Thursday, February 6, 2014

Fight the Fitzgerald lawsuit for the kids

FITZGERALD

One definition of justice, as defined by Webster is: “the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments.”
Not so in the City of Troy.
The Council is poised to approve a settlement to satisfy a lawsuit brought by Police Benevolent Association President Bob Fitzgerald for $85,000 – with insurance covering $75,000 - without even addressing the merits of the more than 6-year-old case. And this comes after it already spent $140,000 on an attorney, Tom O’Connor, to defend the case. 
Basically, the city put Fitzgerald on paid administrative leave for a tiff he had with another officer, Steve Seney, which included threats of violence. Then Mayor Harry Tutunjian understandably took exception and took action against Fitzgerald by putting him on paid administrative leave. The former mayor was included in the suit along with now Police Chief John Tedesco.
ROSAMILIA
Tutunjian and Tedesco claim they did nothing wrong, Mayor Lou Rosamilia, according to reports and a draft press release, said he would have done the same thing as Tutunjian if it transpired under his watch. Up until a month ago, Rosamilia and the city were ready to take the case to court. But, at a special Law Committee meeting, Corporation Counsel Ian Silverman said the city could be on the hook for $250,000 should the city lose at trial. Better to cut our loses, the attorney advised, and be done with it for a measly $10,000.
Be that as it may, what kind of precedent is it going to set? If a Department of Public Works guy gets suspended for having a few beers at lunch, can he sue for mental anguish? If a City Hall employee is suspended for looking at porn at his desk, can he sue for sexual discrimination? If a police officer is suspended for excessive force, can he sue for being issued a nightstick?
Fitzgerald didn't lose any pay over the incident, he was disciplined by his boss. He could have filed a grievance with the Public Employee Relations Board like he has hundreds of times before when he had a beef with the administration but he instead chose to file a lawsuit in federal court.
I don’t know what exactly transpired between Seney and Fitzgerald but at the time I seem to remember there was something to do with residency requirements and how it relates to promotions, threats of machine gun fire and tales of infidelity, conspiracy, personal animosity and revenge as well as other nonsensical, immature accusations.
For that the city has to pay $10,000 – plus six years’ worth of attorney fees.

Part of the deal is the city will not admit any wrongdoing on anyone’s behalf, however I don’t think that matters miuch. Settling is, in and of itself, an admission of guilt and most people won’t notice any language that doesn’t begin with a dollar sign.
Fitzgerald, who said he is retiring by year’s end, said he won’t see a dime of the money. Rather, it will go to the PBA to pay its attorney, Mark Walsh for bringing the lawsuit. I don’t see that as relevant because it’s still taxpayer money going to pay an attorney for a lawsuit brought by a guy who sued the city. In other words, the city is bailing out Fitzgerald’s debt to the union he represents because if the city doesn’t make Walsh whole, who will? Yes, you are right, the members. And something tells me they won’t be happy about that.
And even if the city can get out from under this six-year debacle for relatively small amount of money, there is such a thing as right and wrong and sometimes you can’t put a price on that. It’s a gamble, sure, but one the administration and Council should take because it’s the right thing to do. If it caves and settles because it “costs too much,” what kind of message is it sending the kids.  


19 comments:

  1. Please bring in the FEDS to investigate this administration before there is nothing left to the city.

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  2. Jim, you can talk abstractions all you want, but when the city and individual defendants are facing potential six-figure uninsured liability, real life practicality comes into play.

    In these types of civil rights cases, even if the plaintiff recovers only $1 at trial, the defendants are automatically liable for ALL plaintiff's attorneys fees. At this point, that's well over six figures. So it really isn't about worrying whether Fitzgerald would get a substantial or even modest verdict; the concern is whether a jury would award him any verdict at all. A verdict in any amount, no matter how miniscule, will trigger liability for all those attorneys fees under the law.

    The city is insured, and the insurance company calls most of the settlement shots because they're initially on the hook for damages, as well as the defense attorney fees. The insurance company wanted to settle for the attorney-fee risk reasons described above. It was a strict business decision. If the city and the individual defendants disgreed on principle and refused to settle anyway (as you seem to suggest they should have), the insurer could then bow out. The city and the individual defendants would then be *personally* responsible for any verdict, including plaintiff attorney's fees, and half of the defense attorney fees. That's a lot of money, Jim. Would you want to roll the dice? I doubt it. I think you'd want to protect yourself and your family like Harry and John did. It has NOTHING to do with believing this lawsuit has merit. The administration has been very clear about that.

    Let's just imagine if Lou had rejected the settlement and Fitzgerald had gone on to receive a verdict for $5,000. That's $5,000 plus probably $200K in plaintiff's atty fees, plus some defense costs... ALL borne by the city taxpayers, because Lou didn't agree to the insurance company's demand to settle. You'd be posting a scathing criticism of Lou for putting the citizens at such risk. And you'd be right.

    Lou did the right thing to protect Troy from a lawsuit he believed was completely frivolous but still exposed the taxpayers to uninsured liability. Harry and John acted wisely to protect themselves from the same possibility. No one believes Harry and John did anything wrong. It's unfortunate it had to be settled, but it was financially necessary.

    As you point out, the plaintiff didn't lose any money over the incident at issue in the lawsuit. But he made sure the city of Troy did. Perhaps you should consider focusing your criticism in a different direction.




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    1. So according to you the city should just pay any unethical scam artist to protect the taxpayers? Doesn't the city employ lawyers for that purpose?

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    2. Stellar reading comprehension. Are you a product of the Troy public schools?

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    3. Yes I am and I also comprehend your love and admiration for Lou. So again, I comprehend you're stance in order to protect the taxpayers we should settle bogus lawsuits? I also comprehend in life there is good and bad in all professions, bad cops, bad lawyers and even bad mayors. Do you comprehend?

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  3. Sounds like the person who wrote the long narrative lives outside of Troy.

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  4. Best part is he's got a nice nest egg to retire with. What a bunch of crap

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  5. Major Harry caused all the lawsuits. Harry rewards Police Bruitality & order up Selective Code Eforrcment. We must continue to attack HArry to create distraction.

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  6. Speaking of insurance backing out of defending, what is going on with the ongoing HIPAA violations investigation at the jail? How many YEARS has that investigation continued to drag on? The insurance company has backed out of those suits and left the county (taxpayers) to defend. How many lawsuits won't be defended by the insurance company and leave taxpayers, TROY taxpayers on the hook for that mess? I realize its not a good idea to bite the hand that feeds you Jim and the Sheriff is RC GOP, but don't ya think you might get a few hits on a blog about that? Just a thought. Investigating himself since September of 2012. No conclusion. And no questions from an inquiring mind like yours? For shame.

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  7. Wow even the mayor turning on Fitz. How things have changed in a year, eh Fitzy? Time to scurry down south.... ahead of the investigation

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  8. Between Fitzy and the bogus lawsuit, the union losing 100's of thousands in lawyer fees (their dues), bad press on cops and Fitzy's endorsement of councilman Doherty and president Wiltshire. Oh, and a new 2 year contract, covering 4 years. How am I doing?

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  9. Yeah Jim, report on the big dummy at the jail. The big dummy at the jail has lawsuits and investigations going on. He;s a big dummy.
    He's such a big dummy he BEAT the big dummy who keeps whining about the big dummy.
    Big dummy garbage can.

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    1. The guy at the jail is no dummy, but he is playing every taxpayer in the county for one. Keep quiet about the investigation, maybe it will go away - but the lawsuits aren't going to and it is a FACT that the insurance company has refused to back the big dummy in the lawsuit. The county taxpayers are on the hook for the big dummy who swept the investigation under the rug and released tapes of guys swearing. Cause everyone knows that swearing is far worse than snooping through employees medical records for your benefit. And swearing isn't a felony. But illegally accessing medical records is. Maybe Jim can verify or dispute the insurance company backing out of the lawsuits, I am sure he knows.

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    2. I'm not sure, but I think whenever Gary Gordon complains about the "dummy", he signs his name to it you big coward!

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    3. Says the dummy commenting anonymously. E.A.D.

      Signed,
      Tony P

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    4. Dad I told you shut up I'm not hire yet

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  10. New Mayor pays off Public Brevanolant Agent to echange for election vote! 85 thousand for man who get paid is only in Troy politicial! Major HArry will fight this!

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  11. Mayor Lou can't distance himself from Fitzgerald fast enough. He finally realized what a mistake it was to align himself with Fitz, the Felon, Nina, and the Missing Magnetto. The disgraceful bunch, gone and soon forgotten.

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