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    Saturday, May 04, 2024

    Fired highway supervisor and his wife file notice to sue Stonington officials

    Stonington — Fired Highway Supervisor Lou DiCesare and his wife Cynthia have notified the town of their intention to file a lawsuit against the town.

    They alleged they have suffered “significant economic and non economic damages” when the town deprived DiCesare of his due process rights and wrongfully terminated him; retaliated against him for using the federal Family and Medical Leave Act to take eight weeks off this spring and then released his personnel file without redacting private information such as their Social Security numbers.

    In addition to the town, the notice cites First Selectman George Crouse, Director of Administrative Services Vincent Pacileo and Public Works Director Barbara McKrell.

    In the notice, the DiCesares' attorney, Kristi Kelly of Suisman Shapiro in New London, wrote that at approximately 7:08 a.m. on April 30, DiCesare was summoned to McKrell’s office and handed a memo telling him to report back in 22 minutes, to discuss her intention to fire him.

    The notice states DiCesare was not given an opportunity to prepare for the meeting, consult with union representation or review the charges against him.

    It states McKrell denied his request to postpone the meeting. DiCesare was fired 3½ hours after the meeting.

    On June 20, Kelly wrote that DiCesare’s unredacted personnel file was given to police to deliver to Selectmen Mike Spellman and Rob Simmons without DiCesare’s knowledge or authorization. The notice states Simmons had not requested the file.

    The town fired DiCesare just two months after a Superior Court judge ruled that he could join the union that represents town administrators. The town had tried to block him from joining the union.

    McKrell had suspended him for five days without pay in January, for telling her that he feels she doesn’t trust him, disobeying her orders and making errors that she said cost the town $106,000.

    “As a result of your insubordination, poor performance, lack of credibility, inadequate planning and financial repercussions to the Town as a result of your conduct your employment is terminated,” McKrell wrote in her termination letter to DiCesare.

    But DiCesare, who has worked for the town for 11½ years, including 5½ in his current position, disputed the charges and said he never had a single disciplinary incident during his employment.

    He said he also believed McKrell was retaliating against him for trying to join the union. The union is appealing his firing.

    j.wojtas@theday.com

    Twitter: @joewojtas

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