The state Employees鈥� Review Board has dismissed filed by Konstantinos Diamantis, ruling that it had no jurisdiction to hold a hearing on his case because he wasn鈥檛 an employee of the state at the time he filed it and they had no authority to rescind his resignation.
In a , the three-member board made it clear it sided with the state鈥檚 analysis of the grievance: that Diamantis voluntarily resigned as deputy secretary of the Office of Policy and Management in October 2021 鈥� when he learned he was going to be placed on administrative leave while a federal investigation of the state鈥檚 school construction grant program was underway 鈥� and therefore had no standing to try and get his job back. Diamantis was also the head of the school grants program at that time.
鈥淒uring his employment, [Diamantis] filed no appeals with the ERB. Only a month after his resignation did he raise a multitude of allegations in his appeal, some of which may have been viable at the time of his employment,鈥� the decision states.
At a hearing in September before two members of the board, Diamantis鈥� attorney, Zachary Reiland, argued that the governor鈥檚 top lieutenants created an unbearable working environment for him and 鈥渟et a trap鈥� that forced him to retire rather than fight an investigation into the school construction grant program that he oversaw.
鈥淢r. Diamantis is claiming that he was constructively fired from his position because a situation was created in which his working conditions were so confrontational, so unbearable,鈥� Reiland said.
But the board rejected Diamantis鈥� claims of a 鈥渉ostile work environment.鈥�
鈥淸Diamantis鈥橾 claim of a hostile work environment, even if filed with ERB while he was employed, would be invalid,鈥� the decision states. 鈥淭he 鈥榟ostility鈥� 鈥� was directed at the Secretary of Policy and Management [Melissa] McCaw, an African American, and not [Diamantis]. He was not even in the 鈥榩rotected class鈥� (race). He claims to have been 鈥榙isturbed鈥� by the alleged racism. This 鈥榟ostility鈥� does not rise to the level of a 鈥榗onstructive discharge鈥� as a cause for his resignation.鈥�
鈥淲e have the ability to appeal to the Superior Court, and I am discussing those options with Mr. Diamantis,鈥� Reiland said.
The Employees鈥� Review Board was Diamantis鈥� last option under the state contract.
Documents obtained by the CT Mirror show that Diamantis鈥� grievance had already been denied in two other closed sessions, before a DAS human resources officer and an arbitrator.
On Oct. 28, Gov. Ned Lamont removed Diamantis from his appointed position as undersecretary at the Office of Policy and Management and suspended him with pay from his position as the director of the Office of School Construction Grants and Review, a classified job with civil service protections.
The move came shortly after reports surfaced that Diamantis鈥� daughter had gotten a job at then-Chief State鈥檚 Attorney Richard Colangelo鈥檚 office at the same time that Colangelo was seeking Diamantis鈥� help in getting raises for himself and other state鈥檚 attorneys. A federal investigation into the school grant program that includes projects in Enfield, Manchester, and Tolland, was also underway.
Rather than accept the suspension, Diamantis retired.
Within hours of retiring, Diamantis tried to rescind his retirement, only to have then-DAS Commissioner Josh Geballe deny it because he had resigned 鈥渘ot in good standing.鈥�
鈥淢r. Diamantis wasn鈥檛 demoted. He was not suspended, and he was not dismissed,鈥� Garelick said during the September hearing. 鈥淗e was placed on paid administrative leave pending investigation. He has not been aggrieved as a result of alleged unlawful discrimination. He chose to resign immediately. That was his decision. In fact, he had been noticed that he could remain on the payroll on paid administrative leave,鈥� Garelick said.
Garelick also said that the state denies all of Diamantis鈥� allegations of racial discord within the administration or that anyone made his work place 鈥渦nbearable.鈥�
鈥淚f Mr. Diamantis had believed that there was a violation of any sort of workplace rules or regulations or statutes, he could have filed a complaint with the Employees鈥� Review Board at any point, and he didn鈥檛,鈥� Garelick said. 鈥淚nstead, he waited until 30 days after he was removed from his appointment as deputy secretary and placed on paid administrative leave.鈥�
In his grievance, Diamantis alleged that then-DAS Commissioner Josh Geballe and Chief of Staff Paul Mounds held a grudge against him for speaking out about the way they and other commissioners treated McCaw. (Geballe鈥檚 mother, Shelley Geballe, a lawyer and professor of public health at Yale, is a founding board member of the nonprofit 黑料吃瓜网 News Project Inc., operator of .)
McCaw has since left her OPM job and is now the town of East Hartford Finance Director.
Diamantis describes secretly listening, at McCaw鈥檚 request, to Zoom meetings with other commissioners and state officials so he could 鈥渨itness the treatment she was receiving.鈥�
The grievance describes another Zoom meeting among state commissioners where McCaw addressed an unnamed commissioner鈥檚 鈥渁busive and disrespectful behavior toward the Secretary鈥� and charged it 鈥渨as rooted in racial discrimination/animus.鈥�
Diamantis鈥� initial complaint goes into detail about his last day as a state employee 鈥� Oct. 28, 2021.
Diamantis said he was at the UConn Health Center with his gravely ill mother when McCaw called and asked him to come to her office. When he arrived, McCaw informed him that he was immediately terminated from his appointed position as OPM鈥檚 deputy secretary and that he was being placed on paid administrative leave from his classified position as director of the Office of School Construction Grants pending an internal investigation.
Diamantis had held the dual positions for nearly two years.
McCaw told him that the misconduct investigation pertained to his daughter鈥檚 hiring as an executive assistant to the Chief State鈥檚 Attorney and that it was an 鈥渋mproper quid pro quo鈥� arrangement, in which the Chief State鈥檚 Attorney would receive approval of a beneficial salary action by OPM and his daughter would receive the executive assistant position. Diamantis claims the combination of his mother鈥檚 illness, the accusations made against him and his potential termination left him distraught and emotionally compromised.
An hour later, he met with OPM鈥檚 human resources officer to discuss which retirement benefits and possible payouts he would be owed depending on whether he retired or was fired.
At the same time Diamantis was reviewing his retirement papers, he received a letter from Lamont informing him he was relieved of his appointment at OPM. Diamantis then signed a letter of resignation and his retirement papers, according to the complaint.
The grievance said the decision to resign 鈥渃annot be separated from the surrounding circumstances. He was distraught, confused and overwhelmed by the fact that his 25 years of public service had inexplicably unraveled in less than two hours.鈥�