Misleading The Department Of Labor

To the Editor:                     

The town attorney protests that the Department of Labor has unfairly ruled that Newtown must obey the state’s prevailing wage laws when undertaking municipal projects costing more than $400,000 [“Town Attorney Critical Of Prevailing Wage Decision, The Newtown Bee, 2/20/09].

The attorney’s letter (6/12/08) stated, “In December of 2007, the Town entered into a ground lease with the Newtown Youth Academy (NYA), a private, not for profit corporation, for a portion of the property…. The facility will be for private use on a fee basis. The facility is required to have 241 parking places…the Town is required to demolish a large building on the Property (“Greenwich House”). The Town has determined that it is in its best interest to have the Tenant construct the parking and demolish the building…. The Town does not believe that the demolition and construction are subject to the ‘prevailing wage’ provisions because they will be for the benefit of and constructed by a private party who has a long term lease on the property.” His statement was false.

Using the phrase “will be for the benefit of and constructed by a private party” apparently misled the Department of Labor to rule the parking lot project would not be covered under the prevailing wage law since it “is not for public use.” (6/25/08)

Later, the Department of Labor employees investigated further, and in their recent letter of 2/5/09 told the town attorney, “A review of … documents has demonstrated that this parking will be ‘shared’ by the Newtown Youth Academy, baseball fields, future Parks and Recreation Building/Senior Center, and future town hall. In addition, the project is owned by, paid for by, and maintained by the town.” The Department of Labor cites additional town documents that support its new prevailing wage ruling.

 By attempting to circumvent the “prevailing wage” law, the FFH Authority, the selectman, and the town attorney have damaged the reputation of our town. The Department of Labor intends to review all previous work done at FFH, and indicated it would closely monitor all future demolition and construction projects there.

The law is the law, and we can’t pick and choose which we want to obey. Town leaders continue to blame local citizens for the research and report of the Department of Labor. The Bee reporter attacked Po Murray for seeking information. We live in a free country, and all citizens have the right to contact any local, state, or federal official. Po truly represents her constituents.

However, it wasn’t Mrs Murray who set off the alarm; the Department of Labor smelled something fishy in the town attorney’s letter. The mess at FFH rests clearly on the Fairfield Hills Authority for obligating the town to provide parking when the bond issue was insufficient to cover the costs, the town attorney for misleading statements, and others who sought to circumvent the law! They should all resign.

No more money for Fairfield Hills. Let the people speak!

Ruby Johnson

16 Chestnut Hill Road, Sandy Hook                   February 25, 2009