Halstead Calls On McCarthy To Initiate Inquiry Against City Council Member Accused Of Sexual Harassment

UPDATE: Halstead letter to McCarthy, proposed city council resolution, legal opinion and complete cited text of city charter here.

City Councilman Bob Halstead, recalling how City Council President Tom McCarthy was quick to activate an investigation into the disparaging remarks of malcontent Bob Walsh–followed by an apology–against a fellow council member, is calling upon the legislative leader to initiate a council inquiry into allegations of a second sexual harassment claim against councilor Rich Paoletto with whom McCarthy’s had a close working relationship.

The Paoletto case illustrates the conflicts of interest that exist with city employees serving on the City Council. McCarthy is deputy director of Labor Relations that hears allegations against city employees. McCarthy sent a letter to fellow council members that he has recused himself from the Paoletto investigation. If McCarthy wasn’t a member of the City Council there’d be no need to recuse himself. Does this mean McCarthy will recuse himself in taking action against Paoletto in his official council leadership capacity?

Halstead’s resolution also highlights McCarthy placing himself in the line of fire as head of the legislative branch, working at the pleasure of the mayor, whose office handles complaints against city employees, some of whom serve on the City Council.

Several years ago Paoletto was suspended from his city job following a city investigation into a sexual harassment complaint from a city employee. This second complaint, however, has bled into an election year in which Mayor Bill Finch does not want to be seen as protecting sexual harassers. There are two pieces to the Paoletto case: one that addresses his city job, the other that addresses his conduct as an incumbent City Council member. Paoletto is suspended with pay, a city policy, while the Labor Relations Department reviews his case.

The City Charter prohibits city employees from serving on the City Council, but McCarthy has rationalized a loophole in state law allows him to serve. State Rep. Jack Hennessy says he will try to close that loophole in the current session of the state legislature that no doubt McCarthy wants to block as well as organized labor leadership seeking to maintain a cozy relationship with the deputy director of Labor Relations.

Associate City Attorney John Mitola, at the request of City Attorney Mark Anastasi, issued a legal opinion in December 2009 that provides the City Council with authority to  address conduct of its members.

City Charter language:

The city council may determine its rule of proceeding in conformity to the general principles of parliamentary law, may punish members for disorderly behavior, and, after notice and hearing, may, by a two-thirds vote of all council members, expel a member for due cause. A quorum shall consist of eleven council members. At the request of any council member, the vote upon any question shall be taken by roll call vote.

Halstead resolution:

The undersigned, Robert Halstead, pursuant to the advice and counsel provided to the City Council by the Office of the City Attorney in the attached City Attorney opinion on December 23, 2009, does hereby call upon the President of the City Council, Thomas McCarthy to refer the matter of the alleged wrongdoing/sexual harassment claim of a City Council member/City Employee, to the full City Council to act as a Committee of the Whole to begin an inquiry into the allegations pending against the said City Council member/City employee.

The President of the City Council has informed the City Council that his dual position as a City Employee and President of the City Council creates a conflict of interest for him. In light of the clear conflict of interest expressed by the President of the City Council, the undersigned suggest that the Committee of the Whole be chaired by the President Pro Temp of the City Council, Denese Taylor-Moye:

Whereas, on or about October 27, 2014, the Executive Branch suspended one of its employees, who is also an elected member of the Bridgeport City Council; and Whereas, the City Council member/City Employee was suspended, with pay, from his city  position due to accusations of sexual harassment; and

Whereas, the City of Bridgeport’s Executive Branch is believed to be conducting an investigation into the alleged wrongdoing; and

Whereas, the President of the City Council, Thomas McCarthy, is also a member of the Bridgeport Executive Branch in that he serves as the City of Bridgeport Deputy Labor Director, the City department charged with oversight of the investigation; and,

Whereas, President McCarthy, advised members of the City Council in an email dated October 27,2014, that he had recused himself from “any Labor Relations investigation” due to his role as an Employee of the City’s Labor Department and President of the City Council; and

Whereas, on or about December 23, 2009, under the leadership of President Tom McCarthy, the City Council sought and received legal counsel and advice on an issue involving the alleged wrongdoing of a member of the City Council (the opinion is attached to this Resolution/Request); and

Whereas, on December 23, 2009, the City Attorney advised the City Council, in a written opinion, to convene the City Council as a Committee of the Whole and begin an investigation into the matter since “under Charter Section 5(b) the authority to punish and remove a city council member is plainly vested solely in itself; and

Whereas, the City Council, as an independent and co-equal branch of city government, does not have to await the results of an Executive Branch investigation before proceeding on its own with an investigation into this matter; and

Whereas, the allegations made are serious and must be taken as serious by the Bridgeport City Council; and

Whereas, the City Council has received no information regarding the status of the investigation conducted by the Executive Branch, and the City Employee/City Council member remains on a paid suspension,

Therefore, Be it Resolved:

That the Bridgeport City Council, sitting as a Committee of the Whole, shall conduct an investigation, following the procedures outlined in the December 23, 2009 of the Office of the City Attorney, so as to make an appropriate determination into actions to be taken by the Council regarding the City Employee/City Council member at issue.