SPRINGFIELD – Although he has not publicly stated a reason, Mayor Domenic Sarno announced that he would not renew the contract for Fire Commissioner Joseph Contant.

Sarno’s statement was released to the press on New Year’s Day. It read, “Mayor Domenic J. Sarno states that he will not be renewing the contract of Fire Commissioner Joseph Conant, which concludes on Jan. 23, 2018. Proper written notice has been sent to Commissioner Conant. Mayor Sarno states he will examine and review, if there are any qualified and appropriate personnel within the department that can professionally oversee our Fire Department as its new commissioner. Mayor Sarno also states this does not preclude him from also reviewing outside candidates too. Mayor Sarno thanks Commissioner Conant for his past continued service to our city.”

Contant was selected by Sarno for the position and sworn into office on Jan. 24, 2013.  A second-generation firefighter, he served as interim fire commissioner after the retirement of Gary Cassenelli.  

This statement came after one on Dec. 30 that expressed the mayor was “surprised and upset” by a decision Contant made concerning not to discipline Deputy Fire Chief Glenn Guyer over his failure to move into the city.

That statement read in part, “Mayor Sarno states that he does not agree with the decision rendered by Commissioner Conant and intends to pursue all legal options up to and including disciplinary action against the Fire Commissioner, if warranted. It is the mayor’s understanding that this promotion was conditional upon Deputy Guyer’s moving into the city within one year.  The mayor will ask the Law Department to review the Residency Ordinance for any revisions that may be necessary to strengthen and codify this issue and will also ask the Personnel Department to review the promotional process to assure employees acknowledge that they are bound by this condition.”

Reminder Publications posed several questions to City Solicitor Edward Pikula.

Did Conant state why he ruled this way? “Yes. He provided a written decision, which is in the employee’s personnel file.”

Did he cite city ordinance or legal precedent? “Yes. In summary, the Fire Commissioner’s decision adopted the position asserted by the employee’s attorney, claiming the employee is exempt from the ordinance, rather than the position of the Labor Relations Department Attorney who presented the case and asserted the employee’s promotion was subject to the ordinance.”

Was the mayor expecting a different outcome? “Based on the mayor’s statement it would appear that the mayor expected the deputy would be moving in within a year as a condition of promotion, as provided in the ordinance, and that the condition would be enforced.”

What kind of disciplinary action could the mayor take against Conant? “That is controlled by the Commissioner’s contract. The mayor has asked that the Law Department review the contract and provide legal advice on the issue.”

Is moving into the city definitely a provision of Guyer's employment agreement?  Pikula quoted the city ordinance – “Except as provided for in this article, all persons promoted by the city on or after March 17, 1995, shall be or within one year of such promotion become a resident of the city as defined herein. Failure to do so shall be determined to be voluntary termination of employment.”

Pikula added, “Other than the ordinance provision, the Deputy Fire Commissioner does not appear to be subject to any other employment or collective bargaining agreement containing such a requirement. The mayor has asked the Law Department to review the ordinance for the purpose of recommending amendments. The mayor has also asked the Personnel /Labor Relations Director to review city promotional policies on this issue.”

New City Council President Orlando Ramos issued a statement on Jan. 2. He wrote, “I commend Mayor Sarno for taking a stern position on residency.  I agree with his decision not to renew the fire commissioner's contract; and I look forward to working together with him and his administration, to strengthen the city's residency ordinance.

“I am hopeful that the Mayor will conduct a national search for a replacement.”