Suffield Police Operational Study to Proceed: First Selectman

SUFFIELD, CT — Despite objections from several members of the Suffield Police Commission, an operational study of the town's police department by an outside law consultant will continue, according to First Selectman Melissa Mack.

The study, being conducted by the Daigle Law Group LLC of Southington, is "a Management Operational Study, which includes conducting a review of the Suffield Police Department operations, practices, and staffing; and to provide a detailed plan for the Administration to adopt and implement observations, findings, and recommendations that will assist all parties when making key policy decisions relating to the Department," according to the contract between the law firm and the town, made available this week by Mack's office.

Under terms of the contract, Daigle is being paid $225 per hour. There is no exact timeframe for the study, but in a Jan. 29 email to the commissioners, Mack said it is "estimated to last between three and six months, [and] will culminate in data-supported recommendations designed to enhance all facets of the operations of the department."

The decision to initiate the study stemmed from a Jan. 3 meeting in executive session, at which Mack stated her intention to start a review after a resident "raised a concern" and addressed "possible litigation." She would not provide information about the nature of the concern to commissioners.

The undisclosed resident's concern about the police department was initially reported to Police Commission Chairman Kenneth Pascoe, according to Mack.

"The Town of Suffield maintains an open door policy with the goal of providing the opportunity for residents to share concerns with whom they choose and feel comfortable," she wrote. "I am grateful that the resident trusted the Chairman and shared the concern instead of choosing to sue the Town immediately. The resident then chose to speak directly with me."

At the Jan. 23 meeting, commissioners Jason Trombly and Rick Stromoski expressed their concerns over a perceived lack of communication between Pascoe and other commissioners.

Trombly claimed Pascoe circumvented the process of providing an agenda to the town clerk's office prior to the meeting, thereby violating commission bylaws. He also said he and Stromoski asked Pascoe to schedule another meeting to address further concerns and comments, which Pascoe refused, another bylaw violation.

Trombly attempted to add two more items to the agenda - one to discuss the commission's annual report to the Board of Selectmen, and another to add an executive session to discuss potential litigation. Those requests were also denied by Pascoe, which Trombly claimed was in violation of Robert's Rules of Order.

Trombly continued by stating he and other commissioners had been asked to stop sending group emails, with the explanation they may be subject to Freedom of Information laws. Town Attorney Derek Donnelly cited FOI precedent in saying business conducted via email constitutes an illegal meeting.

Lengthy discussion ensued concerning Mack's authority to unilaterally authorize the operational study, with no definitive answer emerging. Stromoski said he was "opposed to doing a study that is being authorized with my name when I had no input on it, because that sets a precedent for the First Selectwoman to do whatever she wants with legal gymnastics and undefined definitions to do things that she doesn’t trust this commission to do."

After again voicing his opposition to the process by which the study was implemented, Trombly motioned the "study be temporarily stopped," and the commission should discuss it "in open session, make a motion, take a vote and acquire funding approval through the Board of Selectmen." A tie vote, with three for and three against, defeated the motion.

After an added session of public comment, during which five residents spoke mainly about the possible devastating effects the internal commission problems could have on police administration and the department as a whole, Trombly motioned for Mack to "cease and desist" with the possible litigation, and turn over all paperwork to Police Chief Richard Brown. He then asked Pascoe to recuse himself from the vote, implying the chairman had "a conflict," but Pascoe refused.

Trombly repeated his motion, but Donnelly interjected the motion was "not appropriate for the commission to consider." The matter was tabled until the commission's next regular meeting, which is scheduled for Feb. 27.

As part of the study, a questionnaire has been distributed to all rank-and-file members of the police department. Shortly after the meeting, Stromoski and Trombly both requested a copy of the questionnaire, but labor attorney Lisa Lazarek responded, "In order to protect the legitimacy of the operational study, Attorney Daigle will not be releasing any documents, including the questionnaire. The tools Attorney Daigle uses to fulfill the terms of his engagement with the Town may also constitute protected proprietary information and/or attorney work product. The Town will disclose final reports it may receive from Attorney Daigle in accordance with its obligations under the Freedom of Information Act and the Municipal Employee Relations Act."

In her Jan. 29 email to the commissioners, Mack, who was not in attendance at the commission meeting, reiterated her impression that the Jan. 3 executive session had ended in a consensus, with no commissioners voicing objections at that time.

"I left that meeting believing we had reached a consensus that proceeding with the operational study was in the best interest of the Police Department and the Town," she wrote. "Despite the consensus, Commissioners Trombly and Stromoski then voiced concerns, including in a private meeting they requested with me on January 9, 2019, and further followed up with...additional emails."

She acknowledged she had also met one-on-one with Pascoe, adding individual meetings with members of boards and commissions are commonplace in her work as the town's chief executive officer.

"Having the ability to meet with commissioners individually provides the opportunity to hear invaluable feedback," she wrote. "My door is open to all board and commission members just as it is to all residents. Such meetings do not constitute a legal meeting unless a quorum of members participate in the discussion, whether in person or by email. As they are not legal meetings, minutes are not required."

An audio recording of the full Jan. 23 commission meeting is available below.

Photo and audio recording courtesy of Suffield Police Department

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