Town Loses Lawsuit Against Former Mayoral Assistant; Appeal is Filed

Former Stratford Mayor Jim Miron is claiming victory in the aftermath of a March 15 court decision in the lawsuit the town brought against former mayoral assistant Eric Castater relative to his "cash out" when he separated service from the town after the 2009 election.

However, Town Attorney Tim Bishop confirmed Tuesday that the town has appealed the decision in a case that could have ramifications for several related cases the town has pending in Bridgeport Superior Court against John Norko, Ned Winterbottom and Devron Wilson.

[See PDF attached to this story for the full court ruling.]

Miron said Monday, "As I had repeatedly stated, the 'cash out' process used for separating town employees who were mayoral appointees was legal and proper and substantially the same process every other employee leaving town service uses. 

"I am glad that Eric Castater, who was a dedicated employee of the town was vindicated by the court."

However, Attorney Bishop saw it another way.

Attorney Michael Shawn Casey, representing the Town, "confirmed today that he filed the appeal on Friday," Bishop told Stratford Patch by email Tuesday. "The outcome of the case on appeal is important.  It really goes to what power the Mayor has and whether or not a contract is a contract. 

"The judge essentially held that the Mayor has the power to pay people for days they didn’t work, credit them for holidays that occurred before they were hired and pay people for  various incentives that they didn’t earn when the budget did not contemplate any such payments. 

"These payments were all in direct violation of the written contract between the Town and the employees.  The Town and the employees both have the right to enforce these contracts, but under the holding, the Mayor has the right to change the contracts without seeking funding of the changes from the Council.   

"I think the more appropriate outcome is to follow the contracts which reflect the expectation of the parties and the peoples’ representatives on the council who voted to fund them," Bishop said.  "We expect the Court on appeal to view it the same way."

Miron was equally confident his side will ultimately prevail. "Mayor John Harkins needlessly used Mr. Castater as a pawn in his post election 'scorch and burn' tactics against me and my administration. 

"Mayor Harkin's personal attacks and defamatory comments against Mr. Castater demonstrate a lack of leadership and petty vindictiveness that belies his carefully crafted public persona.   

"I would hope that with this decision by the court, after a a full trial, Mayor Harkins would conclude that the court system is not the proper forum for his political posturing.

"Furthermore, given another Harkin's tax increase, more employee layoffs and drastic service reductions for the second consecutive year, and at the same time as increasing the budget and the power of his attorneys -- I would personally implore Mayor Harkins to stop wasting taxpayer money on frivolous and political lawsuits and appeals."