Henry Domurad, Jr. the Derby finance director whose alleged resignation prompted a showdown between Democratic city Aldermen and Mayor Anthony Staffieri, filed a lawsuit against the mayor Wednesday.
Domurad’s seven-page complaint says Staffieri wrongfully discharged him and continues to deny him “the clear legal right to his office for no rightful purpose.”
In doing so, the complaint alleges the mayor “threatens the orderly process of government and disserves the public interest.”
Domurad asks a judge to order Staffieri to reinstate him, as well as for back pay, compensatory damages, punitive or exemplary damages and attorney’s fees.
Messages seeking comment were left late Wednesday with Staffieri and Derby Corporation Counsel Joseph Coppola.
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A copy of the lawsuit, a public document on file in Superior Court in Milford, is posted below:
Controversy
Staffieri says the resignation letter is real, and brought in a retired handwriting expert in an effort to prove it. The original has since been handed over to an investigator with the Chief State’s Attorney’s Office in anticipation of a criminal probe.
Domurad had planned to report to work as usual after a Board of Aldermen meeting April 26 during which Aldermen voted 5 – 3 not to accept a resignation letter allegedly signed by him.
But his plans changed a day later, when Staffieri vetoed that vote. If Aldermen want to override the mayor’s veto, they will need six votes to do so.
Reached Wednesday evening, Domurad’s lawyer, John M. Gesmonde, said the mayor won’t be served with the lawsuit until court officials process the documents filed Wednesday.
He said he anticipates a preliminary hearing in the case to occur toward the end of the month, after which he hopes a judge will issue a temporary order telling Staffieri to let Domurad back to work while the lawsuit plays out.
He pointed out a state law cited in the complaint that says municipal officers who want to resign must file a letter saying so with the city clerk in order for the resignation to be effective.
He also disputed the Staffieri’s account of Domurad’s resignation. The mayor told the Valley Indy last month that he watched Domurad sign the disputed letter, which he then accepted.
“That just simply never happened,” Gesmonde said.
Exhibits
In addition to the complaint, the file on the case at Superior Court in Milford contains 13 pages of proposed exhibits filed by Gesmonde, including the minutes of the October 2008 Board of Aldermen meeting when Domurad was first appointed.
According to the document, the mayor recommended Domurad in glowing terms, calling him “a man of maturity, of wisdom, of very specific knowledge of our budget and of our budgetary process,” and that “taxpayers can feel at ease their interest is always on his mind.”
Gesmonde said he’s still in the dark as to what could have prompted Domurad’s fall from grace.
“One thing that you never hear anything about from either side is what’s wrong with him? What did he do?” he said. “He’s beloved and respected. He’s a very soft-spoken, nice man.”
Previous Valley Indy stories on this issue:
Derby finance director resigns, city officials say
Someone is not telling the truth in Derby
Derby Aldermen reject ‘resignation,’ City Hall brings in handwriting expert
Update: Derby mayor vetoes Aldermen vote
