JOINT STANDING COMMITTEE HEARINGS

EXECUTIVE AND LEGISLATIVE NOMINATIONS PART 2 395 - 746

2016

000395

Exe1;utive and Legislative Nominations Committee- Agenda Page 1 of 1

Executive and Legislative Nominations Committe~

PUBLIC HEARING AGENDA

Tuesday, March 1, 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW

House Resolution

~ Sean K. McElligott from Milford, to be a member of the Freedom of Information Commission

Senate Joint Resolution(s)

_ Clifford B. Silvers from Milford, to be a member of the Education Arbitration Board

... Richard H. Kosinski, Esquire from Oxford, to be a member of the Education Arbitration Board

http://cgalites/2016/EXNdata/pha/2016pha00301-ROOII OOEXN-pha.htm 3/1/2016 I' I

000396

201$ Executive and Legislative Nominations Committee

3/( Attendance Committee Leadership:

- Rep. Janowski, Claire (Co-Chair)

Sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice Chair)

- Rep. Vargas, Edwin (Vice Chair)

Rep. Buck-Taylor, Cecilia (Ranking Member)

Sen. Kane, Robert (Ranking Member)

Committee Members:

Rep. Albis, James

~ Rep. Berger, Jeffrey

Rep. Camillo, Fred

Sen. Crisco, Joseph

Rep. Dargan, Stephen

Sen. Doyle, Paul

Sen. Fasano, Leonard

Rep. Giegler, Janice

Rep. Godfrey, Bob

Sen. Guglielmo, Anthony

Sen. Hartley, Joan

Rep. Perillo, Jason II I 000397 1 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

CHAIRPERSONS: Representative Janowski Senator Duff Representative Looney Representative Vargas Representative Buck­ Taylor

SENATORS: Crisco, Kane, Fasano, Doyle, Guglielmo, Hartley

REPRESENTATIVES: Buck-Taylor, Albis, Berger, Camillo, Dargan, Giegler, Godfrey, Perillo

REP.JANOWSKI (56TH): Thank you and welcome to the hearing of the Executive and Legislative Nominations Committee. I'm Representative Claire Janowski, Co­ Chair of the Committee with Senator Duff who will be here shortly and would like to - before we begin, Ethan can you announce the normal mandatory announcement that we have to make?

ETHAN: In the interest of safety, I would ask you to note that the exits for the hearing room and two doors through which you entered - in the event of an e~ergency, please walk quickly to the nearest exit. After exiting the room, go to your right and exit the building by the main entrance or follow the exit signs to one of the other exits.

Please exit quickly and follow any instructions from Capitol police. Do not delay and do not return unless 000398 2 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

you are advised to do so and it is safe to do. In the event of a lock-down announcement, please remain in the hearing room. Stay away from the exit doors and seek concealment behind desks and chairs until all­ clear announcement is heard.

REP.JANOWSKI (56TH): Thank you and with that we will begin with our first nominee, Sean McElligott - I hope I said that right - from Milford to be a member of the Freedom of Information Commission. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

Thank you, please provide us with a statement.

SEAN MCELLIGOTT: Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is Sean McElligott and it is an honor and privilege to have been appointed as a Commissioner of the Freedom of Information Commission (FOIC) by Governor Dannel P. Malloy and to be considered by this Committee today.

I am very grateful for the opportunity to share a little bit of my personal background and explain why I am interested in serving on the FOIC.

I live in Milford, Connecticut, with my three children and my wife, Sarah Russell. For the past 10 years, I have been working as a trial lawyer at Koskoff, Koskoff & Bieder in Bridgeport, Connecticut, primarily handling medical malpractice cases. I also maintain an extensive pro bono practice including my work with the Connecticut Child Justice Foundation, which is an I, I

000399 3 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE organization that provides free representation to children in DCF custody. My wife is a law professor at Quinnipiac University, and she works with students in the Civil Justice Clinic to represent indigent clients who would not otherwise have counsel. I graduated from Yale Law School and from Trinity College, where I majored in philosophy.

I had the privilege of serving previously as a commissioner on the FOIC as a two-year legislative appointee starting in 2012. I very much enjoyed the work of the Commission. The FOIC serves a vital purpose in ensuring that people in Connecticut have access to important public information. Equally important, in my view, is that the individuals who appear before the Commission in public hearings are treated with courtesy and respect. Outside of formal hearings, everyone who works at the Commission takes pride in being accessible and helpful to citizens and municipalities alike.

For me personally, the Commission is an opportunity to serve the state in a public capacity that is different from my day job as a trial lawyer. I enjoy the deliberations that occur between the Commissioners considering a case. Interestingly, and appropriately given the mandate of the Commission, these deliberations occur publicly and are sometimes televised. There are also situations where the Commissioners might disagree with each other as to the appropriate outcome. I enjoy the discussion of the competing legal principles.

As the Committee is aware, the FOIC is tasked with interpreting the Connecticut Freedom of Information 000400 4 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

Act in the context of appeals from the decisions of municipalities and state agencies that come before the Commission. The Connecticut FOI Act itself is an interesting statute in that it begins by creating broad access to all records maintained by any public agency, but the Act then enumerates different exceptions where the requested information is not subject to disclosure. The amount of information that may be obtained by a citizen is governed largely by the Commission's interpretation of the proper scope of the exceptions. Each exception is animated by its own set of policy considerations, some of which have been explored extensively by our state courts. Accordingly, the work of the Commission is dynamic and I look forward to continuing to work with my fellow Commissioners to properly interpret and apply the Act.

I hope that this Committee finds me to be an acceptable candidate to serve as one of Governor Malloy's appointees on the FOIC. Thank you for the opportunity to address you all in support of my application. I would be happy to answer any questions that you may have.

REP.JANOWSKI (56TH): Thank you and congratulations on your nomination. This is a voluntary position so we do appreciate your making the time and your willingness to serve. Just one question. I did review your resume and you are highly qualified to obviously sit and be part of this Commission. Have you had a chance to attend any of the meetings yet?

SEAN MCELLIGOTT: Any of the meetings of the Commission? II I 000401 5 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP.JANOWSKI (56TH): FOI Commission meetings?

SEAN MCELLIGOTT: Back when I served as a legislative appointee on the Commission in 2010, I attended about 20, I think, meetings.

REP.JANOWSKI (56TH): It says here that you - the vacancy opened up in October of 2015 but you haven't yet had the opportunity to attend any meetings in your current appointment position.

SEAN MCELLIGOTT: No, I have not.

REP.JANOWSKI (56TH): Okay, alright.

SEAN MCELLIGOTT: Sorry, I apologize.

REP.JANOWSKI (56TH): But you had past experience with this?

SEAN MCELLIGOTT: I was a two-year legislative appointee back in 2012. So there are two-year appointments by certain members of the legislature turn in their employer appointments by the Governor so I had a previous two-year appointment and wasn't reappointed because of the change in personnel and the position of the appointee. And so in fact I was joking with Ms. Murphy the Executive Director. My picture is now up on the wall of the former Commissioner, and we're going to take that picture down I think in the event that I'm approved.

REP.JANOWSKI (56TH): Inaudible (away from mic) - previously because it is a way for the public to get notices of local meetings as well as State Government 000402 6 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

meetings and have access to Government records as well. I know that at the local level, this body does take up a lot of complaints that are filed at the local level. I think there are more Commissions and Boards locally and therefore more opportunity to get into complications.

Based on your experience in the past, do you find that there are more complaints filed at the local level and I know a number of them are frivolous complaints and they are not taken up at all.

SEAN MCELLIGOTT: Right. I think that most of them do come from the local municipal level. They frequently center around issues of whether certain meetings should be open. Whether going into executive session is proper for the particular circumstances. And I think one of the good things about being on the commission is that the municipalities that do come before us leave the hearing with a better sense of what their obligations are under the Act because it's better for them to just know them and to comply with them rather than to be hauled up to Hartford frequently.

REP.JANOWSKI (56TH): And I find that to be the case. I do get council members and other members of the local level that often contact me and want to know basically why are they having so many problems at the local level accessing information or getting information pertaining to notices and meetings. I can't tell them. I have no way of gauging whether what is being done is appropriate or not and that's where you guys come in. 000403 7 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

SEAN MCELLIGOTT: Right.

R~P.JANOWSKI (56TH): So I generally ask them to file, contact the Freedom of Information and file whatever paperwork they need to have.

I have no other questions. Representative Vargas did you have any questions?

REP. VARGAS (6TH): Thank you Madam Chair. I just wanted to thank Mr. McElligott for his willingness to serve in this position and I agree with the comments made by the Chairperson that you are amply qualified to be appointed to this position which you already served in the past.

The only question I have is one that maybe you might be able to enlighten me on. This thing with the quasi-public organizations - like we have one in Hartford, in my town. It's a metropolitan district Commission which is regional water bureau which is created by a statutory act. What has the Commission ruled as to whether they are under the Freedom of Information or is that still a gray area?

SEAN MCELLIGOTT: The short answer, I don't know but I suspect it's a gray area but I would have to look up the past decisions and see if any court in particular has ever passed on it.

REP. VARGAS (6TH): It's, you know, in some instances some of the quasi-public organizations claim to be municipalities or have the same authorities as municipalities and want to be exempted from lawsuits. They want to claim eminent domain but on other things 000404 8 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

they want to act as if they were private organizations and I don't think you can really have your cake and eat it too.

SEAN MCELLIGOTT: Well, I think it's interesting. Just as an attorney I once sought information from the Connecticut Insurance Guarantee Fund, which is one of the quasi-public agencies, and I think you send them the Freedom of Information request and you find out their view of themselves at that point. Either they comply with the request or they don't. And I think probably there's a lot of people or agencies or organizations straddling the line simply complying without having them fully vetted as to whether they are subject to the Act.

REP. VARGAS (6TH): Well I appreciate your answer and you know when it comes to the public's right to know, you're there serving the public to make sure they have the information they need. After all, everything that we need goes with their hard-earned tax dollars, so I appreciate your willingness to serve. In all these gray areas I would encourage you to err on the side of the public's right to know. Thank you.

SEAN MCELLIGOTT: Thank you.

REP. VARGAS (6TH): Thank you Madam Chair.

REP.JANOWSKI (56TH): Seeing no other questions or comments, we have one final question that we ask all of our nominees and that is, is there anything in your background that can be embarrassing to yourself, this body, the Governor's office, or the members of the General Assembly? 000405 9 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

SEAN MCELLIGOTT: No.

REP.JANOWSKI (56TH): Thank you very much and again congratulations on your nomination.

SEAN MCELLIGOTT: Thank you.

R3P.JANOWSKI (56TH): The next nominee is Clifford Silvers from Milford to be a member of the Education ALbitration Board. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

CLIFFORD SILVERS: Yes, I do.

REP.JANOWSKI (56TH): Thank you very much. Please provide us with a statement.

CLIFFORD SILVERS: Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Committee.

My name is Clifford Silvers and I am honored to appear before you today to speak about my desire to continue to serve on the Education and Arbitration Board as a Labor Representative.

I reside in Milford, Connecticut with my lovely wife Evelyn who I have been married to for 55 years. We have two adult children, our daughter Stacy Carlo who is married to her husband Rick and our son Scott Silvers who is married to his wife Claudia. We also ~ave three precious granddaughters Megan, Arianna, and o·uliette. 000406 10 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

During my 32 years at CEA, I worked 11 years as a Field Representative, three years in the Communications Department, and my final 18 years I was the Director of Affiliate and Member Development Department that was in charge of negotiations, grievances, organizing and membership training.

I retired from CEA in 2004. While employed at CEA and when I retired, I have continued to serve as a Labor Advocate Arbitrator for the Education Arbitration Board.

One year after my retirement, I was appointed as a Labor Arbitrator at the State Board of Mediation and Arbitration. I am also an Arbitrator for the Better Business Bureau (BBB) .

Approximately three years ago I was appointed as a Public Member on the State Teachers Retirement Board (TRB) .

My years of service in the field of education have been rewarding and I developed strong friendships and working relationships with those who I have worked with all these years.

I want to thank you for being given the opportunity to appear before you today and sincerely hope that I will be able to continue to serve as a Labor Arbitrator for the Education Arbitration Board.

I would be happy to answer any questions you have for me at this time. Thank you for allowing me to appear here. ,, II 000407 11 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP. VARGAS (6TH): Well thank you very much Mr. Silvers for your introduction and just a couple of q·.1ick questions. Were you a teacher prior to your career as a Representative for the CEA?

CLIFFORD SILVERS: Yes I was. I taught in Bridgeport f::>r 10 years and then became employed at the CEA in 1972 many years ago.

REP. VARGAS (6TH): Very good. Well you know I had experience as a Labor Representative too as I was President of the Hartford Federation of Teachers and Chief Negotiator for my local. Is this a tri-part panel over collective bargaining disputes that you're going to be serving on?

CLIFFORD SILVERS: Yes. Well if the contracts have not been settled, you move forward to arbitration. Then there's a three-person panel. Someone is chosen to represent the Union, someone represents the town or city and then there's a neutral person who's on the panel.

REP. VARGAS (6TH): That's right. I remember the tri­ part type panel. And you represent the collective targaining type organizations?

CLIFFORD SILVERS: That's right.

REP. VARGAS (6TH): Very good. It seems like you've ~ad a lot of experience. You've served on this board already and you have experience both as an educator and as an advocate for collective bargaining organizations so I think you're more than well suited 000408 12 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

to represent the interests of the exclusive collective bargaining units, tri-part type panel.

Thank you for your service and thank you Madam Chairman.

REP.JANOWSKI (56TH): Thank you. You've been serving on this board for some time.

CLIFFORD SILVERS: For many, many years.

REP.JANOWSKI (56TH): You have a lot of experience and knowhow, and all that good stuff.

CLIFFORD SILVERS: Yes.

REP.JANOWSKI (56TH): Wow. And you will continue to represent bargaining employees?

CLIFFORD SILVERS: That's correct.

REP.JANOWSKI (56TH): That should be -- of the appointment. Just one question that always comes up at the local level and also by constituents when these contracts go into negotiations -- the education contracts go into negotiation. Often I'm asked uHow does one give priority to the public interest and the school districts' financial viability in deciding any issues in terms of how do you decide what will become the high-end of the collective bargaining issue that is being taken-up"?

CLIFFORD SILVERS: Well when you go into arbitration, the statutes certainly list the requirements that the panel must deal with when making decisions. The issue 000409 13 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE of the fiscal authority capability of the town or city is determined pretty much by the evidence that's presented by both sides in the dispute. The Union makes certain presentations regarding the fiscal capability of the community and the board makes presentations. Based on the information that they bring forward to the panel, the panel then must decide what the ruling will be on specific issues as they relate to monetary issues.

REP.JANOWSKI (56TH): And how heavily is the general fund balance and perhaps the bond rating of that particular municipality? How heavily is that weighed?

CLIFFORD SILVERS: The statute says that you cannot use five percent of the monies within the city. After that you look at the financial capability and make determinations, and certainly the bond rating becomes an important issue as well. You have to sit down and decide whose issue will be awarded and whose issue will not be awarded.

REP.JANOWSKI (56TH): The more favorable the bond rating the greater opportunity there is that it will be considered as a positive factor on the part of the bargaining unit.

CLIFFORD SILVERS: Right. It will be a factor. Of course both sides will send arguments related to the bond issue.

REP.JANOWSKI (56TH): I guess that's been an argument at the local level all the time and that is the more they work at keeping their bond rating at a favorable rate and keeping that fund balance as intact as 000410 14 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

possible to be able to govern the local municipality in a more favorable light, the greater risk they are at having all of those good things considered in the decision making process when it comes to looking at negotiating contracts.

CLIFFORD SILVERS: Well, there are a variety of issues that have to be dealt with. You know when the law first came into effect regarding arbitration, it actually came into effect in 1979. Initially when parties went to arbitration we would find numerous issues before the panel. In fact I can remember going up to Ridgefield, Connecticut, when I was a field representative and we dealt with 75 issues between the parties. There was a quick awakening that that's how arbitration works.

In today's atmosphere very few towns go to arbitration. Most contract settlements with teachers are settled at the mediation level. Right now maybe there might be an average of five or six towns that end up in arbitration and that means that during the normal bargaining season about 60 to 65 districts are involved in bargaining teacher contracts. Most get settled prior to arbitration but there will always be some that get forwarded to arbitration and that's where the panel has to deal with making the decisions.

REP.JANOWSKI (56TH): Thank you very much. Seeing no further questions or comments we have one final question that we ask all of our nominees. Is there anything in your background that can be embarrassing to yourself, this body, the Governor's office, or the members of the General Assembly? 'I 000411 1 -'c­ March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

CLIFFORD SILVERS: No.

REP.JANOWSKI (56TH): Thank you very much and again congratulations on your re-appointment or re­ nomination.

C:LIFFORD SILVERS: Thank you very much for having me.

REP.JANOWSKI (56TH): Thank you.

The next and final nominee is Richard Kosinksi, esquire from Oxford to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

RICHARD KOSINKSI: I do.

REP.JANOWSKI (56TH): Thank you. Please be seated and provide us with a statement.

RICHARD KOSINKSI: Thank you. Good morning, Representative Vargas, Representative Janowski. My name is Richard H. Kosinski and it is an honor and privilege to be appointed to the Education Arbitration panel by Governor Dannel P. Malloy. My sincere thanks to this committee for the opportunity to appear before you to speak to my desire to serve as a member of the Education Arbitration panel.

I would like to say in passing that it is also an honor to follow Mr. Silvers whom I have known for many, many years. In my view he's well qualified for the position he's been nominated.

I was born and raised in New Britain, where I became a 000412 16 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

long distance runner, despite what I look like now. Teams I was on won New England championships in cross country and track. Eventually, I married a wonderful woman, Elisete V. Kosinski, and we now live in Oxford by a beautiful lake. There, I do a great deal of walking in the countryside.

I am a Cum Laude graduate of the University of Connecticut and was inducted there into Phi Beta Kappa. Having received a J.D. degree at St. John's University, I received a master's degree in Labor Law at George Washington University. As an army JAG officer, I first worked as a prosecutor and then began my adjudication career as a foreign claims commissioner in Vietnam, where I received the Bronze Star. Later, I worked at the Pentagon as an Assistant Labor Advisor in the Office of the Labor Advisor to the Assistant Secretary of the Army (installations and logistics) . My job there was to monitor strikes and how they could affect the war effort. Ironically, one strike I watched was at then Fafnir Bearing Company in my then home town of New Britain. In that capacity, I dealt with federal mediators throughout the country and later became a Commissioner of Mediation.

I returned to my then home town to practice law, concentrating on the employment relationship. At ECSU and the labor studies program at the University of Connecticut, I served as an adjunct lecturer in labor relations. I have served as Chair of the Connecticut Bar Association Labor and Employment Law Section. Arbitration and mediation are my avocations and I have served in those fields for over 40 years. Governor Weicker first appointed me to the education arbitration panel in 1991 and I have had the honor of 'I 000413 17 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE serving continuously since then.

For over 10 years I have also similarly served on the panel of neutral arbitrators under the municipal employee relations act. Since the early SO's, I have been actively involved in the Polish community, having served as National President of the Federation of Polish Americans, President of the Connecticut Polish American Congress, President of Solidarity International of Connecticut and, most recently, General Counsel of the Polish American foundation of C:::mnecticut.

I would be honored to continue my service as a neutral arbitrator representing the interests of the public in general. In our present economic times, tough decisions must be made in bread and butter matters of salaries, health insurance, pensions and other issues. I appreciate your attention and welcome the opportunity to answer any questions you may have. Thank you.

REP.JANOWSKI (56TH): Thank you and congratulations on your nomination or re-appointment. You've also been involved since 2000? Do I have that right?

RICHARD KOSINKSI: In the -

REP.JANOWSKI (56TH): In the process in this capacity.

RICHARD KOSINKSI: Oh no, since 1991.

REP.JANOWSKI (56TH): Then longer.

EICHARD KOSINKSI: Yes, Governor Weicker appointed me. 000414 18 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP.JANOWSKI (56TH): Oh wow, okay. So you also bring a lot of experience and knowledge to the table.

RICHARD KOSINKSI: I may be the most senior neutral on that panel right now.

REP.JANOWSKI (56TH): Now when you say neutral does that mean you get involved when the contract goes to arbitration?

RICHARD KOSINKSI: That's correct.

REP.JANOWSKI (56TH): Okay, and you mentioned you represent the interests of the public. How does that differ from the interests of the municipality because their goal is to come up with or negotiate the best and least expensive contract possible so they don't have to raise taxes at the local levels. So they are sort of looking at the interests of the public as well.

RICHARD KOSINKSI: Well, they always claim that. That's for sure. The interest of the public is more than merely the interest - the municipality is in effect through its Board of Education, one of the parties and there is a representative on the tri-part type panel who basically advocates in the executive sessions for the Board of Education. But public interest is more general than that because you have to be concerned about the effect on tax payers of your decisions because quite frankly the education part of any town budget is probably the most, the highest percentage, of the town budget. There is more to it than merely the interests of the I I 000415 19 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE municipality. We certainly have to consider the interests of the (indiscernible) representatives as well. The employees of that town - they are asked to serve loyalty to that town and so there has to be a balance between the interests of the Board of Education of that town and the collective bargaining representative of that town. I always view the taxpayer as number one in making decisions because it's their money. It's their money that's being used to fund the education program in that town.

R3P.JANOWSKI (56TH): Now I've never ever with the experience that I've had at the local level, I've never seen a municipality come up with a budget that is in black ink. I mean they are always in the red. That's why they constantly, every year there's a tax increase at the local level. Once in a while you might get a year where they may be a zero tax increase but for the most part there's always a tax increase and they are always blamed on negotiated contracts of fixed costs. What they call fixed costs. So in weighing the public interest how is the fact that labor costs may necessitate an increase in taxes weighed?

RICHARD KOSINKSI: The issue of whether or not there's going to be a tax increase is really the decision of the legislative body, in essence. We made the decision based on the financial capability of the Board of Education and the public interest. If the result of that is a tax increase, that's inevitable because the fact is there is a rate of inflation that goes on and is constant. Things cost more one year than they did the year prior and that's just the way the system works. There's no such thing as a free 000416 20 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

lunch. You cannot have the services which the taxpayers demand without paying for those services. Our job is to weigh the wealth factors and the bond ratings and things like that but in the end I think that we make a balanced award in our cases. If that results in a tax increase then so be it.

REP.JANOWSKI (56TH): Representative Vargas did you have any questions?

REP. VARGAS (6TH): Well first of all I want to thank Attorney Kosinksi for his willingness to serve on the Arbitration Education Board. I also see you have experience with the AAA and many other dispute resolution bodies and that you've been admitted to the practice in many different court systems in many different states including military courts. By the way I see you are a veteran so I want to thank you for your military service.

Just perhaps for those that are present in the room as this is an issue which I've had experience with, you have the Board of Education as an employer in this case. A member of the panel is the employer representative, representing the Board of Education. You have a representative representing the labor side, the collective bargaining side. Then you have the neutral which is what you're being nominated for, re­ nominated for.

The neutral many times, because the Chair asked the question, to maybe help clarify her concerns, is many times the Board of Education's priorities are not necessarily those of the city council's priorities. The city council at the end is the one that winds up 'I 000417 21 March 1, 2016 /·:eb/ cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE paying for the costs of the collective bargaining agreement, not the Board of Education. The neutral has to take into consideration all the parties, the p·u.blic, the ability to pay of the town, so you have that broader view. Also there's a lot of questions that come up for dispute resolution that have to do with language management rights versus the rights of the employee that are non-monetary issues that sometimes become issues of arbitration.

When I was considered a neutral having gone before arbitration panels in the past representing school employees in the Hartford public schools over the years that the neutral is really the arbitrator. What you have is two advisors. You have an advisor advising in favor of management. You have an advisor advising in favor of labor. But in reality the neutral is the tiebreaker. Most decisions that I saw were two to one where the neutral either sided with the labor representative and it was two to one or they sided with the management representatives two to one. Very rarely do you get a unanimous decision on an issue. And that's their role, the role of the advocate is to advise you in one direction or the other and you are the tiebreaker.

You are the person who has to look at the entire picture, and also just to remind people who may in the public listening here, that the reason Connecticut adopted this law in 1979 was after a terrible strike by the New Haven teachers where there was no ability to resolve the issues and the issues went to a labor dispute that was technically illegal however it happened. I remember going up to Camp Hartell to ~::upport the New Haven teachers. They were being held 000418 22 March 1, 2016 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

prisoners in Camp Hartell in Bridgeport, that's right. It was the Bridgeport Strike, right. The Bridgeport, not New Haven. They were incarcerated by the judge and the National Guard. There is a public interest in avoiding the disputes getting to that point.

The tri-part type panels have proven themselves as a way of resolving issues without the labor disputes which interrupt the education of our kids. There's that social good that you're looking out for and in your response to the Chair I see that you are a person who takes that very seriously. I'm very happy to support your nomination to re-appoint you to this position. It's a tough job and you have one advocate whispering in one ear and the other advocate whispering in the other ear and you have to have the wisdom of Solomon to try to come up with something that is in the best interest of the students, the teachers, the Board of Education, the city council, the taxpayers and as you said in the end the taxpayers are the ones that are your number one interest as it should be as a neutral arbitrator.

Congratulations on your re-nomination and thank you Madam Chair for the opportunity to speak on this.

REP.JANOWSKI (56TH): Thank you and I also recall the days when my children were very young and the days of the strikes. I had a lot of problems with the strikes at that time I'll tell you, not just for the students but for families and so forth. This was a way of solving that particular problem which was detrimental for the students as well as the teachers.

RICHARD KOSINKSI: Interestingly enough, the parties 'I

23 March 1, 2016 000419 /teb/cw EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE have a choice actually of just choosing a single neutral arbitrator. There is that choice in the statutes. They almost never do that and I can tell you that the information that I received from the advocate arbitrators is extremely valuable to me and my making a decision. And you're right there are two to ones, but if you have 15 issues it's not two to one on all of the issues as it jumps around from one to another. I think we have the best system in the country quite frankly.

REP.JANOWSKI (56TH): Thank you very much. Seeing no other questions or comments we have one final question that we ask all our nominees and that is, is there anything in your background that can be embarrassing to yourself, this body, the Governor's office, or the members of the General Assembly?

RICHARD KOSINKSI: To my knowledge no.

REP.JANOWSKI (56TH): Thank you very much and again congratulations on your nomination.

RICHARD KOSINKSI: Thank you.

REP.JANOWSKI (56TH): This completes the candidate testimony and I will now open it up to members of the public. Are there any members of the public here who wish to testify?

Seeing none, I declare the public hearing closed and we will convene the Committee hearing in about three minutes. I I 000420

Testimony of Sean K. McElligott Before the Connecticut Executive and Legislative Nominations Committee Hearing Date: March 1, 2016

Good Morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck­ Taylor and members of the Executive and legislative Nominations Committee. My name is Sean McElligott and it is an honor and privilege to have been appointed as a Commissioner of the Freedom of Information Commission (FOIC) by Governor Dannel P. Malloy and to be considered by this Committee today.

I am very grateful for the opportunity to share a little bit of my personal background and explain why I am interested in serving on the FOIC.

I live in Milford, Connecticut with my three children and my wife, Sarah Russell. For the past 10 years, I have been working as a trial lawyer at Koskoff, Koskoff & Bieder in Bridgeport, CT primarily handling medical malpractice cases. I also maintain an extensive pro bono practice including my work with the Connecticut Child Justice Foundation, which is an organization that provides free representation to children in DCF custody. My wife is a law professor at Quinnipiac University and she works with students in the Civil Justice Clinic to represent indigent clients who would not otherwise have counsel. I graduated from Yale law School and from Trinity College, where I majored in philosophy.

I had the privilege of serving previously as a commissioner on the FOIC as a two year legislative appointee starting in 2012. I very much enjoyed the work of the Commission. The FOIC serves a vital purpose in ensuring that people in Connecticut have access to important public information. Equally important, in my view, is that the individuals who appear before the Commission in public hearings are treated with courtesy and respect. Outside of formal hearings, everyone who works at the Commission takes pride in being accessible and helpful to citizens and municipalities alike.

For me personally, the Commission is an opportunity to serve the state in a public capacity that is different from my day job as a trial lawyer. I enjoy the deliberations that occur between the Commissioners considering a case. Interestingly, and appropriately given the mandate of the Commission, these deliberations occur publicly and are sometimes televised. There are also situations where Commissioners might disagree which each other as to the appropriate outcome, I enjoy the discussion of the competing legal principles.

As this Committee is aware, the FOIC is tasked with interpreting the Connecticut Freedom of Information Act in the context of appeals from the decisions of municipalities and state agencies that come before the Commission. The Connecticut FOI Act itself is an interesting statute in that it begins by creating broad access to all records maintained by any public agency, but the Act then enumerates different exceptions where the requested information is not subject to disclosure. The amount of Information that may be obtained by <1 citizen is governed largely by the Commission's Interpretation of the proper scope of the exceptions. Each exception is animated by its own set of policy considere1tions, some of which have been explored extensively by our state courts. Accordingly, the work of the Commission is dynamic and I look forward to continuing to work with my fellow Commissioners to properly interpret and apply the Act. II

000421

I hope that this Committee finds me to be an acceptable candidate to serve as one of Governor Malloy's appointees on the FOIC. Thank you for the opportunity to address you all in support of my application. I would be happy to answer any questions that you may have. I I

000422

Testimony before the Executive and Legislative Nominations Committee Testimony of Clifford Silvers Education Arbitration Board

Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Committee.

My name is Clifford Silvers and I am honored to appear before you today to speak about my desire to continue to serve on the Education and Arbitration Board as a Labor Representative.

I reside in Milford Connecticut with my lovely wife Evelyn who I have been married to for 55 years.

We have two adult children, our daughter Stacy Carlo who is married to her husband Rick and our son Scott Silvers who is married to his wife Claudia.

We also have three precious granddaughters Megan, Arianna and Juliette.

During my career I have worked in the field of education for 42 years, 10 years as a teacher in Bridgeport and 32 years for the Connecticut Education Association.

During my 32 years at CEA I worked 11 years as a Field Representative, 3 years in the Communications Department and my final 18 years I was the Director of Affiliate and Member Development Department that was in charge of negotiations, grievances, organizing and membership training.

I retired from CEA in 2004. While employed at CEA and when I retired I have continued to serve as a Labor Advocate Arbitrator for the Education Arbitration Board.

One year after my retirement I was appointed as a Labor Arbitrator at the State Board of Mediation and Arbitration.

I am also an Arbitrator for the Better Business Bureau (BBB).

Approximately 3 years ago I was appointed as a Public Member on the State Teachers Retirement Board (TRB).

My years of service in the field of education have been rewarding and I developed strong friendships and working relationships with those who I have worked with all these years.

I want to thank you for being given the opportunity to appear before you today and sincerely hope that I will be able to continue to serve as a Labor Arbitrator tbr the Education Arbitration Board.

I would be happy to answer any questions you have for me at this time. Thank you. I I 000423

TESTIMONY BEFORE EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE TESTIMONY OF RICHARD KOSINKSI EDUCATION ARBITRATION BOARD '

GOOD DAY, SENATOR DUFF, REPRESENTATIVE JANOWSKI, SENATOR KANE, REPRESENTATIVE BUCK-TAYLOR AND MEMBERS OF THE EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITfEE. MY NAME IS RICHARD H. KOSINSKI AND IT IS AN HONOR AND PRIVILEGE TO BE APPOINTED TO THE EDUCATION ARBITRATION PANEL BY GOVERNOR DANNEL P. MALLOY. MY SINCERE THANKS TO THIS COMMITTEE FOR THE OPPORTUNITY TO APPEAR BEFORE YOU TO SPEAK TO MY DESIRE TO SERVE AS AN MEMBER OF THE EDUCATION ARBITRATION PANEL.

I WAS BORN AND RAISED IN NEW BRITA IN, WHERE I BECAME A LONG DISTANCE RUNNER, DESPITE WHAT I LOOK LIKE NOW. TEAMS I WAS ON WON NEW ENGLAND CHAMPIONSHIPS IN CROSS COUNTRY AND TRACK. EVENTUALLY, I MARRIED A WONDERFUL WOMAN, ELISETE Y. KOSINSKI, AND WE NOW LIVE IN OXFORD BY A BEAUTIFUL LAKE. THERE, I DO A GREAT DEAL OF WALKING IN THE COUNTRYSIDE.

I AM A CUM LAUDE GRADUATE OF UCONN AND WAS INDUCTED THERE INTO PHI BETA KAPPA. HAVING RECEIVED A J.D. DEGREE AT ST. JOHN'S UNIVERSITY, I RECEIVED A MASTER'S DEGREE IN LABOR LAW AT GEORGE WASHINGTON UNIVERSITY. AS AN ARMY JAG OFFICER, I FIRST WORKED AS A PROSECUTOR AND THEN BEGAN MY ADJUDICATION CAREER AS A FOREIGN CLAIMS COMMISSIONER IN VIETNAM, WHERE I RECEIVED THE BRONZE STAR. LATER, I WORKED AT THE PENTAGON AS AN ASSISTANT LABOR ADVISOR IN THE OFFICE OF THE LABOR ADVISOR TO THE ASSISTANT SECRETARY OF THE ARMY (INSTALLATIONS AND LOGISTICS). MY JOB THERE WAS TO MONITOR STRIKES AND HOW THEY COULD AFFECT THE WAR EFFORT. IRONICALLY, ONE STRIKE I WATCHED WAS AT THEN FAFNIR BEARING CO. IN MY THEN HOME TOWN OF NEW BRITAIN. IN THAT CAPACITY, I DEALT WITH FEDERAL MEDIATORS THROUGHOUT THE COUNTRY AND LATER BECAME A COMMISSIONER OF MEDIATION.

I RETURNED TO MY THEN HOME TOWN TO PRACTICE LAW, CONCENTRATING ON THE EMPLOYMENT RELATIONSHIP. AT ECSU AND THE LABOR STUDIES PROGRAM AT UCONN, I SERVED AS AN ADJUNCT LECTURER IN LABOR RELATIONS. I HAVE SERVED AS CHAIR OF THE CONNECTICUT BAR ASSOCIATION LABOR AND EMPLOYMENT LAW SECTION. ARBITRATION AND MEDIATION ARE MY AVOCATIONS AND I HAVE SERVED IN THOSE FIELDS FOR OVER 40 YEARS. GOVERNOR WEICKER FIRST APPOINTED ME TO THE EDUCATION ARBITRATION PANEL IN 1991 AND I HAVE HAD THE HONOR OF SERVING CONTINUOUSLY SINCE THEN. FOR OYER 10 YEARS I HAVE ALSO SIMILARLY SERVED ON THE PANEL OF NEUTRAL ARBITRATORS UNDER THE MUNICIPAL EMPLOYEE RELATIONS ACT. SINCE THE EARLY '80S, I HAVE BEEN ACTIVELY INVOLVED IN THE POLISH COMMUNITY, HAVING SERVED AS NATIONAL PRESIDENT OF THE FEDERATION OF POLISH AMERICANS, PRESIDENT OF THE CONNECTICUT POLISH AMERICAN CONGRESS, PRESIDENT OF SOLIDARITY I I

000424

INTERNATIONAL OF CONNECTICUT AND, MOST RECENTLY, GENERAL COUNSEL OF THE POLISH AMERICAN FOUNDATION OF CONNECTICUT.

I WOULD BE HONORED TO CONTINUE MY SERVICE AS A NEUTRAL ARBITRATOR REPRESENTING THE INTERESTS OF THE PUBLIC IN GENERAL. IN OUR PRESENT ECONOMIC TIMES, TOUGH DECISIONS MUST BE MADE IN BREAD AND BUTIER MA TIERS OF SALARIES, HEALTH INSURANCE, PENSIONS AND OTHER ISSUES.

I APPRECIATE YOUR ATIENTION AND WELCOME THE OPPORTUNITY TO ANSWER ANY QUESTIONS YOU MAY HAVE FOR ME. THANK YOU. I I 000425

THE Co:":.\"EcncrT GE:.\"ERAL AssDIBLY

R<~v,·e,emori1'e C!aiH' Jm1o11·1k1 Co-Chrlir F!fh· Six!l1 Di1rricr

Executive and Legislative Nominations Committee

PUBLIC HEARING AGENDA

Thursday, March 3rct. 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW

House Joint Resoluton(s)

Angel B. Perez from Hartford, to be a member of the New England Board of Higher Education

Gerald T. Weiner, Esquire from Woodbridge, to be a member of the Education Arbitration Board

Senate Joint Resolution(s)

William Devane Logue, Esquire from West Hartford, to be a member of the Education Arbitration Board

Laurie G. Cain, Esquire from Simsbury, to be a member of the Education Arbitration Board II I 000426

2016 Executive and Legislative Nominations Committee

3/3 PH Attendance Committee Leadership:

~Rep. Janowski, Claire (Co-Chair)

Sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice Chair)

't1 Rep. Vargas, Edwin (Vice Chair)

Rep. Buck-Taylor, Cecilia (Ranking Member) lf Sen. Kane, Robert (Ranking Member)

Committee Members:

Rep. Albis, James

,./ Rep. Berger, Jeffrey

Rep. Camillo, Fred

Sen. Crisco, Joseph

Rep. Dargan, Stephen

Sen. Doyle, Paul

Sen. Fasano, Leonard

Rep. Giegler, Janice

Rep. Godfrey, Bob

Sen. Guglielmo, Anthony

Sen. Hartley, Joan t!Rep. Perillo, Jason 'I 000427 1 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

CHAIRPERSONS: Representative Janowski, Vargas. Senator Duff.

SENATOR: Kane

REPRESENTATIVES: Berger, Perillo

R~P. JANOWSKI (56TH): I'd like to convene the public hearing of the executive and legislative nominations committee. I'm Representative Clair Janowski, Co­ chair of the committee with Senator Duff, who will be here shortly and we have a four. Before we get started Ethan, can you do the mandated announcement please.

ETHAN: In the interest of safety, I would ask you to note that the exits for the hearing room and two doors through which you entered - in the event of an emergency, please walk quickly to the nearest exit. After exiting the room, go to your right and exit the building by the main entrance or follow the exit signs to one of the other exits. Please exit quickly and follow any instructions for Capitol police. Do not delay and do not return unless you are advised to do so and it is safe to do. In the event of a lock-down announcement, please remain in the hearing room. Stay away from the exit doors and seek concealment behind desks and chairs until all-clear announcement is heard.

REP. JANOWSKI (56TH): Thank you and with that we will call up our first nominee, and that is Angel Perez 000428 2 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

from Hartford to be a member of the New England Board of Higher Education. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

DR. ANGEL PEREZ: Good day Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is Dr. Angel B. Perez and it is an honor and privilege to be appointed to the New England Board of Higher Education to represent the state of Connecticut by Governor Dannel P. Malloy.

My sincere appreciation to this committee for the opportunity to appear before you and express my desire to serve on New England's Board of Higher Education.

I was born in Ponce, Puerto Rico, and raised in New York City. I was admitted to college through an opportunity program in New York State and that access to higher education gave me (a first-generation college student) a chance to live a life I could never have imagined. The powerful impact college has had on my life led me to dedicate my entire career paying it forward. A fully funded college education led me to earn a PhD, become a Fulbright Scholar, teach at the college level, conduct research on student success issues, and travel all over the world to speak on issues of American Higher Education. I have spent my career working in higher education on both coasts of the United States, and I also spent a few years working as a public high school counselor in New York City, helping students navigate the college admissions process.

I currently serve as Vice President for Enrollment and Student Success at Trinity College here in Hartford. In this role, I oversee the Offices of Admissions, 000429 3 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

Financial Aid, Institutional Research, Career Development and Retention. I am responsible for managing Trinity's enrollment, but I also spend a lot o= time strategizing around student's success when they arrive on our campus. I also think deeply about how to ensure students are prepared for not just careers and graduate school upon graduation, but how to lead meaningful, productive lives of service in Hartford and beyond. One of the areas I oversee is Career Development, where we spend a lot of time helping students engage Harford through internships, service, and research - with the goal of not just helping students further their own careers, but also i~agining Connecticut as a place where they can put d8wn roots and stay after graduation.

My professional experiences have led me to this moment and I believe I am qualified to serve the New England Board of Higher Education. I have served in leadership positions at several colleges in the US and have served in advisory and leadership positions for Fulbright, The College Board, The Coca Cola Scholarship Foundation and schools like Skidmore College and the University of Southern California. I write about higher education in mainstream media publications like the Los Angeles Times, The Times in the U.K. and The Buffington Post. I think deeply about higher education and how it impacts the future of our state and our nation. In fact, I teach a course at Trinity called Higher Education in America. I have undergraduates study and critique higher education through a socio-political and historical lens. Listening to them each week as they share their own stories of how decisions made by higher education administrators and politicians directly impact their lives and their College experience is very powerful. I 000430 4 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

learn more from them each week than I ever could have imagined.

It is for this reason that I have an interest in serving on the New England Board of Higher Education. I would like to represent the voices of students, faculty, staff and other stakeholders in the state of Connecticut. I want to help lead New England higher education leaders work to expand education opportunity and service in our region. Higher education is a strong driver of our region's economy -not just from a financial perspective, but also that of human and social capital. The decisions we make impact the future competitiveness of our state and region. Given the various roles I have played in higher education and secondary organizations, I believe I am well suited to serve our state in this role.

My experience as an administrator, researcher, teacher, and board member of educational organizations over the years has prepared me for this role. My passion for creating greater access to higher education and strategizing around how it contributes to our state and region's economy will lead me to serve in this role with passion and purpose.

I would like to thank each of you on the committee for giving me the opportunity to appear before you today, and I would be happy to answer any questions you may have. REP. JANOWSKI (56th): Thank you and congratulations on your nomination it is a volunteer position. Appreciate your willingness to serve. You mentioned in your testimony that, that your college education was fully funded, gave you an opportunity to excel and do, be where you are today. How did that happ~n? w~ 'I 000431 5 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M. don't have that in Connecticut, so I'm trying to get a better idea how you were able to access that.

DR PEREZ: That was actually a long time ago. The program still does exist. New York State has a program called the Higher Education Opportunity Program, and so part of the funding comes from the state of New York, but then private colleges and universities come up with the other half of the funding. I think at this point it's probably more than half that the colleges are actually putting up themselves.

REP. JANOWSKI (56th): This is an unusual board that you are being appointed too. It's a regional board and I do have another question. It's an opinion it's not a trick question, but I'll ask that later because i·: has, it's more relevant to a bill that we're doing here, in the education committee. What I did want to ask you have to do more with, are there any particular issues that you would like to see promoted during your time on this particular board, since it is a regional b~ard and there is going to be a lot of ideas and a l~t of avenues and sharing of ways to better have education opportunities in New England not just Connecticut.

DR. PEREZ: Yeah I mean what I would like to see is really a conversation around collaboration between different states and also public private partnerships. One of the challenges I think that we have at a place like Trinity College being a small liberal arts institution, is really trying to collaborate with others institutions and also looking at economies of scale, you know and maybe if we partner with other institutions I think it would be great for budgets across the board. So I'm particularly interested in 000432 6 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

this position because it's not just Connecticut, it really could bring in other states and really help us enhance our offerings here in this state.

REP. Janowski (56th): I'm also interested in what you indicated, you mentioned Trinity College. I am a graduate of Trinity College, and what led me to Trinity College was the opportunity to be able to formulate a college pursuit program for the Aetna institute for Corporate Education in Hartford, through Manchester Community College and as a result of doing that for the Aetna Corporate Institute, the Institute for Corporate Education in Hartford, it led me to attend Trinity College and be able to continue some of that there. So I'm very interested in this Higher Education in America course that you're teaching. Can you just give a little flavor of what that is?

DR. PEREZ: Sure

REP. JANOWSKI (56TH): Because that seems like it would be an asset to the appointment on this board that you are going to be on. DR. PEREZ: Yes it's actually really interesting because most courses on higher education are taught at the graduate level, but I thought it was really important to teach it at the undergraduate level. And so what I try and do is have students look at higher education through a sociological perspective, historical perspective, understand the history but then also understand what the current challenges of American higher education are. They all do research projects on one particular ar@a of higher education, I I 000433 7 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M. but what I find also is that as we engage students in some of the challenges of higher education, that actually getting their responses and talking to them about their own current experiences helps me as an administrator to feed that information back in terms o: what can we be doing to serve our students better?

REP. JANOWSKI (56th): And this is a, is this a credit course or is this

D~. PEREZ: It is, Yes.

REP. JANOWSKI (56th): It is a credit course. Ok

DR PEREZ: It's in the educations studies department.

REP JANOWSKI (56th): Ok, that's great. And one other question and again it's not a trick question. I'm just looking for your opinion because it's something that we are doing here at the state level. I think a few years ago we did pass successful legislation to allow the children of illegal immigrants or undocumented immigrants who are here in the Connecticut the opportunity to pay in-state tuition and I believe that, that has worked out well. There's another bill before us currently that would allow them to access tuition assistance. I'm not sure what that means. I believe its enable legislation. It would sive colleges and universities the opportunity to decide for themselves, but I'm sure there would have 0004~4 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

to be criteria, because you can't discriminate and it would have to be available to all and not just those that have been here for certain periods of time, as children. I believe that would have to be the case. Because you could not discriminate to one age group, as to when they were here versus another. So how important do you think that is? I mean, where do you see that? Just an opinion.

DR.PEREZ: Yes, I actually think it's important, and the institutions that I have worked at in the past several years including Trinity College actually do fund undocumented students in higher education. Now it's a little different because we are not using any state funding. We are using entirely the funding of the institution, so obviously it's a different take, but I do think that what they bring to the classroom in the part of the experience, how they can (inaudible) to our community. We have found it absolutely extraordinary so we want to continue that kind of commitment and so if that could happen at the state level as well I think it would be fantastic.

REP. JANOWSKI (56TH): This is in a bill from what I understand. It is enabling. And It does not open it up to either state or federal funding because it's -­ you can't do that at the federal level. It is prohibited at this point for undocumented - as it is currently prohibited with state funding. So it would be private funding sources that would be opened up. SO you see that as an asset? , I 000435 9 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

DR. PEREZ: I do see that as an asset, not only for the student but for the institution as well.

REP. JANOWSKI (56TH) And I thank you so much for that information.

DR.PEREZ: Thank you very much for having me.

REP. JANOWSKI (56TH): It's been very helpful to me in my own decision making process because we are going to be voting on it today; in committee, in committee. Ok seeing no other questions or comments, we have one final question that we ask of all our nominees and that is, is there anything in your background that can prove embarrassing to yourself, this body, the Governors office, the members of the General Assembly?

DR. PEREZ: Not that I'm aware of.

REP. JANOWSKI (56TH): Thank you very much and again congratulations on your nomination.

C·R. PEREZ : Great . Thank you.

FEP. JANOWSKI (56th): The next nominee is Gerald Weiner Esquire from Woodbridge to be a member of the Education Arbitration Board. Please raise you right 0004~~ March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

hand. Do you swear to tell the truth nothing but the truth so help you God?

MR. WEINER: I do.

REP. JANOWSKI (56TH): Thank you very much please provide us with a statement.

MR.WEINER: Thank you. Good morning Representative Janowski, Representative Perillo and all other members of the Executive and Legislative Nominations Committee. My name is Gerald Weiner and it is an honor and privilege to be reappointed as a member of the Education Arbitration Board by Governor Malloy.

My thanks to this committee for the opportunity to appear before you to speak about my desire to serve on this Board.

Just a little bit about my background. I have lived in Connecticut for my entire adult life and moved to Woodbridge with my wife in June of 1972 and continue to live in the same house where we raised our three children. I started my law firm with my partner in June of 1971, in Bridgeport, and remained with that firm as managing partner for 45 years until December of 2014 when I retired from the firm. I became of counsel to a law firm in New Haven; that is called Susman, Duffy & Segaloff, where I have practiced law since January of 2015. During the course of my 45 years in private practice, I have engaged in a wide variety of legal matters including litigation, corporate law, real 'I 000437 11 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M. estate law, family law, and municipal law. Since retiring from my Bridgeport firm about a year ago, I have focused on my arbitration practice as a neutral arbitrator in interest arbitrations, education arbitrations, and grievance arbitration, as well as a member of the labor panel of the American Arbitration Association.

I am currently the Chairman of the State Board of Mediation and Arbitration, which as you know deals with grievance arbitrations between municipalities and unions; I currently serve on the Education Board which I am before you here today. And am a member of the Labor Panel of the American Arbitration Association; a~d am a member of the interest arbitration panel under the Labor Department.

I have always believed in giving back to our community and accordingly I have served as Chairman of the Board Of Trustees for Griffith Hospital for eight years and currently serve as an officer of its board. I am Vice Chairman of the Tweed New Haven Airport Authority; a member of the Board of Directors of Connecticut Renaissance; and served as a member of the Investment Advisory Council of the Treasurer's Office, as well as participate in many other Civic and Political organizations.

In summary, while in law school I never imagined that I would be an arbitrator in Labor Disputes, but now recognize how rewarding and satisfying this work is and appreciate the opportunity to continue in this capacity.

I want to take this opportunity to thank you for your consideration of my appointment and would be pleased to answer any questions you may have. 000438 12 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

REP. JANOWSKI (56TH): Thank you. This is a -- I was going to say voluntary position in a sense. You, first of all I looked at your resume and obviously you have a great deal of experience as an arbitrator.

MR WEINER: Thank you.

REP JANOWSKI (56TH) And this is a reappointment for you?

MR. WEINER: Yes.

REP. JANOWSKI (56TH): So you know the process, you know every. I Mean you know, you can just get in there from the get go. So that's wonderful, and it is a reappointment. How frequently are you called in to serve as arbitrator? Because I know that you're -­ It's something you are called in to do as needed. Correct?

MR. WEINER: Yes that is correct. What happens in these arbitrations as well as arbitrations, interest arbitrations, the party's management, and the union get the opportunity to choose their own individual arbitrator and those two arbitrators together with management and the union chooses a neutral arbitrator which is my position? So you don't get called in unless you're chosen by both parties to serve as a neutral arbitrator. In the education arbitration , I 000439 13 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M. field, I would say during the past year I've had maybe perhaps 7 or 8 appointments to arbitration panels. I think most of those have settled between the parties, the panel was chosen but then the parties continue with negotiations to try and resolve any disputes they may have. Substantially most of those arbitrations have settled. I think I've had one this past year that was not settled, which was ongoing. Interest arbitration, same thing. You have to be chosen by the p~rties and then you serve and in those cases, more than the education arbitrations those cases usually, are more likely to go ahead without a settlement.

REP. JANOWSKI (56TH): And when you are called in, you are actually -- I'm trying to understand how the payment works. You are actually paid based on every day that you actually serve, not because you were called in.

MR. WEINER: That's correct. The statute under the education arbitration board permits a mutual arbitrator to set his or her daily per diem rate and the per diem rate is split equally between management and labor.

EEP. JANOWSKI (56TH): And you indicated that you are selected by the two parties to enter the picture and how do they know to choose you? Nothing. I'm just -­ do they have a list from the state?

MR WEINER: Yes 000440 14 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

REP. JANOWSKI (56TH): That says that okay here's all our appointed neutral arbitrators. You know. Pick the one. Agree on one of them between the two of you and this is how-- is this how it's done?

MR. WEINER: That's precisely how it's done. Anybody that is approved by this committee goes on a list that the Education Department and the management can mutual. The management and the union get to choose from that list. I believe the statute says, mutual arbitrators shall not be less than ten, no more than 15 appointed by the governor, and confirmed by the committee.

REP. JANOWSKI (56TH): Seeing that you have been called in, it seems there, there seem to be more contracts that have been ending up as close to arbitration as possible - that you're being called in for. Do you see that number increasing, more contracts going into arbitration, as the economic climate has worsened, or is there more agreement between the parties to settle for a lot less knowing the climate that's out there so that it doesn't go to arbitration?

MR. WEINER: My experience has been because of the type of economic times that we've had since 2008, certainly up until 2013-2014 we've had more and more cases that have been settling because the parties, the union and management both recognize that there is a finite amount of resources to keep things going. So I I 000441 15 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M. there has engendered more settlements. I think the last year or so when things have started to change a little bit not a lot but a little bit, seems to be mere opportunity for a contested case.

REP. JANOWSKI (56TH): I have no further questions. Any other comments from other members?

Representative Perillo.

REP. PERILLO (113TH): Madam Chair thank you. I don't have to ask you too many questions. We've worked together in the past in your capacity on the Griffin Hospital board, but just one for my own personal interest. Being the neutral arbiter is, arbitrator is probably the hardest. Management is knowing where their arbitrator is coming from. Labor is knowing where their arbitrator is coming from. How do you balance, you personally, balance that so that there can be agreement from both management and labor? That you serve as the neutral arbitrator. I know that there are some neutral arbitrators that are chosen frequently, and there are some who are never chosen. Seven times in a year is a lot of cases. What's your thought process on that?

MR. WEINER: This year there was approximately six or seven which was more than previous years but. My thought process is that any time you serve as a neutral you have, you have to deal with two constituencies, management, labor and each one choose their own arbitrator. Those arbitrators are advocates for their respective principles. So not only do we 000442 16 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

have the opportunity as a neutral to hear the arguments made by the parties themselves, but each party has an advocate, that when we go into an executive session to decide these cases, argue the point of their respective parties, which by the way I think works out very well. It's always wonderful as far as I'm concerned to be able to get perspectives from both parties in our executive sessions, and learn what the, where the parties need to be to get a resolution. I listen to both sides and we're fortunate to have very competent and experienced arbitrators on both sides. You have to just as anything else, our basically judging what the result should be. I take all the information in together with briefs and exhibits and evidence that I heard and try and come up with a fair and equitable decision.

REP. PERILLO (113TH): Appreciate it and again thank you for your willingness to continue serving.

MR. WEINER: and thank you for your help with Griffin Hospital, which is one of my favorite.

REP. PERILLO (113TH) Mine too.

MR. WEINER: Organizations.

REP. JANOWSKI (56TH) Other questions or comments?

Senator Kane. I I 000443 17 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

SENATOR KANE (32ND): Thank you Madam Chair. I apologize for being late and missed your testimony. J~st to piggyback off what Representative Perillo asked you. I served on my local town council for six years before I got elected to the State Senate and -­ the things that was always a concern of ours in our home town. We do a good job of budgeting, and we keep a good fiscal house in order, yet the ability to pay ha.s always been a detriment to the town. And that's looked at by arbitrators to say 'hey, you've got this money in your fund balance so you can pay'. What's your feeling on that?

MF~. WEINER: Well you know, that's one of the balancing acts that we must consider as a neutral arbiter, is the ability, and the statute is very clear financial capability as a municipality is one of the top priorities on where this particular arbitration s~ould be. I think in its wisdom the legislature has i~cluded in the statute that governs us, the ability for the local municipality to have its financial director, its treasurer be party to the preceding to present the view point of the town council of the town or the administration that actively serve to give testimony to the financial capability of the town. T~at is a key criterion and you can't really make a valid award unless you take that into consideration. So the overriding responsibility is to view the capability and what other demand the municipality has or.. its resources to keep the town going. On the other hand we have to look at the needs of the employees and tt.e unions and we try to balance a fair and equitable result of that grievance as stated, but I think the 000444 18 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

positive aspect of our system is the municipality not only the board of education as a party but the municipality themselves have their representatives sitting at the hearing and offering evidence.

SENATOR KANE (32ND): Thank you for that, like I said sometimes it's almost a penalty for doing the right thing you know. For keeping a good fiscal house and having a sustainable fund balance so you get a good bond rating. And then all of a sudden it gets like you said very high listed on the criteria that's taken into consideration. It can work against you so, I'm just curious what your feeling would be on that so thank you Madam Chair.

REP. JANOWSKI (56TH): Seeing no further questions or comments we have one final question that we ask all our nominees, is there anything in your background that would prove embarrassing to yourself, this body, the members of the General Assembly or the Governor's office.

MR. WEINER: No.

REP. JANOWSKI (56TH): Thank you very much and again congratulations on your nomination.

MR. WEINER: Thank you, very much. I I 000445 19 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

REP. JANOWSKI (56TH): The next nominee is William Devane Louge Esquire from West Hartford to be a member of the Education Arbitration Board. Please raise your r~ght hand. Do you swear to tell the truth, nothing but the truth, so help you God?

MR. LOUGE: I do.

REP. JANOWSKI (56TH): Thank you, please provide us with a statement.

MR. LOUGE: Good day, Representative Janowski, Senator Kane, Representative Perillo, and the other members of the Executive and Legislative Nominations Committee. My name is Bill Logue. I am pleased and honored to appear before you today and to have been re-nominated by Governor Malloy to the Department of Education Panel of Impartial Arbitrators. I deeply appreciate the opportunity to appear before you to express my desire for reappointment and to answer any questions you may have. I look forward to serving the interest of the public should I be reappointed. For almost 30 years I have devoted my career to the practice, instruction and study of conflict resolution. I live in West Hartford where my three children were products of the public schools. I was born in New Haven and although I moved away from New Haven when I was five years old, I maintain close ties through extended family to the state, and returned in 1982 to attend law school at UConn. After graduation in 1985, I briefly practiced law before joining a private dispute resolution firm where I I I

0004~~ March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

helped form panels of mediators and arbitrators, arranged mediations and arbitrations and occasionally mediated matters. From 1990 through 1994 I had the honor, and privilege, of working with Senior US District Judge Robert C. Zampano who was the designated settlement judge for the District of Connecticut. In that position I was responsible for assisting Judge Zampano in resolving the variety of matters that were referred to him by other members of the Connecticut Federal bench.

In 1994 I established an independent practice as a neutral, trainer and consultant to individuals, groups, associations, corporations, law firms, foundations and public organizations. I have assisted parties in a wide range of matters including employment, workplace, collective bargaining, commercial, construction, family business and other matters. In the public policy arena I have facilitated environmental, child welfare and human service issues here in Connecticut in Massachusetts and New York. I currently serve on the Department of Education's Mediation Panel, the US Postal Service Redress Panel and several other panels.

In the academic, public and corporate settings I have been a teacher and trainer of mediation, conflict management, and negotiation skills. As part of my consulting practice I advise foundations, nonprofits and public clients on program feasibility, design and evaluation.

Over the years I have had the privilege of serving on a number of boards and committees. Most relevant to this appointment are service with the Connecticut Bar Association where I am past chair of the Dispute Resolution Section and past co-chair of the Standing I I 000447 21 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

Committee on Dispute Resolution in the Courts. I also serve as chair of the Connecticut Bar Foundation James Cooper Fellows and was recently elected as a Fellow of the American Bar Association.

My career has been devoted to impartial work with the goal of achieving solutions that benefit all parties. Over the years I have been accustomed to taking on difficult issues with humor, humility and, I hope, g~ace under pressure. I appreciate your consideration and hope you will allow me to serve the citizens of Connecticut. I welcome the opportunity to answer any questions you may have.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination. This is also a reappointment. You have been serving in a lot of experiences, mediator for some time. Have you, how often have you been called during the last year.

MR. LOUGE: During the last year I was called several times but they settled, as an arbitrator but they settled before hand and asked to serve as a mediator in one and that also settled. So it has been a quite year in the last year. In previous years it's gone up a:1.d down depending on the number of contracts that are being negotiated

R3P. JANOWSKI (56TH): So your main function is to scare them into settling. When they call you they settle. 000448 22 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

MR. LOUGE: Well I think often what happens is as parties realize that they are turning over the decision making to somebody else, they want to retain it in their own hands. So it's not unusual to begin an arbitration process, and then the parties realize that they come closer through that and then they settle and do a stipulated agreement. That's also happened a number of times that I have served.

REP. JANOWSKI (56TH): And just following up on a conversation or question that was asked by Senator Kane with the last individual. He mentioned a fund balance, and the ability to pay. I just wanted to follow up and ask you, how important is the favorable bond rating that a municipality has? Because I know that the having the fund balance healthy, but at the same time having a very healthy bond rating can also be a means of, I guess, justifying or making the decision that particular municipality does have the ability to pay.

MR. LOUGE: Well certainly a favorable bond rating for a municipality allows it to borrow money at the lower rate, which enhances its general economic condition. The Statutory criteria give priority to the public interest and the financial capability of the municipality, so certainly that it the initial screening criteria, and then you look at the remaining criteria of prior negotiation, the employee group, the cost of living in the existing conditions, general labor market, and apply those in the context of the priority criteria. So you have to look at this overall and certainly it's a consideration. You 'I 000449 23 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M. listen to what evidence the parties put on. There have been times in rulings where I may have felt inclined to go one way or the other but the evidence was insufficient to support it. And also under the s~atute there are other ways that the legislature in i~s wisdom have chosen to address this. Certainly as t~e prior person testified, there's stability for the finance folks from the town to participate in the process. If there's a ruling that the municipality disagrees with they can in essence a review panel. SO w~ile we try to do the best we can, there are checks a~d balances on us as well.

RE:P. JANOWSKI (56TH): Thank you very much. Any other q·~estions from committee members?

S·:nator Kane

SENATOR KANE (32ND): Thank you Madam Chair, just to follow up on that conversation, so how many cases have you done or been a part of over the years, you had to g·~ess?

MR. LOUGE: Eight to ten is my guess.

SENATOR KANE (32ND): Oh that's it?

MR. LOUGE: Yes, it comes and goes. 000450 24 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

SENATOR KANE (32ND) : Where do you think your vote lies in those eight to ten cases? Mostly on one side, on the other side, half and half?

MR. LOUGE: They went with whatever I saw as the evidence that was presented and the statutory criteria. If I was looking to favor one side or the other or worried about getting the next case, then I shouldn't be appointed to this panel. It's about doing what the evidence and the criteria say. I've served on several fairly controversial matters, and I call them as I see them. I think what I can say is I one which I think was pretty controversial on the next round I was asked to mediate amongst those parties. So I take that as a vote of confidence.

SENATOR KANE (32ND) Who chooses the arbitrator?

MR. LOUGE: So, the parties do.

SENATOR KANE (32ND) Together?

MR. LOUGE: Together. Well in association with their party appointed arbitrators in consultation with them. And where they fail to reach an agreement the state department of education essentially looks at the full available panel of folks that have been approved by the governor and this committee and they draw one out of the hat. 'I 000451 25 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

SENATOR KANE (32ND): Ok. Thank you. Thank you Madam Chair.

R3P. JANOWSKI (56TH): Thank you. Other questions or comments? Seeing none we have one final question that we ask all nominees, is there anything in your background that could prove embarrassing to yourself, this body, the members of the General Assembly, or the Governor's office.

MR. LODGE: Nothing that I'm aware of.

REP. JANOWSKI (56TH): Thank you very much and again congratulations on your nomination.

MR. LOUGE: And thank you for the opportunity to appear before you.

REP. JANOWSKI (56TH): The next nominee and final nominee is Laurie Cane Esquire from Simsbury to be a member to the Education Arbitration Board. Please raise your right hand, do you swear to tell the truth nothing but the truth.

MS. CAIN: I do.

REP. JANOWSKI (56TH) Thank you please provide us with a statement. 000452 26 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

MS. CAIN: I want to start by saying that I have just come from the eye doctor who dilated my pupils so I having a hard time seeing the microphone, never mind seeing who you guys are. I feel a little bit like a mole sitting here but I can see that we have Senator Kane and Representative Janowski, Representative Perillo. Good day to you all. I have this two page thing written out, I mean I'm happy to read it to you. I can't see it so maybe I'll just talk extemporaneously.

REP. JANOWSKI (56TH): Talking is fine. As long as we have it for the record, don't worry about it just.

MS. CAIN: I've been doing this for twenty five years, it's what I really love to do. Before working as a full time arbitrator I spend ten years working for the Travelers in the law department. I also clerked for a Southern District Court judge and for a judge in the Connecticut Supreme Court; all things that I found very interesting but my preference has always been in the municipal labor conflict arena. Maybe because I have four children and I've always had to work out their ups and downs and their wants and their needs and try and find out what is fair for everyone. I guess the one thing haven't really heard talked about is there is a mediation process that is involved by statute prior to going to the education arbitration panel and I sit on the mediation list as well as the arbitration list, and actually I'm the only person in Connecticut that does both things. I've been doing this since 1990. I'm on every panel that there is out there to get work. I work probably three to four days I I 000453 27 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M. a week doing arbitration, and when I'm not sitting at the head of an arbitration panel, I'm writing, because for everything you do except for mediating, you have to put out a written work product. Which I strive to have done in a manner in which anybody reading may not at::-JTee with my opinion, but they sure as heck know how I got to the answer that I got to. I think that's very important. I also conduct teacher termination hearings in the state of Connecticut another very i::1.teresting position. And I do believe in advocate for arbitration in the state on both grievance and i~terest sides. I think I have gained the support of both union and management during my twenty-five years a::1.d I am always trying to handle my cases in a timely manner, with integrity and fairness and potentially some sense of humor. I very much want to continue doing my work on this TNA panel. On a personal note, I think I mentioned I'm the mother of four children, a::1.d I'm very involved with their lives, probably too i::1.vol ved, most of them would say. But I'm also very i::1.terested in maintaining my career because three of my four have flown the coop, and I have more time to S?end doing the kinds of things that I want to do, of w~ich this panel is certainly one of the. SO o~viously I would appreciate being re,re,re,re,re,re, n~appointed, and I would be very happy to answer any q·~estions or comment on anything that you might want me to comment on.

R~P. JANOWSKI(56TH): Thank you, and congratulations o~ your nomination. You've been doing this for quite some time. 000454 28 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

MS. CAIN: I have.

REP. JANOWSKI(56TH): And you certainly bring a lot of mediation experience to the table. You mentioned that you serve both of or that you are what's called the mediation list as well as an arbitration list. What's the difference between the mediation list and the arbitration list? (inaudible)

MS.CAIN: Do you mean what is the difference in being What does a mediator do differently than a --

REP. JANOWSKI(56TH): Right, (inaudible) called to be on the mediation, from the mediation list.

MS. CAIN: I would say this year I did probably eight to ten mediations. It's required by statute that you go before a mediator and the idea being that the mediated result is always better than an arbitrated one because in an arbitration the panel never really quite certain which of the issue are important to either side. You just have to weigh the evidence and give result, but in mediation you quickly learn from each side what they're offering that's just posturing or what are the things that they are really really looking for. I mean it's a, it's, I think great process. Each of the groups sit in different rooms, and as the mediator I move from room to room keeping notes trying to be clever about ways to maybe have an issue take care of without having to award one side or the other. Once you're in arbitration it's the last , I 000455 29 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M. best offer, final binding arbitration, so it's either this or this. In mediation if somebody is here and somebody is here, my view would be to push them toward the middle and try and get a settlement, and one of the ways that I try and do that is to keep reminding the parties that when they go to arbitration the process is out of their control and they are going to spend a whole bunch of money, and why wouldn't the attempt to have a mediated result if at all possible. Often we don't solve the contract that night but we do remove a ton of issues from the mediation platform so the less issue going to arbitration and other times there's a settlement reached. It is funny because I've always said nothing ever happens till after rridnight, and typically you start working with rr.ediation around four or five in the afternoon and I've never been out of a mediation before midnight. Somehow at midnight the Cinderella thing starts or something and people get a little more realistic, get a little more, you know, willing to kind of let some things go and if we make it till midnight, generally there will be an agreement reached by three or four in the morning.

l'~EP. JANOWSKI (56TH) : I think by that time they get tired and they just want to go home.

MS. CAIN: They're tired of me that's for sure. I get tired.

EEP. JANOWSKI(56TH): That's the way it gets with council meetings when I was on the council. And you 000456 30 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

never serve as a mediator and arbitrator on the same case.

MS. CAIN: Absolutely not. Then I'd know where everybody stands. Unfair. An arbitrator has to go in with an open mind and have no idea what's going on with either side.

REP. JANOWSKI (56TH): Very good. Other questions from committee members? Senator Kane.

SENATOR KANE (32ND) No questions, just she spelled her name wrong.

MS.CAIN: I was going to say I thought you spelled your name wrong. Isn't it Cain and Able. I think I'm able.

REP. JANOWSKI (56TH): Alright no other questions? Seeing no other questions from the committee members, we have one final question that we ask all our nominees and that is, is there anything in your background that can prove embarrassing to yourself, this body, the members of the general assembly, or the governor's office?

MS. CAIN: No there are not. 000457 31 March 3, 2016 wcj/mc Executive and Legislative Nominations Committee 11:00 A.M.

REP. JANOWSKI (56TH): Thank you very much and congratulations on your nomination.

MS. CAIN: Appreciate it.

REP. JANOWSKI (56TH): Are there any members of the public here to testify? Seeing that there are no members of the public here to testify and we have completed the candidate testimony, I declare the public hearing closed and we will convene the committee meeting in three minutes. I I

000458

Executive and Legislative Nominations Committee Testimony of Angel Perez New England Board of Higher Education

Good day Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members ofthe Executive and Legislative Nominations Committee. My name is Dr. Angel B. Perez and it is an honor and privilege to be appointed to the New England Board of Higher Education to represent the state of Connecticut by Governor Dannel P. Malloy.

My sincere appreciation to this committee for the opportunity to appear before you and express my desire to serve on New England's Board of Higher Education.

I was born in Ponce, Puerto Rico and raised in New York City. I was admitted to college through an opportunity program in New York State and that access to higher education gave me (a first­ generation college student) a chance to live a life I could never have imagined. The powerful impact college has had on my life led me to dedicate my entire career paying it forward. A fully funded college education led me to earn a PhD, become a Fulbright Scholar, teach at the College level, conduct research on student success issues, and travel all over the world to speak on issues of American Higher Education. I have spent my career working in higher education on both coasts of the United States and I also spent a few years working as a public high school counselor in New York City, helping students navigate the college admissions process.

I currently serve as Vice President for Enrollment and Student Success at Trinity College in Hartford. In this role, I oversee the Offices of Admissions, Financial Aid, Institutional Research, Career Development and Retention. I am responsible for managing Trinity's enrollment, but I also spend a lot of time strategizing around their success when they arrive on our campus. I also think deeply about how to ensure students are prepared for not just careers and graduate school upon graduation, but how to lead meaningful, productive lives of service in Hartford and beyond. One of the areas I oversee is Career Development, where we spend a lot of time helping students engage Harford through internships, service, and research - with the goal of not just helping students further their careers, but also imagining Connecticut as a place where they can put down roots and stay after graduation.

My professional experiences have led me to this moment and I believe I am qualified to serve the New England Board of Higher Education. I have served in leadership positions at several colleges in the United States and have served in advisory and leadership positions for Fulbright, The College Board, The Coca Cola Scholarship Foundation and schools like Skidmore College and the University of Southern California. I write about higher education in mainstream media publications like the Los Angeles Times, The Times in the U.K. and The Huffington Post. 1think deeply about higher education and how it impacts the future of our state and our nation. In fact, I teach a course at Trinity called Higher Education in America. I have undergraduates study and critique higher education through a socio-political and historical lens. Listening to them each 'I

000459

week as they share their own stories of how decisions made by higher education administrators and politicians directly impact their lives and their College experience is very powerful. I learn '110re from them each week than I ever could have imagined.

It is for this reason that I have an interest in serving on the New England Board of Higher Education. I would like to represent the voices of students, faculty, staff and other stakeholders in the state of Connecticut. I want to help lead New England higher education leaders work to expand education opportunity and service in our region. Higher education is a strong driver of our region's economy- not just from a financial perspective, but also that of human and social capital. The decisions we make impact the future competitiveness of our state and region. Given the various roles I have played in higher education and secondary organizations, I believe I am well suited to serve our state in this delegate role.

My experience as an administrator, researcher, teacher, and board member of many educational organizations over the years has prepared me for this role on the New England Board of Higher Education. My passion for creating greater access to higher education and strategizing around how it contributes to our state and region's economy will lead me to serve in this role with passion and purpose.

I would like to thank each of you on the committee for giving me the opportunity to appear before you today. I would be happy to answer any questions you may have. . I 000460

Executive and Legislative Nominations Committee Testimony of Gerald Weiner Education Arbitration Board

Good afternoon Senator Duff, Representative Jascowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is Gerald Weiner and it is an honor and privilege to be reappointed as a member of the Education Arbitration Board by Governor Malloy.

My thanks to this Committee for the opportunity to appear before you to speak about my desire to serve on this Board.

I have lived in Connecticut for my entire adult life and moved to Woodbridge with my wife in June of 1972 and continue to live in the same house where we raised our three children.

I started my Law Firm with my partner in June of 1971 in Bridgeport and remained with that firm as managing partner for forty five years until December of 2014 when I retired from the firm. I became Of Counsel to a Law Firm in New Haven, Susman, Duffy & Segaloff, where I have practiced law since January of 2015. During the course of my forty five years in private practice J have engaged in a wide variety of legal matters including litigation, corporate law, real estate, family law and municipal law. Since retiring from my Bridgeport firm about a year ago I have focused on my arbitration practice as a Neutral Arbitrator in interest Arbitrations, Education Arbitrations, and Grievance Arbitration as well as labor arbitrations before the American Arbitration Association.

I am Chairman of the State Board of Mediation and Arbitration which as many of you know deals with grievance arbitrations between municipalities and unions; serve on the Education Board that I am here before you today about; a member of the Labor Panel of the American Arbitration Association; and am a member of the interest arbitration panel under the Labor 000461

Department.

I have always believed in giving back to our community and accordingly served as Chairman of the Board of Trustees of Griffin Hospital for eight years and currently serve as an officer of its Board; I am Vice-Chair of the Tweed New Haven Airport Authority; a member of the Board of Directors of Connecticut Renaissance; and served as a member of the Investment Advisory Council of the Treasurer's Office, as well as participate in many other Civic and Political organizations.

In summary, while in law school I never imagined that I would be an arbitrator in Labor Disputes, but now recognize how rewarding and satisfYing this work is and appreciate the opportunity to continue in this capacity. I want to take this opportunity to thank you for your consideration of my appointment and would be pleased to answer any questions you might have. ',I

000462

Testimony before the Executive and Legislative Nominations Committee Testimony of William DeVane Logue Education Arbitration Board

Good day, Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is Bill Logue. I am pleased and honored to appear before you today and to have been re-nominated by Governor Malloy to the Department of Education Panel of Impartial Arbitrators. I deeply appreciate the opportunity to appear before you to express my desire for reappointment and to answer any questions you may have. I look forward to serving the public interest should I be reappointed. For almost 30 years I have devoted my career to the practice, instruction and study of conflict resolution. I live in West Hartford where my three children graduated from the public schools.

I was born in New Haven and although I moved away before I was five, many extended family members caused me to maintain ties to the state until1982 when I returned full time to attend law scrool at UConn. After graduation in 1985, I briefly practiced law before joining a private dispute resolution firm where I helped form panels of mediators and arbitrators, arranged mediations and arbitrations and occasionally mediated matters. From 1990 through 1994 I had the honor, and privilege, of working with Senior US District Judge Robert C. Zampano who was the designated settlement judge for the District of Connecticut. In that position I was responsible for assisting Judge Zarnpano in resolving the variety of matters that were referred to him by other members of the Connecticut Federal bench.

In 1994 I established an independent practice as a neutral, trainer and consultant to individuals, groups, associations, corporations, law firms, foundations and public organizations. I have assisted parties in resolving a wide range of matters including employment, workplace, collective bargaining, commercial, construction, family business and other matters. In the public policy arena I have facilitated environmental, child welfare and human service issues here in Connecticut and in Massachusetts and New York. I currently serve on the Department of Education's Mediation Panel, the US Postal Service REDRESS Mediation Panel and several other panels.

In the academic, public and corporate settings I have been a teacher and trainer of mediation, conflict management, and negotiation skills. As part of my consulting practice I advise foundations, nonprofits and public clients on program feasibility, design and evaluation.

O•ter the years I have had the privilege of serving on a number of boards and committees. Most relevant to this appointment are service with the Connecticut Bar Association where 1 am past chair oi the Dispute Resolution Section and past co-chair of the Standing Committee on Dispute Resolution in the Courts. I also serve as chair of the Connecticut Bar Foundation James Cooper Fellows and was recently elected as a Fellow of the American Bar Association.

My career has been devoted to impartial work with the goal of achieving solutions that benefit all parties. Over the years I have become accustomed to taking on difficult issues with humor, humility and, I hope, grace under pressure. I appreciate your consideration and hope you will allow me to sPrve the citizens of Connecticut. I welcome the opportunity to answer any questions you may have.

William DeVane Logue 33 Holllrook Roaa- west Hantoro, GT 06107 Ph: 860-521-9122 Fax: 480-393-5346 Email: [email protected] ''I 000463

Testimony before the Executive and Legislative Nominations Committee Testimony of Laurie Cain Education Arbitration Board

Good day Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members ofthe Executive and Legislative Nominations Committee. My name is Laurie Cain and it is an honor and privilege to be appointed as a member of the Education Panel as a neutral arbitrator by Governor Dannel P. Malloy. I appreciate this opportunity to appear here before you today.

Let me begin by telling you a little about myself and my credentials. I am a graduate of the University of Connecticut with a degree in Elementary Education. After graduation, I taught at the junior high school in my hometown of Naugatuck, CT., worked as a computer programmer at UniRoyal in Naugatuck, and then earned my law degree at The Northeastern University School of Law in Boston. After I received my J.D., I was honored to be selected to clerk for the Honorable Anthony Grillo on the Connecticut Supreme Court for one year and then was hired by the Travelers Insurance Company as an Associate Counsel in the Law Department.

My career as an impartial arbitrator began in 1990 with my appointment to the State Board of Mediation and Arbitration. Over the next few years, with a lot of hard work, study, and determination, I became an active member of the American Arbitration Association, the Federal Mediation and Conciliation Service, the Connecticut Employee Review Board, the Department of Corrections, the Alternative Dispute Resolution, Inc., the Office of Labor Relations P2 panel, as well as the Deputy Chair of the State Board for 6 years. I am also a proud member of the National Association of Arbitrators.

In addition to my positions in the grievance arbitration arena, I am also experienced in interest arbitration; my name appears on the lists for the first and second panels for both the Teachers' Negotiations Act and the Municipal Employees' Relations Act. I am also chosen on a somewhat regular basis to conduct Teacher termination hearings in the state. I find this particular work to be very stimulating, challenging and interesting and hope to continue to enjoy it in the future. 'I

000464

I am a believer and advocate of the arbitration process, on both the grievance and interest sides. With a reputation as an intelligent and fair-minded neutral, I have gained the support and respect of the Unions and municipalities alike over my 25 years in the business. I try always to handle my cases in a timely manner with integrity, fairness, some humor and respect for all of the parties involved. I hope that you will give me the opportunity to continue my work on the Education panel.

On a personal note, I am a mother of four who is very involved with my children's lives- too involved, some ofthem might say! -their careers and continued schooling, and in my community. I am also very interested and involved in my own career, particularly now that three of my young have fled the nest! And that career includes serving well the Governor and the State of Connecticut in my position as a neutral arbitrator on the Education panel.

I thank you for this opportunity to speak to you today. I would be very happy to answer any and all questions that you might have. Thank you again for your time and attention. , I

000465

THE CoNXECTICTT GEXERAL AssEMBLY Joint Committee on Executive and Legislative Nominations

Senn/OI' Bob Duff RepreMmtariw Claire Jm/V\rski Co-Chaf1· Co-Chair TH·elrry-fiJih Dtsn'ict F(f0• SixTh Disrricr

Executive and Legislative Nominations Committee

PUBLIC HEARING AGENDA

1 Tuesday, March 8 h, 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW

House Joint Resolution(s)

William R Connon from Canton, to be a member of the Education Arbitration Board

James C. Ferguson from Wolcott, to be a member of the Education Arbitration Board

Martin A. Gould, Esquire from West Hartford, to be a member of the Education Arbitration Board

Leslie A. Williamson, Jr. from Bolton, to be a member of the Education Arbitration Board 000466

201o Executive and Legislative Nominations Committee

~/<() Attendance Committee Leadership:

J RJP· Janowski, Claire (Co-Chair) t/ Sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice Chair)

,J Rep. Vargas, Edwin (Vice Chair)

Rep. Buck-Taylor, Cecilia (Ranking Member)

J Sen. Kane, Robert (Ranking Member)

Committee Members:

Rep. Albis, James

Rep. Berger, Jeffrey

Rep. Camillo, Fred t1 Sen. Crisco, Joseph

Rep. Dargan, Stephen

Sen. Doyle, Paul

Sen. Fasano, Leonard

Rep. Giegler, Janice

Rep. Godfrey, Bob

Sen. Guglielmo, Anthony

Sen. Hartley, Joan

J Rep. Perillo, Jason 000467

EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

OFFICIAL SPEAKER SIGN-UP SHEET

NAME oF sPEAKER: M\GhG\.eJ 1\J O~Rck~ WHO DO You REPRESENT? Nw (o..Y\O.O.v'\ 1~AK PuJu-" A.s.soct'a. hoV) NAMEOFNOMINEE: L~\~e_ U~\\~QM~ FOR~

NAME OF SPEAKER:

WHO DO YOU REPRESENT?

NAME OF NOMINEE:

FOR AGAINST

NAME OF SPEAKER:

WHO DO YOU REPRESENT?

NAME OF NOMINEE:

FOR AGAINST

NAME OF SPEAKER:

WHO DO YOU REPRESENT?

NAME OF NOMINEE:

FOR AGAINST 000468 1 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

CHAIRPERSONS: Senator Duff Senator Looney Representative Janowski Representative Vargas

SENATORS: Kane

REPRESENTATIVES: Crisco, Perillo

REP. JANOWSKI (56TH): I'd like to convene the public hearing of the Executive and Legislative Nominating Committee. I'm Representative Janowski, Co-chair of the committee with Senator Duff who should be here shortly. And we have four nominees on the agenda for today, but before we start, Ethan can you do the mandated announcement?

ETHAN: In the interest of safety, I would ask you to note that the exits for the hearing room and two doors through which you entered - in the event of an emergency, please walk quickly to the nearest exit. After exiting the room, go to your right and exit the building by the main entrance or follow the exit signs to one of the other exits. Please exit quickly and follow any instructions for Capitol police. Do not delay and do not return unless you are advised to do so and it is safe to do. In the event of a lock-down announcement, please remain in the hearing room. Stay away from the exit doors and seek concealment behind desks and chairs until all­ clear announcement is heard. 000469 2 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): Thank you and with that we will begin with our first nominee and that is William and I hope I say this right, Connon, to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth nothing but the truth?

WILLIAM CONNON: Yes, I do

REP. JANOWSKI (56TH): Thank you please provide us with a statement.

WILLIAM CONNON: Good Morning Representative Janowski, Senator Kane, Representative Buck-Taylor, and Senator Duff, who is on his way, I expect, and members of the, the Executive and Legislative Nominations Committee.

My name is William Connon, it is an honor and privilege to be considered for reappointment by Governor Dannel P. Malloy to the Education Arbitration Board representing the interests of local and regional boards of education. My sincere thanks to this committee for the opportunity to appear before you and to speak to my desire to continue serving on the Education Arbitration Board. My connections with the state of Connecticut began in 1965 when my parents moved to Stamford. Other than three years when I was attending law school in Syracuse, New York, I have resided in Connecticut ever since. My wife, Nancy and I had our first child, Katie, while we lived in East Granby and our son, Mike, while we lived in Canton, we are now empty nesters and we continue to reside in Canton, Connecticut. . I 000470 3 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

After passing the Bar in 1976, I began working for a law firm that specialized in the field of education and public sector labor law, other than a brief period of time where I was employed as a member of the cooperate department for combustion engineering in Windsor, I continued to focus my legal practice in the area of public sector labor relations representing Connecticut Boards of Education. Over the years I have represented dozens of Connecticut school districts in collective bargaining with teacher and administrator bargaining units.

I have also served as a Board of Education representative on an advisory arbitration panel before passage of the current Last Best Offer Binding Arbitration Law. Over my career, I estimate that I have negotiated, in the neighborhood of, two hundred certified collective bargaining agreements on behalf of Connecticut Boards of Education. Our state's Last Best Offer Binding Arbitration Law has been a success for many years. The disruption to school systems caused by teacher strikes is part of Connecticut's long distance, distant past.

Another benefit to this law is the stability it is introduced into the development of municipal budgets and virtually every Connecticut community, the teacher's contract is that community's single largest financial commitment. Our time tested certified employee collective bargaining law allows ample time for the contract negotiations to be resolved so that the community can accurately resolve how much to budget. Having been an advocate in this system for so many years, it is also fascinating and rewarding to participate as an arbitrator. It would be my honor and privilege to 000471 4 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

continue my participation on the Education Arbitration Board representing the interests of local and regional boards of education. Thank you for this opportunity today to speak to my reappointment. Are there any questions?

REP. JANOWSKI (56TH): Thank you. Congratulations on your nomination. It's not clear in the paperwork but this is a reappointment?

WILLIAM CONNON: Reappointment, yes.

REP. JANOWSKI (56TH): And how long had you been serving for previously? In various capacities.

WILLIAM CONNON: As an advocate, since the early 1970s, mid 1970s, as a member of this panel, since 2013.

REP. JANOWSKI (56TH): Thank you and this is, you, this is a position where you are called in and

WILLIAM CONNON: I'm one of about seven that are on a panel that represent management and we're selected by the school boards that go to arbitration in a given year. And typically, about five to six go, maybe ten percent say, of all of the contracts up for negotiation in a year end up going to arbitration and some of those end up stipulating but full hearings are fairly rare cause, frankly the system works.

REP. JANOWSKI (56TH): And you're being appointed, or reappointed to represent the interests of local and regional board of education. Is that, I believe , II 000472 5 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

that's the category that's often referred to as the giving priority to the public interest.

WILLIAM CONNON: That's correct Madam.

REP. JANOWSKI (56TH): Okay, different terminology is used and I just want to make sure that it fits that same category. And when we are looking at the interests or the public interest, is there, what factors, what are the major factors that you are looking at? Because I'm assuming you've done this for a number of years.

WILLIAM CONNON: Well there are quite a few and there are lots of acronyms that come into play. For example the State Department of Education ranks all the different communities according to their ability to pay, their wealth and that's the adjusted equalized net grand list per capita, an angelic ranking so that, that's one rule of thumb we use. We have labor boards, labor market areas that come into play. We always invite our representatives from the fiscal authority in our community, typically a board of finance to present coordinated presentation at the arbitration hearing. As an advocate, I'm speaking at the moment to present any evidence regarding tax collection rates, any issues facing the community, capital improvements that have been let go for years, fire engines that haven't been bought, roofs that haven't been repaired.

There are a wide number of indicators, a wide number of agencies, data collection sources that involve everything from the average gross income of a family to any number of different economic indicators, but when the dust settles, we are, we also are grouped 000473 6 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

in terms of a DRG by the State Department of Education, which is similarly situated communities in terms of, among other things, their income level and we try to compare, in an arbitration setting, the wealth of a particular school board to comparable groups, so it might be the five above and the five below in an -- ranking, it might be communities within that DRG ranking, or you may have another grouping such as too deep geographically, the communities that are closest to you, sometimes we break those down into counties such as a Fairfield County ranking or a New Haven County ranking and the object, then, is to give that arbitration panel some sort of a comparison by which they can determine whether your community is ahead of the pack in terms of spending money on public education, and included in that is certified staff salaries, middle of the pack, or maybe lagging slightly behind.

In most cases when we're going to arbitration, it's a school board that has been at least average in terms of its ability to spend money on education, assuming issues that are in arbitration are economic issues. Sometimes they are not, sometimes the parties submit very narrow lists of issues and they might just be language matters that are in the contract in dispute. The priority of the school district is always a coordinated effort with the community and any arbitration panel listens to their presentation; which, by law, their committed to make as well.

REP. JANOWSKI (56TH): And you're generally called in during the negotiations themselves correct? Not 'II 000474 7 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

necessarily, not during the arbitration process, if there is an arbitration process?

WILLIAM CONNON: Well as a member of this panel, I would be called in at the time where the parties are required to appoint a member of the arbitration panel representing management, then the union also has that same deadline, and then they combine and appoint a neutral member of the panel, so that, as a panel member, I'd come after the fact; as an advocate, I'd come in at the very outset and take part in the entire process.

REP. JANOWSKI (56TH): Okay but for this particular appointment, you would be going in as part of the arbitration process?

WILLIAM CONNON: Precisely.

REP. JANOWSKI (56TH): Okay because generally a municipality will have their own labor attorney negotiating, or town administrator as depending on the town.

WILLIAM CONNON: That's exactly right. The advocates pick the people who sit on this panel to represent them in that session, in that arbitration but they present the case.

REP. JANOWSKI (56TH): Okay other questions from committee members? Senator Kane.

SENATOR KANE: Thank you Madam Chair. Good Morning.

WILLIAM CONNON: Good Morning. 000475 8 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

SENATOR KANE: You said that you've been doing this since 2013 but been an advocate since the seventies, advocate for whom.

WILLIAM CONNON: For just boards of education. We tend to break pretty cleanly into two groups: those representing management and those representing labor, and I've been exclusively a representative for management - which is why I'm on this panel as a management representative.

SENATOR KANE: You always, I shouldn't say always; you, earlier, mentioned about a community's ability to pay, and I've asked this question to, you know, three or four of our nominees that we've had in front of us but, in my own home town, we, I think, do a very good job of, with our books and we have a pretty good, substantial fund balance and I think a lot of that has to do with good fiscal restraint. Also, we have a very high bond rating because of that, but when we've gone to arbitration, that has been looked at as a negative because of your ability to pay based on your fund balance. Where do you lie on that discussion?

WILLIAM CONNON: Well there's a, I certainly don't buy into the argument that sound fiscal management should be penalized. I think that there's a, by statute, if I recall.

SENATOR KANE: Okay, he's good.

WILLIAM CONNON: It's either, forgot whether it's under MIRA or under TNA, one of them gives you like a five percent royalty and you can't take that into consideration at all if you stay within that range. 'II 000476 9 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

Yeah the idea is to promote sound fiscal behavior and typically when we're going to arbitration, it's to continue to do that, to try to keep a cap on inflationary costs and the cost of any teacher's salary increase or any administrator's salary increase, or any related cost, or fringe benefits, are all taken in the greatest perspective of your community. It's not that the communities can't pay, it's all relative to what else is competing for those dollars so I'm sure that in a case such as yours, there would be other things that still need to have attention.

I remember doing this one time as an advocate for a community that had been putting off its capital improvements for about twenty years and one of the things they hadn't done was repair a bridge leading out of town to the point that they wouldn't allow school busses to go over the bridge. So sometimes you wonder whether you're making an impression when you're putting on your case, at the end of that hearing, a neutral arbitrator came up to me, he said, "Bill where was that bridge again? I'm heading north as I leave town here. Am I gonna be going over that road?" And so they do get it, these panel members and, I'm speaking now as a person that would be on the arbitration panel. They listen to the circumstances and they take it all in to consideration.

SENATOR KANE: Okay, no that's fair I mean, but I know that is one of the factors that comes involved and that's why I was curious but, you know, I think you're right - I think we shouldn't be penalized for handling our books in a proper way. To your point about the capital improvements, you know, we do that I I 000477 10 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

with our roads, we do that with our fire trucks, you know, and on and on. So, you know, I know our finance director has gotten awards for the work he's done, you know, and our boards in commission so I appreciate your honesty and appreciate you answering my questions. Thank you. Thank you Madam Chair.

REP. JANOWSKI (56TH): Representative Perillo.

REP. PERILLO (113TH): Madam Chair, thank you very much, and thanks for being here today. Last week, we spoke with a number of nominees who are neutral, and one of the questions that came up with them, with those folks is, why is it that you do or do not get selected to be the neutral party? So, sir, asking form your perspective, what do you look for in a neutral member?

WILLIAM CONNON: Will I first of all complement the selection that we have now before us as advocates to choose from; there are very many qualified neutrals. I look to their track records I look to my personal knowledge of them, most of them I've known for decades, I look to the reputation, not just within this forum, but many of them are arbitrators with the American Arbitration Association or other organizations that provide neutral decision makers and are basically looking for someone who's gonna give us a fair hearing and be open minded and, like I say, I have a lot of good choices these days; there's a gentleman sitting behind me that I've chosen twice in probably the last year or two.

It's a testament to the fact that there are so few arbitrations. I think, I'm just guessing they might be able to tell me more, I think last year we only 'I 000478 11 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

had about five and about the same the year before so that the fact that some of them are selected and then we have the advocate stipulating in the arbitration process, whether that's to buy a little bit more time or whether it's the deal made on the courthouse steps under the pressure of the pending decision making process, I'm not sure what the total motivation is on that but for the most part, very few do go to a hearing and I'm ultimately looking for somebody that either is gonna be receptive to a novel argument, because maybe that's the reason why we're going, or to simply give us a fair shake on economic matters if that's what we're unable to resolve our differences.

REP. PERILLO (113TH): Thank you and then just one follow up if I could, and please understand that I'm not asking you to name any names, my questions are simply, are there neutral members you would not choose?

WILLIAM CONNON: Off the top of my head, I can't think of one.

REP. PERILLO (113TH): Thank you. Appreciate it.

REP. JANOWSKI (56TH): Any other questions or comments? Seeing none, we have one final question that we ask of all our nominees; is there anything in your background that can prove embarrassing to yourself, this body, the Governor's Office, or the members of the General Assembly?

WILLIAM CONNON: No Madam Chair. I I 000479 12 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): Thank you very much and again congratulations on your re-nomination.

WILLIAM CONNON: Thank you. Appreciate it.

REP. JANOWSKI (56TH): The next nominee is James Ferguson from Wolcott to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

JAMES FERGUSON: I do.

REP. JANOWSKI (56TH): Thank you. Pleas provide us with a statement.

JAMES FERGUSON: Thank you. Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor, members of the Executive and Legislative Nominations Committee.

My name is James Ferguson, it is an honor and a privilege to be reappointed to the Education, or to be considered for reappointment to the Education Arbitration Board by Governor Malloy. My sincere thanks to this committee for the opportunity to appear before you to speak about my desire to serve on the Education Arbitration Board. In 1968, I graduated with a bachelor's degree in Geography from Southern Connecticut State University. From 1968 to 1973, I was employed by the New Haven board of education as a history teacher at Richard C. Woody High School. In 1976, after graduating from Weston New England College School of Law with a Juris Doctor and being appointed to the Connecticut Bar, I was employed as 'I 000480 13 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

a field representative and staff council for AFT Connecticut where I worked until 1984.

In 1984, I entered private practice as a partner in the law firm of Sherbeco. McQueeney and Ferguson followed by a two year stint as a partner in the firm of McQueeney and Fergusson. I began my present position as a principle in the law firm of Ferguson, Doyle, and Chester in 1989 where I continue to practice to this day. As a principle in the law firm of Ferguson, Doyle, and Chester, Our practice is concentrated on public and private sector labor law. Our clients include the AFT Connecticut, Uniform Professional Firefighters of Connecticut, and numerous other public and private sector unions throughout the state of Connecticut. During my practice of law, I was engaged in all facets of labor law including negotiation of collective bargaining agreements, representation of clients before grievance arbitration panels, I have sat as an arbitrator under both the Municipal Employees Relations Act and as a member of this Education Arbitration panel. My cases have involved salary issues, health insurance, pensions, leave benefits, promotions, demotions, layoffs, work assignments, and many other facets of labor law.

As a former teacher who had school years disrupted by three labor disputes, I fully appreciate the impact and positive effect that the Teacher Negotiations Act and binding arbitration has played in resolving disputes between labor and management. Our purpose of binding arbitration is to resolve labor disputes without disrupting the educational process and provide both labor and management an effective mechanism to resolve their differences. I 000481 14 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

believe that the binding arbitration process is a viable one that balances the interests of the tax payer, the community, and certified employees.

I look forward, with your approval, to continuing to participate in this important process. Not only do I bring my years of relevant experience as an advocate for teachers to the process, but I also bring the pragmatic experience of a tax payer and a parent of children who were educated in the New Haven public schools. Again, I am honored to appear before this committee today and in being considered for reappointment by Governor Malloy. I appreciate your attention and I welcome the opportunity to answer any questions you might have. Thank You.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination. You are being appointed as a, to represent union or bargain employees. Do I have that correct?

JAMES FERGUSON: That's correct.

REP. JANOWSKI (56TH): And you have been doing this since 2003?

JAMES FERGUSON: Yes.

REP. JANOWSKI (56TH): Wow so you bring a lot of experience and knowledge to the table.

JAMES FERGUSON: I hope so.

REP. JANOWSKI (56TH); on the average, you know given today's economy, and the way things are, how 'I 000482 15 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

often are you called in with regard to a lot of contracts going to arbitration?

JAMES FERGUSON: Not as often as we used to and that's a testament to the way the statute works. As I'm sure this panel knows, arbitration is the end result of the inability of the parties to resolve the matter directly in negotiations or through the mediation process which precedes it under the statute and when I first started doing this, negotiating like Bill in the mid-70s, there was no binding arbitration and negotiates went on for a long period of time and we had some very onerous labor disputes, ending in strikes.

That doesn't happen anymore and as the law matured and as the bargaining process matured, we see less and less groups going to arbitration. Most are resolved either in direct negotiations or in mediation. I think last year, I think we had six that went to arbitration and, of those six, I believe half of them didn't end up in a written decision by the arbitration panel. That's because the way the process works, it's last best offer issue by issue so that has a tendency to bring the parties closer together before we even get to arbitration. The process itself, because of the strict time lines, unlike MIRA that doesn't have them, parties have a tendency to bring less and less issues to arbitrations, to negotiations and deal with those that they do in direct negotiations rather than through the arbitration process. So basically what I'm saying is it works; it works for both parties, for both sides. 000483 16 - March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): And when it does go to arbitration, you mentioned the last best offer, if it does go to arbitration, at that point anything can be opened up? As I recall, when I served on the local town council, the concern was that if it does go to arbitration. The end result might be much more damaging in the long run than if it's settled through mediation and so forth before it goes to arbitration because all the parties, any of the parties can open up other things.

JAMES FERGUSON: They can open, right, they can revert if they choose to on the statute to their initial position on each issue which was exchanged based on ground rules at the outset of negotiation. In addition to being a member of this panel, like Mr. Connon, I am also an advocate, I have been representing teachers in the state of Connecticut since 1975 and had the honor of representing Representative Vargas when he was in a prior position as President and Vice President of the Hartford Federation of Teachers and Mr. Vargas knows full well what I am saying about how this statute has helped the process because we don't have labor disputes that end up in negotiation but yes the answer to your question is they can revert to that; it doesn't often happen because there's a number of TAs or Tentative Agreements that the parties continue to recognize and don't take to arbitration, but technically yes, either side could go back to their original position on all their opening issues.

REP. JANOWSKI (56TH): Thank you very much. Other questions from committee members? Representative Vargas. 'I 000484 17 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. VARGAS (6TH): Well I want to thank you for taking this on again and for doing it for so long and this issue has come up before and I've been happy to point out since that Bridgeport strike, we haven't had another teacher strike in Connecticut and you're right, people could revert to their position, but if their position is so out of line, what other contracts and other decisions that have been rendered it's for all intents and purposes they're weakening their own position by coming out with some outlandish language that's not gonna be approved by the tripartite panel. Because, in the end, all of the decisions, we have discussed this before when other people - other nominees have come up, the fact is that every decision is a two to one decision with either the neutral siding with the board of Ed Arbitrator or with the union arbitrator and it may not be the same two to one decision on every issue but it's never a three-zero decision on any issues so it kind of forces everybody toward the center to try to get the best opportunity if it does go to arbitration, what you're saying is not too many people want to take that gamble these days.

JAMES FERGUSON: Right and the advocates on both sides and the boards of education and the unions themselves recognize that they're all better served if they can resolve their disputes face to face in open negotiations rather than having a panel decide it which we certainly have to do from time to time.

REP. JANOWSKI (56TH): Seeing no other questions of comments, we have one final question we ask of all our nominees. Is there anything in your background that can prove embarrassing to yourself, this body, the General Assembly, or the Governor's Office? 000485 18 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

JAMES FERGUSON: Absolutely not.

REP. JANOWSKI (56TH): Thank you very much and again, congratulations on your nomination.

JAMES FERGUSON: Thank you very much.

REP. JANOWSKI (56TH): The next nominee is Martin Gould, Esquire from West Hartford to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

MARTIN GOULD: I do.

REP. JANOWSKI (56TH) Thank you. Please provide us with a statement.

MARTIN GOULD: Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor, members of the executive and legislative nominations committee. My name is Martin A. Gould, I am honored to nominate by Governor Dannel P. Malloy for reappointment to the Connecticut Education Arbitration Board.

I thank this Committee for the opportunity to appear before you seeking approval. I reside in West Hartford, Connecticut with my wife of over fifty years. We have two daughters, one of whom is a partner in my law firm, and five grandchildren.

I am a 1962 graduate of Boston University with a Bachelor of Arts degree. I graduated from Boston University Law School with honors in 1965. I was an I I 000486 19 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

editor of the Boston University Law Review. I then attended Harvard University School of Law and received and LLM degree in 1966. I was admitted to the Connecticut BAR in 1965, US District Court district of Connecticut and the second circuit court of appeals in 1967, the US Supreme Court in 1970, and the US tax court in 1978. I am a member of the Hartford County, Connecticut, and American Bar Associations and the Connecticut Trial Lawyers Association.

I began practice with the firm Gould, Killian and Krushevski in 1966 and I have been with the firm, now known as Gould Killian LLP since the time, since that time. I have maintained a general practice with an emphasis in public and private employment labor law, including representation of the Connecticut Education Association for over forty­ five years. I have extensive experience in general litigation and all trial courts, Connecticut Appellate, Supreme Court in the second circuit court of appeals. In connection with my representative, representation of the Connecticut Education Association, I've been involved in grievance procedures, in mediation, and arbitration of various disputes involving public employees in the review and drafting of post-legislation.

In addition, I've been an advocate for the CEA and its members in many court cases involving interpretation of education statutes. I also have extensive experience in employment discrimination matters, negotiations, and arbitration, have published articles and lectures on various aspects of public employee labor law. I have been a member of the board of arbitrators in the American 000487 20 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

Arbitration Association for over twenty years and have served as a neutral in many commercial arbitration cases for that organization. I have also been a member of the Board of Arbitrators of American Dispute Resolution Center since its inception, and have served as a neutral arbitrator for that body. As a result to my involvement and litigation over bargaining and teacher strikes many years ago, I have always strongly believed in the binding arbitration statutes and it is my opinion that this legislation has certainly improved the working relationship between boards of education and teachers.

I have been a member of the arbitration panel since 1991. I am honored to have been able to contribute to the arbitration process over the past twenty-five years and I look forward to continuing this process if my appointment is approved. Again, I thank you for the opportunity to appear before you.

REP. JANOWSKI (56TH): Thank you. Congratulations on your nomination, I see that you have, this is a reappointment.

MARTIN GOULD: Yes it is.

REP. JANOWSKI (56TH): And you also bring a wealth of experience and knowledge, you've been doing this since, I have you at 2002?

MARTIN GOULD: Since 1991 I was appointed.

REP. JANOWSKI (56TH): Oh even before then? Okay. And in this capacity, you would be representing bargaining employees, Do I have that correct? I I 000488 21 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

MARTIN COULD: Yes, that's true.

REP. JANOWSKI: Okay. Obviously you've been doing this for a long time so I'm not gonna ask you any process questions or anything like that. I do have one, a question that I would like to point out, and that is, I know in my own town, voters in the past, they haven't done it recently, like the last year or so, but in the past, a lot of the budgets are turned down basically at the polls. Primarily because there's a feeling that the, those parts of the contract or the budgets that are fixed such as salaries and employee related kind of payments are high and so they end up being turned down.

When budgets go down, in a municipality, if there is a contract being negotiated, or renegotiated, is that considered in the category of ability to pay in the negotiated process, or even past budgets going down, is that considered in the mix at all?

MARTIN GOULD: It is considered, certainly. The real question is, is there an ability to pay? Does the town have the ability or do they, the townspeople or the taxpayers association, simply don't want to pay as much? And both of those are factored in. You look at the town, you look at the grand list, you look at the businesses, you look at the income available to the town, and you also look the ability to pay, you look at what's the best interests of the town, that's priority- interest, is the public interest. So all of these things factor into what happens and because I am on the employees' side, my argument may be that they have the ability to pay, the rate is not that high, the 000489 22 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

new taxable property, and someone on the other side is arguing that they don't and it's evidence by the fact that the taxpayers have turned down many budgets and you both present your side and the neutral is essentially the one that, based upon those arguments, make the decision.

REP. JANOWSKI (56TH): Okay and is there a difference, and this may not be, this may be an unfair question, but in, and you may not like this because effects Hartford, I'm just trying to learn more about how that ability comes into play. For example, in the majority of towns in Connecticut, the tax structure is a little bit different, the property tax structure is a little bit different than it is in towns like Hartford who are assessed at a, I believe a lower level.

Is there a difference in how that ability to pay comes into play when, for example a contract in Hartford goes to negotiations or arbitration versus one in my town where properties are assessed at seventy percent of value as opposed to Hartford where properties are assessed an, I think it is now, which is what, but the assessment value is lower, I think its thirty percent of value, if I'm not mistaken. The assessment might be higher but the value is lower. So does that play into the picture of ability to pay?

MARTIN GOULD: Not really what you try to look at is the overall ability, what does the town have? What ability do they have to pay? How have they raised their money? What, certainly the mil rate comes into effect, the impact on individual, the citizens , I 000490 23 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

of the town come into effect but it's all put into the mix.

REP. JANOWSKI (56TH): Let me just rephrase that a little bit. In Hartford, for example, I think the majority of the taxes end up being paid by businesses and commercial, I think they have a higher tax rate and they have done a re-eval for a while. In my town, we're a bedroom community so, and we do a re-eval every five years, the re-evals do not change drastically when it comes to commercial and business properties but they certainly do fluctuate when it comes to residential properties so the brunt of the taxes fall on the shoulders of residents or individual taxpayers as opposed to businesses and so forth. Does that enter the mix to a great degree? Those variations.

MARTIN GOULD: I think it certainly does. I mean when you have towns that have a large business base, and that goes into the affordability I expect, there is more money available because there is a bigger base and there's more tax money coming in and that gets analyzed, you right and when the representative, the fiscal authority comes in to testify before the arbitration panel, those are things that the testimony involves that type of thing.

REP. JANOWSKI (56TH): Very good. Thank you so much. Any other questions or comments? Representative Vargas.

REP. VARGAS (6TH): You have been involved in this for a long, long time and congratulations on your re-nomination again and keep up the good work. 000491 24 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

MARTIN GOULD: Thank you.

REP. JANOWSKI (56TH): Okay, our fourth and final nominee is Leslie Williamson Jr. from Bolton to be a member of the Education Arbitration Board. Oh, I'm sorry. Thank you. We did have one final question. This is the first time this has ever happened. You must have that wonderful honest face. We have one final question we ask of all our nominees; is there anything in your background that can prove embarrassing to yourself, this body, the Governor's Office, or the members of the General Assembly?

MARTIN GOULD: There is not.

REP. JANOWSKI (56TH): Thank you very much. Again congratulations. Okay would Leslie Williamson Jr. from Bolton to be a member of the Education Arbitration panel come forward? Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

LESLIE WILLIAMSON: I do.

REP. JANOWSKI (56TH): Thank you. Please provide us with a statement.

LESLIE WILLIAMSON: Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor, and members of the Executive a Legislative Nominations Committee. My lame is Le Williamson, it is an honor and a privilege to be reappointed by Governor Malloy to the State Department of Education arbitration panel as a neutral arbitrator. , I 000492 25 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

In conjunction with this reappointment, I welcome the opportunity to appear before you today. The arbitration process under the Teacher Negotiation Act is extraordinarily important for boards of education, teachers, administrators, municipalities, and tax payers. Neutral arbitrators, that is, those representing the interest of the public in general, play an important role in this process. I believe my education, experience, professionalism, as well as the respect I have garnered from those who have presented cases before me and from my fellow arbitrators qualifies me to continue as a neutral arbitrator on this panel.

I received my BA from the University of Connecticut. After serving as a Lieutenant in the United States Army, I entered state service in the former State Personnel Department as a Connecticut career trainee, advancing to the position of principle personnel analyst. During this time, I received my Masters degree in Political Science from Trinity College, and then commenced law school, leaving state service for my last two years at law school. I received my JD with honors from Western New England College School of Law, where I was a teaching assistant and member and editor of the Law Review. Upon graduation, I accepted employment as an attorney with the State Department of Education. One of my primary responsibilities as the SDE was the administration of the Teacher Negotiation Act, then in its second year of binding arbitration.

In 2003, after more than twenty-five years of state service, I retired in order to devote full time to arbitration, mediation, and conflict management 000493 26 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

training. I currently serve as a mediator and neutral interest arbitrator with the State Department of Education. I am also an interest arbitrator, neutral interest arbitrator with the Connecticut State Board of Mediation and Arbitration. In addition, I am the chair of the State of Connecticut Employees Review Board, which hears grievance appeals from non-unionized state employees. Beyond these Connecticut panels, I serve on labor and employment arbitration panels of the American Arbitration Association, the Federal Mediation and Conciliation Service, the American Dispute Resolution Center, the Massachusetts Human Resources Division, the New Hampshire Public Employees Labor Relations Board, the Rhode Island Department of Labor, and on a pre arbitration review panel with the National Air Traffic controllers and the Federal Aviation Administration.

I am a frequent speaker on conflict management, mediation, and arbitration; and an active steering committee member and past president of the Connecticut Valley chapter of the Labor and Employment Relations Association. With your approval, I am eager to continue my service as a Department of Education arbitrator representing the interests of the public. Thank you for your time and consideration, I welcome the opportunity to respond to any questions you may have.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination. You've been in this, this is a reappointment.

LESLIE WILLIAMSON: Yes. , I 000494 27 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): And you've been doing this since 2012? Do I have that correct?

LESLIE WILLIAMSON: I've been doing it since 2007.

REP. JANOWSKI (56TH): 2007? On this particular, as a neutral arbitrator?

LESLIE WILLIAMSON: That's correct. Yes.

REP. JANOWSKI (56TH): Okay, 2007, alright. And you mentioned that in addition to that, that you are involved with conflict management, as a conflict management instructor. Is that on a consultant basis to others or is it with a firm?

LESLIE WILLIAMSON: No that's just primarily doing seminars at the various conferences.

REP. JANOWSKI (56TH): Okay, so it's on a consultant type basis?

LESLIE WILLIAMSON: That is correct Madam.

REP. JANOWSKI (56TH): As like a self-employed individual kind of thing.

LESLIE WILLIAMSON: Not too much money flows but you.

REP. JANOWSKI (56TH): Okay so you would be, this is an appointment as a neutral arbitrator and you had mentioned that as a neutral arbitrator, you would be representing the interests of the public. Do I have that correct Le? 000495 28 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

LESLIE WILLIAMSON: That's correct. That's the way the statute reads.

REP. JANOWSKI (56TH): Okay. What does that mean? When we say this interests of the public, most people think the interest of the public means tax payers but I think it's more than that so, a lot more than that, so if you could elaborate on, in your view, what does that mean?

LESLIE WILLIAMSON: I think when they passed the Teacher Negotiation Act in 1979 with binding arbitration, instead of saying neutral arbitrator, they categorized it as representing the interests of the public in general which paralleled the arbitrators who represent the interests of boards of education and the arbitrator represents the interests of employee unions. So that's another term for a neutral arbitrator.

REP. JANOWSKI (56TH): As an arbitrator who is a management arbitrator, that would represent the specific interests of the board of education, let's say, in that particular town, and then we have an arbitrator, if it goes to arbitration, you have these different parties, and then you have an arbitrator who would represent the interests of the unions and then we have an arbitrator who would be neutral representing the interests of the general public.

LESLIE WILLIAMSON: That's correct. I'm the one that sits in the middle. I'm the individual that runs the hearing that runs the executive session that writes the decision. 000496 29 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): Okay, that's what I was trying to get at. So you're the one in the middle because you don't have a particular side, you're looking at it more at the whole picture in a sense. That's your job is to look at the whole picture and ultimately, who makes the decision? I'm just trying to get a handle on it. When there is an agreement, how does that agreement come about?

LESLIE WILLIAMSON: When there's an agreement or an arbitration award?

REP. JANOWSKI (56TH) An arbitration award. With all the parties there, is it the job of the neutral arbitrator to make the decision as to the award or do they still have to kind of all work together to come up with a joint decision?

LESLIE WILLIAMSON: Well, what happens is, we have an arbitration hearing or hearings where the parties present evidence to the panel. The panel is usually three people - again, an arbitrator representing the interests of the boards, representing the interests of the employees, and the neutral. Once we finish the hearings, then the parties file briefs, we look at the briefs, all the evidence submitted, and when I say we, it's the panel- the three of us in executive session, look at that and in the executive session make a determination. The neutral doesn't make the only determination because someone always has to side with the neutral on an issue.

Very rarely do the two advocate arbitrators out vote the neutral. In fact I don't believe that's ever happened. So it would be the last best offers, we discuss the last best offers, analyze them, then 000497 30 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

come to the decision, either on side or the other joins the neutral and that's the decision for the parties.

REP. JANOWSKI (56TH): And what happens if a municipality, for example, once the decision is made, doesn't like the end result? Or doesn't agree with the settled.

LESLIE WILLIAMSON: I can't think of that happening. No, well it happens sometimes and the, once the arbitration award is issued, municipality has the opportunity to reject that award. If they reject the award, then it goes to a second arbitration panel, composed of three neutral arbitrators.

REP. JANOWSKI (56TH): And they do that by bringing it before the local body, correct?

LESLIE WILLIAMSON: That's correct.

REP. JANOWSKI (56TH): They bring it before the local council or town council, city council and it is their job to either vote it up or down.

LESLIE WILLIAMSON: That's correct.

REP. JANOWSKI (56TH): And generally, they don't really take it up unless their voting it down, at least as I recall in my town.

LESLIE WILLIAMSON: Very few rejections of arbitration awards in the past ten years. Do they occur? Yes, they do but fewer than in the first ten win arbitration for starting. , I 000498 31 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): I think I can recall it only happened in my town on one and it was because somebody was trying to make a statement basically on the council at the time. I think that the person, the mayor, wanted to make a statement, send it back to arbitration and I mean, you know just get it out of here and it became very controversial. And by the way it didn't work because we ended up paying more in the long run.

LESLIE WILLIAMSON: I believe that was last year and I was the neutral and what had happened was

REP. JANOWSKI (56TH): This had happened a few years ago in my town. I'm from Vernon so it happened about twelve years ago or so. Representative Vargas?

REP. VARGAS (6TH): Yes. Thank you, Madam Chair. I'd just like to say that, first of all, congratulate you on your reappointment and also thank you on your military service and I have had, this morning feels like I am in a reunion of old labor relations colleagues here. The, I know most of the people that have some here this morning personally and have worked with them in the past so I've got to say, you've always been very professional and I remember you back in the days when, I guess you go back to Commissioner Torazi, or close to that

LESLIE WILLIAMSON: Commissioner Ship.

REP. VARGAS (6TH) Commissioner Ship, wow. Can you imagine that? 000499 32 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

LESLIE WILLIAMSON: Back when I had hair and a red beard.

REP. VARGAS (6TH): That's right. I remember you also were the person in charge of providing public information, right? Access public information or did you do some of that with labor relations and these kinds of issues?

LESLIE WILLIAMSON: I did a little of everything.

REP. VARGAS (6TH): A little of everything. Well you were the council right?

LESLIE WILLIAMSON: I was one of the attorneys in the office of legal and government affairs, yes.

REP. VARGAS (6TH): That's right, so I think your reputation precedes you and you know I always believed that the neutral arbitration was really the public interest arbitrator. You know? I know that the Board of Ed arbitrators like to think of themselves as the public interest arbitrators but we always saw them as the management arbitrator, the labor arbitrator, and the neutral is the true public interest arbitrator so I have to look at the big picture, the kids, the tax payers, the town, labor peace, you know the whole big picture of public interest.

And it is an awesome responsibility and I'm glad that it's not called upon quite as often just for, Madam Chair was asking questions on this process, Boards of Ed also have the ability of just picking a neutral arbitrator and not picking the interest arbitrators, but nobody ever seems to use that 000500 33 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

because I think people want the neutral arbitrator to get the benefit of having the other two advocates bring out information to make a more informed decision so do you feel that way too?

LESLIE WILLIAMSON: I do. I think the advocate arbitrators play an essential role in this both during the hearing process and also during the executive session. Their input in their arguments are invaluable.

REP. VARGAS (6TH): Well thank you very much and thank you. Madam Chair for the opportunity.

REP. JANOWSKI (56TH): Thank you. Seeing no other questions or comments, we have one final question we ask all our nominees, and that is; is there anything in your background that can prove embarrassing to yourself, this body, the Governor's Office, or the members of the General Assembly?

LESLIE WILLIAMSON: I do not believe so.

REP. JANOWSKI (56TH): Thank you very much and again congratulations on your nomination.

LESLIE WILLIAMSON: Thank you.

REP. JANOWSKI (56TH): This concludes the candidate portion of the testimony. I will now call, are there any members of the public that wish to testify? I would call Michael, I hope I say this right, Nowacki from New Canaan from the New Canaan Tax Payers Association and for testimony, I believe, have you given testimony for the record? 000501 34 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

MICHAEL NOWACKI: I did submit to the clerk this morning, hard copies, I have not because I didn't want to, I wanted to listen to each one of the testimonies.

REP. JANOWSKI (56TH): Okay but it is in the record? Ethan you have it? We have it for the record and would appreciate there are three minutes if you could capture major points that you would like to make that would be wonderful. Thank you.

MICHAEL NOWACKI: Thank you. My name is Michael Nowacki, for the record, 319 Lost District Drive, New Canaan, Connecticut and I am the founder of the New Canaan Tax Payer's Association LLC.

I am here today to oppose the re-nomination of Leslie A. Williamson and I am alleging that Mr. Williamson along with Thomas Mooney from Shipman and Goodman and the union obstructed the public's right to know that this matter was going to arbitration from the very beginning. There was never a vote in a board of education meeting for attribution to indicate that the public could weigh in at that point in time before the arbitration was started on October the first of last year. I have in front of me, a copy of the decision that was reached and written by Mr. Williamson. I contacted Mr. Williamson because the public has the right because we ultimately pay the cost of the arbitration that occurred here, which we believe was in excess of a hundred thousand dollars to the tax payers between Shipman's fees, and the fees for the "neutral arbitrator." , I 000502 35 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

We have serious issues here about the lack of disclosure of a covenant in the prior contract referenced as Appendix C. A union contract is a defined benefits agreement and that last time that this occurred in the fiscal frame of 2013 and 16, this issue of Appendix C was never voted upon by the town council, it was withheld. So the only way that the board of education and the union could preserve Appendix C which was brought, by the way, to the attention of the audit committee because Mr. Williamson doesn't seem to be able to read a financial audit effectively because there were material weaknesses in the operation of the Board or Education in the town audit, and he did not reflect upon the fact that the audit was under consideration by the audit committee for this year and that the audit just came out last Friday and found, again, material weaknesses in the operation of the Board of Education which has to do with the subject of teacher retirements and a failure to declare those.

All of this was brought to Mr. Williamson's attention in a four page email that I have distributed here today. The man never returned the phone call; he never provided a copy of the transcript, even though there's a stenographer that is available and records these proceedings. This man's conduct represents honest services fraud underneath the RICO statutes. You cannot be aware of consuls of a contract that was never approved and never address the issue in arbitration and that the withholding of that information from the arbitrators in this particular situation, in which there are stipends now that are being paid to the tune of $772,000 through Appendix C that have no cap, and 000503 36 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

they make the competition for teacher in other areas unaffordable.

But Mr. Williamson's conduit of not returning phone calls, not providing a copy of the transcript, where the evidence in this case is a serious breach of his fiduciary responsibilities and I would like to note one thing lastly for the record; there is no neutral arbitrator in this state that is from Fairfield County. How can Mr. Williamson, from Bolton, Connecticut have any assessment, whatsoever about what's in the public interest in Fairfield County? He's never lived there, and he doesn't represent us. That's it.

REP. JANOWSKI (56TH): We do have the testimony, for the record and it will be on the

MICHAEL NOWACKI: And, your honor, I am going to submit a complete copy of the arbitration agreement, which I had to acquire from the town clerks and I want this committee, before it votes, to look at what this man writes, okay? And what the record shows is quite different from what the man says about the fiscal responsibility of the operation of the town of New Canaan. Just the body of his work is writing the decision as he just testified to. I'm gonna submit that document.

REP. JANOWSKI (56TH): We appreciate your testimony, it is part of the record, it will be made part of the record.

MICHAEL NOWACKI: Thank you. , I 000504 37 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): And we have it here. Our decision will be based on the public hearing at this point and that's all we have for you to be able to do. But I do appreciate.

MICHAEL NOWACKI: Are you saying that you're not going to consider the actual arbitration in writing of this decision?

REP. JANOWSKI (56TH): I am telling you at this point that your testimony will be made part of the public record and we appreciate it. Your beef seems to be with the town itself.

MICHAEL NOWACKI: Not at all.

REP. JANOWSKI (56TH): You have a mayor in your town. The negotiations were done through the proper channels, through the Mayor's office. All the information that you need, you could have gotten through FOY and through the town council's office.

MICHAEL NOWACKI: Representative Janowski, you are misinformed.

REP. JANOWSKI (56TH): Unless you were a party to the negotiations and called in during the negotiation, the bodies that have jurisdiction would be the town council and the Mayor's office.

MICHAEL NOWACKI: You seem to have missed the point.

REP JANOWSKI (56TH): There seems to be, some.

MICHAEL NOWACKI: The Board of Education needed to vote. 000505 38 March 8, 2016 Rmj/wcj/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): I'm not going to argue with you

MICHAEL NOWACKI: Needed to vote on the subject of taking this matter to arbitration

REP. JANOWSKI (56TH): And I appreciate that.

MICHAEL NOWACKI: To inform the public. That never happened. So how is the public supposed to know?

REP. JANOWSKI (56TH): Why did that not happen?

MICHAEL NOWACKI: Because the Board of Education in the town of New Canaan consistently operates outside of the Freedom of Information Act.

REP. JANOWSKI (56TH): My point entirely. So this may be in litigation for all I know.

MICHAEL NOWACKI: Well it will be because this man consorted

REP. JANOWSKI (56TH): At this point we appreciate. We're done. Thank you. Okay. Any other questions or comments? Seeing none, we will close the public hearing and we will convene the committee meeting in three minutes. Thank you. , I

000506

Sent via electronic mail on March 7, 2016 to Monika Lazauskas ([email protected])

TESTIMONY OF WILLIAM R. CONNON

RE: Executive and Legislative Nominations Committee

Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck­ Taylor, and members of the Executive and Legislative Nominations Committee:

My name is William Connon. lt is an honor and privilege to be considered for reappointment by Governor Dannel P. Malloy to the Education Arbitration Board, representing the interests of local and regional boards of education.

My sincere thanks to this committee for the opportunity to appear before you to speak to my desire to continue serving on the Education Arbitration Board. My connections with the State of Connecticut began in 1965, when my parents moved to Stamford. Other than the years I was attending law school in Syracuse, N.Y., I have resided in Connecticut ever since. My wife Nancy and I had our first child, Katie, while we lived in East Granby, and our son, Mike, was born after we moved to Canton. I am happy to say that both of our kids have now left the nest and are pursuing their own lives, while my wife and I continue to reside in Canton.

After passing the bar in 1976 I began working for a law firm that specialized in the field of education and public sector labor law. Other than a brief period of time when I was employed as a member of the corporate legal department for Combustion Engineering, I have continued to focus my legal practice in the area of public sectbr labor relations, representing Connecticut boards of education. Over the years I have represented dozens of Connecticut's school districts in collective bargaining with their teacher and administrator bargaining units. I also once served as a board of education's representative on an advisory arbitration panel before passage of the current last best offer binding arbitration law. Over my career I estimate that I have negotiated in the neighborhood of two hundred certified employee collective bargaining agreements, on behalf of Connecticut boards of education.

Our State's last best offer binding arbitration law has been a success for many years. The disruption to school systems caused by teacher strikes is part of Connecticut's long distant past. Another benefit to this law is the stability it has introduced in the development of municipal budgets. In virtually every Connecticut community the teachers' contract is that community's single largest financial commitment. Our time tested, certified employee, collective bargaining law allows ample time for the contract negotiations to be resolved so that the community can accurately estimate how much to budget. Having been an advocate in this system for so many years it is also fascinating and rewarding to participate as an arbitrator.

It would be my honor and privilege to continue my participation on the Education Arbitration Board, representing the interests of local and regional boards of education. Thank you for allowing me the time to speak today, and for considering my reappointment.

ACTIVE/7.1576/WCONNON/5653658v1 'I 000507

Testimony before the Executive and Legislative Nominations Committee Testimony of James C. Ferguson March 8, 2016

Good afternoon Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is James Ferguson, and it is an honor and a privilege to be reappointed to the Education Arbitration Board by Governor Dannel Malloy. My sincere thank you to this committee for the opportunity to appear before you to speak about my desire to serve on the Education Arbitration Board.

In 1968 I graduated with a Bachelor's Degree in Geography from Southern Connecticut State University. From 1968 to 1973 I was employed by the New Haven Board of Education as a History teacher at Richard C. Lee High School. In 1976, after graduating from Western New England College School of Law with a Juris Doctor and being appointed to the Connecticut Bar, I was employed as a Field Representative and Staff Counsel for AFT Connecticut where I worked until 1984. In 1984, I entered private practice as a partner in the law firm of Sherbacow, McWeeny & Ferguson, followed in 1987 by a two-year stint as a partner in the firm ofMcWeeny & Ferguson. In 1989, I began my present position as a principal in the law firm of Ferguson, Doyle & Chester, where I continue to practice to this day.

As a principal in the law firm of Ferguson, Doyle & Chester, our practice is concentrated in public and private sector labor law. Our clients include AFT Connecticut, Uniformed Professional Firefighters of Connecticut, and numerous other public and private sector Unions throughout the State of Connecticut. During my practice of law I have been engaged in all facets of labor law, including negotiations of collective bargaining agreements, representation of clients before grievance arbitration panels, sat as an arbitrator under both the Municipal Employees Relations Act and as a member of the Education Arbitration panel. My cases have involved salary issues, health insurance, pensions, leave benefits, promotions, demotions, layoffs, work assignments, and many other facets of labor law.

As a former teacher who had school years disrupted by three labor disputes, I fully appreciate the impact and positive affect that Teacher Negotiations Act and binding arbitration has played in resolving disputes between labor and management. One purpose of binding arbitration is to resolve labor disputes without disrupting the educational process and provide both labor and management an effective mechanism to resolve their differences. I believe the binding arbitration process is a viable one that balances the interests of the taxpayers, the community, and the certified employees. I look forward, with your approval, to continuing to participate in this important process. Not only do I bring my years of relevant experience as an advocate for teachers to the process, but I also bring the pragmatic experience of a , I

000508

taxpayer and a parent of children who were educated in the New Haven public schools.

Again, I am honored to appear before this committee today, and of being reappointed by Governor Malloy. I appreciate your attention and I welcome the opportunity to answer any questions you might have. Thank you. 000509

Testimony before the Executive and Legislative Nominations Committee March 8. 2016

Good morning Senator Duff, Representative Janowski, Senator Kane, Representative

Buck-Taylor and members of the Executive and Legislative Nominations Committee.

My name is Martin A. Gould. I'm honored to be nominated by Governor Dannel P.

Malloy for reappointment to the Connecticut Education Arbitration Board. I thank this committee for the opportunity to appear before you seeking approval.

I reside in West Hartford, CT with my wife of over 50 years. We have two daughters, one of whom is a partner in my law firm, and five grandchildren. I'm a 1962 graduate of Boston University, with a Bachelor of Arts degree and I graduated from

Boston University Law School, with honors, in 1965. I was an Editor of the Boston

University Law Review. I then attended Harvard University School of Law and received an LLM Degree in 1966.

I was admitted to the Connecticut Bar in 1965, the U.S. District Court, District of

Connecticut and the Second Circuit Court of Appeals in1967, the U.S. Supreme Court in 1970 and the U.S. Tax Court in 1978. I am member of the Hartford County,

Connecticut and American Bar Associations, and the Connecticut Trial Lawyers

Association.

I began the practice of law with the firm of Gould, Killian & Krechevsky in 1966, and have been with the firm, now known as Gould Killian LLP, since that time. I have maintained a general practice, with an emphasis in public and private employment labor law, including representation of The Connecticut Education Association for over forty- 000510

five years, and have extensive experience in general litigation in all trial courts,

Connecticut Appellate and Supreme Court and the Second Circuit Court of Appeals. In

connection with my representation of the CEA, I have been involved in grievance

procedures, and mediation and arbitration of various disputes involving public

employees and the review and drafting of proposed legislation. In addition, I have been

an advocate for the CEA and its members in many court cases involving the

interpretation of education statutes.

I also have extensive experience in employment discrimination matters,

negotiations and arbitration, and have published articles and lectured on various

aspects of public employee labor law. I have been a member of Board of Arbitrators of

the American Arbitration Association for over twenty five years, and have served as a

neutral in many commercial arbitration cases for that organization. I have also been a

member of the Board of Arbitrators of American Dispute Resolution Center since its

inception, and have served as a neutral arbitrator for that body.

As a result of my involvement in litigation over bargaining and teacher strikes

many years ago, I have always strongly believed in the binding arbitration statutes, and

it is my opinion that this legislation has certainly improved the working relationship

between boards of education and teachers.

I have been a member of the Arbitration Panel since 1991. I am honored to

have been able to contribute to the arbitration process over the past twenty-five years

and I look forward to continuing this process if my appointment is approved.

Again, I thank you for this opportunity to appear before you. , I 000511

TESTIMONY BEFORE THE EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

TESTIMONY OF LESLIE A. WILLIAMSON, JR.

Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is Lee Williamson. It is my honor and privilege to be reappointed by Governor Malloy to the State Department of Education Arbitration Panel as a neutral arbitrator. In conjunction with this reappointment, I welcome the opportunity to appear before you today.

The arbitration process under the Teacher Negotiation Act is extraordinarily important for boards of education, teachers, administrators, municipalities and taxpayers. Neutral arbitrators, i.e., those representing the interests of the public in general, play an important role in this process. I believe my education, experience, professionalism as well as the respect I have garnered from those who have presented cases before me and from my fellow arbitrators qualifies me to continue as a neutral arbitrator on this panel.

I received my BA from the University of Connecticut. After serving as a Lieutenant in the US Army, I entered state service in the former State Personnel Department as a Connecticut Career Trainee advancing to the position of Principal Personnel Analyst. During this time, I received my Masters Degree in Political Science from Trinity College and then commenced law school, leaving state service for my last two years at law school.

I received my JD, with honors, from Western New England College School of Law, where I was a Teaching Assistant and member and Editor of the Law Review. Upon graduation, I accepted employment as an attorney with the State Department of Education. One of my primary responsibilities at the SDE was the administration of the Teacher Negotiation Act, then in its second year of binding arbitration. 'I 000512 · Appenrux c and the N CbA Arbitration Award Page 1 of4

From: Michael Nowacki To: lawilliamson Cc: bryan.luizzi ; tmooney ; dianna.roberge-wentzell ; robert.mallozzi ; dionna.carlson ; hazel.hobbs ; audit.committee ; dawn. Norton ; marcia - Bee: rpv47 ; rafinancial Subject: Appendix C and the NCEA Arbitration Award Date: Mon, Dec21, 201510:08 pm

Mr. Williamson:

I placed calls to your home about 12 days ago to your home number at (860) 649-9129. The phone number was provided on the official arbitration award decision filed with Town Clerk, Town of New Canaan which was time-stamped there on November 16 at the Town Clerks Office.

The message left with your wife was to return my call regarding the acquisition of the transcript of the proceedings of the matter of New Canaan Board of Education and New Canaan Education Association which were conducted pursuant to provisions in C.G.S.10-153f.

Despite two messages left with your wife, you have as of this date made no attempt to reach me at the cell phone number provided to her.

I spoke to Dr. Bryan Luizzi at a subcommittee meeting of the Town Council of New Canaan's Subcommittee at which Dr. Luizzi reviewed the Arbitration settlement.

I spoke to Tom Mooney who appeared at the Town Council regularly scheduled meeting on Wednesday, December 16, in which I raised issues about the lack of discussion of Appendix C in his presentation.

Tl1e Town Council in December 2012, was never provided a copy of Appendix C prior to approving in December 2012 a negotiated settlement of the NC Board of Education-New Canaan Education Association contract filed at the Town Clerk's Office and signed by Hazel Hobbs and Vivian Birdsall dated November 1, 2012.

Inasmuch as Appendix C was never provided to the Town Council when it met in December 2012 in which Attorney Mooney took a position on the video recorded proceeding which can be reviewed on vvww.nctv79.org, there is growing unrest in the Town of New Canaan with Attorney Mooney's

https://mail.aol.com/webmail-std/en-us/PrintMessage 3/7/2016 , I 000513

1 Appenaix c and the N CbA Arbitration Award Page 2 of4

orchestration of an arbitration proceeding impacting the taxpayers of the Town of New Canaan, in which he may not have raised the issue of Appendix C as a matter of controversy subject to the arbitration award consideration as a matter of dispute entering the arbitrator panel discussion of 11 items identified as "in dispute" and therefore the only items to be considered.

Since Attorney Mooney does not represent the interests of taxpayers in the Town of New Canaan, and the addition of a "codicil" in 2012 which was not disclosed, and since the arbitration award does not represent a "signed agreement" of the parties and therefore subject to a referendum option to challenge the "arbitrator's agreement" as null and void in light of the misrepresentations of the NCPS Board of Education with the Town Council members in December 2012 (as captured on videotape), Attorney Mooney and the NCEA conspired to not identify Appendix Cas an issue of dispute--­ inasmuch as it was an added item from the contract of 2013-2016 which was never actually approved by the Town Council members.

There were only three members of the Town Council who were members of the Town Council members (12) in December 2012, there was no discussion on December 16, 2015 until I spoke at the televised meeting in the public commentary section of the meeting towards the end of the televised meetings.

Only signed contracts can be subject to a referendum. The Town Council no vote decision on December 16, 2015 also raises issues about the validity of all portions of the agreement which expand the rights of the Board of Education to have unilateral rights granted in Appendix C to expand the number of teacher stipends and the percentage of base salaries during the course of the. arbitration award presented as a "fait accompli" by the arbitration panel you presided upon.

Therefore, a stenographer was noted in the report you issued in attendance at the proceedings of the arbitration panel.

Therefore, my call to produce such a transcript is proper pursuant to the Freedom of Information Act for you to produce.

This kind of orchestration by the New Canaan Board of Education and the NCEA to not declare an issue raised with the Audit Committee of the Town of New Canaan in a Whistleblower complaint filed with the Audit Committee in July 2015, proceeded the commencement of the arbitration meetings--and is considered relevant to the legal issue of "duty to disclose" that Appendix C was

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a matter of controversy--and avoided as a topic of arbitration by declaring in advance that the arbitration panel could only consider matters "in dispute."

I do not know if Mr. Mallozzi raised the issue of Appendix C in his comments to the arbitration panel, but it sounds like, briefs were accepted only in matters of controversy.

When allegations of "lack of truthful disclosures" by two negotiating parties who agreed not to raise the issue regarding "Appendix C", the only option for the taxpayer is to file a referendum petition.

However, that cannot be done until there is a signed contract according to Connecticut Law and there is NOTHING in your arbitration award which specifies that the signed contract must be presented to the Town Clerk within a time frame for the 2016-2019 fiscal years arbitration award.

Dr. Luizzi indicated he would contact you about the transcript subject.

I have no knowledge if he fulfilled such an email or phone call to initiate the generation of the transcript of the arbitration proceedings.

Notwithstanding, the pattern of conduct of non-disclosures of information is further defined inasmuch as a vote of the Board of Education was never conducted on the record of a public meeting set of minutes in which there was an attributed vote by the BOE to initiate the arbitration process.

There can be no "votes" in executive sessions on any subject matter. While contract discussion can be considered the subject matter of executive sessions, under no circumstances can a vote on any matter be conducted in executive session on a decision to spend taxpayer funding of an estimated $50,000 on this arbitration.

Because there is no "signed contract" deadline issued in your decision which would require the New Canaan Board of Education and the NCEA to file a signed contract, the arbitrator's panel has provided a "quixotic" decision that provides few alternatives except a request that the arbitration panel reconvene to discuss the issues surrounding Appendix C, in hopes that a resolution can be achieved which is "fully transparent".

While the arbitration panel may not have known about the controversy raised by the lack of approval of Appendix C in the 2013-2016 New Canaan Board of Education and NCEA negotiated settlement, that provides little excuse to the

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responsibility of "due diligence" concerning the award of an issued which was in controversy inasmuch as a page of an agreement eliminated from the approval of the previous contract cannot be considered legally enforced on a following contract.

Inasmuch as an "arbitration award" is considered as an encumbrance, and the Town Audit for the fiscal year 2014-2015 has not been issued, and there is a $18.6 million bond project currently subject to the notice of intent to file a referendum on the Saxe Middle School Expansion and Renovation Project, there is precious time available to respond to this email.

Please provide a written response to this email, copying all, after consulting with the Connecticut State Board of Education's Commissioner who is copied on this email.

Sincerely,

Michael Nowacki New Canaan Taxpayer's Association LLC 319 Lost District Drive New Canaan, CT 06840 (203) 273-4296 mnowacki@aol. com

https://mail.aol.com/webmail-std/en-us/PrintMessage 3/7/2016 , I 000516

•.. , i

APPENDIX C: SIDE LETTER

.uties hereby agree to the following provisions:

A... By January 1, 2013, the parties shall review all side letters executed prior to such date and jointly detennine which such side letters shall be in effect after July 1, 2013.

3. The parties shall review all extra-compensation duties and jointly determine whether any mutually agreeable revisions to such duties, and the compensation therefor, should be made .

.., The parties agree to jointly unde1take a review and updating of job descriptions, including descriptions for summer work.

). The prmdsions of Article 20(A)(l)(b)(ii) shall be implemented in accordance with the following procedures:

All levels shall participate in professional learning sessions. A calendar of such sessions shall be distributed to professional staff prior to convocation day. Each such session shall be one hour in length, including wrap time. Before school sessions shall be scheduled to end at the start of :the student day. After school sessions shall be scheduled to begin at the end of the student day. The parties recognize that this responsibility shall be implemented in a manner that fairly balances the need for such professional learning opportunities with the other personal and professional responsibilities of teachers.

~CANAAN BOARD NEW CANAAN EDUCATION EDUCATION ASSOCIATION

~'(~-~~ By ~~~~ Its Chmrperson- . Its President \.\ \ \ \ \ ""2.- J!/ ;/;c2

-52- I I 000517

THE Col\""l\""EcncrT GEl\""ERAL AssDIBLY Joint Committee on Executive and Legislative Nominations

Senator Bob Duff Repre1enmriw Claire Jai101rski Co-Chair Co-Chair Tirenry·-fifth Disfl'ict F{fry· Sixrll Disi-ricr

Executive and Legislative Nominations Committee

PUBLIC HEARING AGENDA

1 Thursday, March 10 h, 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW

Senate Joint Resolution(s)

Brian Clemow, Esquire from West Hartford, to be a member of the Education Arbitration Board

Glenn Powell from Collinsville, to be a member of the Education Arbitration Board

Steven R. Rolnick, Esquire from Hamden, to be a member of the Education Arbitration Board

House Joint Resolution(s)

Robert L. Painter from Hartford, to be a member of the Board of Directors of the Materials Innovation and Recycling Authority

Patricia M. Widlitz from Guilford, to be a member of the Board of Directors of the Materials Innovation and Recycling Authority 000518

THE CoNNECTICUT GENERAL AssEl\IBLY Joint Committee ou Executive and Legislative Nominations

Smwtor Bob Duff Repre>·enrorn·e Claire Jmi011'ski Co-Chai1· Co-Chair liremy-ji_l;l1 Dt.sn"ict Ftfry Sixrh Dis-trier

Executive and Legislative Nominations Committee

MEETING AGENDA

Thursday, March 10th, 2016

11:00 AM IN ROOM 1A OF THE LOB

I. CONVENE MEETING

II. REMARKS BY THE CHAIRS

Ill. COMMITTEE RESOLUTIONS FOR REVIEW

Senate Joint Resolution(s)

Brian Clemow, Esquire from West Hartford, to be a member of the Education Arbitration Board

Glenn Powell from Collinsville, to be a member of the Education Arbitration Board

Steven R. Rolnick, Esquire from Hamden, to be a member of the Education Arbitration Board

House Joint Resolution(s)

Robert L. Painter from Hartford, to be a member of the Board of Directors of the Materials Innovation and Recycling Authority

Patricia M. Widlitz from Guilford, to be a member of the Board of Directors of the Materials Innovation and Recycling Authority

IV. ANNOUNCEMENT OF TIME AND DATE OF NEXT MEETING

V. ADJOURNMENT 000519

2016 Executive and Legislative Nominations Committee

s/10 Attendance Committee Leadership: .J Rep. Janowski, Claire (Co-Chair)

Sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice Chair)

VRep. Vargas, Edwin (Vice Chair)

Rep. Buck-Taylor, Cecilia (Ranking Member)

~Sen. Kane, Robert (Ranking Member)

Committee Members:

Rep. Albis, James

Rep. Berger, Jeffrey

Rep. Camillo, Fred

\iSen. Crisco, Joseph

Rep. Dargan, Stephen

Sen. Doyle, Paul

Sen. Fasano,Leonard

Rep. Giegler, Janice

Rep. Godfrey, Bob

Sen. Guglielmo, Anthony

Sen. Hartley, Joan

..//Rep. Perillo, Jason 000520 1 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

CHAIRPERSONS: Representative Janowski, Vargas

SENATORS: Crisco, Kane,

REPRESENTATIVES: Perillo

REP. JANOWSKI (56TH): Thank you and welcome to the hearing of the Executive and Legislative Nominations Committee. I'm Representative Claire Janowski, Co­ Chair of the Committee with Senator Duff who is on other business and will be joining us shortly. Other members are also attending other meetings and there may be votes, there are public hearings and there are constituents meetings as well happening, including various events that legislators are attending so you will see them coming in and out to do our business here today. Before we begin, Ethan can give the obligatory announcement?

ETHAN: In the interest of safety, I would ask you to note that the exits for the hearing room and two doors through which you entered - in the event of an emergency please walk quickly to the nearest exit. After exiting the room, go to your right and exit the building by the main entrance or follow the exit signs to one of the other exits.

Please exit quickly and follow any instructions from Capitol police. Do not delay and do not return unless you are advised to do so and it is safe to do. In the event of a lock-down announcement, please remain in the hearing room. Stay away from the exit doors and seek concealment behind desks and chairs until all-clear announcement is heard. 000521 2 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): I would like to begin with our first nominee, and that is Brian Clemow, Esquire from West Hartford to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

BRIAN CLEMOW: I do.

REP. JANOWSKI (56TH): Thank you. Please be seated and provide us with a statement.

BRIAN CLEMOW: Good Morning Representative Janowski. My name is Brian Clemow and I am honored to have been re-nominated by Governor Malloy to serve of the binding arbitration panel under the Teacher Negotiations Act representing the interests of local and regional boards of education. I was born and raised in Connecticut and attended Connecticut schools. For more than forty years, I have been an employment lawyer representing public and private employers and collective bargaining and other labor matters. Upon graduation from Harvard College and the University of Pennsylvania Law School, I joined the law firm of Shipman and Goodwin in Hartford, where I was chair of the firm's labor and employment law department for many years. I have represented dozens of school districts and been involved in hundreds of interest arbitrations throughout the state.

I also negotiated labor contracts in the private sectors so I have at least one foot in, what some people call, the real world. Early in my career, I was fortunate to argue the landmark case West Hartford Education Association v. DeCourcy before the Connecticut Supreme Court. That case established 000522 3 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE the perimeters of the Teacher Negotiations Act for teacher unions and school districts across the state. I have also taught public sector labor relations at the University of Connecticut Law School and have written and studied extensively on public sector bargaining and impasse resolution.

Over the years I have been involved in various professional organizations that focus on labor management relations and have served as president of the Labor and Employee Relations Association. I have a keen interest in public education and in exploring ways to make the system more responsive to the needs of students. With particular reference to teacher and administrator compensation, I support creative approaches to encouraging and rewarding outstanding performance, although after reading the article in the current this morning that all teachers in Connecticut are rated in one of the top two evaluation categories, I'm not sure that focus is necessary anymore. I have read with interest, the various studies that have been done on binding arbitration under the Teacher Negotiations Act and the Municipal Employee Relations Act and my impression is that the outcome of the process has become so predictable that most negotiations settle at or near the average of what has emerged from prior negotiations and arbitrations.

I would not argue you that this is either a good or bad thing, but it certainly tends to show that arbitration works, at least in the sense of encouraging voluntary settlements. I am enthusiastic about being part of the arbitration process and look forward to a chance to serve. I am grateful for the opportunity to appear before you and would be happy to respond to any questions you may have. 000523 4 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): Thank you very much and congratulations on your nomination. You've been doing this for some time, I believe since 2000? Or earlier?

BRIAN CLEMOW: Well I've been involved in labor negotiations since close to the beginning of the Teacher Negotiations Act, can't give a precise year, and have been involved in binding arbitration with boards of education since that amendment was made. I haven't been a member of this panel for that long though and I believe it was the early 2000's yes.

REP. JANOWSKI (56TH): Okay, and you are being appointed as a non-neutral member representing regional boards of education.

BRIAN CLEMOW: Local and regional boards of education.

REP. JANOWSKI (56TH): Local and regional- that's right. Okay that's a very good distinction. I mean you obviously have a lot of experience in labor relations, employment law, and you know have been doing this for some time so I just have one question that comes up a great deal; the difference between the interests of the public in an arbitration proceeding versus the school district's financial capability in deciding - ability to pay - is there, how do you weigh those? Or is that part more related to a neutral arbitrator?

BRIAN CLEMOW: It's a good question. It really, all three arbitrators should be paying attention to that. I would confess that the so called advocate arbitrators or party arbitrators are not as 000524 5 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE universally objective about drawing those distinctions as the neutral arbitrators are. I think, though, that all parties would recognize that the interests of the public is a term which is often in the eye of the beholder some members of the public would assume that their interests are always best served by what costs least.

There are other members of the public who would take the opposite position, so I think the job of the panel is to weigh those two and say, "look we know you're having a serious problem, budget problem at this particular point in time as most, perhaps all, boards of education are, but we also have to be concerned about what is necessary in order to provide quality education to your students and when a decision of an arbitration panel comes down, if it is something that is perceived as more expensive than a local or regional board of education can afford to pay for, the statute is structured so that that arbitration, the result of that arbitration has to be submitted to the legislative body of the municipality and, at least in theory, the municipality is required to fund whatever is necessary to implement that arbitration award so there are some checks and balances but I would certainly agree that trying to put a numeric evaluation on the interests of the public versus the ability to pay is, shall we say isn't an exact science.

REP. JANOWSKI (56TH): Generally, when it comes to the ability to pay, at least based on my town, there's a difference between what the board of education interest of the public is versus what the municipality interest of the public is. Generally the municipality's interest is more related to 000525 6 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

affordability, ability to pay, where a board of education is more interested in programs and being able to provide the services to the students and the services that the parents want. Do you see that as you're going through the negotiations that push and pull between the municipalities itself and the local board of eds?

BRIAN CLEMOW: It depends almost entirely on what a school district or municipality you're talking about. I have worked with many situations where the school district and the municipality work hand in hand; they talk to each other all the time, they're generally on the same wavelength as to how to balance off the educational needs versus the fiscal situation that the municipality is in -that's ideal. I've also been in many situations where the board of education and the municipality have a difference in viewpoint such as the one that you just articulated; where, in general, the municipality is more interested in the saving money and the board of education is more interested in providing programs, quality programs.

There are even some situations, and these are the more difficult, where actually, the members of the board of education ran for, and got elected to the board of education on a program of saving money and cutting back on expenses so as a representative of school districts, I find those the most difficult to deal with because the sense I get is the public in general would be willing to support quality education and pay the taxes to do that but those who have been elected to the school board are not necessarily, are maybe more towards the fiscal conservative side so again, I'm sorry to give this essentially the same answer I gave to the first I I 000526 7 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

question. There is no way you can generalize from one municipality to the next.

REP. JANOWSKI (56TH): Thank you very much. Other questions from committee members? Representative Perillo.

REP. PERILLO (113TH): Thank you Madam Chair, I appreciate it and good morning. Just a couple questions. First, actually, a question derived from some of your initial remarks; you were discussing the role of the arbitration process and that, and I'll just read it; "certainly tends to show that arbitration works, at least in the sense of encouraging voluntary settlements" and you don't judge whether that's a good or bad thing and I appreciate that. But if the goal weren't necessarily voluntary settlements, but voluntary equitable settlements, do you still think it works?

BRIAN CLEMOW: It depends, giving the same answer a third time, it depends on your definition of equitable. I think over time, I think my answer is yes and here's why; hypothetically, as I indicated in the remarks, it is getting more and more customary that as the negotiating, teacher negotiation sees and goes on and that's essentially the fall basically, as the season goes on and more and more settlements are reached, everybody looks at the averages and if you conclude that the average settlement is, pick a number -3.2% including the cost of increment or step increases -the chances of producing a result that's different from 3.2% in arbitration become slimmer and slimmer barring the ability of one side or another to be able to demonstrate the things in this town or in this school district are way out of whack but you might . I . 000527 8 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

start by saying "well that doesn't make any sense. How about comparing Greenwich with," you know, pick whatever your opposite town is from Greenwich.

Over time, the compensation, through voluntary settlement over many many years, the compensation of Greenwich teachers is very different from the compensation of the teachers in, say Nutmeg and even a representative of Boards Of Education, I think would admit that just because Nutmeg is the poorest town in Connecticut, hypothetically speaking, you can't give, keep giving Nutmeg teachers lower. increases on a percentage basis than Greenwich teachers. There is a point at which, okay we recognize that Greenwich is the wealthiest town in the state and we're paying teachers accordingly, but Nutmeg teachers, even if they are in a very poor town, are performing essentially the same function that Greenwich teachers are and it's equally important, So you can't essentially, the fact that the Nutmeg and the Greenwich teachers in this particular year may both end up with 3.2% isn't necessarily a bad thing or an inequitable thing.

REP. PERILLO (113TH): Thank you Madam, just some follow up on that. That last statement presupposes that it is the roll of state government to determine what teachers in Greenwich and Nutmeg should be paid. There might be, there is an argument that those positions should actually be made at the local level and that the, you know, town fathers of Nutmeg think it's appropriate for their teachers to make less and that should be up to, you know, the town fathers of Nutmeg. What are your thoughts on that?

BRIAN CLEMOW: I may be one of the few people in this room who can remember back to before there was 'I 2 9 March 10, 2016000S B /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

a government role in resolving questions of compensation of teachers as well as other conditions of employment~ I think that the legislature of your predecessors long since decided this issue by giving teachers the right to bargain collectively and then when they gave them the right to bargain collectively, but left hands off as to the results of that process which I think is kind of the alternative that you're asking about, we ended up with teacher strikes, there were a number of different strikes, some of which ended up with Teachers getting jailed in I think we called it Camp Grouse up near Windsor Locks or something like that.

And again, I'm not arguing whether that's a good thing or a bad thing but clearly the legislature was unwilling to accept that and they imposed a binding arbitration as a way to avoid that and again, it certainly has been successful in avoiding that but it is at the cost of a lot of local control but that is the nature of mandatory impasse resolution and there had been some states, as you know, where there's been some talk about maybe scaling back the level of collective bargaining rights and impasse resolution etc. in particular to perhaps narrow the focus of collective bargaining so that, okay we'll negotiate salaries, but we're not going to let teachers decide policy issues like, pick what you want, class size and areas like that.

I don't see, I don't spend every day here at the legislatures so I don't know but I certainly don't see and movement in that direction so if someone were to make a motion to change the current structure to perhaps get closer to the perimeters that you describe, my impression at least of the 000529 10 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

current legislature is that it might fail for want of the second.

REP. PERILLO (113TH): Thank you, then just one final question. Also in your remarks, you, you know in answering the chair, you discussed that perhaps the most difficult situation is a board of education whose members are elected because they believe that we can actually spend less on education. I guess my question for you, I mean I can see why it would be very easy if the board of ed wants to spend a lot of money and of course the teachers want to spend a lot of money, that's a pretty simple one and I, of course can see how it could be difficult, you know, if the board of ed actually wants to be a little bit more frugal. My question for you is -is that necessarily a bad thing?

BRIAN CLEMOW: Oh no I didn't, I'm not here to say it's good or bad; I, well, let me take a step back. I think with regard to the local boards of education just as I would say with regard to political office up to and including US Congress and Senate. I would say someone who is, who runs for office on one issue and one issue only and that issue is: how can we spend less money? Not how can we make good laws; how can we do justice; how can we take care of kid's education but rather how can we spend less money. Yeah I'd have to say that personally I would be uncomfortable with a candidate whose platform was that narrow and I would certainly be uncomfortable with a member of the public who would vote for a candidate on purely that issue alone, but that's only my own opinion.

REP. PERILLO (113TH): Thank you. 000530 11 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): Seeing no other questions or comments, we have one final question that we ask all our nominees: Is there anything in your background that can prove embarrassing to yourself, this body, the members of the general assembly, or the Governor's office?

BRIAN CLEMOW: Not that I can remember.

REP. JANOWSKI (56TH): Thank you so much, appreciate it. The next nominee is Glenn Powell from Collinsville to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

GLENN POWELL: I do.

REP. JANOWSKI (56TH): Thank you. Please provide us with a statement.

GLENN POWELL~ Good morning Representative Janowski and members of the Executive and Legislative Nominations Committee. My name is Glenn Powell and it is an honor and a privilege to have been nominated by Governor Dannel P. Malloy for reappointment as a neutral labor arbitrator to the Education Arbitration Board. I want to express my sincere thanks to the committee for giving me the opportunity to appear before you today and to speak to my desire to continue to serve as a neutral labor arbitrator.

By way of background, I was born in Queens, New York, I grew up and attended public schools in Levittown, New York, and graduated high school in 1971. I then attended Hofstra University, which also is on Long Island on a full academic scholarship 000531 12 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

where I majored in both mathematics and economics and was selected to Phi Beta Kappa and graduated Magnum Cum Laude in 1975. I then attended Cornell Law School and graduated from Cornell in 1978. After law school graduation, my first job out of law school was in Hartford, Connecticut at Aetna Life and Casualty in their corporate legal department. I worked at Aetna for the first thirteen plus years of my legal career and spent the last twelve years working as a labor and employment lawyer within the legal department.

After leaving Aetna in 1992, I went into private practice. I focused, in my practice, on labor and employment issues as well as employment arbitration and employment mediation. I first worked as a solo practitioner, then I worked in a law firm, Mayo Gillian and Zeto where I achieved the rank of partner, and then, since 2004 I have again worked as a solo practitioner; practicing in labor and employment law as well as alternate dispute resolution. I belong to the Labor and Employment Law Committee of the CDA and was a member of that sections executive committee from 2009-2013. Additionally, I have been an employment arbitrator for the American Arbitration Association since 1995. In October, 2014, I was also appointed to the panel of arbitrators as well as the panel of mediators at the Electric Vote Voluntary Dispute Resolution Program.

Besides serving on that panel, I also act as a private employment mediator for other employers. In addition to serving as a paid mediator, I also serve as a special mediator doing pro bono mediation at the Connecticut Commission on Human Rights Opportunities. I have served in that capacity with 000532 13 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE the CHRO since February of 2012. I have lived in Connecticut since 1978, I have called Collinsville, Connecticut my home since 2000, I live with my wife, Sylvia, who is the public relations officer for the Canton Volunteer Fire EMS Department and also a retired firefighter. Sylvia also serves as a public member for the State Psychiatric Security Review Board.

I'm a former member of several local and town organizations and I'm currently a treasurer of a local not for profit the Maxwell Shepherd Performing Arts Fund which puts on classical music concerts and other concerts and art events in the Canton area. I have served in that capacity since May of 2011. I believe my prior work experience, as a labor and employment lawyer, employment arbitrator, and employment mediator continues to make me well qualified for the neutral labor arbitrator position. I have had twenty-one years of employment arbitration and contract arbitration, experience. I have been a single arbitrator, solely responsible for handling all procedural aspects of arbitrations, conducting hearings and writing compressible awards within very strict time limits. I also have acted, on occasion, as a member of three arbitrator panels for the AAA. I am well versed in arbitrator ethics and understand the limits on arbitrator authority. As an arbitrator mediator and as a lawyer, I have handled a wide variety of labor and employment law disputes.

I have always viewed the disputes I've handled as problems needing effective solutions. As an arbitrator, I believe my strengths include: carefully reviewing and evaluating evidence, including financial information that's submitted to 000533 14 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

me during the course of a hearing; asking appropriate follow up questions to clarify and further develop issues; carefully listening to and critically evaluating the arguments made by the advocates; and reaching sound conclusions based on the evidence that's presented, the arguments that are presented, and the applicable, legal contractual issues and principles that need to be applied. As I said, I am very interested in continuing to serve as a neutral labor arbitrator.

I'm a great believer in, and supporter of the arbitration process as a mechanism for effectively and expeditiously resolving disputes. I also mentioned in the position because working in this position, along with my work for the CHRO will continue to allow me to give back to the state of Connecticut in two very important ways and in two very important areas: namely public education and equal employment opportunity. Growing up as a public school student, I benefitted from having committed and talented teachers and a wide variety of college level courses available to me and my classmates especially in my high school years. I want Connecticut public schools and public school students to also be the beneficiaries of committed and talented teachers as well as a wide variety of course offerings.

I believe the teaching profession is an important one and that effective teachers should be awarded appropriately, but I also recognize that Connecticut municipalities and the state itself are having some very significant financial constraints, which are presenting great challenges to our ability as citizens to effectively educate our students and give them quality programs as well as reward our 000534 15 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE teachers. Thus as a neutral labor arbitrator, I look forward to weighing all the competing interests, such as the interests of school children and the general public and the financial priorities, commitments, and capabilities of local towns in making decisions that best serve those various interests on overall perspective.

In summary, I am honored to have been re-nominated for the position by Governor Malloy. I believe my work background, my approach to dispute resolution, as well as my temperament make me well qualified for the position. In addition, my own educational experiences, support of public education, beliefs in binding arbitration, as an effective tool, and knowledge of the arbitration process also will allow me to handle cases that come before me with great interest, enthusiasm and integrity. Once again, I want to thank the committee, the committee's leadership, and all the members of the committee for giving me the opportunity to speak today. I will be glad to answer any questions that you may have. Thank you.

REP. JANOWSKI (56TH): Thank you. Congratulations on your nomination. You were initially appointed in 2013?

GLENN POWELL: Correct.

REP. JANOWSKI (56TH): Okay and this is, the appointment is for a neutral arbitrator and just for the record, you, it is on a per diem basis and when you are called in to serve, at the time that you are called in to serve, as it is with all arbitrators who are called in, I just have one question and basically, again, going back to giving priority to 000535 16 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

the public interest and the financial capability of the town to be able to pay, as a neutral arbitrator, how do you weigh those two, that may sometimes be conflicting issues?

GLENN POWELL: I will have to be honest and say that I have not had that opportunity to perform that weighing exercise in the three years that I have been on the board I have not yet been called to act as a neutral arbitrator but, to answer your question, probably from a hypothetical perspective and not having had real case experience, I think that, obviously we'd look at the town's tax base, it's grand list, per capita of the citizens, mil rate, taxable properties. We'll also look as well at the town's obligations: service costs and capital projects it has on the horizon or is undergoing at the time. I think to sort of summarize in a very in­ artful way, look at it like a business; look at the town's revenues, where are its expenses and commitments.

On the flip side, with regard to public interest, I think, at least in my mind, public interest entails several things obviously, and you have different aspects of the public. One part of the public would be students and their parents. I think students and their parents have a great interest in making sure that their students get the best education possible. In order to do that, you need quality programs and you need quality teachers. On the other hand, you have other aspects of the public, who may not want to support education. I can honestly say that as a taxpaying resident of Connecticut for thirty-eight years, while I have never had children, I have always felt that it's important to pay my fair share of taxes, contribute to the town, so that education 000536 17 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE is adequately funded because I appreciate the public education that I got growing up.

I'm not sure that everyone in my situation, who has not had someone going through the school system would share the same thought but in addition to the issue of the public's interest in not paying more than it wants to pay, you also have the public interest, I believe with regard to getting other services that are costly whether it be police, fire, in most towns that have paid firefighters, and even where there are volunteers, there are costs to running a volunteer fire department whether it's pay on call as we have in Canton, the maintenance of the three firehouses that we have, insurance, training, as well as equipment.

Having talked to my wife about it, I didn't realize how truly extensive fire apparatus is and that's usually something that is outside the normal budget and something a town needs to reserve for. So there are a lot of services in a town that I think go into the public interest and education is not the only one so I think it's a very difficult task, but again, I think what you do is you look at the evidence presented by the individuals representing the respective parties and as a neutral, I think that relying on the expertise of the party arbitrators, especially ones as experienced as my predecessor in giving testimony, would be very important in helping me weigh those very various considerations.

REP. JANOWSKI (56TH): Thank you. Other questions from committee members? Representative Perillo. 000537 18 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP. PERILLO (113TH): Thank you very much, just actually one or two questions. You may not know the answer to this and that's fine. How many disputes have gone to arbitration during your tenure?

GLENN POWELL: I don't know the answer to that. What I do know, is from having read testimony from three years ago when I was first nominated for the position and that year, I understand only two or three cases went to final and binding arbitration and my sense is from having looked at some items I can get online, published by the department of education, that a lot of cases either are resolved through direct negotiation or through mediation. So my sense is that not a lot of cases go to binding arbitration.

REP. PERILLO (113TH): Okay just the reason why I

ask is, and I know you haven't been that long, but I ··~ was surprised to hear that you hadn't done, you hadn't had to be in that role as a neutral member yet but it shouldn't really be surprising to me since not a lot of cases really do make it that far, at least not right now.

GLENN POWELL: Well I think it's a combination of not a lot of cases get that far plus I'm one of the newer arbitrators and unlike a lot of the other arbitrators, I did not come through the state system, I come through the non-union private sector, so I'm probably not nearly as well-known and I think that has an impact on selection; I think that teachers' unions and boards and their advocates and the party arbitrators pick people that they are familiar with, that they've worked with and who they know and in the private sector, it's no different: I get selected to be a mediator by people who know me, 38 19 March 10, 20160005 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

I get selected to be an arbitrator by people who know me so it's I think familiarity is a great aid to being selected and a detriment to new people in the discipline.

REP. PERILLO (113TH): And you confirmed, my thought process was too, you're a wild card so, which is not necessarily a bad thing. I think sometimes you need that but best of luck to you and thanks for answering my questions.

GLENN POWELL: Thank you for asking them and you're welcome for the answer.

REP. JANOWSKI (56TH): Seeing no other comments, we have one final question we ask all our nominees: is there anything in your background that can prove embarrassing to yourself, this body, the members of the Governor's office, or the members of the general assembly?

GLENN POWELL: No.

REP. JANOWSKI (56TH): Thank you very much and again congratulations on your nomination.

GLENN POWELL: Thank you.

REP. JANOWSKI (56TH): The next nominee Steven Rolnick, Esquire from Hamden to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

STEVEN ROLNICK: Yes I do. 000539 20 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP. JANOWSKI (56TH): Thank you. Please provide us with a statement.

STEVEN ROLNICK: Good morning Representative Janowski and members of the committee. Thank you for the opportunity to appear before you today to seek approval for my reappointment as an impartial member of the Department of Education's arbitration panel. It is an honor and a privilege to be appointed to this all important panel. I thank Governor Malloy for having nominated me to this important post and express my gratitude for his confidence in my ability to serve as a member of this panel. I have been a resident of Connecticut all my life. Currently, my wife and I live in Hamden where we have resided for forty years and raised our two grown sons who both went through the Hamden school system. I was raised in New Haven and educated in the New Haven school system. My undergraduate education was at Clark University in Massachusetts and I was graduated from Columbia University School of Law. I became a member of the Connecticut BAR in 1971.

I have been in private practice of law for the last forty-five years, first as an associate of a New Haven law firm, then in solo practice, then as a partner in a small law firm. I am currently counseled to the law firm of Shapiro and Epstein in Hamden. During my time in law practice, I have also been a system town attorney and town attorney for the town of Hamden.

I have served as an instructor teaching legal courses at Quinnipiac University, University of New Haven, Southern Connecticut, Western Connecticut State University. I have also presented seminars and 21 March 10, 20160005 40 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE prepared seminar materials on legal interests for attorneys, municipal officials, and boards and commission members. I served as a court annexed arbitrator and fact finder for Connecticut Superior Court for twenty years. I am currently an arbitrator for the American Arbitration Association, the American Dispute Resolution Center, a member of the panel of arbitrators for the Financial Industry Regulatory Authority, hearing officer for the Connecticut Department of Education and Connecticut Office of Urban Childhood.

I have also been a hearing officer for the Connecticut Commission on Human Rights and Opportunities. It have been a pleasure and an honor to serve on this panel which performs a vital function in helping to ensure an orderly resolution of contract negotiation between local boards of education and the bargaining representative of their professional staff.

I hope that the committee will recommend my appointment and permit me to continue service as a panel member. I would be happy to answer any questions you may have.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination. You are also being appointed as a neutral arbitrator and you've been in this particular capacity since, so this is a reappointment?

STEVEN ROLNICK: Yes it is.

REP. JANOWSKI (56TH): Since 2003 do I have that correct? 000541 22 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

STEVEN ROLNICK: It could be. I don't remember.

REP. JANOWSKI (56TH): Okay, well it's been a while. And you have the opportunity, I'm assuming, since that time to sit in on a number of awards

STEVEN ROLNICK: Yes I have. During the time, I think I've only had a couple of appointments and the times I were appointed, the arbitrations did not go all the way through, they were resolved and then we started hearings and then they were settled so, which is not uncommon if you look at the statistics, the overwhelming majority or contract disputes do settle.

REP. JANOWSKI (56TH): Yeah they were other appointments earlier that said the same thing - that often, what happens is the arbitrator, the neutral arbitrator is called in, they tend to, the parties tend to settle and it usually happens just before midnight on any given night.

STEVEN ROLNICK: That's always a good time to settle. Everybody's tired.

REP. JANOWSKI (56TH): So it sounds like everybody wants to go home. Everybody's tired. Sounds like council meetings when there were controversial issues on the agenda. Kind of that's it everybody, go home. The same question I asked earlier, as a neutral arbitrator, how do you weigh the board of education's or municipality's ability to pay versus the public interest?

STEVEN ROLNICK: I can only echo the points that were made previously. Obviously you have to look at the town's financial capacity, all the things that 42 23 March 10, 2016000S /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE were mentioned before and you also have to look at the public interest. The public has a number of interests. They have an interest in quality education programs, which certainly requires quality, adequately compensated teachers, but the public also has an interest in, you know, the efficient delivery of education services. Of course in an arbitration proceeding, you're dealing with the presentations of the parties; you can't make up your own. So those are the things that you have to look at.

REP. JANOWSKI (56TH): Thank you other questions from committee members? Representative Perillo.

REP. PERILLO (113TH): Madam Chair, thanks very much. I do have just one question. You know, of course, being a newly appointed member, it's tough to sort of ask how you have, you certainly can't ask how you have approached these things but, you know, having your work on CHRO, maybe you can give us some examples of how you've approached those situations and those disputes.

STEVEN ROLNICK: When I was a CHRO hearing officer, I heard cases that were presented to the CHRO and those were discrimination cases and you're acting really almost as a judge. It's a bit of a different situation as opposed to being an arbitrator where you are picking between two presentations so it's a little bit different, but I think that the skills are similar.

REP. PERILLO (113TH): Okay and that's fair. I appreciate that and I appreciate the clarification. I'm just trying to, trying to get a sense of, you know, beyond sort of a theoretical how you would 000543 24 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

approach things but some examples as to how you have approached the role in the past and if there's not an answer to that question, that's completely fine and I can accept that but thank you, appreciate it. Thanks for being here and thanks for stepping up to the plate.

STEVEN ROLNICK: Thank you.

REP. JANOWSKI (56TH): Seeing no other questions from committee members, we have one final question that we ask all our nominees: is there anything in your background that can prove embarrassing to yourself, this body, the members of the general assembly, or the Governor's office?

STEVEN ROLNICK: No.

REP. JANOWSKI (56TH): Thank you very much and again, congratulations on your nomination. The next nominee is Robert Painter from Hartford to be a member of the board of directors of the Materials Innovation of Recycling Authority. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

ROBERT PAINTER: I do.

REP. JANOWSKI (56TH): Please provide us with a statement.

ROBERT PAINTER: Good morning Representative Janowski and Representative Perillo. My name is Robert L. Painter and it is an honor to have been nominated to become a full member of the Board of Material and Innovation Recycling Authority by Governor Dannel Malloy and I would like to offer my 000544 25 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE thanks to the committee for the opportunity to come before you and speak about my desire to serve on this board.

Although I lived as a Hoosier until I finished medical school, I have been Nutmegger since 1959 except for two years as chief of surgery at an Air Force hospital and one year of additional training in cardiovascular surgery in Houston, Texas where the most notable event that occurred there was being on the small team that performed the first successful heart transplant in the United States. Twenty-three years of private surgical practice in Northeastern Connecticut, over seven years as chairman and director of the department of surgery at St. Francis in Mount Saini as well as thirty years as a clinical associate professor of surgery at UCONN followed, after which I retired.

After two more years to catch my breath and a stimulating job with census 2000, I ran for and was elected to the Hartford city council. It was this responsibility, which include watching the after math of the Enron debacle and listening to the ire of residents of North Hartford, concerning their exposure to the troubles of seagulls and odors from the landfill that I developed a big interest in, what at that time was called, CRRA. That grew into an interest in possible new technologies which would clearly become necessary at the tri state energy plan as the aged equipment began to deteriorate. To that end, I arranged for researchers at Georgia Tech to come to Hartford to talk to the city and to CRRA about plasma and arch as a possible potential future modality at the plant. 000545 26 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

Appreciating my interest in CRRA, Mayor Eddie Parez nominated and Governor Rehl appointed me to the board of CRRA as an add off member which means I was dealing with issues only related to the city of Hartford. I have continued my interest and increased my knowledge of the technical side of that operation in the more than ten years since and have been impressed with the present board and the management of the facility and the cooperation between MIRA and the Department of Energy and Environmental Protection as we look toward the future.

I respectfully request that the Executive and Legislative Nominations Committee confirm my appointment as a full member of the MIRA board and I appreciate and thank you for the opportunity to testify here before you and if you have any questions, I would be glad to answer them.

REP. VARGAS (6TH): Thank you Doctor Painter. It is always great to see a Hartford resident before us and I know the good work you have done for this city and your former services as a councilman for our city so I am very happy that the Governor has chosen to appoint you as a permanent member of this authority and I know you served as an ad hoc member in the past so I'm gonna open up the floor for any questions. Representative Perillo, any questions for the nominee? If not, we have a question that we ask all our nominees before we conclude and that is: is there anything in your background that may prove embarrassing to the Governor, to the legislature, or to this committee that we should know?

ROBERT PAINTER: No sir, Representative Vargas, there is not. 27 March 10, 2016000546 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP. VARGAS (6TH): Well then Congratulations on your nomination and good luck.

ROBERT PAINTER: Thank you very much.

REP. VARGAS (6TH): That brings us to the final nominee, Patricia Widlitz from Guilford to be a member of the Board of Directors of the Materials Innovation and Recycling Authority. Before you sit down, could you please raise your hand? Do you promise to tell the truth, and nothing but the truth?

PATRICIA WIDLITZ: I do.

REP. VARGAS (6TH): Thank you very much. We usually start with an opening statement by the nominee so.

PATRICIA WIDLITZ: Thank you. Good afternoon Representative Vargas, Representative Perillo, members of the executive and legislative nominations committee. My name is Patricia Widlitz and it's an honor and a privilege to be appointed by Governor Malloy to the Board of Directors of MIRA, I'll call it MIRA, the Materials Innovation and Recycling Authority.

In 2014, Public Act 14-94 established MIRA to be the successor to CRRA and assume control over all of CRRA's assets, rights, duties, and responsibilities. It has a single string recycling facility, a resource recovery facility, and three transfer stations throughout the state. MIRA provides the infrastructure to carry out Connecticut's solid waste management plan and serves seventy member municipalities. My sincere thanks for the opportunity to appear before you to speak to my 000547 28 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

desire to serve on the MIRA board.· I eared my Bachelor of Science Degree in Mathematics from Central Connecticut State University in 1967 and subsequently taught algebra and geometry at Wethersfield High School. My interest in public service ignited a few years later when my husband, Gary, and I moved to Guilford with our two young daughters. When our children entered the Guilford school system, I volunteered to teach math concepts to first graders, which was an exciting adventure, became PTO president and advocated for improvement to our schools.

In 1982, I was elected to the Guilford Board of Education and served until 1989, when I was elected to the Board of Selectmen. After six years of service, I decided that I wanted to participate in making state policy rather than always being on the receiving end. I successfully ran for State Representative in 1994 and represented the towns of Guilford and Branford for twenty years. Throughout my service as State Representative, I had great interests in environmental legislation. My very first legislative effort was in response to a problem I had experienced as a select woman. Together, Guilford and Madison had a, what's called a put or pay contract with the press and recourse recovery facility and we could not generate the required tonnage of waste, but had to pay the full amount regardless of what we generated.

I was dismayed to learn that the Connecticut DEP had a contract to transport the waste from Madison's Hammonasset State Park to an out of state facility. With passage of legislation, which required the state to honor local solid waste contracts, we were successful in meeting our requirement. Some of you 29 March 10, 20160005 48 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE may remember me as the former House Chair of the Finance Revenue and Bonding Committee, but I also served on the Environment Committee for many years and served as co-chair for a term. I enjoy the challenge of negotiating the electronic recycling law, Public Act 7-89, which put Connecticut at the fore front of the issue. Working with the eastern region of the council of state government, I negotiated with major electronics manufactures, to require them to pay for the end of life recycling of their products in and environmentally appropriate way.

This legislation, our first extended producer responsibility, or EPR law, has saved our municipality many thousands of dollars in disposal and recycling costs. In 2011,. I successfully lead the effort to pass the Paint Stewardship Producer Responsibility Legislation, and more recently, worked with advocates in the city of Hartford to pass the first EPR Mattress Recycling Legislation in the country. In April of 2015, I was invited to Boston to receive the lifetime achievement award from the EPA for my leadership and dedication to the New England environment and for my success and passage of Extended Producer Responsibilities Legislation in Connecticut.

In 2015, I also accepted an invitation to join the National Advisory Committee of the Product Stewardship Institute to assist in promoting EPR legislation in another state. I am also serving as a member of the Connecticut Institute for Resilience in Climate Adaptation Advisory Board. Retirement is great and I love spending more time with Gary, my daughters, and sons-in-law, and our precious, little two year old granddaughter, and now I have both the 000549 30 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

time and the interest in bringing my municipal and legislative experience to this new opportunity. Thank you, again, for the privilege of coming before your committee, and especial, thank you for all you do on behalf of the people of the state of Connecticut.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination. I have known you for a number of years, many years actually. I believe it's been about sixteen or so and I'm familiar with your work both on the finance committee and the, I believe it was Vice Chair of the Environment Committee as well. I have no doubt that you will be an asset to this board. This is the board that previously, I don't want to say it's the same board because it's a different board but, it was previously known as the CRRA, which was a waste and recycling facility.

I think the board has been modified to a great degree to focus more on recycling and environmental issues more than anything else, although waste is also vital obviously, but I think there's a greater focus to reuse and recycle as much as possible. I think there's greater percentages of accomplishments that are envisioned in being part of this board so I believe that you are well suited for the position. I have no questions for you but I do want to mention that it is a voluntary position so we do appreciate your willingness to serve, it's not often easy to get volunteers because as little time as people think serving on the board might take, it usually takes a little bit more than they anticipate so, and I know that from experience as well, so, again congratulations on your nomination. Any other questions or comments? Representative Vargas? 31 March 10, 2016QQQS SO /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

REP. VARGAS (6TH): I just wanted to thank you for your willingness to serve and I remember the whole issue on Jackson Labs and your leadership on that and I think you'll be great on this authority.

PATRICIA WIDLITZ: Thank you very much.

REP. VARGAS (6TH): You're a great collogue to my friend, Doctor Painter over there who's a great public servant so I'm very happy with the nominees that the governor has chosen.

PATRICIA WIDLITZ: Thank you.

REP. JANOWSKI (56TH): Other questions or comments? Representative Perillo.

REP. PERILLO (113TH): Madam Chair, thank you and just simply to say, it's good to see you back in the building here, reputation around here is obviously fantastic. I have no questions other than to say good luck and be fantastic.

PATRICIA WIDLITZ: Thank you very much. I appreciate that.

REP. JANOWSKI (56TH): Seeing no other questions or comments, we have one final question that we ask all our nominees: is there anything in your background that can prove embarrassing to yourself, this body, the governor's office, or the members of the general assembly?

PATRICIA WIDLITZ: No.

REP. JANOWSKI (56TH): Thank you very much, and again congratulations on your nomination. 000551 32 March 10, 2016 /rmj EXECUTIVE & LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE

PATRICIA WIDLITZ: Thank you very much.

REP. JANOWSKI (56TH): Are there any members of the public here to testify? Seeing none, I declare the public hearing closed and we'll convene the committee meeting in three minutes. 000552

Statement of Brian Clemow

Executive and Legislative Nominations Committee

March 10, 2016

Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Committee. My name is Brian Clemow, and I am honored to have been re-nominated by Governor Malloy to serve on the binding interest arbitration panel under the Teacher Negotiations Act, representing the interests of local and regional boards of education.

I was born and raised in Connecticut, and attended Connecticut schools. For more than 40 years, I have been an employment lawyer, representing public and private employers in collective bargaining and other labor matters. Upon graduation from Harvard College and the University of Pennsylvania Law School, I joined the law firm of Shipman & Goodwin LLP, where I was chair of the firm's Labor and Employment Law Department for many years. I have represented dozens of school districts and been involved in hundreds of interest arbitrations throughout the state. I also negotiate labor contracts in the private sector, so I have at least one foot in what some people call the "real world".

Early in my career, I was fortunate to argue the landmark case, West Hartford Education Association vs. DeCourcy before the Connecticut Supreme Court. That case established the perameters of the Teacher Negotiations Act for teacher unions and school districts across the state. I have also taught public sector labor relations at the University of Connecticut Law School, and have written and studied extensively on public sector bargaining and impasse resolution. Over the years, I have been involved in various professional organizations that focus on labor-management relations, and have served as president ofthe Labor and Employee Relations Association.

2728301v2 000553

I have a keen interest in public education, and in exploring ways to make the system more responsive to the needs of students. With particular reference to teacher and administrator compensation, I support creative approaches to encouraging and rewarding outstanding performance.

I have read with interest the various studies that have been done on binding arbitration under the Teacher Negotiations Act and the Municipal Employee Relations Act, and my impression is that the outcome of the process has become so predictable that most negotiations settle at or near the average of what has emerged from prior negotiations and arbitrations. I would not argue that this is either a good or a bad thing, but it certainly tends to show that arbitration works, at least in the sense of encouraging voluntary settlements.

I am enthusiastic about being part of the arbitration process, and I look forward to the chance to serve. I am grateful for the opportunity to appear before you, and would be happy to respond to any questions you may have.

2 2728301v2 000554

TESTIMONY OF GLENN POWELL- RE-APPOINTMENT TO DEPARTMENT

OF EDUCATION, NEUTRAL LABOR ARBITRATOR POSITION

Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is Glenn Powell and it is an honor and a privilege to be nominated by Governor Dannel P. Malloy for re-appointment as a Neutral Labor Arbitrator for the Department of Education.

I want to express my sincere thanks to the Committee for the opportunity to appear before you to speak to my desire to continue to serve as a Neutral Labor Arbitrator.

I was born in Queens, New York. I grew up and attended public schools in Levittown, New York. I graduated from General Douglas MacArthur High School in 1971 as the valedictorian of a class of over 500. I then attended Hofstra University on a full academic scholarship, where I majored in both mathematics and economics, was selected the most outstanding mathematics student in my graduating class, was selected to Phi Beta Kappa and graduated magna cum laude in 1975. I played four (4) years of varsity soccer for the University, held 2-3 part time jobs while attending class and worked full- time during summer breaks. 1 then attended and graduated from Cornell Law School in 1978.

After Jaw school graduation, 1 relocated to Hartford, CT to work in Aetna's Law Department. I worked in-house for Aetna for the first 13 +years of my legal career, achieving the position of Counsel. I spent most of my career at Aetna as a labor and employment lawyer.

I have been in private practice since 1992, focusing on labor and employment law, employment arbitration and employment mediation. I have worked as a solo, as a partner at the law firm of Mayo Gilligan & Zito and since 2004, as a solo labor and employment 000555

lawyer and ADR practitioner. I belong to the Labor & Employment Law Section of the CBA and was a member ofthat section's Executive Committee from 2009 through 2013.

In addition, I have been an employment arbitrator for the American Arbitration Association since 1995. In October, 2014, I was appointed to the Panel of Arbitrators and to the Panel of Mediators for the Electric Boat Voluntary Dispute Resolution Program. I also serve as a private employment mediator of disputes involving other employers. In addition to serving as a paid mediator, I do pro bono mediations as a special mediator for the Connecticut Commission on Human Rights and Opportunities (CHRO). I have served as a CHRO special mediator since February, 2012.

I have lived in Connecticut since 1978. Collinsville, CT has been my home since 2000. I live with my wife Sylvia, who is the Public Relations Officer for Canton's Volunteer Fire & EMS Department and a retired firefighter. Sylvia also serves as a Public Member of the state Psychiatric Security Review Board. I am a former member of the Canton Parks and Recreation Commission and the Canton Chamber of Commerce Board of Directors. Since May, 2011, I have been the Treasurer of the Maxwell Shepherd Memorial Arts Fund, a small, non-profit arts organization created in the memory of University of Connecticut Professor Emeritus Maxwell Shepherd. The Shepherd Fund sponsors and organizes free classical music and other concerts and other arts events in the Canton, CT area. Sylvia and I have one dog, are active in the local arts community and enjoy snow shoeing, kayaking and other outdoor exercise activities.

I believe my prior work experience as a labor and employment lawyer, employment arbitrator and employment mediator continues to makes me well qualified for the Neutral Labor Arbitrator position. I have twenty-one (21) years of employment and contract arbitration experience. I have been a single arbitrator solely responsible for handling all procedural aspects of arbitrations, conducting hearings and writing comprehensive awards within strict time deadlines. I also have acted as a member of three arbitrator panels. I am well versed in arbitrator ethics and understand the limits of arbitrator authority.

2 000556

As an arbitrator, mediator and lawyer, I have handled a wide variety of labor and employment law matters. I have always viewed the disputes I have handled as problems requiring effective solutions. As an arbitrator, my strengths include: carefully reviewing and evaluating evidence (including financial information) and other information that is submitted to me; asking appropriate follow-up questions intended to clarify or further develop existing issues; carefully listening to and critically evaluating advocate arguments; and reaching sound conclusions based on the information and arguments presented and the contractual and legal principles that apply to the issues in dispute.

1. I am interested in continuing to serve as a Neutral Labor Arbitrator because doing so will give me the opportunity to use my legal and ADR skills constructively to resolve disputes on topics (wages, benefits, other terms of employment) about which I am very familiar in a field that plays a valuable and vital role in the development of Connecticut's children. In addition, I am a great believer in and supporter of the arbitration process as a mechanism for expeditiously and cost-effectively resolving employment-related disputes.

I also am interested in the Neutral Labor Arbitrator position because working in this position, combined with my work as a mediator for the CHRO, will continue to allow me to give back to the state I have called home for 38 years in two very important areas; namely, public education and equal employment opportunity.

As a public school student, I benefitted from having committed and talented teachers and a wide variety of college level courses available to me and my classmates. I want Connecticut's public school students to also be the beneficiaries of committed, talented teachers and varied course offerings. I also believe the teaching profession is an important profession and· that effective teachers should be rewarded appropriately. I also recognize that Connecticut municipalities and the state itself have significant financial constraints which present challenges to our ability to effectively educate our students and reward our teachers. As a Neutral Labor Arbitrator, I look forward to weighing all of the

3 000557

competing interests (such as the interests of school children and the general public and the financial priorities, commitments and capabilities of local towns) and making decisions that best serve those various interests from an overall perspective.

In summary, I am honored to be nominated for re-appointment to the Neutral Labor Arbitrator position by Governor Malloy. I believe my work background and experience, my approach to dispute resolution and my temperament make me well qualified for the position. In addition, my educational experiences, support of public education, belief in binding arbitration as an effective tool and knowledge of the arbitration process also will allow me to handle cases that come before me with great interest, enthusiasm and integrity.

Once again, I want to thank the Committee's leadership and all members of the Committee for giving me the opportunity to speak before you today. I will be glad to answer any questions you may have.

4 000558

Testimony before the Executive and Legislative Nominations Committee Testimony of Steven R. Rolnick March 10, 2016

Good Morning Senators Duff and Kane, Representatives Jankowski and Buck-Taylor and members of the Committee, thank you for the opportunity to appear before you today to seek approval of my re-appointment as an impartial member ofthe Department of Education's Arbitration Panel. It is an honor and a privilege to be appointed to this important panel. I thank Governor Malloy for having nominated me to this important post and express my gratitude for his confidence in my ability to serve as a member of this panel.

I have been a resident of Connecticut all my life and currently my wife and I live in Hamden, where we have resided for forty years and raised our two grown sons, who both went through the Hamden school system. I was raised in New Haven and educated in the New Haven school system. My undergraduate education was at Clark University in Massachusetts and I was graduated from Columbia University School of Law. I became a member of the Connecticut Bar in 1971. I have been in the private practice of law for the last forty-five years, first as an associate in a New Haven law firm and then in solo practice and as a partner ina small law firm.

I am currently counsel to the law firm of Shapiro and Epstein in Hamden. During my time in law practice I have also been an assistant town attorney and town attorney for the Town of Hamden. I have served as an instructor teaching legal courses at Quinnipiac University and the University of New Haven, Southern Connecticut and Western Connecticut State Universities and have also presented seminars and prepared seminar materials on legal issues for attorneys, municipal officials and boards and commission members.

I served as a Court-Annexed Arbitrator and Factfinder in the Connecticut Superior Courts for twenty years. I am currently Arbitrator for the American Arbitration Association, the American Dispute Resolution Center, a member of the panel of arbitrators for the Financial Industry Regulatory Authority, a Hearing Officer for the Connecticut Department of Education and the Connecticut Office of Early Childhood. I have also been a Hearing officer for the Connecticut Commission on Human Rights and Opportunities.

It has been a pleasure and an honor to serve on this panel which performs the vital function of helping to ensure an orderly resolution of contract negotiations between local Boards of Education and the bargaining representatives of their professional staff. I hope that the Committee will recommend my reappointment and permit me to continue to serve the state as a panel member. I would be happy to answer any questions that you may have. 000559

Executive and Legislative Nominations Committee Thursday, March 10, 2016

TESTIMONY

Good Day Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My Name is Robert L. Painter . It is an honor and a privilege to be appointed as a full member of the Board of the Materials and Innovation Recycling Authority by Governor Dannel P. Malloy and may I offer my thanks to this committee for the opportunity to appear before you to speak to my desire to serve on that Board.

Although I lived as a Hoosier until I finished medical school, I have been a Nutmegger since 1959 except for two years as Chief of Surgery at an Air Force Hospital and one year of additional training in cardiovascular surgery in Houston, Texas where the most notable event was being on the small team that performed the first successful heart transplant in the United States.

23 years of private surgical practice in Northeast Connecticut, over 7 years as Chairman and Director of the Department of Surgery at Saint Francis and Mount Sinai, as well as 30 years as Clinical Associate Professor of Surgery at UCONN followed, after which I retired.

After two years to catch my breath and a stimulating job with Census 2000, I ran for and was elected to the Hartford City Council. It was this responsibility which included watching the aftermath of the EN RON debacle and listening to the ire of the residents of north Hartford over their exposure to their troubles with seagulls and odors from the landfill that I developed an interest in what at that time was called CRRA. That grew into an interest in possible new technologies which would clearly become necessary at the trash to energy plant. To that end I arranged for researchers at Georgia Tech to come to Hartford to talk to the City and CRRA about plasma arc as a potential future modality at the plant.

Appreciating my interest in CRRA, Mayor Perez nominated and Governor Rell appointed me to the Board of CRRA as an ad hoc member. I have continued my interest and increased my knowledge of the technical side of that operation in the more than 10 years since, have been impressed with the present Board and management of the facility, and of the cooperation between MIRA and the Department of Energy and Environmental Protection as we look to the future. 000560

I respectfully request that the Executive and Legislative Nominations Committee confirm my appointment as a full member of the MIRA Board.

Thank you again for the opportunity to testify before you.

Robert L. Painter, M. D. 25 Capitol Avenue Hartford, Connecticut 06106 Thursday, March 10, 2016 000561

t- Patricia M. Widlitz

Statement to the Executive and legislative Nominations Committee

Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck­ Taylor and members of the Executive and Legislative Nominations Committee. My Name is Patricia Widlitz and it is an honor and privilege to be appointed by Governor Malloy to the Board of Directors of M.I.R.A., the Materials Innovation and Recycling Authority. In 2014, PA 14- 94 established M.I.R.A. to be the successor to CRRA and assume control over all of CRRA's assets, rights, duties and responsibilities. It has a single stream recycling facility, a resource recovery facility and three transfer stations throughout the state. M.I.R.A. provides the infrastructure to carry out Connecticut's Solid Waste Management Plan and serves 70 member municipalities. My sincere thanks for the opportunity to appear before you to speak to my desire to serve on the M.I.R.A. Board.

I earned my Bachelor of Science degree in mathematics from Central Connecticut State University in 1967 and subsequently taught algebra and geometry at Wethersfield High School. My interest in public service ignited a few years later when my husband, Gary, and I moved to Guilford with our two young daughters. When our children entered the Guilford school system, I volunteered to teach math concepts to first graders, became PTO president and advocated for improvement to our schools. In 1982 I was elected to the Guilford Board of Education and served until1989 when I was elected to the Board of Selectmen. After six years of service I decided that I wanted to participate in making state policy rather than always being on the receiving end! I successfully ran for State Representative in 1994 and represented the towns of Guilford and Branford for 20 years.

Throughout my service as State Representative I had great interest in environmental legislation. My very first legislative effort was in response to a problem I had experienced as a selectwoman. Together Guilford and Madison had a "put or pay" contract with the Preston Resource Recovery Facility and we could not generate the required tonnage of waste, but had to pay the full amount regardless of what we generated. I was dismayed to learn that the CT DEP had a contract to transport the waste from Madison's Hammon asset State Park to an out­ of-state facility. With passage of legislation which required the state to honor local solid waste contracts we were successful in meeting our requirement.

Some of you may remember me as the former House Chair of the Finance, Revenue and Bonding Committee, but I also served on the Environment Committee for many years and served as Co-Chair for a term. I enjoyed the challenge of negotiating the 'Electronic Recycling" law, PA 07-1&9, which put Connecticut at the forefront of the issue. Working with the Eastern 000562

Region of the Council of State Governments (CSG) I negotiated with major electronics manufacturers to require them to pay for the end-of-life recycling of their products in an environmentally appropriate way. This legislation- our first "Extended Producer Responsibility (EPR)" law- has saved our municipalities many thousands of dollars in disposal/recycling costs. In 2011, I successfully led the effort to pass the "Paint Stewardship" Producer Responsibility legislation and more recently worked with advocates and the city of Hartford to pass the first EPR mattress recycling legislation in the country.

In April of 2015 I was invited to Boston to receive the Lifetime Achievement Award from the EP-A for my leadership and dedication to the New England environment and for my success in passage of Extended Producer Responsibilty legislation in Connecticut. In 2015 I accepted an invitation to join the National Advisory Committee of the Product Stewardship Institute to assist in promoting EPR legislation in other states. I am also serving as a member of the CT Institute for Resilience and Climate Adaptation Advisory Board.

Retirement is great and I love spending more time with Gary, my daughters and sons-in-law and our precious 2 year old granddaughter. And now I have both the time and the interest in bringing my municipal and legislative experience to this new opportunity.

Thank you again for the privilege of coming before your committee and, especially, thank you for all you do on behalf of the people of the State of Connecticut. I I

000563

THE CoNNECTICTT GENERAL AssEMBLY Joint Committee on Executive and Legislative Nominations

Senator Bob Duff Represenrariw Claire Jmlo•rs·ki Co-CI!ai1· Co-Chair T1remy-fiftiJ Disn'ic·t Fifr;· Sixrh DistriCT

Executive and Legislative Nominations Committee

PUBLIC HEARING AGENDA

Thursday, March 1ih, 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW

House Joint Resolution(s)

Eric W. Chester from North Haven, to be a member of the Education Arbitration Board

Brian A. Doyle from Windsor, to be a member of the Education Arbitration Board

Floyd J. Dugas from Milford, to be a member of the Education Arbitration Board

John M. Romanow from Stamford, to be a member of the Education Arbitration Board ',,

000564

2016 Executive and Legislative Nominations Committee

3//7 Attendance Committee Leadership: J Rep. Janowski, Claire (Co-Chair)

Sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice Chair)

Rep. Vargas, Edwin (Vice Chair)

Rep. Buck-Taylor, Cecilia (Ranking Member)

·sen. Kane, Robert (Ranking Member)

Committee Members:

Rep ..Albis, James

Rep. Berger, Jeffrey

Rep. Camillo, Fred

Sen. Crisco, Joseph

Rep. Dargan, Stephen

Sen. Doyle, Paul

Sen. Fasano, Leonard

Rep. Giegler, Janice

Rep. Godfrey, Bob

.J Sen. Guglielmo, Anthony

Sen. Hartley, Joan

Rep. Perillo, Jason 'I 000565 1 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

CHAIRPERSONS: Senator Janowski

REPRESENTATIVES: Guglielmo

SENATOR JANOWSKI (56TH): Senator Janowski co-chair of the committee with Senator Duff who will be here very shortly as well other committee members. They are out at other meetings and will be coming in and out. It is not that they are not interested. It is because they have other legislative business to attend to as well. We have four nominations on the agenda today, and we will be taking John Romanow first but before we start, please come up before we begin. Ethan can you do the obligatory announcement.

ETHAN: (Pause from 0:38 to 1:07).

SENATOR JANOWSKI (56TH): Thank you and with that we have John Romanow from Stanford to be a member of the Education Arbitration Board, please raise your right hand. Do you swear to tell the truth, nothing but the truth?

JOHN ROMANOW: I do.

SENATOR JANOWSKI (56TH): Thank you very much. Please provide us with a statement.

JOHN ROMANOW: To the council, Senator Kane, Representat1ve Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is John Romanow. It is an honor and privilege to be nominated by Governor Daniel P. Malloy to continue to serve on the Department of Education's Panel of Arbitrators representing the interest of local and regional boards of education. I am a graduate of Cornell University, School of Industrial and Labor Relations and have a law degree from New 000566 2 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

York Law School. I have an extensive background in labor and management relations, particularly in the public sector.

I began my career working for New York City office of Labor Relations while attending law school at night. I came to Connecticut in 1975 and began serving as the director of Labor Relations for the city of New Haven in 1976. Subsequently, I engaged in the practice of law representing numerous public and private sector clients in all aspects of labor law and employee relations.

Since 1986 I have been self-employed primarily as an advocate arbitrator, having served on the education panel since 1993 and also as an alternate member of the State Board of Mediation and Arbitration. For many years, I also served as one of the three members on Teacher Termination Panels until the law was changed last year to provide only a single arbitrator for that process.

I believe that interest arbitration has served the parties and the public well here in Connecticut. I based this opinion on the totality of my experience as an advocate for more than 25 years and as a practicing attorney and management representative in Connecticut for some 10 years prior to becoming an arbitrator.

While it is certainly not a perfect system, it is a statutory framework and it has achieved its intended purpose over many years. It works best when both parties are represented by experienced professionals who understand the technical requirements of the process as well as its practical limitations. Likewise, the process requires a group of experienced practitioners to serve as panel members to ensure that decisions are made in compliance with the statutory standards. . I 000567 3 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

If I have any concern about the future of this process, it is that these experienced practitioners especially arbitrators are disappearing one by one, and there is no pipeline or training program by which new, competent arbitrators are being mentored.

These are difficult economic times for our state. Over the course of the most recent recession and continuing to this day, arbitration has served as an important instrument to ensure that settlements and awards recognize the fiscal circumstances in which we find ourselves.

Some time ago the statute was amended to require that arbitration panels give priority to the public interest and the financial capability of the public employer. The role of the advocate arbitrator is particularly important to ensure that arbitration panels continue to properly apply this priority standard as well as the other statutory standards.

It would be my great honor and privilege to continue to serve in this capacity and I thank you for your consideration, and I am happy to answer any questions that the committee members may have.

SENATOR JANOWSKI (56TH): Thank you very much and congratulations on your nomination. You are being appointed as a non-neutral number to represent regional boards of education.

JOHN ROMANOW: Yes.

SENATOR JANOWSKI (56TH): You obviously have a great deal of experience in labor law, and you have been serving in this capacity since 2003, do I have that correctly, around pretty much that time . . JOHN ROMANOW; I think probably before that.

SENATOR JANOWSKI (56TH): Okay. ------000568

4 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

JOHN ROMANOW: I am not sure but at least since then.

SENATOR JANOWSKI (56TH): Quite a long time.

JOHN ROMANOW: Yes.

SENATOR JANOWSKI (56TH): Okay. You mentioned something interesting that you mentioned that arbitrators are disappearing, and that is of great concern to you. Is it because a lot of attorneys are not going into the labor law area or is it that they are not really involved in the process of arbitration.

JOHN ROMANOW: No, I was specifically thinking of some of our colleagues who have passed away in the past several years. Larry Foy who was a very prominent arbitrator passed away about a year ago. (6:14) another very prominent arbitrator passed away a couple of years ago. We are all getting older. That is the sad reality of it, and there's just isn't, to my knowledge, any internship or training programs. It is very difficult to become, especially a neutral arbitrator. Because you have to gain acceptability from both sides, and basically you have to be able to keep your day job while you are gaining that credibility as a neutral and there just aren't that many people in the position to do it.

SENATOR JANOWSKI (56TH): Well, you have a great deal of experience.

JOHN ROMANOW: More than I care to admit.

SENATOR JANOWSKI (56TH): You have been doing this for a long time, and I have no further questions. I do want to again commend you on your willingness to continue serving in this capacity. Obviously, the experience, the knowledge, and the background is 'I 000569 5 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

extremely beneficial in making the best decisions possible for the best outcome possible.

Other questions from committee members? I see now we have one final question that we ask all our nominees is there anything in your background that can prove embarrassing to yourself, this body, the governor's office, or the members of the general assembly.

JOHN ROMANOW: No, not to my knowledge.

SENATOR JANOWSKI (56TH): Thank you very much and again congratulations on your re-appointment.

JOHN ROMANOW: Thank you and I appreciate the consideration of taking me first.

SENATOR JANOWSKI (56TH): You're welcome. The next nominee is Eric Chester from North Haven to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

ERIC CHESTER: I do.

SENATOR JANOWSKI (56TH): Thank you, please be seated.

ERIC CHESTER: Good morning, Senator Duff, Representative Janowski, Senator Kane, Senator Guglielmo, and members of the Executive and Legislative Nominations Committee. My name is Eric Chester, and it is an honor and privilege to be re­ appointed to the State Department of Education Arbitration Board by Governor Dannel Malloy. I offered my sincere thanks to this committee for the opportunity to appear before you and speak to my desire to continue to serve on the Education Arbitration Board. 000570 6 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

I was raised in Meriden, Connecticut, where I attended public school until my graduation from Platt High School in Meriden. I enlisted in the United States Army right out of high school and after serving four years in the army I went to Southern Connecticut State University where I got an undergraduate degree in history in secondary education and after concluding that I was a public school teacher for nine years in the city of New Haven, teaching at the high school level to students in New Haven.

While employed as a high school teacher I attended UConn Law School at night, received my juris doctorate after four years. Also while a teacher I became involved in the New Haven Federation of Teachers Union where I served on the negotiating team for the union during two separate contract negotiations. One when to arbitration and one was settled.

Upon completion from law school, I begin working as an attorney for Ferguson and Doyle, which is presently Ferguson, Doyle, and Chester. Our firm represents working people collectively and individually in a merit of capacities and forums. We represent bargain units and their members in contract negotiations, arbitrations, formal hearings before the State Board of Labor Relations, Workers Compensation Commission, as well as in other forums.

I believe that my experience both as a product of public education as well as representing public educators from kindergarten teachers to college professors has given me a unique opportunity to gain experience that will serve the interests of certified employees in the arbitration process.

I do believe that I know what is good for students in the public education setting both as a former teacher and as a parent whose children are in the 'I 000571 7 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

public school system. I am quite confident that I can represent the interest of certified educators in the public education setting within the state of Connecticut.

I represented the New Haven Federation of Teachers along with my colleague who is here today Attorney Floyd Dugas and the negotiations that resulted in an agreement between the union and the New Haven Board of Education which has been viewed by many as a ground-breaking agreement that shepherd in a number of reforms regarding education and the evaluation of teachers.

I was also fortunate enough to represent the Hartford Federation of Teachers in a hotly contested interest arbitration process around the issue of seniority and layoffs. I am very interested in serving on this board because I know the process can, do, and has worked. Binding interest arbitration gives parties, management and labor, leverage they need at the negotiating table to craft an agreement that they can both live with.

The existing framework of binding interest arbitration instructs both labor and management that if they cannot come to an agreement that there is a process whereby a panel of arbitrators, which I would like to be a member of, and continue to be a member of, will decide it for them.

Binding interest arbitration is a gamble for both sides, but it is not a process that is left to chance or to luck rather the statute lays out clear criteria by which the panel of arbitrators must rely on and come into a reason decision. Quite simply, the process does work. Given the increasing demands put on teachers coupled with the increasing economic pressures placed on municipalities, the taxpayers, and boards of education, the process becomes even more important. 000572 8 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

Labor and management must be assured that their differences will be resolved in an effective and fair manner. The Teacher Negotiation ACT provides this assurance. I am quite confident that I am able to represent the interests of bargaining units representing certified employees.

I want to thank the committee for the opportunity to appear before you beyond or being considered and hopefully reappointed to the board and I welcome the opportunity to answer any questions you might have. And if I may, I just made a note regarding Mr. Romanow's comments. The good news is I am relatively young, and I am here, and there is a pipeline, although I would agree with Mr. Romanow's remarks that, in my limited experience, 10 years of doing this now, I would agree that it would be difficult to find especially neutral arbitrators, in an answer to the question you posed to Mr. Romanow.

I think part of that is because arbitration is an adversarial process and typically practitioners find themselves on one side or the other for the majority of their careers, and it would be difficult, I would suspect, for someone who spent the majority of their career on the side of labor to be appointed as a neutral arbitrator and vice versa.

SENATOR JANOWSKI (56TH): We thank you very much and again congratulations on your nomination.

ERIC CHESTER: Thank you.

SENATOR JANOWSKI (56TH): You have been doing this in this capacity since 2013.

ERIC CHESTER: Correct.

SENATOR JANOWSKI (56TH) Okay, but you also have a great deal of experience with the firm that you're 000573 9 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE associated with over 10 years of labor law and negotiations and so forth, so we're glad that you are willing to take on this task. What it basically does is to continue to place you on the panel list so that you will be called in as needed. Have you been called in? How many times have you been called in over the last, let's say, since 2013?

ERIC CHESTER: I have not been called to sit on an arbitration panel. It's been the trend that fewer and fewer disputes are going to binding interest arbitration. I think over the past year there has been one or two. So it is quite rare that disputes have gone all the way to binding interest arbitration. It's been more typical that the parties have reached agreements amongst themselves.

SENATOR JANOWSKI (56TH): Well thank you, that's good to hear in a way I guess as there have been a lot of appointments to the arbitration panel of late and I'm assuming that's an indication that the economy is getting better and will need more arbitrators to come into the picture.

ERIC CHESTER: I'm here.

SENATOR JANOWSKI (56TH): Okay. Any other questions or comments, Senator Guglielmo.

SENATOR GUGLIELMO (35TH): Thank you. I saw that you were an armored ranger, and I wanted to thank you for your service.

ERIC CHESTER: Well thank you very much. Thank you.

SENATOR JANOWSKI (56TH): Okay, we have one final question that we ask all our nominees, is there anything in your background that can prove embarrassing to yourself, this body, the members of the general assembly or the governor's office? 000574 10 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

ERIC CHESTER: No.

SENATOR JANOWSKI (56TH): Thank you very much and again congratulations on your reappointment.

ERIC CHESTER: Thank you very much.

SENATOR JANOWSKI (56TH): The next nominee is Brian Doyle from Windsor to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth and nothing but the truth?

BRIAN DOYLE: I do.

SENATOR JANOWSKI (56TH): Thank you. Please provide us with a statement.

BRIAN DOYLE: Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor, and members of the Executive and Legislation Nominations Committee. My name is Brian A. Doyle, and it is an honor and a privilege to be re-appointed by Governor Malloy to the Education Arbitration Board. My sincere thanks to this committee for the opportunity to appear before you this morning and speak about my desire to continue to serve on the Education Arbitration Board.

In 1975, I graduated with a bachelor's degree from Eastern Connecticut State University. I was employed by the state of Connecticut Judicial Department from 1977 to 1987 first by the Judicial Department in the state of Connecticut, Restitution Services Division, a federal and state program which investigated white collar crime and offered the court's alternative sentencing plans for offenders with an emphasis on financial and community restitution. 000575 11 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

From 1979 to 1987, I continued to work for the Judicial Department as a senior adult probation officer. While employed by the state Judicial Department, I attended law school, graduating from Western Newman College School of Law in 1987. I am married to my wife of 34 years. I live in Windsor, Connecticut. I have two adult children, and since I last appeared before you, I have become a proud grandfather.

Since 1989, I have been a principal in the law firm, of what is now Ferguson, Doyle, and Chester, where our concentration is public and private sector labor law. Our clients include the American Federation of Teachers Connecticut which, as you may know, represents over 10,000 public school teachers in the state. We also are counsel to the American Association of Universities Professors among other (18:02).

I have been a member of the Labor and Employment Relations Association for many years and presently serve on the Steering committee. I have been an arbitrator under the Teaching Negotiation ACT since 2000 and have been a member of numerous binding arbitration panels.

This continues to be a challenge in time of public education. The citizens of our state understand to being rightly wanting to know if their tax money allotted for public education is invested appropriately and prudently. We are all committed to maintaining the high standards and to make Connecticut schools the best in the country.

I believe the binding arbitration process is a viable one that balances the interests of the taxpayers, the community, as well as the certified employees. I look forward, with your approval, to continuing participate in what I consider a very important process now more than ever. 000576 12 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

Not only do I bring my years of relevant experience as an advocate for Connecticut teachers, but I also bring the pragmatic experience of a taxpayer and a parent of children who benefited from education received in the public schools including a magnet school in Harvard.

Once again, I am honored to appear before this committee today and of being reappointed by Governor Malloy. I appreciate your attention and I welcome the opportunity to answer any questions you may have.

SENATOR JANOWSKI (56TH): Thank you and congratulations on your nomination. You have been doing this since 2000.

BRIAN DOYLE: Yes.

SENATOR JANOWSKI (56TH): And possibly before.

BRIAN DOYLE: Since 2000 I was first appointed, yes.

SENATOR JANOWSKI (56TH): Yes. So you do bring a lot of actually a wealth of experience and knowledge to the table. You are one of those individuals that, was being talked about earlier.

BRIAN DOYLE: One of the old guys,

SENATOR JANOWSKI (56TH): (laughing), no I didn't say old guys I said wealth of experience and knowledge. That's a plus. I looked at your resume, and I appreciate that you have been serving as long as you have.

Just one follow-up question. I had asked it before I know that there has not been a lot of activity in the last couple of years because contracts have been successfully negotiated before they go to 000577 13 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE arbitration. I think that there has been just a few that had gone to arbitration.

How do you see that in terms of what has been your basically involvement prior to that? Where you called in quite a bit?

BRIAN DOYLE: Quite a bit.

SENATOR JANOWSKI (56TH): Before.

BRIAN DOYLE: In the last couple of years, as you have pointed out, there have been fewer and fewer arbitrations. I happen to think that is a good thing. I happen to think it is much better when the parties are able to negotiate and come to an agreement rather than put their issues before a panel. I think that's the last step of this process, and if the parties can afford their own collective bargaining agreement, I think that's all the better.

SENATOR JANOWSKI (56TH): Because of your vast experience one of the questions that is always asked of me at the local level is that there is an effort to make sure that the bond rating is very (21:47) not just the bond rating but the general fund balance is up to par so that it results in a favorable bond rating. Because if your fund balance is too low it can hurt your bond rating. So there is an effort by municipalities to keep it at a level where they do have a favorable bond rating.

However, their feeling is that is often perceived as when it is being considered in arbitration as a priority or a high element of ability to pay. How do you see that?

BRIAN DOYLE: I certainly think it is a factor. It is a factor for the panel to consider; the bond rating and what the reserves that is in place or not 000578 14 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

in place, is a statutory factor as far as I am concern to consider.

I think both parties have the opportunity to advocate for their position, and certainly the board and the municipality can have advocate for why those reserves should be maintained and should stay where they are.

It is also obviously a factor for the union side to say this particular board of education, this particular municipality, has an ability to pay. So it is a factor, and I think both sides have the opportunity to offer their perspective.

SENATOR JANOWSKI (56TH): And what about the mill rate. If the mill rate is going up by let's say half a mill of that particular year that the negotiations are taking place versus 1.5 mills, how does that impact the ability to pay?

BRIAN DOYLE: Again, I think it is a factor that the panel hears and certainly a municipality where the mill rate is going up one-half as opposed to a half, that's powerful evidence that perhaps this municipality has reached the end point.

SENATOR JANOWSKI (56TH): Very good. Thank you so much. Other questions or comments. Senator Guglielmo.

SENATOR GUGLIELMO (35TH): I just had a quick comment; I see that you worked with (24:13) for a year or two when you were with (24:19).

BRIAN DOYLE: Oh yes, yes, okay I forgot. I told you I was an old guy.

SENATOR GUGLIELMO (35TH): No, when I moved to Stafford he was one of our senior fellows in (24: 31) . 000579 15 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

BRIAN DOYLE: Yes.

SENATOR GUGLIELMO (35TH): Very good, a mentor to a lot of people, good guy.

BRIAN DOYLE: Yes.

SENATOR GUGLIELMO (35TH): Thank you.

BRIAN DOYLE: Thank you.

SENATOR JANOWSKI (56TH): Seeing no other questions or comments. We have one final question we ask all our nominees, is there anything in your background that can prove embarrassing to yourself, this body, the governor's office, or the members of the general assembly.

BRIAN DOYLE: No representative.

SENATOR JANOWSKI (56TH): Thank you very much and again congratulations on your reappointment.

BRIAN DOYLE: Thank you.

SENATOR JANOWSKI (56TH): Our and final nominee is Floyd Dugas from Milford to be a member of the Education Arbitration Board. Please raise your right hand. Do you swear to tell the truth and nothing but the truth?

FLOYD DUGAS: I do.

SENATOR JANOWSKI (56TH): Thank you. Please provide us with a statement.

FLOYD DUGAS: Thank you. Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor, and members of the 000580 16 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

Executive and Legislative Nominations Committee including of course Senator Guglielmo.

I want to thank you for the opportunity to sit here today before you for my re-nomination as a member of the Education Arbitration Board. I spent all but five years of my life in Connecticut. I went to public school here. I did my undergraduate work at the University of Connecticut. I am an attorney, and I am in my 30th-year practice of law, not so sure where that puts me on the old guy spectrum, but I'm getting there. I am a partner in the law firm of Berchem, Moses, and Devlin with offices in Milford and West Port and I am chair of the public sector labor practice for that law firm.

My practice focus almost exclusively on education law and public sector labor law and employment law. As such, I feel I not only do I have a strong command of collective bargaining but also of the Teacher Negotiation Act as well as the intricacies and operations of a public school system. I have served as an advocate for a number of boards of education and regularly counseled administrations of small, medium, and large school districts across the state.

While when necessary, I can be a firm advocate. I believe that my reputation in the business is one of fairness and integrity. I also believe that a negotiated settlement is best as my colleagues have noted.

That stated, I recognized there are times when the party simply cannot reach an agreement and arbitration is necessary. I have been involved in some of the more cutting-edge arbitration decisions and negotiated contracts in recent years, including the one Mr. Chester referred to when on opposite sides of the table in that matter that paved the way for education reform in New Haven, as well as an 000581 17 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE award that allowed for the prioritizing of a portion of custodial services in the New Haven public schools and one of the first arbitration awards providing for a defined contribution plan and that was for the town of Cheshire.

As a lawyer, I have appeared before the State Supreme Court twice; one involving the termination of the chief of police; the second timing involving the interpretation of what entity in the context of abortive education is considered the legislative body under mirror. For purposes of who can reject an arbitration award. The State Board Mediation and Arbitration took the view that it was the Board of Education. In my opinion, it was the legislative body of the town or city and the Supreme Court agreed with me.

In addition to my roles as a labor and education lawyer, I am a frequent lecturer on education and labor and (28:15) topics before such bodies, as the Connecticut Association and Boards of Education CABE, the Connecticut Conference of Municipalities and other forums. I am a regular presenter at CABE's annual conference including on topics such as negotiating in difficult times. I have been an adjunct professor of law at the University of New Haven where I taught courses in labor relations in a master's degree program.

I have been a board member and chair of the personnel committee of the Easter Seals Rehabilitation Center of greater Waterbury. I have three children, now adults, who have gone through and attended the Milford public schools where I live. Parenthetically, one is now a public school teacher. While I primarily represent employers and more particularly in the public sector, I also represent a number of private sector employers, and this will shock my colleagues over there, but I also represent one private sector union. 000582 18 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

I thank Governor Malloy for my reappointment and thank you for giving me the opportunity to appear before you today and of course I would be happy to answer any questions you may have.

SENATOR JANOWSKI (56TH): Thank you. Congratulations on your reappointment. You have been on the list since 2003.

FLOYD DUGAS: Sounds right.

SENATOR JANOWSKI (56TH): Yes. And obviously, you bring a great deal of experience to the table in labor law and your capacity as an arbitrator all these years is certainly very helpful. You're being appointed as a non-neutral regional board of educate to represent the interests of regional boards of education.

One of the terms that's commonly used in describing part of what the arbitrator does, is that the term interest of the public, that the decision has to be done with the best interest of the public in arbitration proceeding.

And, I just, because of your vast experience, I wanted to get an opinion from you as to what does that mean? Does it have to do with the ability to pay? Does it have to do with the best interest of the students? Does it have to do with the push and pull between the Board of Education who often is very much attuned to the best interest of the students, versus the municipality who is more in tune with the fiscal issue having to do with the potential increase in taxes to pay for those services? So just to get a better idea from you.

FLOYD DUGAS: Sure. I would first say that there probably is not a good definition of the term. There is certainly not one in the statutes and in interest 000583 19 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE arbitration in recent years; I think arbitrators and advocates have sort of struggled as to what that means. I don't think it necessarily refers to the fiscal component because that's already in there. It is separate and distinct. So I think it's open for each side to argue whatever they think is relevant.

So, on the management side, we would absolutely argue what's in the best interest of children, and that would be the primary argument I would make. On the other side of the isle teachers may make the argument that having, you know, well-paid, well­ compensated teachers is certainly something that is also in the public interest. So, I think it leaves the door open to argue whatever you think is appropriate and relevant under the circumstances.

SENATOR JANOWSKI (56TH): It is quite vague and very, very open to interpretation.

FLOYD DUGAS: It is.

SENATOR JANOWSKI (56TH): Other questions from committee members. Okay. I see no other questions. We have one final question that we asked all our nominees, and that is, is there anything in your background that can prove embarrassing to yourself, this body, the governor's office, or the members of the general assembly?

FLOYD DUGAS: No there is not.

SENATOR JANOWSKI (56TH): Very good. Thank you so much and again congratulations on your nomination.

FLOYD DUGAS: Thank you and thank you for your time.

SENATOR JANOWSKI (56TH): That concludes the candidate testimony of the public hearing. I would now ask if there are any members of the public that wish to testify. Seeing none, for the record I would 000584 20 March 17, 2016 gde/mc 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE

like to mention that we have two letters of support from AFT Connecticut, the union AFT Connecticut, and one letter is in support of Eric Chester for his reappointment to the Education Arbitration Board and the other is in support of Brian Doyle, again to be reappointed the Education Arbitration Board Panel. And with that, seeing that there is no other testimony here today, I would declare the public hearing closed and we will convene the committee meeting in about three minutes. 000585

Testimony before the Executive and Legislative Nominations Committee Testimony of John M. Romanow, Esq. March 17.2016

Good day, Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee. My name is John Romanow. It is an honor and a privilege to be nominated by Governor Dannel P. Malloy to continue to serve on the Department of Education's Panel of Arbitrators, representing the interests of Local and Regional Boards of Education.

I am a graduate of the Cornell University School of Industrial and Labor Relations(BS, 70) and have a law degree from New York Law School (JD cum laude '75). I have an extensive background in labor/management relations, particularly in the public sector. I began my career working for the New York City Office of Labor Relations, while attending law · school at night. I came to Connecticut in 1975 and began serving as the Director of Labor Relations for'the City of New Haven in 197 6. Subsequently, I engaged in the practice oflaw, representing numerous public and private sector clients in all aspects oflabor law and employee relations. Since 1986, I have been self-employed, primarily as an advocate arbitrator, having served on the Education Panel since 1993 and also as an Alternate Management Member of the State Board of Mediation and Arbitration. For many years, I also served as one of three members on teacher termination panels until the law was changed last year to provide only a single arbitrator for that process.

I believe that interest arbitration has served the parties and the public well here in Connecticut. I base this opinion on the totality of my experience as an advocate for more than 25 years and as a practicing attorney and. management representative in Connecticut for some ten years prior to becoming an arbitrator. While it is certainly not a perfect system, it is a statutory framework that has achieved its intended purpose over many years. It works best when both parties are represented by experienced professionals who understand the technical requirements of the process, as well as its practical limitations . . Likewise, the process requires a group of experienced practitioners to 000586

._

serve as panel members to ensure that decisions are made in compliance with the statutory standards. If I have any concern about the future for this process, it is that these experienced practitioners, especially arbitrators, are disappearing, one by one, and there is no pipeline or training program by which new competent arbitrators are being minted.

These are difficult economic times for our State. Over the course of the most recent recession and continuing to this_day, arbitration has served as an important instrumentto ensure that settlements and awards recognize the fiscal circumstances in which we find ourselves. Some time ago, the statute was amended to require that arbitration panels give priority to the Public Interest and the Financial Capabil~ty of the Public Employer. The role ofthe advocate arbitrator is particularly important to ensure that arbitration panels continue to properly apply this priority standard as well as the other statutory standards. It would be my great honor and privilege to continue to serve in this capacity.

Thank you for your consideration. I am happy to answer any questions _ the Committee members may have. 000587

Testimony before the Executive and Legislative Nominations Committee

Testimony of Eric Chester H- J lh I

March 17,2016

Good afternoon Senator Duff, Representative Janowski, Senator Kane,

Representative Buck-Taylor and members of the Executive and Legislative

Nominations Committee. My name is Eric Chester and it is an honor and privilege to be re-appointed to the State Department of Education Arbitration Board by

Governor Dannel Malloy. I offer my sincere thanks to this Committee for the

opportunity to appear before you and speak to my desire to continue to serve on the

Education Arbitration Board.

I was raised in Meriden, Connecticut where I attended public school until my graduation from Platt High School in Meriden. I enlisted into the United States

Army right out of high school and served four years in the Army where I was

assigned to 3rct Ranger Battalion and participated in Operation Just Cause in 1989

and served during Operation Desert Storm in 1991. I served an additional 4 years

in the Connecticut Army National Guard. My military experience provided me with a unique opportunity to serve my country and also see the world and I believe it prepared me for many of the challenges that I faced subsequent to being honorably discharged from the Army.

After my military service, I attended Southern Connecticut State University where I graduated with a Bachelor's in History and Secondary Education and maybe more importantly, met my wife. From there, I became a public school 000588

teacher in New Haven where I taught History and Social Studies to high school students for eight or nine years.

While employed as a high school teacher, I attended the University of

Connecticut School of Law. I went nights for four years and graduated from

UCONN Law School in 2004. Also while a teacher, I became involved in the New

Haven Federation of Teachers' Union where I served on the negotiating team for the Union during two separate contract negotiations. One went to binding arbitration and one was ultimately settled during negotiations. Upon completion from law school, I began working as an attorney for Ferguson & Doyle, which is. presently Ferguson, Doyle & Chester. Our firm represents working people collectively and individually in a myriad of capacities and forums. We represent bargaining units and their members in contract negotiations, grievance arbitrations, in formal hearings before the State Board of Labor Relations and the Workers'

Compensation Commission as well as in other forums.

I believe that my experience both as a product of public education, as well as representing public educators, from kindergarten teachers to college professors, has given me a unique opportunity to gain experience that will serve. the interests of certified employees and the arbitration process well as a member ofthis Board. I believe I know what is good for stUdents in the public education setting. My two children are students in North Haven public schools and I've had the pleasure to actually teach students for a number of years. I am quite confident that I can 000589

represent the interests of certified educators in the public education setting within the State of Connecticut.

I represented the New Haven Federation of Teachers in their negotiations which resulted in the agreement reached betweenthe Union and the New Haven

Board of Education which has been viewed by many as a ground-breaking agreement that shepherded in a number of reforms around education. I was also fortunate enough to be asked to represent the Hartford Federation of Teachers in their.binding interest arbitration regarding the very important issue of seniority and layoffs.

I am very interested in serving on this Board because I know the process can and does work. Binding arbitration gives both parties, management and labor, the leverage they need at the negotiating table to craft an agreement that they can both live with. The existing framework of binding interest arbitration instructs both labor and management that if they cannot come to an agreement, that there is a process whereby a panel of arbitrators, of which I would like to be a member of, will decide for them. Binding interest arbitration is a gamble for both sides. But it is not a process left to chance or luck. Rather, the statute lays out clear criteria by which the panel of arbitrators must rely on in coming to a reasoned decision. It quite simply, works. Given the increasing demands put on teachers today, coupled with the increased economic pressures placed on municipalities and their taxpayers, the binding interest arbitration process becomes more important. Labor 000590

and management must be assured that their differences will be resolved in an effective and fair manner. The Teacher Negotiation Act provides this assurance.

I am quite confident that I am able to represent the interests of bargaining units representing certified employees. Thank you for the opportunity to appear before you and for the honor of being considered and hopefully re-appointed to this

Board. I welcome the opportunity to answer any questions you may have. 000591

Testimony before the Executive and Legislative Nominations Committee Testimony of Brian A. Doyle HJ J~ci March 17,2016

Good afternoon Senator Duff, Representative Janowski, Senator Kane,

Representative Buck-Taylor and members of the Executive and Legislative

Nominations Committee. ·My name is Brian A. Doyle, and it is an honor and privilege to be reappointed to the Education Arbitration Board. My sincere thanks to this committee for the opportunity to appear before you to speak about my desire to serve on the Education Arbitration Board.

In 1975 I graduated with a Bachelor's Degree in Sociology from Eastern

Connecticut State University. I was employed by the State of Connecticut Judicial

Department from 1977 through 1987, first, by the Judicial Department in the State of Connecticut Restitution Service, a federal and state . funded program which investigated white-collar crime and offered the court's alternative sentencing plans, with the emphasis on financial and community restitution. From 1979 to 1987, I continued to work for the Judicial Department at the Office of Adult Probation, as a

Senior Adult Probation Officer. While employed by the State Judicial Department,

I attended law school, graduating in 1987 from Western New England College

School of Law. I am married and live in Windsor with my wife of 34 years. I am the father of two grown sons and since meeting you last, I am aprm.id grandfather.

Since 1989, I have been a principal in the law firm ofFerguson, Doyle &

Chester, P.C., where our concentration is public and private sector labor law. Our clients include the AFT Connecticut, AFT, AFL-CIO. AFT Connecticut, as many 000592

ofyou are aware, represents over 10,000 public school teachers in this state. We are also counsel to the AAUP, the American Association of University Professors,

University of Connecticut Chapter. I have been a member of the Labor and

Employment Relations Association (LERA) and presently serve on the Steering

Committee. I have been an arbitrator under the Teachers Negotiation Act since

2000 and have been a member of numerous binding arbitration panels.

This is a challenging time for public education. The citizens of our state rightfully want to know that their tax money, allotted for public education; is invested appropriately and prudently. We are all committed to maintaining high standards and to make Connecticut schools the best in the country. I believe the binding arbitration process is a viable one that balances the interests ofthe taxpayers, the community, and the certified employees .. I look forward, with your approval, to continuing to participate in this important process more now than ever. Not only do

I bring my years of relevant experience as an advocate for Connecticut teachers, but

I also bring the pragmatic experience of a taxpayer and a parent of children who benefitted from education received in public schools, including a Magnet School in

Hartford.

Again, I am honored to appear before this committee today, and of being reappointed by Governor Malloy. I appreciate your attention and I welcome the opportunity to answer any questions you might have. Thank you. 000593

· Testimony before the Executive and Legislative Nominations Committee Testimony of Floyd J. Dugas, Esq. March 17, 2016

Good afternoon Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor, and members of the Executive and Legislative Nominations Committee. I want to thank you for the opportunity to sit before you today for my re-nomination as a member of the Education Arbitration Board.

I have spent all but 5 years of my life in Connecticut. I went to public school here and did my undergraduate work at the University of Connecticut.

I am an attorney and this is my thirtieth year of practice. I am a partner with the law firm of Berchem, Moses & Devlin, P.C. with offices in Milford and Westport, and chair the public sector labor law practice for the firm. My practice is focused almost exclusively on education law and public sector labor and employment law. As such, I feel not only do I have a strong command of collective bargaining, but also of the Teacher Negotiation Act as well as the intricacies of the operations of a public school system. I have served as an advocate for a number of Boards of Education, and regularly counsel administrations of small, medium, and large school districts across the state.

While when necessary I have been a firm advocate, I also believe that my reputation in the business is one of both integrity and fairness. I also believe that a negotiated settlement is best. That stated, I recognize there are times when the parties simply cannot reach an agreement and arbitration is necessary. I have been involved in some of the more cutting-edge arbitration decisions and negotiated contracts in recent years including the contract that paved the way for education reform in New Haven, the award that allowed for the privatizing of a portion of the custodial services in the New Haven Public Schools, and one of the first .arbitration awards providing a defined contribution plan for new hires on behalf of Cheshire.

As a lawyer I have appeared before the State Supreme Court twice. Once involving a termination of a chief of police, the second time involved the interpretation of what entity in the board of education context is the legislative body under MERA, for the purpose of rejecting a binding arbitration award. The State Board of Mediation and Arbitration took the view it was the Board of Education. In my opinion, it was the legislative body of the Town or City. The Supreme Court agreed my view was consistent with the intent of the General Assembly.

In addition to my roles as a labor and education lawyer, I am a frequent lecturer on education and labor and employment topics before bodies such as the Connecticut Association of Boards of Education, the Connecticut Conference of Municipalities and · other forums. I am a regular presenter at the CABE annual conferences, most recently on the topic of "Negotiating in Difficult Times". I have been an adjunct professor of law at the University of New Haven, where I taught a course in labor relations in a master's 000594

degree program. I have been a board member, and chair of the personnel committee of the Easter Seals Rehabilitation Center of Greater Waterbury. I have three children who attended public school in Milford Connecticut where I live.

While I primarily represent employers, and more particularly public sector employers, I do also represent a number of private sector employers, and one private sector union.

I thank Governor Malloy for my reappointment and thank you for giving me the opportunity to appear before you today: I would be happy to answer any questions that you may have. 000595

W#= fVM AFT Connecticut • A Union ofProfessionals

Jan Hochadel, President AFT Connecticut

Executive and Legislative Nominations Committee March 17, 2016

Re: Brian A. Doyle, Education Arbitration Board Member ttJ lbd.

Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor, and members of the Executive and Legislative Nominations Committee. My name is Jan Hochadel, and I am President of AFT Connecticut, a statewide labor union of 30,000 members in education, healthcare, and state service. I am offering written testimony on behalf of Brian Doyle reappointment to the Education Arbitration Board.

Brian has served as a principal in the law firm Ferguson, Doyle, & Chester, P.C. for over a quarter century. AFT Connecticut is a long-standing client of Brian's firm. He has represented our teacher locals in numerous cases. He has shown judgment, expertise, and insight in these cases. Brian is a trusted advisor to AFT Connecticut. I strongly support his reappointment to the Education Arbitration Board.

Thank you. 00595A

Connecticut "~AFT,.., ' A Union of Professionals

Jan Hochadel, President AFT Connecticut

Executive and Legislative Nominations Committee March 17, 2016

Re: Eric W. Chester, Education Arbitration Board Member t±J )b{

Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor, and Members of the Executive and Legislative Nominations Committee. My name is Jan Hochadel, and I am President of AFT Connecticut, a statewide labor union of 30,000 members in education, healthcare, and state service. I am offering written testimony on behalf of Eric Chester's reappointment to the Education Arbitration Board. f:ric serves as a principal in the law firm Ferguson, Doyle, & Chester, P.C. AFT Connecticut is a long-standing client of Eric's firm. Eric represents our member local unions in numerous cases. He also represents the New Haven Federation of Teachers. He shows judgment, expertise, and passion in these cases. I strongly support his reappointment to the Education Arbitration Board.

Thank you. 000596

THE Col\"NECTICFT GENER...<\L AssEl\IBLY Joint Committee on Executive and Legislative Nominations

Senator Bob Duff Representmiw Claire Jcti/Olrski Co-Chair Co-Chair ;1.-enrc.·-fiflh Disn·icr Fifty Sixrh DistricT

Executive and Legislative Nominations Committee

PUBLIC HEARING AGENDA

Tuesday, March 22nd, 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW . . House Joint Resolution(s)

John M. Gesmonde, Esquire from Northford, to be a member of the Education Arbitration Board

Loren Lettick, Esquire from Wallingford, to be a member of the Education Arbitration Board ·

Emanuel N. Psarakis, Esquire from Simsbury, to be a member of the Education · Arbitration Board 000597

2016 Executive and Legislative Nominations Committee

Attendance Committee Leadership: J Rep. Janowski, Claire (Co-Chair)

Sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice Chair)

J Rep. Vargas, Edwin (Vice Chair)

Rep. Buck-Taylor, Cecilia (Ranking Member)

Jsen. Kane, Robert (Ranking Member)

Committee Members:

Rep. Albis, James

Rep. Berger, Jeffrey

J Rep. Camillo, Fred

J Sen. Crisco, Joseph

-J Rep. Dargan, Stephen

Sen. Doyle, Paul

Sen. Fasano, Leonard

Rep. Giegler, Janice

Rep. Godfrey, Bob

Sen. Guglielmo, Anthony

Sen. Hartley, Joan

.J Rep. Perillo, Jason 000598 1 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

CHAIRPERSON: Representative Janowski

SENATORS: Kane, Crisco

REPRESENTATIVES: Vargas, Camillo, Dargan, Perillo

REP. VARGAS (6TH): We'll call the meeting to order. We have some safety information from a staff person.

[Indiscernible muffled speaker]

REP. VARGAS (6TH): Thank you. We have three nominees today; all are House Joint Resolutions for public hearing. The first is Mr. John M. Gesmonde, Esquire from Northford who is being nominated to be a member of the Education Arbitration Board. Will Mr. Gesmonde please approach the microphone? Before you take your seat could you raise your right hand? Do you promise to tell the truth and nothing but the truth? Okay you may take the seat and if you push that red button that will turn on your microphone and we'll start by allowing you to give us an opening statement.

JOHN M. GESMONDE: Very well Senator Kane, Representative Vargas and Senator Crisco. Thank you for inviting me today to speak to you concerning my proposed reappointment as an advocate arbitrator representing the interest of employee organizations. I believe my educational and professional backgrounds are already before you in the form of a resume so I will not repeat that information in these comments. 000599 2 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

I've been privileged to serve as an arbitrator pursuant to the Teacher Negotiations Act since appointed by former Governor O'Neill in 1983. Because of my longevity in that position I may have served on more arbitration panels than any other current advocate arbitrator. This experience, as well as that representing working people and some 90 labor unions for over the past 40 years, allows me to be useful in helping to dispose of many arbitration cases during or even before the start of the actual arbitration hearing.

The latter is something that you will not read about in the state statues yet it is probably the most satisfying, albeit not necessarily the most remunerative, aspect of serving as an arbitrator. Sometimes I may be asked to meet with a teacher negotiation team before the first arbitration hearing to assess the position of the teachers' union undisputed issues. This may lead to modified proposals from the association, further contacts with the attorney for the Board of Education by the union representative and resolution of some or all of the issues require to commencing the arbitration hearing itself.

The same process may also occur during the actual arbitration hearing in caucuses held by the parties and their advocate arbitrator. Because I believe the public policy of the state of Connecticut is to encourage voluntary settlements of labored disputes, I take this part of being an arbitrator extremely seriously. In those cases where the dispute may be settled in its entirety or even partially, the resumption of amicable employer/employee relations is enhanced. 000600 3 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

Probably the most stressful part of being an advocate arbitrator for employee organizations is in trying to convince the union to modify its position in order to have any chance of prevailing on the subject issue or issues at hand. I have always said that the most difficult negotiations are not with your component but with your own client. It is a sensitive and often unpopular role to assume when one has to tell the negotiation team that you represent after all their hard work that they are out of bounds or doomed to failure unless a significant revision to their proposals before their last best offer is made. The essential scene is always reasonableness in light of the statutory factors.

On the other hand I often find my responsibility is to advise the teacher negotiation team that it should not make any changes in their proposal or proposals. This of course is consistent with my function in representing the interest of the employee group and in making sure that the ramifications of an over-reaching proposal by a Board of Education is fully appreciated by a particular negotiating team.

After exhausting all efforts to resolve a dispute from prior to arbitration, through the arbitration hearings themselves, there is then the responsibility to argue the employee organizations position in what is called an executive session with the arbitration panel, which meets the deciding case. These sessions may be several hours to several days in duration depending on the number and complexity of the issues. Unfortunately because of 000601 4 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

the confidentiality aspect of the process, no one really knows how passionate and often heated that advocate arbitrators may become in serving of their particular positions or views.

Prior to the executive session, there is usually one or more days of preparation that is involved in reviewing and analyzing all of the exhibits that were submitted during the arbitration proceedings including reading the post-arbitration briefs of the parties taken, reviewing your own notes on the evidence, and doing calculations related to the monetary issues to use in arguments during executive session.

Finally it is expected that the advocate arbitrator will dissent all issues that were not rendered in favor of the entity he or she represents. Occasionally that dissent necessitates a written opinion, and I believe you have been supplied with an example of one that I did, even though it never changes the result.

Lastly, this is not on the prepared speech, but on the way over I realized that also for the same number of years, 33 years, I as an arbitrator have been invited to do workshops for the Connecticut Education Association every summer during their retreat and engage in mock arbitrations and mock mediations in order to better educate the teachers in the process.

So thank you very much. I very much appreciate your consideration of my nomination as put forth by the Connecticut Education Association and as recommended by the Governor. It has been an honor for me to 000602 5 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING serve for the past 30 years. I came here in my 30s and I am now in my 70s and I continue to hope that I will be able to represent the interest of employee organizations and I hope that you will see fit to allowing me to do so.

REP. VARGAS (6TH): Thank you sir and I've seen you've been on the board since 1983 appointed by Governor O'Neill.

JOHN GESMONDE: Correct.

REP. VARGAS (6TH): And I had a personal experience with this having been chief negotiator for the Hartford teachers and I know the process very well and your reputation precedes you and heard very many good things about your service to the board. Have you served on the AAA?

JOHN GESMONDE: No because I am a representative exclusively of teachers and school administrators' organizations. I've actually served as an arbitrator for the Hartford teachers and I represent the Hartford administrators but I have not applied for, or served on, the AAA tripartite panel. REP. VARGAS (6TH): You are right. It probably would be difficult since you've had continuous service as a labor arbitrator since '83 and I believe they require like a 5 year hiatus before.

JOHN GESMONDE: That sounds correct.

REP. VARGAS (6TH): Before you can become a neutral. I think I'm satisfied. I congratulate you on your re-nomination by the governor and I will open it up for any questions. 000603 6 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

SENATOR KANE (32ND): Thank you Mr. Chairman. Good morning. Your testimony you said that probably the most stressful part of being an advocate arbitrator for employee organizations is trying to convince a union to modify its position in order to have any chance of prevailing on the subject issue at hand. What does that mean?

JOHN GESMONDE: Well CEA representatives have often asked me to speak to their negotiating teams prior to the arbitration and often times the representative may feel detached from the negotiating team because the negotiating team may feel very strongly about issues and the CEA rep may feel through his or her experience that it's going to be difficult. So I may be called in as sort of a fresh view although someone who is also should be perceived as being very loyal to the teachers union and I'll look at some issues and I'll say look there is no way you're going to prevail on this. You're either going to have to modify it or drop it or whatever, and you know, they will more likely accept an opinion that I might give if they've already sort of alienated themselves from the arbitrator who they feel maybe is not being aggressive enough.

And, as a result, that process helps to resolve issues. There is no point in going through a contested arbitration hearing when you know or I should say I know that the chances of making a creditable argument before an experienced arbitration panel is very little and I get the privilege of telling them that. And that has happened a lot. I have often done that, I've often 000604 7 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING been called upon to do that and it's something that I actually enjoy.

SENATOR KANE (32ND) The next line in your testimony says that you have, "I've always said that the most difficult negotiations are not with your opponent but with your own client." That's how you seek the other side as an opponent?

JOHN GESMONDE: Well I am partial. The employee representatives as the board representatives are advocates, so we're sort of like the catcher in the pitcher and catcher relationship. I do see the other side as an advisory. I don't think when you get to the arbitration stage of the process you are beyond collaboration with the exception of the instances I gave you when you might caucus and you might try and convince your own group to make a resolution. But I do a lot of negotiations for the unions that I represent and during the negotiation process itself, even in mediation, there is a strong sense of collaboration to try and come to an agreement. But, usually by the time you're at arbitration, the parties positions have hardened and with the possible exception of the examples I gave you, you are in a contest. I don't see them as an opponent in terms in a negative sense but they certainly are an opponent in a sense of having opposite views.

SENATOR KANE (32ND) Ok, thank you Mr. Chairman.

REP. VARGAS (6TH): Thank you Senator Kane. I understand how difficult that is, you know, when by the time you get to arbitration sometimes the parties feel so justified and entrenched in their 000605 8 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

positions that the fact that you're able to sometimes in caucus convince them to modify their position is remarkable. If somebody really believes that they've been hammered in past negotiations and to catch up they need a 5% and you tell them it's unrealistic, you know, if you look around contracts are coming in at 2% and 3%. Very hard for people to accept that if they really feel that their position is --

But, I think that the board has worked well. I remember the Bridgeport teacher strike in the 70s and since then, you know, we've had relatively labored peace and we haven't had a strike since then so I think that the board has done its job well. Before we wrap up, if there is no further questions from the Committee, there is a question we ask all our nominees. Is there anything in your background that could be embarrassing to yourself, to the governor, to the general assembly, or to this committee?

JOHN GESMONDE: No sir.

REP. VARGAS (6TH): Ok, well, thank you very much and congratulations again.

JOHN GESMONDE: Thank you, thank you.

REP. JANOWSKI (56TH): The next nomination is Loren Lettick, Esquire from Wallingford, to be a member of the Education Arbitration Board.

Please raise your right hand. Do you swear to tell the truth and nothing but the truth? [indiscernible] Thank you. Please provide us with a statement. 000606 9 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

LOREN LETTICK: Good morning Representative Vargas, Representative Janokowski, I'm sorry Janowski; Senator Kane, and Senator Crisco [indiscernible] . My name is Loren Lettick. I am honored and privileged to appear before this committee and to have been nominated by Governor Daniel Malloy for reappointment to the State Department of Education Arbitration Panel representing the interests of local and regional boards of education. I am sincerely grateful to this committee for the opportunity to appear before you to express the reasons for my desire to be reappointed to the Education Arbitration Panel.

I have lived in Connecticut all my life and I am proud to be a product of the public school system in this state. I reside in a home that my wife and I have owned for nearly 39 years in Wallingford where I am the Chairman of the Town Personnel and Pension Appeals Board. I hold a Bachelor's Degree in Accounting from Temple University and a law degree from the University of Connecticut School of Law and a Masters of Law Degree in taxation from Boston University Law School.

I have been a member of the Connecticut Bar since 1971 and until my retirement from a full time practice of law, I was an associate member of the Committee Association of Board of Education, The Connecticut School Attorneys Council and the National School Boards Association. Thirteen years ago I retired from full time practice after nearly 30 years of representing local and regional boards of education throughout the state. During that time I was actively involved in teacher contract negotiations, mediation and arbitration predating 000607 10 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

the current binding arbitration law when advisory arbitration and unlawful teacher strikes were commonplace.

I have a thorough working knowledge of the issues that repeatedly arise in teacher contract negotiations as well as the familiarity of many of the negotiators, mediators and arbitrators who are involved in the process. Although my participation in teacher negotiations has been limited to representing school boards, I enjoy a friendly relationship with the states' major teacher union. Like Attorney Gesmonde, I was invited annually by the Connecticut Education Association Program for more than a decade to speak and coach at their summer leadership conference. The difference is that I was the enemy. [laughing]

I have witnessed maturing of the teacher arbitration process over the past four decades and I am proud and honored to have participated in this very important function both as an advocate and as an arbitrator. Although I am now retired I look forward to a continuing role and balancing the needs and rights of public school teachers with the economic realities and managerial authority that are essential to the proper operation of our public schools.

Thank you for your time and attention and I'll be glad to answer any questions.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination.

LOREN LETTICK: Thank you. 000608 11 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP. JANOWSKI (56TH): You are being reappointed as a non-neutral member representing management which is local and regional boards of education. Now you have been involved with this since 1997, or there abouts?

LOREN LETTICK: I have been involved with it since the 70s but I have been an arbitrator on this panel since 1997. Yes. REP. JANOWSKI (56TH): Ok, and since that time I'm assuming you had a lot of, a number of calls regarding sitting in on some arbitration issues. LOREN LETTICK: Oh I have -

REP. JANOWSKI (56TH): Not recently like during the last couple of years or so?

LOREN LETTICK: I think there was only one contestant arbitration last year throughout the state and that one settled, but I think my most recent was two, maybe three years ago. I had two arbitrations I think two years ago. It might be three years ago. But I think that is a measure of success of the process, that the early years there were dozens of arbitrations each year as people would go through the learning process of what arbitration is likely to do and how it is likely to wind up, the advocates for both sides have come together either through mediation or even short of mediation have settled their contracts and very few are going to arbitration these days.

REP. JANOWSKI (56TH): Thank you. Other questions from committee members? 000609 12 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP. VARGAS (6TH): First of all congratulations on your re-nomination. As a management representative you're there to make sure that Boards of Education and their interests are safe-guarded during the whole process and just like the previous arbitrator is there to make sure that labor issues are safe­ guarded during the process and both of you work with a neutral arbitrator that represents the public interests and as I have looked over the years at the process usually the divisions are 2:1 when the management arbitrator and the neutral join together sometimes against the labor or the neutral and the labor arbitration join against the management arbitrator.

Sometimes on different issues you have got a different configuration on the 2:1 vote, rarely is there any unanimity on this because like a previous speaker said it is somewhat of an adversary relationship between labor and management with the neutral arbitrator being the tie breaker on an issue by issue resolution. So having been a participant in this process for a long long time I know that it's important that both the interests of labor and the interest of manager be brought forth and that the neutral arbitrator tried to make a decision based on the most information and I guess people have come to the conclusion that they have less control once it reaches that process and I guess that's why we are having less and less of these arbitrations. Can I have your take on it?

LOREN LETTICKI: That is exactly right. I was in the room when Attorney Gesmonde gave his presentation and I endorse everything he said. He and I have been involved in many arbitrations as either . I 000610 13 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

opponents or adversaries are with conflicted views and we've often resolved many of the issues and at least whittled down the number of issues from perhaps 20 down to okay here are the 3 that really need something lets resolve these. That process is very useful to the parties. While we do consider ourselves adversaries, there is the protection of course of that neutral arbitrator in the middle, not quite inevitably but almost inevitably that there will be the 2:1 resolution of each issue.

Remember this is last best offer binding arbitration that's why at the end of Mr. Gesmonde's presentation he talked about working with his own team. I'd do the same thing with my team and if you must find what you believe to be the most acceptable of many unacceptable positions so that that last best offer is more attractive to the neutral than the last best offer that was signed. There is no compromise. There is no way to say well you're out here and you're out here so we're going to decide in the middle. It can't be done under the law so we have similar views but on behalf of opposite constituents.

REP. VARGAS (6TH) Well you know just like arbitrator Gesmonde was explaining before if 3% is the going rate in the region and his clients want a 6 or a 7% it's his job to tell them if you're go in with that last best offer the chances are the neutral parties are going to side with the management arbitrator. Just like your job if 3% is the fair salary raise, if your clients believe that they can get away with a 0, it's your job to say well maybe we're better off with a 1 or a 2, get closer to that 3 because if we come out with a 0, 000611 14 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

chances are the other side will probably prevail with the neutral as showing that their position is closer to the market rate.

So in terms of the neutral or public interest arbitrators many people don't know that the law actually allows the parties to go to a single arbitrator and just have the neutral but that is seldom the decision because I think people want that neutral to have the benefit of the management and labor arbitrator.

LOREN LETTICKI: I think that's very true and there have been some single arbitrator cases but typically they involve a single issue that is pretty black and white and I don't recommend it as one of the reasons I would be excluded from the process and all the rest of the advocate arbitrators would be. But the real reason is that there's a fuller case development when the tripartite arbitration panel is involved.

One thing you said that is very true and that is when you talked about trying to do the same thing but in the opposite direction convincing the Board of Education to raise its position. If you're unsuccessful in doing that and you know going in there is no way we are going to win that issue. Well maybe you can use that as leverage to win some of the other issues that are out there. Some language issues perhaps so that you know going in its going to be a loser, well maybe we can retrieve some of the managerial language that we were trying to get. So there are different dynamics that go on depending on the situation of the particular case. 000612 15 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP. JANOWSKI (56TH): Any other questions. I see none. We have one final question that we ask all our nominees. Is there anything in your background that can be embarrassing to yourself, this body, the members of the general assembly, or the Governor's Office?

LOREN LETTICKI: I have had several personally embarrassing moments in my lifetime but none I think that would embarrass the "Governor".

REP. JANOWSKI (56TH): Thank you very much and again congratulations on your nomination. The third and final nominee for today is Emanuel Psarakis, Esquire from Simsbury, to be a member of the Education Arbitration Board.

Please raise your right hand. Do you swear to tell the truth and nothing but the truth?

EMANUEL PSARAKIS: I do.

REP. JANOWSKI (56TH): Thank you. Please provide us with your statement.

EMANUEL PSARAKIS: Good morning Senators and Representatives of the Executive Nominations Committee. My name is Manny Psarakis. It's Irish by the way. It's a privilege to appear before you as Governor Malloy's nominee for the position of impartial arbitrator serving the public interest for the Education Arbitration Board.

I hope that my background and experience will commend itself to you. My whole career on the field of employment, labor, discrimination and arbitration 000613 16 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

ever since I graduated from Law School and when I first entered public service as an attorney with the National Labor Relations Board in Washington, D.C. Following a number of years practicing with the Federal Government I entered private practice, came back here in Connecticut and specializing in labor, employment, discrimination matters representing clients in all areas of private and public sector including the State of Connecticut at times, State and Federal Courts, practiced before State Administrative Commissions and was a legal advocate in a lot of mediation and arbitration matters for the past 40.

Having been appointed by our Governors Dempsey and Grasso, I was an impartial hearing officer for the Commission on Human Rights (CHRO) and I spent eight years there presiding over trials where I also issued decisions in those kinds of cases. Then following that I was appointed by Governors Rell and Malloy as an impartial arbitrator and moderator for the Education Arbitration Board.

Following my retirement of a full time law practice I now teach at Quinnipiac University School of Law in the areas of arbitration, labor law, employment law, discrimination law and the director of the schools work place concentration program. Since 2001 I have been a para-judicial officer and special master of the U.S. Federal District Court in handling cases assigned to me by various Federal Judges Chatigny, Thompson, Hall and [indiscernible] where I was a mediator trying to settle litigating cases before the US Federal District Court here in Connecticut. 000614 17 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

For the past 13 years, following my retirement, I served as a panel arbitrator and mediator and several arbitration and mediation providers like the American Arbitration Association, Connecticut Department of Education, American Dispute Resolution Center and an arbitrator for the State Employees Review Board and several others. I have had many many such cases in doing that so I hope that my practical experience as a long-time legal advocate plus professor of Law teaching law will commend itself to your committee.

In my working career I must tell you that I haven't practiced extensively as a lawyer representing one side or the other in teacher employment board of education disputes but I am familiar with teacher employment relations issues involving education and I'd like to submit two significant experiences that I've had in this regard.

Just prior to my retirement I and another attorney in my firm were engaged to do a comprehensive analysis of all public labored union contracts with the City Waterbury involved about 3000 employees and about 1400 teachers with their contracts and our charge was to analyze for that Waterbury Financial Assistance Board all the contracts that Waterbury had and compare them with teachers contracts and other municipal employees contracts throughout the state of Connecticut to see how Waterbury stacked up with their wages and conditions of employment that are to be included in subsequent labor contracts and that was pursuant to a Waterbury Financial Assistant Board that was designated by a statute by this legislature that kept them out of a financial crigig. 000615 18 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

That gave me, I think, a fair amount of experience at understanding boards of education, teachers contracts, etc. I hope that experience commends itself and also my interest in public education matters led me and my wife with another couple to start a foundation under what's called I Have A Dream education program where we personally adopted and sponsored an entire class of 6th grade students here in Hartford, Connecticut from the South Arsenal School here in Hartford. The same school some 23 years ago. My wife and I spent 11 years with the kids from 6TH grade all the way through high school, promised to pay for their college education provided they stayed in school, finished school and earned their way to be admitted to some form of higher education.

And what we did for 11 years is we immersed themselves in our lives, dealt with their families, their teachers, the board of education, hired special teachers, we hired tutors, we hired mentors, volunteers and because of that I came pretty intimately connected with issues involving minority students especially in the inner city and the public school system and the struggles that these kids encountered to complete their education. That I think helped me understand much better the efforts of teachers, boards of educations, the students. Even those in the poorest areas of Hartford. The kids in the Hartford class that we adopted were in the 6th and 7th percentile and the mastery scores [indiscernible] came from within the 96th percentile. 000616 19 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

While recently we had a 20 year reunion with these kids, these dreamers. What a joy to see what they are now in life. Kids from the South Arsenal School over 80% graduated and got at least a GED certificate. Those that went off to college, some are working in the Hartford Municipal Government right now, one is an Army Sergeant having made tours in Iraq, one is a UCONN graduate who teaches advanced math in a private school, several are nurses aids and others are working in hotel and motel management, graduated from community colleges in central Connecticut and others are certified nurse's assistant, one has an associate's degree in an oncologist office, another kid went to the Peace Corps, one worked for the FBI and one is now a Federal Parole Officer. That's the results with that particular class.

So, I will tell you with that experience has led me to believe that those of us who are blessed in life, one can and do much for the public interest and I hope that these skills and experiences will commend itself to your committee in reaching a decision. I am grateful for you giving me the time to engage in some review of what I've done for the last many many years. I appreciate your attention. Welcome the opportunity to answer any questions that you have at this point and thank you.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination. It sounds like you are very proud of those kids and their successes.

EMANUEL PSARAKIS: It was an honor to work with them for all those years, my privilege. 000617 20 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP. JANOWSKI (56TH): And it's great to see that you did get involved with I believe it was the Hartford School System at South Arsenal?

EMANUEL PSARAKIS: With the Board of Education, with the Teachers Union, issues involving whether you have classes in Spanish or if you have classes in English, all range of issues involving

REP. JANOWSKI (56TH): You know as much criticism that there is sometimes of the Hartford School System and Hartford in general, they actually have a very good long-term service, the public education system in Hartford does. I have ran into three or four different individuals who have attended the Hartford School System including myself, I grew up in Hartford, and you know there's a lot that is being accomplished regardless of the problems that do exist. So I do appreciate your contributions in that regard. You are being appointed as a neutral arbitrator.

EMANUEL PSARAKIS: Right.

REP. JANOWSKI (56TH): And, you have been doing this for some time.

EMANUEL PSARAKIS: Yes.

REP. JANOWSKI (56TH): And it was also interesting to hear that you also served on the review panel.

EMANUEL PSARAKIS: The what panel?

REP. JANOWSKI: The review panel. 000618 21 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

EMANUEL PSARAKIS: Yes.

REP. JANOWSKI: You mentioned that you were at one point part of a review panel and I'm assuming that's the review panel that whenever a town rejects an arbitration award it automatically goes to a review panel and that panel looks at it to see if there is any changes that would need to be made. Is that the review panel that you were referring too?

EMANUEL PSARAKIS: Yes that is.

REP. JANOWSKI (56TH): Then this is an appropriate question for you that I noted. When a town does reject an initial arbitration award and it is reviewed, how effective is that review system and does the town's rejection typically change the outcome and if so, in what ways does that outcome change?

EMANUEL PSARAKIS: Well what you do is you review the whole record of what happened before and if you're persuaded that there ought to be some changes in that, I guess you could adopt what happened. I have not served on any panels as such. I am just a member of the panel and I think the review panel that you are referring to is not the arbitration review panel on the board of education; it is a review panel that I am a member as a result of any grievances filed by the 1500 or 2000 nonunion employees of the State of Connecticut. We handle all of the grievances that are brought to us by managers and all of those individuals. I have been on that board now for nine years handling grievances that come through the nonunion area in Connecticut. 000619 22 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP. JANOWSKI (56TH): So it's a different board? But there is a review panel that looks at contracts. For example, I think there is a history in my town that only one contract was rejected by the local council and that, I believe, went to a review panel to look at and after it was reviewed nothing changed. Is that usually the outcome to your knowledge?

EMANUEL PSARAKIS: I think that's understandable after you've gone through this entire process in negotiations, mediations, final offer, issue by issue and there could be hundreds of issues put out there for the arbitrator to come up with a decision and if the town rejects that they may reject it for the wrong particular political reasons but then the review panel has to look at it.

In light of the factors under the statute and to get out of the political aspects that have been taking place when the time rejected that, so I would think that often times that those would be upheld because the initial process coming to that was one where you squeeze out all of the politics involved and you get down to where the real nitty gritty is, what are the comparable wages for municipality as compared to others that's what the original board reviewed.

REP. JANOWSKI (56TH): That's what I thought and I think that's what happened in my town but they can also come back with even a more favorable amount. I think that happened once that I recall in another town where they rejected and then it was reviewed and it was discovered that while here is the decision and the decision was more favorable in the amount than the prior decision. . I 000620 23 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

EMANUEL PSARAKIS: There are risks on both sides.

REP. JANOWSKI (56TH): Right, there are -- because they can open up everything at that point. Other questions from committee members? Senator Kane.

SENATOR KANE (32ND): Thank you Madam Chair. Good morning. Did you say you were hired by the Oversight Board in Waterbury?

EMANUEL PSARAKIS: Yes that is correct.

SENATOR KANE (32ND) : Your firm was?

EMANUEL PSARAKIS: Firm was, yes.

SENATOR KANE (32ND): At what point?

EMANUEL PSARAKIS: At the point of which Waterbury was really down in the dumps and requested --

SENATOR KANE (32ND) : No I am familiar with Waterbury being in the dumps. No need to bring that up.

EMANUEL PSARAKIS: Just thought I would summarize that.

SENATOR KANE (32ND) : I grew up in Waterbury and have a business in Waterbury so I am well aware of the situation, but I am asking time line?

EMANUEL PSARAKIS: The time line was just before I retired so it was 12 years ago. Waterbury Financial Assistance Board had the special act and we were 000621 24 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

retained to do a complete comprehensive survey of every single collected bargaining contract in Waterbury including teachers and .come up with how they stack up compared to other municipalities in the state.

SENATOR KANE (32ND): Okay and what did you find?

EMANUEL PSARAKIS: What we found were that in a number of instances there were some areas in Waterbury that were relatively rich compared to other municipalities having taken place over a number of years. So little by little by little it turns out that Waterbury contracts some of the benefits were relatively rich and we made no recommendations at that point but that was used as a basis and for going forward in negotiating contracts later on which we were not involved in.

SENATOR KANE (32ND): When you say the benefits were relatively rich. What do you mean by that? EMANUEL PSARAKIS: Well benefits like retirement benefits, paid time off benefits, and medical benefits in terms of whether there were copays by employees as compared with what other municipalities.

SENATOR KANE (32ND) : And was that with all labor across or just the teachers?

EMANUEL PSARAKIS: No this was I'm just trying to recall, it was 13 years ago. What you had was depending on the particular unions involved. There were some unions in which the benefits were richer. In terms of teachers, I don't recall really as to how much or whether or not they were ahead of 000622 25 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING others. But Waterbury was in a fairly good position in terms of the benefits that they gave employees -

SENATOR KANE (32ND): Very generous.

EMANUEL PSARAKIS: And we had recommended for the town going forward that perhaps they should take a hard look at what they are going to negotiate in the future.

SENATOR KANE (32ND) : For years and this may be antidotal but for years it was kind of understood that in order to get someone into municipal or state service, because salaries were not as good as the private sector, a very generous benefit package was given to off-set that. Now it seems that salaries are equal if not greater than the private sector and the benefits too are greater. Is that a fair assumption in your mind?

EMANUEL PSARAKIS: Well I'm running through every single private contract that I know of and municipal contract and it's hard to come up with that judgement exactly. It's true that in some areas that benefits are a little higher than in the industry but my own personal view --

SENATOR KANE (32ND) : Did you say the benefits are higher in the industry?

EMANUEL PSARAKIS: In terms of the benefits. Like for example you may not have as what's happened in private industry 401K plans for retirement rather than the fine benefits. That hasn't changed quite as much or quite as quickly in the -- 000623 26 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

SENATOR KANE (32ND): So that would mean that it's more generous in the public sector than the private sector?

EMANUEL PSARAKIS: In that area. But, the extent to which they may be more generous really is a question. You've got to look at the whole package; what are their wages, what are their benefits, what are the components of the benefits I think before you can make a judgement as to whether they are or they aren't. There has been a lot of stuff in the press like what we call opinion letters and letters to the editor saying that the state employees are really pretty rich in the salaries and benefits but upon analysis you have really got to do a comprehensive study to see exactly what that means in my judgement. So I'm not prepared to say that they are richer as such.

SENATOR KANE (32ND): No I was speaking 10,000 foot, you know.

EMANUEL PSARAKIS: In other words I must tell you that we came to the judgement 13 years ago with respect to Waterbury after a comprehensive analysis of all the benefits and all the wages to see what we are talking about rather than to focus on one area.

SENATOR KANE (32ND): Listen don't get me wrong, there were multiple reasons why Waterbury had the problems it did, certainly the administrations kept putting off re-evaluations, you know, but also it got to a point where the state needed to take over or because it was just out of money. But go ahead. 000624 27 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

EMANUEL PSARAKIS: And as a result of that study that was used as a basis for going forward on labor contracts and cutting back on benefits as they're negotiated on going forward.

SENATOR KANE (32ND) : Do you or your firm still have that study?

EMANUEL PSARAKIS: Having retired from my firm for 13 years I can't tell you. It was about a 90 or 100 page document. I have a copy of the study.

SENATOR KANE (32ND) : I would love a copy of that if it's possible. I will give you my email before you leave.

EMANUEL PSARAKIS: All right, I would be very happy to send you a copy of that. There is in that study like a 10 page executive summary which summarized all the things and then there's about a 100 some odd pages analyzing the components of every single contract and that was used as a basis then. The Waterbury Financial Assistance Board then decided what the negotiations were going to result going forward based on the comments of that.

SENATOR KANE (32ND) : Thank you very much. Thank you Madam Chair.

REP. JANOWSKI (56TH): Thank you. Just piggy backing on it, did that include a study of defined benefit versus defined deferred compensation plan? EMANUEL PSARAKIS: It reviewed exactly what was the case in Waterbury was and then compared for example retirement benefits with other similarly situated municipalities that we compared with Waterbury and 000625 28 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

whether they were defined benefits or not, time off, paid leave time, wages, etc and compared every single aspect of that.

REP. JANOWSKI (56TH): Okay because pension plans are a pet peeve of mine only because I worked with them for so many years and I remember when deferred compensation plans were being offered and those were true pension plans. The businesses got a big huge tax break out of making those contributions. What people don't know today is that real people, like everybody else, when you buy an IRA you don't get a tax break you get a deferral.

So they are not really true pension plans. They are savings plans as is a defined contribution plan. There is very little risk on the part of the employer so there is a great benefit of the employer no longer offering the deferred compensation plans because they don't have to guarantee anything. Those were guaranteed. Defined contribution plans are totally our responsibility and there are no guarantees including the investment aspects of it. They are very risky. So to say that, I don't mean to get on my soap wagon here, but to say that those are pension plans, they're not pension plans, they're not treated as pension plans by the IRS or anybody else. So I've said my spiel.

EMANUEL PSARAKIS: Your position -

REP. JANOWSKI (56TH): Representative Vargas.

REP. VARGAS (6TH): Yes. Congratulations on your reappointment and I also as a 35 year veteran of the Hartford public schools system where I taught mostly 000626 29 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

30 years of those 35 years as a high school teacher and my last 5 years as the head teacher of the adult school.

I want to thank you for your work with the kids and for all the wonderful outcomes that have came to past thanks to the dedication of people like you and I think we'd all be better off if more people thought that way. To those who have much as given much as expected right so I believe that you've had a great impact on, from what you were telling us a great impact on, those kids in terms of going into the future.

Hopefully they will have impacts on others because these things tend to multiply this way and as a former teacher I run into former students of mine throughout the region and it's always very rewarding to hear them say how much they benefited from a Hartford public school education.

I am an advocate of the neighborhood schools and although I was an early supporter of a lot of the alternative programs in schools such as charter schools and magna schools and the rest, I believe that maybe it's time now that we re-emphasize where 95% of our kids are out in their local neighborhood school and put more of an emphasis on helping the main ship. The little kayaks are doing okay on their own.

The other thing I wanted to say is that you were here when we were talking with the advocates of labor and management that would serve on these tripartite panels as a public interest arbitrator, neutral arbitrator, what is your feeling in the 000627 30 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

terms of the benefit of having these competing arbitrators in these meetings with you? Do you think you benefit from that?

EMANUEL PSARAKIS: I think it's critical. I would expect them to advocate for their particular point of view because I like to hear from them and also of course it's critical that they sit in during the hearings to see the process is going forward. Much better than a single neutral arbitrator, I have been on many arbitrations over the last 30 years and have been both single arbitrator in private arbitration and on tripartite board, depending on how complicated the issues are. One thing you got in Connecticut is that you have final offer arbitration on issue by issue and so the parties will have 100 issues with a bunch of throw away items to try and persuade the neutral, except certain ones, rather than final offer on the entire package. The two kinds of final offers. So when you do it issue by issue I really think it's important to have the advocates there advocating for their position while we deliberate.

REP. JANOWSKI (56TH): Other questions from the committee members. Representative Perillo.

REP. PERILLO (113TH): Thank you Madam Chair. Thank you very much and thank you for being here today. As you know as the neutral member, both sides have to agree to your appointment. What do you think it is about a neutral arbitrator that would -- let me rephrase, what do those partial parties look for in a neutral arbitrator and how do you believe you need to function in that role to be sought? 000628 31 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

EMANUEL PSARAKIS: That's a difficult question to answer. Given my personal experience, my work for 40 years in labor and management relations, etc was mostly on behalf of management. Yet when I became a professor at Quinnipiac University and I had a number of firms that represented employees I litigated against them for years. Since I've become a Professor at Quinnipiac University my views have mellowed to some extent to the point where I get the actual firms that I litigated against agree that I can be appointed as a neutral arbitrator. So hopefully over the years I've been able to persuade people that I have become a true neutral rather than an advocate solely for one side or the other. So it's the cases that you win some and lose some but hopefully the parties have enough trust in me being completely neutral even though 30 years ago I was a member of advocating for management. I've since sort of morphed into a different type individual according to both sides.

REP. PERILLO (113TH): Well that does answer my question. Thank you very much.

REP. JANOWSKI (56TH): Representative Vargas.

REP. VARGAS (6TH): Thank you Madam Chair. Through the Chair for Representative Perillo, having been an advocate for the union side, what I look for in a neutral arbitration was a well reason decision even if it went against my position on the issue and there were times when I won an issue but the decision was such an odd ball decision that I would question whether I would ever use that arbitrator again even though they may have ruled in our favor because it showed that they had no understanding 000629 32 March 22, 2016 ds/jh EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

what the issue was. But, an arbitrator that comes out with a well rea9on, demonstrates that they read the evidence, that they weighed it and comes out with a well-reasoned decision as an arbitrator, I would pick again even if in that particular issue they ruled against me.

Thank you Madam Chair.

REP. JANOWSKI (56TH): Thank you. Other questions or comments. Seeing none, we have one final question that we ask all of our nominees. Is there anything in your background that can prove embarrassing to yourself, this body, the governor's office or the members of the General Assembly?

EMANUEL PSARAKIS: There is none.

RESP. JANOWSKI (56TH): Thank you very much and again congratulations on your nomination. That concludes our candidate testimony. Are there any members of the public here to testify? Seeing none, I declare the public hearing closed and we will convene the committee meeting in three minutes. 000630

Testimony before the Executive and Legislative Nominations Committee Testimony of John M. Gesmonde March 22, 2016

Senate Duff, Representative Jankowski, Senator Kane, Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee:

Thank you for inviting me today to speak to you concerning my proposed reappointment as an advocate arbitrator representing the interests of employee organizations. I believe my educational and professional backgrounds are already before you in the form of a resume, so I will not repeat that information in these comments.

I have been privileged to serve as an arbitrator pursuant to the Teacher Negotiations Act since appointed by former Governor O'Neill in 1983. Because of my longevity in that position, I may have served on more arbitration panels than any other current advocate arbitrator. This experience, as well as that of representing working people and some ninety (90) labor unions for over the past forty (40) years, allows me to be useful in helping to dispose of many arbitration cases during, or even before the start of, the actual arbitration hearing(s).

The latter is something that you will not read about in the state statutes, yet it is probably the most satisfying, albeit the least financially remunerative, aspect of serving as an arbitrator.

Sometimes, I may be asked to meet with a teacher negotiation team before the first arbitration hearing to assess the position of the teachers' union on the disputed issues. This may lead to modified proposals from the association, further contacts with the attorney for the board of education by the union representative, and resolution of some or all of the issues prior to commencing the arbitration hearing itself. The same process may also occur during the actual arbitration hearing in 000631

Statement of John M. Gesmonde March 22, 2016 Page2 caucuses held by the parties and their advocate arbitrators. Because I believe the public policy of the

State of Connecticut is to encourage voluntary settlements oflabor disputes, I take this part of being an arbitrator extremely seriously. In those cases where the dispute may be settled in its entirety, or even partially, the resumption of amicable employer-employee relations is enhanced.

Probably, the most stressful part of being an advocate arbitrator for employee organizations is in trying to convince a union to modify its position in order to have any chance of prevailing on the subject issue(s) at hand. I have always said that the most difficult negotiations are not with your opponent, but with your own client. It is a sensitive and often unpopular role to assume when one has to tell the negotiation team that you represent after all their hard work that they are out of bounds or doomed to failure unless a significant revision is made to their last best offer. The central theme is always reasonableness in light of the statutory factors.

On the other hand, I often find that my responsibility is to advise the teacher negotiation team that it should not make any changes in their proposal or proposals. This, of course, is consistent with my function in representing the interests of the employee group, and in making sure that the ramifications of an overreaching proposal by a board of education is fully appreciated by a particular negotiation team.

After exhausting all efforts to resolve a dispute from prior to arbitration through the arbitration hearings themselves, there is then the responsibility to argue the employee organization's position in the executive session when the arbitration panel meets to decide the case. These sessions may be several hours to several days in duration, depending on the number and complexity of the issues. Unfortunately, because of the confidentiality of this aspect of the process, no one really knows how passionate and often heated advocate arbitrators may become in asserting their particular 000632

Statement of John M. Gesmonde March 22, 2016 Page 3 views. Prior to the executive session, there is usually one ( 1) or more days of preparation that is involved in reviewing and analyzing all the exhibits that were submitted during the arbitration proceedings, including reading the post-arbitration briefs of the parties, taking notes on the evidence, and doing calculations related to the monetary issues to use in argument during the executive session. Finally, it is expected that the advocate arbitrator will dissent on all issues that were not rendered in favor of the entity he or she represents. Occasionally, that dissent necessitates a written opinion (see example attached), even though it does not change the result.

I very much appreciate your consideration of my nomination as put forth by the Connecticut

Education Association and as recommended by the Governor. It has been an honor for me to serve for the past thirty-three (33) years as an arbitrator representing the interests of employee organizations, and I hope you will see fit to allow me to act in that capacity for another term.

John M. Gesmonde 000633

In the Matter of Binding Arbitration

WATERBURY BOARD OF EDUCATION

-AND-

WATERBURY EDUCATION ASSOCIATION APRIL 2, 2009

DISSENTING OPINION OF JOHN M. GESMONDE, ESQ., ARBITRATOR APPOINTED BY THE WATERBURY EDUCATION ASSOCIATION 000634

I dissent.

There are certain moral hazards one must accept when serving as a member of a quasi­ judicial, interest arbitration panel created by law, including that of making a decision based on

legal principles. and not on compelling emotions, or one's own inherent sense of what should

constitute a fair agreement, or on sympathies for one party's situation over another. We are

simply bound to render our judgment on the basis of reliable, probative and substantial evidence

on the whole record in light of certain specific statutory criteria. It is no easy task for the faint­

hearted to settle a dispute based only on evidence sufficient to convince a reasonable mind, and

t.::> ignore unsupported statements of desire, conjecture, or, as in the present case, menace. While

I believe the neutral member of this panel is uncomfortable succumbing to the tyranny of an

extraneous demand from an entity not a party to these proceedings, I, on the other hand, am

profoundly disturbed. Project Opening Doors ("POD") has been sincerely embraced by the

Waterbury Education Association (WEA). The expectations created by POD for increased

student enrollment and proficiency in math, science and English advanced placement courses

have excited the school system, including its teachers. The WEA has expressed its bona fide

commitment to the underlying wisdom of the program and in its participation at the bargaining

rable to ensure its successful implementation. The WEA has endorsed POD's stated goals, key

components and an alternate compensation system. Orily a single issue has emerged as a result

::>f negotiations over the past number of months between the parties, due to the transparent

refusal of the Waterbury Board of Education ("Board"), at the bidding of POD, to bargain over

it; to wit, that sundry incentive payments, bonuses, awards, stipends, etc., to the extent they are

to be bestowed upon teachers in the program for their successes and those of the students, which

could be substantial, must be paid directly and exclusively to POD teachers. More to the point,

1 000635

POD has threatened to terminate the program in its en*ety if the WEA, by negotiat~d agreement with the Board or otherwise, seeks to "coerce" the teachers into having the money paid directly

to some other source, such as a charity, the pupils themselves, or to the professional development

fund of the Waterbury teachers at Wilby High School. The latter option constituted the last best

offer of the WEA, which the majority of this panel has rejected, in my view, showing too great a

willingness to oblige the peremptory exercise of authority by a non-party. The Board has

reduced itself to a handmaiden in presenting its last best offer, which is not an offer at all, but a

declaration, while the WEA is treated like the mudsills of society for asserting its right, indeed its

obligation, to speak on behalf of all its members. As worthy and charitable an enterprise as POD

may be, and perhaps because it does not understand the rules, that is how steadfast it has been in

its imperious demand that only teachers involved in the POD program be paid directly the money

earned as a result of their student's measured improvement. To put it in perspective, the

President of POD would sooner have the seven (7) teachers spend their money on "buy(ing)

some sort of a bobble (might that be bauble?) .... (because) Project Opening Doors is not

concerned with what happens to the money once the teacher receives it(;)" than having the

money be devoted to the professional development of Wilby teachers. The rationale for the

WEA's position seems sensible in that it rewards not only the seven (7) teachers who are

teaching the children currently in the advanced placement program, but also all the other teachers

who may influence, or have influenced, the same or other students by helping them accomplish

the pre-requisites in order to qualify for entry into the program in the first place, not to mention

the other twelve (12) advance placement teachers who are not part of the particular subject

matters covered by POD. Moreover, teachers in Waterbury have only recently recovered from

the five years of state oversight during which previously hard earned levels of wages and

2 000636

benefits, as well as language affecting other conditions of employment, were depredated. The seven (7) teachers in the program may receive anywhere from 5.5% to 7.7% above their base annual salary, while all other teachers at Wilby High School, including twelve (12) other advanced placement teachers not in the POD program as aforesaid, who may also have positively impacted the educational progress of students leading to their advanced placement experience, will share in no monetary recognition from this program. This stands in stark contrast to the fact that Waterbury Teachers received only a 2% general wage increase and no step movement for the 2008-2009 school year, and shall receive only step movement, and no salary increase at maximum for the 2009-2010 school year.

I could critically re-examine the statutory factors in light of the arguments of the parties, which obviously would favor the WEA's last best offer over the Board's, in effect, statement of abdication with which the majority of the panel, by means of its imminent approval, has now

·oecome associated. But, to what purpose; my belief is that the majority of the panel from the

::>pening bell has exalted a "fact," which is not even a fact, to a statutory "factor" by accepting the

wanton and causeless restraint imposed by POD. Indeed, the overtones of this decision reduce the exclusive bargaining representative of the Waterbury teachers to the semblance of a disgruntled meddler~ It would be interesting to see if the State Board of Labor Relations would be similarly motivated deliberately to disregard the Board's refusal to bargain, and possibly its interference in the existence or administration of an exclusive employee bargaining organization, notwithstanding the Board's good intention in clothing POD with such sovereign power.

3 000637

Testimony before the Executive and Legislative Nominations H-J i bb Committee Testimony of Lore Lettick March 22, 2016

Good morning Senator Duff, Representative Janowski, Senator Kane,

Representative Buck-Taylor and members of the Executive and Legislative

Nominations Committee. My name is Loren Lettick. I am honored and privileged to appear before this Committee and to have been nominated by

Governor Dannel P. Malloy for reappointment to the State Department of

Education Arbitration Panel representing the interests of local and regional boards of education. I am sincerely grateful to this Committee for the opportunity to appear before you to express the reasons for my desire to be reappointed to the Education Arbitration Panel.

I have lived in Connecticut all my life and I am proud to be a product of the public school system in this state. I reside in a home that my wife and I have owned for nearly 39 years, in Wallingford, where I am the Chairman of the Town

Personnel and Pension Appeals Board. I hold a Bachelor's degree (B.S.) in

accounting from Temple University, a Law degree (J.D.) from the University of

Connecticut School of Law, and a Master of Laws degree (LL.M.) in taxation from Boston University Law School. I have been a member of the Connecticut 000638

bar since 1971 and, until my retrrement from the full time practice of law, I was an associate member of the Connecticut Association of Boards of Education, the

Connecticut School Attorneys Council and the National School Boards

Association.

Thirteen years ago I retired from full time practice after nearly thirty years of representing local and regional boards of education throughout the state.

During that time I was actively involved in teacher contract negotiations, mediation and arbitration, predating the current binding arbitration law, when advisory arbitration and unlawful teacher work stoppages were commonplace. I have a thorough working knowledge of the issues that repeatedly arise in teacher contract negotiations, as well as a familiarity with many of the negotiators, mediators and arbitrators who are involved in this process. Although my participation in teacher negotiations was limited to representing school boards, I enjoy a friendly relationship with the state's major teacher union. I was invited annually by the Connecticut Education Association for more than a decade to speak and coach at their Summer Leadership Conferences.

I have witnessed a maturing of the teacher arbitration process over the past four decades and I am proud and honored to have participated in this very important function both as an advocate and as an arbitrator. Although I am now retired I look forward to a continuing role in balancing the needs and rights 000639

of public school teachers with the economic realities and managerial authority that are essential to the proper operation of our public schools.

Thank you for your time and attention. I will be glad to answer any

questions you may have for me. , I 000640

Testimony before the Executive and Legislative Nominations Committee Testimony of Emanuel N. Psarakis March 22,2016

Good morning Senator Duff, Representative Janowski, Senator Kane,

Representative Buck-Taylor and members ofthe Executive Nominations

Committee.

My name is Manny Psarakis. It is a privilege to appear before you as

Governor Malloy's nomination for the position of impartial arbitrator

serving the public interest for the Education Arbitration Board

I hope my background and experience will commend itself to you. I have

spent a career in the field of employment, labor, discrimination and

arbitration law ever since law school when I first entered public service as an

attorney with the National Labor Relations Board.

Following four years with the federal government, I entered private

practice here in Connecticut, mostly specializing in labor, employment and

discrimination matters representing clients in private and public sector

employment issues. That also included representation of the state,

municipalities and boards of education. I represented clients before various

levels of state and federal courts, practiced before state administrative

agencies and departments, and also was a legal advocate in countless

1 000641

mediation and arbitration matters for the past forty years.

Having been appointed by Governors Dempsy and Grasso as an impartial hearing officer for the State Commission on Human Rights and

Opportunities, I presided over trials and issued decisions for eight years,

including ones involving Boards of Educations. I was also appointed by

Governors Rell and Malloy as an impartial Arbitrator and Mediator for the

Education Arbitration and Mediation Boards.

Following retirement from full time law practice, I now teach at

Quinnipiac University School of Law, in the areas of Arbitration, labor.

employment and discrimination law, and am Director of the law school's

Workplace Law Concentration program.

Since 2001, I have been a Parajudicial officer and Special Master for the

U.S. Federal district court handling cases assigned by Judges Chatigny,

Thompson, Hall and Droney, where I was a mediator and assisted litigating

parties to settle their disputes. Also, for the past 13 years, I have served as a

panel arbitrator and mediator on several arbitration and mediation providers

such as the American Arbitration Association, the Connecticut Department

of Education, the American Dispute Resolution Center and as an arbitrator

for the state employees Review Board and several others. As such I have

decided and mediated many cases of statewide and national interest for the

2 000642

past thirteen years as a neutral.

Thus, I hope that this practical experience as a long time legal advocate, plus as professor of law and a demonstrated neutral arbitrator and mediator will be of value to your committee.

In my working career, I hadn't practiced extensively as a lawyer representing one side or the other in teacher union/Board of Education disputes. However, I am familiar with teacher employment relations issues

involving education. I would like to note two significant experiences in this regard.

Just prior to my retirement, I and another lawyer in my firm were retained to engage in comprehensive analyses of all public labor union

contracts for the city of Waterbury, involving approximately 3,000

employees, including contracts for over 1,400 teachers. Our charge was to

analyze the prevailing patterns of negotiated labor agreements in Waterbury

and compare them with similarly situated municipalities to see how

Waterbury's labor contracts, including teachers' contracts stacked up with

other municipalities. Our purpose was to provide a comprehensive outside

objective study for use by the City of Waterbury Financial Assistance Board

in overseeing what wages and fringe benefits ought to be included in

subsequent labor contacts, all to help the City out of its financial crises, in

3 000643

accordance with a Special Act passed by the General Assembly in 2001.

That gave me extensive experience in understanding significant employment issues in teacher union/board of education labor contracts not only in the City of Waterbury, but in numerous other municipalities.

Thus, I hope my background and experience in employment relations including in the area of education and working with issues involving conditions and labor relations as between teachers' unions and Boards of education commends itself to your committee.

Also, my interest in public education matters led me and my wife with

another couple to start a foundation based upon the national " I Have a

Dream" education program where we personally adopted and sponsored the

entire class of 6th grade students in Hartford from the South Arsenal

Neighborhood School (SAND) some 23 years ago. My wife and I spent

11 years with them from 6th grade through high school, promised to pay

for their college education provided they stayed in school, finished their

education and earned their way to be admitted to some form of higher

education.

· We immersed ourselves in their lives. We dealt with their families, their

teachers, the Board of education, hired special teachers, tutors, mentors, and

volunteers to help keep them in school and not drop out. Because of that,

4 000644

became intimately aware of issues involving minority students, the public school system, and the struggles they encountered to complete their education. That helped me better understand the efforts of teachers and boards of education so students - even those from the poorest areas of

Hartford- can become educated and productive citizens.

Recently we had a 20 year reunion with our "Dreamers" What a joy to see where they are now in life. Over 80% graduated from high school or got their GED certificate. Those that went on to college, some are working in

Hartford municipal government, one is an army non commissioned officer

who has served tours in Iraq, one, a UConn graduate, now teaches advanced Math at a private school, several are nurses aides, others are working in hotel and restaurant management, graduating from community colleges. Another is a Certified Nurses assistant, one with an associates medical degree in an oncologists office; another was in the peace corps, worked for the FBI and now is a federal parole officer.

This experience has led me to believe that for those of us who are blessed in life, one can and should do much for the public interest. I hope my skills and experience in employment, arbitration, labor relations and education not only as a practical advocate, but also as a demonstrated neutral will be helpful as your committee reaches a decision.

5 000645

I am grateful to the members of the committee for talking the time to hear me in regard to my desire to serve as a neutral member of the

Education Arbitration Board. I appreciate your attention and welcome the opportunity to answer any questions you may have. Thank you.

6 000646

THE CoNNECTICUT GENERAL AsSEl\IBLY Joint Committee on Executive and Legislative Nominations

Senator Bob Duff Repl'esentmiw Claire Jmloll'ski Co-CI/(/il' Co-Chair T1nmry-fijill Disn·tct F(frl' Sixrh Dis trier

Executive and Legislative Nominations Committee

PUBLIC HEARING AGENDA

1 Thursday, March 24 h, 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW

House Joint Resolution

Christy L. Scott from West Hartford, to be Claims Commissioner' .

Senate Resolution

Michael R. Bzdyra of Wallingford, to be Commissioner of Motor Vehicles . I 000647

2016 Executive and Legislative Nominations Committee

~/2~ Attendance Committee Leadership:

JRep. Janowski, Claire (Co-Chair)

J Sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice Chair)

/ Rep. Vargas, Edwin (Vice Chair)

~ Rep. Buck-Taylor, Cecilia (Ranking Member)

J Sen. Kane, Robert (Ranking Member)

Committee Members:

Rep. Albis, James

J Rep. Berger, Jeffrey

J Rep. Camillo, Fred

J Sen. Crisco, Joseph

J R~p. Dargan, Steph~n

Sen. Doyle;.Paul

Sen. Fasano, Leonard

J Rep. Giegler, Janice .

J Rep. Godfrey, Bob

Sen. Guglielmo, Anthony

Sen. Hartley, Joan

j Rep. I'erillo1 Jason 000648 1 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

CHAIRPERSONS: Representative Janowski Senator Duff Senator Looney Representative Vargas

SENATORS: Kane, Crisco, Doyle, Fasano, Guglielmo, Hartley.

REPRESENTATIVES: Buck-Taylor, Albis, Berger, Camillo, Dargan, Giegler, Godfrey, Perillo.

REP. JANOWSKI (56TH): Nominations Committee, I am Representative Claire Janowski, chair of the, co­ chair of the committee with Senator Duff, who will be here shortly. Other members of the committee are attending other meetings and public hearings as well as committee meetings and will, in all probability, be coming in and out.

We have two nominations on the agenda for today, one is a house joint resolution and the other is a senate resolution.

And before we begin, Ethan, can you do the short version of the obligatory announcement?

[LONG SILENCE]

Thank you.

And with that we will begin with our first nominee H-J ~~~ and that is Christy Scott, from West Hartford, to the Claims Commissioner. Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

Thank you. Please be seated and provide us with a statement. 000649 2 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

CHRISTY SCOTT: Good morning, Representative Janowski, Senator Kane, Representative Buck-Taylor and members of the executive and legislative nomination committee.

My name is Christy Scott and it is an honor to appear before you today as Governor Dannel P. Malloy's nominee for the position of Claims Commissioner.

I have been a practicing attorney since 1993 and nearly all of those 23 years have been spent in public service. For the last nine years or so, I have worked here at the General Assembly as an attorney and advisor. Prior to that, my positions have included serving as the Deputy to the State's Child's Advocacy, as an Assistant Attorney General, as a private practice attorney, as a lobbyist, as a clerk at the Connecticut Supreme Court and last but not least as a high school English teacher.

I'm humble and grateful to have been nominated to be the next Claims Commissioner. The position requires an experienced mind combined with sharp sense of fairness. I believe that my 20 plus years as a lawyer have given me the necessary legal skills and my inherit sense of fairness has been strengthened by many years of serving the public interests.

I have been drawn to public service throughout my career because, like all of you, I want to use my time and skills to improve life for all of us. I share the desire that I know all of you have to make a difference and to leave things better than I found them.

I am delighted to be nominated to a position that will allow me to continue that work and role that has such a direct impact on the lives of others. 000650 3 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

Those who come to the Claims Commissioner for relief are entitled to be treated fairly and with respect. That respect includes both an equitable resolution of their claim but also an efficient timely and transparent process. I am committed to accomplishing both of these goals. I know that fully achieving these goals will require hard work, perseverance and some creative problem solving. I think many of you know that I can be counted on for the hard work and perseverance and I look forward to the challenge of finding creative solutions to the task of modernizing and including the operation of the office.

Thank you for the opportunity to testify today. I look forward to your questions and hopefully our future collaboration to make life better for the residents in our state.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination. This is a full time position. It is 100% state funded.

I have known you for a number of years and it has been great working with you. I know of your legal background and your legal experience, both with your law clerk experience and your work with the leadership office and prior to that other work here with the state. I was not aware that you were an English teacher.

CHRISTY SCOTT: Yes.

REP. JANOWSKI (56TH): So how many years, so it says here a couple of years?

CHRISTY SCOTT: Just one actually, so I had been working at the child advocate and often was going into institutions where children were housed, juvenile detection centers, group homes, and my favorite part of the job was sitting with the kids 000651 4 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

and talking to them about their lives. And I just really enjoyed that interaction. So I had this thought, a little crazy, it was mid career that may be it would be satisfying to work with children.

I went and got my certification to teach. I taught at Farmington High School for a year. I loved being with the kids but I found the bureaucracy stifling and I had taken 50% pay cut to do the work. Ultimately the cost benefit analysis did not work for me and I ended up coming back to the law. But I don't regret it. It was a wonderful experience and if you can manage a classroom of ninth graders, you can manage pretty much any room.

REP. JANOWSKI (56TH): I am there. I used to substitute teach at the high school and the middle school. The middle school was much more of a challenge. [laughing]

Just a couple of questions and then I'll open it up to others and then I may have other questions to ask as well.

Why do you want this job? It's so problematic in many ways and its just one of your typical interview questions.

CHRISTY SCOTT: I have to admit that when I first began thinking, when I first had a conversation with the governor's office about the job, I didn't fully grasp the scope of the work that there is to be done there but even so I still want the position because I think that, first I'm excited actually by that challenge as much as I am daunted by it.

And I am ready for a new challenge. I am a person who has liked to grow and have variety in my career and I love my time here but I have been here nearly a decade and I'm ready to learn new things and to have new challenges. 000652 5 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP. JANOWSKI (56TH): And one of the things that, you know that, we hear a number of conversional cases regarding the Claims Commission position and decision. The ones we always hear about are the big ones, the ones that have to do with wrongful incarcerations and settlements related to those, but I know when we spoke in my office, there's a lot more those are just the big ones but can you just expand a little bit about what the other claims are because there are claims that are against the State of Connecticut correct?

CHRISTY SCOTT: Yes, there are a few exceptions, the statues allow direct suit and a few specific circumstances but for the most part claims against the state come to the Commission and there are a wide variety of things from slip and fall to contract disputes to prisoner, inmate claims. It's really part of one of the things that I find so interesting about the job the variety of the work is quiet broad. There are all kinds of claims and those really are the bulk of the work. The wrongful incarceration cases, although they are high profile, are really only a small component of what the office does.

REP. JANOWSKI (56TH): There is currently a huge backlog in terms of claims and my understanding is that many of those claims have gone beyond the statutory deadline as well. Have you had, and I know it's probably not a fair question, but have you had a chance to delve into the extent of the backlog yet and how many of those have gone so far beyond the deadline that they are no long valid or have to be prioritized differently or do you have an approach as to how to start working on this mess?

CHRISTY SCOTT: Yeah, conversations with staff have led me to conclude that the backlog is roughly 700 cases. About 100, or so, of those cases are here at 000653 6 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

the legislature right now or the legislature to decide whether they're going to extend the time limits and send them back to the Claims Commissioner or grant permission to sue and send them off to court.

So it's not clear how many of those cases will come back to the office. But if they all come back, the backlog is about 700, it's formidable. It will be a lot of work to tackle that and figure it out. I've only been on the job three days so I can't tell you I have a clear action plan but I will have a clear action plan.

I will sit down with staff as soon as I am confirmed and we are going to make a plan, we're going to have benchmarks and goals and we are going to hold ourselves accountable to them and we are going to be get to the backlog as fast as humanly possible. Right now the staff is one and a half people, so that is not a lot of assistance. Obviously in this budget climate I can't assume that there will be any more resources coming to the office but if it were possible to have, potentially, some temporary hearing officers to help with that process I think we would be more effective in moving through that backlog. I don't know if that is going to be possible but whether it is or isn't I am determined that it will be mastered as quickly as humanly possible.

REP. JANOWSKI (56TH): And one final question at this point, the Judiciary Committee currently looking at that position because of some controversial, a controversial settlement to that has been made and the chair of that committee has indicated that everything is on the table in terms of where the position is headed and what maybe done to modify it or change it. How do you feel about that at this point and where do you see yourself 000654 7 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING with regard to those potential changes that are happening or may be happening? They don't know.

CHRISTY SCOTT: Well in a perfect world, I would like to have the opportunity to get into the office, figure out what's happened, what needs to happen and present recommendations to the legislature. So that would be my preference. I may not have that opportunity. The legislature may go ahead and decide to do something different with the office. Whatever the legislature decides is obviously what I will respect, if it means the position goes away, so be it. The policy makers have to decide what is best for the state.

REP. JANOWSKI (56TH) When we spoke you had mentioned there was a change that was made by the legislature sometime back that sort of opened the door, if I may recollect correctly, to the last settlement that was made and there is a potential technical change that can be made to the statute that would correct that problem without really having to do very much else to the position. Can you just update us on what that change was, what the prior process was, what we did that was, that sort of closed the legislature's hands to be able to vote on that settlement where before we use to be able to vote on such a large settlement and how it could be fixed?

CHRISTY SCOTT: Well, I think you may remember that before the wrongful incarceration statute existed the legislature was the body that considered these claims and probably ended up voting on Mr. Tillman's claims and perhaps Mr. Ireland's claims and then the legislature enacted the wrongful incarceration statute and placed that responsibility with the Claims Commissioner. They did not create the review process for the legislature. That is a policy determination that was made at that time. I think that there has been some folks who asked whether 000655 8 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

that was the right policy of choice and if that changes then again I would welcome that change if the legislature wants to review those claims, I think that is appropriate but if they don't that is their prerogative as policy members.

REP. JANOWSKI (56TH): As I do recall some of those claims, the legislature did vote on.

CHRISTY SCOTT: Yes before the statute.

REP. JANOWSKI (56TH): Before the statute was changed. For the life of me I'm not sure when you are dealing with such a large settlement why the legislature would not want to either, you know, approve it or not approve it or modify it by not approving it in some way. So I think I would welcome that. That would be, I think would be, a positive change.

Other questions from committee members? Senator Kane. Good to see you.

SENATOR KANE (32RD): Good morning Madame Chair. Thank you for the opportunity. Good morning.

So I think Representative Janowski's question was probably a good one saying why do you want this job. Today certainly we are going to have in front of us your office as well as DMV, two agencies that are in disrepair quite honestly. And your office and you and I talked about this briefly the other day when we met but there's some big problems there. And a lot of it has to do with the previous Claims Commissioner and quite honestly if you read some of the articles in the Hartford Current, there may have been some neglect on his part at the very least.

I'm going to talk with you specifically about some of these things that have taken place and I did the other day but I would like to get it on the record. 'I 000656 9 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

So in one of these articles that I'm reading it talks about how dozens of claims, in fact I think it said 80 claims apparently have been left hanging in Vance's office. This is from a spokesperson for the Attorney General's office, Jaclyn Vowski, I guess her name is. We've identified 80 matters that still reflected as pending in the Claims Commissioner's records in which stipulatons were not timely received, another word for wavier, for more than two years after the claims were filed. Can you speak to that? I mean you know as an attorney as someone who is taking this position over.

CHRISTY SCOTT: I don't know how that happened but I do know that in the meantime Commissioner Vance implemented a new process where they were now setting articulars for themselves six months away from the two year deadline so that those wavier requests can go out six months ahead of time.

I'm not sure if that is enough. I have not yet, I have begun the process of creating a workflow spreadsheet for myself so I see how the workflows where the insufficiencies are and where what we need to do better in order to manage the case flow and so I will be looking at that question again. So I don't know if that solution is enough but I do know he did implement a new procedure to try to prevent that from happening.

SENATOR KANE (32ND) : You know two years seems like a long time though especially for that amount of claims. You know if there were one or two you know you could say they fell through the cracks but I mean 80 seems like a lot.

CHRISTY SCOTT: I think another issue here is the question I've discovered the parties some cases need more discovery than others, some parties want more discovery than others. I'm of the opinion that the reason the Claims Commissioner exists is to minimize 000657 10 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

disruption in government operation and so that to be extended discovery process can be relatively streamlined and that the process can be expeditious so my inclination would be to try to encourage parties to keep discovery to the minimum. But I think that when the parties want to engage in extensive discovery it does slow down the process. You can't even have your hearing until that happens, that does delay of the process.

SENATOR KANE (32ND): So, the Attorney General's office went to court looking for a stay if you will, is that the proper description? You know what this is right now in the courts?

CHRISTY SCOTT: Do I know which cases it is?

SENATOR KANE (32ND) : No, do you know where the Attorney General goes to court looking for a stay on these cases, do you know where we are in that process?

CHRISTY SCOTT: My understanding is that those cases have been presented to the legislature in order for the legislation to approve extensions in time so that they can now present to court.

SENATOR KANE (32ND) : So that is what Representative Janowski is referring to as being in front of the judiciary committee?

CHRISTY SCOTT: That's part of what is before them.

SENATOR KANE (32ND): Ok. There's also talk here about language meaning the wording is confusing, vague and threatening. Are you familiar with that at all?

CHRISTY SCOTT: Yes. I believe you're referring to the letters that are sent out to the parties when the Claims Commissioner was requesting a wavier of 'I 000658 11 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

the time limit. I have reviewed those letters and I completely agree that they are confusing and need to be rewritten. They will be rewritten before any of them go out.

SENATOR KANE (32ND) : Is that something that was written by the previous Claims Commissioner or is it you know generic, can you buy it at Staples? What is it?

CHRISTY SCOTT: No. Staff tells me it predates Commissioner Vance. Before the staff that is currently there, the office was staffed by a paralegal who worked there for 35 years and that was a document that was created during that paralegal's tenure, who exactly drafted it I don't know. But it will be rewritten.

SENATOR KANE (32ND): Are you familiar with the case of the child's and DCF's custody? Can you speak to that at all?

CHRISTY SCOTT: Just from press reports.

SENATOR KANE (32ND): Okay. What about the other case in which I believe it was four persons who were convicted of I want to say murder I believe but was thrown out on a technicality some prosecutorial missteps if you will and is that something that you are willing to take on or able to take on? I mean is that something that has to be changed by the legislator where does that fit?

CHRISTY SCOTT: The statute of the wrongful incarceration statute I think has some language which one can argue is standing. There is language in the statute that seems to indicate that no recovery should be had unless there is proof of actual innocence. But there is also language that indicates recovery should be had if the convictions were dismissed based on grounds consistent with i I

000659 12 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

innocence and I think that one could state that's a little confusing to either of the statutes and I would welcome the legislature to look at that and if you all agree that it is confusing to clarify it to match the intent.

SENATOR KANE (32ND) Would you interpret it the same way Commissioner Vance interpreted it?

CHRISTY SCOTT: I'm not sure that I would have. But I would like to say I've only been on the job three days.

SENATOR KANE (32ND): Yes, you are an attorney.

CHRISTY SCOTT: I am. And I have looked at the statute but I would like to have had the opportunity to read the legislative history before I answer that question and I haven't so.

SENATOR KANE (32ND) : So where does the office go from here? How do you fix the image of this office after it's been so controversial over the last two years, you know in news accounts, Hartford Current, you name it, how do you fix that? Give the legislature the trust in that office and the people of Connecticut the trust in that office, how do you fix that?

CHRISTY SCOTT: I think there's two things that has to happened. We have to have a very discreet plan, how we're going to tackle the backlog and improve our processes and that plan needs to be shared with others so that they understand what we are doing.

I think the other piece from appearances point of view is that our website has to change and that is our public transparency has to change. And I think that actually is in process. The Department of Administrative Services has shared the concerns about creating more transparency about office and 'I 000660 13 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

has been very good about advocating for funding for new software program, which should be able to allow the public to find out what's happening with specific claims and also allow practitioners to electronically file documents, which should expedite the processing as well. So I think that public phase, the internet public face of changing will be helpful and I think creating a plan that we share with you policy makers will be helpful.

SENATOR KANE (32ND) : And that of course will approach the timeliness issue that we have too, correct?

CHRISTY SCOTT: Absolutely.

SENATOR KANE (32ND) : And lastly I think you said earlier that you could use more people. You are not asking for more money right now especially this budget time, are you?

CHRISTY SCOTT: I'm not sure it's realistic. I'm just noting that the 700 backlog. Last night I woke up at 2 A.M. in the morning doing the math of how many cases that I would need to process a day in order to knock out 700 case backlog in a year. It's a daunting task.

SENATOR KANE (32ND): Thank you. I appreciate you answering my questions and I wish you luck. Certainly this office has been mired in controversy based on the previous commissioner and you've got your work cut out for you but it seems like you will handle it well. Thank you.

CHRISTY SCOTT: Thank you.

SENATOR KANE (32ND): Thank you Madam Chair.

REP. BUCK-TAYLOR (67TH): Thank you Madam Chair. Hello again. Thank you for making the time 000661 14 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

to meet with me the other day. I really appreciate having that exchange with you.

CHRISTY SCOTT: As did I.

REP. BUCK-TAYLOR (67TH): Part of what you are talking about sounds like trial management which superior courts have to do as far as scheduling and making sure that discovery is all in place. And what you also have to do is be the trier of fact to make a determination of whether or not to pay out the claim or deny it or send it further. What type of experience do you have in both of those modalities that you are going to be able to use to get this office in order?

CHRISTY SCOTT: Well in terms of substance of work, it being the trier of facts, I think my career has been, the first part of my career was litigation both at the Attorney General's Office and private practice. So I understand how to apply the facts of law and I was at the Supreme Court twice so I think I understand how to apply the facts to the law and bear the weight of the decision about what ultimately the right answer is in terms of making conditions to the justice system.

I think that part I'm very comfortable with. And then many of you know here the legislature have been part of my job has been working with the majority leader to prepare for this day's working a session. So managing you know hundreds of bills and triaging and figuring out what's ready and what's not, how to move it all along, I think is pretty good preparation for that case management aspect as well.

REP. BUCK-TAYLOR (67TH): My understanding is that part of your job is to safe guard the public fund. How do you have that as part of your job and also apply it to your being the impartial trier of fact? , I 000662 15 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

CHRISTY SCOTT: Right. So I think the Claims Commission process in and of itself is a very good safeguard of the public fund. The fact that people have to come to the Claims Commissioner first and establish that the State could be liable were the private person, that's essential and that helps weed out the possibility of frivolous dent in awards in court.

But the second piece is that there's that requirement that the Claims Commissioner ask whether justice and equity will be served by commissions sue or damages. And I think there's that question of justice and equity in terms of essentially when a claim comes to the Claims Commissioner they're saying I should have priority status in terms of the state's budget, whatever else you might use the state's money to do, I should come first, ahead of all the rest of them. And I think that where the justice and equity piece kinda of weighs in and it's not that your policy per se but that you're thinking about is the State's action here such that it really should be held accountable even though there are other plans in the state's treasury.

So I think the best justice and equity analysis is really where that guardianship comes in, not necessarily you aren't thinking oh we are in a deficit therefore I have to deny everything, we're thinking what can the State do here and how important is it that the State be held accountable in this factual scenario.

REP. BUCK-TAYLOR (67TH): I think you made the statement that when you met with the governor you did not fully grasp the scope of what you were getting into and that there were some surprises that came up. What were the tough three surprises?

CHRISTY SCOTT: I think I knew there was a backlog, I did not realize it was quite as large as it is. I I 000663 16 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

I did not realize the office was technologically deficient as it is. There is great improvement that is needed technologically.

So those are the main two things I think that I was surprised by. The scope of the problem and the real lack of technology to help solve that problem.

REP. BUCK-TAYLOR (67TH): Well I wish you a lot of luck. From what I've heard of the problems that this particular Claims Commission anything you do will be an improvement. Good luck. Thank you Madame Chair.

CHRISTY SCOTT: Thank you.

REP. JANOWSKI (56TH): Senator Duff.

SENATOR DUFF (25TH): Thank you Madame Chair. Good morning. Christy good to see you here. And I know you are going to do an excellent job. We've had the opportunity to work together ourselves, our staffs as majority leader staff together over the last year and I've always found you to work very hard, have your head down and be very goal oriented and so I know that whatever issues are out there you are going to meet them head on so you have my full support. I don't think the governor could have selected a better person for the position and so congratulations on that.

I don't have any questions for you. I feel like we know each other well enough and I know your skill set and I've heard your testimony.

I just wanted to mention from some of the other comments that I think its easy for folks to pile on, to what has happened in the past and its easy for legislatures when there's a problem to pile on with what may have been problems for a number of reasons I I 000664 17 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

whether what was for staffing issues, funding issues, bigger cases that have been out there, this is an office many of us don't really have a full grasp on or know a lot about because it's really its own entity and very unique in the country. So I would just, I don't want to be a part the kind of piling on of criticism of the former Claims Commissioner who I know is a decent person, he is a family man and somebody who I think worked hard at the job.

Now whether or not there's cause for criticism or not is a different story but maybe some of that, some of the fault, lies within the legislature itself or other areas or not, really meeting the needs of the office. And maybe some of those should have been expressed differently and better to us and maybe we should have been paying more attention to the needs of that office and as you said there's a backlog and that its difficult to through that with a staff person only or a staff and a half and the Claims Commissioner, him or herself. So I just wanted to make that clarification because I do think that we need to look forward on this issue. We need to make sure that we are providing adequate resources in an area that may have not been, especially in fact that this is an unique role that you have in the country and that I think a lot of people would say this is probably a good way to settle some of those claims that we have against the State.

But anyway I wish you the best. I know you are going to do great job. I'm sure you will continue to get up at two o'clock in the morning and think about how many cases you can get over the next day but you are going to do it in a diligent way, a fair way and a way that people may not always agree with your decisions but a way people can walk out and say she handle things very fairly. So congratulations on your appointment. 000665 18 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

CHRISTY SCOTT: Thank you. Thanks for the compliments.

REP. JANOWSKI (56TH): Representative Dargan.

REP. DARGAN (115TH): Thank you Madam Chair.

Congratulations Christy. It's good to see you here. It's someone I've worked with over the years on a lot of legislations and I want to thank her for her input, but there's one thing you might not know about Christy. She is somewhat of a prankster. For the chairperson, a prankster who is in this building, she is a prankster. So I hope over the future years, we can continue that dialogue and maybe we could prank Senator Kane together with some of our initiatives. But I just appreciate that fun that we've had over the years. She got me a lot of good times, I had to say that and I think that will serve you well in a difficult position. So congratulations.

CHRISTY SCOTT: Thank you. It was always a pleasure to collaborate with you.

REP. JANOWSKI (56TH): We will take you at your word that she was a prankster because being a prankster yourself, I think that you would recognize that very well. Thank you.

Representative Giegler.

REP. GIEGLER (138TH): Thank you Madame Chair. Congratulations Christy on your appointment. Actually there's two questions I have, are more informative basis. You alluded to staff. I was just wondering what kind of staff you do have in your department? , I 000666 19 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

CHRISTY SCOTT: There's one full time paralegal and a half time processing technician.

REP. GIEGLER (138TH): And 700 cases.

CHRISTY SCOTT: Yes, 700 cases in backlog, with 400- 500 new cases each year. So yes.

REP. GIEGLER (138TH): And do you report to the judicial branch or who do you report to?

CHRISTY SCOTT: Well the governor appoints and the legislature reviews the Claims Commissioners work. So I'm housed in the Department of Administrative Services but the statute provides that there's independent decision making.

REP. GIEGLER (138TH): Thank you. I do want to congratulate you on having worked with you on the floor of the house, especially on those last few days of session when it's so crazy. I know that you've always been a big help and very organized and always know what is going on and I really commend you and I know that you will be at a lot of General Assembly although I'm sure Representative Dargan is very happy because he doesn't have to look behind his back anymore. Congratulations.

CHRISTY SCOTT: Thank you very much. Thank you.

REP. JANOWSKI (56TH): Other questions or comments from committee members? Representative Vargas.

REP. VARGAS (6TH): Thank you Madam Chairman. I just wanted to add my congratulations to you on the nomination to be the Claims Commissioner and wish you good luck.

CHRISTY SCOTT: Thank you very much. 000667 20 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP. JANOWSKI (56TH): Seeing no other questions or comments we will have one final question we ask all our nominees is there anything in your background that can prove embossing to yourself, this body, the governor's office, or the members of the General Assembly?

CHRISTY SCOTT: No Madam.

REP. JANOWSKI (56TH): Thank you very much. And congratulations on your nomination.

CHRISTY SCOTT: Thank you very much.

REP. JANOWSKI (56TH): The next nominee and final nominee is Michael Bzdyra, I hope I said that correctly, of Wallingford to be Commissioner of Motor Vehicles.

Please raise your right hand. Do you swear to tell the truth, nothing but the truth?

Please provide us with a statement.

MICHAEL BZDYRA: Sure.

Good morning everybody. Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck-Taylor and distinguished members of the Executive and Legislative Nominations Committee. My name is Michael Bzdyra and I am honored to have been nominated by Governor Malloy to serve as the Commissioner of the Department. I appreciate the opportunity to come before you to answer any questions you may have regarding my nomination to the Senate.

I was born and raised in East Hartford, Connecticut, born in 1964 and graduated from high school there in 1982. I then went on to graduate from the University of Connecticut with a Bachelor's Degree 'I 000668 21 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

in Economics in 1986 and substantially completed my Master's Degree in Public Affairs in 1994. I also provided everybody a revised resume.

After graduation I went to work at the Connecticut General Assembly working as a legislative aide and clerk of the Finance Revenue and Bonding Committee. After two years of working there, I went to work for the Senate Democrats Office as a Senior Policy Communication Specialist where I had a variety of responsibilities that included analyzing policy and fiscal matters and monitoring committees such as Appropriations and Finance Committees. I also administered various special projects for the Senate President, Senate Majority Leader and other State Senators.

After nine years with the Senate Democrats' office, I went to work for the Connecticut Resource Recovery Authority, where I worked as a Senior Analyst for several years in the Operations Department and the Recycling Division. Subsequent to that I became CRRA's Government Relations Liaison where I was responsible for directing and implementing the agency's legislative and governmental activities.

In 2011, I was hired at the Department of Motor Vehicles as the Executive Assistant to the Commissioner, then, Melody Currey. One of my major responsibilities was representing the Department at the Connecticut General Assembly and advocating for DMV legislative program. I also managed all of the legislative constituent casework and responded to various legislative inquiries. In addition, I managed the department's regulations program with the agency's Legal Director. Also I was placed in charge of other projects as assigned by the Commissioner.

In the fall of 2014, I became the Deputy Commissioner of DMV, where I assisted and advised 000669 22 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

the Commissioner in leading and managing and helping to manage the department. I oversaw and managed four divisions that included Driver Regulation, Driver Licensing, and Non Driver ID's, Facilities Management in all the facilities whether they were lease to own throughout the state, the Emissions Program and our own internal Audit Services. I served for approximately one month as the acting Commissioner until Commissioner Murphy started in February.

During the past five years at DMV, my experience as the Executive Assistant to the previous Commissioner, Deputy Commissioner and then as acting Commissioner has proved invaluable and will serve me well as the next Commissioner in my opinion. My detailed knowledge of the department's various units, functions and its employees from the top managers all the way down to the frontline employees are a great asset in understanding the agency in helping to lead it forward.

As you are aware, the Department of Motor Vehicles is facing many challenges since the launch of new computer registration system this past August. I'm prepared to work diligently on addressing the issues facing the DMV and I am dedicated to improving customer service. I'm excited to have the opportunity to work with a new Deputy Commissioner, Ms. Judeen Wrinn, who is here to my left, working closely with me to make the changes necessary to fix the problems with the computer system and to create a much more customer centric focus throughout the entire agency. My institution and knowledge of the agency and its employee united with the unique extensive private sector background of our new Deputy, Judeen Wrinn will benefit the agency tremendously.

We are committed to creating an effective approach to help solve DMV's problems. She brings tremendous 'I 000670 23 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

knowledge and background with her from private sector and possesses the experience that we need. She has experience in repairing troubled systems whether their IT systems, phone systems and is a successful problem solver. Our combined experiences will be extraordinarily important in examining our new computer system and related processes to make it more customer friendly.

In addressing this new computer system, please be aware that DMV is working closely not only with our vendor and holding their feet to the fire but with all the employees, all the other state agencies we interact with, all the municipalities and other stakeholders to improve customer service and to reduce wait times at our branches. We need to work harder. We must work harder, educate and encourage our customers to use our new online customer services that are now provided through the new system so that they don't have to come into a DMV branch and wait in line.

Some of these new online services you are probably aware of but they include some things such as enhanced registration renewals, reprinting registration certificate from home if you lost it, ordering vanity plates online as well. These, and other transactions, can be done without actually going to visit the DMV branch. We are working closely with our vendor 3M and holding them accountable to address all the bugs in our system. We want those to be fixed sooner, not later and we are holding their feet to the fire to ensure that our customers are not impacted like they have been in the past.

While DMV faces many challenges, I am excited to take on the responsibility as Commissioner of this complex large agency and work with the new Deputy Commissioner to begin the task of examining ways to improve customer service, continue to address the 000671 24 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

glitches in the system and work collaboratively with all employees toward the common goal of serving our customers better and moving this agency into the future.

Thank you for your time and I am happy to answer any questions you may have.

REP JANOWSKI (56TH): Thank you. Congratulations on your nomination. This is a full time position, 100% state funded and I have had the pleasure of working with you for many many years, both when you were the liaison for CRA as well as when you started working at DMV for former State Representative Melody Currey. You've also been very helpful with constituent services over the years and I know that I could always count on you to get something resolved as quickly as possible and you also had been highly recommended or very well spoken about by former Senator Billy Ciotto. So I think he's a mutual friend.

I do have a couple of questions and I do appreciate the opportunity to have had to speak with you ahead of time in my office. We touched on a number of things. One of things that I wanted to just have you talk a little bit about is reducing the wait times at DMV and we spoke a little bit about the enhancement of the online services as well as having a way to handle the overflow that cannot currently be handled through DMV and that would be through AAA as is currently done now.

I mentioned to you that I always go to AAA for my license renewals and perhaps there's a way that they may be able to do routine registrations and other things? I also mentioned in that my biggest concern right now is that I believe AAA can handle the overflow. They have enough satellite areas to be able to do that but I do have a concern with expanding the number of independent 'I 000672 25 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

contractors that would be able to be brought in only because there's sensitive information and the more hands you have in the pot the more opportunity there is for something to get even more screwed up down the line. So with that can you just give us an idea what is being considered?

MICHAEL BZDYRA: Sure. I appreciate that question Representative. So when we went live obviously we had two difficulties and our wait times were, quite frankly, unacceptable. The wait times back in August and early September were two hours 45 minutes approaching three hours on average. We have worked very hard to bring those wait times down. Back in February they were down to about 45 minutes but as of right now due to seasonal fluctuations and increased traffic those are creeping up and we are watching that closely doing everything we can to keep that low.

With regard to AAAs, you are right we do have a longstanding trusted relationship with AAA. They perform driver license and ID renewals at their locations throughout the state of Connecticut. There are 16 locations throughout the whole state and they do a great job. In terms of what we are looking to do, including in concert with the Governor's bill, is to expand some of services that we now currently only offer at DMV.

So for instance, registration renewals, we are in discussion with AAAs right now in looking to have those registration renewals done at some point in the future. And really the goal is to improve customer service, right? So we have 18 locations throughout the state, AAA has 16, that would mean we would double the amount of points of service to go to and the intent would be to do it in a way though that would right now there is still bugs in the system that we are holding our vendor accountable. 000673 26 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

So really not until that system is fixed would we begin to move the registration renewals out to the AAA. We don't want to move the system that has some issues on it to create other problems for our customers. We want to do it the right way. We are in discussion with AAA. They have been very helpful and terrific.

I cannot give you the exact timeline; we want to do that sooner rather than later. But to your point, very sensitive information and we do have systems in place to address that. So we will make absolutely sure that when these kinds of additional transactions are allowed at AAA that they have the necessary training, but also the security and public safety protocols in place to make sure there are not any issues for our customers.

REP. JANOWSKI (56TH): And what are the other things that we talked about that had to do with the proposal by the Governor that would take the agency out of the tax collection arena? I believe municipality was looking at some point or a way to be able to collect car taxes and they sort of piggyback that with the license, no I think it was car registrations, not licenses.

I tend to agree with the philosophy that we are not in the tax collection business, that belongs at the municipal level so I don't really have a problem with that proposal because I think that its really a hardship of people when they especially, when they, don't realize that they might have a tax due that they might not even be aware about especially when they buy a new car and there's a supplemental taxes and so forth and they have to go and sometimes it takes a few days and sometimes even a week to straighten it out and they can't drive. So it's kinda of crazy. So I just wanted to get your comments on that. 'I 000674 27 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

MICHAEL BZDYRA: Sure. Thank you. Yes, so the Governor's proposal did include that.

So right now as you indicated if a person or a customer of DMV has a vehicle and they owe local property taxes on that vehicle they would not be allowed to renew a registration or get a new car registration until they clear up that compliance issue. So there are other compliance issues too that hold up some of our customers, but local property taxes is by far the largest compliance issue that our customers face.

So what happens is they come into a branch and as you indicate they don't know they owe back property taxes, they come in, our examiners have to tell them, gee you owe this, that's not exactly the best conversation to have with a customer. They have to go back to their town hall and take care of that issue before they come back. And what happens is they come back a second time and sometimes a third time and essentially clog the lines for the customers.

The intent of the bill we want to accomplish is that customers in that area there that don't have these issues, we want to make sure that they get served quicker, faster, better and not have the line held up by those folks coming back a second and third time after they've cleared up their payments. So that's really the goal of that. That's what we want to accomplish. We understand that it concerns the town and we are going to be working with them.

REP. JANOWSKI (56TH): Just one other question and this has to do with the current registration process. I know that we changed it sometime back. I think it's for the good that we don't really need the stickers on our license plates anymore because that was problematic, people were stealing them and it became a problem. But what continues to be a 000675 28 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

problem now is that once someone registers, if they register online they do get a little receipt that says your payment has been received and they can keep that, the folded up portion, in their glove compartment and then check later on.

What happens is because once its paid and the registration is not mailed back by DMV, people forget that little cut off is their registration and it's their responsibility to check and make sure that the payment is received, processed and the registration is now valid. So they get cited because they forget to put that little thing not realizing it is their registration in the glove compartment. So we talked about what might be able to be done to help people understand and be able to, what can we do to make that work a little bit better?

MICHAEL BZDYRA: Sure, good question. So as you indicated correctly that was established, I believe, in 2009 and it was a cost saving measure and we continue to utilize that to this day for that very reason.

So right now when a customer's registration is due, the department mails them out their certificate and notice and on that document as you indicated the bottom third of the certificate, if you will notice, is the piece that they would take put in an envelope and mail back or they could go online enter their vehicle online. It's that middle portion that is actually the registration certificate. What we do when we mail those out, if the person does have a compliance issue whether they owe back taxes, they have parking tickets, they owe debt due to their emissions; it is indicated at the top of that certificate. So we understand where you are coming from. 000676 29 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

We have heard those same concerns that maybe it's not clear enough or that customers sometimes are still thinking about the old system. We use to mail out the notice, they would send in their payment with the notice and then we would mail out the registration. But the reality is for mailing costs alone we save about one million dollars a year by having only that one mailing go out and at the same time we institute that it would be about a two million dollar start up cost again. But we understand. We can always do a better job _of improving our notifications on the forms to try to get the customers attention more readily.

REP. JANOWSKI (56TH): And the reason I bring that up is because obviously someone gets stopped and they don't have it in their car and I know policemen can check on the computer that it is active but they can still be cited for not having it in the glove compartment or on them and most often I heard that from my constituents that they are cited for that and they did not even know, they thought it was in there when it wasn't.

Questions or comments from committee members? Senator Kane.

SENATOR KANE (32ND): Thank you Madam Chair.

I think it's just about afternoon but I'll say good morning anyway. I apologize for stepping out during your testimony and I missed certainly part the Chairwoman's questions and if there were others I don't know but if I am redundant I apologize but certainly you and I met the other day and you know we kinda of joked how in government terms people always complain or joke about the DMV. Right? It's 30,40,50 years and people make that joke but it's gotten a little serious now with the huge backlogs and the time, the wait times and that kind of thing. I just read articles and look at different things. 000677 30 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

One of the things that struck me is what NBC­ Connecticut Troubleshooters said that this problem does not just involve a backlog of paperwork, we've learned there was a problem with the new software code that was fixed just weeks ago. So if that is true, I mean is it, it's not just the backlog, is there a problem with the new computer software already?

MICHAEL BZDYRA: Well no, the computer system is working, working as designed. Since we've gone live though there have been bugs and we've been working closely with the vendor holding their feet to the fire to address these.

You know any time there is a system update, a switch over from a mainframe system to a system like this which is called a dot med based system really provide more flexibility and online services for customers it is a huge challenge. So there is over 40 million pieces of data that had to be converted from the old system to the new system and by the way other states are facing the very same decisions whether or not to do this and those states that have made similar decisions as us to go to a more flexible system, they found some of the same problems even with different vendors. So that, part of it is sheer volume of data that has to be moved over properly, unfortunately doesn't always do so. For your question Senator, there are still bugs in the system. We are working through those with the vendor. We find it unacceptable as well. We know our customers and your constituents have been harmed in some ways and quite frankly myself and the new Deputy Chief Commissioner Judeen, she has said these are our friends, neighbors, town residence, etc, we find that unacceptable as well. So we're going to work as hard as we can to get this done and fixed as quickly as possible. 000678 31 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

SENATOR KANE (32ND): When you say bugs, glitches isn't that the reason the DMV was closed for a week or two weeks? I mean wasn't that whole reason behind that?

MICHAEL BZDYRA: That was part of it. Correct. So about a week 10 days prior to actually going live just to convert and move all of these processes over took about that long and so in planning for that for many months, years in fact, certainly many months right before then, before the code was frozen so to speak and moved over, everything was green, we were moving and planning to do everything we can to ensure that everything converted over properly but as I said unfortunately some of those customer and vehicle information just didn't convert properly and so is that an excuse, it's unacceptable and that's what we're working on right now to make sure that doesn't happen.

SENATOR KANE (32ND): I mean we're already on our seventh iPhone. I mean we should be able to figure this stuff out right.

So the are residence still being pulled over and ticketed and cars being towed and that kind of thing, is that still taking place?

MICHAEL BZDYRA: To my knowledge no. You know there was that issue with the insurance compliance, we had a backlog that has been addressed. There are still some bugs we are working on. So we have not recently heard of that being a problem. But that was a serious situation obviously and unacceptable.

The sys.tem itself because of the issues was facing was causing folks who had proper insurance on their vehicle to show that they didn't and had problems being pulled over, ticketed and towed and we worked with those customers to reimburse them if in fact it was due to a cause by the system. Obviously some 000679 32 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

people didn't have the appropriate insurance but for those that did we worked diligently to make them whole and again it is unacceptable and we apologize.

SENATOR KANE (32ND): Again can you speak to that, how much that it, how much we spent on those fines or refunds or what have you? Any idea?

MICHAEL BZDYRA: I don't know off the top of my head. I don't want to speculate. We can get that for you.

SENATOR KANE (32ND) : Where would that come out of OE, where would that come out of?

MICHAEL BZDYRA: No in fact, there is already statues that cover that meaning when we prepare our budget there are instances regardless of a system where somehow, some way the DMV was in some way in error legitimately and so if that is the case we already budget for those instances where we reimburse people for being wrongly towed, wrongly ticketed, those kinds of things.

SENATOR KANE (32ND) : Where do you stand on the Governor's bill, which certainly adds some privatization from your department?

MICHAEL BZDYRA: We support the bill. We support the Governor's proposal. Representative Janowski asked earlier about AAA and right now we are in discussions with them. We want to move over our registration and renewals to them to give customers 16, they have 16 locations in the state, to give our customers the service, different locations in addition to what we already have, but registration system right now is working but there are still bugs. We want to fix those first, get that resolved and then move over that system to the AAAs so that it's done the right way so their customers don't have any of the issues that our customers faced 000680 33 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

previously. So we support that. We are looking at, open to other options as well and we want to make sure that our customers get the best possible service they deserve.

SENATOR KANE (32ND) : Is the DMV still selling customer's information?

MICHAEL BZDYRA: When you say selling customer information I•m not-

SENATOR KANE (32ND) : I mean the data that they have.

MICHAEL BZDYRA: So we do work with insurance companies right so they can get information on customers to properly rate them for insurance purposes. We work with Lexus and Nexus but that's all done in accordance with state law and federal law. So we have all the protections in place in accordance with the federal driver privacy protection act to make sure that customer information is protected. So I would not say we are selling it so to speak meaning to advertising firms for purposes. This is really solely for insurance companies so they can use this information on customers who have driver history issues with reckless driving, those kinds of things.

SENATOR KANE (32ND) : How much revenue does that bring in?

MICHAEL BZDYRA: If I am correct last year when this issue came up it was about 23 million dollars per year.

SENATOR KANE (32ND): Okay. I think that's it. I mean the other thing would be I don't know Representative Janowski talked about this but I 1 m certainly hearing from my town clerks, my tax 000681 34 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

collectors, I should say, about the Governor's other policy which would allow people to register their cars without paying their taxes and I for one could not vote for something like that especially after hearing from the people that I represent. So I don't know where that is in the process but.

MICHAEL BZDYRA: So that component of the bill was taken out of the bill. We still do support it. We understand the concerns of the townsi in fact, we are working closely with both the collectors and the assessors on other issues as well.

The reality is what happens is we end up becoming the tax collector so to speak, we are not physically collecting the local taxes but folks who know or don't know quite frankly that they owe taxes from when they moved, they didn't get the notice, they still owe taxes in another town, those folks come in, they don't know, our examiners have to have a very uncomfortable conversation with them, send them away, they have to go back to their town hall, then they come back and sometimes a second or third time to resolve the issue. And what happens they end up clogging our lines for the customers who are there who don't have issues. So that's really what the Governor is trying to get at and what we are trying to get at to reduce our lines as much as possible and quite frankly as you said earlier you know we are doing everything we can to improve those things so anything that can help alleviate those lines and improve customer wait times we support.

SENATOR KANE (32ND): Thank you. Thank you Madam Chair.

REP. JANOWSKI (56TH): Thank you. Let's see Representative Camillo followed by Representative Dargan. 000682 35 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP. CAMILLO (151TH): Thank you Madam Chair. Mike good to see you.

MICHAEL BZDYRA: Good to see you Representative.

REP. CAMILLO (151TH): Congratulations.

MICHAEL BZDYRA: Thank you.

REP. CAMILLO (151TH): You certainly have I would say a most challenging job in state government right now. I know we are rooting for you.

Following up on some of the questions we've heard today. In the last, you've been there for five years, you've seen a lot of these problems and I know you have mentioned when you were chosen recently the other day that you and the number two person that is here today will be thinking outside the box. There are some to be fair now because we have to represent people who send us up here who have been wondering where that thinking outside the box was the last five, six, seven years before you. What specifically can you bring to this? I know you have a great knowledge which will help you but going forward as far as thinking outside the box, can you give us some examples of what you'll do to turn this around.

MICHAEL BZDYRA: I think at its essence what I'm going to try to do in concert with our new Deputy is really promote and try throughout the whole agency a customer centric focus. Obviously that goes on now at our branches but really throughout our whole agency.

We know we have a phone center that our customers touch daily. We have different units throughout our agency that have separate phone lines that our customers are trying to reach and so what I really want to do in working with Deputy Commissioner 000683 36 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

Wrinn, her private sector experience is really fixing trouble systems in many ways and really focus on the data, data driven not antidotal evidence about do we try this, do this, get the data, see what it tells us, and apply that throughout the whole agency and really dig deep into you know not just big bang fixes kinds of things, like short term, medium term and long term goals.

And so we are looking at, we were out in the Hamden branch earlier in the week talking to customers and she is looking at working with the employees, looking at the new system and trying to come up with ways and methods out of the gate that we can make some simple changes to improve things. I guess I can't specifically say right now what the specific examples are but I would add that another thing we're working with AAAs on is to expand in registration renewals out there. We think that will go a long way to alleviate the lines at the DMV branches but more importantly getting our customers other locations to go to and not have to wait in line.

REP. CAMILLO (151TH): Thank you and I agree and I think that will help almost doubling the center of service.

We have also heard and again this predates decades, I know when I first got my license at Sanford I use to go in there and I would see things now that I've seen in other places, bites and screaming and that's hasn't really abated that much over the years and the people talk about culture you know. Have you recently seen any improvement in that, has that been an issue with you?

MICHAEL BZDYRA: Certainly when the lines are long some of our customers can be challenging but I would say in the last few years there has been a stronger presence of security guards when necessary. 000684 37 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

We do have commercial motor vehicle safety inspectors if there are issues they can be called upon and obviously we work very close with our local police agencies so if there are issues they can call 911 immediately but back to your question it's a challenge in this day and age we are concerned for our employees as well. They have been through a lot in the last six months. They do a tremendous job, the new system. In the old system there were three to four screens to do certain registration transactions that had to be touched. Now in the new system it's a much broader view of the customer, it provides more information, it's better in a lot of ways because you can do this online but there's now 25 screens they have to scroll through. So they've been through a lot. Customers have been through a lot obviously and we are trying to do everything we can to reduce that.

REP. CAMILLO (151TH): I totally understand in the last year or so its been really tough for the employees but was talking more about over the years some of workers attitudes, they're just sometime you know I'm not here to make apologizes for bad behavior but over years we've seen and I have saw it more at DMV, again long before any of us were here.

Moving on to the drive only licenses, passed that bill, some of us didn't support it but it passed and we were told that maybe 54,000. I understand that number is significantly higher. Do you have any updates on what that is that you have to deal with?

MICHAEL BZDYRA: Yes, so initially when the legislation passed the funding that was allocated for us anticipated about 18,000 applicants the first year. I don't know if it was 54,000 but it exceeded 50,000 applicants in that first year. It was huge, a much larger number I think than the General Assembly anticipated. We knew there would be a 000685 38 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

larger number than that. We have to live within our resources so those customers just like US citizens real ID customers they have to apply online, they have an online system for that where they take the date and time that they want for their test and pay online.

So we allocated the number of slots based upon the funding. So it was approximately 70 to 75% allocation of slots for real ID customers versus 25 to 30% for driver only customers. And this resulted in a situation where drive only applicants their ability slots has pushed out in fact until January or February of 2017 and right now I believe the next available appointments on average are about six to eight weeks out for real ID. So that's the way it's been allocated.

REP. CAMILLO (151TH): Ok thank you very much. One last question, the weigh station, when this was purposed years ago, a lot of us purposed it and she reconsidered it and then Governor Malloy purposed it and he did not reconsidered it. Then the first year we were concerned for two things, one for public safety because pattern of state troopers there is first line of defense and they had powers of arrest, which the DMV workers do not have.

MICHAEL BZDYRA: We do but to your point, we're not considered to be full peace officers in some ways but we are fully certified and trained at the academy just like local and state police.

REP. CAMILLO (151TH): But if there is an incident there are they armed?

MICHAEL BZDYRA: Oh yes, all of our inspectors are armed and they have arrest powers.

REP. CAMILLO (151TH): And if they have to be detained? 000686 39 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

MICHAEL BZDYRA: At the weigh station we don't have holding facilities but we would then call in other state police.

REP. CAMILLO (151TH): In the first year after the DMV took it over there was a loss of revenue and when I checked after that first year they said it was mainly due to being closed for a month that year and then I asked for the numbers recently and I don't think it was as much as a loss now but what is your opinion on that? Do you foresee it turning that back over being an advocate the weigh stations to be manned again by the state troopers or are you happy with DMV?

MICHAEL BZDYRA: I think we are very happy and I think and I don't want to speak for the state police I think it has gone very well. They worked together previously but under the legislative they passed in 2011 DMV is sort of responsible for managing each of the weigh stations and it has gone very well.

I can't recite to you Representative the revenues this year compared to last year. Every year however just so you know a weigh station might have issues, meaning structurally it goes down so DOT actually owns the weigh station facilities themselves so if there are repairs that need to be done because they go down it's their vendors that have to repair them. So I think sometimes what happens if there is a slump in revenue so to speak it's usually correlated tied to the fact that a weigh station whether it's in Danbury or Greenwich or even Union has had some issues and had to be shut to repair those facilities.

REP. CAMILLO (151TH): Thank you. I know the one in Greenwich was closed because the scale broke. I think it was like four months. 000687 40 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

MICHAEL BZDYRA: Yes. It was substantial amount of time and I think just reopened back in late January early February and we were working very closely with the state police with DOT in order to get that done but unfortunately I was told those things, the concrete sub pad, the scale itself could not be repaired properly you can't operate.

REP. CAMILLO (151TH): That's not your jurisdiction that's DOT.

MICHAEL BZDYRA: Correct.

REP. CAMILLO (151TH): Thank you for your answers Mike and good luck to you again.

MICHAEL BZDYRA: Thank you.

REP. CAMILLO (151TH): Your welcome.

REP. JANOWSKI (56TH): Representative Dargan followed by Representative Giegler.

REP. DARGAN (115TH): Thank you Madam Chair. Congratulations Michael.

So let's say you got a call from constituent and he's at old Saddiebrook DMV. So I say why didn't you go to Hamden, he goes the line from Hamden extends from State Street to New Haven. He gets there at nine o'clock. At three thirty it's still not resolved with title issues. So with that said I have what's called a fantasy commissioner's leak and that consists of children in families commissioner, Department of Corrections and Department of Public Safety but with the issues with DMV I think you will be added to that fantasy commissioner as well.

So we break out this new technology and the lines are longer now than they've ever been. The software company that we've chosen there's three to four of 000688 41 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING the states are having similar issues that we're having. So I haven't been able to get this answered. Is the state or DMV looking at any legal recourse of the monies that we've spent for this system?

MICHAEL BZDYRA: No we are not. And Representative I apologize and re-apologize on behalf of the customer that had to wait there that long. I will be happy to try it out and work with you on that.

But no, not at this time, we are working very closely with the vendor. We understand and we know and recognize that some of the bugs that have been in the system that caused our customer and your constituents issues like, you know, this kind of a switch over from a main frame system to this moderate system and by the way other states are facing the same thing, not just DMVs, other states are looking to do this and have done it and they have faced the same challenges that hits our customers. So we are working closely with them. We are holding them accountable but no not at this time.

REP. DARGAN (115TH): My next question deals with a personal issue that was kind of unique. So I get a notice from the New Haven Parking Authority that I owe $400 in back parking tickets. And so it's by the hospital and swung over there a lot and I said how could I get $400 worth of parking tickets? So I started to look into a little bit more and realized that the car with the license plate was not even my car but the State of Connecticut it was one of the few states that issues commercial license plates similar to a regular license plate so you could have a duplicate license plate for a commercial and for a regular license.

I said this is not going to work out too good. So I finally find out completely separate car, have to 000689 42 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

deal with New Haven Parking Authority who deals with a company out of Albany, had to go to DMV to get it certified. I figured so I'll be resolved. A year later this same incident comes up again. So now I go to the City of New Haven because I'm afraid that I'm going to get my car booted and it's not the same license plate. So I think there's only like two states that I was aware of that have duplicate license plates.

So as I said about Christy Scott, I'm big prankster. I thought maybe somebody was getting me pretty good. But the more I looked into it I could see that could be an issue. So it took me a year and a half, it had nothing to do with DMV except duplicate license plates and I just wanted to know if you could respond to that.

MICHAEL BZDYRA: Sure. First it's important that it occurred but the new system does not allow for that. So the new plates that are issued are the new system are all seven characters and that situation should not arise again. I don't know the frequency with which you mentioned that this occurs. It has come across our table before and even from other states, meaning so EZEE Passes, sometimes even some plates are different or letters and numbers are different sometimes those camera don't read them properly and we've had to deal with customers from out of state as well on that.

So I can't say Representative how common say you said a commercial plate has the same series of letters and numbers as passenger plates but it is unfortunate and we'll see what we can do to rectify that.

REP. DARGAN (115TH): Thank you. Finally Madam Chair, I know that Michael is someone that I have known for a number of years and he will do a great job. He has always been responsive to a number of 000690 43 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING legislatures in this building to help resolve whatever those issues are. So congratulations Michael.

MICHAEL BZDYRA: Thank you Representative.

REP. JANOWSKI (56TH): Representative Giegler.

REP. GIEGLER (138TH): Thank you Madam Chair. And congratulations Mike on your appointment.

I just have a couple of questions and some are followup on what Representative Camillo has spoken to you about.

In your testimony you had alluded to the frontline employees and working with them and Representative Camillo referred to the culture that had existed. And I know there's a lot of frustration now with what is going on in the long lines on both sides. But sometimes it's not always that, it's performance and attitudes that people are facing with the employees within the department and many consumers are feeling that.

I know yesterday I just had an elderly woman that came to my office that was foreign and she spoke limited English but she had been in the Norwich branch, totally just started crying about how badly she had been treated down there and she had a delinquent tax bill. She had paid it and she had the receipt. She had brought her son with her. He said she had taken it down there. Long story short, they sent her back to me and I forget what it was she wanted but wasn't related to what she needed. So she decided she would go to the Danbury branch and deal with it. But she was totally falling apart by the way she had been treated you know down there.

But often times I get people that come to where I am on the counter because they all need birth 000691 44 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

certificates, certified birth certificates, a letter documented as well but I referred them to AAA because we have a really good one in Danbury and the lines move very quickly and they are much happier with the way they are being treated. So I think sometimes you know it could be frustration but I think more or less I think a lot of it's just the culture of how some of the people are being treated and I'm happy to hear that's one of the things on your agenda that your Deputy Commissioner is going to be addressed.

The other thing is that we often are referring to and I know we heard it in the department you know the Transportation Committee referring to online and asking people to use online more. However, you know, we have a large especially in the city of undocumented migrants and we also have the elderly, who either don't have access to computers or totally are inhabited by technology. Either of which they don't use computers, they can't. So you know so to think that we're going to solve some of this by online, I think especially for the drive only licenses in a space like Danbury that line is not getting any shorter. You know in fact ours is probably getting a lot longer. So I didn't know you know how you were going to address if there's another way that or if there's a separate line for those that they're not holding up regular business of people that are there to get a registration or renew a license or a dealership trying to get vanity plates that they're not getting impacted by these long lines of the undocumented licenses have created.

MICHAEL BZDYRA: Right, I mean again the short answer is while we are promoting and trying to educate the public to continue to go online and in fact we are going to have some focus groups set up very soon to really kinda of dig deep and find out why there are customers that have gone into a branch 000692 45 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING that we know could have done that transaction online but didn't but really find out why, is it habit, was there a genuine reason they had to go and didn't realize they could do it online?

But to your point, we are always going to have branches and we are always going to have the ability to service people who don't have access to a computer, who don't have access to a smart phone and those kinds of things. That is definitively not going to go away. Our hope is though that in having customers that are currently coming into a branch that could do it online, that will then free up staff time and employees to really work on some more complicated cases people have and ultimately that will speed up the line for those who do have to go there.

REP. GIEGLER (138TH): Just a follow up on that, if you look at the concentration of where the DMV offices are within the state, I know several years ago there was an arbitrary decision made to shut down some of the branches and services and one of those included Danbury and legislatures from the area have put a big push on not having that happen because it would really voided any kind of DMV office on the northwest and western part of the state and so fortunately we were able to turn that around and by looking at the business, what a catastrophe that would have been had that office been closed down because of the volume that transpires there.

My question to you is that you know with the state being in a situation it is and the budget cuts, would there ever be another effort by the department to shut down any of these branches? And if so, what would be your alternative recommendation? Because right now I know people are going from our district are going to Waterbury, they do go to Norwich because we get so busy especially with driving tests 000693 46 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

and things like that. So that impacts other committees and volumes. I just wanted to address that a little bit.

MICHAEL BZDYRA: I think there's no plans right now to do anything like that. In fact the Governor's composed budget in fact did not provide any cuts to DMV or DOT so we're thankful and pleased about that.

But at the end of the day we also are looking as every agency is at the course services, we face a new economic reality now that we have to streamline things where we can and so should there be cuts we haven't sat down and formerly looked at what we might have to do in terms of changing how we are organized etc. But I think we would do everything in our power to make sure that the public is served as well as possible but there have been no decisions made in any regard to that.

REP. GIEGLER (138TH): Just one more thing, I know there was the recommendation made in one of the bills and I think it hasn't moved forward but as one in the form of privatization there was recommendation that potentially they would use town clerk offices within the state and I think that some of the smaller town clerk offices who aren't as busy that wouldn't be a problem but for those of us that reside in a city and the volume that transpires in some of those, Norwich, Danbury, it would totally paralyze what the function and mission of that department would be. So I just wanted you to address that possibility.

MICHAEL BZDYRA: Well I mean I think we are looking at and obviously in towns where they are small or large we want to do it, if we are going to proceed down that path we would want obviously work with them but I think the thought is initially from some legislators and others that if a person owes back property taxes and they have to go to the town hall 000694 47 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING to pay them, maybe there's an opportunity down the road since they're there whether its getting a temporary registration or renewing their registration, and of course there are 169 towns, so maybe that's another point of contact for our customers to achieve that. But there's been no formal discussions in any regard like that. We're really right now focused on fixing our current system, getting that proper, getting that right, and then at some point rolling that out to our AAAs so that our customers have other point of contact there.

REP. GIEGLER (138TH): Add to that when you, would that be you are thinking more in terms of limited reason why you would go get a license or would you expand it to something drive only license?

MICHAEL BZDYRA: No, no, not licensing. It would be strictly for registration. I will be very honest; I don't want to speculate about that. Right now I think we're looking working with AAAs that we've worked with for so many years, they do a great job and we will work with them first. Nothing to do with licensing. This will be registration only.

REP. GIEGLER (138TH): Thank you very much and I know you have a huge surmounting task ahead of you and hopefully you and the new Deputy Commissioner can work to resolve all the issues that we hear everyday in our communities about the DMV.

MICHAEL BZDYRA: Thank you and we appreciated that and we are going to work as hard as we can and as fast we can to improve things.

REP. JANOWSKI (56TH): Representative Buck-Taylor.

REP. BUCK-TAYLOR (67TH): Thank you Madam Chair.

Hi Mike, good to see you again. 000695 48 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

MICHAEL BZDYRA: Good to see you again.

REP. BUCK-TAYLOR (67TH): Yesterday when we met I asked you then if you lived in a fantasy world and if you could have anything that you wanted one of your responses was staying within budget. And I thought at the time, I actually laughed that you were setting your sites really low. Well then I remembered where we are and I don't think anybody stays within their budget here. So isn't probably a fantasy.

How can you insure that the DMV stays within its budget?

MICHAEL BZDYRA: Well we have to. I mean, we're getting resources allocated authorized by the General Assembly, we will do everything we can to do that. To my knowledge we've not exceeded our budget in past history but this is a new economic reality we all face and in terms of your question about what would be a perfect DMV fantasy land, I guess having thought about it now since yesterday, obviously we would like to have branches everywhere, and have our customers served within a five minute wait time if that's possible. But that's not reality either, right, so we have resources and staffing and we are going to be working very closely with our Deputy Commissioner, we are going to be diving deep into the processes that we have to make sure that we are providing and improving our customer service but at the same time living within our means.

REP. BUCK-TAYLOR (67TH): With using AAA for licenses, how much of a cost saving has that been to the state, do you know?

MICHAEL BZDYRA: It really hasn't been a cost saving. We do provide and pay for the equipment that goes into the AAA branches and we do the same 000696 49 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING when we roll out the registration renewals, we pay for the data lines and communication lines that go out there. So there's a cost but it's really about customer service and we are looking to make sure that the lines that we have now can come down and utilizing AAAs and other entities perhaps that may ultimately happen.

REP. BUCK-TAYLOR (67TH): But you are not employing anybody at AAA so you are not going to be bearing any expense or is AAA personnel that works there?

MICHAEL BZDYRA: Correct, it is AAA personnel that work there. Right.

REP. BUCK-TAYLOR (67TH): I had a constituent call yesterday after we met and her complaint was the fact that she had been trying all day to schedule a driving test for her son. Do you have a perspective as to when we can cease getting those calls?

MICHAEL BZDYRA: I don't off the top of my head. We know that an issue the driving tests in terms of the road test that is being a challenge. We are looking and we have a team in place, we are looking at that right now to see what is the best most efficient possible way to bring down those appointments that are pushed out sometimes two to three months.

REP. BUCK-TAYLOR (67TH): Is that a computerized call or personnel problem?

MICHAEL BZDYRA: You know, we are looking at that. It's not a computer problem per se, right now to get a road test we're looking at, on our learner permit test that is a computer system, people go online, they pay for it online, they pick and schedule their date and time but the road test component of that which we are trying at some point to roll into that so that is scheduled as well. Right now it comes to our phone center. so folks call in and get an 000697 50 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

appointment that way, that's the most convenient for them.

REP. BUCK-TAYLOR (67TH): I know this is probably something unusual that you're going to hear but I experience at the DMV down in Danbury was a quick breeze, pleasant people. I walked in there and I expected that, and there were a lot of people sitting there but I guess there were different windows assigned to people who were renewing their licenses and other things and I was renewing my license and it went so quickly. It was like I felt like I was some other reality. But it does happen and if you could make that happen a lot more often that would be great for everyone.

Congratulations.

MICHAEL BZDYRA: Thank you. That is our goal in fact we recognize the issues and challenges we face but we actually do get many, many emails or phone calls from people saying just what you said. I read the papers, I know you guys are facing challenges but I got in and out of there in five or ten minutes. So we want to do more of that. And that's really our goal. So thank you.

REP. JANOWSKI (56TH) Representative Vargas.

REP. VARGAS (6TH): Yes, I just wanted to join my colleagues in extending my congratulations to you on you nominations to be Commissioner of Motor Vehicles. We have only interacted a couple of times but I have always been satisfied whenever we've met and I just wanted to mention the fact that I think that your having been in the agency and having worked in different capacities will serve you well as Commissioner. I'm pleased you are going in with your eyes wide open. Good luck. 000698 51 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

MICHAEL BZDYRA: Thank you. I have a good partnership with my new Deputy. It's going to be a good team.

REP. JANOWSKI (56TH): Representative Godfrey.

REP. GODFREY (llOTH): Thank you. Congratulations. The good news is you have been appointed, the bad news is and I've traveled around the country, it's the worse job in any state. I swear. DMV can never do anything right it seems. It's a sad state of affairs because like Representative Buck-Taylor the last time I needed a driver's license picture I was in and out of the Danbury office which is like three blocks from my house in 10 minutes. It was pretty quick.

But the same day I seem to remember walking in there and Ruddy Maconey is sitting on the chair in another line and I go what's going on and he goes I got this really complicated truck thing, so okay.

So I•m hoping as we go forward uncomplicating some of the, certainly it will require changes to laws, changes to procedures, come and see us, we will do whatever we can, we are really gonna have to get down in the weeds to do a number of those things. I think it is true that people, especially in my generation, we're use to going into the DMV and transacting all of our business there, not aware that things are online. We probably need, as a state, to do a little bit more informing people about you don't necessarily have to go to the DMV office for things like a new picture license, there are other places in town but dealing with a lot of the more complicated and the more commercial I•m hearing more concerns from those other than car dealers who are dealing with fleets that for them things are overly complicated and a trip to the DMV means the entire day is going to be wasted. So that is certainly an area that in the coming months I 000699 52 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

hope you will also be focusing on. It's a real problem.

MICHAEL BZDYRA: Yes and we've heard that too.

REP. GODFREY (110TH): A lot of antidotal stories we are hearing about your computer system is, there are claims that the employees were not consulted at high enough level as to what needed to be done and how it needed to be done when you farm something outside this is a sad consequent too many times and even with 3M we've seen problems in other states that they had and they all seem to be the same kind of thing. So that's another area of care.

I certainly join Representative Giegler to defend the DMV office in Danbury. It is a busy place, it is near my house. I drive by it and I can see what's going on, how many cars in the parking lot and that kind of thing. Ever drive down route seven between Danbury and Norwich, yea, don't! [Laughter] . So you just have to go down to Norwich, no, no. It doesn't work.

Jan, wearing her town clerk hat, I think was right. We are hoping certainly will continue the association between tax collectors and DMV to make sure that taxes are paid up. If there is a need however for a change in the way things are communicated and done between towns and DMV, may I suggest it not be a two-step, you go and pay your taxes and then you go see the town clerk, let's just have the tax collector do it, one stop. Less bureaucracy, less time wasted. I think that the Department really needs to start thinking outside the box and the promise of doing this is clearly there, to start looking things not from exclusively, a bureaucracy perceptive at all and from a customer perceptive. I think you are on the right track. So good luck, you are going to need it, I'm sure. Thank you for being willing to take on this task. 000700 53 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

REP, JANOWSKI (56TH): Other questions from Committee Members? Representative Perillo.

REP. PERILLO (113TH): Thank you Madam Chair.

Mike good to see you again. A good friend of mine is actually a former DMV Commissioner. And he has already sort of talked about it in this way. Is DMV an enforcement agency or is it a service agency? And can it be both?

MICHAEL BZDYRA: It is both, right. I mean we enforce, we have a commercial vehicle, safety inspection unit that enforces the rules of the road on trucks and commercial vehicles. We enforce the laws of the State of Connecticut as it relates to registrations and driver's licenses. But at the end of the day I think that the department really needs to put an extra emphasis on customer service. Yes, its enforcement agency in some aspects but at the end of the day, customers are coming to us whether its for a driver license, registration, registering commercial fleets, and we need to really kinda of step up our game and look at how we do our business and how we serve our customers and make those changes necessary to do that.

REP. PERILLO (113TH): Thank you. What do you think; you've got quite a task. What is the biggest barrier to that to success? The biggest barrier?

MICHAEL BZDYRA: You know that's a great question. I don't know if I could answer that. I mean right now we're looking at the data, getting more data and specifically we're using that to kinda figure out where are the real pain points for our customers, we're not going to solve everything, we're not going to solve everything in the next six months, but what are the things we need to do sooner rather than later say three months, six months, one year, that 000701 54 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

we can get some quick wins on so to speak that our customers and our employees too feel things are getting better. So I guess in terms of what the biggest barrier is I think we are looking at that and looking at all the various things that we do and what is the best way to accomplish those.

REP. PERILLO (113TH): I forget who was discussing it during this meeting with you but the issue of wait times creeping up came up, you said you are doing everything you can, the DMV as an agency is doing everything, so what is wrong, what does that mean? What is everything you can?

MICHAEL BZDYRA: So in terms of having the flexibility of if one branch for some reason has some employees that are out we have the flexibility to move employees from branch to branch to stop gap and help reduce the lines at that particular moment. But even in the back office. So with this new system, we knew there would be changes in terms of impacts on the agency. We don't even know yet all of the impacts scattered throughout. We are still looking at how has this new system caused employees duties to shift, whether it's in the back office to the frontlines or from the frontlines to the back office. So when issues arise we have the ability in certain units to move people whether there's a title backlog, that actually still exists several months ago, its now down at a manageable level of about 55 days but we move those human resources around as appropriate to tackle those issues. So I don't know if that answered your question or not.

REP. PERILLO (113TH): To the issue of driver testing, and I know at the schools the written component is handled. Why can't the instructors simply do the road portion too?

MICHAEL BZDYRA: Well you know actually we are internally kinda of looking at that question now. 000702 55 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

You know the concern is that customers that are paying a driving school to perform then perform the driving test is there some incentive perhaps to have a driving school maybe have a much higher pass rate than you would if the actual road test is given by DMV inspector. So the idea is that there maybe some more objectivity. But we are looking at that. We are looking at all the things we can do to see if we can help our customers get road tests and other tests sooner rather than later.

REP. PERILLO (113TH): And I think that's a very, very valid concern but at the same time if you could measure it you can assess. If you've got a couple of schools that have very, very high pass rates, very, very, low pass rates and their outliners, the fact that you can observe that raises a flag and quite frankly the schools themselves know that you are looking at the numbers its an incentive for them to be fair. So I don't, I understand your concerns but I don't think that's an insurmountable obstacle at all. It would definitively be something-

MICHAEL BZDYRA: We will definitively take a look at that.

REP. PERILLO (113TH): I have another very, very specific question and then I'll take off my review before you leave today. Thanks very much.

REP. JANOWSKI (56TH): Other questions or comments? Seeing none, we have one final question that we ask all of our nominees, is there anything in your background that can prove embarrassing to yourself, this body, the members of the General Assembly or the Governor's Office.

MICHAEL BZDYRA: In fact there is. And just very quickly and I reference it earlier in my testimony. Just in the last two days, it came to my attention that I 1 m actually two courses short of my Master's 000703 56 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING

Degree. And so that was an error on my part, I have reached out to the University and I am willing to rectify that but I just want to be open and honest and up front about that. For the last twenty plus years, I believed that I had my certificate but in discussion with the University apparently I'm two courses short so I'm looking to rectify that and get that done ASAP. So I just wanted to make sure you were aware of that.

REP. JANOWSKI (56TH) Thank you very much for your candor. Thank you and that completes your testimony.

MICHAEL BZDYRA: Thank you very much.

REP. JANOWSKI (56TH): Well I asked him that question.

[Chuckle] And he was very candidate about it in his response.

Very good. Thank you very much and again congratulations on your nomination.

MICHAEL BZDYRA: Thank you very much.

REP. JANOWSKI (56TH): Are there any members of the public here to testify? Seeing none. I have two letters that I would like to mention for the record that have been given to us as testimony. Both letters are in support of Michael Bzdyra for Commissioner of DMV. One letter is from Auto Bodies Association of Connecticut. A letter in support. And the other is from Representative Emmett Riley from the 46th Assembly District. Again a letter of support for the new DMV Commissioner nominee, Michael Bzdyra.

Seeing that there is no other testimony, I will no declare the public hearing closed and we will 000704 57 March 24, 2016 cf EXECUTIVE AND LEGISLATIVE 11:00 A.M. NOMINATIONS COMMITTEE PUBLIC HEARING convene the Committee Meeting in three minutes. 000705

Testimony before the Executive and Legislative Nominations Committee

Testimony of Christy Scott

March 24, 2016

Good morning, Senator Duff, Representative Janowski, Senator Kane, Representative Buck­ Taylor and members of the Executive and Legislative Nominations Committee. My name is Christy Scott and it is an honor to appear before you today as Governor Dannel P. Malloy's nominee for the position of Claims Commissioner.

I have been a practicing attorney since 1993, and nearly all of those twenty-three years have been spent in public service. For the last nine or so years I have worked at the General Assembly as an attorney and advisor. Prior to that, my positions have included serving as the deputy to the state's Child Advocate, as an assistant attorney general, as a private practice attorney, as a lobbyist, as a clerk at the Connecticut Supreme Court and last, but not least, as a high school English teacher.

I am humbled and grateful to have been nominated to be the next Claims Commissioner. The position requires an experienced legal mind combined with a strong sense of fairness. I believe my twenty-plus years as a lawyer have given me the necessary legal skills, and my inherent sense of fairness has been strengthened by many years of serving the public interest. I have been drawn to public service throughout my career because, like all of you, I want to use my time and skills to improve life for all of us. I share the desire that I know all of you have to make a difference and to leave things better than 1 found them. I am delighted to be nominated to a position that will allow me to continue that work in a role that has such a direct impact on the lives of others.

Those who come to the Claims Commissioner for relief are entitled to be treated fairly and with respect. That respect includes both an equitable resolution of their claim, but also an efficient, timely, and transparent process. I am committed to accomplishing both of these goals. I know that fully achieving these goals will require hard work, perseverance, and some creative problem-solving. I think many of you know that I can be counted on for the hard work and perseverance and I look forward to the challenge of finding creative solutions to the task of modernizing and improving the operation of the office.

Thank you for the opportunity to testify before you today. I look forward to your questions and, hopefully, our future collaboration to make life better for the residents of our state. 000706

TESTIMONY PRESENTED BEFORE THE EXECUTIVE AND LEGISLATIVE NOMINATIONS . COMMITTEE

Testimony of_ Michael R. Bzdyra- Commissioner Department of Motor Vehicles

March 24, 2016

Good morning Senator Duff, Representative Janowski, Senator Kane, Representative Buck­ Taylor and distinguished members of the Executive And Legislative Nominations Committee. My name is Michael Bzdyra and I am honored to have been nominated by Governor Malloy to serve as the Commissioner of the Department of Motor Vehicles. I appreciate the opportunity to come before you to answer any questions you may have regarding my nomination to the Senate.

I was born and raised in East Hartford, Connecticut and graduated from George J. Penney High School. I then went on to graduate from the University of Connecticut with a Bachelor's Degree in Economics in 1986 and substantially completed my Master's Degree in Public Affairs in 1994.

After graduation, I went to work at the Connecticut General Assembly working as a legislative aide and clerk of the Finance, Revenue and Bonding Committee. After two years of working on the Finance Committee, I worked for the Senate Democrats Office as a Senior Policy and Communications Specialist where I had a variety of reqponsibilities that included analyzing policy and fiscal matters and monitoring legislative committee activities, including the Appropriations and Finance, Revenue and Bonding Committees. I also administered special projects for the Senate President, Senate Majority Leader and other senators.

After nine years with the Senate Democrats Office, I went to work for the Connecticut Resources Recovery Authority (CRRA). I was a Senior Analyst for several years where I worked for the Operations Department and the Recycling Division of CRRA Subsequent to those duties, I became CRRA's Government Relations Liaison where I was responsible for directing and implementing the agency's legislative and governmental activities.

In 2011, I was hired at the Department of Motor Vehicles (DMV) as the Executive Assistant to the Commissioner, Melody Currey. One of my major responsibilities was representing the Department at the Connecticut General Assembly and advocating for DMV's legislative program. I also managed all legislative constituent casework and responded to legislative inquiries. In addition, I managed the Department's regulations program with the Agency's Legal Director. Further, I was in charge of various special projects as assigned by the Commissioner.

In the fall of 2014, I became the Deputy Commissioner of DMV where I assisted and advised the Commissioner in leading and managing the Department. I oversaw and managed four divisions that included Driver Regulation, Facilities Management, Emissions and Internal Audit Services. I served for approximately one month as the Acting Commissioner until Commissioner Murphy started in February.

During the past five years at DMV, my experience as Executive Assistant to the Commissioner, Deputy Commissioner and then as Acting Commissioner has proved invaluable and will serve me well as the next Commissioner. My detailed knowledge of DMV's various units, functions and its employees, from the top managers to the front-line employees, is a great asset in understanding the agency and lead it forward. As you are aware, the Department of Motor 000707

Vehicles is facing many challenges since the launch of the new computer registration system this past August. I am prepared to work diligently on addressing the issues f~cing DMV and I am dedicated to improving customer service. I am excited to have a new Deputy Commissioner, Ms. Judeen Wrinn, working closely with me to make the changes necessary to fix the problems with the new computer system and to create a much more customer centric focus throughout DMV.

My institutional knowledge of the agency and its employees united with the extensive private­ sector background of our new Deputy Commissioner Judeen Wrinn will benefit the agency tremendously. We are committed to creating an effective approach to help solve DMV's problems. She brings tremendous experience and knowledge with her from the private sector and possesses the experience in repairing troubled systems and is a successful problem-solver. Our combined experiences will be ext~aordinarily important in examining our new computer system and related processes to make it more customer friendly.

In addressing our new computer system, please be aware that DMV is working closely with all DMV employees, other state agencies and municipalities, and the many other stakeholders that partner with DMV to improve customer service and to reduce customer wait times at our branches. We must work harder to educate and encourage our customers to use the new online services now provided through the new system so they do not have to wait in line at a branch. Some of these new online services include enhanced registration renewals, re-printing a registration certificate from home, and ordering vanity plates. These and other transactions can be done without going to a DMV branch. In addition, DMV is working closely with its computer system vendor and holding them accountable to address all of the issues with the new system. We want those to be fixed sooner rather than later so that our customers are not impacted like they have been in the past. ·

While DMV faces many challenges, I am excited to take on the responsibility as Commissioner of this complex agency with our new Deputy Commissioner as we begin the tasks of examining ways to improve customer service, continuing to address the glitches in the computer system, and working collaboratively with all DMV employees toward the common goal of serving our customers better and moving the agency forward into the future.

Thank you for your time and I am happy to answer any questions you may have. 00707A

Auto Body Association of Connecticut 104 Cheshire Road • Prospect, CT 06712 ~ Phone (203) 767-5731 • Fax (860) 283-4154 www .abaconn.com "Pulling together for a better future" SRIO

TESTIMONY OF AUTO BODY ASSOCIATION OF CONNECTICUT BY ANTHONY FERRAIOLO, PRESIDENT SUPPORTING SENATE RESOLUTION CONFIRMING THE NOMINATION OF MICHAEL R. BZDYRA OF WALLINGFORD TO BE COMMISSIONER OF MOTOR VEHICLES EXECUTIVE AND LEGISLATIVE NOMINATIONS COMMITTEE MARCH 24, 2016

The Auto Body Association of Connecticut (ABAC), a statewide trade association of professionals dedicated to the advancement of the collision repair industry, through safe quality repairs for Connecticut consumers, respectfully submits the following comments supporting the Senate Resolution Confirming the Nomination of Michael R. Bzdvra to be Commissioner of Insurance:

The ABAC wishes to congratulate Michael Bzdyra on his nomination to be Commissioner of Motor Vehicles for the State of Connecticut. As a professional association- representing both independent auto repairers and their consumers, matters concerning licensing of dealers and repairers, towing and storage, as well as safe, quality auto repairs, are dealt with by our member shops and our consumers on a daily basis.

The ABAC is very much encouraged by the nomination of Mr. Bzdyra. We have had the pleasure of working with him in the past and always found him to be approachable, extremely professional, and a good listener. Perhaps more importantly, Mr. Bzdyra is action-oriented. In our past dealings with him on behalf of the Department, he demonstrated an understanding about the needs and concerns of our industry and offered solutions.

The ABAC believes the Commissioner of Motor Vehicles can and should play a vital and active role not only in regulating auto repairers, but also in protecting consumers. We are confident that Mr. Bzdyra will take these vital interests into account when serving the Department. 007078

While tasked with licensing, overseeing and regulating dealers and repairers, the Department also needs to ensure that the rights and interests of the motoring public are protected, particularly with regard to the quality and safety of repairs. One way to help achieve this dual goal is to ensure that dealers and repairers are fully educated with regard to changing laws and regulations that may impact them so that they can be fully in compliance. In the past, the industry and the Department have had a successful working relationship in this regard and we hope to achieve that again under the adept leadership of Mr. Bzdyra.

On behalf of the Auto Body Association of Connecticut, we extend our best wishes and congratulations to Mr. Bzdyra. The ABAC stands ready and willing to continue to work with him and the Department, and we look forward to an opportunity to do so once again soon.

'1 00707C

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REPRESENTATIVE EMMETT RILEY ASSIST ANT MAJORITY LEADER FORTY SIXTH ASSEMBLY DISTHICT MEMBER VICE CHAIR, PUBLIC HEALTH COMMITTEE l.EGISLATiVE OFFICE BUILDING ENERGY & TECHNOLOGY COMMITTEE ROOM 4003 INeil!RANCE & REAL ESTATE COMMITTEE HARTFORD. CT 06106 15~1 JUDICIARY COMMITTEE CAPITOL 860-2•10-858!; TOLL FREE: 1-800-842-8267 FAX. 860-240-0206 E· t~1All EnH1.,ett Riley@cga ct g,)>J

March 24, 2016

Representative Claire Janowski, Co-Chair Senator Bob Duff, Co-Chair Executive and Legislative Nominations Committee Legislative Office Building, Room 1000 Hartford, CT 061 06

Dear Representative Janowski and Senator Duff,

It is with great pleasure I support the nomination of Michael Bzdyra to be the Conm1issioner of the Depattment of Motor Vehicles and I thank Governor Malloy on his excellent choice.

l have known Mr. Bzdyra on a personal and professional level for decades and believe he is the COJTect individual for this challenging and demanding leadership role. Mr. Bzdyra is one of the most conscientious and hardworking individuals I have worked with in my career. His attention to detail is superior and first-rate. His experience working within and outside the General Assembly and Executive levels of Connecticut govemment will be a tremendous asset to DMV. I carmot contemplate a better person to lead the Depattment through this difficult phase.

Thank you for your consideration and I ask the committee vote favorably on this nomination. If I can be of further assistance, please do not hesitate to contact me.

S[INING NOf~W'Cl-1 000708

THE CoN"NECTICUT GENERAL AssEMBLY Joint Committee on Executive and Legislative Nominations

Seuator Bob Duff Repres·emariw Claire JmltJII'I·kt Co-Chair Co-Chair T1nwl)·-fi.tih DtsMcr F!f(l' Sixrh DistricT

Executive and Legislative Nominations Committee

PUBLIC HEARING AGENDA

1 Tuesday, March 29 h, 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW

House Joint Resolution(s)

Donald B. Frost of Fairfield, to be a member of the Connecticut Port Authority Board of Directors

; J. Scott Guilmartin of Suffield, to be a member of the Connecticut Airport Authority 000709

2016 Executive and Legislative Nominations Committee

3/2~ Attendance Committee Leadership:

/Rep. Janowski, Claire (Co-Chair)

/sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice'Chair)

·v Rep. Vargas, Edwin (Vice Chair)

Rep. Buck-Taylor, Cecilia (Ranking Member)

/ ·sen. Kane, Robert (Ranking Member)

Committee Members:

Rep. Albis, James

Rep. Berger, Jeffrey

Rep. Camillo, Fred

Sen. Crisco, Joseph

Rep. Dargan, Stephen

Sen. Doyle, Paul

J Sen. Fasano, Leonard

Rep. Giegler, Janice

Rep. Godfrey, Bob

Sen. Guglielmo, Anthony

Sen. Hartley, Joan

vi Rep. Perillo, Jason 000710 1 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

CHAIRPERSONS: Representative Janowski, Senator Duff.

SENATORS: Kane, Fasano.

REPRESENTATIVES: Vargas, Perillo.

REP. JANOWSKI (56TH): I'd like to convene the public hearing of the Executive and Legislative Nominations Committee. I am Representative Janowski co-chair of the Committee with Senator Duff, who will be here shortly. There are other quick meetings taking place today as you know - as many of you may know both the House and the Senate will be going in to session, and we have a limited amount of time to be able to conduct the public hearing as we can no longer continue once either chamber goes into session.

Fortunately I have two nominations on the agenda, and they both seem like very good candidates of their positions, so hopefully we will not be here for very long.

And with that, Ethan can you do the short version of the obligatory announcement.

ETHAN: (No audio) .

REP. JANOWSKI (56TH): Thank you, and with that we will begin with our first nominee, Donald Frost of Fairfield to be a member of the Connecticut Ports Authority Board of Directors.

Please come forward and raise your right hand. 000711 2 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

Do you swear to tell the truth, the whole truth, and nothing but the truth?

DONALD FROST: I do.

REP. JANOWSKI (56TH): Thank you. Please be seated and provide us with a statement.

DONALD FROST: My name is Donald Frost. I've been a resident of Connecticut and the town of Fairfield since 1977. I would like to thank the Speaker of the House, J. Brendan Sharkey, for nominating me to be a member of the board of the newly formed Connecticut Ports Authority. I graduated from the State University of New York Maritime College with a Bachelor's of Science degree in Marine Transportation, shipped out as a Coast Guard Merchant Marine officer for U.S. ships, engaged in international trade, served in the U.S. Navy Reserve as an officer in The Military Sealift Command, and earned an MBA majoring in international business and marketing from the Baruch School of Business at City University in New York.

My entire professional life has been spent in various roles in the maritime industry, and as you can see, I think you have a CD; I have a rather long resume. Therefore, I would like to point out a few areas that I believe would be particularly pertinent and likely useful to the Ports Authority Board.

First, having worked with both cargo owners and ship owners, I have a good idea of what customers are look for in a port. In my consulting career, I was involved in port d~v~lopment on five different continents. Most of these engagements involved vetting business plans that would be financed by 000712 3 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

World Bank, and other banks who were my clients. I also consulted to the Port Authority of New York and New Jersey on its strategic plan for 2040.

As a founding member of the Connecticut Maritime Association, I learned how to - I would like to explain the difference between association and coalition. CMA is the ship owners and the financiers, and their national, international view. Connecticut Maritime Coalition is of course, focused on the state.

At CMA I learned how to be a productive member of a board. I was elected four times as president, and I helped CMA grow from a group of about 38, to a dues paying membership of over 1,500 maritime professionals worldwide. Via our website, we reach another 4,000 plus virtual members. Our annual conference, which just ended last week, drew approximately 2,500 people to Stamford to discuss the current state and future of the maritime industry worldwide. We estimate it added about $2.5 million in revenue to the Stamford area economy.

For more than 15 years I have represented the CMA on the Board of the National Association of Maritime Organizations. NAMO includes representatives from the West, Gulf, East Coasts, and the Great Lakes. As a CT PA director, I will be able to draw upon the experience of my NAMO colleagues; not only their best practices but also what they did wrong so that the Connecticut Ports Authority can avoid the same mistakes.

NAMO also works very closely with Federal agencies in Washington and leaders of the USCG, US DOT/MARAD, NOAA, Army Corps of Engineers, US Customs, and 000713 4 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

Border Protection, which is US Legacy US Customs, and Immigration and Naturalization. At our semi­ annual meetings they brief us on everything that is going on in all the ports of the nation.

To summarize, there are two areas which I can add value to the Port Board. First, my knowledge of and experience with water-borne commerce beyond just the ships and ports, for I believe that what can bring both industries and jobs to Connecticut. Secondly, the broad network of maritime professionals worldwide that I have developed during the course of my career, of which I can draw my information and ideas.

I would like one last thing. When we were listening to these speakers last week at our conference, one thing I think I can bring to this job is vision. An idea of what can and might be done, and what works and what does not work. I would be happy to answer any of your questions and clarify any of my activities.

REP. JANOWSKI (56TH): Thank you and congratulations on your nomination. Urn, I am - in just looking at the resume that you provided, you certainly have and do bring a lot maritime marine experience to the Board, and of course this is a volunteer position, so there is no monetary gain whatsoever.

DONALD FROST: I'm painfully aware (laughter)

REP. JANOWSKI (56TH): Ya (laughter). You know, most people that are appointed to these boards are. So it is a tough one. So, we do appreciate your willingness to serve, because I know that a lot of times when we are asked to serve on some of these 000714 5 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE volunteer boards, you know you think "well it's only one meeting a week" or whatever the case may be, but we know it is a lot more than that, so we do appreciate it.

I just have one question; primarily because you bring so much to the table in terms of experience in the industry, and you mentioned that you have a great deal of experience in working for cargo and ship owners, and one of the things that I believe is a priority for our ports, is finding a way to attract more activity into our ports, more trade, and I know we have some really good ports in Bridgeport, New Haven, and New London, but how can we make them more competitive with New York Ports. Do you have any suggestions based on your experience of what your vision might be in how to improve that?

DONALD FROST: It is complicated, but I have to brutally say that 'dredge it and they will come' won't work. You've got to sell the state, not just the port. You've got to sell the state as something more than just - it gets complicated. You have to look back at what we've lost over the years. Not in my CD, but the formal general manager of the (inaudible 8:47) my brother in law did a lot of consulting for him, freebies, urn for the railroad that runs from New London up to Vermont, and there is lots of potential but you've got to sell it, combined with other modes. It can't be just the ships. You have to do it with railroads and with truckers, and also our ports have been encroached upon over the 300 years that they have been around, so we have to help with their access. And, we are doing this, but we are doing it from the standpoint of people access, not commerce access. It is not easy. 000715 6 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

REP. JANKOWSKI (56TH): Well thank you. I'm glad you mentioned trains because our highways are so congested with truck traffic, and just regular automobile traffic that it becomes very cumbersome and counterproductive to continue that route indefinitely, so I think trains do have a large role in being able to move cargo around much more efficiently, and I thank you for that answer.

Other questions or comments? Senator Kane.

SENATOR KANE (32ND): Thank you Madam Chair. Good morning Mr. Frost.

DONALD FROST: Good morning.

SENATOR KANE (32ND): Listen, I have a list of about 12 questions for you.

DONALD FROST: Good, let's go.

SENATOR KANE (32ND): But, Senator Wong said you are a good guy, and you are the perfect guy for this role, so I'm going to forego my questions, and I certainly take his advice to heart, and when he says you are the perfect guy for this role, I take that under very serious consideration, and look forward to your nomination.

DONALD FROST: When you have some time, I'd like to answer the questions.

SENATOR KANE (32ND): Nah, I'm kidding you and really I did read your resume. It is highly credible background that you have, very detailed that you gave us in regards to ports and this 000716 7 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

Authority, so I think you are, as Senator Wong said, the perfect guy for the job. So, thank you for doing what you're doing.

REP. JANOWSKI (56TH): Thank you Senator Kane.

Any other questions? Representative Vargas.

REP. VARGAS (6TH): I just wanted to thank you Mr. Frost for your willingness to serve on the Connecticut Port Authority Board, and I also wanted to thank you for your military service with the US Navy Reserves.

REP. JANOWSKI (56TH): Seeing that there are no questions or comments, we have one final question we ask all of our nominees.

Is there anything in your background that can prove embarrassing to yourself, this Body, the Governor's office, or the members of the General Assembly?

DONALD FROST: No.

REP. JANOWSKI (56TH): Thank you very much, and again congratulations on your nomination.

The next nominee is J. Scott Gui1martin; I hope I said that correctly, of Suffield, to be a member of the Connecticut Airport Authority.

Please raise your right hand. Do you swear to tell the truth, the whole truth, and nothing but the truth?

J. SCOTT GUILMARTIN: I do. H117o 000717 8 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

REP. JANOWSKI (56TH): Thank you very much. Please be seated and provide us with a statement.

J. SCOTT GUILMARTIN: Good morning members of the Executive and Legislative Nominations Committee. Thank you for the opportunity to interview with you for the reappointment to the CAA Board of Directors. I live in Suffield, and I am intimately familiar with Bradley International Airport, its impact on the surrounding communities and their economies.

From 1988 to 1998, I was the managing partner of Bradley Air parking and VIP parking in Windsor Locks, CT. At the time, these companies were the largest providers of off-airport parking in the market. I also have owned off-air parking operations in Raleigh Durham, and Tulsa, Oklahoma. In addition to parking, I was co-owner of a company that provided airport transportation services at Bradley and in Raleigh Durham.

Since selling these assets, I have been active in developing recycling and renewable energy projects; most note-worthy is the $200 million Plainfield Renewable Energy Biomass project, which is presently operating in Plainfield, Connecticut. Currently my company is developing a district energy project in Bridgeport, as well as several other renewable energy projects in the region. As a result of my business background and experience, I understand the challenges in meeting the objectives of public and private enterprise.

I have served the State of Connecticut in a number of capacities over the past 20 plus years. I served for five years on the Board of Connecticut Innovations, followed by Board membership on the 000718 9 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

Connecticut Housing Finance Authority. On the local level, I was formally a board member and chairman of the East Granby Economic Development Commission and served for ten years on the Suffield Planning and Zoning Commission, four of which as chairman.

I currently serve on the CAA Finance Operations and Government Committee, and chair the Economic Development Subcommittee. Job growth at and as a result of the airport is in the area I am particularly focused on. I hope to continue to serve on this very important Board, with a more streamlined management structure in place. I am confident that Bradley as well as our other GA airports can better serve the state and provide greater economic benefits.

I am happy to answer any questions you might have.

REP. JANOWSKI (56TH): Thank you and congratulations on your new nomination.

J. SCOTT GUILMARTIN: Thank you.

REP. JANOWSKI (56TH): You've been serving since 2012?

J. SCOTT GUILMARTIN: Correct.

REP. JANOWSKI (56TH): And just have a couple of quick questions; one has to do with - since you have been on the Board for - since it looks like since the inception of the Board-

J. SCOTT GUILMARTIN: Yes. 000719 10 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

REP. JANOWSKI (56TH): Urn, what challenges did the Board face during the first term, and have those been - how have those been resolved? Any major challenges that you've - I know there were quite a few because it was a takeover basically.

J. SCOTT GUILMARTIN: Exactly.

REP. JANOWSKI (56TH): And you had a lot to do. But I know of the - one of the problems in the past had been the lengthy security - the time it would take to go through security, and those kinds of issues, and I've noticed in my own travels in the last couple of years, that has not been an issue. So, I don't know if that has to do with changes that this Board has made, or is that just a coincidence?

J. SCOTT GUILMARTIN: Well I'll take all the credit we can for the Airport Authority, and for our great staff.

But to answer your question, that is a federal agency that operates those security areas, so we do have certain limitations. But, that being said, we can encourage them to do certain things to try minimize delays, and to you know, increase staffing or open other lines when demand would require it. So, I know that our staff is very mindful of delays and staffing there, and do everything they can to minimize that.

REP. JANOWSKI (56TH) Someone has to do with currently I believe, the Board has been working to get direct nonstop flights to California, and international flights to I believe Ireland, if I'm not mistaken. 000720 11 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

J. SCOTT GUILMARTIN: Correct.

REP. JANOWSKI (56TH): Urn, are those still being given priority, how are the coming along, and my understanding is that the flights to Ireland for example, international flights, the expectation was that they would begin sometime in September of this year, but I'm not sure if that is still would be the case or not.

J. SCOTT GUILMARTIN: Ya, they are going to start in the fall, and just on that point, I think that what's really important that sometimes isn't really considered enough about that flight, is that the Bradley to Dublin flight then allows you to jump off virtually anywhere you want to go in Europe. And, I think that is very important. A lot of people are just thinking "Ireland"; well that is not the case. So, that will begin this fall and efforts are underway and we do have a flight now committed to for Los Angeles. I just wanted to get the date right, but we do have a direct flight now, which will begin in September to Los Angeles.

Also, you know getting to the west coast is much easier now because we have direct flights to Denver, and as a matter of fact I just took one of those flights to go to the west coast, and it just made the trip pretty painless. We have actually two flights now that will be going to Denver. So, there are a lot of good opportunities now to get west out of Bradley, and to you know, quickly.

REP. JANOWSKI (56TH): You mentioned direct flights to Denver. The only one that I knew that had direct nonstop flights to Denver was Southwest. Is there another airline now there too? 000721 12 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

J. SCOTT GUILMARTIN: Yes, there will be another one that will be starting a direct flight.

REP. JANOWSKI (56TH): Oh there will be?

J. SCOTT GUILMARTIN: Yes.

REP. JANOWSKI (56TH): That is wonderful.

J. SCOTT GUILMARTIN: Ya.

REP. JANOWSKI (56TH): I know that is an important hub is the Denver hub.

J. SCOTT GUILMARTIN: Ya.

REP. JANOWSKI (56TH): You also mentioned that the - the direct flight to Ireland is not just a question of having a whole bunch of people just travel to Ireland, that there is a hub there -

J. SCOTT GUILMARTIN: Correct-

REP. JANOWSKI (56TH): to go to other places. The one that I'm the most familiar with is the hub in Germany, urn, for example (indiscernible 19:45) flies directly to Germany, and then from German you catch a connector to other parts of Europe.

J. SCOTT GUILMARTIN: Right.

REP. JANOWSKI (56TH): Urn, would that be similar with a flight to Ireland -

J. SCOTT GUILMARTIN: Yes- 000722 13 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

REP. JANOWSKI (56TH): that they would be able to go to let's say Italy and France, and -

J. SCOTT GUILMARTIN: Yes.

REP. JANOWSKI (56TH): and those parts of Europe. J. SCOTT GUILMARTIN: Mm-hmm.

REP. JANOWSKI (56TH): That would be wonderful.

J. SCOTT GUILMARTIN: Ya that would be the same principle.

REP. JANOWSKI (56TH): Okay. Thank you.

Other questions from Committee members? Senator Kane.

SENATOR KANE (32ND): Thank you Madam Chair. Good morning.

J. SCOTT GUILMARTIN: Good morning.

SENATOR KANE (32ND) : You know I teased you outside about Oxford airport, uh, but in reality in looking at your testimony here today, you are primarily focused on Bradley, and one of the fu - one of the frustrations I have in this building, urn, a lot of people talk about UConn as our flagship, and they are. But as a Central Connecticut grad, I will tell you that there are many other ships in that fleet, and we need to look at the rest of the state's school system in regard to UConn, and I would argue the same here.

I represent Oxford as I already stated to you, and we have a growing airport there, and Kevin Dolan 000723 14 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

certainly was extremely helpful with me in creating the airport development zone we have there. I think we have four companies already that have set up shop if you will, and more applications on the horizon, and so I wanted more of a statement than a question, but certainly I hope that the authority and your focus will not only be on Bradley, but on the remaining airports that we have in Connecticut, and my favorite of course, Oxford.

J. SCOTT GUILMARTIN: Just to that point, I - I'm interested in any jobs, any economic development we can create anywhere in the state, and urn, I am personally encouraged at the growth of Oxford. You know, we want to make all of these airports self­ sustaining. Oxford is - if it's not completely there it is awfully close right now and the trajectory is very positive, so I'm with you 100% Senator.

REP. JANOWSKI (56TH): Senator Fasano.

SENATOR FASANO (34TH): Hi, good morning and congratulations. I just have a quick question. I've got three kids, all out of state, they all fly in to Bradley, but when you drive up to go pick up passengers, before you get to the terminal there is this section that has got to be 40 yards long, that you used to be able to stop and wait for cell phone service, you know for the person and then go; now there are cones to block it off. I don't understand why, even though it only holds maybe five or six cars, why we can't use that.

I understand there is a waiting parking lot, but it is up in the way back, which honestly I would never let my daughter wait for me in that parking lot at 000724 15 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE night, because I don't think it is particularly safe. It is lit, but it is not well lit. It is definitely unattended. I would never let my daughter wait there, and there are other alternatives, we just circle and circle and circle. So - at least that 40 yard stretch, there is no apparent threat to security. It is way off from the airport, why we don't open that up.

And number two as I said, that area where you can wait at night, I would never let my wife or my daughter wait there for me, because it is very isolated and I have been there where there have been cars with some sketchy characters that I didn't feel that comfortable being in that parking lot, and I just want to know - you've got the officers that even if it's not busy, they tell you to keep going around, keep going around. You know, at a lot of other airports that is not done, so I'm very curious if there is something else you guys have been thinking about.

J. SCOTT GUILMARTIN: Well, first and foremost let me say I know exactly that parking lot. Again, I live in Suffield. I actually own property that abuts the airport property.

SENATOR FASANO (34TH) : You want to clean that up for a waiting area (laughter) .

J. SCOTT GUILMARTIN: If it would help (laughter). Uh, but I know exactly what you mean, and I think one thing we clearly can do is look to see what we might be able to do to improve the lighting in that parking lot, and Kevin Dolan who is with us here today offering moral support, we will talk about that and see what we can do as far as that. We can 000725 16 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

also encourage the state police to - as they are doing their patrols, to make sure that they are going through that lot more often.

As far as the area and I'm pretty certain I know the area you are talking about, because I've tried to use that occasionally as well. You know, that is, you know certain security aspects now, the world we live in, that we - the police have control over. You know I - I - I can't offer a real clear answer to you about that, but certainly we can circle back with them. I've got a feeling there is not much I'm going to be able to do help you with that Senator, but I think clearly we can do more so that waiting parking lot is more of an asset.

SENATOR FASANO (34TH) Thank you.

J. SCOTT GUILMARTIN: You're welcome.

REP. JANOWSKI (56TH): Representative Vargas.

REP. VARGAS (6TH): Yes, the greater Hartford area has probably the third largest concentration of West Indians and large, large Jamaican community. Is there any consideration of direct flights to Jamaica?

J. SCOTT GUILMARTIN: I know that there has been conversation. Urn, you know often times it - it - for that reason. Urn, sometimes those conversations bear fruit real quickly, sometimes they take a little time. But there has been and continues to be an effort to try to make that happen, and it is something that we as a Board would very much love to see happen. 000726 17 March 29, 2016 me EXECUTIVE AND NOMINATIONS 11:00 A.M. COMMITTEE

REP. JANOWSKI: Other questions or comments from Committee members?

Seeing none, we have one final question we ask all of our nominees. Is there anything in your background that can be embarrassing to yourself, this Body, the Governor's office, or the members of the General Assembly?

J. SCOTT GUILMARTIN: No there is not.

REP. JANOWSKI: Thank you very much, and again thank you for serving and on your nomination as well.

J. SCOTT GUILMARTIN: Thank you very much.

REP. JANOWSKI: Thank you. Are there any members of the public here to testify? Seeing none, I declare the public hearing closed, and we will convene in the Committee meeting in two minutes. 000727

Testimony before the Executive and Legislative Nominations Committee 11:00 March 29, 2016

My name is Donald Frost. I have been a resident of Connecticut and the Town of Fairfield since 1977. I would like to thank Speaker of the House J.Brendan Sharkey for nominating me to be a member of the Board of the newly formed Connecticut Ports Authority.

I graduated from the State University of New York Maritime College with a Bachelor of Science degree in Marine Transportation, shipped out as a Coast Guard licensed merchant marine officer aboard US ships engaged in international trade, served in the US Naval Reserve as an officer in Military Sealift Command and earned an MBA majoring in International Business/Marketing from the Baruch School of Business at City University of New York My entire professional life has been spent in various roles in the maritime industry and, as you can see, I have a rather long resume. Therefore I thought it would be helpful to point out some areas that I believe would be particularly pertinent and likely useful to the Ports Authority board:

• Having worked for both cargo owners and ship owners, I have a good idea what customers of our ports are looking for in a port.

• In my consulting career I was involved in port development on five continents. Most of these engagements involved vetting business plans that would be financed by the World Bank and other banks who were my clients. I also consulted to the Port Authority of New York and New Jersey on its strategic plan for 2040.

• As a founding member of the Connecticut Maritime Association (CMA), I learned how to work as a productive member of a board. Elected 4 times as President, I helped CMA grow from a group of 38 to a dues paying membership of over 1,500 maritime professionals worldwide. Via our website we reach another 4,000+ virtual members. Our annual conference,· which just ended last week, drew approximately 2,500 people to Stamford to discuss the current state and the future of the maritime industry worldwide. We estimate it added at least $2.5 million in revenue to the Stamford area economy.

• For more than 15 years I have represented the CMA on the board of the National Association of Maritime Organizations. NAMO includes representatives from ports on the West, Gulf, and East Coasts and the Great Lakes. As a CT PA Director I will be able to draw on the.experience of my NAMO colleagues- not only their best practices but also what they did wrong so that the Connecticut Ports Authority can avoid the same mistakes. NAMO also works very closely with Federal agencies in Washington and leaders of USCG, US DOT /MARAD, NOAA, Army Corps of Engineers and US Customs and 000728

Border Protection (successor to US Customs and the Immigration and Naturalization Service) brief us at our semi-annual meetings.

To summarize, there are two areas where I believe I can add value to the Ports Authority board: First. my knowledge of, and experience in water-borne COMMERCE beyond just the ships and ports, for I believe this is what can bring both industries and jobs to Connecticut. Second. the broad network of maritime professionals worldwide that I have developed during the course of my career from which I can draw information and ideas.

I'd be happy to answer any questions you may have or to clarify any of my activities. 000729

\tJ \7 0 Statement of}. Scott Guilmartin For Appointment to the Connecticut Airport Authority Before the Executive & Legislative Nominations Committee March 29, 2016

Good morning members of the Executive and Legislative Nominations Committee. Thank you for the opportunity to interview with you for reappointment to the CAA Board of Directors.

I live in Suffield and am intimately familiar with Bradley International Airport, its impact on the surrounding communities and their economies. From 1988 through 1998 I was the managing partner of Bradley Air Parking and VIP Parking in Windsor Locks, CT. At the time, these companies were the largest providers of off­ airport parking in the market. I also owned off airport parking operations in Raleigh Durham and Tulsa, Oklahoma. In addition to parking I was co-owner of a company that provided airport transportation services at Bradley and in Raleigh Durham.

Since selling these assets I have been active in developing recycling and renewable energy projects. Most noteworthy is the $200,000,000 Plainfield Renewable Energy Biomass project, which is presently operating in Plainfield, CT. Currently my company is developing a district energy project in Bridgeport as well as several other renewable energy projects in the region As a result of my business background and experience, I understand the challenges in meeting the objectives of public and private enterprise.

I have served the State of Connecticut in a number of capacities over the past 20 plus years. I served for 5 years on the Board of Connecticut Innovations followed by Board membership on the Connecticut Housing Finance Authority. On a local level I was formerly a board member and Chairman of the East Granby Economic Development Commission and served for 10 years on the Suffield Planning & Zoning Commission; four as Chairman.

I currently serve on the CAA Finance, Operations and Governance Committee and chair the Economic Development Subcommittee. Job growth at and as a result of the airport is an area I am particularly focused on.

I hope to continue to serve on this very important Board. With a more streamlined management structure in place I am confident that Bradley as well as our GA Airports can better serve the state and provide greater economic benefits. 000731

·,

.' ·~ ' \

State of Connecticut CONNECTICUT GENERAL ASSEMBLY STATE CAPITOL HARTFORD, CONNECTICUT 06106-1591

Executive and Legislative Nominations Committee Public Testimony

Tuesday, March 29, 2016

Dear Co-Chairs Senator Duff, Representative Janowski; Vice Chairs Senator Looney, Representative Vargas; Ranking Members Senator Kane, Representative Buck-Taylor; and esteemed members of the Committee:

We write in full support ofDon Frost's nomination of appointment to the Connecticut Port Authority. We are confident that Mr. Frost possesses skills and abilities will be a great strength and a benefit to serve the Connecticut Port Authority Board of Directors.

Don has worked with numerous port and boat owners in the area; he has built an extensive network with marine professionals and would be a useful resource to the maritime community as well as an asset to the newly formed Port Authority as a board member.

Sincerely,

Brenda Kupchick Laura Devlin Tony Hwang State Representative State Representative State Senator 13 2nd District 134th District 28th District 000732

THE Co~~ECTICTT GE~ERAL AssE:.\IBLY

s.. •11nror Bob Drcf! Rl'pl'<'lelliarrw' Claire Jmro11 1k1 Co-Ciwh· Co-Chair T·' .,,,,._fifrlr Disn'icr F(fr,· s;~·l!r Disrncr

Executive and Legislative Nominations Committee

PUBLIC HEARING AGENDA

1 Thursday, April14 h, 2016

11:00 AM in Room 1A of the LOB

I. COMMITTEE RESOLUTIONS FOR REVIEW

House Resolution

Joseph J. Kaliko from Greenwich, to be a member of the Connecticut Medical Examining Board 000733

2016 Executive and Legislative Nominations Committee

t(( /f L( Attendance Committee Leadership: ~ Rep. Janowski, Claire (Co-Chair)

Sen. Duff, Bob (Co-Chair)

Sen. Looney, Martin (Vice Chair)

J Rep. Vargas, Edwin (Vice Chair)

Rep. Buck-Taylor, Cecilia (Ranking Member)

-/ Sen. Kane, Robert (Ranking Member)

_Committee Members:

P.ep. Albis, James

.J. Rep. Berger, Jeffrey

~ Rep. Camillo, Fred

Sen. Crisco, Joseph

Rep. Dargan, Stephen

Sen. Doyle, Paul

I Sen. Fasano, Leonard

Rep. Giegler, Janice

:Rep. Godfrey, Bob

J Sen. Guglielmo, Anthony

Sen. Hartley, Joan

Rep. Perillo, Jason 000734 1 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

CHAIRPERSON: Senator Duff Representative Janowski

SENATORS: Kane, Fasano, Guglielmo

REPRESENTATIVES: Vargas, Berger, Camillo

REP. JANOWSKI (56TH): We're going to begin. I'd like to convene the public hearing of the Executive and Legislatives Nominations Committee. I am Representative Janowski, Co-Chair of the Committee with Senator Duff and we have one item on the agenda, one item. One person - and you're not an item. Well, you could be, I don't know. One candidate on the agenda for today and Ethan, do we have to do the regular - okay, we're going to differ that, there's only a few people here.

Other members of the Committee will be coming in and out and we will be holding the committee meeting at the end of the public hearing.

And with that I'd like to call Joseph - I hope I say this right, Kaliko, from Greenwich to be a member of the Connecticut Medical Examining Board. Would you please raise your right hand? Do you swear to tell the truth and nothing but the truth? H~9 JOSEPH KALIKO: Yes. Well, good morning, Representative Janowski and Representative Camillo. And the other members, I take it, will hear the testimony (inaudible). My name is Joe Kaliko and I appear before you today as Governor Malloy''s nominee 000735 2 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

for a position on the Medical Examining Board as a public member.

And if I may, with the committee's indulgence, I - I'd like to divert from just reading my testimony and perhaps give you a little insight as to why I'm so excited about the possibility of serving on this board.

There are really three things that struck me when I learned about the position from the Governor's office. Number one, it turned out that the Chairperson of this board is someone who I knew. I didn't realize she was serving on this board, it's Kathryn Emmett, who is a former state superior court judge and she's been chair of this board for some time.

I actually worked with Kathy about 15 years ago. I had a family member who needed help in a wrongful discharge case and I was managing a bunch of lawyers in New York City at Kelly, Drye & Warren and they could not take the case because they're defendants' lawyers and my mother-in-law was going to be a plaintiff.

And they recommended we go check out Kathy Emmett which we did. She works in Stamford, I lived in Stamford at the time, and we hired her. And we worked with her for two to three years, if I recall. She was tough; she is brilliant and I have to say I learned a lot working with her.

We did not always agree, we're both lawyers and that gave rise to many interesting discussions, but we were pulling the boat in the same direction and we 000736 3 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING were trying to row towards a victory for my brother­ in-law and she was successful. She was a great general on that battlefield and I had the opportunity a few years later when we moved to Greenwich to work with her on two other wrongful discharge cases where there were friends of mine who were plaintiffs and she had agreed to take their cases.

So it was a great experience and I haven't seen her in - in at least ten years and I just again realized she was on the board and that made me really fired up to have a chance to work with her again.

Secondly, I thought that I could bring to bear my background and - and training in the legal profession. I've been a lawyer for almost 40 years and I've been trained to - to deduce the facts, follow the evidence and have those facts and evidence support conclusions.

And I thought that with a board so packed with doctors - I think there are two-thirds of the board are doctors - it wouldn't hurt having some legal expertise in addition to Kathy's on board.

And secondly, it turned out I had worked with the DPH over the last few years. Former commissioner Jule Mullin (phonetic) and I and some of the staff over there - I think the lady's name was Marion Horne, an attorney - I don't know if she's still there but there was some concern I had about the stem cell program and $10,000,000 a year the state was investing in that and there were no returns to be shown for that. 000737 4 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

And so I tried to improve the model that they used for contracting out or making grants and that led me to actually come to work at the board at the Connecticut Innovations.

But again, during this recent past, I had the experience of working with some of the DPH staff and thought that would be helpful on this Medical Examining Board.

And finally, the type of things I've been privileged to work on with serving on the Lottery Board and Connecticut Innovations and the Connecticut Bioscience Investment Fund - those things were more oriented towards creating jobs and financial returns for the - for the state and it seems like the - the Medical Examining Board would give me the opportunity to more directly have an impact on helping consumers of medical services.

And since we - virtually all of us are consumers of medical services, it really gave me the opportunity - or will give me the opportunity, I hope, to focus on being an advocate for and helping the consumer of medical services.

So that's really my statement. You have my written testimony and I'd like to conclude by saying I am honored by an appreciative of Governor Malloy for his continued support and for my being appointed to this position as a member of the Medical Examining Board. I'll be happy to serve and look forward to a positive and open working relationship with members of the General Assembly. 000738 5 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

Thank you for this opportunity to speak to you today and I'll be happy to answer any questions you may have at this time.

REP. JANOWSKI (56TH): Thank you very much and congratulations on your nomination. This is a volunteer position.

JOSEPH KALIKO: Yes.

REP. JANOWSKI (56TH) And you are being appointed as a public member.

JOSEPH KALIKO: Yes.

REP. JANOWSKI (56TH): And as a new member as well. And the fact that you have a great deal of experience in the legal field as well as - is your expertise in patents or do you do other legal stuff?

JOSEPH KALIKO: Well - the - most of my career was focused on intellectual property loss so it was patents, trademarks, copyrights - that sort of thing.

But through my - throughout my career, the first half was essentially corporate and the second half I had a private practice.

In the corporate practice, I did a lot of work in the general practice of law such as mergers and acquisitions. I worked for a large Fortune 500 company called Schlumberger - Schlumberger Limited in New York and Paris. I actually worked in New York and Paris and it gave me the opportunity to hire and manage many lawyers, both inside the 000739 6 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

corporation and outside at major law firms around the world.

So I was used to managing litigations and very accustomed to trying to understand the facts and have those facts support conclusions.

REP. JANOWSKI (56TH): And you're no longer serving in Connecticut Innovations?

JOSEPH KALIKO: Oh, I - I was asked - when I went through the process of preparing my paperwork here, I gave a contingency - subject to approval of this committee - a resignation to Connecticut Innovations.

However, I still am serving on Connecticut Bioscience Investment Fund which is somewhat interesting that the Governor appointed me to Connecticut Innovations and the Minority Leader, Kenny, appointed me to CBIF and so did Cassano, Senator Cassano reappointed me to CBIF.

REP. JANOWSKI (56TH): I don't think there's any conflict though, I was just curious as to whether you were - so you will be resigning from that once you're formally approved here.

JOSEPH KALIKO: Yeah, I've been serving -

REP. JANOWSKI (56TH): From Connecticut Innovations.

JOSEPH KALIKO: I've been serving on CI for three­ and-a-half years and so they need some fresh blood and fresh ideas. 000740 7 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

REP. JANOWSKI (56TH): And I note here that you mentioned that you were involved in the legislation that was established to enhance legal protections from volunteer first responders throughout the state of Connecticut.

Is that when an issue came up to restrict paid volunteer firefighters from volunteering as volunteer firefighters in other towns?

JOSEPH KALIKO: No, that - that -

REP. JANOWSKI (56TH): Which one is that one?

JOSEPH KALIKO: That was not that one. The concern I had and Representative Camillo actually was my champion in the legislature along with Senator Frantz. Both - well, all three of us being from Greenwich - the concern was that volunteer firefighters, volunteer fire, policemen and ambulance workers and even search and rescue teams, all volunteers - were treated differently than paid firefighters and police and other first responders when it came to liability and indemnity.

And so we strengthened - well, General Assembly strengthened protections for these volunteers and the Governor signed it in July of 2011.

REP. JANOWSKI (56TH): So he's trying to restrict paid volunteers - paid firefighters from volunteering in other municipalities as volunteer -

JOSEPH KALIKO: I wasn't involved. 000741 8 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

REP. JANOWSKI (56TH): No, no, I think we fixed that. But I think part of it had to do with the liability issue. I think part of it had to do with the liability issue because if they were paid volunteers, how do you determine, you know, that kind of thing? And- but I think it's been straightened out.

And for me, for my municipality, we have a volunteer fire department. And we had volunteers from Hartford who were paid firefighters who lived in Vernon and also volunteered in Vernon.

And so it became sort of a - that would have been a problem for my town but it's been resolved, so- so I'm happy with that.

And you answered the other question that I - I would have asked, just to why you wanted to get on this board. Your credentials are impeccable and it is a volunteer position and you are being appointed as a public member so your background needs to be a little bit more variable than - than everybody else's.

And I just have one - you mentioned the Department of Public Health that you have some familiarity with the Department of Public Health and I just wanted to ask you how you see or how you view the relationship between this board that you're going to be appointed to and the Department of Public Health.

Do you see as a coordinated kind of thing or more of a watchdog thing? How do - how do you see it? 000742 9 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

JOSEPH KALIKO: Well, from what I - I've read and I've looked into a few of the proceedings online and tried to get a little feel for it and it appears that there's a dependent relationship. The board will hear from a representative of the DPH in terms of the conclusions they've reached and for example, a recommendation to approve a certain consent order or something to that effect.

And so they one, do rely on each other, that's for sure. But as far as - I've never attended a board meeting, I haven't had that opportunity so I can't really opine on, you know, how the two units work together, whether there's any tension or not.

But they seem to - that is the board. They - they - the board really needs the input from the investigation conducted by the DPH.

REP. JANOWSKI (56TH): Again, congratulations on your nomination.

JOSEPH KALIKO: Thank you.

REP. JANOWSKI (56TH): Are there questions or comments from committee members? Representative Camillo.

REP. CAMILLO (151ST): Thank you, Madam Chair. Joe, congratulations to you.

JOSEPH KALIKO: Thank you.

REP. CAMILLO (151ST): And thank you for your service to our state. I know you probably - you couldn't fit everything in on your resume there. I 000743 10 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

was going to say you've done everything but run for office but then I remembered you had actually served on our local RTM in Greenwich which is the second largest legislative body in the country.

And what Joe has done in Greenwich and many, many different levels for many organizations including the Cos Cob Fire Police where he's still a board member, he was the president and worked to make the Fire Police Patrol in Cos Cob one of the best in the country. Not in the state but one of the best recognized in the country.

And he had started something called Meade's Clearinghouse which is an organization which originally the intent was to match people and organizations in need with those who have the wherewithal to provide for those needs.

And he's expanded that, he- I could talk the next hour-and-a-half on, you know, getting examples of getting a blind girl an operation to see, finding homeless people apartments, getting them jobs, training- it goes on and on and he's just a treasure and he's come up here and served on the Lottery Commission, CI, CBIF as he mentioned.

And he's known for one special thing that he did as a ranking member on commerce, very familiar with a lot of these deals that the state has entered into and now we are all pushing for something called the Kaliko Clause inserted into every state - every deal the state does.

And an example of that is Jackson Labs which we did in, I believe, in 2011. And that's an example where 000744 11 April 14, 2016 cw 11:00 A.M. EXECUTIVE AND LEGISLATIVE NOMINATIONS PUBLIC HEARING

if they hit- after $10,000,000 of revenue, the state becomes a partner, 50/50. Before that, we weren't doing that and Joe was kind enough to bring up the example of (inaudible) in New York State where they had received public monies and hit a home run and they kicked back $3,000,000,000 to the state of New York. Something that Connecticut could use now.

So we're really - because of Joe's guidance and foresight, we're really pushing forward in the state. So he's been a treasure, he'll be great here and we thank him for his service.

JOSEPH KALIKO: Thank you.

REP. JANOWSKI (56TH): Thank you, other questions from committee members or comments? Seeing none, we have one final question we ask all our nominees and that is - is there anything in your background that can prove embarrassing to yourself, this body, the Governor's office or the members of the General Assembly?

JOSEPH KALIKO: No.

REP. JANOWSKI (56TH): Thank you very much and again, congratulations on your nomination.

JOSEPH KALIKO: Thank you very much.

REP. JANOWSKI (56TH): Are there any members of the public here to testify? Seeing none, I declare the public hearing closed and we will convene the committee meeting in two minutes. 000745

Testimony of Joseph J. Kaliko before the Executive and Legislative Nommatwns Committee April14, 2016

Good morning Senator Duff, Representative Janowski, Senator Kane, and Representative Buck-Taylor and members of the Executive and Legislative Nominations Committee.

My name is Joe Kaliko, and I appear before you today as Governor Malloy's nominee for a position on the Medical Examining Board as a public member.

I am married, live in Greenwich and practiced intellectual property law before I retired in 2003.

I appeared before this committee in 2011 having been nominated by the Governor to serve on the Board of the Connecticut Lottery Corporation. In 2013, I was appointed to the Board of Connecticut Innovations and also was appointed to join the Connecticut BioScience Innovation Fund (CBIF) Advisory Committee.

I am proud to say that my appointments to these positions have come from both sides of the aisle!

I am also an inventor. I obtained patents relating to Internet Gaming and more recently filed patent applications relating to highway toll systems and new "draw type" lottery games.

I testified before the Joint Committee on Planning and Development in 2011 regarding proposed legislation to provide volunteer first responders with enhanced municipal indemnity and defense protections. Working closely with Representative Fred Camillo and Senator Scott Frantz, the legislation became Public Act 11-243, signed into law by Governor Malloy in July of 2011.

Also in 2011, I co-authored a report to Secretary Barnes and to the Governor on the state of the state's intellectual property portfolio, presenting ideas for expanding and monetizing the state's IP.

Further in 2011, I prepared a report at the request of the Governor regarding the challenges in implementing Keno in Connecticut, along with recommendations for pursuing Keno. 000746

I hope to bring to the Medical Examining Board the experience I gained from over 20 years of practicing law basing legal conclusions on evidence and applying that training to cases coming before the board.

I would deem it a privilege and as a primary goal, to help protect Connecticut's consumers of medical services; keeping in mind practitioners coming before the board are entitled to a full and fair hearing.

I would like to conclude by saying I am honored by, and appreciative of, Governor Malloy for his support, and for my appointment to this position as a member of the Medical Examining Board.

I will be happy to serve and I look forward to a positive and open working relationship with the members of the General Assembly. Thank you for this opportunity to speak to you today. I will be happy to answer any questions at this time.