East Windsor Police Commission
Regular Meeting September 10, 2008
Minutes
CALL TO ORDER AND ATTENDANCE
The meeting was called to order at 7:00 p.m. by Chairman Nelson. Commissioners Devanney, Sauerhoefer, Sherman, and Sinsigallo were present along with Chief DeMarco and Capt. Hart.
Before the meeting began, Chairman Nelson asked for a moment of prayer in honor of the two officers from New Haven who were killed/injured in the car crash, and he asked that we pray for the officers, their families, friends and especially the New Haven Police Department..
ADDED AGENDA ITEMS
There were no Added Agenda Items
PREVIOUS MEETING MINUTES
Regular Meeting – August 13, 2008
The minutes of the regular meeting of August 13, 2008 were reviewed by all commissioners present. A motion was made by Commissioner Sinsigallo, seconded by Commissioner Devanney to accept the minutes of the August 13, 2008 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 September 4, 2008 in the amount of $6392.94 for the fiscal year 2008/2009
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 September 5, 2008 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 dated August 31, 2008 for the fiscal year 2008/2009 in the amount of $167.42
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 2008/2009 dated August 31, 2008 as presented
Sinsigallo/Devanney Unanimous
E) Animal Control Monthly Billing
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Devanney to approve the Animal Control monthly billing date September 4, 2008 for the fiscal year 2008/2009 in the amount of $48.50
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 2008/2009 dated September 5, 2008 as presented.
Sinisgallo/Devanney Unanimous
G) Legal Billing
There was no Legal Billing this month.
PUBLIC INPUT
Steven D. Knibloe, Retired Lieutenant from the East Windsor Police Department took this opportunity to read an open letter to the Police Commission, the Chief and the Captain criticizing the Police Department for the amount of money that has been expended in legal and medical bills with regard to a certain officer’s court case.
After the letter was read, it was responded to by both the Chief of Police and the Chairman of
the Police Commission wherein they both stated that as this was an ongoing investigation, it
would be inappropriate to comment on anything at this time. The Chairman stated that there is
open communication between himself, the Chief and the Captain and that any questions asked of
either officer are answered appropriately.
Joanne LaQuerre, of Enfield, spoke to the Commission regarding the recent chain of events
involving one of the Police Officers, the Chief and the Captain. She stated that she was appalled
that any Police officer should accuse another brother officer of perjury in a federal court and that
in her opinion this matter should have been addressed on a local or personnel matter and that it
never should have been allowed to go this far. She also stated that although she was not a tax
payer in the Town of East Windsor, that if she was she would be absolutely livid at the monies
expended and the treatment of this officer. She also asked why the meeting was not being
recorded. The Chairman responded to this question by stating that the Commission had a
recording secretary who did everything in short hand and that was sufficient – that there was no
need to tape record the meetings.
UNFINISHED BUSINESS
a) Traffic Signs
The Captain stated that the radar board had been placed on Mahoney Road for at least a week and that Off. Byron Smith was analyzing the data received and that a report would be forthcoming. Any additional information will be brought to the attention of the commission.
TRAFFIC AUTHORITY
08-0001 – 4 Norton Road
This continues to be an on-going investigation. Norton Road has been added to STEP and that as a consequence of this addition, there will be regular police activity on this road. When any additional information is forthcoming it will be brought to the attention of the commission.
PUBLIC INPUT #2
There was no Public Input #2
NEW BUSINESS
There was no New Business
EXECUTIVE SESSION
a) Grievance 08-06 – Second Step
Officer Everett requested that this Grievance be heard in Public Session. Commissioner Sinsigallo responded to this request by stating the only part of Executive Session which would be behind closed doors was the discussion portion among the commission members.
Officer Everitt began the public part of the Executive Session by introducing Off. Jay Drolett to the Chief and Captain and Commission members as his Union representative.
As Off. Drolett was acting as Union Representative for Off. Everitt he spoke on behalf of Off. Everitt. Officer Drolett explained to all parties present that the main contention was whether or not this grievance (08-06) was in actuality an internal investigation as defined in the language of the current union contract. He also stated that if this was indeed an internal investigation, it was done without proper notification to Officer Everitt.
Chief DeMarco responded to this statement in saying that the internal investigation was done in accordance with the language of the contract.
Officer Drolett responded to the Chief’s statement by stating that it appeared as if comments made in a Hartford Court House on a civil matter were the basis of the alleged internal investigation. Off. Drolett also stated that it appeared unclear whether or not an actual internal investigation was done, and if there was an internal investigation was it done in accordance with the language of the current union contract?
Capt. Hart responded to this question by stating that it was not an actual internal investigation, but a preliminary investigation to determine whether or not such an investigation was within the jurisdiction of this agency; and that it was done to ascertain certain facts of possible misconduct and there is no clause in the contract which prohibits a preliminary investigation. Capt. Hart further stated that any investigation conducted was in accordance with Police Department Policy 52-01 Internal Affairs Investigation.
Off. Drolett responded to this statement by stating that in any type of investigation, the person being investigated must be notified that an internal investigation is being conducted; and it appeared that the grievant had not been notified.
Capt. Hart responded to this by stating that the grievant had been notified of the preliminary investigation and asked Off. Everitt directly if he had received notification of this investigation. Off. Everitt responded by stating that the documentation regarding this had been received by his attorney.
Off. Drolett went on further to state that this ‘internal investigation’ was done in violation of the current union contract.
Chief DeMarco responded to this by stating that both himself and the Captain made sure that the Police Agency adheres to the contract language; and that they were prepared to proceed with their side of the argument; and at this point Capt. Hart stood up to make his presentation which is as follows:.
On June 4, 2008, Officer Everett testified in Federal Court in response to a question by his attorney” In your 29 years of service have you ever been suspended other then the instant matter?” Officer Everett answered “no”. This testimony was under oath and in open court and was witnessed by Chief DeMarco, Capt. Hart and others who were present in court. The testimony was submitted to the Commissioners for their review..
The Capt. went on further to say that it was known at this time by the police administration that Officer Everitt had been involved in an incident in Enfield some time in the early 80’s when Officer Everitt was said to have been suspended from duty. This knowledge was obtained from current East Windsor Police Department employees who were employed when the suspension occurred. Capt. Hart then submitted the statute governing the crime of perjury which is a D felony for the commissioners review.
Capt. Hart continued with his presentation by stating that the current collective bargaining agreement states that an officer must be notified regarding any non-criminal internal affairs investigation. In addition, department policy and procedure that has been inn effect since 2002 state that notification to an officer does not need to be made if the allegations are of a criminal matter or if it is a serious matter and notification could affect the investigation. Capt. Hart submitted the applicable section of the CBA and the department policy to the commissioners for their review.
There was an incident in 1983 involving the Enfield Police Department in an alleged domestic dispute at Off. Everitt’s residence. In response to this incident, it appears that Off. Everitt was indeed suspended. The police administration files, including Officer Everitt’s personnel file were checked but no records were located reporting the details of a suspension and/or incident. It appears that his personnel file has been purged of any documentation regarding the alleged incident. Because of the unavailability of police department documentation, it became necessary to confirm whether or not an incident did or did not occur in Enfield involving Officer Everitt.
Chief DeMarco and myself obtained documents from the Enfield Police Department that indicated an incident had occurred in Enfield on December 6, 1983 that surely would have been a violation of department policy and procedure. The report from the Enfield Police Department was submitted to the commissioners for their review.
Capt. Hart went on further to say that he assumed that if an incident of this nature had occurred, there would be documentation in the local papers. T o investigate this further, Capt. Hart went to the public library where he was able to find several newspaper articles regarding the aforementioned incident. One of the articles uncovered had a headline which included the words “officer suspended”. In that particular article there was a quote from Chief Laufer indicating Officer Everitt had been suspended from duty. Capt. Hart did not read the content of these articles from the paper out of respect for Officer Everitt, but he did submit the articles to the commissioners for their review.
Capt. Hart went on further to say that he then checked the Police Commission minutes for the time period at the Town Clerk’s office. In the minutes there was an indication of a personnel matter that was left for Chief Laufer to handle. In addition, in those minutes there was a public comment regarding an officer’s conduct. Capt. Hart once again chose not to read the public comment and again submitted the Police Commission minutes to the commissioners for their review.
Capt. Hart continued with his presentation by stating that the information gathered had been passed on to Attorney Karsten who is the Town’s attorney charged with the case. Due to the fact that the Police Department did not have jurisdiction over the matter, it was directed to the court through Atty. Karsten by the proper legal procedure. On July 17, 2008 a motion for a supplemental hearing was filed with the court. The motion as presented to the court was submitted to the commissioners for review.
Capt. Hart went on further to say, that on July 21st (which was prior to the July 24th hearing date), it was taken into consideration that the suspension could have been over turned due to a grievance or held in abeyance. In an effort to make a fair assessment of this situation, Chief DeMarco and Capt. Hart questioned two men who were on the Police Commission in 1983 and 1984, the Chairman of the Police Commission. Bob Raber and a member of the Police Commission Jack Mannette. In response to the questions posed to them, Mr. Raber was under the impression that a suspension had occurred and Mr. Manette could not remember but referred the Chief and the Captain to the minutes and Chief Laufer.
Capt. Hart continued with the presentation by stating that on the same day (July 21st) Chief Laufer was interviewed and he responded to the questions by saying that if he had told the newspapers that someone was suspended that he would have suspended that person. Capt. Hart submitted his notes from the interviews and a written document to file addressing the interviews for the commissioners to review.
Capt. Hart further stated that the supplemental hearing which had been scheduled for July 24th was postponed until August 27, 2008.
Capt. Hart continued with his presentation to the board by stating that on August 27, 2008 the Judge chose not to allow the newspaper articles into evidence because they were considered heresay evidence. As there were no actual police department records indicating Officer Everitt had been suspended and retired Chief Laufer was not allowed to use the newspaper articles to recollect his memory, the matter was not considered by the court.
On August 28, 208 Officer Everitt was given a letter indicating the internal investigation matter was closed as not sustained. Chief DeMarco clarified this statement by saying that the investigation was not sustained because there were not enough of facts to corroborate and that it had been closed out as not sustained.
In summary, Capt. Hart stated that himself and Chief DeMarco witnessed a possible violation of law and followed procedure with due diligence to determine if a violation had occurred through a preliminary investigation and subsequently turned the information over to the appropriate authority. The appropriate authority chose not to take action and the matter was closed out. Through the investigation, it had been determined that the matter was in fact of a criminal nature and therefore employee notification was not required by the collective bargaining agreement and/or policy and procedure.
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Sherman to go into the closed part of the Executive Session at 7:55 p.m.
Sinsigallo/Sherman Unanimous
The Executive Session was closed at 8:23 p.m.
DECISION: The Commission feels that a criminal investigation “by the contract wording” was appropriately done by the Chief and the Captain; therefore, the grievance is denied.
COMMUNICATIONS
There is an Economic Development for Public Officers meeting on Monday, September 15, 2008 at 6:30 p.m. at Scout Hall, dinner included.
The Board of Selectman has requested an annual report from all Boards and Commissions and Commissioner Devanney has volunteered to this for the police commission. The report should be ready in a few days.
MONTHLY REPORTS
A) Chief of Police
The generator for the command trailer was overheating and had done some damage to the internal workings. It was discovered that the generator was not cooling properly which is why some of the wires were being melted. It has been repaired and a remote starter has been installed and so far is working very well.
B) Commission Members
Commissioner Sauerhoefer questioned the Chief as to whether something could be done about the truckers parking in front of the 711 on Route 5. The Chief responded that since it was a state road, any request would have to go through the State of Connecticut; but that he would look into the problem and report back to the commission at a later date.
ADJOURNMENT
A motion was made by Commissioner Sinsigallo, seconded by Commissioner Sauerhoefer to adjourn the regular meeting of the East Windsor Police Commission at 8:30 p.m.
Sinsigallo/Sauerhoefer Unanimous
Respectfully submitted,
Darlene H. Kelly
Recording Secretary
| 
