Benoit fate on hold

By Martin B. Cassidy
Staff Writer

January 21, 2008, 12:00 AM EST

Two months after halting termination hearings for suspended Fire Marshal Joseph Benoit without explanation, elected officials are mum on when the town will resume efforts to fire the 34-year fire department veteran.

First Selectman Peter Tesei said town lawyers gave the Board of Selectmen a confidential update on the case this month but would not say when the suspended proceedings might continue.

Republican Selectman Peter Crumbine and Democratic Selectwoman Lin Lavery declined to comment and referred questions to Tesei.

"I really can't say much about it," Tesei said. "Just stay tuned."

Benoit, a fire marshal since 1984, has remained on paid administrative leave since September, when former First Selectman Jim Lash suspended him after what Lash considered two consecutive unsatisfactory annual reviews.

State law in Connecticut entitled Benoit to a special public hearing process which started in November with Lash, fire inspectors, and others offering testimony on behalf of the town that was meant to detail Benoit's shortcomings as a leader.

Among other complaints, Lash testified that Benoit regularly ignored required building inspections and waffled on important fire protection initiatives he was assigned to oversee. Lash said the town was cited twice by the Office of the State Fire Marshal because Benoit failed to file fire reports.

Benoit said in September that Lash was blaming him for slow progress on projects which he was not solely responsible for. His attorney, Kathryn Emmett, has said charges of her client's poor performance are unfounded. She has declined to comment on the case since mid-December.

The town-appointed hearing officer who presided over those hearings, Michael W. Wittenberg, who is based in Pleasantville, N.Y., said the town canceled the hearings due to scheduling conflicts and has yet to reschedule them.

Fire Chief Peter Siecienski said the unresolved issue of Benoit's status has not negatively affected the department.

"We do have an acting fire marshal and the purpose of having an acting fire marshal is not only to maintain the status quo but to assure the office moves forward in a progressive manner," Siecienski said. "So the length of time it is taking to resolve the situation has not diminished the effectiveness of that office."

Before Lash left office in early December, he said the cancelled hearings would be rescheduled.

"The reasons I had for recommending his dismissal have not changed and the Fire Marshal's office is one of the most important jobs in town government and needs to be filled with someone who engages actively in the work of that office everyday," Lash said.

Lash said some further action is required in the situation because Benoit continues to be suspended while earning his full salary.

In the 2006-2007 fiscal year, Benoit earned a salary of $114,838.

"Keep in mind something has to happen because he's not working but he's still getting paid," Lash said.