East Windsor Police Commission
Regular Meeting October 10, 2007
Minutes
CALL TO ORDER AND ATTENDANCE
The meeting was called to order at 7:00 p.m. by Chairman Sherman. Commissioners Barton, Devanney, Knibloe and Sinsigallo were present along with Chief DeMarco and Capt. Hart.
ADDED AGENDA ITEMS
A motion was made by Commissioner Barton, seconded by Commissioner Devanney to add the following item:
NEW BUSINESS:
d) September 20, 2007 letter from Chairman to members of the Board
Barton/Devanney Unanimous
PREVIOUS MEETING MINUTES
Regular Meeting – September 10, 2007
The minutes of the regular meeting of September 10 , 2007 were reviewed by all commissioners present. A motion was made by Commissioner Sinsigallo, seconded by Commissioner Devanney to accept the minutes of the September 10, 2007 meeting as presented.
Sinsigallo/Devanney Unanimous
BUDGET AND EXPENDITURES
A) Police Department - Monthly Billing
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Devanney to approve the East Windsor Police Department monthly billing dated October 4, 2007 in the amount of $13,108.34 for the fiscal year 2007/2008
Sinsigallo/Devanney Unanimous
B) Police Department Financial Statement
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Devanney to approve the East Windsor Police Department Financial Statement dated October 5, 2007 as presented.
Sinisgallo/Devanney Unanimous
C) Police Commission - Monthly Billing
A motion was made by Commissioner Sinsigallo seconded by Commissioner Devanney to approve the East Windsor Police Commission Monthly Billing for the fiscal year 2007/2008 dated September 30, 2007 in the amount of $192.00
Sinsigallo/Devanney Unanimous
D) Police Commission Financial Statement
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Devanney to approve the East Windsor Police Commission Financial Statement for the fiscal year 2007/2008 dated September 30, 2007 as presented
Sinsigallo/Devanney Unanimous
E) Animal Control Monthly Billing
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Devanney to approve the East Windsor Animal Control Monthly billing dated October 4, 2007 in the amount of $413.12 for the fiscal year 2007/2008.
Sinsigallo/Devanney Unanimous
F) Animal Control - Financial Statement
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Devanney to approve the East Windsor Animal Control Financial Statement for the fiscal year 2007/2008 dated October 4, 2007 as presented.
Sinisgallo/Devanney Unanimous
G) Legal Billing
There was no Legal Billing
PUBLIC INPUT
Ken Crouch, 68 Stoughton Road, East Windsor inquired of the Commission as to the current status of his request for a cross-walk on South Water Street. Mr. Crouch was informed that this had been discussed at length and turned over to the First Selectman for his investigation. After additional discussion between Mr. Crouch and the Commission Members, the following was read from the minutes of September 8, 2007 – “When you are talking about a mid-block crosswalk, in essence you are saying that this is the safest place to cross in this area. However, all research states that this decision should not be made without an engineering study being completed first. It is considered a mid-block because it is in the middle of the road and there is
nothing to suggest that a cross walk is coming up. All the engineer and the DOT experts, right in the manual, fully suggest that a town contemplating a mid-block cross walk should get an engineering report. My (the Chief’s) suggestion would be to forward this to the town engineering section.
There was an additional suggestion by Mr. Crouch that maybe speed bumps could be installed in this area; but once again this would be up to the Town of East Windsor and there is also a similar liability factor to be considered.
UNFINISHED BUSINESS
There was no Unfinished Business
TRAFFIC AUTHORITY
07-0004 Corner of Griffin and Neiderwefer Road – Kathleen Edge
The Chief has not had time to investigate this Traffic Complaint and has requested that it be held over to the next meeting. 07-0004 will be tabled until the November 14, 2007 meeting
PUBLIC INPUT #2 (Comments only - no discussion)
There was no Public Input
NEW BUSINESS
A) Part-time ACO candidates
The Chief informed the Commission that he has three (3) viable candidates for the Part-time ACO. Commissioners Knibloe and Sinsigallo felt that this was the responsibility of the Chief to hire and fire; therefore he will make the decision as to which candidate will be hired.
B) Lateral Police Transfers
There are presently 2 viable candidates, and possibly one more by the time there is an additional meeting and the Chief requested that a Special Meeting be held for the purpose of interviewing this lateral transfer candidates. A Special Meeting for this purpose will be held on Tuesday, October 23rd at 6:30 p.m. at the East Windsor Police Department for the purpose of meeting and interviewing the candidates for the lateral transfer.
C) MPP Disposition
This discussion started out with Commissioner Knibloe asking the Chairman if he could address the issue. Commissioner Knibloe and Commission Sinsigallo were present at the meeting which discussed the MPP and Commissioner Knibloe stated that they did their best to represent the interests of management at this meeting. The Commissioner hearing this was leaning towards labor (and stated same to those present at the meeting), so we hammered back and forth and since this deals with the uniforms, the compromise reached was that within three (3) years all officers will be in Class B uniforms and not the BDU’s.
Commissioner Devanney then questioned Commissioner Knibloe as to why only Commissioner Sinsigallo and himself were notified and not the rest of the commission. Commissioner Knibloe said he did not know.
Chairman Sherman then stated that when he had been contacted by the Chief regarding the MPP and informed what the date was; since he had to be in Federal Court that day he turned the issue over the Vice-Chairman, Linda Sinsigallo and suggested that she take another commission member with her.
Commissioner Barton then questioned as to when this all came about because between the last meeting and this one he had heard nothing. Commissioner Knibloe stated that this was the first he had heard about it (when he received the telephone call from Commissioner Sinsigallo) and that it concerned the discussion at a previous meeting regarding doing away with the BDU’s, except under special circumstances.
Commissioner Barton went on further to say that this was the first that he had seen of this MPP and that there was no documentation. The Chairman responded that he had no paperwork and that the first he had heard about it was when the Chief called.
Commissioner Barton then questioned as to what the issue was and Commissioner Knibloe responded by saying that it had to do with the issue of costing the officers out of their uniform allowance for the change over to Class B’s from the BDU’s. It is going to cost the individual officer to change over to the Class B uniforms and that they wanted the Town to foot the bill for the change-over, which the Town already is.
Commissioner Barton then asked if the individual officers were making money on the uniforms and whether or not they (the officers) received the money whether they purchase a uniform or not – the answer to his question was No.
The Chief responded to this discussion by stating that the union had issued the MPP with regards to the uniforms. Commissioner Barton questioned him as to why and the response was that the officers feel the BDU’s are more comfortable.
There was additional discussion among the Chief and the Commissioners present regarding this issue and if a vote had actually been taken. Commissioner Knibloe then read the following motion from the August 8, 2007 minutes:
“A motion was made by Commissioner Knibloe, seconded by Commissioner Sinsigallo that in no longer than two years all officers of the East Windsor Police Department will be back in Class B working uniforms, with the exception of special duty (i.e. construction), canine duty or any other duty that would prohibit the wearing of Class B uniforms” The vote was unanimous.
Commissioner Devanney went on further to say that when something like this happens, i.e. grievance or MPP, that all of the commission members should be notified as she was taken back when she was told that there was a meeting going on in Town Hall and she had no knowledge of it.
Commissioner Barton also stated that in the past when an MPP was presented the documentation was received by all commission members before the meeting actually took place. There was further discussion with the Chief and the Chairman stating that they had received no documentation, that the meeting was called by the Labor Board and that the Chief had been notified by the Town (a telephone call).
D) Letter from First Selectman
The Chairman stated that he had received a letter from the First Selectman and that he had forwarded it on to the Commission members with a copy of a cover letter from him.
The Chairman asked Commissioner Barton if he had a problem with the letter. Commissioner Barton responded by saying “ yes, that the letter ordering us not to discuss police business outside of the meeting room – in my view that is too broad. Anything that anyone comes up to us to ask us a question or whatever outside of this meeting room would probably be police business. I had occasion a couple of weeks ago, somebody came up to me and asked me about the DUI checkpoints, I didn’t have an answer, called the Chief, got an answer, gave the answer back to this individual who was concerned about it. It seems to me that I would not have been able to do that if I were to obey this order.
Chairman Sherman – I don’t read this as an order
Commissioner Knibloe and Barton – You don’t?
Commissioner Barton – must not – bold type underlined
We are elected representatives of the people of this town, we conduct our business in public, this is a public room, this is a public meeting – unless something is done in Executive Session you cannot say what is said here stays here and everything we might have occasion to answer a question or discuss could be construed as police business. So what I’m saying is that it’s too broad – it has no basis in Police Commission policy
Commissioner Knibloe – not only that but it violates my rights and the Bill of Rights. You cannot tell me who I can and can’t talk to. Even the First Selectman can’t tell me who I can and can’t talk to. It is not – Police business is one thing and Executive Session is another – people ask me all the time what’s going on, how did this happen or whatever and I’m not going to turn around and say “hey, I’m sorry I cannot talk to you.
Commissioner Sinsigallo – that’s not the issue here. To read the letter, it says it was brought to my attention last week that a Police Commission member approached a Board of Finance member.
Commissioner Barton – none of that is true
Commissioner Knibloe – it makes no difference, I can talk to any other Board or commission member in this town that I want to – I’m not talking on behalf of the Police Commission
Commissioner Barton – that’s true. Board of Finance members are elected representatives of the people of this Town, they should be accessible to the people of this town. There is a problem with the Board of Finance here that the First Selectman ought to be
Commissioner Sinsigallo – Obviously, she didn’t like it
Commissioner Barton – too bad
Commissioner Sinsigallo – well, I agree
Commissioner Barton – the Board of Finance excludes the public, they have no public participation at their meetings, and we’ve already been told by one Board of Finance member that at a public hearing if you speak and you’re connected to whatever agency you are speaking about then your opinion is less anyway.
Commissioner Knibloe – exactly
Commissioner Barton – this is another issue we really need to not fight with the Board of Finance and really need to try to work things out with the Board of Finance. I’m all for that – but that’s another issue. But to tell us that we cannot talk about police business outside of this room is wrong – as far as the First Selectman trying to say that you should request resignations if we talk to people – well he can request my resignation all he wants.
Chairman Sherman – I didn’t know who it was
Commissioner Knibloe – It’s a good thing we didn’t have a commission meeting, I’ll tell you one thing Dick, quite honestly – it’s a good thing there’s an election coming up in less that a month because I was incensed and was going to ask for your resignation as Chairman of this commission. That’s a totalitarian letter and I’ve fought totalitarianism all my life and I will not put up with it period.
Commissioner Barton – the other thing is what you just said about not knowing who was involved – you made an order here, you made a decision and took an action without knowing what happened – that’s not right either. So, I don’t know what you want to tell the First Selectman but you can tell him that I do not intend to obey the gag order
Commissioner Knibloe – and I would request that you publicly, right now, rescind this letter because it violates my rights, if you want to go to a rights hearing that’s fine.
Chairman Sherman – well, if that’s what you want
Commissioner Knibloe – and that you tell the First Selectman that he is out of line
Commissioner Sherman – I’m not going to tell the First Selectman that he is out of line
Commissioner Knibloe – I make a motion that the First Selectman be informed that his letter is out of line, that we have the right to discuss things out of Executive Session with anybody we so choose and that he’s out of line calling for resignations. The motion was seconded by Commissioner Barton
Knibloe/Barton Unanimous
Commissioner Knibloe – are you going to retract this letter, Dick
Chairman Sherman – yes sir I will retract the letter – do you want it in writing?
Commissioner Knibloe – yes I would – just to ignore the letter dated such and such.
Commissioner Sinsigallo – there is nothing in our policy that says we cannot discuss things – it says that we cannot tell the Chief and the Officers what to do.
Chairman Sherman – I don’t think it’s what I meant – but the way it was typed up it appears that way and I will rescind it
Commissioner Barton – you know for years and years there has been this obsession with trying to control who talks to who and about what and the crux of it has always been whether or not Police Commission members are somehow interfering with the Chief by either giving him orders or giving his people orders – and the other thing is who speaks for the Commission. That’s a solution in search of a problem in my opinion – it really isn’t an issue because even if one of tries to say we’re speaking for the commission – it’s not valid. Even our Policies and procedures does talk about speaking for the Commission under the Chairman’s role and even the Chairman is not allowed to speak for the commission except in an
emergency – where some sort of decision or comment is needed in between meetings.
Commissioner Knibloe – unless of course we authorize it as a board
Commissioner Barton – right – it’s an unnecessary waste of time trying to control who talks to who and the Board of Finance – we’re not getting along with the Board of Finance but if we were and had a sympathetic ear on the Board of Finance and one of us or more than one of us wanted to share some of our deliberations, for example concerning budgets, with a member of the Board of Finance, and they wanted to listen that would be fine. That would be ok whether the First Selectman thinks so or not – that would be alright. But, the Board of Finance doesn’t want to hear from us, the Board of Finance doesn’t want to talk to us, I could tell the First Selectman and you what this supposed unauthorized meeting was all about,
but nobody’s really interested, I guess – so it’s just a waste of time to try to control what people say.
Commissioner Knibloe – not only that but I believe it happened several months ago, did it not?
Commissioner Sinsigallo - what it boils down to is what you just said Jim. If that person had just gone and spoken to the First Selectman and explained and then he called you and asked you – a little communication rather than putting something like this in writing – and saying that this person should resign. The other thing that Steve just brought up – this thing is dated September 19, 2007 and it says “it was brought to my attention last week that a Police Commission member approached a Board of Finance member at her personal residence and proceeded to question funding practices. This happened in May.
Commissioner Devanney – if it happened in May, why bring it up now?
Commissioner Knibloe – because somebody wants to start trouble, that’s why
Commissioner Devanney – and it’s close to the election
Commissioner Knibloe – that’s the only reason
Comissioner Barton – If the First Selectman wants to fall for it and you are going to carry that torch for him I don’t want to beat this to death – I just want to say that what you said about “must not discuss police business outside of the meeting room” is too broad and I don’t think it’s worthwhile to try and cover every hypothetical situation in which we shouldn’t discuss things – I think we’re adult enough we don’t discuss things that happen in Executive Session, we don’t gossip about something in the Chief’s report that might be sensitive or relative to personnel, you and the First Selectman are just going to have to trust us to be adult enough to know that, and I guess if we’re not you’re going to have to try and specify everything that we cannot talk about- we’ll see if that works.
EXECUTIVE SESSION
A) Personnel request
The person who had requested this session has resigned and will not be appearing before this board, therefore, the Executive Session is canceled.
COMMUNICATIONS
There were no additional communications.
MONTHLY REPORTS
A) Chief of Police
Nothing to report
B) Commission Members
Nothing to report.
ADJOURNMENT
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Knibloe to adjourn the regular meeting of the East Windsor Police Commission at 7:48 p.m.
Sinsigallo/Knibloe Unanimous
Respectfully submitted,
Darlene H. Kelly
Recording Secretary
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