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
Contractual Agreements: The Risk Management
Techniques You Need to Know 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 this and other CIRMA workshops,
please email CIRMA at cirmaworkshop@ccm-ct.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
SPEAKERSMike J. 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. Attorney Rose graduated
with dual degrees in economics and political science from the
University of New Hampshire. Attorney Rose graduated with
honors from Franklin Pierce Law Center in May 1994. After an
initial year with a small insurance defense firm, Attorney 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, Attorney Rose has defended
hundreds of government officials, municipalities, and small
business leaders. Attorney 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
COLCHESTER TOWN HALL (ROOM 2)
127 Norwich Avenue
Colchester, CT 06415
860.537.7200
COST per attendee
This seminar is open to CIRMA members only and is free of charge
For more information, please call Martin Connelly at 203-946-3743 or email
cirmaworkshop@ccm-ct.org.
DIRECTIONS
From Hartford:
Take Route 2 East to Exit 18.
At the end of the Exit 18 ramp, turn right onto Route 16 and continue on to the center of town.
At the traffic light, turn right onto Route 85 East.
At the first light, turn left onto Norwich Avenue.
The Town Hall is approximately 1/4 mile up Norwich Avenue on the left
.
From Salem:
Take Route 11 East to Route 2 East.
From Route 2 East take Exit 18.
At the end of the Exit 18 ramp, turn right onto Route 16 and continue on to the center of town.
At the traffic light, turn right onto Route 85 East.
At the first light, turn left onto Norwich Avenue.
The Town Hall is approximately 1/4 mile up Norwich Avenue on the left.
From New London:
Take Interstate 95 South to Exit 82.
At the end of the Exit 82 ramp, turn right onto Route 85.
Continue past the Crystal Mall on the left and continue on approximately 10.5 miles to the junction of Routes 85 and 354 in Colchester.
At the three-way Stop sign, continue on Route 85 East, through the Business District.
At the traffic light at the Town Green, turn right onto Norwich Avenue.
Town Hall is about 1/4 mile up Norwich Avenue on the left.
From Middletown/Portland:
Take Route 66 East to Route 16 East.
Follow Route 16 East to the center of town.
At the traffic light, turn right onto Route 85 East.
At the first light, turn left onto Norwich Avenue.
Town Hall is about 1/4 mile up Norwich Avenue on the left.
From Norwich:
Take Route 2 West to Exit 21, Colchester Business District.
At the end of the Exit 21 ramp, turn left onto Norwich Avenue.
Continue on Norwich Avenue past Bacon Academy High School on your right, then William J. Johnston Middle School on the left.
Continue 1/10 of a mile; at the base of the hill Town Hall is on the right.
From Willimantic:
Take Route 32 out of Willimantic.
At the Pleasant Street Stop sign, go straight ahead onto Route 289 (a left would be Route 32).
Follow Route 289 to Lebanon Center.
Turn right onto Route 207.
Continue three to four miles on Route 207.
Turn left onto Route 16.
Follow Route 16 into Colchester.
At the third traffic light (old Bacon Academy is on your right), turn left onto Norwich Avenue.
Town Hall is about 1/4 mile up Norwich Avenue on the left.
From Storrs:
Take I-95 South to Mansfield Center/Route 6.
Continue south to Columbia/Route 66 and South to Hebron/Route 85 East.
Follow Route 85 into Colchester.
At the traffic light, turn left onto Route 85 East and continue on into center of town.
At the second light, turn left onto Norwich Avenue.
The Town Hall is about 1/4 mile up Norwich Avenue on the left.
Connecticut Conference of Municipalities
900 Chapel Street, 9th Floor
New Haven, CT 06510
Phone: (203) 498-3000
Fax: (203) 562-6314
