Wikimedia Commons
Derby City Hall.
DERBY — City lawyers filed paperwork asking a judge to dismiss a federal lawsuit filed against Derby by the city’s human resources director.
The director, Katherine Christopher, filed a lawsuit against the City of Derby in July in response to the Derby Board of Aldermen & Alderwomen cutting her annual salary by more than $19,000.
Background
Christopher was hired in August 2022 when Richard Dziekan was mayor, according to her complaint.
In December 2022, the Aldermen & Alderwomen set the position’s pay at $49 per hour for eight hours a week.
On April 10, 2023, former mayor Dziekan gave Christopher an employment contract that made the position full-time and set the annual salary at $89,180.
On March 14, 2024, members of the Derby Board of Aldermen & Alderwomen voted to reduce the position’s pay to $70,000. That happened after voters replaced Dziekan with Joseph DiMartino as mayor.
The move was unconstitutional, a breach of contract, and displayed an“arrogance of power,” according to the lawsuit filed by Shelton attorney Thomas W. Bucci.
Click here for a previous Valley Indy story on the case.
Motion To Dismiss
James N. Tallberg, of Rocky Hill, is the lawyer representing the City of Derby in the case.
In a motion to dismiss the lawsuit filed on Sept. 26, Tallberg argues that Christopher’s contract isn’t enforceable because it was never ratified by the Derby Board of Aldermen & Alderwomen.
“… the former Mayor is not authorized to enter employment contracts on behalf of the City, a fact that the plaintiff was aware of when signing the purported contract,” Tallberg wrote. “Accordingly, the plaintiff does not have a valid and enforceable employment contract with the City.”
Tallberg argues that the Derby City Charter is “plain and unambiguous” when it comes to approving contracts: the Derby Board of Aldermen & Alderwomen.
Tallberg cites previous cases that he said shows when a person is entering a contract with a municipality, it’s on the person to make sure the person presenting the contract has the authorization to do so.
Tallberg argues the Alders took two valid steps: First, when they established the position as part time at 8 hours a week for $49 per hour, and; second, when they made the position full-time and set the salary at $70,000.
The contract Christopher signed with the former mayor is not valid because the mayor wasn’t authorized by the Alders.
Next Steps
Bucci (Christopher’s lawyer) has asked the court for more time to respond to Derby’s motion to dismiss the case. In a filing he asks that Nov. 18 be his deadline to respond.
Bucci points out Christopher is also appearing in front of the Commission on Human Rights and Opportunities, a state agency that looks into workplace discrimination complaints. There have been three mediation meetings with the agency, Bucci said.
