Middlebury officers suspended

#Middebury #Police

By MARJORIE NEEDHAM

Meeting minutes sometimes offer up unexpected information – like the fact two Middlebury police officers have been suspended. The June 12 Board of Finance meeting minutes state Chief Financial Officer Lawrence Hutvagner reported “the police department (budget) will be over due to an increase in overtime associated with two officers being suspended.” And the Police Commission’s June 10 meeting minutes state Chief Dabbo reported the department was down two officers.

Officials in town are declining to say much about the early June suspension of the two officers. Police Chief Fran Dabbo’s response to an email request for more information about the suspensions was “please contact Bob Smith with any questions you may have.” Smith is the town counsel.

Calls to Smith’s office initially went unanswered. When he did call back Wednesday, he said he had nothing to add to what First Selectman Edward B. St. John said (see below). He did share that another attorney, whose name he would not reveal, is handling the matter.

Despite officials’ reluctance to talk, this reporter has been able to gather some information about the situation, including the names of the suspended officers. We have, however, decided not to publish their names at this time.

Dabbo was willing to discuss how the department, which has 11 full-time officers, is compensating for the loss of two officers who each worked 40-hour shifts. He said a part-time officer is filling one of the shifts and full-time officers have been able to cover the other shift by working overtime.

First Selectman Edward B. St. John said Tuesday there will be a Board of Police Commissioners hearing on the matter Monday, July 8. He said, “Until they get to the hearing phase we are saying nothing unless legal counsel advises me otherwise.”

He said the police department was doing its best to fill the hole and was managing well. As for the upcoming hearing, he said he did not want to jeopardize the town’s position, and he wanted to follow due process. “We need to do it the right way and get through the process fair and square,” he said.

The police union’s contract with the town states no employee can be suspended “except for just cause.” It states the suspension will be with pay pending investigation “for a period not to exceed ten (10) working days,” but also says the time line may be extended by mutual agreement. The current contract between the town and the United Public Service Employees/Cops Division expired June 30, 2017, and a new contract is still being negotiated.

This paper has submitted to Chief Dabbo a Freedom of Information Act request for the disciplinary action records. Attorney Tom Hennick of the Connecticut Freedom of Information Commission said police disciplinary records are “generally available” and precedent has been set for departments having to turn over those records in most cases.