Free Statement of Material Facts - District Court of Connecticut - Connecticut

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

EDWARD BOGANSKI v. CITY OF MERIDEN BOARD OF EDUCATION AND JOHN CORDANI

: : : : : :

NO.: 3:01CV2183 (AVC)

APRIL 29, 2005

LOCAL RULE 56(a)1 STATEMENT IN SUPPORT OF DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Pursuant to Fed. R. Civ. P. 56 and Local Rule 56, the defendants, City of Meriden Board of Education and John Cordani, submit the following statement of undisputed material facts in support of their Motion for Summary Judgment dated April 29, 2005. Affidavits and other admissible evidence are attached as exhibits. 1. Edward Boganski began working for the Meriden Public Schools on August 30, 1993, as a night custodian at Pulaski School. See Complaint, ¶6; Exhibit A, p. 11; Exhibit B, No. 5. 2. Boganski subsequently applied for, and was given, the position of van driver/custodian. In this position, Boganski delivered mail to the schools and performed custodial work at the Board of Education building. See Complaint, ¶6; Exhibit A, p. 14. 3. In October 1997, Boganski was promoted to the head custodian position at

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Washington Middle School. See Complaint, ¶6; Exhibit A, p. 15. 4. Boganski interviewed for the head custodian position with the school principal Shellie Pierce, and John Cordani, Manager of Buildings and Grounds. See Exhibit A, p. 16. 5. Pierce was Boganski's immediate supervisor at Washington Middle School through June 1999. See Exhibit A, p. 17. 6. On July 1, 1999, Jeffrey Villar became the Assistant Principal at Washington Middle School, and Boganski's immediate supervisor. See Exhibit A, pp. 17, 70; Exhibit C, ¶4. 7. Boganski, like all head custodians, also reported to Cordani as needed. See Exhibit A, pp. 17-18. 8. The school year commenced in late August or early September. See Exhibit A, p. 70. 9. In October 1999, Washington Middle School needed fuel oil. Boganski called the vendor that the Meriden Public Schools used for fuel oil, and was told that he needed a purchase order. See Complaint, ¶8; Exhibit A, pp. 41-42. 10. At the time, the Meriden Public Schools was using a new vendor for fuel oil. Purchase orders had not been required in the past. See Exhibit D, ¶7; Exhibit E, ¶6. 11. Boganski called Cordani regarding the need for fuel oil and the vendor's request

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for a purchase order to obtain that fuel oil. See Complaint, ¶9; Exhibit A, pp. 41-50. 12. Cordani told Boganski to give the vendor a purchase order number. See Exhibit A, p. 51; Exhibit D, ¶¶5,6. 13. Subsequently, on October 12, 1999, Boganski complained to Villar that Cordani had told him to make up a purchase order. See Complaint, ¶11, Exhibit A, pp. 51-52; Exhibit B, No. 23; Exhibit C, ¶6. 14. Villar did not perceive Cordani's request regarding the issuance of a purchase order as improper or shady. See Exhibit C, ¶¶6, 7. 15. Boganski and Cordani spoke again. Boganski told Cordani that he did not feel comfortable making up a purchase order number. Cordani hung the phone up without saying goodbye. See Complaint, ¶¶6, 10; Exhibit A, pp. 53-54; Exhibit D, ¶¶8, 9. 16. Boganski then called Glen Lamontagne, the Assistant Superintendent. Boganski was upset, and complained to Lamontagne about his conversation with Cordani. See Exhibit A, p. 54; Exhibit F, ¶5. 17. Lamontagne subsequently spoke with Cordani and advised him to make sure that if fuel oil was needed that it be delivered. See Exhibit F, ¶7. 18. Lamontagne did not perceive Cordani's request as improper. See Exhibit F, ¶6.

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19.

The phrase "make up a purchase order" is used interchangeably with "issue a purchase order." See Exhibit C, ¶7; and Exhibit F, ¶6.

21.

Ultimately, Cordani's assistant, Catherine Figura, called the vendor and gave the company a purchase order number. See Exhibit D, ¶10; Exhibit E, ¶9.

22. 23.

Figura did not perceive Cordani's request as improper. See Exhibit E, ¶10. Villar never spoke with Cordani regarding the purchase order incident prior to this litigation. See Exhibit C, ¶9; Exhibit D, ¶13.

24.

Boganski had gone to both Villar and Lamontagne in an effort to obtain the fuel oil. See Exhibit A, pp. 53-55.

25.

Boganski had refused to make up a purchase order and he needed assistance in getting the oil. See Exhibit A, pp. 55-56.

26.

Boganski was not seeking to get Cordani reprimanded or fired. See Exhibit A, pp. 53-54.

27.

Boganski never considered going to the police to report what he allegedly believed to be an illegal request, nor did he ever consider going to the press. See Exhibit A, p. 305.

28.

Boganski never formed an opinion as to whether or not Cordani was attempting to obtain fuel oil without the Board of Education paying for it. See Exhibit A, p. 202.

29.

Boganski began receiving memos from Jeffrey Villar that were critical of his

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work performance as early as September 7, 1999, a month prior to Boganski's complaint. See Exhibit A, pp. 64-68, 77-80; Exhibit C, ¶11; Exhibit G. 30. Some of Villar's memos were critical; others simply provided directives to Boganski as the head custodian. See Exhibit C, ¶11; Exhibit G. 31. Cordani did not direct, or otherwise pressure, Villar to write any memos to Boganski. See Exhibit C, ¶17; Exhibit D, ¶15. 32. On December 23, 1999, Boganski was suspended for three days (December 28, 29 & 30, 1999) without pay. See Complaint ¶15, Exhibit A, p. 104. 33. Shellie Pierce, in consultation with Jeffrey Villar and Glen Lamontagne, issued the suspension. See Exhibit B, No. 25; Exhibit H. 34. The suspension was given for two reasons: (1) Boganski's failure to obtain training for the custodians under him on the controlled air computer system, despite directives to do so, and (2) his lying about the possession of a Sonitrol list. See Exhibit A, p. 105; Exhibit C, ¶¶12, 18. 35. 36. Boganski grieved the suspension through arbitration. See Exhibit A, p. 107. The arbitrator ruled in favor of the Board of Education and upheld the suspension. See Exhibit A, p. 129; Exhibit I. 37. In response to Boganski's complaint that he was being harassed by the Administration, the arbitrator astutely noted that: It is not credible that there would have been a conspiracy among two

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principals [Pierce and Villar], a Manager of Buildings and Grounds [Cordani], and an Assistant Superintendent [Lamontagne] just to get the Grievant [Boganski] suspended for three days. See Exhibit I, p. 29. 38. Glen Lamontagne had spoken to Boganski for six to eight months regarding Boganski ensuring that other custodians received the controlled air computer training. See Exhibit A, pp. 105-108; Exhibit F, ¶10. 39. John Cordani gave Boganski a directive to see that the custodian training take place on the controlled air computer system. See Exhibit A, pp. 106, 108; Exhibit D, ¶17. 40. Jeffrey Villar directed Boganski to get the other custodians trained on the computer system. See Exhibit A, pp. 106, 108-109; Exhibit C, ¶13. 41. Despite these directives from three separate supervisors, Boganski did not get the other custodians trained at any time prior to his suspension. See Exhibit A, pp. 106, 109-111; Exhibit C, ¶13; Exhibit D, ¶17; Exhibit F, ¶10. 42. The Sonitrol list at issue contained the security codes for employees to access the building. See Exhibit A, p.111; Exhibit J. 43. Steve Papotto, a plumber, reported to the union president, Ricky Allen, that he had seen the Sonitrol list on Boganski's desk. See Exhibit A, p. 117. 44. Papotto also told Cordani that he had seen the Sonitrol list was on Boganski's desk. See Exhibit D, ¶19.

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45.

Cordani asked Papotto to copy the list and to give the copy to Villar. See Exhibit D, ¶19.

46.

Villar asked Boganski if he had the list, and Boganski denied having it. See Exhibit A, p. 115; Exhibit C, ¶14.

47.

The list was addressed to the attention of Edward Boganski. See Exhibit A, p. 115.

48.

Villar and Cordani found the list in Boganski's office. See Exhibit A, p. 117; Exhibit C, ¶14; Exhibit D, ¶20.

49.

Villar has no knowledge of anyone "planting" the list in Boganski's office. See Exhibit A, pp. 118-19; Exhibit C, ¶14.

50.

Cordani has no knowledge of anyone "planting" the list in Boganski's office. See Exhibit A, pp. 118-19; Exhibit D, ¶18.

51.

Cordani did not recommend or authorize the suspension that was given to Boganski on December 23, 1999. See Exhibit D, ¶16.

52.

In February 2000, Boganski was transferred to a night custodian position at Thomas Hooker School. See Exhibit A, pp. 21, 133-34.

53.

The union president, Kathleen McParland, and another union representative, raised the issue of the transfer with the Meriden Public Schools and asked if Boganski could move to the open position. See Exhibit K, pp. 67-69, 72.

54.

Villar was not satisfied with Boganski's work performance, primarily due to

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Boganski's lack of judgment and his trouble managing the custodians under him. See Exhibit C, ¶¶15, 16. 55. The custodians at Washington Middle School were not cooperating with each other, and as a result, work was not getting done. See Exhibit K, pp. 43-44; Exhibit D, ¶23. 56. The union drafted a letter of agreement regarding the transfer, and Boganski signed the document. See Exhibit A, pp. 134-36; Exhibit K, p. 71. 57. McParland spoke with Glen Lamontagne regarding Boganski's employment around the time of Boganski's move to Thomas Hooker. Lamontagne was positive about Boganksi's future with the Board of Education, and "caring." See Exhibit K, pp. 95-96. 58. Cordani did not recommend or authorize Boganski's transfer to Thomas Hooker School. See Exhibit D, ¶21. 59. On December 3, 2001, Boganski was promoted to another head custodian position at Benjamin Franklin School. See Exhibit A, p. 25; Exhibit B, No. 1; Exhibit L. 60. Cordani did not have the authority to issue a suspension, to fire, or to transfer Boganski to another position. See Exhibit D, ¶24.

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DEFENDANTS, CITY OF MERIDEN BOARD OF EDUCATION AND JOHN CORDANI

By/s/Alexandria L. Voccio Alexandria L. Voccio ct21792 Howd & Ludorf, LLC 65 Wethersfield Avenue Hartford, CT 06114 (860) 249-1361 (860) 249-7665 (Fax) E-Mail: [email protected]

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CERTIFICATION This is to certify that a copy of the foregoing has been sent, handling charges prepaid, via U.S. Mail to the following counsel of record this 29th day of April, 2005.

John R. Williams Katrena Engstrom 51 Elm Street New Haven, CT 06510 Michael McKeon Sullivan, Schoen, Campane & Connon, LLC 646 Prospect Avenue Hartford, CT 06105-4286 Deborah L. Moore City of Meriden Department of Law 142 East Main Street Meriden, CT 06450

/s/Alexandria L. Voccio Alexandria L. Voccio

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