Legg v. Dellavolpe

• Citation: 228 F.Supp.2d 51
• Decision Date: 23 May 2002
• Docket Number: No. CIV.3:00CV1495 (JBA).,CIV.3:00CV1495 (JBA).
• Parties: Richard LEGG, Plaintiff, v. Mayor James T. DELLAVOLPE, And the City of Ansonia Defendants.
• Court: U.S. District Court — District of Connecticut

228 F.Supp.2d 51

Richard LEGG, Plaintiff, v. Mayor James T. DELLAVOLPE, And the City of Ansonia Defendants.

No. CIV.3:00CV1495 (JBA).

United States District Court, D. Connecticut.

May 23, 2002.

COPYRIGHT MATERIAL OMITTED

Simon I. Allentuch, Neubert, Pepe & Monteith, Nww Haven CT, for plaintiff.

James M. Sconzo, Wendi L. Boyden, Halloran & Sage, Hartford, CT, Thomas P. O'Dea, Jr., Brett Michael Szczesny, Halloran & Sage, Westport, CT, for defendants.

RULING ON DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT [DOC. # 37, 40]

ARTERTON, District Judge.

Plaintiff Richard Legg was terminated from his position as Director of Administrative Affairs of the City of Ansonia in November 1999. Following his termination, Legg brought this action under 42 U.S.C. § 1983 and Connecticut law. Legg alleges that the City of Ansonia and Mayor James T. DellaVolpe terminated him from his job without any legal basis and without providing him due process of law. Legg claims that he was fired on the basis of his political affiliation, which violated his Fourteenth Amendment right to equal protection under the law and his right to freedom of association under both the First Amendment and Connecticut law. Second, Legg alleges that he was entitled to a pre-termination hearing, including notice and an opportunity to be heard, and a post-termination hearing, which the Ansonia Personnel Manual and the City Charter guarantee to permanent employees of the City. He further argues that his job could be terminated only by the Board of Aldermen and only for cause, as defined in the personnel manual. Legg alleges that the defendants' failure to abide by these procedures violated his due process rights under the Fourteenth Amendment and constitutes a breach of his employment contract with the City of Ansonia. Third, Legg seeks attorney's fees and punitive damages, arguing that the defendants' deprivation of his civil rights was malicious and intentional. Finally, Legg claims that the defendants improperly withheld accrued sick time in violation of Connecticut law.

The defendants have moved for summary judgment on all of these claims. The essence of their motion is that Legg has insufficient evidence that he was a permanent employee entitled to the procedural safeguards spelled out in the personnel manual. They contend that Legg was an at-will, political appointee and, as such, could lawfully be terminated at the outset of a new mayoral administration. Further, the defendants claim that Legg failed to request his accrued sick time properly, which required a formal written request and the approval of the Board of Aldermen. Finally, on the federal claims, they argue that the plaintiff's claim against the City is not legally viable and that Mayor DellaVolpe is entitled to qualified immunity.

Based on the analysis below, the Court grants the defendants' motion for summary judgment on the plaintiff's federal claims and declines to exercise supplemental jurisdiction over the plaintiff's pendant state law claims.

I. FACTUAL BACKGROUND

In April 1997, at a regular meeting of the Board of Aldermen, Legg's hiring as the Director of Administrative Affairs was approved, following his nomination to the position by Ansonia Mayor Nancy Valentine, a Republican. Once hired, Legg reported directly to the mayor. In November 1999, DellaVolpe, a Democrat, was elected Mayor of Ansonia. On his first day in office, Mayor DellaVolpe terminated Legg on the grounds that Legg was aligned with Mayor Valentine and he wanted to fill the position with someone from his own administration.

The position of Director of Administrative Affairs was created in February 1996 at the request of Mayor Valentine and it was approved by the Board of Aldermen as a temporary position that would terminate four months later, on June 30, 1996. William Nimmons, the first person to serve in the position, continued in that role well past the period of authorization, until March 27, 1997, although no vote was ever taken by the Board of Aldermen to make the Director of Administrative Affairs a permanent position or even to extend its term. In April 1997, Mayor Valentine offered the position to Legg, who was at that time employed by a temporary employment agency and had been working in the City of Ansonia finance department for approximately four months. After the Board of Aldermen's approval of his appointment, he did not sign any employment contract.

The job description for Director of Administrative Affairs provides the following "general description of the duties" of the position:

As a member of the Mayor's administrative team, initiates and participates in the development of goals, objectives, programs, policies and procedures for the City. Assists the Mayor in planning and directing operations of all City departments and exercises such administrative powers as may be assigned by the Mayor, so long as such does not infringe on authority vested by the Charter in any official, board or commission of the City. Is responsible for coordination and communication among all divisions and departments within City government to promote the effective and efficient delivery of high quality City services. Assumes such duties and responsibilities as changing needs and priorities may require.

Pl.'s Local Rule 9(c)(1) Statement Ex. C. The document describes the Director of Administrative Affairs as "report[ing] to and work[ing] under the general direction of the Mayor" and "supervis[ing] such personnel as the Mayor may designate." Id. According to the job description, examples of the duties of the position include:

Administers operating policies in accordance with State statutes, the City Charter and local ordinances. Monitors compliance by City departments with such policies as well as the policies of the Board of Aldermen and other boards.

Recommends new operating polices for adoption by the Mayor and/or Board of Aldermen.

Conducts studies to determine City needs and alternative means of meeting those deeds in a cost effective manner, in such areas as general government administration, fiscal management, public health and welfare, recreation, public works and public safety.

Evaluates and analyzes operations and recommends methods for improving the performance of various City agencies, departments and offices. Assists the Mayor in overseeing implementation of same.

Assists the Mayor in coordinating the work of various City divisions and departments, maintaining communication between the Mayor's office and other City officials, boards, commissions and committees, as well as third parties such as contractors, consultants and insurers.

Oversees planning and implementation of administrative and fiscal goals and objectives.

Provides advice and direction to City personnel on implementation of sound public administration and management principles and practices.

Assists the Mayor in the preparation and presentation of the annual operating budget to the Board of Aldermen for approval.

Reviews and monitors expenditures for compliance with adopted budget.

Coordinates information for and prepares reports of City operations, including but not limited to annual report.

Does other work as required by the Mayor.

Id.

In November 1997, Mayor Valentine was re-elected for a second two-year term. In that same month, the position description of Director of Administrative Affairs was revised to eliminate the requirement of a graduate degree. Legg continued to serve as the Director of Administrative Affairs throughout Mayor Valentine's second term. He served in that position until the first day of Mayor DellaVolpe's administration, when Mayor DellaVolpe terminated his employment. Legg sent a letter to DellaVolpe disputing the grounds of his firing. DellaVolpe later named his own nominee to fill the position. Ultimately, the Board of Aldermen eliminated the position in May 2000.

After his termination, Legg filed a complaint with the Connecticut Department of Labor seeking payment of his accrued sick leave. After conducting an investigation, the Wage and Workplace Standards Division sent a letter in September 2000 to Claude Perry, the City of Ansonia personnel director, requesting that the City pay Legg his accrued sick leave. The defendants have not complied with the request. There has been no appeal or other legal action taken related to the Commissioner's investigation and action other than this lawsuit.

II. SUMMARY JUDGMENT STANDARD

Under Fed.R.Civ.P. 56(c), summary judgment is proper "if the pleadings, depositions answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." In moving for summary judgment against a party who will bear the ultimate burden of proof at trial, the movant's burden of establishing that there is no genuine issue of material fact in dispute will be satisfied if he or she can point to an absence of evidence to support an essential element of the nonmoving party's claim. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The non-moving party, in order to defeat summary judgment, must come forward with evidence that would be sufficient to support a jury verdict in his or her favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) ("there is no issue for trial unless there is sufficient evidence favoring the nonmoving party for a jury to return a verdict for that party").

When deciding a motion for summary judgment, "`the inferences to be drawn from the underlying facts ... must be viewed in the light most favorable to the party opposing the motion.'" Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587-588, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (quoting United States v. Diebold, Inc., 369 U.S. 654, 655, 82 S.Ct. 993, 8 L.Ed.2d 176 (1962)...