#MiddleburyCT #PoliceDepartment
By MARJORIE NEEDHAM
The Connecticut Labor Department Board of Mediation and Arbitration has 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 Board found in its arbitration award that the termination was not for just cause, and the officer “shall be reinstated with full back pay and made whole for his losses.”
The awards, which are public information, were announced late Friday afternoon, May 31, 2024, but town officials had not publicly commented on them pending dissemination of a press release by attorney Thomas Parisot, who represented the town in the matter. This reporter left Parisot a June 3 message requesting the press release. No response to her request had been received as of 5 p.m. on June 4. First Selectman Edward B. St. John said he will comment on the awards after he has spoken to Parisot.
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. Those failures led the Board to its support of 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 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 (and Ireland). 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 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, instead 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 compared to 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.
