SEPE: Fung Settlement of Antonucci Case "Violates State Law"

By Michael J. Sepe

In an editorial “Cloud over Cranston” which appeared in the Providence Journal July 30, 2015, the editorial board described Cranston Mayor Fung’s settlement deal of Capt. Steven Antonucci’s claim against the city of Cranston as “irreversible.“ Perhaps the board interviewed Fung who told them the settlement was irreversible. But any R.I. mayor of municipal chief executive knows, or should know that for many, many decades, claims against a city or town must be approved by the governing city or town council. Antonucci’s claim against the city of Cranston is clearly within the purview and provisions of this well-settled legal principle.

Since the Cranston City Council, or its Claims Committee, has not yet voted on Fungs’s settlement of Antonucci’s claims, how can Mayor Fung - also a licensed R. I. lawyer - believe that his behind the scenes (contrary to the advice of the Rhode Island State Police) efforts to settle Antonucci’s claims are irreversible? This “irreversible settlement” is nothing more than a proposal to settle subject to City Council approval.

If Fung’s lawyers entered into a mutual agreement with Antonucci’s lawyers to dismiss his Superior Court case in consideration of Fung’s settlement to continue to pay Antonucci for the next 10 months. While he remains off - the - job, the dismissal should be withdrawn ( and thus unenforceable). This would restore the case on the trial calendar for an eventual jury trial with evidence offered by the City’s and Antonucci’s lawyers through witnesses sworn under oath.

In light of the overwhelming cost of legal services incurred to date in this case, Cranston taxpayers deserved to know all the facts.

Michael J. Sepe is Chairman of the Democratic City Committee and has indicated that he plans on running for mayor of Cranston in 2016.

Editor’s note: this letter was edited only for spelling and typographical errors.