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McNally Versus Montville Heads to Arbitration

Once close to a deal, the parties are headed to arbitration now.

 

A few weeks ago the town and Tom McNally were close to a deal.

Not anymore.

Following an all-day mediation late last fall, the two parties were close to an agreement but according to McNally’s attorney Jacques J. Parenteau, the case has moved backward, from mediation and an almost-deal back to arbitration.

“Unfortunately, we could not reach final agreement on the terms of the settlement and so the Town has asked that the matter proceed to arbitration,” Parenteau said.

McNally, the now former Water Pollution Control Authority assistant superintendent claims he was fired from his post in retaliation for political associations. 

McNally deferred comment to his attorney.

Parenteau said the November mediation, presided over by former Judge James Stapleton also included attorneys for the town, town officials and Water Pollution Control Authority administrators in an attempt come to some agreement in the lawsuit McNally brought against the town for his firing last June.

Parenteau alleges his clients’ Constitutional rights “to political association” were violated by the defendants who he alleges “falsely claim(ed) that Thomas McNally engaged in acts that constituted just cause to terminate his employment…”

The lawsuit names the town, Mayor Ronald K. McDaniel Jr., WPCA chair Timothy May, WPCA administrator Brian Lynch, plant superintendent Michael Didato and employee John Lilly as defendants alleging they “…manufactured claims, gave false statements, conducted and condoned a biased and flawed investigation, defamed, and retaliated against (McNally) because of his status as Chair of the Town of Montville’s Republican Party in order to deprive him of his employment with the Town.”

McNally claims he has suffered damages in the form of lost wages and benefits, harm to his reputation, loss of enjoyment of life and emotional distress as will be determined by the jury.”

Read more about his firing and reaction here. 

Jennifer January 08, 2013 at 07:18 PM
Good for Tom he will get a lot of money once the arbitrator here what really happened. Best of luck Tom!
Jack G January 08, 2013 at 08:11 PM
This is very interesting especially in light of what the mayor did with the lieutenant of the pd or should I say what he didn't do.
Jim January 08, 2013 at 09:40 PM
Simple, cheap fix - give him his job back. End of story!
Ben kovaselski January 08, 2013 at 09:46 PM
From what I have read about this situation, the mayor has made a grave mistake thus putting the town in line for another costly law suit. I respectfully request mayor McDainel to reevaluate this situation and consider ending this in the most expedient manor possible. Try to do what is right and have some dignity and professionalism in the office you were elected to. If you are incapable of doing that please resign your position effective immediately.
Dana McFee January 08, 2013 at 10:39 PM
If it were up to me, I'd offer him his job back, pay him for the time he has been off minus any unemployment compensation and minus two weeks pay (mirroring Lt. Bunnells disiplinary action) and put this ugly situation behind us once and for all. Of course that would be the smart and simple solution.
Brenda Trazs January 08, 2013 at 11:46 PM
Dana the current mayor is not capable of making a decision and surley not a smart one. I agree with Ben that the mayor should resign ASAP!
Carol Benjamin January 09, 2013 at 02:24 AM
How does the mayor sleep at night? Firing should be a last resort. This is stupid. Give the man his job back and stop the stupidity.
Linda Patterson January 09, 2013 at 12:31 PM
Yet another reason why we need a professional town manager and not the guy on the bar stool next to you.
Jared Stevens January 09, 2013 at 01:00 PM
I keep asking myself how in the world did the mayor fire this guy and only give Bunnell 2 weeks off. After all Bunnell wrongly used a state police computer 38 times yes 38 ... Times. Any other officer would have been fired on the spot. Very sad day in Montville.

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