Two Derby sewer department employees who serve on elected boards should refrain from participating in matters involving the Derby Water Pollution Control Authority, Alderman Art Gerckens said.
“I think the people who work there and serve on elected boards should remove themselves from all types of discussions about it,” Gerckens told the Valley Indy Thursday (Feb. 25).
Background
Voters in 2014 approved $31 million in borrowing to fix Derby’s long-neglected sewer system. The referendum will increase the average single-family residential sewer bill in Derby by at least $250 per year.
But the projects have been delayed for a number of reasons — including the fact Derby is in trouble with state and federal environmental regulators regarding the poor operation and management of its sewer system.
Investigators from the federal Environmental Protection Agency are probing why reports detailing fecal coliform levels were allegedly changed or altered by a WPCA employee. That issue has the potential for criminal prosecution, depending on what the EPA finds.
Also, the state’s Department of Energy and Environmental Protection has a laundry list of problems with WPCA employees and the sewer system. DEEP has a formal “order” pending against the city and the WPCA.
Negotiations over the order — how it affects the $31 million in scheduled sewer repairs, and how the city will pay lawyers to help them with the DEEP matter — have been ongoing for months.
Conflicts?
Meanwhile, Gerckens said WPCA workers are involved in the WPCA discussion at every angle — as employees, as legislators, and as fiscal agents.
That’s because Alderman Stephen Iacuone and Chris Carloni, an elected member of the tax board, are both WPCA employee.
The involvement of Iacuone and Carloni has the potential to undermine checks and balances within Derby government, because WPCA employees could have a natural bias because they draw salaries from the WCPA, Gerckens said.
The Alderman said their involvement prevents Derby from taking an unbiased look at whether the city should merge sewer systems with Ansonia — a move that is opposed by WPCA employees and Weston & Sampson, the WPCA’s engineering firm, because it is too costly, they said.
Gerckens said that in January, city officials and the city’s legal team met with the state Department of Energy and Environmental Protection to talk about the state’s complaints against Derby.
The Alderman noted Lindsay King, the superintendent of the Derby WPCA, was not sent to the meeting. Instead, Derby sent Iacuone, an employee King presumably supervises.
“I just don’t understand why the man who runs the plant, one of the higher-paid city employees, the man with the degree. Why is he not going for a discussion about the plant and about the WPCA? That makes no sense to me,” Gerckens said during a public meeting Feb. 16 in Derby City Hall.
Further clouding the issues, according to Gerckens — Alderman Barbara DeGennaro is Iacuone’s lawyer.
Gerckens also noted Carloni, in his role on the tax board, voted against a money transfer meant to pay lawyers hired to deal with the WPCA issues.
That’s a conflict, Gerckens said.
During the same Feb. 16 meeting, Gerckens said he had lost confidence in the WPCA superintendent and the WPCA’s engineering firm, and urged his fellow public officials to slow the process down.
“I have no faith in their ability to complete this project in the allotted timetable or within the funds acquired through referendum. I believe we should look into ways to nullify the referendum and go back to the drawing board,” he said.
Gerckens made a scorched earth statement at the meeting, chastising his fellow elected officials and referencing emails between Aldermen in which they complained about Mayor Anita Dugatto’s handling of the WPCA issues.
Gerckens also insinuated the WPCA engineers were too chummy with WPCA employees and the Aldermen.
Reaction
No one reacted to Gerckens’ comments during the meeting, except Alderman Thomas Donofrio, who was elected in November.
Donofrio said Gerckens was out of line.
“Everybody is attacking Steve Iacuone over here. He keeps on saying there is a conflict of interest. Where is the conflict?,” Donofrio asked. “He’s not trying to get himself more money. He’s not trying to get himself a better job. He’s doing what you’re asking him to do and he (Gerckens) keeps on bashing him. That’s wrong. We’re making ourselves look foolish in front of outsiders,” the Alderman said, referring to two lawyers in the meeting room.
“He’s not looking to better himself,” he said. “He’s looking to better the city, OK? And the Democrats’ aren’t getting along, so he’s bashing everybody, and that’s why I’m not a Democrat (any) more. I am getting sick and tired of listening to all this bashing.”
Iacuone declined comment after the meeting.
Carloni told the Valley Indy he does not vote on the WPCA budget itself, so there is no conflict of interest. The WPCA board, a separate, appointed body, approves the budget.
Carloni said he is worried about city spending under Mayor Anita Dugatto.
Carloni said the vote Gerckens referenced was merely him trying to keep the mayor in check.
“I didn’t run for the tax board because of my job. Taxes. I’m worried about taxes,” Carloni said. “We didn’t know how much lawyers are charging us. That’s wasn’t coming out. A lot of families only bring in $30,000 or $40,000 a year. Now we’re talking about using referendum money to pay for lawyers.”
Carmen DiCenso, president of the Derby Board of Aldermen, said Iacuone and Carloni were elected by the people — and they’re the experts on WPCA matters.
“They were elected by the people to serve and they should be allowed to serve. The only thing they shouldn’t be voting on is when it involves their contract or money to them. But they should be able to discuss anything,” DiCenso said.
Derby residents voted in 2003 to prohibit employees from serving as elected officials.
However, the Aldermen can grant a waiver for an employee by a unanimous vote.
Currently three members of the Board of Aldermen — Iacuone, Donofrio and Joseph Martino — are also city employees.
Gerckens voted in favor of the waiver for the three Aldermen who double as city employees when it came up for a vote in January December. At that time, Aldermen voted to install Carmen DiCenso as Aldermanic president, replacing Gerckens.
The city charter defines a conflict of interest, in part, as:
“An official or employee has a conflict of interest when he/she engages in or participates in any transaction, including private employment and the rendering of private services, that is incompatible with the proper discharge of his/her official responsibilities in the public interest or would tend to impair his/her independent judgment or action in the performance of his/her official responsibilities.”
The Derby corporation counsel was unavailable for comment.
