Alderman Gino DiGiovanni Jr. (left) and Derby corporation counsel Vin Marino (right).
DERBY — The City of Deby’s lawyer sent a letter Oct. 30 demanding Alderman Gino DiGiovanni, Jr. retract statements he made during a live interview with The Valley Independent Sentinel earlier this month.
Vincent M. Marino said the statements DiGiovanni made were false.
“Based on the information that I have provided to you, your statements made during the interview are clearly false,” Marino wrote in his letter. The corporation counsel further alleges that DiGiovanni’s comments damaged his reputation.
“If you do not take appropriate action to correct your wrongful action, I will take action to protect myself. You are hereby warned,” Marino wrote.
In addition to serving on the Derby Board of Aldermen/women and the Derby Planning and Zoning Commission, DiGiovanni is the Republican candidate for mayor, having beat incumbent Republican Mayor Richard Dziekan in a primary. Dziekan is now running as a petitioning candidate.
On Oct. 23, The Valley Indy conducted a livestream on Facebook during which the audio of a recent meeting of the Derby Board of Aldermen & Alderwomen was played. Toward the end of the nearly three-hour stream, viewers were given the chance to call into the livestream to talk about Derby issues.
DiGiovanni called in and talked about matters that came up during the legislative meeting. The Valley Indy then asked DiGiovanni to respond to a Dziekan campaign mailer that stated DiGiovanni was sued by his father for “non-payment of a business loan.”
In response, DiGiovanni talked about Marino and his firm representing his father in the lawsuit. The candidate questioned whether the lawyer’s work was a conflict of interest, and said his father couldn’t get a retainer back from Marino.
In his Oct. 30 letter, Marino said DiGiovanni’s father hired his firm in October 2021 to collect an unpaid loan. Marino said his firm was hired prior to DiGiovanni being elected Alderman.
Marino said there was no conflict of interest before or after DiGiovanni was elected. Marino, citing the “rules of professional conduct,” said no conflict of interest exists because he represents the city and its boards and commissions — not DiGiovanni individually. The named defendant in the lawsuit is DiGiovanni Jr.‘s business.
“Accordingly, I have never had a conflict of interest in continuing my representation of your father in pursuit of his claim premised on your failure, as owner and operator of DiGiovanni & Sons Construction, LLC, to pay its business debts,” Marino wrote.
The Derby corporation counsel said DiGiovanni was also wrong about his father being owed money by the firm.
“You also stated that I failed to refund your father’s money after I ceased representing him. These statements are false,” Marino wrote. “In the first instance, I remain your father’s attorney in the lawsuit pending against your company, and secondly, my firm does not have a conflict of interest in that representation.”
In March 2022, Gene DiGiovanni Sr. filed a lawsuit against DiGiovanni & Sons Construction, LLC, his son’s company. The lawsuit alleges the father was owed money from a $90,000 loan given to the business in 2004. The total amount owed is now more than $200,000, according to Marino. The case is still pending, but DiGiovanni Jr.‘s company has yet to file a response, and a judge granted a motion for default for failing to appear.
In addition to DiGiovanni and Dziekan running for mayor, the Democrats nominated former Alderman Joseph DiMartino. Retired law professor Sharlene McEvoy is also running as a petitioning candidate.
DiGiovanni was not available for comment.
