By Martin B. Cassidy
Staff Writer
September 24, 2007
Republican and Democratic nominees for first selectman in this
fall's election said challenging a court decision forcing the
promotion of a policeman to captain will hurt public safety and
cost more than legal fees.
First Selectman Jim Lash intends to seek an appeal of the verdict
in the case of Lt. Gary Honulik if attorneys cannot reach a
settlement in the case.
Two weeks ago, State Superior Court Judge Michael Shay ordered
Honulik to be promoted, and slammed the town for illegally
manipulating its hiring policies to deny the 34-year veteran a
promotion to captain in 2003.
The ruling also directed that Capt. Michael Pacewicz, the man
promoted instead of Honulik, be returned to his former rank, with
Shay ruling that Pacewicz was promoted illegally.
The appeal would negatively affect the police force by extending
a block on promoting senior police commanders, worsening a
leadership void and threatening public safety, Republican nominee
Peter Tesei and Democratic nominee, Frank Farricker said.
"I think the situation is a very sad saga for the
individuals involved, the Greenwich Police Department, the town,
and I don't think we should exhaust further resources appealing
the decision," said Tesei, chairman of the Board of Estimate
and Taxation. "We need to move forward."
Farricker, a member of the Planning & Zoning Commission, said
the appeal would be another in a line of ill-chosen battles, part
of a wider pattern of the town aimlessly taking cases to trial
when settlement would appear wiser, and alienating employees by
disregarding town policies.
In a recent incident in which a parks department employee
admitted painting a swastika on a co-worker's desk, the town
appeared to downplay the act, and was too slow to acknowledge the
misconduct publicly, creating potential lawsuits, Farricker said.
A failure to settle cases also has cost the town dearly in recent
years, said Farricker, who blasted officials for a $6 million
dollar award for a Greenwich doctor injured in a sledding
accident, after the town had turned down a $500,000 settlement.
"There's been numerous incidents where there has been a
notable lack of consistency on the part of the town in its hiring
and dispute resolution procedures," Farricker said. "We
need the town to be fair and equitable for all the residents É
we do deserve and do expect the best kind of government we can
get for our tax dollars, and with employees and others suing the
town, we're not getting what we deserve."
On Tuesday, the town asked the Connecticut Supreme Court for an
"expedited appeal" of Shay's verdict seeking to
overturn his order that the town must abide by its past practice
in promoting police officers who score highest on promotional
exams.
If granted, the high court would prioritize hearing the case, and
Chief Justice of the State Supreme Court Chase Rogers should
approve or deny the request within days, Town Attorney John Wayne
Fox said.
If denied, the town could file an appeal of Shay's verdict in
state Appellate Court by Monday.
Tesei said that during Honulik's lawsuit, he expected the judge
to find against the town, having thought that Chief James Walters
misstepped during the 2003 promotional process in which he passed
Honulik over.
Shay ruled that Walters' decision to introduce an interview into
the evaluation process in 2003 after Honulik got the top score on
the promotional exam was illegal, because the initial job posting
did not indicate it would be a criteria for evaluation.
"While the additional time exhausted equates to dollars,
more important than the dollars is a lack of command structure
which currently exists at police headquarters, which will take
its toll not only on Chief Ridberg, but the rank and file,"
Tesei said. "I cannot see what good would come from
prolonging this matter further."
Currently only two of five of the department's top posts are
filled, with two deputy chief and one captain slot vacant.
Police Chief David Ridberg said the unfilled positions have
forced him to delegate senior management tasks to lieutenants
while the injunction remains in force.
Farricker said hiring new captains and deputy chiefs to run the
police department should supersede a desire to impose a new
hiring procedure for town police captains.
The town wants to use the same type of latitude in deciding
promotions to police captain that are used to hire other senior
town managers, Fox said.
"We're looking at a very great gap in the upper levels of
our police force and once again the town is emphasizing process
over our protection," Farricker said. "Just from my
perch I think everybody should get together to hammer this
out."
While hoping the case is settled, incumbent Republican Selectman
Peter Crumbine, who is seeking a fifth term on the Board of
Selectmen, said he believed the town should appeal the decision
because town leaders should be able to choose senior managers
based on more subjective criteria such as interviews and weighing
training and other factors.
"I believe we have a good legal case but I'd like to see it
settled if we can," Crumbine said.
Copyright © 2007, Southern Connecticut Newspapers, Inc.