OLD SAYBROOK POLICE COMMISSION
REGULAR MEETING
MARCH 24, 2008
MINUTES
A regular meeting of the Old Saybrook Police Commission was held on Monday, March 24, 2008 at the Old Saybrook Town Hall. PRESENT: Chairman Burnham, Commissioners Dobratz, Metsack and Winkler. Also present was Lt. Spera.
I. Call to Order
Chairman Burnham called the meeting to order at 7:30 p.m.
Chairman Burnham asked for a moment of silence for Ed Heiney, retired Old Saybrook Police Department custodian and father of Det. Sgt. Gean Heiney, who passed away early this month; and for a recently fallen Norwalk Police Department officer.
II. Minutes
Chairman Burnham asked for discussion or approval of the Minutes of the February 25, 2008 meeting. Motion was made by Comsr. Dobratz and seconded by Comsr. Winkler to accept the Minutes of the February 25, 2008 meeting, as submitted. Motion carried by unanimous vote.
III. Comments from the Public
Individuals from the public addressed the commission about the Attorney General's investigation of the McMurray Kirtland Memorial Fund and recent news articles in connection with that investigation, and asked the Police Commission to take actions such as suspending the Chief, undertaking their own investigation of the account, and taking over administration of the account. Chairman Burnham explained that while the Freedom of Information Commission has declared the account public, that does not define it as municipal, and does not place it under the purview of the commission. She stated further that this was not the time for individual commissioners to answer questions regarding this matter, and that the issue would be brought up and discussed later in the meeting. In response to a request by a member of the public that
comments from the public be taken at the end of the meeting, Chairman Burnham asked for such a motion to amend the agenda. Motion made by Comsr. Dobratz and seconded by Comsr. Metsack to amend the agenda by placing the item "Comments from the Public" at the end of the agenda. Motion carried by unanimous vote.
IV. Workshop
Chairman Burnham asked Lt. Spera to conduct the Vendor Selection and Invoice Processing workshop. Lt. Spera explained how the department chooses vendors, when purchases go out to bid, and the lengthy process in place for paying bills, which includes inspection by the Chief, a Police Commissioner, the town bookkeeping department, and the First Selectman. He explained that the monthly summary sheet given to commissioners at each meeting tracks the spending from each line item. Comsr. Dobratz asked if more than one payment is made from each line item each month and Lt. Spera responded that it depends on the particular line item. Comsr. Metsack stated he feels that each commissioner should be able to answer questions regarding all expenditures, and would like the department to create a list of all expenditures to be
placed in each commissioner's meeting packet before each meeting. Chairman Burnham reminded Comsr. Metsack that bills are readily available for inspection at the department at any time. Comsr. Metsack said he would like the entire commission to examine all expenditures, including those made for Marine Patrol and Animal Control. Lt. Spera stated that the Police Commission has no jurisdiction over Marine Patrol or Animal Control. Commissioner Metsack read the following prepared motion: Motion to prepare an Itemized list for Police Commission In order to provide transparency of the Police Budget and to allow the entire Police Commission to better monitor department expenditures. I request that an Itemized list of all invoices, approved for payment from, the Police Department. The list will consist of, the line item account numbers, the vendor, a brief description of the purchase and the dollar amount of each invoice. This list of
invoices shall be placed into the monthly Commissioner Information Packet along with the Expenses & Supplies Account Summary. Motion was seconded by Comsr. Dobratz. Chairman Burnham stated her concern over the time involved for the staff to do this additional work, considering that the summary the commissioners receive in advance allows time for commissioners to ask questions and examine bills. She stated this micro-management is not necessary and that the commission has approved the budget and receives a monthly report on its status. She said that there is oversight by the Chief, a commissioner, and the First Selectman, and bills are available for inspection at any time at the department. She said that if this requested report would not take a lot of time, she would not have a problem with it, but would like to find out. Comsr. Metsack said he would like to find out how much time preparation of this list would take, and Chairman
Burnham suggested tabling the motion until the next meeting to allow staff to look into how much time this report would take to create. Motion was made by Comsr. Metsack and seconded by Comsr. Dobratz to table the previous motion until the next meeting. Motion carried by unanimous vote.
V. Executive Division Reports
A. Financial
1. Lt. Spera referred to the operating budget summary in commissioners' packets, noting that 73% of the year has expired and 67% of the budget has been expended. Comsr. Metsack noted that Recruitment is 143% expended. Chairman Burnham asked why the Office Supplies expenditure percentage dropped, and Lt. Spera stated there had been a posting error that was corrected.
2. Lt. Spera reported a balance of $14,874.92 in the Asset Forfeiture Account.
3. Lt. Spera reported a balance of $88,750.29 in the Capital Sinking Fund.
4. Chairman Burnham reported the Board of Finance would hold the first public hearing on March 25th, and that at a brief meeting afterward will discuss the general budget, which they expect to increase by 1%. She said the Town Clerk would know the time and place of the meeting.
B. Personnel
1. Lt. Spera reported that July 1st is the anticipated graduation date for Patrolman Souriyamath, and reminded commissioners that the department would provide transportation to commissioners who would like to attend. Chairman Burnham asked what the next step would be for him, and Lt. Spera said he would complete 400 hours of field training with department Field Training Officers. The Chief would then review his performance and, if satisfactory, recommend him for state certification.
2. Chairman Burnham reported that a set of study books was ordered for the department, and that all applicants have received their packets. She stated that the written sergeant promotional test would be conducted on June 11th and would be proctored by Reverend Chris Hoffman. She said oral boards would be conducted on June 13th and would be completely separate because they would be done before the results of the written test were done. She said that these dates were selected with respect to the applicants' vacation schedules. Lt. Spera was asked to calculate possible dates for commission interviews, with respect to applicants' vacation schedules, and present those dates to commissioners. Commissioners agreed, upon being asked, that a Saturday would be acceptable.
C. Department Sub-Committees
1. Lt. Spera stated the Uniforms Sub-committee, which is one of his assignments, is looking at different options.
2. Lt. Spera reported the Firearms Sub-committee is assigned to Lt. Stuart, and there was nothing new to report.
3. Lt. Spera reported that the body armor purchase is in a holding pattern because a new product is coming out that prevents officers from being affected by Tasers, which are now readily available to the public. In response to a question from Chairman Burnham, he reported the body armor grant is good for one and a half years. He stated that Lt. McDonald is assigned the Soft Body Armor Sub-committee.
4. Lt. Spera reported that the union will be asked to select an officer to serve on the Rules & Regulations Sub-committee with Comsrs. Metsack and Gallicchio, who were appointed by Chairman Burnham. The objective of this committee is to change the Rules & Regulations to meet new standards that are used nationwide to allow flexibility to better protect departments and their towns. This should be done at the same time as accreditation.
D. Comments, Ideas and/or Concerns of the Chief
1. Chief Mosca's written Activity Report was submitted in commissioners' packets.
2. Lt. Spera indicated the Police Memorial Dinner will be held on May 5, 2008 at Aqua Turf.
3. Lt. Spera reminded the commission of the NEACOP conference scheduled for September 7th to the 9th.
VI. Field Service Division Reports
A. Professional Development Activities
Lt. Spera noted a written report was included in commissioners' packets. He noted that several officers have undergone Medical Response Technician recertification, and those recertifications continue. He also noted that Lt. McDonald attended a strangulation class to keep the department up to date with new statutory arrest and prosecution requirements. Lt. Stuart, Sgt. Hull and Sgt. vanderHorst will attend the next class.
B. Activity Report-a written report was included in commissioners' packets.
C. Youth Services - Quarterly Report
Lt. Spera called attention to the first quarterly Youth Services report, included in commissioners' packets. He explained that it includes all schools and community based activities, as well as a youth incident activity report. He also reported that the Explorers participated in the Lions Club Easter Egg Hunt. The Lions Club was very happy with their assistance and has offered to sponsor the Explorers at the Junior Police Academy. He stated a new Explorer fund has been established with the Town Treasurer, and the Police Commission will receive monthly reports of activity in connection with that account.
Chairman Burnham noted that each commissioner should have received a letter inviting them to the DARE graduation coming up at St. John's School.
VII. Support Services Division Reports
A. Traffic
1. Lt. Spera reported that the no parking signs for North Main Street, approved at the last meeting, have been installed.
2. Lt. Spera reported that a request was received for a stop sign in Otter Cove at the intersection of Hill Road and Lower Road, as indicated on the map in commissioners' packets. He stated the Chief has looked at the proposed site and recommends the sign be placed. After short discussion, motion was made by Comsr. Metsack and seconded by Comsr. Winkler to approve a stop sign in Otter Cove at the intersection of Lower Road and Hill Road. Motion carried by unanimous vote.
B. Records Division
1. Lt. Spera reported the Chief signed the department up for a voluntary records audit, which was completed recently. He explained the process and objective of the audit, which has to do with classification and reporting of crimes to the state. He stated that of 143 files inspected, only six minor discrepancies were found, which was a very good reflection on the department. The FBI did suggest that a written policy be put in place regarding this area. Lt. Spera said he commended Jeanmarie Harvey and Ptl. Gardner for their hard work in preparing for this audit, which was done by 4 FBI people and took over seven hours.
VIII. Correspondence
Correspondence received since the last meeting was in packets for commissioners to review.
IX. Comments and Concerns of Commissioners
A. Discussion - Police Commission By-Laws
Chairman Burnham stated that at the last meeting there was discussion regarding determining an official spokesperson from the commission for comments to the press. She stated that at this time, the commission does not have any type of written organization, rules or guidelines. She asked if everyone was familiar with Roberts Rules of Order, and asked if commissioners would like to look at the by-laws of other town commissions. Comsr. Metsack said he would like to look at by-laws of police commissions in surrounding towns, and offered to gather a sampling for the commission to discuss at the next meeting. It was agreed that this should be done.
B. Raised Concern (McMurray Kirtland Memorial Fund)
Chairman Burnham said she has concerns regarding the Mac Fund. She stated that the FOI Commission made a decision that it is not a private fund. She stated that the Chief released all documents, which went to the Attorney General's office, where a full investigation is being made. Chairman Burnham stated it will be important for the Police Commission to obtain a copy of the results of that investigation as soon as it is available, and that she would like to send a letter to the Attorney General's office requesting same. Motion was made by Comsr. Winkler and seconded by Comsr. Dobratz that the commission write to the Attorney General, asking for a complete report when the McMurray Fund investigation is concluded. Chairman Burnham stated that it is important to remember that it is the function of the Police
Commission to oversee the operation of the Police Department, hire, promote, discipline and fire. She said it is important for individual commissioners to be careful not to prejudice themselves by making comments to the newspapers regarding events and personnel issues. She stated that if it becomes necessary for the commission to take action, commissioners must be impartial or recuse themselves from deliberations and votes. She said it is important not to make judgments until all information is available, and not to pre-judge or conduct a commission investigation because the Attorney General's investigation will be very thorough and will give the commission as much information as it needs to decide if commission action is warranted. She said it is also important to act with respect to rights of due process. After some discussion it was agreed the commission will review the report as soon as it is available, and meet to discuss possible
appropriate action, with advice of counsel. Motion carried by unanimous vote.
C. Raised Concern (Individual Commissioners' Public Comments)
Chairman Burnham stated that all employees of the Police Department have due process rights and the commission members must be careful of what they say, or of actions such as individually investigating what police officers are doing or not doing while on duty. She stated that if individual commissioners do such investigations on their own, or make comments regarding individual employees' performance, they may have to recuse themselves of any possible deliberations regarding those employees. She reminded all commissioners to be careful not to overstep their bounds.
X. Comments from the Public
Individuals from the public made extensive comments regarding the Mac Fund investigation and suggestions of actions they would like to see the commission take at this time. Chairman Burnham restated her comment made earlier that the FOI ruling found the fund to be public, but did not state it was municipal. Therefore, the Police Commission will await the findings of the Attorney General's investigation to determine what action it will take, if any. In response to a question, she stated that discussions may be done in Executive Session, but that any actions would be taken in public. Comsr. Dobratz asked if the commission should take over the fund, and Chairman Burnham stated that no budget funds were moved into the Mac Fund, so there is no basis for taking it over.
In response to a question from the public, Lt. Spera explained due process, discipline options, and how and by whom they may be exercised. He stated the Police Chief is solely under the purview of the Police Commission.
XI. Adjournment
Motion to adjourn made by Comsr. Dobratz, seconded by Comsr. Winkler and approved by unanimous vote. Meeting adjourned at 9:20 p.m.
JoAnne Klingerman
Executive Assistant
These Minutes are subject to approval at the next regular meeting of the
Old Saybrook Police Commission.
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