MINUTES FROM THE BOARD OF POLICE COMMISSIONERS
REGULAR MEETING HELD TUESDAY, APRIL 6, 2010
IN THE MEETING ROOM OF TOWN HALL SOUTH
3 MAIN STREET, NEWTOWN
Chairman Duane Giannini called the meeting to order at 7:30 pm.
Present: Duane Giannini, Brian Budd, Bruce Walczak, James Viadero, and Keith Jacobs
Absent: none
Also Present: Police Chief Michael Kehoe, Captain Jose Rios, Lt. George Sinko, Det. Sgt. John Cole, one member of the press and three officers representing the Police Union – Union President Andy Stinson, Union Vice-President Scott Ruszczyk, and Union Treasurer Domenic Costello.
PUBLIC PARTICIPATION: none
CONSIDERATION AND APPROVAL OF THE MINUTES AND ADDENDUM FOR THE REGULAR MEETING TUESDAY, MARCH 2, 2010: Commissioner Budd moved to accept the minutes and the attached addendum from the police commission’s regular meeting Tuesday, March 2, 2010, as corrected. Commissioner Jacobs seconded and the motion was carried.
Correction: Commissioner Walczak was not present at the Meeting March 3, 2010.
CHIEF’S REPORT:
Budget - Chief Kehoe told Commissioners that they had copies of the Monthly Police Overtime for March 2010 and the Line Item Budget Reports and reported that there was nothing of any concern. In regards to the Fiscal Year 2010-2011 Update, Chief Kehoe reported that the budget had reached the Legislative Council. He noted that he doesn’t think they will make any more adjustments, but indicated that was up to the discretion of the Council. He concluded by noting that he met with members of the Council’s Public Safety Committee last month and the committee was prepared to recommend the Police Department’s budget as presented. Fleet - The chief reported that the three cars, the department had on order, were delivered. He told commissioners that the department may have to stretch the
time out for some of the older cruisers until the budget is set for next year before counting on receiving any more new vehicles next year. Personnel Report – the Chief Kehoe told commissioners they had a copy of the personnel report in their packets from Sgt. Wisentaner for their review and indicated there was nothing remarkable. The Chief announced that Det. Sgt John Cole had asked to be re-assigned to patrol and told commissioners that they would discuss the matter of his replacement later in the meeting.
Training Report – Chief Kehoe reported that in regards to training, the department had a very busy month and directed commissioners to the report in their meeting packets from Lt. Mooney. Letters of Gratitude – The Chief said the department received three letters: one to the department regarding Special Officer Commerford’s Funeral, a second to Officers Ketchum and Kullgren and a third to Officer Guernsey. Correspondences – Chief Kehoe reported that he had two letters of correspondence from the State. The first was from John Carey, Manager of Traffic Engineering for the State Department of Transportation, regarding the traffic signal maintenance level at the intersection of SR 490 (Wasserman Way) and the I-84 Exit 11 ramp. The state concluded that the maintenance level can be
revised from Level 5 to Level 2 between the hours of 4 am and 8pm effective April 1, 2010. The second letter was from the State Traffic Commission (STC) confirming their review of the application to approve the 15 mph to 30 mph speed limit signs on the various town roads. Community Conversation – Underage Drinking – The Chief once again extended the invitation to commissioners to attend the second part of the Community Conversation on Underage Drinking to be held Saturday, April 10, 2010 at the Reed Intermediate School “Cafetorium”. DARE Culmination March 16, 2010 – Chief Kehoe reported that the DARE Culmination held March 16, 2010 was well attended. Awards and Decorations Committee – The Chief invited commissioners to attend the Awards and Decorations Ceremony to be held in the Alexandria Room at Edmond Town Hall Thursday, May 20, 2010 at 5:30 pm. He noted that many officers will be receiving awards. Department
Project Updates: UPS – Chief Kehoe announced that the UPS system up and running and is “worth its’ weight in gold.” According to the Chief, the CAD/RMS project went on line on Monday and the department was currently working through the typical problems associated with such a huge change over. He noted that they have had excellent support from the vendor. Radio Enhancement – Chief Kehoe reported the department is in month two of the project.
Commissioner Giannini request that an update regarding the Chief’s goals and objectives be made regularly and asked that it added as a standing part of the agenda.
CAPTAIN’S REPORT:
Written Monthly Motor Vehicle Enforcement Reports – Captain Rios reported that the motor vehicle activity for March 2010 was up 5% over March of 2009 with a total of 488 motor vehicle contacts. The Captain told commissioners that DUI arrests decreased 18% for March 2010 from March 2009. He noted that there were a total of 4 DUI arrests made in March 2010 and a total year to date of 18. Incident Analysis Report March 2010 – the Captain told commissioners they had a copy of the report in their packets. According to the report, the incidents for March 2010 were as follows: Motor Vehicle Accidents: 89, Burglary: 8, Narcotics: 1, Vandalism: 29, Larceny: 5, Fraud: 12; and Alarms: 124. Traffic Enforcement Unit February 2010 Report narrative by Lt. Sinko and Sgt. Vanghele – According to
Captain Rios, the traffic unit made a total of 113 contacts for the month of March 2010. He asked that commissioners review Sgt. Vanghele’s report in their packets. Detective Division Report submitted by Det. Sgt Cole - The captain referred commissioners to the Detective Sergeant’s report in their meeting packets. He noted that the report also included the activity of the Youth Officers.
UNFINISHED BUSINESS:
Discussion and consideration on Strategic Goals and Objectives for the Police Commission – Chairman Giannini asked for two members of the commission to serve on each one of their four goals and objectives. 1. Redesign of the monthly report package – Commissioner Walczak and Chairman Giannini; 2. Changes to Police Services roll regarding the Animal Control Officer – Commissioners Budd and Viadero; 3. Crosswalk Safety Plan – Commissioner Walczak and Chairman Giannini 4. Employee Relations – Commissioners Jacobs and Viadero.
Chairman Giannini asked that the pairs of commissioners make sure they have a meeting regarding each of their goals and objectives between their meeting that evening and the next Police Commission meeting May 4, 2010.
Discussion and possible action on Rte. 25 improvements – Commissioner Giannini reported that he had actually made it within walking distance of Deborah Lee but was unable meet with her. He told them he needs to follow up with Ms. Lee before the next meeting.
Discussion and possible action on possible speed information signs at town lines – According to Chief Kehoe, police commissioners to come up with some key phrases for the speed information signs and noted that the size of the sign is contingent upon the location and words.
Chairman Giannini asked that it be rolled into the Crosswalk Safety group.
Commissioner Jacobs suggested a zero tolerance initiative to speeding be implemented rather than having a sign that just says “Slow down.”
Commissioner Walczak said he was in favor of zero tolerance.
Chairman Giannini said he believes the officer needs discretion and is not a strong believer in zero tolerance.
Commissioner Viadero agreed with the Chairman that it should be left up to the discretion of the officer. Commissioner Budd noted that issuing zero tolerance tickets sends a negative message to the public that it’s only being done for the money. He added that zero tolerance takes away the discretion of the officer.
Commissioner Jacobs question whether zero tolerance would take away the discretion of the officer.
Commissioner Budd noted that in comparison to surrounding towns, Newtown’s traffic enforcement is above average.
Commissioner Walczak moved that the police department enforce the speed limits on Queen Street with a 5 mph tolerance. Commissioner Viadero seconded for the purpose of discussion. The motion was defeated 3 to 2. Commissioners Walczak and Jacobs voted in favor of the motion. Chairman Giannini and Commissioners Budd and Viadero voted against the motion.
Commissioner Viadero said he wasn’t in favor of the motion and asked what made Queen Street different than his street or any other street in Newtown.
Chief Kehoe noted that a zero tolerance would take away from discretion of the police officer which goes against the Department’s Discretionary Policy.
Commissioner Walczak noted that the Vollmer Study recommended such enforcement.
According to Commissioner Jacobs, there was a 60 Minutes show on a town in Florida that had a zero tolerance for speeding. He suggested the commission see what the after affects were.
Commissioner Jacobs made the motion to table the matter to see whether the Florida study affected the “quality of life” in the town. Commissioner Budd seconded and the motion to table was unanimously carried.
Following the vote, Chairman Giannini suggested that Commissioner Jacobs research the matter to see what after affects there were and get back to the commission.
Chief Kehoe said that he and the Captain will look at the matter, too; and they will pass along any information they get to Commissioner Jacobs. The Chief said they will also look at what their ability is to implement such an effort as “zero tolerance” in the State of Connecticut.
Discussion, review and possible action on the Traffic control matters relating to Newtown Youth Academy and Newtown roadways leading to Newtown Youth Academy – According to Chief Kehoe, Chairman of the Fairfield Hills Authority Bob Geckle said they are trying to move as quickly as possible through the process so they can put up signage directing the public to the various places on the property. The chief told the commission that Mr. Geckle dropped off a map of the property along with the authority’s recommendations. He noted that if there is going to be a one way system implemented then the signing will be critical.
Chairman Giannini noted that the parking in front of the town hall is very narrow and that the parking on one side of the road should be eliminated.
Commissioner Walczak questioned how the road in front of the Newtown Youth Academy (NYA) wasn’t considered a road if it was town property.
Chief Kehoe explained that it is because it’s not a town road, it is a considered a parking lot. He noted that this type of road does not meet the requirements of a town ordinance. However, the chief noted that the town has the right in the town ordinance to make the direction of travel one way.
Chairman Giannini emphasized that there is a ton of traffic up in front of the NYA. He added that what the traffic plan presented the by FHA does is put the traffic in front of the Youth Academy. The Chairman said he believes that if you mark it one way, you will have people go the wrong way.
Chairman Giannini said he believes they need to answer a few questions first. 1. Is the road in front of NYA? 2. Does the commission have time to review this? 3. Does the commission want an engineered study done?
The Chairman suggested that the matter be tabled to review his information presented to them and to have the planner at the commissions’ next meeting.
The commission agreed and the matter was tabled.
Chairman Giannini asked that everyone do their best to be prepared to make a decision at the next meeting and asked that commissioners go up and visit the property to have a look.
NEW BUSINESS:
Discussion and consideration of the Chief’s recommendation for the assignment – Detective Sergeant –
Chief Kehoe told commissioners he received letters of interest from Sgt. Darlene Froehlich and Doug Wisentaner. He asked the board to take a few minutes to look at the information. The Chief said he reviewed both the files with the Captain looking at the candidates’ strengths and skill sets, and noted that they were both highly qualified. He added that their decision was very difficult. Chief Kehoe said that he recommended Sgt. Froehlich for the position based on her years of experience on the job as Detective Sergeant once before.
Although the commissioners were willing to take the Chief’s recommendation they expressed their concern about appointing an officer to a post without being able to interview them in person. Chief Kehoe said that this is all done according to policy and a collective bargaining agreement and noted that a face to face interview is not mentioned. Commissioner Jacobs expressed his apprehension about voting on the matter indicating that the commissioners with the least experience on the board were at a disadvantage because they did not know the candidates as well.
Commissioner Walczak moved to accept the Police Chief’s recommendation to assign Sgt. Darlene Froehlich as Detective Sergeant. Commissioner Giannini seconded and the motion was passed 3-2. Chairman Giannini and Commissioners Walczak and Jacobs voted in favor of the motion; and Commissioners Budd and Viadero voted against the motion.
Commissioner Budd and Viadero said there vote was nothing against the Chief but they believed something should be done to implement an interview process of candidates by the commission before they vote on such a matter again.
Subsequently, Chairman Giannini and commissioners thanked and applauded Det. Sgt. Cole for his dedication and service in the Detective Division
Discussion and consideration on the following Policies and Procedures –
1.14 Officer/Detective Performance Evaluation System (OPES) revised – After reviewing the policy and procedure, Commissioner Budd noted that the only significant change was the given number of evaluations per year – changing from three times a year to twice a year.
Chief Kehoe noted that the Union had already signed off on the policy changes as they were part of the collective bargaining agreement.
1.13 Supervisors Performance Evaluation System (SPES) revised – The chief noted that the changes were the same as those to the previous policy and suggested they be approved together in one motion.
Commissioner Walczak moved to accept both revised policies - 1.14 Officer/Detective Performance Evaluation System (OPES) revised and 1.13 Supervisors Performance Evaluation System (SPES) revised as submitted. Commissioner Jacobs seconded and the motion was unanimously approved.
7.7 Wrecker – Towing Service Rotation (revised) – Chief Kehoe informed commissioners that Det. Sgt. Froehlich had expressed concern indicating a request from an out-of-town towing company had been received. He indicated that according to the policy it is a requirement that the towing services are located in Newtown. The chief noted that the 30-minute rule has always been used. The 30-minute rule is the maximum amount of time allowed for a towing company to arrive on the scene of a service call. Chief Kehoe said he is concerned that those companies from outside the town wouldn’t be able to respond in that time frame to anywhere in town. He added that there are many issues why there is a need for prompt response.
Commissioner Walczak asked if a request was made for a specific garage can that be accepted if the show up within 30 minutes.
Commissioner Budd moved to approve the 7.7 Wrecker – Towing Service Rotation policy (revised). Commissioner Jacobs seconded and the motion was unanimously carried.
PUBLIC PARTICIPATION: Although no one from the general public was present, the commission took this time to allow the three members of the Police Union to speak.
Union President Stinson spoke first. He thanked the Police Commission for allowing them a chance to be heard and said he hoped it leads to more regular meetings with the commission. The Union President told those present that up until this point the Union never really had interaction with the Police Commission and he said this gives the “nice balance” that the department needs.
Union Treasurer Costello said that the Union body was very happy with it as well.
Grievances - Regarding grievances, Union President Stinson told the commission that there were 33 total grievances in 2007. Of those grievances 13 were settled at the Chief’s level; 8 were all regarding sick leave; 3 are at the state level; one was sustained; and five are still pending. In 2008, Union President Stinson said there were two grievances: one is pending at the state level and one was settled at the Chief’s level. In 2009, he told the commission there were five grievances – 3 settled and 2 still pending. This year, 2010, the Union President said there are two grievances and both are still pending.
Union President Stinson informed the commission that the reason there were so few for 2008 and 2009 was that the Union’s attorney advised them not to pursue any of the grievances regarding sick leave. However, he noted the Union’s current attorney advised them otherwise so the commission will probably see the numbers going up again.
Chairman Giannini advised the union officials that Commissioners Viadero and Jacobs would be working with them. He said it was encouraging that a fair amount was being settled at a local level.
Union President Stinson agreed but said unfortunately the main grievance can’t be agreed upon.
Department-wide Survey – Union President Stinson said the union thinks the survey is wonderful. He said it’s been done in the past but expressed his concern regarding the lack of anonymity saying it’s handed in to the Lieutenant and that’s it – he knows who handed it in. The union president noted that those surveyed can’t be honest due repercussion.
Commissioner Budd suggested that each completed survey be emailed to the Chairman Giannini. Commissioner Giannini said he’s not a fan of getting emails and questioned whether sending them to Human Resource Director Carol Ross might be more appropriate.
Chief Kehoe said the surveys need accountability and asks that the commission come up with a procedure.
Commissioner Giannini suggested they try the free survey program “Survey Monkey”.
Chief Kehoe said the survey is part of the departments five year plan.
Commissioner Giannini suggests the union and police commissioners come up with a process to guarantee anonymity and suggests the union makes sure everyone fills the surveys out.
Commissioner Walczak suggested the survey be done annually.
Commissioner Giannini asked that questions be added to each question on the survey such as: “How important is it to you?” “How is it currently being provided?”
Chief Kehoe noted that for some questions on the survey you need additional questions and for some you don’t.
Captain Rios told commissioners that the number one question concerns the facility.
Union President Stinson said that the new survey may give them new insight because they have a lot of new officers.
Commissioner Jacobs suggested that the survey be multiple-choice, and Chairman Giannini agreed but said it should be half multiple-choice and half fill-in-the-blanks. The chairman also suggested the survey be done on the computer and not hand written.
Commissioner Giannini asked the Chief to come up with some survey types and get Commissioners Jacobs and Viadero involved.
Morale – Union President Stinson said that morale in the department is the lowest it’s been in 10 years. He told commissioners that since 2001, 15 officers have resigned and 3 have taken early retirements. He noted that in an exit interview no one wants to burn their bridges. The Union President said the something is going on here.
In a discussion with the Union body regarding the reasons for the low morale, Union President Stinson noted several main reasons: amount of people lost, lack of accountability, bullying from the administration, and disgruntled employees from other union settings.
The Union President reassured commissioners that not all the people are leaving for negative reasons.
Positive Views of Department – Union President Stinson noted the following:
- The revised evaluation policy will take the burden off the supervisors
- The training at the department is the best around and is evenly distributed
- Top notch equipment, such as the latest tasers, fire arms and new radio upgrade
- Chief, Captain and the Union are creating specialty departments for a smaller to mid-sized agency
- Chief fought to keep staffing
Closing – Union President Stinson said the main issue is sick time and now the commission knows. He added that it will only increase until it gets solved. The Union President thanked the commission and said he hopes they make it a regular occurrence.
Commissioner Budd thanked the union on the town’s behalf for taking the zero increase.
Commissioner said the main issue is communication and he added that it won’t all be rosy. The chairman suggested that they meet every couple of months, but welcomes any member of the department to attend any of the meetings.
COMMISSIONER’S DISCUSSION AND PARTICIPATION:
Chairman Giannini brought up the issue of the lack of signs at Carluzzi’s plaza and the Chief noted that the department is waiting for it to through the approval process. The Chief added that they have to get the planning and zoning attorney to send Carluzzi’s a letter.
Commissioners also discussed the traffic light and flooding issue at the plaza.
Commissioner Walczak brought up that the spaces in the lot seem tighter and the Chief said they would check to make sure they were made as approved.
Regarding the flooding, the Chief said they need to get back to the plans to see if they graded that.
EXECUTIVE SESSION (if necessary):
Commissioner Walczak told commissioners that they have to “notice” the reason for the executive session more specifically and not just for “personnel” reasons.
ADJOURNMENT OF MEETING:
Commissioner Budd moved to adjourn the meeting at 10:06 pm. Commissioner Jacobs seconded and the motion was unanimously carried.
Ted Swigart, Clerk
*These minutes are not finalized until approved at the next regularly scheduled meeting.
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