Firing Of 3 Town Employees For 'Triple-Dipping' During Pandemic Upheld

EAST HAVEN, CT — An arbitrator has upheld the town's June 2020 firing of three employees for triple-dipping during the early days of the pandemic, according to documents obtained by Patch.

Two years ago nearly to the day, Jamie Maturo, Zackery Barker, and Loribeth Rodriguez were placed on leave, and then a month later fired, after an investigation found they had filed for and received unemployment benefits, as well as extra pandemic-related weekly benefits, all while being paid by the town, the documents stated.

For four weeks, Maturo, Barker, and Rodriguez received hundreds of dollars a week in regular state unemployment, plus $600 a week in the federal Cares Act pandemic benefits, as well as collecting their usual salaries, a town investigation found. In total, Maturo and Rodriguez collected nearly $4,000 in unemployment they were not eligible for and Barker received nearly $3,000, the investigation determined.

Patch filed a Freedom of Information Act request for all documents related to the probe and the firings.

Maturo, Barker, and Rodriguez filed grievances after being fired in the hopes of having their jobs reinstated. But on Monday, all three of those appeals were denied, per documents requested under FIO.

East Haven Town Attorney Michael Luzzi declined to comment, except to say, "The decisions speak for themselves."

The trio were placed on leave May 8, 2020, after authorities indicated they discovered the triple-dipping scheme. On June 12, 2020, a marshal delivered termination letters to them. All three are members of the Local 1303-119 of the American Federation of State, County and Municipal Employees. Barker is the union's president.

Larry Dorman, spokesman for Council 4 AFSCME, told Patch at the time the three had been "wronged." Dorman contended that they "did not intentionally do anything inappropriate and did not commit unemployment fraud."

The arbitrator, Michael E. Ricci, disagreed in all three cases.

"The fact that the grievants kept the filing of UI while they were getting paid to themselves, belies their acknowledgment that their actions were dishonest; this is corroborated by the fact that no other bargaining unit member or any other town employees improperly filed for UI while getting paid," it is noted in the decision about the town's position in the cases. It also is noted that each "blatantly" continued to file unemployment claims despite knowing they were not eligible, documents show.

It was argued the three conspired: "There is one aspect of the conspiracy argument that is worthy of comment: the strikingly similar answers from all three Grievants at times, and the group amnesia at other times. The Arbitrators interest was piqued at the similar and non-committal testimony at times."

"The town reasons that their responsibility to the citizens of the town to have honest and trustworthy civil servants dictates that they terminate the grievance," he wrote.

The town argued that keeping Maturo, Barker and Rodriguez as employees would, in essence, "reward the dishonest conduct of a public servant" for improperly getting "public funds."

For the weeks the employees filed for unemployment, while they were employed and being paid by the town, Rodriguez got $3,772 in unemployment benefits, including the special pandemic-related Cares Act extra payment, and was paid by the $3,468 for the same period, according to documents.

Barker received $2,817 in unemployment benefits and was paid by the $4,670 for the same period, documents indicated.

Maturo received $3,808 in unemployment benefits and was paid by the $4,667 for the same period, according to documents. The union argued that the town's action against Maturo was "deplorable."

Union spokesperson Dorman told Patch Monday afternoon that the decision to uphold all three firings was discouraging.

"We are disappointed by the arbitrator's rulings in this case," he wrote in an email. "While we firmly maintain that the Town acted without just cause in terminating the three employees, we must respect the process and the outcome."

The 2020 investigation

The town's investigation found that Maturo, Barker and Rodriguez "knowingly and improperly" collected unemployment while getting paid and "provided dishonest responses" during interviews, according to the 28-page report on the probe conducted by the New Haven-based law firm Ryan & Ryan.

Barker was a clerk for the past two years. Maturo has been employed by the town for 15 years and has been reassigned a number of times. Rodriguez, who is a tax professional, according to her Facebook account, was an administrative assistant in the engineering department for the past three years.

On March 17, 2020, with Town Hall closed, all East Haven employees got an email that said they may be eligible to file for unemployment, according to the report. But the following day, on March 18, employees were told via email that, instead, the town had decided to keep all employees on their full regular pay through April 17. As the pandemic continued, the date was pushed to May 1.

Then, in early April 2020, Barker sent a group text to union members telling them to file for unemployment. But, just as with all other town employees, Barker got the email saying the town would pay staff through April 17, the investigation found, but he nonetheless filed for unemployment. In the group text, Barker encouraged others to do the same, according to the investigation report.

"Mr. Barker made a false statement on his application for unemployment benefits," the report reads. "He was also, due to his April 9 text message, the leader of a conspiracy followed by two others which remained hidden at his request."

Investigators said Barker did not "exhibit any remorse for his actions, and he never apologized."

In the report, Rodriguez was quoted as saying, "I thought Unemployment would come get me before the Town."

She filed for unemployment and received close to $4,000. She told investigators she canceled her claim May 4, but records show she did that May 8, the day she was placed on administrative leave.

"Ms. Rodriguez's cavalier attitude toward her improper collection of a Town paycheck and unemployment benefits was displayed on May 8; the day she was placed on Administrative Leave with pay," the report reads. "After she was notified by ... [Human Resources Director Michelle] Benivegna that she was being placed on leave, Ms. Rodriguez said: 'I guess I'll stay home and get paid.'"

Investigators found that she "participated in a conspiracy with Mr. Barker."

"Per his April 9 text message, she filed for unemployment benefits even though she knew she was being paid by the Town," the report reads. "In addition, she kept silent regarding her receipt of unemployment monies while being paid by the Town per Mr. Barker's April 9 text message."
Investigators said Rodriguez "... did not seize the opportunity to express remorse or apologize for her wrongdoing."

Maturo, like Barker and Rodriguez, filed for unemployment while being paid by the town, the report found. Investigators said that during an interview, she gave a number of statements that were "not credible." She told investigators that she completed and filed the unemployment application but "did not intend to file a claim for benefits," the report stated.

"For the same reasons as discussed with regard to Ms. Rodriguez's claim, Ms. Maturo's assertion in this regard is not believable," the report reads. "Specifically, the Department of Labor Unemployment website makes clear that, by submitting the form, the applicant is making a claim for benefits."

And she received the payments, according to the report. She told investigators she thought the debit card she received, which reads Connecticut Department of Labor, was a federal stimulus card and used it, the report said. When she had the opportunity to show remorse, Maturo said, "I apologize for not being smart," according to the report.

Three hearings were held with the employees and their union representative. A town official told Patch none brought a lawyer.

It was hearing officer Jeffrey Donofrio's recommendation to fire the employees. At the time, Donofrio served as North Haven's Town Attorney.

Maturo's investigation "interference"

When Patch filed the original FOI request, Maturo’s employment records and history were also sought.

Maturo's father is former longtime East Haven Mayor Joe Maturo.

Maturo interfered in the triple-dipping investigation, according to the report.

On May 26, 2020, while the probe was underway, Maturo approached Benivegna, the town's human resources director, and East Haven Mayor Joseph A. Carfora while they were having lunch at a public place, investigators wrote. Maturo "talked to them in an apparent attempt to influence this investigation," according to the report.

"Mr. Maturo asked Mayor Carfora to help out his daughter, Jamie Maturo, and to 'let her keep her job,'" the report says. "Mr. Maturo also shared intimate details of Ms. Maturo's personal life with Mr. Carfora in an apparent attempt to explain why she should be able to keep her job with the Town.

"Mr. Maturo's actions attempting to interfere with this investigation are particularly disturbing given the fact that it involves the improper use of State and Federal monies; specifically, unemployment benefits, which are paid by the Town."

As of March 2020, Jamie Maturo was earning an annual salary of nearly $52,000.

The issue of Maturo’s continued employment with the town led to an FOI request for documents related to her 15-year tenure with the town. Those documents revealed that she was moved from one job to another, and one department to another, for failing to perform her duties. And there were also repeated complaints about the hours she worked.

One supervisor sent her a letter copied to her father, who was mayor at the time, noting that she leaves the office "without obtaining permission" and that the practice needed to stop, or she would face disciplinary action or possible suspension. She continued to be employed.

Maturo’s special accommodations were examined when Carfora came into office in 2019. They met, and she signed an agreement that she would come to work on time. On Dec. 10, 2019, she agreed to comply with the duties required in her job description and would work a regular schedule, from 8 a.m. to 4 p.m.

In a March email, Maturo said that she was "grateful."

"I want to do what works for everyone and what would be best for public works and everyone here. I know it will all go smoothly from here on out. I will do my best. I want to say thank you for the opportunity to show that I can do it."

Two months later, the next correspondence was a letter stating she was being placed on leave pending an investigation, and a month later, one firing her.

Here are the full decision documents obtained by Patch via the Freedom of Information Act:

MATURO East Haven terminati... by Ellyn Santiago

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RODRIGUEZ East Haven termin... by Ellyn Santiago

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BARKER East Haven terminati... by Ellyn Santiago

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