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OFFICE OF THE MAYOR

David S. Cassetti
Mayor

Office: (203) 736-5900 Fax: (203) 734-3853 Email: dcassetti@ansoniact. org

March 11,2014
Mr. Peter Kelly 97 Woodbridge Avenue ext. Ansonia, CT 06401

Re:
Dear Mr. Kelly:

Termination of EmPloYment

On March 4,2014, a hearing was held in order to consider whether your employment with the City of Ansonia should be terminated. As you were advised in the Notice of Pre-termination Helring of March 3,2014, the hearing was scheduled based upon (i) your continued failure to demonstrate satisfaitory performance of the essential functions of your position of Director of inefficiency; and (iii) insubordination. You were notified that your Economic Developmeni; (ii) 'your Employment Agreement with the City of Ansonia ("Employment actions are in violation of Agreement") and the Ansonia Personnel Rules and Regulations (1979), Amended to September 14, 1983 ("Personnel Rules and Regulations")'

Also, in attendance at the hearing were the following individuals: Chris Tymniak, Chief Administrator; John P. Marini, Esq., Town Counsel; Attorney Lisa Grasso Egan of Berchem,
Moses & Deviin, P.C.; and your counsel, John Androski, Esq. Attorney Egan presented the matter you on behalf of the City. Shebegan by explaining that the purpose of the hearing was to afford

an opportunity to iespond to tne charges and that there was no pre-determined outcome. Flowever, Attorney Androski challenged the hearing procedure, and the parties engaged in a
substantial period of debate on this point.

Subsequently, after a caucus and discussion between the parties, he reported that the due process neaiing was waived. Therefore, you did not provide any information for me to consider. Thus, as reflecied below, my decision is based upon the information in the City's record'
Decision

you were hired as the City of Ansonia's Director of Economic Development in September 2013-. your background information reflected that you had not worked or resided in the Northeast, and in particula-r the Valley, for many years; indeed, if ever. Moreover, you had minimal experience in economic development. However, you were confident that you could overcome the many challenges facing Ansonia in its quest to attract and retain businesses.

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Mr. Peter Kelly March 10,2014 Page 2

Your Employment Agreement includes the Job Description for the position (Schedule A). lt contains a comprehensive set of duties and responsibilities. lncluded is the responsibility to "execute the City's PIan of Economic Developmenf." As you know, you were hired to implement
the City's existing Plan. This was specifically communicated to you by the Economic Development Commission and my Administration. Neither party has ever waivered in its commitment to the Plan.

However, in the face of clear directives to take steps to implement the Plan, you spent time referring to the City's Plan as "inadequate" and attempted to defeat it. ln fact, you requested $80,000'for a new plan. When advised that such an appropriation would not be forthcoming and that you were expected to implement the existing Plan, you responded with a clearly negative attitude, continually stating that the Plan would not work, rather than taking action toward implementing it.

As essential duty and responsibility of the Director is to "promote, plan, market and direct the busrness recruitment, retention and expansion for busrness development in the City of Ansonia" and to "identify community compatible busrness prospecfs." ln response to questions by John
Marini, Corporation Council, who sought to determine what you believed you needed to implement the Plan, you stated that "we need a cookbook" and a more specific "recipe" or "action plan" for economic development. Taken in its best light, your response indicated that you did not understand the steps to take to develop growth in local business and that your failure to perform may be due to incompetence. What is clear in any event is that your actions constitute insubordination. lt has been my express expectation from Day One of my Administration that diligent steps be taken in furtherance of implementing the existing Economic Development Plan, and your refusal to do so has hindered opportunities to achieve our objectives.

Similarly, you were tasked by the Economic Development Commission to put together a website of the City's businesses. You responded that you were capable of doing that. To date, however, the website has not been successfully developed. The website currently online was designed and published approximately one year prior to your commencement as Economic Development Director and has only undergone nominal,. if any changes, since you began work on the assignment. Unfortunately, given that the website is not finished, the City remains without a powerful tool to reach businesses and market its vacant properties through contacts on this website. Your counsel stated that an individual had recently contacted you with some necessary information regarding the website. He did not provide details; however, it is clear that you gave insufficient attention and effort to this project. Again, while at first blush your lack of progress would appear to be based on incompetence, I must conclude that it was due to insubordination given that a website is not "regional" in nature and the task was focused on information gathering. You stated that this was within your ability. The project was one reasonably within the functions to "promote, plan, market and direct the business recruitment, retention and expansion for busrness development" as well as related to other functions in the Job Description. Similarly, when requested to handle other initiatives such as to prepare a letter calculating the amount of tax incentives to assist a company, which was moving its offices to Ansonia, you were unable to independently complete the assignment. You demonstrated a lack of knowledge and experience in this area, and did not demonstrate competence with the parties involved. This assignment was one in furtherance of working to recruit new business, which is a responsibility within the Job Description.

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Mr. Peter Kelly March 10,2014 Page 3 Additionally, you were requested by members of the Economic Development Commission and by Chris Tymniak to write and present a monthly "Director's Report" at the Commissiont meetings detailing your activities as Director io-date. You were not able to complete this task until th^e February meeting of the Commission, despite having held the position of Director since September 2013. Further, you were unable to complete t6is basic assignment without substantial assisiance from Chris Tymniak, who spent approximately 30 minutes with you to coauthor your report

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You were also instructgd by Chris Tymniak to create a "community profile" for use in a marketing brochure. You advised that you were not familiarwith the concept'of a "town profile,'and agaii could not complete your assignment without assistance from Mr. Tymniak.

Further, Chris Tymniak advised you that your attitude is demonstrably negative, and he has witnessed it. I have personally expressed my expectation that yo, *ould to employ a positive attitude as you continue to work with City staff and the "ni""uor. Economic Develoir6ni Commission. Specifically, you advised me that certain businesses would tit<ety nave no interest in moving their operations to the City of Ansonia, only to be proved wrong by subsequent events. Your negativity is also demonstrated in your faihire io speak with local blusinesses and property owners despite being advised by members of the Economic Development Commission to cultivate positive relationships with members of the local business community.

The Director of Economic.Development is a spokesperson for a City. you are essentially the individual who must.have the spirit and "can d'o" positive attitude tnit citizens, as well as both potential visitors and business owners, can connect with. As stated above, such negativity is unacceptable and cannot be tolerated as it is an impediment rather than a step in the direction of increasing business growth. As reflected in the Job Description, you *"t" to, among other things, work with existing businesses to retain their presence in Ansonia "ip""ted and assist with expansion plans, engage in various activities and meetings that are community oriented and closely work with local businesses. This has not been acco-mplished.
ln sum, you have not demonstrated an abilityto perform the essentialfunctions of the position at an acceptable level after this substantial period of time. You have failed to establish critical

relationships with staff in order to fully undeistand the nature of Ansonia's Economic Development Plan and ensure that you are able to work with them in a positive manner. Your actions violate your Employment Agreement, Section 3 (e) Just cause foi 1i; raiture to perform duties pursuant to the Job Description and (iii) lnsubordination; and the Ansonia personnet Rules and Regulations, section 8.1, Nos.5 (lnefficiency) and 9 (lnsubordination).

Based upon the foregoing, your employment is hereby terminated effective at the close of business on March 11,2013. Please contact Chris Tymniak to schedule a meeting for the -on purpose of reviewing the benefits to which you are entitled. You shall remain paid administrative leave until such time.
Very truly yours,

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