A lawyer defending Mayor Anthony Staffieri in a civil lawsuit brought by Derby’s former finance director is withdrawing from the case.
David Monastersky, a lawyer with Howd and Ludorf in Hartford, submitted an application June 12 notifying the court of his firm’s intent to leave the case, according to a document on file in Superior Court in Milford.
The document does not indicate why Monastersky is withdrawing — but the Derby Board of Aldermen has twice rejected an out-of-court settlement offer Monastersky helped to negotiate.
Assuming the court gives a green light, Staffieri’s lone attorney in the case will be Derby Corporation Counsel Joseph Coppola.
A message seeking comment was left with Coppola Tuesday. An e‑mail seeking comment was left with Monastersky.
Background
Ex-city finance director Henry Domurad, Jr.‘s lawsuit against Staffieri claims the mayor unjustly fired him April 12. The mayor said that Domurad resigned.
On April 13, the Mayor’s Office, after a request from the Valley Indy, e‑mailed an undated letter of resignation from Domurad.
Domurad, through his lawyer, claimed the letter was a fraud.
Domurad sued the mayor on May 2.
The lawyers negotiated an out-of-court settlement that would have seen Domurad collect $53,000. However, the Aldermen — on May 24 and again on June 11 — voted to reject the settlement.
The discussion of the settlement offer took place during executive sessions, which are closed to the public, so the precise problems the Aldermen have with the settlement have not been revealed.
However, elected officials and local political leaders have hinted the proposed settlement does not get to the heart of the controversy — who isn’t telling the truth about Domurad’s departure?
Government bodies are allowed to hold private meetings when discussing legal strategy, as long as prior notice of the meeting is made public. Any vote or action happens in public.
Now What?
A hearing on the Domurad lawsuit is tentatively scheduled for July 3 at Superior Court in Milford.
In an e‑mail Tuesday morning, John Gesmonde, Domurad’s lawyer, said Monastersky was the attorney for the city’s insurance company.
“His withdrawal has little effect on Mr. Domurad, but it could result in a significant financial exposure to the City of Derby,” Gesmonde said.
Presumably, the city’s insurance carrier was OK with Derby settling the Domurad case for $53,000. That money would have been paid out by the city’s insurance company.
However, Monastersky’s withdrawal could mean the city — Derby taxpayers — are on the hook for anything above $53,000, if Staffieri and Derby lose the case and a judgment exceeds $53,000.
Then again, Derby could win the case and not have to pay anything to Domurad.
The July 3 court hearing is a “show cause” hearing. Its purpose is not to decide the merits of Domurad’s lawsuit against Staffieri.
Assuming the Derby Board of Aldermen do not approve a settlement in the next 14 days, the purpose of the July 3 hearing will be to determine whether Domurad can be reinstated while his civil lawsuit progresses in court.
If the show cause hearing happens as scheduled, both Domurad and Staffieri could be called to testify, along with other witnesses.
On May 24, Derby Aldermen voted 8 – 1 to reject the $53,000 settlement. Alderman Barbara DeGennaro was the lone vote in favor of settling the lawsuit.
On June 11, Derby Aldermen voted 6 – 3 to reject the $53,000 settlement. Aldermen Scott Boulton and Stephen Iacuone changed their votes, joining DeGennaro.
