Greenwich loses police lieutenant suit, considers appeal

September 13, 2007

If the town was expecting a sympathetic reaction from the court over police Lt. Gary Honulik’s lawsuit against it, it received a rude awakening last week.

Superior Court Judge Michael Shay handed down a blistering decision in Lt. Honulik’s favor that called First Selectman James Lash, former Chief of Police James Walters and town Director of Labor Relations Al Cava “arrogant” and said the case served as a “cautionary tale” for municipalities to honor both written and unwritten agreements and act “fairly and courteously” toward town employees.

Lt. Honulik sued the town in 2004 after he was passed over for promotion by then Chief Walters, despite receiving the highest score on the captain’s examination. The suit claimed Lt. Honulik had been deprived of due process and equal protection.

Judge Shay found that Mr. Walters had abandoned an already existing system for evaluating officers up for promotion and substituted his own system without letting candidates for promotion know. The system had been based entirely on performance on the exam but Mr. Walters added personal evaluation to the criteria. The judge also criticized Mr. Lash and Mr. Walters for creating a system of succession and promotion in the department before the suit was decided.

“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, in particular with the implementation of the procedural and structural changes to the upper ranks of the Greenwich Police Department (GPD) and the application process which had been adopted earlier this year,” Judge Shay wrote.

Mr. Lash told Greenwich Post on Tuesday, “The judge is certainly entitled to his opinion,” but said he didn’t believe he was wrong to set up the system of succession in the department. Mr. Lash said without it there wouldn’t have been anyone in place to succeed Mr. Walters when he retired. Mr. Lash said he had been working for the past three and a half years to set up succession plans in all town departments to provide advancement opportunities, and added without the judge blocking all promotions in the GPD during the proceeding there would have been even more advancement for officers.

“Personally I think it was the right thing to do and I would do it again,” Mr. Lash said.

In his decision, Judge Shay ordered Capt. Michael Pacewicz, who was promoted over Lt. Honulik, to cease operating as a captain and that Lt. Honulik be promoted retroactively to June 17, 2003, which would make him eligible to be awarded lost pay and benefits. He also continued an injunction he imposed that has prevented the town from making any hires or promotions to the captain or deputy chief ranks until the order was either complied with or the appeal had been settled by the courts.

In addition to paying Lt. Honulik lost pay and benefits, which totals close to $75,000, the town is also now on the hook to pay Lt. Honulik’s attorney fees.

“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 thereby 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,” Judge Shay wrote. “Certainly this situation is neither what the people of Greenwich bargained for in the selection of their public officials nor what they deserve, especially with regard to such a vital public service.”

The town has 20 days starting from the judge’s ruling on Sept. 4 to decide whether to appeal the decision. Town Attorney John Wayne Fox said the town has not decided, but hinted an appeal was likely.

“We’ve had a series of discussions about this and we feel there are a number of very viable areas where we could appeal,” Mr. Fox said.

Mr. Lash said the town is having ongoing discussions with Mr. Fox and Mr. Cava, and several factors are being weighed.

“I have to make a decision based on what’s in the best interests of the town, its employees and the citizenry,” Mr. Lash said.

Mr. Fox said on Monday he believes the decision would come within the next “several days.”

Lt. Honulik, who has been with the department since 1975, was not available for comment, and his attorney, Catherine Emmett, was reserved in the aftermath of the decision.

“I think the judge’s opinion speaks for itself,” Ms. Emmett said, adding she didn’t want to comment on any aspects of the case yet.

Capt. Pacewicz and current Chief of Police David Ridberg referred all calls for comment to the town’s Department of Human Resources. Lt. Honulik had accused Mr. Walters of being biased against him because of personal animosity and showing favoritism toward Capt. Pacewicz, who could now conceivably be demoted from his position after once seeming to be in line for one of the open deputy chief positions.

The decision was a cause for celebration at the Silver Shield Association, which serves as the union for GPD officers. The association has long criticized Mr. Lash and Mr. Walters for their handling of union matters and for fostering bad morale among officers. The association viewed the judge’s decision as a victory after years of complaints, including two “no confidence” votes in Mr. Walters’ leadership.

“We feel validated that a third party state of Connecticut Superior Court judge with no allegiance to either side came out and said the town was acting improperly,” GPD Sgt. James Bonney, president of the association, told the Post. “We called the town arrogant for the past two years. It was a validation of everything we’d been saying for an outsider to get a look at what’s been going on here and call it like he saw it.”

Sgt. Bonney said he hoped the town would decide not to appeal but added nothing would surprise him.

“Being a taxpayer of this town I would hope that they find something else to spend money on because continuing this would be a colossal waste,” Sgt. Bonney said. “The town nickeled-and-dimed the police department over benefits for officers who had a broken back in the line of duty and then they went off and spent $750,000 to defend themselves in a case where they were clearly at fault.”

The $750,000 figure is Sgt. Bonney’s estimation. He said he based it on the fact that the town had two attorneys on the case charging $450 an hour. Mr. Lash said he didn’t know the cost so far but said he would find out and it would be weighed as part of the decision to appeal.

The association clashed with Mr. Walters several times during his time as chief, and Lt. Honulik’s complaints were listed in the union’s first no-confidence vote in December 2004. Mr. Walters retired from the department earlier this year, and Sgt. Bonney said things have improved since Chief Ridberg took over.

“I’m very thankful we have Chief Ridberg now,” Sgt. Bonney said. “I think morale is better than it’s ever been. This decision will also help morale because the people here are going to feel that there really is justice around here.”

He added, “People in law enforcement have dedicated their lives to seeking justice. Now we’re being reassured that there is justice in Greenwich. The actions of the past chief and Mr. Lash left so many people in this department unhappy and this is a good feeling for us. It’s very rewarding for us to see the judge step in after examining the facts and setting the record straight. It’s very important for us to see that after all we put in, fairness will prevail.”

kborsuk@greenwich-post.com