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Journal Inquirer - Manchester,
14 April 2007

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Not a black and white issue; O

ENFIELD - It's been more than three years since James Argenta, a local police dispatcher, was fired following an arrest on marijuana possession charges.

The town has waged a lengthy legal battle to uphold Argenta's firing. Those efforts sustained a blow last week after a three-judge panel of the state Appellate Court unanimously ordered Argenta's reinstatement.

The Town Council will meet behind closed doors Monday to discuss the case with its lawyers. It must decide by the end of the month whether to try to appeal the issue to the state Supreme Court.

Argenta's case pits the town's right to manage its public safety services as it sees fit against its duty to adhere to collective bargaining agreements with municipal labor unions.

Most council members were wary of publicly discussing the case, citing freedom-of-information statutes that allow them to talk about pending litigation in private. The law, however, doesn't forbid council members from freely stating their opinions on matters of public interest.

Some believe firing justified

Several council members said they believe Argenta's firing was justified.

"In his employment application, it says you have to abide by the law, and he didn't," Councilman Ken Nelson, a Republican, said. "It blows my mind that we're even here.

It's absurd."

Councilman William Ragno, a Republican, believes the Appellate Court made a poor judgment.

"You have to look at what's in the public interest," he said. "You're talking about public safety. If a person subscribes to that sort of conduct, they have to face the consequences."

Councilman Patrick Crowley, a Democrat, said employees of the Police Department ought to be held to a high standard of conduct.

"If you're in a law enforcement position, you kind of have to uphold the law," he said. "That includes dispatchers. Integrity has to be part of the scenario."

The Appellate Court reversed the decision of Hartford Superior Court Judge Jerry Wagner, who had sided with the town.

In 2003, while Argenta was working for the Police Department, an investigation - which included officers surreptitiously combing through Argenta's trash outside his Enfield home - led to police obtaining a search warrant for Argenta's home.

Argenta cooperated with officers, showing them where he kept a small amount of marijuana for personal use in the basement of his home.

Admitted smoking marijuana

He admitted to investigators that he occasionally smoked marijuana recreationally, but said he never used the drug outside his home, around his children, or while on duty.

He was arrested, but completed a pretrial drug education program for first-time offenders, and the charges were erased from his record.

Argenta had a spotless employment record, and the Police Department did not drug-test its dispatchers. Nevertheless, the town asserted that his conduct had violated a prohibition against town employees using dangerous drugs and had set a bad example.

He was fired Jan. 12, 2004, one month after his arrest.
But Argenta and his union, AFSCME Council 4, Local 1029, appealed. A state arbitration panel ruled in his favor, saying a five-day unpaid suspension would be the appropriate punishment. The panel ruled that the Police Department lacked grounds to fire Argenta.

The panel was composed of lawyer Albert G. Murphy; Betty H. Rosania, who represented the management's interests; and Madeline M. Matchko, who represented the labor's interests.
District 2 Councilman William "Red" Edgar, a Democrat, supports the arbitration process.

"I think the arbitration decision should stand," Edgar said. "That's the process."

Deputy Mayor Kenneth Hilinski, a Democrat, also supports the system.

'Court decision was fair'

"I believe in the court system," he said. "I believe the final analysis of the court decision was fair."
Edgar said council members should pay close attention to the town's legal bills while considering an appeal.

"I have serious reservations about the amount of legal fees we've spent on this," he said.

Shipman & Goodwin, a law firm with offices in Hartford, is representing the town in the matter.

Town officials said they did not have the amount the town has spent on the case in legal fees readily available.

The law firm frequently represents the town. Expenses from the various cases are lumped together, town officials said.
Councilman William Lee, a Republican, said he was disappointed by the Appellate Court's ruling.

"What seemed to be cut and dry wasn't," he said.

District 3 Councilman Scott Kaupin, the Republican minority leader, believes Argenta's firing was justified.

"It's imperative that an employee in public safety has a clear record," he said.

Kaupin said the town has no choice but to follow the arbitration process.

"In the public sector, that's the practice and that's the situation that we live in today," he said. "And we have to accept it."

Kaupin said he doubts the political will exists to change the collective bargaining laws.

"It would be impossible in Connecticut's political landscape," he said.

Mayor supports arbitration process

Mayor Patrick L. Tallarita, a Democrat, declined to express an opinion on Argenta's firing.

Tallarita said he supports the arbitration process.

"I think the process is right," he said. "I really do."
He said the arbitration laws prevent municipal employees from striking, which is a benefit that overrides individual disputes, such as the case at hand.

Tallarita said the system could be streamlined to move more quickly and efficiently.

"Could the process be tweaked to make it more effective?" he said. "Yes."

District 4 Councilman Douglas Maxellon and Councilman Brian Peruta, both Democrats, declined to comment based on the advice of Town Attorney Christopher Bromson, who is also the town's director of public safety.

Councilwoman Cynthia Mangini, a Democrat, said it was not her place to comment on employee relations.

"It's something we need to review and allow our attorneys to help us decide where we stand," she said.

The town's legislative delegation spoke more freely about the issue than the council members.

Rep. Karen Jarmoc, D-59th District, believes the town was justified to fire Argenta; saying public safety personnel are subject to a high integrity standard.

She said the case shows some examination of the arbitration laws is merited.

"It's not a bad thing to take a look at how decisions are made and why they're made," she said.

Rep. Kathleen Tallarita, D-58th District, also disagreed with the Appellate Court's ruling.

"The police administration should have the final word," she said.

Tallarita, the mayor's sister, said she is willing to review the arbitration laws.

"Absolutely, I'd be willing to look at them," she said. "Would I want to wipe them away? Absolutely not."

Sen. John A. Kissel, R-Enfield, said he understands the town's interest in protecting public safety.

"When you have a dispatcher, you need someone who is clearly focused," he said.

Kissel, the ranking member of the Senate Judiciary Committee, supports the arbitration and court process to settle these sort of matters.

"I think this is how democracy works," he said. "I think both sides are utilizing all means available to them. I believe the process will come to a reasonable conclusion."

A couple residents interviewed at a shopping plaza on Hazard Avenue on Friday said Argenta didn't deserve to be fired.

John Galbraith said Argenta's misdeed ought to be weighed against his 11 years of good service as a dispatcher.

"That means something," he said. "I kind of feel that maybe the guy ought to be cut a break. But it's not a cut and dry issue. It's a tough one.

"If the guy was a chronic user, then he wouldn't belong in his job," he said.

Tom Agramonte, another resident, doesn't believe Argenta deserved to be fired.

"Honestly, I don't think he should have gotten terminated," he said. "I don't think it would have affected his job performance if he was doing it off the job."

Galbraith said the legal struggle isn't worth the expense to taxpayers.

"We could use those tax dollars in better ways," he said.

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Journal Inquirer - Manchester,14 April 2007

Not a black and white issue; O

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Journal Inquirer - Manchester,
14 April 2007