Elected officials in Newington were so eager to be rid of former Town Manager John Salomone that they offered him tens of thousands of dollars of other people’s money to get him to leave.
But they also didn’t want everyone in town to know the details of the whole messy affair, so they did what politicians too often do: They added a confidentiality clause to the severance deal, and then said they were barred from releasing a copy of the signed agreement.
There are two things wrong with this approach. One, it’s generally bad public policy to keep people in the dark when you’re spending their money. And two, in Connecticut anyway, it’s illegal.
Or more particularly: Politicians in Connecticut can draft confidentiality clauses all they want; they just can’t keep them confidential.
That’s been the law of the land here for nearly a decade, but it’s a statute public officials sometimes have trouble remembering. So as a public service, The Scoop offers the following refresher: Connecticut General Statutes 1-214a – appropriately titled “Disclosure of public agency termination, suspension or separation agreement containing confidentiality provision” – specifically mandates just that: the disclosure of public employee separation agreements, notwithstanding a confidentiality clause. Under the law, any termination agreement between a public agency and and an employee “that contains a confidentiality provision that prohibits or restricts such public agency from disclosing the existence of the agreement or the cause or causes for such termination … shall be subject to public disclosure.”
So when the Courant’s Christopher Hoffman asked for a copy of the severance agreement earlier this month after the Newington Town Council approved it 8-0, he should have promptly received a copy. Instead, according to Hoffman’s story, Mayor Roy Zartarian “said that the town had negotiated a severance package with Salomone but declined to reveal its contents, saying both parties had agreed to keep it confidential.”
That’s not what the statutes allow. And to Zartarian’s partial credit, when advised of his obligations under the law, he did ultimately provide a copy of the agreement, while continuing – as he is at least legally entitled to do – to refuse to talk about the town’s actions.
So town residents are still partly in the dark about why their public servants doled out tens of thousands of dollars to the outgoing Town Manager, but at least they now know that’s where their money went. And through Hoffman’s diligence, they now know the extraordinary effort all parties took to assure that the whole messy affair would stay as much in the shadows as possible.
The signed deal, for example, assures that Salomone won’t share any thoughts he might have about whether the public is being ill-served by the town. The agreement bars Salomone from disparaging or criticizing the town and specifically prohibits him from saying anything to the press about his departure “other that what is agreed to by the town.”
Likewise, town officials agreed not to speak openly and honestly with anyone about their opinion of Salomone’s professional abilities or personality, and further barred every Newington town employee from saying anything negative or critical to a potential future employer of Salomone’s. That means, presumably, that no one had anything bad to say about Salomone to representatives of the city of Norwich, which just hired Salomone as their new city manager.
Under the separation deal, Newington officials agreed to give Salomone seven months’ pay while he isn’t working for the town. That’s a month longer than he’s entitled to under a provision in his contract that gives him six month’s salary if the town votes to terminate him. City officials won’t say why they gave him the extra month’s pay – about $12,000 of taxpayer’s money.
“This is a personnel matter and as such, I can make no statement on the issue,” Zartarian told the Courant. In fact, there is nothing in Connecticut law that bars public officials from making statements on personnel matters, and the only thing forcing Zartarian to keep mum is the agreement he chose to sign.