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The Police Commission Minutes

WEDNESDAY, OCTOBER 19, 2005

5:30 P.M. – POLICE HEADQUARTERS

Present:

  • Commission Members:
    • Commissioners Larry Muccilli
    • Peter Barrett
    • Thomas Cole
    • Rose Dostert
  • Departmental Members:
    • Police Chief Thomas Terribile
    • Deputy Police Chief Jeffrey Hutchinson
    • Union President and Officer Anthony Mastriano
    • Officer Robert Dube
    • Officer Daniel Morrell
    • Officer Dane Lawrence
    • Officer Joann Shove
    • Officer Martina Jakober
    • Officer Mark O’Connor
    • Sergeant Daniel Leary
    • Sergeant Hank Lindgren
  • Others:
    • Clerk Traci Brinkman (Acting Clerk)
    • Richard Stec and two other members from the public
  • Media:
    • New Haven Register Reporter Candace Taylor

Chairman Thomas Cole called the meeting to order at 5:30 p.m.

1.         Approve of prior meeting minutes

            Chief Terribile noted a correction – change “cam” to “came.”

Motion:           Upon a motion made by Commissioner Barrett and seconded by

                        Commissioner Dostert, the commission voted unanimously to approve the minutes of the September 21, 2005 Regular meeting as amended.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett and Dostert

                        Opposed:         None

                        Abstaining:      None

2.         Public Petition/Commentary

            2.1       Citizen Awards – Richard Stec and Kay Shanley (not present)

                        Chairman Cole presented Mr. Stec with an award recognizing his bravery in rescuing two men from the water on August 4, 2005.  Without regard for his own safety he brought one man to shore and went with Ms. Shanley to pull the second man out who had gone into cardiac arrest. They then performed CPR.

3.         Traffic

3.1              No Turn on Red (Boston Post Road)

            Chief Terrible said last month they had a letter regarding the right turn on red sign at Goose Lane and Boston Post Road.  He added that Sergeant Bohan had been observing right turn on reds and noticed that some were obscured and they all seemed to be in a variety of places so he put a memo together showing the signs.  Chief Terribile said the memo was also sent to the State Traffic Commission, but he has not heard back from them yet.

3.2              Little Meadow/South Hoop Pole Road

            Commissioner Dostert said they took a ride and there are five areas of concern.  The first concern is that some cars are going the wrong way, so they can put a patrol and monitor that.  Another concern is people can’t see over the island, but that has to be referred to Public Works in addition to the issue of water collecting on the right side of the road. 

            Commissioner Dostert stated that another complain is that they have to make short and narrow turns on the north end of the island.  She added that she didn’t see a problem and buses aren’t complaining either.  Lastly people are not stopping at the stop sign, but again Commissioner Dostert said they can put a patrol out there.

            Chief Terrible said they will conduct patrols and will forward the other   concerns to the town engineer.  He added that the town engineer has heard similar complaints, but if they tried to make the intersection wider it would have required additional blasting and it is not high on the priority list.  Chief Terribile said they do not have an accident problem up there.

3.3              Union Street

            Chief Terrible said the town engineer has looked at Union Street now that it is completed and he has suggested that 25 no parking signs be put up. The road is curvy, it has hills and there is no illumination.  He added that because of the width of the road he is also recommending no parking on Union/Market, except on the right side before the condos there is enough room to accommodate parking on one side.

Motion:           Upon a motion made by Commissioner Dostert and seconded by Commissioner Barrett, the commission voted unanimously to approve the signage as recommended by the town engineer.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett and Dostert

                        Opposed:         None

                        Abstaining:      None

Motion:           Upon a motion made by Commissioner Barrett and seconded by Commissioner Dostert, the commission voted unanimously to add Sconset Lane to the agenda.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett and Dostert

                        Opposed:         None

                        Abstaining:      None

3.4              Sconset Lane

            Chairman Cole said he spoke with the Sconset Lane resident who wrote the letter on behalf of the homeowners association requesting a “No Outlet” sign instead of a “Dead End” sign.  She stated that people are not paying attention to the “Dead End” sign.  Chairman Cole said that putting a “No Outlet” sign will not make much of a difference.  He told her that the commission recommend keeping the “Dead End” sign.  She said she would take that decision back to the association, but that this would probably be the end of it.

4.         Committee Reports

            Chief Terrible requested they add item 4.1.4 – Vests to the agenda.

Motion:           Upon a motion made by Commissioner Dostert and seconded by Commissioner Muccilli, the commission voted unanimously to add to the agenda item 4.1.4 – Vests.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett and Dostert

                        Opposed:         None

                        Abstaining:      None

4.1              Facilities/Equipment

4.1.1        Animal Shelter

Commissioner Barrett said the Animal Shelter Building Committee met last week.  A state inspection was completed and approved.  A final walk through is anticipated and the committee has a few small items left on its punch list.  He added that their next meeting is November 15, but at that time there should be an official turnover of the facility.

Chief Terribile said they can move in as soon as the Certificate of Occupancy is received.  He added that the shelter is done and operational.

4.1.2        New Pick-Up

Chief Terribile stated that the vehicle is at the Public Works Department being outfitted and they should see it in service next week.  He added that it does have a lift gate so the officers can use that when picking up heavy objects.

4.1.3        Gas Pump

Chief Terribile said the pump has been updated and installed. It gives out monthly reports.  He handed the commission a summary report and a more detailed report.

            Chairman Cole said he is interested in how it affects the budget every month, so the shorter summary report should be sufficient.

4.1.4        Vests

Deputy Chief Hutchinson said he spoke at the last meeting about the vests with regard to the types worn before, what they wear now and what federal testing has indicated.  He added that 38 of the vests have some percentage of zylon in them, which has been determined to break down too quickly.  Deputy Chief Hutchinson said they need to buy new vests.

He added that there are a couple of options, one is to get a voucher from the company for the full value of the original purchase price, which can be used for new vests or other products.  They may also be able to get some cash back and they have also made an             application for an $11,400 grant to cover half the cost of replacement.

Deputy Chief Hutchinson said he has a committee that will be interviewing several companies next week and they will come back with recommendations on which vest they think is appropriate.  It will then be up to the commission to decide.  

Commissioner Barrett asked if the grant that is being sought is contingent on option 1 or 2 or is available either way.

Deputy Chief Hutchinson said that if they went with Option 1, they would not need the grant, because they wouldn’t have to purchase new vests.  He added that it may work out in the long run that they get money back and don’t get the grant.

Chairman Cole stated that if they do not recommend going with Option 1, they will need a compelling reason, because it is the most economically feasible.

Chief Terribile explained that this committee is also looking at coverage the vest provides and which ones are the safest, comfortable and most effective.

Chairman Cole stated that they would be receptive to a change, but they have to give reasons.

Chief Terribile said they will hopefully have something to present next month.

4.2              Personnel

4.2.1        Grievance 2005-02 – FYI

Officer Robert Dube and Officer/Union President Anthony Mastriano approached the commission to describe the grievance.

Officer Dube explained that on September 1st Officer Mastriano was scheduled to work a replacement shift from 7 a.m. to 3 p.m., however Chief Terribile cancelled the replacement shift leaving the department undermanned and jeopardizing safety.  He added that for financial reasons, because that line is over budget, the second officer wasn’t needed.

Officer Dube stated that there were two sergeants, one officer on patrol and one dispatcher inside.  He added that Chief Terrible said one of the sergeants could have gone on patrol.  Officer Dube said in 2002 Officer O’Connor filed a grievance because he       was ordered to fill in a patrol shift from 3 p.m. to 11 p.m. when there was the similar coverage (two sergeants, one officer on patrol, one inside)  He added that at the time Chief Terribile stated that the sergeant wouldn’t fill the patrol.  Officer Dube stated that now in 2005 the Chief did a 180 degree turn and pulled a patrol officer. He added that their contention, along with past practice, the prior grievance in 2002 and the Duty Manual, is that there should be three patrol officers, one supervisor and one dispatcher to adequately cover the town and back up officers when needed.

Officer Mastriano stated that the previous evening there was the same situation and a replacement shift was filled.  He added that they need a uniform policy.

Chief Terribile stated that what they forgot to mention was that under management rights in their contract he has the authority to determine manpower. He added that it is the Chief’s discretion as to how many people are working, who the supervisor’s are and who is on patrol.

Chief Terribile said that during the date in question there were two sergeants, two patrol officers and a dispatcher on duty.  He added that one of the sergeants could have gone out on patrol, because they are all patrolmen and can work the job.  Chief Terribile said he was not there that day and does not know why the sergeant didn’t go out to patrol.  If he was there that day the sergeant would have been on patrol.

Chief Terribile explained that with the situation last night there were two sergeants, one patrol and one dispatcher, but he felt they needed another patrol.  He said it is his right to decide shifts and at no point has anybody’s safety been jeopardized.  Chief Terribile said that everyone knows his record and there was a sergeant there that could have gone out and helped if necessary. He added that he can show the commission incidents prior to this where there were two supervisors, two patrols and a dispatcher and it was never grieved.  Chief Terribile said that he and the Deputy Chief have gone out and assisted in patrols before.  He added that the contract is clear it is up to the Chief to decide.  Chief Terribile said part of the reason was monetary because he is trying to save the town money, but nobody’s safety was jeopardized, it was his decision and one that he will continue to make in the future.

Commissioner Barrett asked with regard to the situation where Officer O’Connor was ordered in, if the circumstances were the same.

Chief Terribile stated that they might have been different.  He added that sergeants have other responsibilities like training, etc. At the time of the grievance another sergeant had something to do therefore an officer was called in.  Chief Terribile said the budget was his main reason, but nobody was in jeopardy and he would never risk an officers safety.

Chairman Cole asked who determines the number of patrol cars each shift.

Chief Terribile stated that he determines it.  He added that in his 30 years at the department, the Chief has always determined that.

Deputy Chief Hutchinson said the Chief has control over the shifts and the specific coverage plans are guides.

Officer Mastriano asked if the Duty Manual was just being used as a guide then.

Deputy Chief Hutchinson stated that Officer Mastriano was taking the comment out of context and they were talking about a specific section of the contract.  He added that with regard to that section, the Duty Manual is a guide.

Officer Mastriano wanted it noted in the minutes that the Duty Manual is being used as a guide.

Commissioner Barrett asked the officers if they feel the Chief has the authority to change from a three to a two car plan or if they are always locked into a three car plan for that specific shift.

Both Officer Dube and Mastriano believed a three car plan should be used in the daytime shift.

Chairman Cole stated that in the documents he received it described the car plans, but did not make a distinction as to which should be used during the day or midnight shifts.

Motion:           Upon a motion made by Commission Barrett and seconded by Commissioner Muccilli, the commission voted unanimously to deny the grievance.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett and Dostert

                        Opposed:         None

                        Abstaining:      None

4.2.2        Employee of the Month – Alberto Magriz

Chief Terribile said he was voted employee of the month because of the drug case load the has been carrying here and statewide.

4.2.3        Evaluations

Chief Terribile said the evaluations have been all done including the Deputy Chief.  He added that the commission has the scores and he is satisfied with the productivity of the officers.

4.2.4        Officer Shove – Life Saving Award

Chief Terribile said there was an incident in the lunchroom when he was choking and Officer Shove assisted him and is being given a Life Saving Award.

            Chairman Cole stated that she saved the Chief’s life.

Motion:           Upon a motion made by Commissioner Dostert and seconded by Commissioner Muccilli, the commission voted unanimously to add to the agenda item 4.2.5 – Resignation of Officer.

Vote:               In Favor:         Chairman Cole and Commissioners Muccilli, Barrett, and Dostert

                        Opposed:         None

                        Abstaining:      None

4.2.5        Resignation of Officer

Chief Terribile stated that he has received word that an officer will be retiring December 3.  He would like to get permission from the commission to get the ball rolling for the sergeants test and to get into the next process for recruitment testing.

Chairman Cole explained that when the commission interviews for recruits it is very time consuming and they use a standardized interview.  He added that if they are here for one interview they should be present for all.  Chairman Cole said the department’s track record has been for every 10 interviews they hire one officer.

            4.3       Communications

                        4.3.1    Thank you – Sgt. Jackie Cipollini

Commissioner Muccilli read the note thanking the commission department for its kind thoughts after the passing of her father.

4.3.2        Thank you – Terri David

Commissioner Muccilli read the letter thanking the commission/department for the blanket.

4.3.3        Letter from Andrea Keefe – Sgt. Dunn

Commissioner Muccilli read the letter thanking Sgt. Dunn for helping her with her assignment.

4.3.4        Letter from Town of Ridgefield – thanking Lt. Robinson for participation in town’s promotional process.

4.3.5        Letter from Stephen Spurrell suggesting the department look into bringing back the canine program and using dogs cross trained in narcotics and patrol.

Chief Terribile said they would research this and consider in the 05-06 budget deliberations.

4.4              Budget/Finance

4.4.1        2005/2006 Budget

Commissioner Barrett said the issues they discussed at the last meeting remain the same.  He added that replacement costs are an issue due to on the job injuries and this year they have had a lot more of those.

Chairman Cole said to keep in mind that when they normally project replacement costs they use a three year average, which reflects the highs and lows.  This year, however, they were told to give a more moderate figure and it was indicated by the commission that it might not be enough because every year is different.  He added that this year is different.

Chief Terribile explained the different accounts and how even if some is taken out of replacement due to injuries, they make up a portion of that in salaries because of worker’s compensation payments.  He added, however that they are only reimbursed 66 percent of the officer’s salary and they have to pay replacement costs at time and a half.  Chief Terribile made some projections and believes the replacement line will have a deficit of about $68,000.

He added that with regard to fuel, projections are showing a deficit of about $15,216.73.  Chief Terribile said they budgeted $1.63 a gallon, which seemed like it would be okay, however that is not the case now.  He added that they are looking to make reductions by putting bike patrols out, but they can’t stop doing police work.

Chief Terribile said all the other line items look okay and it is still early in the year.  He added that he has tried to cut back as the commission has heard tonight, because it is his responsibility to bring the budget in line.  Chief Terribile said nobody’s safety will be jeopardized. He added that he has asked that some training which is not mandatory be stopped to save some replacement money.

5.         Monthly Reports

            None

6.         Old Business

            None

7.         New Business

            None

8.         Police Personnel Comments.

Motion:           Upon a motion made by Commissioner Barrett and seconded by Commissioner Dostert, the commission voted unanimously to add to the agenda an executive session to discuss personnel.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett and Dostert

                        Opposed:         None

                        Abstaining:      None

Motion:           Upon a motion made by Commissioner Barrett and seconded by Commissioner Dostert, the commission voted unanimously to enter into executive session at 6:48 p.m. for the purposes of discussing Personnel and they invited Police Chief Terribile and Deputy Chief Hutchinson.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett, and Dostert

                        Opposed:         None

                        Abstaining:      Non

Motion:           Upon a motion made by Commission Barrett and seconded by Commissioner Dostert, the commission voted unanimously to return from executive session and reenter public session at 7:01 p.m.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett and Dostert

                        Opposed:         None

                        Abstaining:      None

                        Upon returning from executive session, no motions were made and no action was taken.  The commission adjourned the meeting.

Motion:           Upon a motion made by Commissioner Barrett and seconded by Commissioner Dostert, the commission voted unanimously to adjourn the meeting at 7:02 p.m.

Vote:               In Favor:         Chairman Cole, Commissioners Muccilli, Barrett and Dostert

                        Opposed:         None

                        Abstaining:      None

                                                                                    Respectfully submitted,
Traci K. Brinkman
Acting-Clerk
Board of Police Commissioners


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