Retired clerk’s $60,000 severance sparks council inquiry and debate

Councilor Tim Sweeney wanted more time to research large payout to the former Bristol town clerk

By Scott Pickering
Posted 1/7/21

Retired Town Clerk Louis Cirillo received his nearly $61,000 severance payment from the Town of Bristol, but not before his former colleagues in town leadership held a revealing and at times …

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Retired clerk’s $60,000 severance sparks council inquiry and debate

Councilor Tim Sweeney wanted more time to research large payout to the former Bristol town clerk

Posted

Retired Town Clerk Louis Cirillo received his nearly $61,000 severance payment from the Town of Bristol, but not before his former colleagues in town leadership held a revealing and at times contentious discussion about cutting a check for such a hefty sum to an elected official.

The issue of the longtime clerk’s severance payment upon retirement came to light a couple of weeks ago, when the Bristol Town Council chairman asked the town’s attorney to write an opinion on the matter. Nathan Calouro saw Mr. Cirillo’s request for nearly 24 weeks of unused sick time, 10 weeks of unused vacation time, as well as six months of longevity pay — adding up to about $60,800 to be paid in one lump sum — and wanted to be sure the town was correctly issuing the severance.

Town Solicitor Michael Ursillo wrote a detailed memo explaining why Mr. Cirillo should be paid the money, as it has been the Town of Bristol’s longstanding practice to provide compensation and benefits to the town clerk, though an elected position, at the same levels as its hired non-union employees, such as the police chief, fire chief, public works director, etc.

Mr. Ursillo’s memo was added as the last item on the town council’s “consent agenda” for its Dec. 30 meeting. Consent agenda items are typically received and filed by the council without discussion, but Councilor Tim Sweeney asked to set this memo aside for public discussion.

During a lengthy dialogue at the very end of last Wednesday night’s meeting, Mr. Sweeney asked that the town withhold the severance payment until he, and presumably others, had time to review the documentation. He repeatedly told his colleagues that his inquiry was in no way a reflection on his opinions of Mr. Cirillo or his work for the town, it was an effort at due diligence on behalf of taxpayers.

“I just want to make sure that we have all the supporting documentation — like anything we do — so that we can make the most informed decision, to say this [severance payment] is valid,” Mr. Sweeney said.

Town Treasurer Julie Goucher spoke several times to assure Mr. Sweeney that she has documentation to back up all of the severance claims, including records of time worked, in the town’s payroll and Human Resources platform with ADP. She urged councilors to approve the payment: “I would really hope that the council would vote tonight to release that payment to him,” Ms. Goucher said. “As employees leave the town, the typical process is that the following pay period is when the severance is paid out, and the town clerk was never told that was not going to take place.”

Ms. Goucher went on to worry that if they delay the payment, the town could be in violation of labor laws, which require severance payments to be made within a certain timeframe.

“If we’re putting off Louis’ severance payment, I want to make sure that we’re covered under the Fair Labor Standards Act. I know that there are issues with how long you can wait to pay out a severance check. I don’t know if there’s an exemption for an elected official, but I’m a little bit concerned about holding back that check,” Ms. Goucher said.

Mr. Ursillo jumped in to reiterate that point. “We’re sort of between a rock and hard place this evening. My recommendation is to rely on what Julie has publicly stated, that the documentation exists, and to allow her to pay out the funds,” the solicitor said. “My concern is that the check probably should have gone out on Dec. 23.”

Ms. Goucher also revealed that the town always has a dedicated line in its budget for severance payouts, and it currently has about $150,000 in it.

Not the first big severance

As the discussion continued, town leaders made several revealing statements about what the town has done in the past.

Mr. Ursillo said, “In fact, this has happened with other individuals who held this position. I credit Nathan (Calouro) for bringing this discussion up with me to say, ‘Hey, shouldn’t we be doing this in public?’ ”

He later added, “I applaud Nathan for bringing this to the forefront, because it’s truly where it belongs. But if it weren’t for Nathan doing this, this would have simply happened, because, again, it’s already in the budget, and it’s the way it’s been done in the past.

“But it probably shouldn’t have been done that way in the past … You never knew when former clerks have left office; you had no idea when former administrators left office. You had no idea. So it’s an extremely positive thing that it’s here in front of the council, that you’re having this discussion.”

Watch the council discussion here (begins at 2:39:39)

From the outset of Mr. Sweeney’s inquiry, it seemed clear that Councilors Calouro, Mary Parella and Antonio “Tony” Teixeira were ready to approve the severance payment, particularly in light of Mr. Ursillo’s numerous recommendations that they do so.

As the discussion continued, Mr. Teixeira became agitated with Mr. Sweeney’s insistence on investigating it further. “I am very surprised,” he said in comments directed to Mr. Sweeney. “I really am. This information was in our packet. Julie (Goucher) was available. And by the way, this is not uncommon. If you think this is a great amount, let me tell you, look at the past records. I know that some folks walked away with a much larger check, and it was never public record.”

Mr. Sweeney responded to Mr. Teixeira’s comments by saying he took actions before the meeting, contacting both the town solicitor and finance director, to request more documentation, and he’s only requesting more time to review it. He reiterated: “This has nothing to do with the person in the position. I just want to make sure I’m dotting my i’s and crossing my t’s … This is something new for me, with a payout to an elected official, so I just want to make sure I’m doing my due diligence.”

Town administrator frustrated

The council chairman was ready to call the issue to a vote when Town Administrator Steven Contente interjected to make it clear that Mr. Sweeney’s comments had frustrated him.

“I’m sorry, I just have to say my piece here,” Mr. Contente said. “Councilman Sweeney, this agenda went out on Wednesday, a week ago. The clerk provided it to you. And I just find it very hard to believe that the finance director didn’t provide you with documents you were requesting. I just find it very hard to believe, Councilman Sweeney, and I think this is a horrendous way to treat a person …”

Mr. Sweeney interrupted to say, “This has nothing to do with the town clerk, Mr. Administrator. I made this very clear. I am just asking for the supporting documentation, and I have a right to the supporting documentation. I’m really alarmed that you’re coming in and you’re saying that you’re angry at me. We just passed a holiday. This was on the Consent Agenda. It was the last item on the Consent Agenda. I have called the town solicitor, and I’ve worked with Julie (Goucher).

I’m a little alarmed that you’re coming at me because I want to do my due diligence.”

Mr. Sweney later said, “I’m sorry I’m making you all frustrated here, but I’m just looking out for the taxpayers.”

Council votes to approve

The discussion between Mr. Sweeney and Mr. Contente was beginning to escalate when Mr. Calouro stepped in and cut it short. He called the issue to a vote.

The council first voted on Mr. Sweeney’s motion to withhold the severance payment until they had more time to investigate. It failed 1-4, with Mr. Sweeney the only councilor voting in favor.

The council then voted 4-1 to approve the severance payment, with Mr. Sweeney voting in the minority. The same motion included the council’s commitment that it will spend more time of the issue of compensation and benefits for elected town leaders, with an eye toward making these benefits clearly defined in either town code or the town charter, which they are not currently. The meeting adjourned about a minute later.

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