Nov 21, 2007
A hearing to determine the employment future of Deputy Fire
Chief Joseph Benoit is underway and could potentially stretch
into the new year.
Over two days of testimony, Nov. 15 and 19, the town began to lay
out its case as to why First Selectman James Lash was justified
in dismissing Deputy Chief Benoit, a 20-year Greenwich Fire
Department veteran who also served as the department’s fire
marshal, in September. Deputy Chief Benoit, who is currently on
paid administrative leave, requested the hearing, as was his
right. Testimony was first presented last week before hearing
officer Michael Wittenberg, president of the Westchester
County-based Bargaining Associates.
Mr. Lash and several fire department members testified on the
initial two hearing dates as the town’s attorney, Saranne
Murray, attempted to make the case in support of Mr. Lash’s
decision. Deputy Chief Benoit, who is being represented by
Kathryn Emmett, has not yet begun presenting his side of the case
and will not do so until the hearing reconvenes next month.
The hearing is scheduled to resume at Town Hall at 10 a.m.
Monday, Dec. 3, ironically the first workday in office for Peter
Tesei, Mr. Lash’s successor as first selectman. Additional
hearing dates have been set for Dec. 17, Dec. 19 and Dec. 21. Mr.
Wittenberg said if more days were necessary, they would be
scheduled for after the first of the year.
Mr. Lash began his testimony Nov. 15 and spent more than six
hours detailing his reasons for recommending Deputy Chief
Benoit’s dismissal for performance reasons. He said that
Deputy Chief Benoit had not fulfilled the duties of his job
description, despite repeated calls for him to do so. Among the
criticisms were charges that Deputy Chief Benoit hadn’t
properly filed paperwork with the state fire marshal’s
office, had not properly inspected buildings as part of his GFD
duties and had not properly implemented projects within the fire
marshal’s office or asked for additional staffing for the
undermanned department.
A letter written on Oct. 23 from Mr. Lash to Deputy Chief Benoit
was made available as part of the testimony. In the letter, Mr.
Lash outlined the reasons for his decision and wrote that
“For at least the last three years, you have failed to
perform most of the duties set forth in that job description,
with the exception of responding to fire alarms and other
emergencies, remaining on call and doing some inspections. You
have not satisfactorily filled the management and supervisory
roles assigned to the position, including the planning, budgeting
and policy making functions. Nor have you done what is required
in the area of record keeping and reporting.”
Mr. Lash’s complaints seemed to be backed up by testimony
from fire department personnel, particularly James McDonald, who
is now acting fire marshal after Deputy Chief Benoit was placed
on leave. Fire Marshal McDonald recalled a time when plans for
The Stanwich Club, which he felt lacked information necessary for
approval, were submitted to him in the marshal’s office and
denied.
“Apparently the guy went back to his car and waited for a
little while until someone else came in,” Fire Marshal
McDonald said. “He came back in and submitted the same set
of plans without any of the corrections made and the fire marshal
signed them.”
Fire Marshal McDonald also testified that Deputy Chief Benoit had
once stopped him and another marshal from inspecting buildings on
Greenwich Avenue for fire code violations.
“He told us to stay off the avenue because he had better
things for us to do,” Fire Marshal McDonald said.
When Ms. Murray asked if they were given another assignment
instead, Fire Marshal McDonald said they were not.
Fire Marshal McDonald said when he assumed Deputy Chief
Benoit’s responsibilities, paperwork on each call the fire
deparment went out on hadn’t been filed with the state in
“years.” On cross examination, Ms. Emmett said Fire
Marshal McDonald was someone potentially in line for Deputy Chief
Benoit’s job if he was dismissed. Ms. Murray objected to the
questioning and it was sustained by Mr. Wittenberg. Ms. Emmett
said she had not meant to call into question Fire Marshal
McDonald’s reasons for testifying.
Ms. Murray asked Fire Marshal McDonald if he ever knew of any
times Deputy Chief Benoit had requested more staff for the
marshal’s office. Fire Marshal McDonald said he wasn’t
aware of any, but Ms. Emmett, on cross examination, pointed out
that didn’t mean a request hadn’t been made.
Fire Marshal McDonald further testified that the town’s fire
department had purchased a seismograph for use at construction
blasting sites but that Deputy Chief Benoit never had anyone
trained to use it and it had never been used. Fire Marshal
McDonald said it had been delivered in the spring, but Ms. Emmett
said in her questioning that it arrived in July and indicated
there had not been enough time to get training set before Mr.
Lash dismissed Deputy Chief Benoit.
Fire Inspector Christopher Doyle also testified and claimed
Deputy Chief Benoit had given approval to plans for a building on
Greenwich Avenue without it being up to fire code, something he
had to go back and do after Deputy Chief Benoit was placed on
leave.
When the hearing resumes, Ms. Murray said she is considering
calling three more witnesses.
Ms. Emmett told the Post she had no comment on the ongoing
hearing.
kborsuk@greenwich-post.com
© Copyright 2007 by Hersam Acorn Newspapers