Newtown’s Dog And Pony Show

To the Editor:

If the town had spent as much time reviewing Carolee’s job performance by correcting mistakes she was making in the paperwork, explaining what animals she is allowed to impound, the pertinent town and state regulations, etc, it would have been a lot cheaper and more productive than what occurred at all 11 hours of hearings. She would be able to do her job by the book and more effectively with the proper guidance and training before it came to the firing in haste.

Why were the complaints against Carolee not considered hearsay since the people lodging those complaints failed to testify under oath as to the truth of their statements? Both Amy Andras and Adria Henderson felt so strongly about public safety to file complaints but did not have the guts to show up and testify about the truth of their statements.

Since the first selectman is supposedly the animal control officer’s ultimate boss, then he is responsible for her job performance. Where was all managerial and supervisory expertise by all the people charged with proper performance of her duties when alleged job deficiencies first came to their attention? At will employment is a doctrine of American law that defines an employment relationship. Any hiring is presumed to be at will whereby the employer is free to discharge individuals for good cause, or bad cause, or no cause at all, and the employee is equally free to quit, strike, or otherwise cease work. There are several exceptions, however, to this doctrine whereby employees can gain some protection against being fired (or how they are fired) by statements made in an employee handbook. Even if there is a clear and prominent disclaimer in the book which was read, understood, signed and dated by the employee, employee handbooks can create an implied contract. There are common law protections for at will employees, whereby they can sue for wrongful termination when the procedures outlined in an employee handbook are not followed — even though the employee has no underlying right to continued employment. Where an employee handbook outlines a disciplinary process that must precede termination, the failure to follow that process may support a wrongful termination suit.

Mr Murray brought to everyone’s attention the fact that the town’s employee handbook had specific procedures to follow for termination of any employee that were not followed. If the town truly doesn’t want obligations to employees then there should be no formal handbook. There are implied covenants of good faith and fair dealing in association with the termination of an employee. In my opinion, the town should have to honor that or go to court.

Change the job title to “Dog Control Officer” because due to town ordinances and state regulations only dogs can be attended to. For all other animals, contact the Department of Environmental Protection, Wildlife Division or the police. I wonder how long their response will take?

Lee Field

10 Serenity Lane, Sandy Hook                                       June 17, 2009