Town's Terminated Zoning Enforcement Officer Plans To Fight Back; "Pursue Legal Remedies"

The lawyer for Marilyn Ozols, who was fired Wednesday afternoon after two lengthy public hearings, says Ozols was fired because she would not bend the town's zoning rules and regulations, and because she voted in favor of a union in early February, against the wishes of the town's First Selectman.

The first public hearing was June 9 () and the second one was Wednesday afternoon (.

Heena Kapadia, Ozols lawyer, said Ozols will pursue legal remedies following the termination proceedings Wednesday, where the Board of Selectmen voted to fire Ozols.

"This termination occurred as part and parcel of a campaign of retaliation directed to Ms. Ozols because she followed the zoning rules and regulations and the directives of the Planning and Zoning Commission, refused to bend the rules and regulations in reviewing Town applications, and brought her concerns about pressure from Town officials to do so to the Planning and Zoning Commission," said Heena Kapadia, Ozols lawyer. "The retaliation escalated when Ms. Ozols voted in favor of a union against the directives of the First Selectman.

Request for independent and neutral investigator ignored

"The Chair of the Planning and Zoning Commission, Christine Poutot, attempted to intervene as the retaliation escalated, but she was, unfortunately, shut out of the process," Kapadia said. "The Town has yet to investigate Ms. Ozols’ complaints and concerns about the retaliation or respond to her request that the Town appoint an independent and neutral investigator / mediator to properly investigate the situation.  What the Town of Madison has done to Ms. Ozols is illegal.  Ms. Ozols will now have no choice but to pursue all of her legal remedies."

First Selectman Fillmore McPherson said Wednesday that "the Board of Selectmen has no desire to intrude in zoning-related matters. This is definately not the case. I can speak for all of the selectmen in saying we support the Planning and Zoning Commission in their activities. This was not about Marilyn's zoning activities."

Michael J. Ott, the town's director of public works and town engineer, who has been Ozols supervisor for about six months, recommended that she be suspended and terminated June 2, citing his concerns about her "job performance and pattern of uncooperative behavior."

"Dissatisfaction and continued frustrations"

Ott, in the memo to Ozols, said he discussed his "dissatisfaction and continuted frustrations with your communications and interactions with me as your immediate supervisor and with others, and our judgement and actions regarding matters concering the Planning and Zoning Office of the Land Use Department" in an executive session with the Board of Selectmen May 23. A written warning was issued April 4, followed by a disciplinary memorandum and three-day suspension April 20.

In the memo, Ott took issue with Ozols decision to no longer provide the Conservation Commission with copies of land use applications. During the hearing Wednesday, Ozols noted that it was her idea to provide those hard copies intially, and that she recommended discontinuing that practice only after the Planning and Zoning staff was cut. Ott said that Ozols could have used staff in the building department or Inland Wetlands office instead.

Ott also cited an unnamed resident who said he contacted Ozols several times over a period of several months and was told that another department should handle the matter. Ott said he asked Ozols about this matter and told her he planned to get back to the unnamed town resident, but that he did not get a timely and clear answer from Ozols on the matter.

"Failure to perform duties"

A memo to Ozols from First Selectman Fillmore McPherson on June 2 said she was being considered for termination due to poor performance, a pattern of uncooperative behavior, poor judgement in the performance of duties, failure to communicate, a generally uncooperative and resistant attitude, a "failure to perform your job duties in a courteous and helpful mannter to the public and/or other town employees and departments."

Other documents provided as evidence against Ozols include references to her handling of a matter relating to the town garage, where she asked that new plans be submitted and that further review be made of the project by the Advisory Committee on Community Appearance. McPherson said Ozols "acted above and beyond the scope of your current job description in making a decision that would have widespread, costly consequences for any applicant put in such a position ... "

Ozols also was "chastised" for asking the Madison Little League to provide an "as built" drawing for a dugout planned at the field on Scotland Avenue, and for her handling of an issue relating to a complaint about parking at the town's bus depot.

Town employees, one town resident express concerns as well

McPherson and Ott said that their concerns about Ozols being difficult and uncooperative are shared by other town employees and town residents. Two town employees testified against Ozols at the first hearing on June 9.

On Wednesday, Stewart MacMillan, the town's former public works director, who still does contract work for the town, said that past administrations have had problems with Ozols as well. "I did not and could not interfere with zoning decisions she made, those were Marilyn's decisions," MacMillan said. "But we were concerned with certain attitudes she had and responses she gave to people. We received a lot of complaints. With Marilyn, Marilyn was never wrong."

MacMillan said he worked for the town for 35 years. "For 25 years, people doing business with the land use agencies said it was a pleasure to do business in Madison, developers, builders, they all said that. The last 10 years [since Ozols was hired] it's not so nice here anymore."

"Stop the madness! Fire Marilyn ... "

In addition, Victor Anatra, who is suing the town over a decision made by the Zoning Board of Appeals, relating to a deck on the rear of his property at 71 Oak Avenue, provided a letter about his concerns about Ozols and the town's Zoning Board of Appeals. "Dealing with Marilyn and the ZBA is a nightmare ... Please stop the madness! Fire Marilyn and hire someone who has some common sense."

On the other hand, Ozols and her lawyers submitted letters of support for her from a long list of supporters. According to a document Ozols provided to the town, those supporters include land use attorney Mark Branse; Planning and Zoning Commission Chairman Christine Poutot; Planning and Zoning Commission members Francine Larson, Tim Millhiser, and Chris Traugh; former Planning and Zoning Commission members N. Payne, and G. Leonard; Joel Marcus, member of the ZBA and former chairman; Liz Ardolino, C. Lord, Pam McKinnon and Fred Murphy either currently or formerly associated with the town's Advisory Committee on Community Appearance; Conservation Commission member Joan O'Neill; architect Russell Campaigne; Realtor Clint Rodenberg; George and Jean Rapport; Barbara Davis; Elizabeth Booth; Woodie Weiss; Thomas Daly; and Tom Cronan.

"I have loved working for the town of Madison and I would like to continue"

"I'd like to request that you actually read them," Ozols said during the hearing Wednesday. "They attest to my professional job performance, my many accomplishments for the Town of Madison, and my value to the town ... I have loved working for the town of Madison and I would like to continue."

Planning and Zoning Commission member Tim Millhiser also spoke at the hearing Wednesday.

"I would like to emphasize the Zoning Enforcement Officer's job requires her to tell the public bad news that they cannot build something. By its very nature, such a position is going to generate many complaints," he said. "For 10 years as a developer, I had to work with many other ZEO's and zoning administrators .. in comparison I have found [Ozols] to be one of the most professioal and knowledgeable and pretty typical ... with all due respect ... I recommend that the Selectmen not terminate Marilyn Ozols and that you recommend to the Director of Public Works that he work with the Planning and Zoning Commission to address complaints regarding the Zoning Enforcement Officer." 

Ozols hired to help protect "the local appeal and character of the Madison that we all love"

Planning and Zoning Commission Chairman Christine Poutot also urged the selectmen to try to work things out. Poutot said Ozols was hired "because we wanted someone with a solid zoning background who would be able to help us develop tighter regulations and then strictly enforce them. The need to tighten regulations came largely from the town fathers at the time who, although they wanted to increase the tax base, did not want to lose the local appeal and character of the Madison that we all love."

Poutot said she was upset that Ott brought up the issues relating to the Little League scoreboard and parking of vehicles at the town bus depot, because they directly involved Poutot and they are zoning issues. "I had already explained my involvement .. and yet Mr. Ott brought up the issue again."

"Imagine my surprise when Ms. Ozols not only got reprimanded for following my direction, but also had the matter written up in a warning letter. Imagine my continued surprise when even after explaining this situation previously, Mr. Ott brought it up again at the June 9th hearing."

"I would like to summarize by saying that a good portion of Mr. Ott's facts are incorrect or inappropriate because he either doesn't understand the regulations as he claims ... or he doesn't understand the land office procedure and statutory deadlines ... In any case, Mr. Ott should be communicating his concerns/questions with the Commission who by state statute has sole authority on zoning matters."