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FINDING REGARDING FIREARMS AT FIRE CHIEFS BUILDING ON NORTH DIVISION STREET, ANSONIA FACTUAL BACKGROUND: At some time between

12:00 p.m. on Saturday, August 6, 2011, and 8:00 a.m. on Tuesday, August 9, 2011, there was a break-in and burglary at the Ansonia Fire Chiefs Building on North Division Street in Ansonia. The incident was investigated by the Ansonia Police Department. According to a statement given to the police by Mr. Ronald Burgess, some of the items taken from the building were his own personal firearms. Specifically, the firearms were one Smith and Wesson 6906; one Smith and Wesson MP 15 #SM08496; and three boxes of ammunition (20 bullets per box). DIRECTIVE OF MAYOR: At the direction of Mayor James DellaVolpe, Ronald Burgess was interviewed after due notice and while under oath in order to determine how and why his personal firearms were in the municipal building. SUMMARY OF QUESTIONS TO AND ANSWERS OF MR. RONALD BURGESS: OWNER OF FIREARMS AND AMMUNITION? Chief Ronald Burgess (CRB) admitted that he was the owner of all of the firearms and ammunition, to wit: one Smith and Wesson 6906; one Smith and Wesson MP 15 #SM08496; and three boxes of ammunition (20 bullets per box) He presented a pistol permit for the pistol and explained that the ammunition was for the rifle only. According to CRB, there was no ammunition for the pistol at the municipal building during the period between August 6 and 9, 2011. DURATION OF THE FIREARMS AT THE MUNICIPAL BUILDING? CRB stated that the firearms were at the Fire Chiefs Building from the late morning, early afternoon on Saturday, August 6, 2011, until the time of the burglary. He had personally brought the firearms to the building that Saturday morning. On that morning, he was administering a written gun safety exam at the building. After that test which ended about 12:00 p.m., CRB placed the firearms in his office, locked and left the building

Finding Regarding Firearms at Fire Chiefs Building on North Division Street, Ansonia Page 2 HOW AND WHERE FIREARMS WERE LEFT IN MUNICIPAL BUILDING? The rifle (Smith and Wesson #SM08496) was stored in a rifle hard case and placed between two filing cabinets in the Chiefs office. The pistol (Smith and Wesson 6906) and ammunition for the rifle were in a blue bag which was placed under a table also in the Chiefs office. WHY THE FIREARMS WERE IN THE MUNICIPAL BUILDING? CRB brought the firearms to the Chiefs Building because during the weekend of August 6, 2011 there was a family event at his home which included children. He thought the guns would be more safely stored at the municipal building. ANY SPECIFIC PERMISSION TO STORE FIREARMS AT MUNICIPAL BUILDING? CRB did not have any specific permission or authorization to store the guns at the Chiefs Building. He, however, reasoned that since he had earlier obtained permission to bring guns upon the premises to conduct gun safety classes, that he had the authorized discretion to leave the guns in the office. GUN SAFETY COURSES AND PREVIOUS STORAGE OF FIREARMS? CRB did not before August 6, 2011 ever leave or store any firearms at the Chiefs Building. He, however, did, on many previous occasions, bring the specific firearms which were stolen to the Fire Chiefs Building. He did this in order to conduct a firearms safety course upon the premises. DURATION, SIZE, AND TYPE OF FIREARMS SAFETY COURSE INSURANCE? Since November of 2009, CRB had been conducting firearms safety courses at the Chiefs Building. The first class occurred on November 21, 2009 and the last on June 18, 2011. (Although, as noted, as recently as August 6, 2011, he was still conducting firearms related tests upon the premises.) There were approximately 20 classes; usually on Saturday/Sunday.

Finding Regarding Firearms at Fire Chiefs Building on North Division Street, Ansonia Page 3 Approximately 54 students enrolled in the courses. The cost was $80.00 per person. Students paid in cash. The cost of the course covered student manuals, liability insurance covering CRB during the course for at least the period between November 30, 2010 and November 30, 2011. The City of Ansonia was not named as an additional insured on this policy nor was the location of the Fire Chiefs Building therein designated as a location of the classes. WHO AUTHORIZED USE OF FIRE CHIEFS BUILDING AND WHEN?: According to CRB, he had separate discussions with Chief Michael Eheman and Alderman Stephen Blume during which he asked for and received approval from each to use the Fire Chief building for the gun safety courses. He could not say with definiteness whether the topic of guns on the premises was ever actually discussed. He did emphasize that it should have been readily apparent to both. He also noted that although both knew the gun safety courses were ongoing, neither questioned him nor voiced any objection to the activity. ADDITIONAL THIRD PARTY STATEMENTS: The following questions were asked of Stephen Blume. DID YOU AUTHORIZE USE OF THE FIRE CHIEF BUILDING FOR GUN SAFETY CLASSES TO BE CONDUCTED BY FIRE CHIEF RONALD BURGESS? IF SO, WHEN? IF SO, BY WHAT AUTHORITY? Mr. Blume stated that he did authorize use of the Fire Chief Building as a location to conduct what he called a firefighter gun safety course. He stated that he did so when asked directly by Burgess after a Fire Commissioner meeting. He stated the conversation was very brief. He further stated he gave permission in concert with Chief Mike Eheman who was also privy to the brief conversation with Burgess. Blume stated he did not think he needed to obtain the permission or approval of anyone else. He considered the location to be that within the control of Burgess, to wit: the Fire Chief Building. Blume stated he thought the classes would be brief in duration; probably three months at most. He also emphasized he thought that the classes would be for firefighters only; absent any actual firearms; and at no cost to the firefighters. Blume stated he did not know the classes had continued for over a year. However, he also stated he did not inquire as to how long a duration they would be.

Finding Regarding Firearms at Fire Chiefs Building on North Division Street, Ansonia Page 4

The following questions were asked of Michael Eheman. DID YOU AUTHORIZE USE OF THE FIRE CHIEF BUILDING FOR GUN SAFETY CLASSES TO BE CONDUCTED BY FIRE CHIEF RONALD BURGESS? IF SO, WHEN? IS SO, BY WHAT AUTHORITY? Mr. Michael Eheman stated that he did authorize Ronald Burgess to use the Fire Chief Building for a fire fighter gun safety course. He remembered the conversation as being very brief less than fifty seconds. He thought it occurred in the Fire Chief Building approximately a year and one-half ago. Eheman considered his permission to be more of the course than the location. He states that he considered Burgess as Chief to have some control of the Fire Chief Building. Eheman was insistent that the discussion, as well as his authorization of the course, did not include the mention of firearms of any type. He stressed that the use of firearms at the classes was never mentioned. He also strongly rebutted any claim that it would be reasonable to infer from his conversation with Burgess that firearms would be part of the course and used in the class at the Fire Chief Building. As to the course being open to non firefighters, Eheman was similarly insistent that he never authorized that nor could it be inferred from the conversation. Eheman felt the course was to be brief, book oriented, and only for firefighters. Upon learning of the extended duration, expanded size of the many courses and that there was a cost, Eheman was surprised. Respectfully submitted:

FRANCIS A. TEODOSIO Welch, Teodosio, Stanek & Blake, LLC 481 Oxford Road Oxford, Connecticut 06478

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