How The Labor Dept Reversed Itself

By CURT CLARK

Published: Feb 27, 2009 12:00 am

To the Editor:

John Voketâs article [âTown Attorney Critical Of Prevailing Wage Decision, The Newtown Bee, 2/20/09] regarding the reversal of the prevailing wage ruling suggests it was my letter to the Department of Labor from May 2008 that launched an extensive investigation of labor practices on Fairfield Hills. Not so. Letâs set the record straight.

Before the Legislative Council knew how the Greenwich Hall demolition and parking construction would be funded, there were constituents who questioned whether or not the town must comply with the prevailing wage law for demolition/construction at Fairfield Hills. Dave Grogins, the town attorney, ignored my email inquiry on this matter and the Legislative Council had advised me Fairfield Hills-related concerns are my own and not the concern of the Legislative Council, so I contacted the state to seek clarification.

I believe it is the fiduciary responsibility of government officials to do its due diligence work to ensure the town follows all applicable state laws to protect the town from any liabilities and funding shortfalls.

After a member of the Department of Labor made a suggestion that it would be prudent to seek a ruling on this matter as many municipalities are faced with attempting to fund shortfalls by not complying with the prevailing wage law, I submitted my request for information in writing. The state advised they would respond to Attorney Groginsâ inquiry and Mr Grogins would share the ruling with me.

In June, the state initially deemed the parking plan to be outside the prevailing wage law when Attorney Grogins suggested demolition/parking construction âwill be for the benefit of and constructed by a private party.â I had considered this issue to be closed until I was made aware that there was an updated ruling on this matter on February 5, 2009. Apparently, the state overturned the original ruling on September 9, 2008. This information was not shared. Attorney Groginsâ objection to the stateâs reversed ruling launched a lengthy investigation of the labor practices for FFH redevelopment.

When the Newtown Youth Academy concept was being approved by P&Z in 2007, I fully supported the use of the 2001 bond appropriation to demolish Greenwich Hall and other dilapidated buildings to complete the area around the NYA with permanent parking. When the former first selectmen was specifically asked about this in October 2007 during local elections, he suggested there was enough money from the 2001 bond appropriation to demolish these buildings, construct permanent parking spaces, and construct a new town hall. Unfortunately, that was not the case, and the remaining funds for demolition have been reallocated for the new town hall.

There are deliberate attempts to circumvent the charter, the state laws, and the voters as many town leaders look to find ways to stretch the use of remaining funds from the 2001 bond appropriation to complete the new town hall. If there is blame to be placed on this issue, our government officials and town attorney should start with themselves, as they are the ones who have been leading the way on the debacle at Fairfield Hills.

Po Murray

Legislative Council Member

38 Charter Ridge Road, Sandy HookÂ Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â Â February 25, 2009

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I have to say, I don’t understand how this project could be considered “morally wrong.” That kind of language feels more like obstruction than constructive dialogue. What is morally wrong is leaving seniors in our community without enough housing options. Right now, Newtown does not have adequate senior housing, and the few developments that exist, like Naunawag Meadows, already have waiting lists. As for the comment that “if it ain’t broke, don’t fix it,” that simply isn’t accurate. The system is broken when residents who’ve lived here their whole lives cannot find an affordable and appropriate place to age in town. Responsible development that balances environmental concerns, safety improvements (such as traffic calming measures and sidewalks), and the needs of our seniors is exactly the kind of planning Newtown should be doing. This isn’t about wanting or not wanting something in one’s backyard—it’s about building a community that takes care of its people. Please don't get scared away by the nimby mob.

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John, you raise an important point — these situations are tragic, complicated, and often far less clear-cut than the headlines make them seem. In the Fredericksburg case, the full facts still aren’t publicly known, and like so many of these stories, there’s conflicting information. It was apparently the back door at 3 a.m. — was it justified to use deadly force? We don’t know yet. What we do know is that the homeowner has been charged, and as you rightly noted, that is very serious. But this is also where perspective matters. These cases are quickly sensationalized in the news and on social media, yet when the dust settles, the outcomes are rarely publicized. People forget that in our system, you are innocent until proven guilty. Try to find much coverage of the convication in the case of the Fairfield Realtor vehicle homicide, or updates on the woman who shot her husband a couple of Christmases ago, or even the pedestrian death in Sandy Hook a year or so back. The follow-through simply isn’t there, and public opinion is often shaped only by the first round of headlines. At the end of the day, these situations remind us how split-second decisions in the middle of the night can change lives forever — which is exactly why the right to protect one’s property, home and family is so fiercely debated, and lucky constitutionally protected.

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How The Labor Dept Reversed Itself

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