Derby Meeting On Investigative Report Gets Testy

DERBY — The stated purpose — in writing and verbally — of Monday’s meeting of the Derby Board of Aldermen & Alderwomen was to discuss an investigative report into finance director Agata Herasimowicz, but the meeting went off script soon after it started.

The first line of questioning from the city lawyer was about a Bank of America purchase card, similar to a credit card, Herasimowicz had apparently acquired to pay for some city expenses. Derby City/Town Clerk Marc Garofalo was able to use a card, and said he might have used it once.

Herasimowicz said modern municipalities routinely use such devices. She said the Derby City Hall custodian has access to a Home Depot card from the city. Garofalo said the idea is to prevent city employees from having to pay for small purchases out of their own pocket and then wait an extended time for reimbursement.

No one said the card was misused or abused.

The questions, at least as posed by Second Ward Alderman Gino DiGiovanni, seemed to be an attempt to probe whether Herasimowicz acted outside her duties as finance director. DiGiovanni repeatedly asked whether any authorization is needed to acquire such cards.

There was no information about the Bank of America card in the investigative report made public last week commissioned by corporation counsel Vincent Marino on behalf of Mayor Rich Dziekan. There was no advance notice questions would be asked about the card prior to Monday’s meeting.

Neither Herasimowicz nor the members of the Board of Aldermen & Alderwomen were provided anything in writing about the Bank of America card — though the investigative report was included in the meeting’s agenda packet and posted online prior to Monday’s meeting.

Marino said he asked questions about it because it was an issue that had been brought to his attention earlier in the day.

After Monday’s meeting ended, The Valley Indy asked Marino whether raising the issue was fair to Herasimowicz given the lack of notice and documentation. Marino said it was fair because the meeting, in general, was dealing with a personnel issue.

The questions about the purchasing card annoyed Derby resident Tom Lionetti, who spoke up about the issue after about 40 minutes. He called Monday’s proceeding a ​“kangaroo court.”

The board has the ability to terminate Herasimowicz if they find just cause.

The video below shows an exchange between Lionetti and the board.

Personnel issues are usually discussed in executive sessions, behind closed doors, which is allowed by state law.

But Herasimowicz, who said Monday she was fighting to clear her name, requested that all questions of her be asked in public.

Confused by all this?

Here is some background.

Herasimowicz was put on paid administrative leave in early March. She was notified of her paid leave by Walter Mayhew, Mayor Dziekan’s chief of staff.

A letter from Mayhew said the administration needed to investigate whether Herasimowicz, on the job for less than a year, violated Derby policies and procedures.

An investigative report released last week said Herasimowicz violated the Derby City Charter several times — five in all, according to Marino.

But the report was far from damning. Click here to read a previous story.

Instead, the report concluded that her actions were ​“reasonable” when it came to paying for police video equipment and bringing in temporary workers to help fill vacancies in Derby City Hall without the proper authorization from the Derby Board of Apportionment and Taxation.

In addition, the report concluded the city lacks basic financial policies — an issue Herasimowicz tried to address before she was put on paid administrative leave (according to the report).

Marino said Monday that the investigative report is just an interpretation and opinion. DiGiovanni pointed out the investigative report does not ​“clear” Herasimowicz: that’s up to the Derby Board of Aldermen & Alderwomen.

Marino asked the most questions of Herasimowicz during Monday’s meeting. Herasimowicz appeared without a lawyer.

The meeting lasted for almost three hours.

Outside of the city attorney, DiGiovanni and Alderman Charles Sampson asked the most questions to Herasimowicz.

A good deal of time was spent discussing the fact Herasimowicz opted to pay for state-mandated cameras for the Derby Police Department before the Derby Board of Apportionment and Taxation approved the spending. The investigative report found Herasimowicz’s actions were reasonable, but DiGiovanni said Herasimowicz could have told the tax board about the situation earlier than she did.

Sampson pointed out Herasimowicz was hired to clean up the mess that is the Derby finance department — not to continue bad past practices.

Toward the end of Monday’s meeting, Herasimowicz said her administrative leave was orchestrated by the political interference of one person — Walt Mayhew, the mayor’s chief of staff.

Herasimowicz said that when Mayhew started his job in January, he started to muscle his way into the finance department. Herasimowicz said he took away her deputy finance director, leaving her with an impossible workload. Herasimowicz’s deputy quit with no notice shortly after Herasimowicz was put on leave. The investigative report makes no mention of the deputy.

Herasimowicz said Mayhew told her she could not communicate with the Derby Board of Alderman & Alderwomen. Herasimowicz said Mayhew forced her out of the budget process, usurping her role as finance director.

The Valley Indy reached out to Mayhew after Monday’s meeting for comment.

The Valley Indy submitted a freedom of information request in March to the city seeking all emails between Mayhew and Herasimowicz. The city still hasn’t released the information. Marino said he has a stack of emails, but still hasn’t reviewed them.

Also unknown to the public: how much the investigative report has cost taxpayers. The Valley Indy previously asked but received no response. Alderwoman Barbara DeGennaro asked Monday but the information wasn’t immediately available. The Alderwoman also asked who authorized the investigation. That question went unanswered.

The Derby finance department has a history of instability going back more than 10 years. Because of past budget blunders, the city appears regularly in front of thestate Municipal Finance Advisory Commission, a group that tries to guide Derby on its financial issues.

At the last MFAC meeting, the commission said it might be time to pass Derby to the Municipal Accountability Review Board. That’s a tougher level of scrutiny: while MFAC is advisory, MARB has teeth.

MFAC is scheduled to meet Wednesday morning with Derby officials. 

In a text message late Monday, Alderwoman Anita Dugatto, a former mayor, said it might be time for state intervention into the Derby finance department, given the problems.

“I believe MARB is needed for our City Finance Office,” Dugatto wrote. The fixes cannot be made thru our municipal government as is. We need linear structure of Ops and Procedures and measured metrics to evaluate our progress.”

The Dziekan administration has said repeatedly city finances are strong, so there’s no need for state involvement.

The Aldermen & Alderwomen are scheduled to meet again at 6 p.m. Wednesday to continue discussing the finance director’s situation.