Action on police promotion delayed

City Council members seek legal counsel's review of contract agreement reached as part of Patalano's appointment to major

Daniel Kittredge
Posted 12/11/14

It is clear Police Captain Todd Patalano has the needed level of support from members of the City Council to be promoted to the rank of major.

He also appears to have overwhelming backing of the …

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Action on police promotion delayed

City Council members seek legal counsel's review of contract agreement reached as part of Patalano's appointment to major

Posted

It is clear Police Captain Todd Patalano has the needed level of support from members of the City Council to be promoted to the rank of major.

He also appears to have overwhelming backing of the Cranston Police Department’s membership, with dozens of uniformed and off-duty officers on hand for last week’s Finance Committee meeting, at which his appointment was considered.

Yet the committee delayed action on Patalano’s recommendation to the full council, citing concerns over the implications of a contractual agreement the administration reached with the captain as part of the planned promotion.

Council President John Lanni said Tuesday he is working to schedule a special finance meeting ahead of Monday’s gathering of the full council and that the council’s attorney, Pat Quinlan, is currently reviewing the matter.

“There’s no arguing that [Patalano is] qualified,” Lanni said. “We just don’t know how that would affect the contract long-term.”

Last week’s finance meeting came a day after a closed session at which members of the council learned of the contract agreement and an accompanying memorandum of understanding related to corresponding alterations to the contract currently in effect with International Brotherhood of Police Officers Local 301.

Lanni said the agreement with Patalano would increase the salary for the major’s post from $86,000 to $95,000 and would lower the contribution for health care costs from 25 percent to 20 percent. He said it also includes a provision providing for a return to the rank of captain were the major’s position to be abolished at any point, or if the major lost his post for any reason aside from misconduct.

“The council had nothing to do with those negotiations,” Lanni said. “The mayor can’t arbitrarily raise people’s salaries.”

The argument in favor of the changes is that captains are currently reluctant to pursue the rank of major because captains can in fact earn more than their higher-ranking counterparts through overtime and off-duty details. They also give up their membership in the union by moving up in rank.

Local 301 has been without a new contract since 2012, and the finance committee rejected a proposed three-year pact late last year. Talks between the city and the union on a new deal have resumed in recent weeks, although there has been no official word on the progress of those talks.

Members of the council, meanwhile, voiced concerns about the long-term implications the agreement with Patalano. Those worries, coupled with the apparent short notice regarding the contract proposals and Quinlan’s not being available for consultation prior to or during the finance meeting, led to the decision to delay any action.

Lanni at the meeting said due to the “complexity” of what is being proposed, he favored a delay in order to consult with legal counsel.

“I don’t expect this to be a long-term thing,” he said, but “this is an actual contract change we’re looking at.”

Lanni also praised Patalano based on the various accounts of his “outstanding character,” which he said “leads me to believe that by far, you’re probably the most qualified person to become major.”

“If it wasn’t for these two items, I’d be the first one standing up” to support favorably recommending the appointment, he said.

Ward 1 Councilman Steven Stycos, who had previously pressed to view Patalano’s personnel file as part of the review process, said the captain allowed council members to view the file during last Wednesday’s closed-door session. He also spoke highly of Patalano and told the captain the delay is “not any reflection on you.”

“We have learned a lot of new information in the last few days,” he said. “I think we need to be careful. We don’t need to rush…I’ve certainly seen the results of rushing in the last couple of days.”

Patalano earlier this year returned from nearly two years of paid leave, and Rhode Island State Police, who were at the time overseeing the Cranston department’s operations, subsequently cleared him of any wrongdoing. Patalano has since filed a federal lawsuit against the city, Mayor Allan Fung, former chief Col. Marco Palombo Jr. and past and present members of the department alleging his constitutional rights were violated as part of a personal vendetta.

The suit was initially raised as a concern by some council members following word of Patalano’s appointment, although by last week’s finance meeting it appeared to have faded almost completely as a consideration. The council has scheduled a special closed-door session prior to its public meeting on Monday to discuss the suit, as well as the legal challenge filed by the American Civil Liberties Union of Rhode Island over the city’s 2012 redistricting plan.

“To go through what you’ve gone through” and still pursue the major’s post “shows your integrity, shows your fortitude,” Citywide Councilman Michael Farina told Patalano.

Farina also echoed his colleagues’ sentiment over the need to thoroughly vet the proposed contract and its potential implications before moving forward.

“I do kind of fault the administration for giving us this last night,” he said.

Ward 3 Councilman Paul Archetto told Patalano that “Cranston is very fortunate to have you,” while also criticizing the timing of the council’s notification regarding the proposed agreement.

“We’ve been handed this at the 11th hour,” he said.

Ward 6 Councilman Michael Favicchio similarly praised Patalano – “I think you’ve got a lot of support” – while offering a defense of the timing of the council’s notification of the contract proposals.

The recommendation of Patalano and Capt. Sean Carmody for the major’s posts – the latter, who is named as a defendant in Patalano’s suit, having since withdrawn his candidacy – came following an arbitration decision on Nov. 17 which also led to the promotion of two captains, two lieutenants and two sergeants.

Local 301 had pursued the matter and sought expedited arbitration because the city, under the terms of the contract currently in place, is required to fill vacancies in the major’s ranks within 25 days. That did not happen with the openings that occurred in September 2013 and May 2014, largely due to the unrest surrounding the department in the wake of the so-called “Ticketgate” scandal, Palombo’s retirement and the desire to have a new chief make the major appointments.

It was also stated at last week’s finance meeting that the lists upon which promotions are based for captains, sergeants and lieutenants were all due to expire between Nov. 19 and Dec. 19.

Favicchio said given the timing of the arbitration decision and the Thanksgiving holiday, there had not been much time for the administration to bring the contract proposals before the council at an earlier date.

Ward 5 Councilman Richard Santamaria spoke on a personal level, praising Patalano for his work with children as a youth sports coach.

One line of questioning did briefly become contentious. Patalano, in his lawsuit, asserts having made audio recordings of conversations with other police officers and officials to support his accounting of events. Stycos asked the captain how he would, “as a supervisor, dispel concerns of officers…that thought that they may have in [their] head, ‘I wonder if he’s taping me?’”

“I think it’s a legitimate question,” Styocs said.

Deputy City Solicitor Evan Kirshenbaum immediately stepped in and sought to squash the questioning, given that it “relates so closely” to pending litigation. After a back-and-forth, Kirshenbaum offered a more benign rephrasing focused on whether Patalano felt he had the support of the department’s members.

“Without a doubt. Just look behind me,” the captain replied, motioning to the array of police personnel on hand as they rose in applause.

Patalano, in addressing the committee, said he would not have accepted the appointment “if I didn’t think I had the respect of the men and women of this department.”

He spoke glowingly of Winquist, contrasting the current environment with terms commonly used to refer to divisions that have previously existed in the department.

“There is no more ‘A’ team and ‘B’ team. It’s the Cranston police team,” he said. “Everybody in this police department is refreshed. They support him…To work for him is a pleasure.”

Winquist said Patalano has “served with distinction and honor,” and “has the respect and admiration of the rank and file.” He also noted that the captain led the group that prepared for a recent site visit from an inspection team as part of the department’s re-accreditation efforts.

Winquist called Patalano the “ideal candidate” for the position of major, and reiterated previous statements that “there is no information that should give this committee pause” regarding the appointment.

State Sen. Frank Lombardi (D-26, Cranston) was among those on hand for the finance meeting to speak on Patalano’s behalf. While he said the “citizens of Cranston deserve transparency” in terms of the controversy that has surrounding the police department over the last year, “Ticketgate has absolutely nothing to do with Capt. Patalano.”

Lombardi cited the “flux” in the command staff over the last year, and urged council members to “take that next positive step” after Winquist’s appointment with the approval of Patalano’s promotion. He pointed to the new chief’s praise for the captain and repeated assurances regarding Patalano’s character and qualifications.

“To me, that opinion speaks volumes,” he said.

Lombardi also spoke highly of Patalano from a personal perspective, referencing the captain’s lengthy leave.

“Nineteen months of his career, 19 months of his good name were put in jeopardy,” he said.

Lombardi further suggested that Patalano’s appointment to major could provide “mitigation” of potential damages and liability through his lawsuit.

Others who spoke at the finance meeting in support of Patalano included retired Cranston patrolmen Garry Bucci and Peter Sepe, and Providence Police Maj. David Lapatin, who resides in Cranston and previously worked with Patalano when the two led their respective internal affairs units.

“Please, we need to bring our police department forward,” Lapatin said. “Trust our chief tonight, and the officers of the Cranston Police Department.”

An additional issue that emerged last week is that the Cranston department currently has eight captains on its roster – two more than is allowed under the terms of the city’s charter. That has resulted from the promotion of Karen Guilbeault and Vincent McAteer to the position while Patalano and Carmody serve as the third- and second-ranking members of the department on an acting basis.

One of the eight, Capt. Stephen Antonucci, is on paid leave as he faces charges of misconduct and the recommendation his employment be terminated in connection with “Ticketgate.”

Stycos at the finance meeting said he had learned that Antonucci’s hearing under the Law Enforcement Officers Bill of Rights is scheduled for 2 p.m. on Dec. 11 in Superior Court.

“I certainly hope that the city will be taking a position that’s proper and not cutting and deals,” he said.

Lanni on Tuesday said he has been informed that efforts are continuing to find another nominee for the second major’s post following Carmody’s withdrawal.

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