Concerns Raised About Bartlett A Decade Ago, But No Charges

FAIRFIELD, CT — Fairfield's former superintendent of public works faces a long list of charges in connection with an investigation of chemical contamination at the town public works yard between 2013 and 2016. But legal documents show that concerns were raised about Scott Bartlett's performance as early as 2003.

Bartlett was arrested in August and is charged with forgery, larceny, taking kickbacks, illegal dumping, illegal discharge and handling waste without a permit amid an investigation of the operation of the public works yard by contractor Julian Development. Bartlett was placed on leave from his town job before his arrest and has since been fired.

The affidavit for Bartlett's arrest refers to a document written by two town employees alleging that Bartlett violated the town bidding process and misused proceeds from scrap metal sales from 2003 to 2008. But an investigation of the allegations nearly a decade ago ended without charges against him.

'They couldn't substantiate the allegations'

In 2018, a department supervisor told Fairfield police that in 2009 he and another employee had complained to the Connecticut Division of Criminal Justice that Bartlett was steering bids to certain contractors and using town funds to pay them for work that was not completed, according to the affidavit. The supervisor also said in the affidavit that Bartlett received benefits from favored contractors.

The supervisor also said Bartlett stole money from the scrap metal fund and asked two subordinates to lie to a state inspector about it, the affidavit said.

"I do remember the investigator calling and telling us they were doing a review of scrap metal," former Fairfield First Selectmen Ken Flatto said this week when asked about the 2009 state investigation.

The town human resources department interviewed employees at the time of the 2009 investigation to see whether the allegations were justified, but nothing came from the interviews, Flatto said. He added that he was notified when the state investigation ended, but that was the extent of his involvement.

"My impression was that [the state] believed that there was a disgruntled employee who made the allegations and they felt it was more a ... personality dispute, that they couldn't substantiate the allegations at the time," he said.

In a 2010 Connecticut Post article, Flatto said he had asked the town's internal auditor to review the use of the scrap metal funds. The article discussed the state investigation, saying the scrap metal fund included proceeds from recycling small amounts of scrap brought in by employees to be spent on department celebrations. Money from the recycling sales was given to Bartlett to put in the fund, according to the Post, and when the state investigator first spoke with him, he offered to give the investigator the cash associated with it.

The town audit found no evidence that money was misused, the Post said, although it had not been deposited into a bank account, leading the finance department to ask public works to change the handling of the funds. The fund took in about $40,000 in the years leading up to 2010, but its annual balance was roughly $8,000, the Post reported.

Bartlett's attorney, Fred Paoletti, denied the allegations of improper bidding and misuse of scrap metal funds.

"Nothing came of that investigation, so I would submit there's nothing," he said.

Settlement reached, complaint withdrawn

Allegations similar to those in the 2019 affidavit appear in a 2012 complaint brought by Kevin Fox, a public works supervisor, against the department. The complaint said Bartlett showed favoritism to contractor Green Giant Lawn Care, assigning the company work that had previously been performed by department employees.

In 2009, Fox notified a state inspector about "corruption, mismanagement, abuse of authority, and gross waste of funds," according to the 2012 complaint, which was obtained by Patch.

The complaint said Bartlett had installed a GPS tracker on Fox's vehicle for more than two years, hired a private investigator to observe him, and implied in an email copied to human resources that Fox was stealing materials.

In 2011, Fox's union filed a grievance against Bartlett alleging unfair disciplinary practices. In 2012, Fox was suspended without pay for time theft, according to his complaint.

"The Plaintiff, an otherwise good employee of 28 years, has been subjected to verbal and written warning as well as suspension, inquiries and investigations following his legally protected right to report a violation of the law," the complaint said.

Under a settlement between the town, the union and Fox, he agreed to withdraw his complaint and refrain from taking legal action against the town, according to settlement documents obtained by Patch. Fox's 15-week suspension was reduced by 26.5 days and he was reimbursed $9,500. Fox did not return a call seeking comment.

"You have a disgruntled employee and there was no merit to the claim," Paoletti said, adding that Bartlett did not retaliate against Fox.

First Selectman Mike Tetreau is named as the executor of the 2013 settlement.

When asked earlier this week about the affidavit and settlement, Tetreau referred questions to various department heads and Fairfield police. The police department deferred to the state's attorney. A state spokesman did not respond to requests for comment.

The Julian case

Fairfield hired Julian Development to run its public works yard and reduce the size of a pile of unused project material by 40,000 cubic yards. But over the next three years, the pile more than doubled in size, and days before the agreement was set to end, PCBs and lead were discovered on the property.

After conservation officials said the transportation and dumping of contaminated material could have violated state or federal law, police opened an investigation in 2017.

Also charged in the case are Director of Public Works Joe Michelangelo and Jason Julian, owner of Julian Companies. Michelangelo remains on leave from his job at the town.

In addition to the criminal case, Fairfield has sued Julian for millions in damages and Julian has sued the town for defamation.

Contaminants have been found at 10 of 20 priority testing sites that received material from the public works yard between 2013 and 2016, when Julian was operating the facility. Additional locations will be identified for testing as the town continues to review its records.