By Martin B. Cassidy
Staff Writer
September 7, 2007
In a searing decision that castigates the town for arrogance and
flouting state employment law, a state Superior Court judge has
ordered Greenwich to promote a police lieutenant to captain,
ruling that another officer was illegally promoted to the post in
2003.
Superior Court Judge Michael Shay promoted police Lt. Gary
Honulik, a 34-year veteran of the force, to captain, in his
ruling Tuesday, finding that former Chief James Walters broke the
town's long-running merit promotion process when it promoted
Michael Pacewicz instead of Honulik, who was the top scorer on a
June 2003 promotional exam for the post.
Shay also ordered that Pacewicz be removed as captain, because
his 2003 promotion by Walters and other defendants, including
First Selectman Jim Lash and former Human Resources Director Al
Cava, was illegal, the decision said.
Shay said that both Honulik and Pacewicz have been harmed by the
town's actions that violated civil service selection procedures,
which limit discretion and establish "reasonable
expectations for recognition and advancement."
"Sadly, this lesson was lost upon the Town of Greenwich and
the individual defendants, Walters and Cava, as well as the First
Selectman, James Lash, who, with arrogance and the misguided
notion that their actions have all been for the good of the Town
of Greenwich and the Greenwich Police Department, have created a
situation where two dedicated, loyal and long serving public
servants now find themselves on opposite sides of this litigation
and many rank and file members of the Department find themselves
at odds with higher authority," Shay wrote.
"Certainly this situation neither is what the people of
Greenwich bargained for in the selection of their public
officials, nor do they deserve, especially with regard to such a
vital public service," he wrote.
Throughout his decision, Shay repeatedly rebuked the town and the
police department, writing at one point that "Walter's
testimony is simply not credible," and that the town
"has not acted in good faith during the course of this
litigation."
Honulik sued Walters, the town, and others in 2004, claiming
Walters should have promoted him to captain because of the town's
virtually unbroken practice of promoting the top scorer on police
promotional exams.
After Honulik got the top score on the test, Walters added an
oral interview to the process, and then promoted Pacewicz.
Multiple witnesses testified that this went against all prior
hiring practices, prompting Shay to write in his decision that
the existence of the hiring process rules Honulik claimed were
not followed echoed throughout the testimony and evidence
"like the chorus in a Greek drama."
The result, Shay said, was an unfortunate situation for all
parties concerned that left him with few options. Though the
ruling rewards Honulik, it only does so by Pacewicz' pain. The
judge blamed the town for putting the two men into that
situation.
Shay wrote, "The town of Greenwich, through its agents and
servants, has not only failed to resolve this matter equitably,
but during the course of this litigation, it has also made the
situation worse, with its thinly-disguised efforts to assure the
results desired by Walters and Lash, regardless of the outcome of
these legal proceedings É as a result, there is no easy way for
the court to untie this legal 'Gordian Knot,' but to slice
cleanly through it."
First Selectman Jim Lash said the town is weighing whether it
will appeal the decision.
Lash declined further comment, and Pacewicz, Walters, and current
Police Chief David Ridberg, who was not named in the suit,
declined to comment.
Honulik said only, "I think the decision is self explanatory
and stands on its own."
Though Shay rejected a claim that Walters' actions were
malicious, he did find that Walters was biased toward Honulik and
that this played a role in the promotion of Pacewicz.
At trial Walters and Honulik acknowledged previous disputes,
including a 2002 argument after Walters denied Honulik permission
to swap shifts. Honulik testified he told Walters he needed the
swap to take his wife to the hospital, but Walters said he was
not told about the family illness.
In response, Shay wrote, "Given Honulik's contemporaneous
account of the incident, Walters' belated expression of support
simply does not ring true."
Walters also maintained in his testimony that prior disagreements
did not influence his choice of Pacewicz over Honulik.
Shay disagreed, writing, "His failure to promote Honulik was
motivated by bias against Honulik and favoritism toward
Pacewicz," and that witnesses' testimony "lend credence
to the assertion that (Walters) harbored some ill will toward
(Honulik)."
Town Attorney John Wayne Fox said the town did not agree with
Shay's finding that Walters showed bias towards Honulik.
"In any litigation there are findings of fact and in this
case there are findings that with all due respect we disagree
with," Fox said. "In his testimony at trial the chief
expressed a very strong opinion that there was no bias."
Honulik's attorney Kathryn Emmett said the decision was a
vindication of Honulik's position that the town's policies
required the top scoring candidate to be promoted.
Town officials acknowledged in their statements before the court
that in the past decade, except for one case involving discipline
problems, Honulik was the only top ranking candidate who was not
given a promotion.
"I think the decision speaks for itself," Emmet said.
The town has until Sept. 24 to file an appeal of the decision.
Should the town do so, the verdict also ordered that an
injunction blocking a planned reorganization of the department's
upper ranks and the hiring of new captains and deputy chiefs
should remain in force.
In January as Honulik's trial neared, the town announced a plan
to reorganize the police department which would have promoted
Ridberg and Pacewicz to deputy chief, complicating Honulik's case
should Shay decide that the captain job was rightfully Honulik's.
Shay blocked the promotions, but later both sides in the case
agreed to let Ridberg be appointed deputy chief.
Shortly after the plan was announced, the Board of Selectmen
voted to recategorize the deputy chief position, Shay noted,
which would allow them to appoint a candidate who was not the top
ranked on an eligibility list.
"The reorganization of the upper ranks of the Greenwich
Police Department and the amendments of the qualifications for
the position of Deputy chief while ostensibly instituted as part
of a succession plan for the department were in fact, part of a
pattern to advance the career of Pacewicz and to hinder the
advancement of Honulik," Shay wrote.
Fox countered that the town has been reorganizing and
declassifying positions throughout town departments over several
years, and that it was not timed to interfere with Honulik's
case.
Shay also awarded Honulik more than $75,000 in back pay and
interest, as well as legal fees, which Emmett said could total
more than $250,000.
Fox estimated the town has spent more than $200,000 in legal fees
on the case.
Sgt. James Bonney, the president of the Greenwich Silver Shield
Association, the police union, said that he believed the verdict
has validated many of the complaints the union has made about
Lash and the former chief in recent years.
"I'm very happy for Gary but I feel bad for Mike Pacewicz
because he is a nice guy," Bonney said. "Personalities
aside, I think to have a third party, a state Superior Court
judge, to rule against the town and criticize their arrogance
shows how decisions have adversely effected this town and
department."
Copyright © 2007, Southern Connecticut Newspapers, Inc.