State, Feds Reviewing Discrimination Complaint From Former Dispatcher

By John Voket

A former Newtown emergency services dispatcher has filed complaints with state and federal authorities contending she was dismissed from her position because of her age, her disability, and because she is a woman. Lorribeth Pavone, who is and remains an active Newtown Ambulance Corps member, told The Bee in recent interviews that she believes she was unjustly fired from her dispatching job after the town’s director of emergency communications, Joseph DelBuono, compiled a file of disciplinary actions and incidents that did not accurately reflect the realities and events occurring in the town dispatch center.

In a June 4, 2005, termination letter signed by First Selectman Herb Rosenthal, it states that Ms Pavone, “failed to offer compelling evidence to prove charges issued [against her] were not factual or that there was a valid excuse for your failure to perform significant functions of your job.”

The letter goes on to say that Ms Pavone’s “prior disciplinary record includes numerous verbal and written warnings and suspensions regarding this very matter…” After a final warning issued by the town, the letter states that, “less than three weeks after this admonition, you again demonstrated that when emergency situations exist, you are incapable of maintaining a calm demeanor necessary to appropriately perform the responsibility of emergency dispatching.

“Your repeated shortcomings have caused a loss of confidence in you among the town’s emergency response personnel,” the letter continues. Ms Pavone was then informed of her dismissal effective June 7, 2005.

Contacted Wednesday, Mr Rosenthal declined to speak about the matter on the record except to acknowledge that Ms Pavone was released from her position based on a series of disciplinary complaints and actions dating back some time in her work history.

In documents obtained by the newspaper, and through freedom of information (FOI) inquiries, it was learned that the state Commission on Human Rights and Opportunities (CHRO) has opened an investigation into Ms Pavone’s allegations. A concurrent complaint made to the federal government specifically related to Ms Pavone’s dismissal based on a disability was received and transferred from the US Justice Department Civil Rights Division to the federal Equal Employment Opportunity Commission on June 27.

In a memo from a Justice Department representative, it is noted that Ms Pavone’s “complaint alleges actions that may constitute discrimination on the basis of disability by [her] former place of employment.”

On Monday August 8, Lena L. Ferguson, a legislative and regulations specialist for the Connecticut Commission on Human Rights and Opportunities, answered an FOI inquiry stating, “that Lorribeth Pavone has filed a complaint with the Commission on Human Rights and Opportunities against the Town of Newtown.”

The complaint, which the memo from Ms Ferguson states was filed on July 15, 2005, indicates “the issues of Ms Pavone’s complaint are discharge and terms and conditions on the bases of age, physical disability and sex.” The memo goes on to say that the complaint was served on the Town of Newtown, and the town has requested a 15-day extension to answer the complaint.

Ms Pavone told The Bee that while her employment file may reflect several issues of complaint on the part of Mr DelBuono or fellow dispatch center members that may or may not be factual, she believes her dismissal came after an investigation into dispatch personnel actions related to a motor vehicle collision on January 23, 2005, that resulted in a fatality.

A memorandum to Ms Pavone and another dispatcher from Mr DelBuono dated January 24 indicates an investigation was being initiated to determine why fire, police, and other emergency services personnel were sent to Wills Road and Route 25, when two 911 calls indicated an accident at “Exxon and Route 25, and Greenbriar and Route 25.”

The memo details a litany of other concerns regarding the incident, in which a vehicle was struck by a snowplow resulting in the death of the vehicle’s driver, the sole occupant, and demanded an accounting of actions by Ms Pavone and the other dispatcher involved.

A freedom of information request for audio transcripts of calls and dispatches on the incident filed by the newspaper Monday morning was received. And according to Mr Rosenthal, the audio file was being transcribed for subsequent delivery to The Bee. That audio file was not provided at press time Thursday morning.

In a May 19 letter to the US Equal Opportunities Employment Commission provided to the newspaper, Ms Pavone, who had formally been employed by the town for 21 years, alleges that she had been discriminated against in several ways. The letter states that “it has become the practice of the emergency telecommunications center to hire only young male persons to fill open positions even though several qualified and certified females have applied,” since Mr DelBuono was contracted to run the operation.

“And further, all female dispatchers in the town’s employ at the time Mr DelBuono was hired were forced into retirement, or resigned.” At the time of her termination, Ms Pavone states that she was the only female left working in the department.

That letter also acknowledges that Ms Pavone became disabled in a 1991 motorcycle accident, in which part of her right leg was amputated, and that in recent years her disability has caused her to miss work on several occasions. That letter goes onto say that overtime to other dispatch personnel incurred because of those absences, “contributed to the town (sic) current actions against me.”