Virginia Stewart is the current town clerk, elected in November 2001 and re-elected in November 2005, with her term extending to January 2010. However, Ms. Stewart took leave from her position in February 2006, citing the unsafe or unhealthy conditions of the Watertown Town Hall.

The Stewart v. Watertown legal fees were part of a $70,000 appropriation presented at a March 16 Special Town Meeting. However, voters denied the appropriation, as the money to pay Planning & Zoning Commission Chairman Dave Minnich's legal fees as part of several complaints lodged against him, was also part of the appropriation.

It is estimated the litigation for Stewart v. Watertown could cost between $30,000 and $40,000. However, if the courts rule in favor of Ms. Stewart, it may cost the town further, as Ms. Stewart claims "a writ of mandamus, ordering the defendants to pay her all salary and benefits from June 19, 2006 through the present, and to continue said payments for the duration of her term as the Town Clerk."

Further claims are made to compensatory damages, punitive or exemplary damages, attorney's fees and "such other and further relief as in law or equity may appertain."

In June of 2006, the Town Council had terminated the payment of Ms. Stewart's salary, which was $62,938.63 in 2005-06, $63,952 in 2006-07 and the same in 2007-08.

This action has prompted Ms. Stewart to pursue a claim for personal injuries against the town of Watertown, Town Manager Charles Frigon and the Town Council, which at the time consisted of Chairman Elaine Adams, Joseph Pawlak, Paul Rinaldi, Carl Mancini, Antonio Guerrera, Suzan Plowman, Rob Kane, Raymond Primini and Jack Walton.

Former Watertown Treasurer Shirley Dorazio is also a defendant.

Citing the existence of mold and airborne microbiologicals in the Town Hall, Ms. Stewart makes claim in an August 3, 2006 letter, of the following personal injuries: "Adult onset asthma, mold or moisture related allergies, malaise, brain fog, memory loss, lack of concentrative skills, depression, anxiety, heart palpitations, vision problems, eye irritation, headaches, difficulty swallowing, abdominal pains, stomach lesions, dizziness, balance problems, joint and muscle stiffness and pain, loss of income, and medical and legal expenses."

No Watertown employee currently working at the Town Hall has reported any medical conditions, including those in the Town Clerk's office.

In documentation of the lawsuit provided by the Town Clerk's office, it states, "the Town of Watertown without cause, without affording the plaintiff an opportunity to be heard, illegally and arbitrarily, terminated payments of compensation to the plaintiff," and that "the plaintiff has a clear legal right to payment."

Ms. Stewart's case makes further claims to violation of pertinent laws and of her rights. These include, as stated in the case, but are not limited to, Chapter 92 of the Connecticut General Statues.

Chapter 92 section 7-22 concerns, "Whenever complaint in writing is made to the state's attorney for... The town clerk of any town... Is guilty of misconduct, willful and material neglect of duty or incompetence in the conduct of his office, such state's attorney shall make such investigation of the charges..."

Town officials have been unable comment as their involvement in the case legally disqualifies them from rendering statements.

On November 20, 2006, the Town Council authorized the Town Manager to file a written complaint to the Waterbury Judicial District State's Attorney seeking removal of the Town Clerk pursuant to section 7-22. The response, if any, from the state's attorney, was not available at press-time.