[R]UTLAND TOWN — The fired administrator for Rutland Town says he’s going to file a lawsuit against the municipality over his termination.
Joseph Zingale, who worked for the town for more than three decades, said Tuesday he could not discuss the details of the claims at this time, but he expected his lawsuit against the town to be filed shortly.
Paul Gillies, Zingale’s attorney, declined comment Tuesday afternoon.
Josh Terenzini, Rutland Town Selectboard chair, when reached Tuesday afternoon, said, “We have not received a summons and complaint. If we do, the Town will defend its termination decision.”
The town’s five-member Selectboard voted unanimously last month to terminate Zingale, citing “gross misconduct” and “insubordination” in the motion to end his employment “effective immediately.”
The motion contained few additional details on what led to Zingale’s firing and Selectboard members have declined to discuss the situation, saying it was a “personnel” matter.
“The Selectboard finds that the gross misconduct and insubordination of Joseph Zingale has irreparably compromised the Select Board’s trust in the reliability of Mr. Zingale to perform the duties of town administrator and in his ability to carry out directives of the Selectboard,” the motion stated.
“As a result,” the motion added, “the Selectboard of the town of Rutland hereby terminates Joseph Zingale Jr.’s employment as Rutland town administrator for cause, effective immediately.”
Specific reasons for Zingale’s firing have remained a mystery since.
VTDigger had requested “any and all” records, including electronic ones, relating to “disciplinary” action taken by the town against Zingale. The request also asked for “any and all” communications between Zingale and board members, or from a board member to another board member dating back to Aug. 1.
The town did provide some documents to VTDigger, including meeting agendas and meeting minutes that referenced Zingale, but the records yielded no clues to specific reasons for his firing.
Kevin Brown, the town’s attorney, wrote in a response to VTDigger’s records request, that the town would not produce documents exempt from Vermont Public Records Act under 1 V.S.A. 317(c)(7) for “information in any form maintained to hire, evaluate, promote or discipline an employee of a public agency.”
Also, the town attorney wrote, the town would not produce any documents protected by attorney/client privilege, which are exempt from release under the Vermont Public Records Act.
Zingale was suspended from his job in late August. The former town administrator said the suspension occurred after Terenzini came to the town offices to hand him a disciplinary letter to put into his personnel file.
Neither Zingale nor Terenzini would disclose the reason for the disciplinary letter.
The two men exchanged heated words at the town offices, Zingale said, and Terenzini told him to leave the building and that he was suspended. A day later, Zingale said he received a letter from the town saying he had been placed on paid administrative leave pending a termination hearing.
The Selectboard then held two executive sessions over consecutive days, but wouldn’t say if those meetings involved Zingale. Instead, board members said the executive sessions were to discuss “personnel” matters.
A public meeting was scheduled for Sept. 11 where the motion was made and approved to terminate Zingale, who has served as town administrator, under different titles, for more than 30 years in Rutland Town.
The Selectboard is set to meet again Tuesday night to discuss the job description of the town administrator position as they search for a new one.
