CITY OF HARTFORD

INTERDEPARTMENTAL MEMORANDUM
Date: To: From: Telephone: Subject: April 12, 2013 Distribution H. Patrick Campbell, Chief Auditor 860.757.9951 Special Review Relating to Rehiring City of Hartford Retirees

HPC

It was brought to our attention that the City of Hartford may be in violation of the Municipal Code, Part II, Chapter 2 - Administration, Article VI. Human Resources, Merit Selection and Civil Service, Division 6. Hiring and Promotion, Sec. 2-370. Method of Filling Vacancies. (D) Retired Employees. According to this section of the Municipal Code, Retired Classified or Unclassified Employees of the City shall only be eligible to return to City employment in a temporary classified or unclassified position for a maximum of six (6) months in a fiscal year. We were informed that the following individuals currently working for the City may be in violation of this section of the Municipal Code. Employee Name Saundra Kee Borges James Rovella Andrew Jaffee Linda Bayer Betty Szubinski Pension Date 10/12/2003 9/8/2001 5/2/2010 7/1/2000 9/12/2003 Rehire Date 7/18/2010 9/9/2012 6/1/2010 8/17/2010 8/5/2010

In each of the instances noted above, the individuals retired from the City, were subsequently rehired and have worked more than six months in the fiscal year. Based on our very strict interpretation of this section of the Municipal Code and review to date it would appear that these employees are currently working under conditions that are in violation of the Municipal Code. We also reviewed the above with L. John Van Norden, the City Deputy Corporation Counsel, for his input and feedback on this matter. Initially, Mr. Van Norden informed us that unless there is some overriding statute, legislation or other basis for the situations noted, it would appear that these individuals are working under conditions that are in violation of the terms and conditions of Municipal Code noted above. In a subsequent,

2 Unofficial Opinion on this matter, Mr. Van Norden provided various possible reasons and/or justifications as to why the hiring of a number of these employees may not be considered in violation of the Municipal Code due to the Mayors powers as granted by the City of Hartford Charter or the vetting, appointing and approval processes for these employees. It is our understanding that Mr. Van Norden is in the process of writing and will be issuing a formal opinion on this matter in next day or so. The Internal Audit Department does not internally have the legal expertise, or the financial ability, to procure outside legal services, to verify or validate the propriety of Mr. Van Nordens arguments and opinions. That being said, since at least one of the retirees listed herein is employed in the Office of the Corporation Counsel, and to avoid any appearance of conflict, we recommend that the Court of Common Council consider utilizing outside legal counsel to address any other questions or concerns they have with this matter and the representations made by the Corporation Counsel in its formal opinion once it is issued. Further, we recommend that the Corporation Counsel and the Court of Common Council get together and mutually agree on an independent counsel selected by both parties together to render an independent opinion that would be binding upon all parties. Also of note, we were informed by the Corporation Counsels Office that while a request was made to review the legislation in question for form and legality, there is no evidence that it was actually reviewed or endorsed as to form and legality by the Corporation Counsels Office. Ultimately, if it is found that there is no legal basis for exempting these individuals from the previously noted terms and conditions of the Municipal Code, then appropriate action should be taken to address this matter. This would include either enforcing the terms and conditions of the Municipal Code as stated or taking other appropriate action including, but not limited to, making required changes to the Municipal Code to allow for these and any other agreed upon exceptions. In addition, action should be taken to identify and address any other rehired City retirees not noted above that are deemed to be in violation of this section of the Municipal Code. Finally, procedures and controls should be developed and implemented to prevent this from occurring again in the future. If you have any questions regarding the above please let me know.

cc:

Internal Audit Commission Members City Council Members S. K. Borges, Chief Operating Officer P. Segarra, Mayor L. John Van Norden, Deputy Corporation Counsel