CIRMA Workshop: Protecting Local Governments: The Fennell Doctrine & the Death of 'Implied Contracts; April 14, 2009

Workshop:

Protecting Local Governments: The Fennell Doctrine & the Death of "Implied Contracts"

April 14, 2009
Wethersfield, CT
9:30 AM – 11:30 AM, Registration 9:00

This seminar is open to CIRMA members only

SUMMARY

This CIRMA workshop discusses how municipalities can employ the Fennell Doctrine to defend themselves against contract claims that, in reality, were not made under the authority of the municipal laws of incorporation, and are thus invalid.

Management Series

Protecting Local Governments: The Fennell Doctrine & the Death of Implied Contracts workshop is part of CIRMA's Management Series. These workshops provide managers and supervisors the understanding and skills they need to develop a more effective risk management program. For more information about the workshops, please email CIRMA at cirmaworkshop@ccmct. org.

LEARNING OBJECTIVES

Fennell vs. The City of Hartford is one of a trio of recent cases that affirmed the rule that only the municipality's charter or bylaws controls the municipality's ability to be bound in contract. This doctrine provides an important defense for public entities. Municipalities cannot be held liable for "illusory promises" created by recommendations, misstatements, or comments made by municipal officials or employees—even though a similar promise or statement made in the private sector might indeed form the basis for an implied contract. Fennell, along with the Biello v. Watertown and Keney v. Old Saybrook rulings, form what is now known as the Fennell Doctrine.

In Fennell, three retired police officers from the City of Hartford claimed that they were entitled to certain pension and retirement benefits related to accrued sick leave and service credits. The plaintiffs argued that certain provisions in the city's pension manual, a document prepared and distributed by the city's pension commission and summarizing their retirement benefits, had created an implied contract. The Connecticut Supreme Court disagreed, stating that "If additional benefits were allowed to be conferred [by the commission], they would impinge on the city council's legislative prerogative to oversee the maintenance of the city's municipal employees' retirement fund."

Thus the Fennell Doctrine provides municipalities a powerful defense against claims made by disappointed bidders, job seekers, or unhappy employees that an implied or quasi-contract exists. Attorney Rose will discuss how municipalities can use the doctrine to defeat claims involving zoning torts, tax appeals, collective bargaining, and in employment disputes in this informative CIRMA workshop.

AUDIENCE

Chief Elected Officials
School Business Managers
Human Resource Professionals
Department Supervisors/Managers
Risk Managers

SPEAKERS Mike Rose, Esq.
Managing Partner
Rose Kallor, LLC Attorney Michael J. Rose is the managing partner of Rose Kallor, LLP a six-attorney litigation firm located in Hartford. Rose Kallor, LLP specializes in the representation of municipalities, government leaders, small businesses and a variety of civil rights-related claims, with a strong emphasis in the employment field. Mr. Rose graduated with dual degrees in economics and political science from the University of New Hampshire. Mr. Rose graduated with honors from Franklin Pierce Law Center in May 1994. After an initial year with a small insurance defense firm, Mr. Rose joined Hartford’s Howd & Ludorf, where he practiced from 1996 through 2007. While there, Mr. Rose founded the firm’s Employment Practices Group and led a practice team of seven lawyers.

In 2007, Mr. Rose, along with Robin Kallor, formed Rose Kallor, LLP. Over the course of his career, Mr. Rose has defended hundreds of government officials, municipalities, and small business leaders. Mr. Rose has litigated landmark cases on behalf of municipal employers, including Filush v. Town of Weston, in which he obtained a judicial finding invalidating a United States Department of Labor regulation providing enhanced rights to employees claiming disability discrimination; the decision is a landmark ruling limiting the liability of local governments.

WHERE WILLIAM J. PITKIN COMMUNITY CENTER
30 Greenfield Street
Wethersfield, CT 06109
860-721-2801 COST per attendee This seminar is open to CIRMA members only and is free of charge

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Protecting Local Governments: The Fennell Doctrine & the Death of "Implied - April 14, 2009 - This seminar is open to CIRMA members only and is free of charge

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By submitting your on-line registration, you will be immediately registered. Payment (if required) is expected no later than 10 days prior to seminar date. You will automatically be sent a registration confirmation form to print out and send along with your payment.

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For more information, please call Martin Connelly at 203-946-3743 or email cirmaworkshop@ccm-ct.org.

DIRECTIONS

Traveling North on I-91:
Take Exit 24. At end of ramp – go right onto Silas Deane Highway (Route 99). At approximately 2.7 miles take a left onto Nott Street. After stop sign take your second right onto Folly Brook Boulevard. Take first right onto Greenfield Street. Willard Pool is on your right, followed by the Community Center.

Traveling South on I-91:
Take Exit 28 for Route 5 and 15 (Berlin Turnpike Wethersfield –Newington). Take Exit 85 (99 South Wethersfield – Rocky Hill). At 3rd traffic light (Nott Street) take a right. After stop sign take 2nd right onto Folly Brook Boulevard.Take 1st right onto Greenfield Street. Willard Pool is on your right, followed by the Community Center.

Traveling North on RT. 5/15 Wilbur Cross Highway (Toward
Hartford):
Take exit indicating Wethersfield 99 South. At 3rd traffic light take a right onto Nott Street. After stop sign take 2nd right onto Folly Brook Boulevard. Take 1st right onto Greenfield Street. Willard Pool is on your right, followed by the Community Center.

Traveling West From Putnam Bridge:
Stay on Route 3 to Route 99 (Silas Deane Highway). Turn right on Route 99 to 4th traffic light. Turn left onto Nott Street. After stop sign take 2nd right onto Folly Brook Boulevard. Take 1st right onto Greenfield Street. Willard Pool is on your right, followed by the Community Center.

Connecticut Conference of Municipalities
900 Chapel Street, 9th Floor
New Haven, CT 06510
Phone: (203) 498-3000
Fax: (203) 562-6314