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SUPERIOR COURT
v.
STAFFIEzu, ANTI{OI{Y
OF'
APPLICATION FOR AN INTERT,OCUTORY ORDER IN TTTE NATURtr OF MANDAMUS IN AID OF PENDING ACTION AI\D ORDER TO SHOW CAUSB
The plaintiffin the above-entitled action hereby mal<es application for an interlocutory
order in the nature of mandamus in accordance with his prayer for relief, pursuant to $23-47
of
tiie Connecticut Rules of Court and $52-493 of the Connecticut General Statutes, and
respectfuily requests that the defendant, Anthony Staffieri, be ordered to appear at an eariy date to show cause why the prayer fbr an interlocutory order in the nature of marrdanrus in aid of a pending action should not be granted.
THE PLA
TELEPHONE: 203 -407 -4200 FACSIMILE: 2fi -4a7-42 1 0 JURIS NO. 022230
RNTIJRN DATE:
STIPERIOR COTJRT
STAFFIERI, ANTHONY
Personally appeared, HENRY J. DOMURAD, JR., 6 Devon View Road, Derby, Connecticut and rnade oath to the truth of the matters contained in the foregoing complaint, before me.
Notary
Public/ffi
RETURN DATtr:
STJPERIOR COURT
v.
STAFFIERI, ANTHOI{Y
COMPLATNT COUNT
(MANDAMUS) plaintiff, Henry J, Domurad, Jr., is the director of finance of the City of Derby.
1. 2. 3.
The
The defendant, Authony Staffieri, is the mayor of the City of Derby. The plaintiffwas appointed to th.e office of director of finance by vote of the Cily of Derby board of aldermen, upon recommendation of tire defendant, on October 23,2008. Proposed Exhibit A.
4.
Tlie plaintiff and the defendant thereafter entered into a three (3) year wriften
employment contract, commencing November 17, 2008, the date when the plaintiff actually assumed the duties of his offrce.
5,
At the conclusion of the term of the r,witten employment contract on November 17,201
the
1.
plaintiff was permitted to continue in the employ of the City of Derby as the director
of finance enjoying the same salary, benefits and other emoluments of employntent, as provided for in the original wlitten employment contract.
6.
On
plaintiffwas sumlnoned to
the defendant's offrce and told by the defendant that the plaintiff was "not worldng out"
and flrat his contract was not being renewed; defendant then demanded that the
plaintiff
"clean out his off,rce" and give the defendant his heys to City Hall.
7
The plaintiff stated to the defendant that he could not fire him without the approval of the board of aldermen. pursuant to section 32-61 of the Code of the City of Derby; the
be
entitled to substantial severance benefits czuried over or implied from the original written employment conh'act.
8.
The defendant responded to the plaintiff s legal and contractual claims witli tire coru11ent
that he would have corporation counsel look into the rnatter, and that the letter
of
termination would be available to the plaintiff the next day, April 13, 2012,
9.
On
April 13,2072,
the
r-rp
which read as follows; Henry, Your Employment Contract has not been renewed and your lefter of resignation has been accepted. I thank you fbr your seruice and wish you well in his (sic) future,
10.
I(nowing flrat he had not resigned, and that the subjeet of lesignation had not even been
discussed in the brief meeting with the defendant on
April 12,2012,
the
plaintiff
Mayor, Let it be known that I did not resign! You said that I was not working out.
Proposed Exhibit B.
11,
The plaintiff then proceeded to scan/e-mail his rernonskance to both the defendant and
corporation counsel, and personally gave a hard copy of the same to flre defendant's administrative aide for the defendalt; the plaintiff then called the president of the board of aldermen to relate rvhat liad transpired, and to assure him that he did not resigr.
12.
That same evening. the Valley lndependent Sentinel published online an undated letter resiguation purportedl-v written and signed by the plaintiff for the purpose represented
of
N4r'.
workday on April 12 ... he submitted the letler of resignation and I accepted it."
Propased Exhibit C.
13.
From the date of tlie approval of his appointnrent to the office of director of finance of tlie
Section 7-103 of the Connecticut General Statr-rtes prescribes that "any ... appointed ...
city ... officer . .. desiring to resign from liis office shall subnrit his resigrration in rnniting
to the toun1, city ol borough clerli. as the case lray be . ..
shall
become effective upon the riate specifieC therein or. if no date is so specified, upon the
date of its submission.
15,
16.
Section 32-61of flre Code of the City of Derby provides that the "Finance Director may
be removed from office upon the recomrnendation of the Mayor subject to the approval
At no time did the defendant recommend to tlie board of aldennen of the City,' of Derbl'
that the plaintiffbe removed as director of finance, md at no time did the board of aldermen approve the removal of the plaintiff as director of finance.
18.
On April 26,2072, the board of aldermen of the City of Derby, on its own rnotion, voted not to accept the plaintiff s putative resignation, the president of the board of aldermen stating that "this board does not recognize ally suspect resignation or firing, therefore Mr. Doruurad is still the Finance Director of the City of Derby." Proposed Exltibit E,
19.
Ori
aforesaid vote talcen by the board of aldemren, which the board of aldemen may overide
at or before its next regular rneeting in accordance with the same section of the Charter.
Proposed Exhibit F.
)\).
Howevet, in'espective of whether or not the defendant's veto is overridden, there stil1will
exist no resignation in effect by the plaintifffor the defendant to accept and no approval
by the boald of aldermen that the plaintiffbe removed from office; yet, the plaintiff continues to be denied the ciear legal right to his office for no riglrtful purpose and
ministerial duty
of
as director of finance.
21.
The Cha:1er and Code olthe City of Derby is the fountainhead of mturicipal powers in the City of Derby, both creating power and ordaining the form in which it rnust be
exercised.
22.
Section l2 of the Charter of the City of Derby requires that tire defendant, as mayor, "be
vigilant in the execution and enforcernent of the laws and ordinances of the City of
Derby."
23.
In excluding the plaintiff from liis office and declaling without authority that he has been
terminated (variously by nou-renewal of his contract or by his own hand), in violation
State statute and the Charter ard Ordinances of the City of Derby as aforesaid, the
of
defendant tlueatens the orderly process of government and disserves the public interest.
24.
The unilateral act of the defendant, a public officer, in terminating the employment of the
plaintiff based on an instrrulent that is a nLrliity and ongoing violations of State and local
larvs is illegal, in derogation of statutorl, authority and an injury to the citizens of Derby.
WHEREFORE, the plaintiff pravs for the issuance of an order in the nature of a
mandamus requiring the delendant to execute and enflolce, and dischalge the duties inrposed upon him as mayor of the City of Derb)' b),, tlie Cliarter and Ordinances pursuant to $12 of said
Charter, and to reinstate, or permit the reinstatement without interference by him as mayor, of the
plaintiff to the offrce of director of finance of the City of Derby; as well as an order in the nature
of a mandamus in aid of this matter during its pendency pursuant to Connecticut Ruies of Court
523-47 and $52-493 of the Connecticut General Statutes,
25.
WHERIFORE,
the
plaintiff clairns:
l. 2. 3. 4. 5.
Attomev's fees.
COUNT
III
1-24. Paragraphs 1 through 24 of Count I are hereby made palagraphs i-24 of this,
Count III, as
if fuliy
25.
The acts of tire defendant in discliarging the plaintiff by usurping the power of the
board of aldermen and disregarding the Charler and Code of the City of Derby and section 7-143
of tlre Comecticut General Statutes involved a dishonest puryose, sinister motive or reckless
indifference to the interests of the plaintiff, and/or actual or constructive fraud.
1. 2. 3. 4, 5.
Attorney's fees.
THE PLA
M, GESMONDE SMONDE, PIETROSIIVIONE & SGzuGNARI, LLC 3I27 WHITNEY AVENUE FIAMDEN, CT 06518 TELEPHONE: 203 -4 07 -4240 FACSIMILE : 2a3-407 -4210 JUzuS NO, 022230