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Musto: Herbst Should Apologize to Trumbull Housing Authority

Herbst replaced two Trumbull Housing Authority members, who then voted to replace Musto as the THA's attorney.

Mr. Herbst’s recent comments regarding the Trumbull Housing Authority (THA) are so defamatory, so outrageous, and so filled with falsehoods that I felt the need to respond, both for myself and also for those members of the Commission who are not used to being disparaged publically for their community service.

I note at the outset that Mr. Herbst assumes throughout his comments that his opinion is more informed than that of the majority of the THA Commission: Judi Stern, THA Chairman, who served on the Commission for 11 years and whose family founded THA, appropriately named Stern Village; Bob Marconi, a two-term commissioner who has served Trumbull in many elected and appointed offices for over 40 years; and Thelma Burr, another two-term commissioner elected by the tenants of THA and herself a resident of Stern Village.

All three voted to renew the employment of THA’s executive director, Harry Wise, and were therefore labeled by Mr. Herbst as “deceitful”, “duplicitous”, and “unscrupulous.”  The only dissenting commissioner was Gail Hanna, appointed by Mr. Herbst.

Mr. Herbst said THA was not properly addressing the safety of the residents.  This is false and is a direct result of the fact that Mr. Herbst does not understand the role of THA nor what Mr. Wise did during the storm.  Mr. Wise was at THA during the storm and ensuing blackout almost constantly to work with residents and ensure their safety.  THA is a municipal housing project for low income residents who come and go as they please and receive no special care or assistance beyond what any other tenant receives from any other landlord.  Mr. Wise has no obligation to assist residents in any way, and yet he worked hard throughout the entire blackout for just that purpose.  The Commission saw this and maintained their faith in Mr. Wise.  Mr. Herbst disagreed and resorted to publically attacking the character of the commissioners.

Mr. Herbst singled out Ms. Stern as lacking concern for the residents of Stern Village, placing politics ahead of people and holding a secret meeting to renew Mr. Wise’s contract.  All false.  The meeting at which Mr. Wise’s contract was renewed was anything but secret.  On the contrary, it was a regular monthly meeting, properly noticed, with the agenda publically posted in the offices of THA, although not in the Town Clerk’s office due to THA misunderstanding the rules requiring posting in both places.  Ms. Hanna was aware of the meeting, attended and voted, and raised no objection regarding its legality or secrecy.

More importantly, Ms. Stern has never shown anything but concern for Stern Village residents.  Ms. Stern, having served THA for years and worked with Mr. Wise for years, was clearly more aware of both THA’s mission and its duties to its residents, as well as Mr. Wise’s work and stewardship of THA, than Mr. Herbst.  Again, Ms. Stern disagreed with Mr. Herbst’s opinion and believed that Mr. Wise’s contract should be renewed, and she was joined in that belief by all members of the commission not appointed by Mr. Herbst.  Suggesting a political motive on her part is patently absurd.  Mr. Herbst has not identified any political motive or agenda, nor can he.

Mr. Herbst states that Ms. Stern and I drafted provisions of a contract that were a “done deal” before taking it to other commission members.  This is false.  Mr. Wise has had a contract for 10 years, initially for 5 years and with a 5- year renewal expiring in June.  I received a draft of a 2-year renewal from Mr. Wise’s attorney and negotiated changes to that draft only with him.  Ms. Stern had no role in the negotiation or drafting of the renewal at all, and I received no comments from her prior to the meeting.

In fact, I had no discussions with any commissioners prior to the meeting.  All commissioners, including Ms. Hanna, received a copy of the draft contract before the meeting, together with an agenda.  While Mr. Herbst is correct that some changes benefitted Mr. Wise, some changes did not; for example, he does not receive the annual raise he had received every year of his employment.  I discussed the renewal in executive session with all of the commissioners at the same time.  Thereafter the commission voted to approve it, although the commission could have voted to reject it or to approve it with changes.

All of this was done at a regularly scheduled meeting and with notice to all commissioners and the public.  After the commission approved the renewal it was signed by the parties.  Mr. Herbst’s suggestion that a contract to which all parties agreed should not have been signed while everyone was together is nonsensical.

Mr. Herbst claims that there should have been a public hearing on the contract.  That is false.  He cites no authority for this statement, and none exists.  On the contrary, Connecticut law (Sec. 8-41(a)) allows the Commission to hire an executive director as it allows them to hire legal counsel.  If a public hearing is required, why was one not required before the new commissioners hired a new attorney?  The answer is simple – no public hearing is required for either action, and the Commission acted appropriately in both instances.  This is a red herring.

Mr. Herbst claims that I advised my client to participate in an illegal meeting.  That is false.  I have never advised THA regarding the legality of any meeting in the 10 years I have served there, nor was I ever asked to advise them on the legality of any meeting.  I had no role in scheduling, posting, recording, or any other organization of the meeting.

Mr. Herbst says that I advised my client to approve a contract that was not in my client’s best interest.  This is false, and I have several other problems with it:

First, Mr. Herbst was not in executive session, nor even at the meeting, so he could not know what advice I gave unless someone in executive session told him.  If no one discussed it with him, then he is speculating on what I may have advised my client without any basis whatsoever.  If someone did discuss this with Mr. Herbst, then that person may have violated Trumbull’s ethics rules regarding disclosing confidential information.  I suggest that Mr. Herbst could end all speculation on this point by revealing from whom he got his information.

Second, I have never advised a client to accept or reject a contract in full.  It is not my job to think for my clients, only to make sure that they understand their legal rights and obligations.  I advise my clients as to the effects of the contract, advise whether certain terms are good or bad for them and how they might be changed, answer their questions, and ensure that their concerns are addressed.  They then decide whether to accept or reject the contract, sometimes in spite of my concerns.  I cannot reveal here specifically what was discussed in executive session, but I can tell you I followed my standard practice and did not advise THA to either accept or reject the contract as drafted.

Third, this comment by Mr. Herbst, together with his comment that the actions of THA and I were “deceitful”, “duplicitous”, and “unscrupulous” goes beyond any of the rhetoric he has used to date and any that is acceptable by any standard.  His statement calls into question my honesty, ethics and competence as an attorney.  Mr. Herbst states that I advised my client to hold an illegal meeting, to enter a contract that was against their interests, and that I acted dishonestly and unscrupulously.  None of this is true.  It seems to me at first blush that this is libel, and it seems libelous per se in that it injures my standing in my profession and calling.

The facts are that Harry Wise has been the executive director of THA for about 15 years, and has had a contract for 10 of those years.  Judi Stern has served on the Commission for 11 years, and the complex is named Stern Village after Ms. Stern’s family who founded it.  Mr. Wise’s contract was up for renewal in June and he requested a 2-year renewal.  Five years ago his contract was also up for renewal in June and was extended at the regular January meeting.  Ms. Stern and the majority of the board, including the commissioner who lived at Stern Village, agreed that Mr. Wise had done a good job for 15 years and wanted him to remain as executive director in spite of the objections of Mr. Herbst.

Mr. Herbst disagreed, but rather than accepting that the THA was an independent commission and allow it to do its job, he chose to interfere dramatically.  He obtained a legal opinion, unilaterally declared the meeting illegal, derided it as “secret,” replaced Ms. Stern, attempted to replace Mr. Marconi prematurely, and degraded and vilified the entire Commission as “deceitful”, “duplicitous”, and “unscrupulous.”  He attacked me with the same labels, additionally questioning my professional honesty, ethics and competency.

Mr. Herbst comments in this matter are beyond the bounds of reasoned debate we should expect from our leaders.  This is especially true regarding Ms. Stern.  He could have simply replaced Ms. Stern, thanked her for her years of service and for her family’s contributions, and proceeded to attempt to undo whatever he disagreed with.  He did not have to claim she had any secret, unscrupulous, deceitful, duplicitous, or political motivation.

This type of personal vilification seems to be increasingly common from Mr. Herbst, who publically questioned the honestly of Mayor Finch and Former First Selectman Baldwin, and also publically chastised Councilwoman Mark, all within the past several months.  Rather than simply acknowledging their differences of opinion, or even ignoring them, Mr. Herbst has resorted to personally disparaging Ms. Stern and publically questioning her character.

Mr. Herbst does not even seem to acknowledge that Ms. Stern, with her years of service and familiarity with THA, and with the unanimous support of the non-Herbst commissioners, might have been right in her conclusions and that he should perhaps think twice before replacing her and undermining her work.  Even if she were wrong, this is an unconscionable way to treat a long-time volunteer.  Mr. Herbst should apologize, immediately and sincerely, and most of all publically, to Ms. Stern and the rest of the commissioners.

As to me, Mr. Herbst has publically impugned my fitness to practice my profession.  This is not a political dispute – this is my livelihood, my family’s primary means of support, and a career I have spent years building.  I sincerely hope he recognizes that he has crossed a line in this instance and issues an immediate retraction, and a retraction free of qualifications, explanations, justifications or equivocations.

Anthony Musto

JR December 31, 2012 at 01:21 PM
Don't hold your breath, Sen. Musto.
HL December 31, 2012 at 02:44 PM
Everything Mr. Herbst does seems to be politically motivated. Most of his energy and focus as First Selectman appear to be in the form of putting his own people in every political position possible (and even creating new ones in some cases). I've never seen him have a bad word to say about any GoP representative (or friend), ever, and never one good thing about any Democratic representative. It's a shame that the economy is so bad right now that a large chunk of the town can't see past the SUPPOSED tax breaks when they go to vote.
Sad Dem December 31, 2012 at 03:05 PM
I like how musto sneaks into his rant how the THA had a "misunderstanding" of the rules. You were trying to be cute and you got caught. You're a lawyer, it's in your nature to be this way. Do yourself a favor hope people forget what you did.
Tom Kelly December 31, 2012 at 04:16 PM
Sad Dem, once again, you don't know what you are talking about. Do you know how many Boards and Commissions fail to meet the timeline to get information posted on the town's website as required by the Charter? Please, educate yourself before spewing talking points that have no validity. If the requirements in the Charter were applied consistently to all Boards, no business would be able to be conducted in the town. And regardless of any potential violations, the FOI Commission in Hartford is the sole authority to decide what business is valid and what is declared null and void. Not Tim Herbst. Once again, Mr. Herbst has acted in heavy-handed fashion. Our State Senator is widely respected in Trumbull and these types of criticisms do not reflect well on our First Selectman, who has trouble conducting himself in a mature fashion. Have a Happy and safe New Year's!
Sad Dem December 31, 2012 at 06:17 PM
Once again Tommy turncoat feels the need to voice his opinion. And you know what opinions are like... And you feel the need to voice yours every moment. Please tell me how many Boards and commisions fail to information posted? And please stop with the phony Happy and Safe New Years! Desperately pretending to take the high road. It's pathetic.Get off your soap box. And y does Musto put in the guys contract the town should cover his legal expenses? Have a happy and a healthy
Anthony Musto December 31, 2012 at 06:19 PM
SD, I am not sure what you mean by what I did. Are you suggesting that I deliberately failed to post notice of the meeting in town hall. If so, you are certainly wrong. I posted notice nowhere, nor the agenda, nor had any part in doing so. That's not my job. Your suggestion also makes no sense. Even if I had been in charge of posting the agenda, what purpose would it have served to provide public notice of the meeting, post the agenda in public at the THA offices, send the agenda and the contract to all commissioners, and then deliberately not post it in town hall? Please be more specific, but if that's what you were talking about please check the facts. Anthony Musto
Anthony Musto December 31, 2012 at 07:59 PM
SD, I didn't put that in. Who told you I did? You seem to have a lot of information for someone with "dem" in their tag. Even so, let's focus: How do you feel about Mr. Herbst's comments? And instead of calling Mr. Kelly names, why don't you address the questions he raises? It seems your comments are, like Mr. Herbst's, gut reactions and not factually based. Please answer these questions as I would like to know who has been spreading false information. Anthony Musto
Thomas Tesoro December 31, 2012 at 10:34 PM
Senator Musto, Do not expect Sad Dem or any member of the angry old guard of the Trumbull Republican Party to come here to address your fact based rendition of what occurred. Sadly, this is nothing more than the latest episode of silly politics of vengence. What has it given us? A WPCA that lacks transparency. A concert that cost the taxpayers over $70,000. A badly conceived redistricting that makes nothing better. A mess of a Charter Revision. A magnet school debacle. I could go on but you get my point. When only one point of view is heard, mistakes happen. Sometimes, they are small but, sometimes like the magnet school, they are huge. We are a small Community in a small State. We should work together, listen to each other and put Community before the interests of any politcal Party. We don't and, becasue we don't, we are less than we could be and should be as a community. I do hope Tim Herbst will, in the words of Abraham Lincoln, listen to the better angels of his nature and apologize to Mr. Wise, Ms. Stern and Senator Musto. I hope in the future he will stand up to the angry old guard and reject the politics of vengence that have dominated Trumbull for the last 3 three years.It is a new year, time to remember we are all friends and neighbors.
Regina January 01, 2013 at 12:39 AM
Regardless of your party affiliation and whether or not these volunteers did something wrong, you have to expect a leader to find a better way to deal with people. It's not in the best interest of the town or in the Housing Authority to conduct business in such a shameful manner.
Tom Kelly January 01, 2013 at 05:30 AM
Another heavy handed move by our First Selectman. Leaving him doesn't make me a turncoat, it makes me a patriot, just like the colonists who declared independence from Great Britain. They called them turncoats do. Another Herbst supporter who the best they can do is name call. Have a Happy New Year!
MAC January 01, 2013 at 10:02 PM
You have just proved that you are not a principled person, by admitting that you left the GOP because of your grudge against a person. Tom has no right to put himself in the company of the brave "patriots" of the American Revolution (who genuinely merited that appellation) who believed in Liberty, not Tyranny. They not only believed in Liberty and FOUGHT for it, but many laid down their lives for it--and they all RISKED all they had for the principles of Liberty! You, Tom, never belonged in the Republican party, but evidently simply opportunistically joined it for your own advantage politically, or so you hoped. You did not belong in the GOP, because you don't support the Principles of the GOP including: LIMITED Government, Balanced Budgets, Personal Responsibility, Fiscal Restraint, etc. Re "Happy New Year": it seems that you might have had a little too much bubbly (or late partying), because your redundant post (repeating what you wrote yesterday) needed some proofreading. ;-) More substantively, 2013 is unlikely to be a "Happy" year for either CT or Americans in general, considering the unemployment rates, looming inflation, and ballooning Deficits made worse by the poor leadership and the tyrannical big government views of Malloy and Obama.
Freeasaneagle January 02, 2013 at 01:19 AM
First Selectman Tim Herbst is constantly being steam rollered by some individuals when he does his job and protects our town. The Town Charter has been violated. Ignorance of the Town Charter is not an excuse. Be accountable for your mistakes rather than attempting to malign First Selectman Herbst. Some of the comments posted by certain people are filled with anger. Admitt that the meeting should not have been held and that the Town Charter was violated in this situation. Be open and honest and stop insulting the intelligence of our voters.
Regina January 02, 2013 at 01:22 AM
This is not about Tom Kelly leaving the local GOP. It's about the manner in which volunteers are treated. If you want to make personnel changes for whatever reason, you can effectively do so in a much more tactful and respectful way.
Joan January 02, 2013 at 01:34 AM
It seems to me that Mr. Herbst is the first to cry "libel" when someone legitimately questions any of his actions as First Selectman. Yet he seems to think he can smear Mr. Musto with these scurrilous and unsubstantiated allegations without consequence. I think this time he has really gone too far. I hope Mr. Musto pursues every avenue open to him to defend his reputation against Herbst's political vendettas.
Freeasaneagle January 02, 2013 at 02:17 AM
Our First Selectman, town workers and administration have been working hard to improve our town, communicate openly and honestly while dealing with disastrous projects. Every time he makes progress or does the right thing, some choose to verbally attack him. We chose the right leader. Some of these comments are filled with distortion. It is the same people over and over again. It is so immature . Offer solutions and please refer to the facts.
Tom Kelly January 02, 2013 at 02:17 AM
MAC, I guess the Tea Party, in addition to their other shortcomings, has a problem with reading comprehension. Where did I say that I left a political party due to a grudge? I said I left Tim Herbst, and it was over my (and by the way, quite a few other people) disagreement over issues. He completely abandoned many of the things we all ran on, including promising me and Ted Lovely he would NEVER underfund education, and promising all of us that he would NEVER accept campaign contributions from Town Contractors. Then I saw the heavy handed manner in which he treated long-standing community volunteers--he had Tom Collins escorted out of the Town Council meeting, the way he was sworn in at midnight without giving Ray Baldwin the courtesy of letting him know he was no longer FS, the deplorable way Town Clerk Rose Lodice was treated on her last day, and the promises made by several party leaders to exact retribution. On principle, I loudly voiced my disagreement with these practices, and others, which I think have hurt our town spirit badly. The grudges are not on my part, they are in my direction. I never ignore one person, and send Christmas cards to the people who won't even speak to me, because those are my Christian principles, and I won't abandon them. When I see you, MAC, I will treat you with the utmost respect as well, because this is not personal to me, it is a matter of principle. Once again, Herbst has treated people with a heavy hand. We need a new FS.
Tom Kelly January 02, 2013 at 02:27 AM
Next on your list, MAC, you will find out if you ask some of your local Republican friends that I almost never drink, and so indeed I had no bubbly on New Year's Eve. As for my affiliation with the Republican Party, I was never an arch-conservative or Tea Partier. I have always opposed the Death Penalty, because I believe only God has the right to take a life. I was always in favor of gun control, because we have way too many guns in this society. I was never in favor of military adventurism or nation building. But I was a Republican based on one issue, which is that I am Pro-Life. I felt that issue was important enough to be a Republican, even though I disagreed on many other issues. But then Bush passed the Patriot Act, which was tap danced on the very Constitution that you claim to love. He also got us into Iraq based upon false pretenses. The party started going farther to the right, and I left in 2004. I was asked to rejoin the Republican Party in 2008 when I moved back to Trumbull. They asked me, I didn't go to them, so please stop with the nonsense about political opportunism. I never had political ambition. I was also asked to run for the BOE. Repeatedly. Please get your facts straight. So, now I am much more comfortable in my skin as a pro-life Democrat. I can disagree on one issue rather than embrace a party which I consider to be intolerant, lacking compassion for those less fortunate, anti-women, anti-immigrant, and which lacks real diversity.
Tom Kelly January 02, 2013 at 02:32 AM
But this thread is not about me. Unfortunately, the local Herbst supporters can't address State Senator Musto's points without personally insulting him and me. Herbst called the man unscrupulous, deceitful, and duplicitous. He's a real tough guy with the vocabulary of a bully. But this is why he is so widely disrespected. We can and should demand more from our leaders. Now we see that in two days, 70 residents of Stern Village signed a petitition asking for the reappointment of Ms. Judith Stern. This is the family that enabled Stern Village to exist in the first place. Isn't it poor form for Herbst to refuse to reappoint a member of the very family that enabled Stern Village to exist? As for following the Town Charter, you guys should do your homework. One of the people Herbst appointed took part in a meeting and voted before the person he replaced term was expired. How does that comport with state law?
MAC January 05, 2013 at 12:23 AM
Did the Tea Party reply to you, Tom? Missed that one. Glad to know you don't usually drink, but you were still foolish to be weak enough to accept an invitation to rejoin the Republican party, if the ONLY thing you had in common with them was being "Pro-Life." Good luck with being a "principled" Pro-Life Christian and yet avidly supporting the hypocritical DEM party, with its 'cafeteria' Catholics like Pelosi, Biden, Himes, DeLauro, and just about every other Democrat in congress or our state legislature. In the Democrat party, you do "embrace a party which" IS "intolerant, lacking [REAL] compassion for those less fortunate, anti-women," and especially ANTI prosperity, opportunity for all--because it is PRO Big government; LESS Freedom. Dems say NO to citizens making their own decisions and enjoying the fruits of their labors (instead of having more and MORE confiscated by growing government)!! As for the GOP "lacks real diversity." Your party puts everyone into little slots, such as their demeaning treatment of all women as demanding "Free Birth Control" and unfettered ABORTION (being one issue, one-size fits all simplistic non-thinking) and denying that minorities can be Conservatives and Republicans! It is DEMS who routinely and systematically demonize any and all African Americans who stray from their plantation, such as Condoleeza Rice, Herman Cain, Clarence Thomas, Mia Love, Tim Scott and so many more who they call "Uncle Toms," "Jemima" etc!!
Joan January 05, 2013 at 01:05 AM
Wow, thank you for explaining Catholicism to us, something which you obviously know very little about, MAC. Can you possibly be any more judgmental? Who put you in charge of deciding who is and who is not a good Catholic?
Tom Kelly January 05, 2013 at 01:29 AM
Joan, apparently the same person who put her in charge of determining what constitutes a real Republican. And that's why Republicans are leaving and there is a civil war in the party.

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