#MiddleburyCT #PoliceUnion #Arbitration
By MARJORIE NEEDHAM
A Connecticut Labor Department Board of Mediation and Arbitration panel unanimously ruled in favor of two former Middlebury police officers, Alton Cronin and Randy Ireland, who were abruptly terminated “for serious misconduct” by the Middlebury Police Commission during its July 8, 2019, meeting. In each case, the panel found in its arbitration award that the termination was not for just cause, and the officer should be reinstated and made whole for his losses during the past five years.
Attorney Jeffrey Ment, who represented the officers, said unanimous rulings are unusual. Each panel comprises three members: one representing labor, one who is neutral and one representing management. Ment said more often than not, the neutral member joins either the union or management representative in voting, so most votes are 2:1. He said the unanimous vote in these cases meant the management representative felt the town had no case. He said, “I’ve never seen anything like this in 33 years. I’ve never had all three panel members vote the same way.”
The detailed award report for Officer Cronin noted that an investigation had uncovered proof of guilt by showing that, on 15 occasions in a four-month period while working the midnight shift, Cronin did not once leave police headquarters during the time he was supposed to be on patrol. He was, therefore, “failing to perform an essential function of his duties as a police officer on at least those occasions.”
Despite the proof of guilt, the report points to more than one failure by the town to adhere to Collective Bargaining Agreement (CBA) and/or Administrative and Operations Manual (A&O Manual) procedures. The report said those failures led it to support the officers.
The investigation that uncovered Cronin’s failure to patrol was performed by Amy Von Culin, a civilian employee of the town, at the direction of First Selectman Edward B. St. John, also a civilian. The Police Officer’s Bill of Rights included in the report states that a complaint by a civilian against a police officer must be in writing and signed and sworn to before an official authorized to administer oaths before it can be considered cause for discipline. The report says the requirements regarding investigation of civilian complaints were not followed.
St. John had also directed Von Culin to conduct her investigation in secret and let no one know she was investigating Cronin. The report says this is a direct violation of the CBA and A&O Manual.
The A&O Manual says “all employees shall be notified in writing when they become a subject of an investigation,” except when a criminal violation is involved. Officer Cronin was not notified he was being investigated. In addition, no internal affairs investigation was conducted and so no internal affairs investigation report was written.
The report also concluded the investigation lacked fairness and objectivity and questioned whether the employer’s treatment was even-handed and non-discriminatory. It pointed out that the Police Union had recently filed suit against the town regarding the salary used in calculating pension benefits. At the time, Cronin was president of the Union and Ireland was its treasurer. Cronin also was six months from being eligible for his pension when he was terminated.
Witness Ned Love testified St. John said Cronin would never get a pension from the town. St. John testified he never said that.
The report also concluded termination was too severe and went on to say the investigation was so flawed and the contract violations so extensive no disciplinary action was appropriate.
In Ireland’s case, the town argued the evidence showed he also failed to perform his duties by remaining at police headquarters during his patrol shift on multiple occasions. The town said he and Cronin spent the largest amount of time at headquarters during their shifts than the other police officers.
The union pointed out this was Ireland’s first offense, and he should have been notified of deficient performance. He also had had no prior discipline. The union said the lack of forewarning by the Police Department violated the CBA and made the investigation inherently unfair.
The union also said the GPS data was inconsistent and the video evidence provided an incomplete picture of Ireland’s duties. The union claimed the town’s investigation of Ireland was retaliatory in response to the pending litigation between the town and the union over pension benefits and Ireland and Cronin were singled out due to their positions as union officers.
Another issue raised by the union is that the CBA states discipline shall be progressive. Per the July 8, 2019, Police Commission minutes, no disciplinary options other than termination were suggested.
Following release of the reports, the Middlebury Democratic Town Committee (MDTC) and Selectman Jennifer Mahr commented on the possibility of appealing the panel’s decision. The MDTC issued a press release stating it “is opposed to spending our tax dollars on this appeal.” It also called for the resignation of the first selectman and the town attorney, although it did not specify which town attorney.
Selectman Mahr posted on the Middlebury CT Neighborhood page on Facebook, stating “the authority to make a decision to appeal rests solely with the Board of Selectmen. There is no automatic appeal process, the First Selectman cannot unilaterally make this decision, and Middlebury voters are entitled to an informed, on the record discussion that weighs all options before a decision is made.” She also said “Ultimately, I do not support spending more tax dollars to chase an impossible verdict. The Town of Middlebury lost its contract dispute with the police union (all the way to the Supreme Court) and it has lost the arbitration hearings. It’s time to move on, to make things right, and to do our best to never be in this circumstance again.”
