Present: First Selectman Woody Bliss; Selectman W. Glenn Major; Selectwoman Gayle Weinstein; Town Administrator Tom Landry; Administrative Assistant Judy DeVito.

Mr. Bliss called the meeting to order at 7:32pm

Carl Filsinger said he reviewed the video tapes again from the time John Pokorny and Craig Cohen read the letter and checked the mail boxes until Paul Deysenroth checked the mail box of Jon Weingarten.

Last week he felt there was not enough information for the timeline on the report. It was not inclusive of all the people who were at the mailbox between the 3^{rd and the 6th. He said he met with dispatcher Abruzzi on the 26th about 10:30am. He double checked the activity on the 6th. They looked at the tape where Jon Weingarten took mail out of his box and he did not put anything back in his box. He put things back in other boxes but not his own.}

He focused on the dates and times that Mr. Lieberman came back to the station. He said on the 6th at 17:13.36 hours he saw what appeared to be a white object raised above his shoulder and being put in Chief Pokorny mail box. When Mr. Deysenroth checked his mail box on the 7th at 11:12 hours he only went to his mail box. At 11:28 hours Mr. Lieberman opened and looked quickly into Mr. Weingarten mail box.

Mr. Filsinger said he looked into the possibility of someone putting mail into the box somewhere between the times the mailboxes were checked and Paul Deysenroth checked it the night of the EMS meeting. He went through it step by step and noticed the Fire Department secretary placing department mail in all of the mail boxes. She did put something in Jon Weingarten mail box.

In summary between the times that John Pokorny and Jon Weingarten checked their mail in the mail boxes and the time the letter was found in their mail boxes, no person other than Mike Lieberman were observed opening Jon Weingarten mail boxes and it appears that Mike Lieberman did raise a white object in his right hand and put into Chief John Pokorny’s box.

Detective Filsinger said after the letters were found the only persons opening the mail boxes were Jon Weingarten, Mike Lieberman on 1/7/08 at 11:28 hours, Fire Department secretary on 1/7/08 at 13:33 hours and Paul Deyenroth who opened the mail box on

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1/7/08 at 20:17 hours before drill. He went through a series of security camera photographs.

Attorney Daniel Hunsberger asked for a recess so he could look at the document that Mr. Landry had given him. The meeting adjourned at 7:47pm.

At 8:00pm Mr. Bliss reconvened the meeting.

Attorney Hunsberger said without the Selectmen reviewing the tapes themselves the whole thing becomes a "he said, she said" kind of thing. Unless you observe it yourself it is open for interpretation. He said terminating an employee whether public or private employee is really the equivalent of capitol punishment to that employee. Michael Lieberman is an employee of the Town and as such he should only be terminated for just cause as it relates to his job. He is presumed innocent till proven guilty by more than rumor and circumstantial evidence. Michael should not have to, and does not have to prove that he is innocent. We believe that he should be presumed innocent till it is proven beyond a doubt. He said you have to look at the motive and opportunity in this instance. Besides Michael denying that he placed the letters in the mail box, there is no hard evidence where you actually see him placing the letters in the mail box. There is no logical reason for Michael to have done it either.

First it was suggested that the letters were put in to somehow influence an election. There were four letters that were allegedly sent. The first was sent by US mail to the target of the letter. He is not sure how that would affect the outcome of an election.

Another letter was allegedly placed in the Dadik’s mail box. The Lieberman’s and the Dadik’s are friends, they go away together and they socialize. It would have been a lot easier for Mike to put the letter on the table in there house or talk to them personally. He said the Dadik’s had indicated to Mike that they were voting for him long before this incident.

The third letter was allegedly given to Jon Weingarten. Jon had announced that he would be out of the country and had already voted. He said his understanding there were at least 34 votes that were cast that night for the election, why not sent the letters to all the members. Why mail one letter and not all the letters.

Attorney Hunsberger said that there was a blackout period on the tape, on 1/5/08 between the hours of 03:45 and 05:00 hours. In addition to that total blackout there was grey areas. He said that it is assumed that the letters were put in the boxes at the same time. This is based solely on the fact that there is an observation and an interpretation that Mike is the only one that visited all three mail boxes. Mrs. Dadik stated that the letters could have been put in her boxes as early as Christmas.

He said that they observed the same tape as the detective and it appears to him that when Jon Weingarten goes to his mail box on the 3rd he removes a number of letters and he returns a letter to his mail box not to a lower mail box. An observation of Paul

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Deysenroth’s mail box, when he leaves it appears that he is holding a small black object in the thumb of his hand. Paul had said he remembered getting batteries but could not be specific as to when he got them.

After the meeting of January 15th with the Fire Department Mike came to Mr. Landry and freely admitted that he was at the mail boxes and explained why. The significant discrepancies were not totally discrepancies. There was no need to place a battery into the Dadik’s mail box. More importantly he never said that he did so the statement that Mrs. Dadik said that she did not get one in her mail box would be consistent. Mike is truthful in what he stated that he had no memory of opening John’s mail box. He did not remember opening the box.

Simply having the opportunity is not enough to terminate Mike. By having the opportunity is not enough to prove that Mike and only Mike placed the letters in the mail boxes. In essence Mike is being found guilty, being charged because he had the opportunity and he has not been able to offer any other explanations. Mike maintains his innocence and he believes that it is our duty to safe guard the right of Mike Lieberman by respecting that presumption of innocence.

Mike Lieberman said I come before you tonight telling you that I did not do it. In his previous life he bought and sold tens of millions of dollars worth of diamonds all over the world and his integrity was never in question. He said he has no motive to jeopardize his past reputation, his position with the Town or future for a volunteer two year position. He said "Why would I do this? I have so much to lose for a two year position. It does not make sense." He said he was offered an opportunity to resign from this position, which he declined because it carries a stigma of guilt. I choose not to resign. I was offered an opportunity to have these meeting behind closed doors which I also declined because that also carries a stigma of guilt. I have nothing to hide, I come before you, the public, my peers and the press and admit I have nothing to hide, I did nothing wrong. I would like to continue to work with the Town, to do the job that I had done, in the Town that I have lived for 17 years.

Mr. Major asked about the camera system and the blackout period from 3:45am to 5:00am on the 5th of January. Does the camera shut down when there is no movement in the space? Carl said it jumps forward on the time. To really tell you how it works he would have to get someone who was familiar with that system. Mr. Major asked if the camera was motion sensitive so that when head lights come through just the light itself activates the camera. Detective Filsinger said to the best of his knowledge it picks up by lights and by movement.

Attorney Hunsberger said they dispute that by saying that it has to be light enough for the camera to see the movement. He said it is sensitive to the light moving which will then trigger it to activate. If it was pitch black it would not activate. Mr. Lieberman said the camera is not light sensitive, it does not trigger if there is nothing for it to see. Mr. Major said he was having a hard time understanding if it was pitch black how someone could negotiate around the room.

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Mr. Bliss said when he looks at the timeline that detective Filsinger gave him it does not appear that anyone else went to those boxes in that period of time. Mr. Major said that you can discount all of the other pieces. All you need to do is look on 1/05/08 at 10.47 hours, Chief Pokorny checks his mail box and indicated to them that there was nothing in the box. He comes back on 1/06/08 at 18:25 hours and the letter is in his box. When you go through that timeline there is only one person that was in that box. Mr. Lieberman said he admitted to going to that box. Mr. Bliss said the issue is how did the letter get into the box. Mr. Lieberman said that there was nothing in the video that shows him putting a letter in the box. He said that he had said he was going to leave him a portable radio, which he alternately did not put in the mail box and gave to him in person. Mr. Bliss said a letter appeared in his mailbox between 1/05/08 10:47 hours and 1/06/08 at 18:25 hours and what he is trying to understand is how a letter got into his box. Mr. Major said that no photograph shows a portable radio. Mr. Bliss said that the blackout period on the tape does not affect John Pokorny’s box.

Mr. Major said that Attorney Hunsberger made a point that one of the responses that Mr. Landry said he had gotten was incorrect and had us note that. That was item 3. Number 5 says that he did not open the box of Jon Weingarten for any purpose and yet we can see that he did open the box of Jon Weingarten.

Mr. Landry said the wanted to respond to a couple of things that Attorney Hunsberger had said. One was being presumed innocent. He said I did not start at the conclusion of Mike having done this. In the first discussion with Mike, he said he did not do this. Mr. Landry said our job is to go through the tapes and find out what that facts are. He said he has yet to find a reason. If Mike opened a box and four other people open a box the fact that you could not make out what was put in the box without enhancement, I would think that was pretty significant.

He said during a certain time period only one hand touched all three of the boxes. That is not opportunity that is evidence. He said he cannot tell you he saw an envelope, but he can tell you that those boxes were opened and nobody else touched or opened those boxes. He said Mike and his attorney spend 6 or 8 hours looking at the tapes and they have not been able to find out anyone else opening those boxes. To him that is fairly damming. He said that is not starting at guilty and working to presume innocence. He said I tried to identify all options. I only have one.

Mr. Hunsberger had talked about recalling Sandy Dadik’s comment from night that they have been gone since Christmas and had not been back to box so there was opportunity for someone to place the letter in that mail box much earlier. He said that could be, but if someone did that they then came back at a later time and put it in someone else’s. There are also no inconsistency with Mike having placed those letters in the box when he is shown on tape opening that mail box that Sunday night and her opening her box on Monday.

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He said Mike has spoken several times saying why would I do this, there is too much to risk, there is no rational reason for this. He said he does not look for rational reason because to him this is not an act of reason. Mr. Landry said that there was one point of inconsistency in his presentation to you but he remembers Mike telling him that the reason he opened the Dadik’s box was to put a battery in there and Mike says he does not remember it that way. Mr. Landry said that that is still how he remembers it and that is not changing for him. As painful as it was and as difficult as it was for him because of his work experience with Mike he has no other conclusion. He said the conclusion that he has given them is reason, it is borne out by the evidence, it is borne out by the testimony and it justifies the action that he asked the Board of Selectmen to take.

Mr. Landry said for the record that John Troxell did do a corrected memorandum. He said in the initial memo on Friday he said that they went back to when John Pokorny checked his box on Saturday night they had actually gone further back to when Jon Weingarten checked his box on Thursday night. Attorney Hunsberger said they would like to further correct the correction. There is a time on there of 16:43 hours and he said that the detective is giving you an incident on 15:44 hours.

Mr. Bliss said under the charter, in the case of a termination, it is the responsibility of the First Selectman to make a recommendation to the Board of Selectmen. Listening to the testimony he concludes that the recommendations from Mr. Landry is in order and he would recommend that the Board of Selectmen move to terminate Mr. Lieberman. Mr. Major seconded the motion and the motion passed unanimously.

At 8:30pm Ms. Weinstein made a motion to adjourn the meeting. Mr. Major seconded and motion passed unanimously.

Respectfully submitted

Judy M. DeVito

Administrative Assistant

Approved 02/07/08