MINUTES
SPECIAL MEETING
BOARD OF PUBLIC SAFETY
DECEMBER 14, 2005
A SPECIAL MEETING of the Board of Public Safety was held on Wednesday, December 14, 2005, in the Council Chambers, in order to accommodate an earlier time schedule.
Those in attendance included Mayor Ryan J. Bingham, members of the Board of Public Safety, Christopher H. Cook, Michael Colangelo, Douglas J. Benedetto, James E. Potter, Richard L. Zaharek, and Robert C. Zordan, Corporation Counsel Al Vasko, Police Chief Robert Milano, Deputy Police Chief Michael Maniago, Traffic Officer Robert Shopey, Fire Chief John Field, and Deputy Fire Chief Jaye Giampaolo. Absent were Torringford Volunteer Fire Chief Brian Cornell, Drakeville Volunteer Fire Chief Aaron Picz, and Burrville Volunteer Fire Chief Roger Rougeot.
Mayor Bingham called the meeting to order at 5:05 P.M.
MINUTES #040
On a motion by Commissioner Cook, seconded by Commissioner Colangelo, the board with the exception of Commissioners Potter and Zordan who abstained, voted to accept the minutes of the regular meeting held October 12, 2005.
OPEN TO THE PUBLIC #050
On a motion by Commissioner Benedetto, seconded by Commissioner Zaharek, the board voted unanimously to open the meeting to the public.
Yvonne Dziedzic, 85 East Albert Street, informed the board that she had documentation from the court for the Police Department to release a vehicle from the impound lot to her. However, the Police Department will not do so because of the accumulated impound fees. She expressed her concern over not having a right to appeal that process.
Chief Milano stated that after working in conjunction with the State’s Attorney’s Office and after receiving some training, the Police Department came before the Board of Public Safety with a necessity to pass a policy allowing the Police Department to charge storage fees for seized vehicles. He noted that Ms. Dziedzic did posses a court order releasing the vehicle to her from the original owner. However, it does not absolve her from the responsibility of fulfilling the obligation to the Board of Safety to maintain the fee structure in place. If the board wishes to enter into some sort of appeal process, he would suggest very strongly that they do it based upon consulting with the city attorney after his review of the policy.
Chief Milano further stated that these vehicles are often used in drug cases, and are either never picked up or left there for periods of time, and it’s a method which allows the court to turn those vehicles over to the city. However, the local ordinance recently passed should be uniformly applied. He deferred to Corp. Counsel’s interpretation on any appeal process, but cautioned the board to maintain uniformity.
Commissioner Cook stated that an appeal process could cause a flood of people to try to recap some of their impound fees. He informed the board that he had spoken with Ms. Dziedzic in the past and suggested that she try several other options, such as checking with her insurance company. The board could discuss the matter and get back to her at a later date.
Ms. Dziedzic said she was concerned on where the liability falls if the vehicle was retained for evidence, and as such, she didn’t think she should pay an impound fees.
Commissioner Cook thought the liability would fall on whoever owned the car previous to her owning it through her power of attorney.
Ms. Dziedzic said she needed the vehicle, and has already made arrangements with Officer Murphy to start the process. She understood that she would have to put money up front, but she didn’t want that to be confused with her taking responsibility for any liability, or admitting that she should pay the fees.
Chief Milano strongly urged the board to follow the ordinance created because they were getting stuck with vehicles that didn’t have any monetary value or that exceeded their usefulness. The Police Department collected more than $5,000.00 this year alone on impound fees. The lot needs to be maintained and they are currently in the process of spending $27,000.00 for a new lot. Taxpayers should not have to bear the burden for someone having their vehicle seized because they did something criminally wrong.
Chief Milano indicated, that with the board’s permission, he would discuss the matter with the city attorney and someone would get back to Ms. Dziedzic. The board agreed.
Commissioner Colangelo asked Corp. Counsel if Ms. Dziedzic was liable for liens placed against the vehicle now that she has control over it.
Corp. Counsel Vasko said yes.
Judith Monk informed Mayor Bingham that she had appeared before this board on several occasions about her grandson, and believed that he was being retaliated against because of her strong voice. She supplied the board with some pictures of her grandson. She said the police department was going to send 50,000 volts of electricity through a taser to a boy who has a heart murmur. She has complained to Chief Milano in the past and has four letters from the Police Department saying that her investigations were unfounded. If her grandson had to pay for her activism, she said she would go to the state capital. She stated that State Representative Ann Ruwet ordered an investigation and a month later she received a letter stating that the request was unfounded.
Commissioner Cook asked Chief Milano to inform the board what had taken place, and they would get back to her.
She insisted upon another investigation and would go to Hartford if she received another letter stating that an investigation was unfounded.
CHIEF MILANO’S REPORT #550
On a motion by Commissioner Colangelo, seconded by Commissioner Benedetto, the board voted unanimously to accept Chief Milano’s Report for October and November 2005.
GREENRIDGE ROAD #570
On a motion by Commissioner Zaharek, seconded by Commissioner Potter, the board voted unanimously to accept Officer Shopey’s recommendation to post as “No Parking” the turn-around/cul-de-sac area at the south end of Greenridge Road.
FREE ON-STREET PARKING #585
On a motion by Commissioner Cook, seconded by Commissioner Colangelo, the board voted unanimously to accept Officer Shopey’s recommendation that on-street metered locations be allowed two hours of free parking between the dates of Monday, December 19, 2005 and January 1, 2006.
FRANKSON FENCE CO. #610
On a motion by Commissioner Zaharek, seconded by Commissioner Benedetto, the board voted unanimously to waive the bid process and accept the state bid awarded to the Frankson Fence Co., of North Haven to furnish and install a chain link fence at the Police Department impound lot for a total of $25,980.00 and referred it to the City Council.
CHIEF FIELD’S REPORTS #725
On a motion by Commissioner Benedetto, seconded by Commissioner Potter, the board voted unanimously to accept Chief Field’s Report for October and November 2005.
DEPUTY CHIEF’S REPORTS #740
On a motion by Commissioner Zaharek, seconded by Commissioner Benedetto, the board voted unanimously to accept Deputy Chief Giampaolo’s Report for October and November 2005.
TRAINING OFFICER’S REPORTS #760
On a motion by Commissioner Benedetto, seconded by Commissioner Zordan, the board voted unanimously to accept the Training Officer’s Report for October and November 2005.
FIRE MARSHAL’S REPORTS #770
On a motion by Commissioner Cook, seconded by Commissioner Zordan, the board voted unanimously to accept the Fire Marshal’s Reports for October and November 2005.
INCIDENT REPORTS #790
On a motion by Commissioner Benedetto, seconded by Commissioner Potter, the board voted unanimously to accept the Incident Report for October and November 2005.
TOTAL FIRE GROUP #800
On a motion by Commissioner Colangelo, seconded by Commissioner Zaharek, the board voted unanimously to accept the Purchasing Agent’s recommendation to award the bid entitled “Lease/Purchase of Firefighter Turnout Gear” to the Total Fire Group for a total of $23,183.55, which includes the basic purchase cost, the cleaning and maintenance fees, and the lease interest of 6.490%, and referred it to the City Council.
City Clerk Joseph L. Quartiero informed the board that packets would be generated through e-mail in the near future and briefly explained the process. He gave the board a CD on how to access First Class, and asked them to furnish him with their e-mail addresses.
EXECUTIVE SESSION: PERSONNEL - POLICE DEPT. #1140
On a motion by Commissioner Cook, seconded by Commissioner Zaharek, a discussion took place in regard to an Executive Session under Personnel: Police Department to discuss promotions.
Commissioner Benedetto stated that on October 9, 2002, the Board of Public Safety voted on the promotions for Sergeants Francis Balzano and Todd Schaller in which Commissioners Zaharek and Zordan abstained from the vote. It was his belief, that prior to going into executive session, the same Commissioners who abstained from voting on the lieutenant promotions in 2002 would abstain from the promotions to Captains, since there might be a conflict of interest and the 2002 vote set a precedence. Commissioner Benedetto said, “Still neighbors, still related, two candidates, so . . . (unfinished).”
Commissioner Zaharek said “This was a brand-new list, that’s an old issue and it’s gone, it’s over, it’s done. These people all tested again.”
Commissioner Benedetto furnished Mayor Bingham with a copy of the minutes where Commissioners Zaharek and Zordan abstained from the vote in 2002.
Corp. Counsel Vasko said he didn’t know why they abstained and it would be up to them to determine whether or not they have a conflict of interest. If someone has a problem with that at a later date, they can go to the Board of Ethics, which would be the proper vehicle for any conflict of interest problem.
Commissioner Colangelo asked Commissioners Zaharek and Zordan if they would be abstaining. They both answered no.
Commissioner Benedetto stated, “So, it was all right for the lieutenants, but for the captains, it doesn’t stand.”
Commissioner Colangelo said “For the discussion, last Captains’ exam, you were, Chief Milano, you were Deputy Chief and Chief Janelle, we asked about an incident, a file, a memo or anything that had to do with a complaint filed by a female detective in the detectives’ division. You informed the board, ‘no’ there was none to your knowledge. Is that still the case, there is no file, or memo?”
Chief Milano said he wasn’t understanding which issue Commissioner Colangelo was talking about.
Commissioner Colangelo said “Was there, and is there a file or a memo pertaining to a complaint by a female detective in the detectives’ bureau, because I think it would pertain to this promotion cycle.”
Chief Milano said “I had a discussion with a female detective and the issue was preempted by me and her supervision at the time. I spoke at length with the then Mayor Quinn concerning the issue and it was found to be of non-consequence and not with merit. I am completely satisfied that there was no issue that was negative at all.”
Commissioner Colangelo asked if the complaint had been dealt with?
Chief Milano said he didn’t remember actually receiving a complaint. He received word that there was talk of a female detective having a problem. He preempted the issue by looking into it and he shared the information at the time with Mayor Quinn to his apparent satisfaction. As a matter of fact, it wasn’t “apparent satisfaction,” it was “complete satisfaction.” He said, “I don’t remember the issue, and I’m not saying that it didn’t, but I don’t remember the issue coming up in executive session at all and to be quite honest with you, I’m a little bit surprised that I’m being asked to comment on anything in executive session because . . . (sentence unfinished.)”
Commissioner Colangelo said “I didn’t say executive session.”
Chief Milano said “My mistake then.”
Commissioner Colangelo then said “You’re correct, it was. It was in an executive session.”
Chief Milano said “Then, I don’t think it’s appropriate, from my understanding of the city ethics code, to discuss anything in public that was discussed in executive session. If it is a violation of the ethics code, I’m not sure, but maybe Al knows.”
Commissioner Colangelo said he thought it was pertinent to the promotion cycle and would like the rest of the board to see that file, if the file exists.
Corp. Counsel Vasko said “If there’s a personnel issue, then it can be discussed in executive session; that’s what the promotion on the table is for.”
Commissioner Potter asked if they would “not” be voting on the captain’s position tonight?
Corp. Counsel Vasko said “No one said we’re not voting on it tonight.” Commissioner Benedetto thinks there may be an issue with the captain’s promotion, but . . . sentence unfinished.”
Commissioner Potter asked if Commissioner Benedetto could explain the issue.
Commissioner Benedetto said “Being a relative or a neighbor of a candidate, it could make the vote either way, and I think that’s why you guys abstained from that vote.”
Commissioner Potter said, “You think or you’re making assumptions.”
Commissioner Benedetto said they abstained. He didn’t know the
reason, it wasn’t in writing, it wasn’t in the minutes. He asked
Commissioners Zaharek and Zordan if they would like to tell him
why they abstained. Commissioners Zaharek and Zordan both said
“No.”
The board went into an executive session at 5:48 p.m.
OPEN SESSION #1370
On a motion by Commissioner Zaharek, seconded by Commissioner Colangelo, the board reconvened into an open session at 6:58 p.m.
CAPTAIN’S POSITION #1415
Commissioner Zaharek made a motion to promote Lt. Christopher Smedick to the rank of Captain effective at a swearing in ceremony to be determined. Commissioner Zordan seconded the motion. Commissioners Potter, Zaharek, and Zordan voted in favor of the motion. Commissioners Cook, Colangelo, and Benedetto opposed the motion. Mayor Bingham broke the tie and voted in favor of the motion. Motion carried.
LIEUTENANT’S POSITION #1460
Commissioner Cook made a motion to promote Sgt. Wayne Newkirk to the rank of Lieutenant effective at a swearing in ceremony of the Board of Public Safety. Commissioner Zordan seconded the motion. Commissioners Cook, Potter, Zaharek and Zordan voted in favor of the motion. Commissioners Colangelo and Benedetto opposed the motion. On a 4-2 vote, the motion carried.
SERGEANT’S POSITION #1500
Commissioner Cook made a motion to promote Detective Luis Gonzales to the rank of Sergeant, effective at the swearing in ceremony of the Board of Public Safety. Commissioner Colangelo seconded the motion. Unanimous.
DETECTIVE’S POSITION #1530
Commissioner Benedetto made a motion to promote Officer Kevin Tieman to the rank of Detective. Commissioner Colangelo seconded the motion. Unanimous. (Effective at the swearing in ceremony.)
EXECUTIVE SESSION #1550
On a motion by Commissioner Cook, seconded by Commissioner Benedetto, the board voted to go into Executive Session under Personnel: Police Department.
ATTEST: JOSEPH L. QUARTIERO, CMC
CITY CLERK
OPEN SESSION
On a motion by James Potter, seconded by Michael Colangelo, the board went into open session at 7:16 p.m.
On a motion by James Potter, seconded by Christopher Cook, the board adjourned at 7:17 p.m.
Albert G. Vasko
Corporation Counsel
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