MINUTES
REGULAR MEETING
WEDNESDAY, JUNE 11, 2008, 7:30 P.M=
.
PRESENT: = &nb= sp; Robert LeBlanc
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Patricia Kropp, Secretary
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Judy Sprano, Chairman
&= nbsp; &nbs= p; &= nbsp; &nbs= p; Mark Tedesco
&=
nbsp; &nbs=
p; &=
nbsp; &nbs=
p; Jack
Walton
ABSENT: &= nbsp; &nbs= p; None
OTHERS PRESENT: Robert Desena, Deputy Police Chief
&= nbsp; &nbs= p; &= nbsp; &nbs= p; John Gavallas, Police Chief
TAPE WAS BARELY AUDIBLE – MINUT=
ES
TAKEN FROM NOTES
1.&nb= sp; Convene Regular Meeting - 7:30 P.M.
Ms. Sprano, Chairman, Called the Meeting to Order at 7:30 p.m.
2.&nb= sp; Roll Call
Ms. Sprano, Chairman, executed the Roll Call.
3.&nb=
sp; Public
Participation
&=
nbsp; Dave LeBlanc,
&= nbsp; Mr. LeBlanc discussed how civilian complaints are reported and handled.
&=
nbsp; Chief
Gavallas explained once the complaint was taken it would be given to him im=
mediately,
and then he would give it to the lieutenant who handles internal affairs.
&= nbsp; Ms. Sprano, Chairman, Closed Public Participation at this time.
Regular Meeting
June 11, 2008
Page 2
4. =
Minutes
A. Regular Meeting – May 14, 2008
= M= OTION: (Ms. = Kropp, sec. Mr. Walton) to Approve the Regular Meeting Minutes of May 14, 2008.
= D= iscussion: None<= /p>
= M= OTION PASSED UNANIMOUSLY
5. =
Correspondence
A.&n=
bsp; =
;
Letter regarding
Chief Gavallas reported he received a letter and instructed the Patrol to act on = it, then stuck it in his folder for this meeting, thus it was not included in t= he packet.
Mr. Tedesco asked when the Commissioners should receive their meeting packets?<= /p>
Chief Gavallas replied the agenda is normally prepared on Thursday of the previous week, after conferring with the Chairman, and then it’s mailed.
Members reported they did not receive the packets until yesterday and in one case, today.
Chief
Gavallas reported they’ve addressed the
Deputy Chief Desena stated the problem is not with the church, it’s with the residents across the street who do not have off street parking. They began parking on the street w= hen the church stopped them from parking in the lot.
Mr. LeBlanc stated the letter was not signed, and there were no photos attached= .
Deputy Chief Desena stated the photos were from a prior incident that is on file.<= /p>
Chief Gavallas stated they will start ticketing since they haven’t heeded t= he warnings.
Deputy Chief Desena reported one of the residents in the apartment is handicapped,= and has a handicapped permit, but there is no place to park. He has received three parking tick= ets, which he has appealed. In the absence of a handicapped spot, by statute they have to allow him to park, as long he doesn’t obstruct traffic.
Regular Meeting
June 11, 2008
Page 3
6. =
New
Business
None
7. =
Old
Business
A.&n= bsp; = ; Civilian Complaint Policy/Town Attorney - Legal Opi= nion
Atty. Jessell explained the policy and procedures. He recommended a few changes. One is that the Police Commission = should be aware of civilian complaints as they’re being dealt with in the in= ternal process. Another recommendati= on would be that perhaps there should be a more formalized appeal process. If the Chief is unable to ultimate= ly resolve it, there should be a process by which it comes before the Police C= ommission, maybe an expansion of that general order to include the Police Commission i= n an ultimate appeal process. These complaints can’t be done in open session, there are a lot of privacy issues at stake, including innocent until proven guilty, as well as labor contracts. He provided a case= from the late 1960’s, this is not new law. This is the only organization wher= e an investigation of individual employees would be handled by a Commission so it would have to be handled in a delicate manner. The Charter does give this Commiss= ion some power, but as an appellate step if necessary. That would include the Town Manage= r and the Town Attorney. This Commi= ssion can only make recommendation; any final action has to come from the Police Chief and the Town Manager. T= he General Statutes give broader power than the Town Charter. Abuses have taken place, so the re= ason the Charter provisions are as specific as they are was to provide checks an= d balances.
Mr. LeBlanc felt that if that is done away with, there are no checks and balanc= es for the Police Department. Th= is is taking a privilege away from the civilians to come and talk. There are no protections.
Atty. Jessell stated he felt the better course for this Commission is to use the Police Department’s internal investigation as the primary investigati= on for civilian complaints. Keep= in mind how many bogus complaints can happen against police officers, who are = in a very delicate position charged with enforcing the laws, so a lot of people don’t like when they do that.
Mr. LeBlanc stated the way this complaint form is now, there is nothing about c= ivilian complaints going to the Police Commission.
Atty. Jessell replied he didn’t say this process was necessarily complete.<= span style=3D'mso-spacerun:yes'> He just stated there probably shou= ld be some provision for an appellate, an appeal to the Police Commission if they can’t get satisfaction from the Police Department.
Mr. LeBlanc asked if any department make a contract that violates the Town Char= ter?
Regular Meeting
June 11, 2008
Page 4
Atty. Jessell replied no, he was saying that the police officers are covered by u= nion contracts that give them certain rights.&n= bsp; The Chief and his officers have a much better idea of what protectio= ns the officers have and what they’re entitled to under the terms of the= ir union contract.
Mr. LeBlanc asked when this policy was approved by the Police Commission?
Atty. Jessell replied the Police Department approved it, not the Commission.
Mr. LeBlanc asked who approved this general order that they have, effective date June 7, 2007? In this opinion it’s indicated that they were implemented and approved by this Commission.
Chief Gavallas stated they had discussions with commissioners regarding the accreditation process and the general orders, and he thought the Commission took a vote at one time approving all of the general orders just as a formality, because during the accreditation process they had to create the = general orders and the issue was brought up that someone had to approve them, and t= hat was probably within the last 2 years.
Mr. LeBlanc stated in the last paragraph it says what should be done. When do police commissioners ever endorse policy?
Atty. Jessell replied he stands corrected.
Mr. LeBlanc stated he can’t find any minutes or anything about this polic= y, so they shouldn’t really be discussing this.
Chief Gavallas stated Atty. Pilicy had brought that issue up at one time, that it= was never approved by the Commission, and he thought the Commission did take a = vote to approve them.
Atty. Jessell felt this Commission could certainly endorse that procedure.
Mr. LeBlanc stated he’s not against this, he just wants to do it legally.= Commissioners should be trained for whatever board they sit on.
Ms. Kropp stated many residents don’t even know they’re allowed to attend town meetings. Maybe t= his complaint part with all these lines could be printed on the reverse side, a= nd then maybe add in its place it can be brought verbally to the Police Commis= sion or they can submit it in writing.
Chief Gavallas replied but that would encourage them to come to a commission meet= ing and verbally made a public complaint against an officer.
Regular Meeting
June 11, 2008
Page 5
= A= tty. Jessell replied he doesn’t recommend that they provide that on the complaint form because of the privacy issues.
= C= hief Gavallas suggested he include that in the letter he sends to the complainant regarding the resolution of the issue.&nbs= p; There is also the option of speaking to the Town Manager, who is the Chief’s boss.
= M= r. Walton felt the complaints should go to the Police Chief first, and if it can’t be resolved there, then it should come to the Commission.
= M= r. LeBlanc stated public participation is dangerous because if you harm someone’s reputation they can be held liable.
8. =
Chairman's
Report
&= nbsp; No= ne
9. =
Chief's
Report
&= nbsp; A.= May, 2008 - Police Department Activity
&n= bsp; Chi= ef Gavallas gave a brief report:
§ &n= bsp; Recognition Service for Constable Ryan.
§ &n= bsp; Click-It-Or-Ticket Campaign (112 tickets for seat belts)
§ &n= bsp; DUI Check was held on the 23rd.
§ &n= bsp; High School Bomb Threats – 3 people we= re arrested.
§ &n= bsp; Budget Referendum 6/17.
10. Adjou=
rnment
= MOTION:= (Ms. = Kropp, sec. Mr. LeBlanc) to Adjourn the Regular Meeting at 8:10 p.m.
= D= iscussion: None<= /p>
= M= OTION PASSED UNANIMOUSLY
= R= egular Meeting Adjourned at 8:10 p.m.
Respectfully submitted,
Judy Sprano, Chairman
= Approved: _________________= ______________
= Lynn M. LaForme, Clerk