YOUNG vs. City of Bridgeport is under APPEAL! NOW with video clip & Court Update

 

This case is about:  As an Elected City Sheriff at the time, because I would not accept what  I feel was a “bribe” to drop all my issues to get the boot finder job in 2006,  the City of Bridgeport retaliated against me by taking away ALL Sheriff work from me  because I would not drop ALL my issues such as FOI complaints, Ethics complaints I filed against various Officials, contaminated dirt piles that was a public health issue.  

On May 25, 2011, the Judge ruled in favor for the City because  he said a City Sheriff was  not considered an employee,  so I am currently appealing the Judge’s decision in Appellate court in Hartford, CT.  My complaint: Sec 31-51q.  Liability of employer for discipline or discharge of employee on account of employee’s exercise of certain constitutional rights.  Any employer, including the state and any instrumentality or political subdivision thereof, who subjects any employee to discipline or discharge on account of exercise by such employee of rights guaranteed by the first amendment of the US Constitution or section 3, 4 or 14 of article first of the Constitution on the state, provided such activity does not substantially or materially interfere with the employee’s bona fide job performance or the working relationship between the employee and the employer, shall be liable to such employee for damages caused by such discipline or discharge, including punitive damages reasonable attorney fees as part of the cost of any such action for damages.

Sec. 31-51m.  Protection of employee who discloses employer’s illegal activities or unethical practices. Civil action.  No employer shall discharge, discipline or otherwise penalize any employee because the employee, or a person acting on behalf of the employee reports verbally or in writing, a violation or a suspected violation of any state or federal law or regulation or any municipal ordinance or regulation to a public body, or because an employee is requested by a public body to participate in an investigation, hearing or inquiry held by that public body or court action.  No municipal employer shall discharge, discipline or otherwise penalize any employee because the employee or a person acting on behalf of the employee, reports verbally or in writing, to a public body concerning the unethical practices, mismanagement or abuse of authority by such employer.  The provisions of this subsection shall not be applicable when the employee knows that such report is false. 

This appeal involves a question of statutory construction not previously decided at the appellate level and might be transferred to the Supreme Court

council  video clip

The Council put forth a resolution #26-06 to be fair & equal with sheriff work  The City refused to honor this resolution

Court date:  Thursday,  March 8, 2012  10:00 a.m.  Court of Appeals in Hartford, CT.

                                                                                                                        April 26, 2007

Mark T. Anastasi, Esquire

City Attorney

City Of Bridgeport, Connecticut

Dear Attorney Anastasi

     In accordance with the Charter of the City of Bridgeport, Chapter 51 section 11, the

Following resolution was approved by the City Council of the City of Bridgeport on April 2, 2007 and does not require Mayoral signature; said approval effective as of April 25, 2007.

Resolution regarding the Fair and Equitable Assignment of all City Sheriff Work to all

Elected City Sheriffs

 

         WHEREAS, the City Council has been presented with a complaint by an elected official of the city regarding the city hampering his ability to perform his duties; and

 

     WHEREAS, this elected official alleges that he has been informed by employees for the city that the reason that he has not been allowed to serve in his capacity is due to prior legal action that he has taken against the city; and

     WHEREAS, it is the belief of the members of the City Council that it is improper to prevent an official from performing his duties in an effort to punish or discourage  the use of the court system to seek any and all legal remedies that are available to him; and

     WHEREAS, this individual was duly elected by the voters of the city of Bridgeport; and

Now therefore, be it

     RESOLVED, that the city council directs the city attorney to immediately cease and desist such practices and to immediately implement a program of fair and impartial rotation of work among all city sheriffs; and be it

M. Anastasi, City Attorney

April 26, 2007

Re: Resolution regarding the Fair and

Equitable Assignment of all City Sheriff

Work to all elected City Sheriffs

Page 2

     RESOLVED, that this procedure should be mandatory and that it will provide

Documentation of the rotation of assignments, which includes written notice from the sheriff next in line if the assignment is declined; and be it further

** Amendment Approved on Council Date:  April 2, 2007

     RESOLVED, that whenever feasible that the city sheriffs should be given highest

Priority in assignment of work and a rotation schedule developed for them and be it further

     RESOLEVED, That when sheriffs cannot be used to perform services, then state marshals shall be used and a separate schedule shall be established for them.

                                                                              Attest:

                                                                              Ann L. Murray

                                                                              Assistant City Clerk

ALM:mv

Cc:  J. M. Fabrizi, Mayor

  1. Feeney, CAO

       C. Carroll, Chief of Staff

       B. Norwood, Chief/Police Department

       E. Pivirotto, Councilmember, D-132nd

       B. Walsh, Councilmember, D-132nd

       A. Baker, Jr Councilmember D-139th

       C. Silva, Councilmember D-136th

       M. Valle, Councilmember D-137th

       M. Lyons, Councilmember D-134th

        J. Dye, Councilmember D-135th

           L. Colon, Councilmember   D-131st

           J. Holloway, Councilmember D-139th

          A. Ayala, Jr. Councilmember D-137th

          R.M. Paoletto, Councilmember  D-138th

           D.M. Curran, Councilmember  D-130th

           W. Blunt, Councilmember  D-135th

       

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