Montville - The Town Council voted during a special meeting Monday to settle a lawsuit initiated three years ago by a former administrative assistant in the mayor's office.

Cathy Cubilla alleged in the 2011 lawsuit against Town Council Chairman Joseph Jaskiewicz that, when she served as Jaskiewicz's secretary while he was mayor, her civil rights were violated and she was asked to carry out human resources duties that she did not have the qualifications to perform.

The lawsuit was slated to go to trial Thursday, according to Cubilla's attorney, Heena Kapadia. Joseph McQuade, labor attorney for the town and Jaskiewicz's in the suit, said a trial is now unlikely. He said it is the intent of all parties to avoid a trial but that further action is required before a trial is ruled out.

Court records show that selection of a jury was slated to begin Oct. 16. The defendants - Jaskiewicz and the town - and Cubilla filed motions earlier this month to prevent presentation of certain evidence in the trial. Both parties had also already selected witnesses for the trial.

Court documents state that Cubilla began working for the town in 1989 and served as an administrative assistant to various mayors and first selectmen. Eventually, Cubilla began to take on some human resources responsibilities in addition to clerical duties, according to court documents.

Cubilla argues in court documents that around 2006 she began lobbying Jaskiewicz to hire a human resources professional. She "regularly witnessed illegal discrimination," according to her description of the case, and "began to speak out because it became clear that the town did not have proper policies, procedures and controls in place to protect employees and comply with employment laws and regulations, and that the Town was at risk."

The town eventually hired an HR director but later eliminated the position, with town officials saying the layoff was due to financial constraints on the town.

Cubilla claims that in a conversation with Jaskiewicz about the decision, the former mayor "fell into a rage and charged" Cubilla.

According to court documents, Cubilla claimed that on June 22, 2011, Jaskiewicz "trapped her behind her desk, stabbed his finger toward her face and screamed with rage for several minutes." Cubilla has claimed that she felt a physical threat and her psychiatric health deteriorated after the alleged incident.

Jaskiewicz characterized the exchange as a discussion, denies intentionally inflicting emotional stress on Cubilla and points out that Cubilla agrees that he never touched her.

Documents state that Cubilla has claimed she was fired "based on her speech on a matter of public concern," while the town has claimed "that it did not terminate her employment because Ms. Cubilla quit her job."

All members of the Town Council present Monday voted in favor of the settlement, details of which have yet to be released. Jaskiewicz and councilors Laura Tanner and Kathleen Pollard were absent.

t.townsend@theday.com

Twitter: @ConnecticuTess