The Dec 10 Personnel meeting minutes - the CPD

Here are the not-yet-adopted minutes of last week's Council meeting on the CPD 'no confidence' vote. Most of my questions relate to the chronology of events that I requested from the TM on November 10 and posted here on December 10.

MINUTES OF THE CHESHIRE TOWN COUNCIL JOINT PERSONNEL COMMITTEE AND SPECIAL TOWN COUNCIL MEETING HELD ON THURSDAY, DECEMBER 10, 2009 AT 7:30 P.M. IN ROOM 207, TOWN HALL, 84 SOUTH MAIN STREET, CHESHIRE CT 06410

Present
Town Council Chairman Timothy Slocum; Vice Chairman David Schrumm; Justin Adinolfi, Michael Ecke, Andy Falvey, Anne Giddings, Thomas Ruocco (Personnel Committee Chairman), Timothy White.
Absent: James Sima.
Staff: Michael A. Milone, Town Manager; Louis Zullo, Personnel Director; Police Chief Michael Cruess.
Others Present: Members of the Cheshire Police Department Union.

I. ROLL CALL
The clerk called the roll and a quorum was determined to be present.

2. PLEDGE OF ALLEGIANCE
The group Pledged Allegiance to the Flag.

3. POLICE MEDIATION FACT FINDER.
Personnel Committee Chairman Ruocco thanked everyone for attending the meeting.

Mr. Ruocco stated that on October 2, 2009 he received a letter from the President of the Police Union, and he read an excerpt from the letter into the record which requests an immediate and impartial investigation to be conducted regarding the important concerns cited in the letter. Mr. Ruocco noted that these concerns were the reason behind the vote of no confidence. This is the reason why this meeting is being held – to address this matter. A few options have been looked at, all have been read, and the Council will undertake a fact finding effort as stated in the resolution for this meeting.

Mr.Ruocco said that the Council needs to hear from a mediator, and said he has not had direct contact with the Police Chief or the police officers in order to stay impartial. He noted that he has heard things from third parties, but wants to hear facts from a mediator. Vendors have been identified who can offer comprehensive services with good experience in dealing with police matters.

MOTION by Ms. Giddings; seconded by Mr. Ecke.

BE IT RESOLVED that the Town Council approves Resolution #121009-1.

RESOLUTION #121009-1

WHEREAS, the Town Council has considered options for reviewing management and labor relations issues within the Cheshire Police Department, and

WHEREAS, the International City/County Management Association (ICMA), through their Public Safety Services representative, Leonard A. Matarese, has provided an initial proposal that includes the following: IMCA police experts will perform an on-site visit and conduct a preliminary assessment of current department operations, and identification of specific areas for further detailed study, and will then prepare and deliver a report that will serve as a recapitulation of initial findings, as well as a detailed description of those areas that require further detailed study, and will include a description of study methods, pricing information, and a schedule/timeline for performance of the identified services. This initial report will be provided within an estimated time frame of 30-40 days from the time of initial engagement. It is expected that the fee for this initial assessment will not exceed $5,000.

NOW, THEREFORE, BE IT RESOLVED, that the Town Council authorizes the Town Manager to engage the services of ICMA as per the terms above, with funds made available through the existing appropriation/encumbrance for the Strategic Plan.

Discussion
Mr. White stated he wanted to understand the situation as addressed by the Town Manager. Mr. White received a time line from the Town Manager on the subject matter and asked Mr. Milone when was the first time he heard about the concerns voiced about Police Department.

Mr. Milone said he did not know.

Mr. White said he mentioned it before September 2008. He read from the chronology about the concerns about the Chief’s management style and asked if Mr. Milone had any concerns about this, and if there are operational issues based on what he knows today.

Stating he would defer to the experts on that, Mr. Milone said one important issue is the rules and regulations which need to be updated, after 25 years. They appear to be an integral part of any department operation, and this is a priority in terms of operation of the department. Beyond that, without having the knowledge of the consultant, Mr. Milone said he was not prepared to talk to that issue, especially given the circumstance here tonight and those present.

Mr. White said the time line shows a discussion started on September 28, 2008 and February 19, 2009, and asked Mr. Milone if he or his staff received feedback from the union on their concerns.

In response, Mr. Milone said he never had a formal meeting with the group but did talk to people individually as indicated by the sequence of events written out.

Mr. White read more from the time line memo, and asked about meetings every two weeks for about two months, end of February to end of April.

Mr. Milone said it was in that time range.

Chairman Ruocco stated he was not sure what Mr. White is asking is relevant to the resolution as it does not speak to the performance of the Town Manager.

In reply, Mr. White said he is doubtful he will support the resolution, but wants to conclude whether the Town Manager has done all in his power.

Mr. Ruocco also stated to Mr. White that he does not think the Town Manager is not subject to questioning by the mediator, and the scrutiny will be there.

Mr. White read further from the chronology and asked if the newsletter is ongoing.

Mr. Milone believes it is since it is a periodical newsletter.

Mr. White asked if the Town Manager has had positive feedback about the newsletter.

Mr. Milone has not spoken specifically to people about the newsletter and its impact on the department.

In the time line memo Mr. White pointed out that the Chief was directed to delegate much of the day to day operations to Deputy Chief Popovich, and asked what operations were to be delegated.

Mr. Milone said it was the regular administrative duties that go along with managing a department, they are still delegated and to a greater extent.

Mr. White asked about improvements made to the kitchen and training room.

Mr. Milone said he believes they have been implemented.

Mr. White asked about the establishment of scheduled regular union e-board meetings to include the command staff and if this has happened.

Mr. Milone said yes.

Mr. White asked about meetings between the police chief and union president.

Mr. Milone believes these have happened, but cannot state with certainty if they continue to happen, and has it helped…he cannot state conclusively. But, he noted that communication of any type is a step in the right direction, and is a positive initiative. The fact that there is an attempt to communicate is important.

Mr. White asked about the sergeant’s exam moving forward and if this process has been formalized and accepted by all parties.

Mr. Milone said the exam has been conducted and a sergeant was promoted about 3 weeks ago.

Regarding the May 21st letter and meeting with the e-board by Mr. Milone and Mr. Zullo, the question was asked by Mr. White about a document detailing issues previously discussed, and if it contained issues or concerns in which the Town Manager was personally involved.

Town Manager Milone asked for clarity on the question posed. After some clarification, he said no concerns raised included him. They talked about the chief. It was reiterated, in writing, the concerns raised over the course of the preceding months. It is an item discussed extensively with the Council at the July or August meeting in executive session.

Mr. White questioned the Town Manager whether the town’s labor attorney has discussed this document with the union’s attorney.

Mr. Milone stated that he has not shown that document to the labor attorney.

Mr. White commented on the union leadership being unwilling to participate in a meeting and asked about retaliation in the police department as a concern.

The concern was respected and Mr. Milone said he respected it.

In the time line memo Mr. White said Mr. Milone wanted to have a meeting with specific illustrations from those affected, and he asked if the May 21st document provided any illustrations.

Mr. Milone said “yes”, but in the absence of someone sitting across the table from someone else, and expressing their concerns, and allowing that person to hear the concerns and give their side of the issue and response, the simple statement of it does not have the impact that it has when two parties are together discussing what went down.

Mr. White stated he agreed. He also commented that some things in the report from the Town Manager are good and progress is being made. With regard to the July 23rd and September 28th meetings, he asked why it took two months to schedule the September meeting, and if this is typical of personnel best practices.

Given all that transpired at the July 23rd meeting, Mr. Milone said much work could be done behind the scene, and to schedule another meeting would not generate what he hoped would be a productive and positive outcome. Coming out of the meeting he did not get the sense of the level of urgency which the police union was feeling.

Mr. White said the concern for him is not getting clear information on the state of the department and employees, hearing things from people he knows and he feels people were trusting him and this did not exist with the Town Manager.

In response, Mr. Milone said he never felt the claims were frivolous, and he took them very seriously, and took whatever action he could given the circumstances. One thing he realized was that in order to have a resolution an intervention was needed. This meant having the parties across the table indicating the issues of concerns, with specific dates and times and allowing the chief to respond to those questions.

Mr. Milone said he also heard things, and every time he did, there would be a variation of something from someone else. The only way to ascertain the accuracy of what was being said was to get the complainant in the room with the chief. This was the only way to get to the heart of some of the issues, and that was virtually impossible to achieve. Mr. Milone said this does not mean he did not take this seriously, it just meant that the way it had to be resolved was to get the parties in the room and this was impossible.

Mr. Slocum said he appreciates the fact that some of the Councilors did not have the benefit of hearing the consultants speak, and there will be questions raised. He stated he will support the resolution because of the process that took place where two representatives came into the room. ICMA group was more specific to fact finding, problem finding, and coming up with identification of issues which could make some of the labor relations components go away with some organizational changes. This was a positive statement from the ICMA team. It also shed light and gave him a different perspective on the matter. He is supportive of the approach of bringing in the consultant and then the Council can decide if it wants to go further. More importantly, Mr. Slocum said he thinks that because of some of the questions raised to the Town Manager it is reasonable to conclude, in fairness to all parties, that there is a need for an independent fact finding effort to arrive at answers to these issues. His only concern in going forward is that the department is left whole, staff is left whole, the chief is left whole and public safety goes on and is improved. It will be a worthy investment.

Mr. Adinolfi has reviewed the Town Manager’s document. He asked whether all the parties involved (Chief, Town Manager, Union) agree this is the way to go. If they are not in agreement about bringing in a mediator, it will not work.

Stating he could not speak for other parties involved, Mr. Milone said he is supportive of the mediator and the report which would be forthcoming to the Council.

Mr. Ruocco said there has been indication from a third party that this is a favorable approach.

It was pointed out by Mr. Milone that 10 firms could be brought in, but he does not know there would be unanimity among everyone on any one of these firms.

Mr. Adinolfi stated that without all parties in favor nothing will work. There seems to be such unwillingness to meet together and talk, he questions whether they will talk to the fact finder. If they are agreeable it is sometimes difficult to work with difficult parties so there is good flow of information. He asked why ICMA was chosen over the other firm.

Ms. Giddings was at the meeting for the presentations and was impressed with ICMA and the fact that they had a large amount of experience with police organizations which are not the same as other organizations. She noted that the ICMA people are former police officers and she feels more confident in their abilities. These people will come in with a background and an understanding of how the police department is run, organized, and the proper procedures.

Mr. Adinolfi asked about the procedures about the operation and procedures being out of date by decades, and if there is a concern there.

Mr. Milone explained that the department has wanted to embark on updating the rules and regulations. The consultant said this is a good place to start in resolution of a situation of this kind. The issue is not simply personalities, it is organization, and this organization has operational things which could be inherent in creating issues which would otherwise not be present. The chief had suggested updating the rules and regulations, and when it was mentioned to the fact finder he said this was a strong and positive way to start this process.

Regardless of what happens, Mr. Milone said there will be a revision of the rules and regulations of the police department.

Ms. Giddings asked if it was true that the police department is going through an accreditation process. She said such a process can be helpful and having the fact finder can make recommendations for changes which will help the accreditation process.

Mr. Slocum stated that one of the reasons he supports this resolution is that to do nothing is creating a problem because the union has made it clear they are unhappy. Because of that we don’t know the measures to make them happy, and Mr. Milone and the chief cannot speak to that, and the Council is not going to the officers to find out. The Council cannot expect the Town Manager to be in the police department one day a week because this is unreasonable. If the result is facts we do not like then this Council will have to take stronger measures.

Stating here agreement with Mr. Slocum, Ms. Giddings said this has been ongoing since September 2008, this is not the time to try more of the same without satisfactory results.

Mr. Schrumm stated he was not interested in the past, but what is going on now and in the future. He is interested in getting the facts and this is why getting the fact finder is the only path to take. He is not interested in opinions, hearsay, rumors, blog postings, and interested only in the facts. If there is one department that has responsibility, from the chief to the newest member, it is the police department which should be able to come up with the facts. When two parties cannot get into a room together, this bothers him, and Mr. Schrumm said especially with the department which should be driven by facts. He commented on arrests not being made on opinions, personal agendas, union membership, etc. but arrests are made on facts. When this fact finder comes in, and there are issues, he hopes that both sides sit down and talk about facts and be fair to everyone. Sooner or later a judgment will have to be made, and it cannot be made without solid facts. With a neutral third party, Mr. Schrumm hopes all the facts can be known, deal with the issues, and get to the bottom of it. He noted that people want to work in a place where everyone gets along and people do a professional job. This is the only way to go and ICMA is a good organization.

Mr. Falvey said he would support the resolution because it makes sense. There have been ongoing issues and we have not gotten to the bottom of it. The very nature of a police department has something to do with that due to a chain of command. He is unsure of the term “para-military” is correct, but in that realm you have ranks. Having a true independent outside person or firm talking to all parties gives each party an opportunity to express thoughts and opinions and their version of the facts, which people may not be willing to disclose in the chain of command. Mr. Falvey believes it is not a matter of a break down, but a matter of having an outside, independent, does not care person gathering those facts. Then the Council can decide the true nature of the issues and make a decision on what to do. Having sat in on the presentation meeting, Mr. Falvey said he is comfortable with ICMA, and will support the resolution.

Once this report is given to the Council, Mr. Slocum said it goes to Mr. Milone and it becomes something the Council discusses in open session, or executive session.

Mr. Milone advised that it depends on the nature of the report how this plays out. Most, or all of it, will have to be in open session unless there is something which ICMA presents which is sensitive and should not be discussed openly. Mr. Milone said he hopes that, if that is the case, he will ask ICMA to separate sensitive portions from the report so the Council does not have to redact it, but simply have a reference to information that is sensitive and subject to FOI to be submitted as an appendix only for certain individuals.

Mr. Slocum stated that town management is part of the fact finding endeavor and Councilors are not part of the day to day operation of the town. ICMA stated it is a report to the Council, and this is the way, from a public point of view, that this is the way it is done.

According to Mr. Milone this is not dissimilar to an audit report. The Council appoints the auditor; the auditor reports to the Council; and staff acts as the facilitators to provide information for them to perform their various functions.

Mr. Adinolfi asked whether there is a formal proposal, what CMA will do, and what is the scope of their fact finding.

Stating he does not intend to support this, Mr. White said there is value in it. We need to get the facts on the table as this has gone on for more than a year. He said the town has a well paid Personnel Director and mediation and addressing employee relations is part of his job description. He suggested giving the Town Manager another three months to mediate the conflict, and if staffing changes need to be made they happen.

PUBLIC COMMENTS
Kerry Deegan, Police Department Union, stated that the union is in support of ICMA which is the firm the Council has chosen. He attended the meeting, heard the presentations, and was impressed with what the firm has to offer.

Chief Creuss stated that staff and administrators of the Police Department were also in support of this from the start to determine any changes which will benefit the department.

There were no other public comments.

Councilor Ecke stated that this is a serious situation and he has heard much about this in the last few months. He is impressed with ICMA. Mr. Ecke questioned whether the Planning Committee has looked at this resolution because it is taking money from the Strategic Plan update which was budgeted for last year. By taking this money this Plan may not be updated.

Mr. Schrumm said there was a sense that the Council would not be going forward with updating the Strategic Plan and this is a good way to spend the money. This is a serious amount of funding and it is unlikely that the Strategic Plan update will take place, and if it does take place, funds could come from the contingency or another place to fund it. Mr. Schrumm stated that this is a Strategic Plan for the Police Department.

A group is being hired and Mr. Ecke cited an excerpt from the minutes of the meeting in which ICMA stated that “if the department does not have an articulate strategic plan that it should be the end result of the final analysis.” It also stated that in order to steer the ship you need not just to put the right people in the wrong place but try to insure there is a well delineated process and what the goal is. Clearly, the goal is that the group being hired believes the Police Department should have a Strategic Plan in place. He commented on the Council not doing strategic planning when, in fact, that plan may have helped this situation in the Police Department.

Mr. Schrumm stated that if we have to go forward with a more in-depth Strategic Plan for the Police Department, then more of the money could be used for this purpose. He asked how long it has been since the Town’s Plan has been updated.

Mr. Milone responded that it is about 7 years.

Mr. Ecke said he has heard for the last four years that there are qualified people in Town offering to do things for free, and this should be used as an avenue to save the Town money. He is not saying the person who offered is qualified to do this or would do a good job, but knows the person casually and of his professional reputation. Mr. Ecke does not think there was a meeting with the individual who offered to do this service, and it would have been worth taking 5 or 10 minutes to talk to this person and determine if he could have done the fact finding for free and save $5,000.

It was stated by Mr. Ecke that the engagement letter from the consultant is an invitation to spend more money in the future once the report is produced with items to go forward. He asked whether putting out this $5,000 is not addressing the full potential costs involved. There is potential for $125 per hour and this could be very expensive in the long run. Once the Town spends the $5,000 the Council will need to allocate the resources which may be necessary to make the problem better and do what needs to be done. Mr. Ecke has concerns that this is a short band-aid rather than sitting down with the process being the end in mind.

Ms. Giddings reported that she did not learn until yesterday about the person in Town. However, in any situation it is essential to find out the facts. For more than a year facts have not been determined by qualified staff who work in Town Hall. Without the facts the Council cannot make any type of presumption or accurate plan of what might be needed, what could be needed, what could be done by staff or others. Ms. Giddings is concerned that facts could not be determined within a period of time, and she would like to know what the situation is. In order to do that, given the comments and background from the Town Manager, it is clear to her that this cannot be done except by someone who is perceived by both parties to be completely independent, an outsider, who could come in and gain the confidence of both parties. It is true we have many qualified people in Town, but Ms. Giddings said that even with her past experience she would not touch this situation. We need an independent person, someone experienced with a police department, and someone who is not in this Town.

It was made clear by Mr. Ecke that something needs to be done, and the facts are needed and the issue must be addressed. He thinks there were other avenues which could have been considered.

Ms. Giddings stated this has gone on for more than a year, and she wants someone who can give her the professional guarantee. She is extremely reluctant to spend Town money, but this must be done, and we owe it to the Police Department and the Town to get the facts. We need to have an independent person, who has the confidence of both parties. Ms. Giddings said we must get this done.

Mr. Adinolfi commented on it being time for an independent third party, and asked about the total cost involved, and if this was defined by each firm.

Mr. Ruocco stated it is his understanding that these costs will be laid out in the report, and will be determined based on the fact finding.

Mr. Adinolfi said he would expect some range of costs from this firm based on their experience.

Ms. Giddings stated that both groups stated they were unable to give an estimate until all the facts are there.

This is an important issue for the Police Department and the Town, and Mr. Adinolfi said he wished there was some time given to Mr. Grimshaw to come in and give a presentation to the Town.

Stating he knows Mr. Grimshaw and his work, Mr. Schrumm said in this case the Town needs a totally independent third party, from out of town, with vast experience in municipal type of issues. In phase #2 the ultimate costs will be known after the facts are known. Going to a totally independent outside party disconnected from the Town and with experience can take us to the next phase. This is the most logical path to take.

Mr. Ecke stated he would support the resolution as it is the right way to go. But, he is disappointed that we have reached the point that, with professional staff, we have to bring in someone from the outside to mediate a problem. It never should have gotten to this point, and there should have been ways for professional staff to deal with this and not cost the taxpayers $5,000.

Agreeing with Mr. Ecke’s statement, Mr. Slocum said he believes there has been a breakdown between the Police Department, Police Department Management and Town Hall management. Town staff understands that, and that makes this issue even more important to determine and go forward.

Mr. Adinolif expressed his disappointment at where we are at in this matter, and is more concerned about the lack of willingness to sit down at the table. This could be the stumbling block for ICMA. This is the issue of more concern to him. Without two parties coming together and talking, the parties cannot work things out.

It was noted by Mr. Ruocco that this problem did not happen within the last two weeks, but has been going on for a while. Town staff has tried to address the situation and it got worse. He can only charge accountability to the Town Manager for putting forth the best possible effort to make this work.

Mr. Ruocco asked all parties involved to cooperate to the best of their professional ability. He does not like spending the $5,000, but it is the right thing to do, and ICMA is the best qualified to deal with police matters.

VOTE In favor – 7; Adinolfi, Giddings, Ruocco, Ecke, Slocum,
Falvey and Schrumm.
Opposed -1; White.
Absent -1 Sima
The motion passed 7-1-0.

I know this is a lot to digest, but I hope you take the time to read it and offer your thoughts. Oftentimes, I break down these longer pieces into smaller parts. But I think this needs to be taken in its entirety.

Tim White