Council mulls next steps; Fung says ‘not hiding’

Dems caucus ahead of Aug. 24 meeting

Daniel Kittredge
Posted 8/19/15

Members of the City Council continue to mull their next steps as the aftermath of a scathing police department assessment report continues to unfold, with a further investigation of some kind …

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Council mulls next steps; Fung says ‘not hiding’

Dems caucus ahead of Aug. 24 meeting

Posted

Members of the City Council continue to mull their next steps as the aftermath of a scathing police department assessment report continues to unfold, with a further investigation of some kind appearing likely.

“It’s one step at a time,” Council President John Lanni said Tuesday. “We’re having a caucus this evening, the Democrats, to see what direction we want to go.”

The council’s next regular meeting will be held at 7 p.m. Aug. 24 at City Hall, and Lanni said he expects an announcement or update will be provided at that time. Democrats currently hold a 6-3 majority on the council.

Mayor Allan Fung, meanwhile, last Tuesday appeared before the council and members of the public during a special meeting focused exclusively on the state police report. The session, which drew an overflow crowd to City Hall’s Council Chambers, lasted nearly four hours.

“I’m not running, I’m not hiding,” the mayor said. “Yes, there were mistakes that were made. I recognize that … I’m not shying away from it. I take ownership, ownership of fixing the problems that are in the report.”

On Tuesday, after touring the CarMax facility on Bald Hill Road, Fung said he is receiving a generally “positive” response from members of the community. The mayor has been appearing on television and radio programs to discuss the report, and said he is additionally planning to host town hall meetings.

“I get it … I’m going to have to earn back that confidence,” he said.

The 182-page report, which became public earlier this month, paints Fung, his administration and former members of the Cranston Police Department’s leadership in an extremely critical light. Specifically, it accuses Fung of “secretive” and “political” interference in the police department, and asserts his close ties with former Chief of Police Col. Marco Palombo Jr. and former union president Capt. Stephen Antonucci led to abuses of power.

The result of a review conducted under State Police Lt. Col. Kevin Barry and Capt. Matthew Moynihan – who served as acting chief and executive officer, respectively, of the Cranston department for several months last year – the report delves into extensive detail on multiple incidents and personnel matters, from the so-called “Ticketgate” episode to the demotion of Matthew Josefson from sergeant to patrolman.

Last week’s special council meeting afforded an opportunity for residents to sound off on the situation, and more than a dozen addressed the gathering. Many expressed disappointment or anger toward the mayor.

Joanne Spaziano said the matters outlined in the report “not only have cost taxpayers dollars, but made Cranston a laughingstock in the eyes of the state and region.” Lisa Gargaro said she has known Fung as a “wonderful, huge-hearted person,” but she was “sickened” by the contents of the report.

“I think you got caught up in the politics, and it saddens me,” she told the mayor. “I just feel like we were misled … I think we lost trust in you as a politician, and I just hope that we can gain some of that back.”

Others called on the mayor to resign – a call he has emphatically rejected.

“This is the most serious crisis that has hit this city in years,” Richard Tomlins told council members. “We haven’t gotten to the bottom of it yet. Do your job. The mayor should resign.”

“I cannot tell you how disappointed I am in you and the actions of certain people on the police department,” Carol Myron told the mayor. “I don’t believe that you can continue to lead us effectively, and you should do the right thing.”

Calls for a further investigation on the council’s part were also made. Steven Carrera said he believes the mayor is “guilty of charter violations.” Aram Garabedian called on the council to “have hearings and get to the bottom of it.”

Michael Sepe, chairman of the Cranston Democratic City Committee, urged the council to “create an investigative committee and appoint a special prosecutor to investigate the evidence and follow the facts wherever they may lead.”

Sepe said the “scandal has unfolded just like Watergate. President Nixon denied, denied, denied, and Mayor Fung has denied, denied, denied.” He later said the report highlights “behind-the-scenes maneuvers designed to maintained autocratic control over the police department through secret KGB tactics, intimidation and abuse.”

“I’ve known Mayor Fung for many, many years … I can’t understand why the mayor would throw his political career away over ‘Ticketgate,’” Sepe added.

Deborah Flitman, representing the American Civil Liberties Union of Rhode Island, reiterated the organization’s call for the council to investigate police practices given some of the report’s findings. One chapter details the alleged verbal abuse of a software company executive by Palombo, and the subsequent detailing of a detective to conduct surveillance on the man – as well as an effort to hide that detail by ascribing it to a criminal case.

“It is clear that this is not just a matter of internal police politics,” Flitman said.

Several speakers defended Fung, pointing to his record of achievements and suggesting the council’s motives are political, given the looming mayoral election next year. The mayor has strongly suggested he will seek re-election, while Sepe is also very likely to run.

“This is a incidence where nobody can speak for what Mayor Fung thought or felt when facing the corruption plaguing the Cranston Police Department,” Jonathan Keith said. “I am sure Mayor Fung did what he thought was needed, and was best for the city.”

“It’s clear, according to the report itself, that the mayor did nothing in violation of the law,” Nicholas Lima said. “Our city’s reputation is one of growth … I think, by and large, the mayor has done an outstanding job.”

Evan Gillissie said Fung confronted a police department that has been “plagued with generations of problems.”

“I can guarantee the mayor’s character is honorable,” he said.

“The fact is, Mayor Fung is our leader, our quarterback, and has led Cranston to being a great city again,” Joe Gabriel said, describing last week’s proceedings as a “circus.”

Before the council, Fung echoed many of the points he had made less than a week earlier during an hour-long meeting with members of the media at City Hall. He said it was his decision to seek state police involvement in Cranston as the “Ticketgate” episode unfolded, even knowing he could face criticism.

“I was the one that asked for a top-to-bottom assessment of this police department … I felt it was the right thing to do for the taxpayers of Cranston, and I stand by that decision,” he said.

Fung said he is “taking to heart” the report’s recommendations, and asked that the police department’s personnel be allowed to “do their jobs under [new Chief of Police Col. Michael Winquist].” He also dismissed the calls for a further investigation.

On Tuesday, Lanni indicated he was unimpressed with the mayor’s remarks and responses. Last week, he had framed the issue as being one of trust, telling the mayor: “If we can’t trust what you tell us, then we’re in a sorry situation in this city.”

Lanni indicated he would like to see an additional investigation into the report’s findings, although that will depend on the will of the full council.

“My personal feeling is he’s lying through his teeth, and there should be an investigation,” the council president said Tuesday. “I don’t think any rational person could believe that he didn’t know what was going on.”

Other council members were also critical of the mayor.

“I would like to ask the mayor why he hasn’t gone to that police station and publicly apologized to all the members [of the department],” Ward 4 Councilman Mario Aceto said.

“This report is appalling,” Ward 1 Councilman Steven Stycos told the mayor. “Frankly, you did create these problems … I’m disappointed. There’s a real problem of trust with me … I think you and your staff misled the council on many of these issues.”

Ward 3 Councilman Paul Archetto pointed to the “intimidation” outlined in portions of the report, particularly in reference to Palombo and Antonucci. He focused on the case of Capt. Karen Guilbeault, and the report’s assertions that efforts were made to improperly obtain her promotional test scores in an attempt to subvert the process.

Archetto criticized the mayor for not acting to discipline or remove Palombo from his post far earlier.

“You had a constant mode of operation from your police department, from other numerous individuals talking about the bullying, the thuggery … you have to act upon that. You had to send some type of communication to Col. Palombo saying, ‘Knock it off, or you’re fired.’ End of story.”

Citywide Councilman Michael Farina also spoke of the loss of trust Fung now faces.

“You know, trust is a funny thing, and you’re going to have to work hard to win the trust back, mayor,” he said. “What I want to know is, what are you going to do different to make sure this never happens again?”

Ward 2 Councilman Donald Botts said he feels the state police report “doesn’t go far enough,” pointing to areas without citations or supporting documentation and referencing Col. Steven O’Donnell’s public remarks that the document could have been far longer.

“I hope the colonel will consider releasing an addendum … because in the end, we all want to know what happened,” he said.

Botts also said the issues tied to Palombo and Antonucci ultimately are the mayor’s responsibility.

“This was Mayor Fung’s hand-picked management team, and the buck stops with the mayor, and I think Mayor Fung realizes that,” he said.

Last week’s meeting included exchanges on some of the key issues and episodes highlighted in the report.

Stycos questioned Fung on the failed agreement the mayor reached to return Antonucci – who had been on paid leave and faced termination of his employment in connection with “Ticketgate” – to the force in fall 2014 with minor discipline. According to the report, the mayor informed neither state police nor Winquist of the deal until after his loss in the gubernatorial election. The mayor also was reportedly willing to accept Winquist’s resignation after the new chief balked at the deal.

“Why was it more important to you to have Stephen Antonucci on the police department that it was to have Michael Winquist as the chief?” Stycos asked. “I want to know how on earth you could possibly think such a thing.”

Fung said the agreement with Antonucci was meant to bring an end to mounting legal bills. He also said “novel” issues within Antonucci’s Law Enforcement Officers Bill of Rights (LEOBOR) hearing made the outcome of that process uncertain.

Regarding his relationship said Winquist, Fung said the men had been passionate about their respective stances – and that conversations had been “heated” – but ultimately came to a mutual understanding.

“It wasn’t about choosing one or the other. I took his words to heart, and Col. Winquist is sitting right there,” the mayor said.

Antonucci has since reached an agreement that will allow him to retire with pension eligibility next year. Many have questioned the pact, including Sepe, who asserts it requires council approval and has called on the mayor to seek that step.

Stycos, referencing the Antonucci agreement, spoke of the case of Todd Patalano, formerly a captain and now a major in the department. According to the report, Palombo targeted Patalano with dubious misconduct charges, followed by efforts to charge him criminally. Patalano was on paid leave for nearly two years, and was returned to duty the day after Palombo was placed on leave last year.

The report states Fung had an opportunity to settle with Patalano – who is now suing the city and seeking more than $5 million – for roughly $98,000, a figure representing the cost of his legal bills. The mayor declined that proposal.

“Why weren’t you concerned for the taxpayers with Mr. Patalano? Is it because he wasn’t a political supporter of yours?” Stycos asked.

Fung said he felt Patalano’s legal bills were the responsibility of his union, International Brotherhood of Police Officers Local 301, and not the taxpayers.

“I did not feel from a legal perspective the taxpayers of Cranston should have been paying for his legal bills, that the union should have been paying for,” the mayor said.

Lanni used blunt terms to describe Patalano’s situation.

“He was railroaded. His family was put through hell,” he said.

Fung also spoke regarding his knowledge of recordings Patalano secretly made of conversations with others in the department. Patalano has said the recordings were meant to protect him and provide evidence of the vendetta he faced. Their existence became publicly known as a result of legal proceedings.

“Those recordings … are not in our possession. I don’t know what’s on those tapes. All I heard was three excerpts of those tapes back in 2012,” Fung said. “All I know is Rhode Island State Police listened to those tapes and didn’t find anything that amounted to anything criminal.”

The story of Josefson, who remains a patrolman, also became a focus. According to the report, Josefson was wrongly targeted with misconduct charges and demotion due to his association with some members of the department – a case of the so-called “A” team and “B” team divide.

In a joint statement, Council Vice President Richard Santamaria, Lanni and Stycos said they plan to introduce a resolution calling on the mayor to immediately reinstate Josefson to the rank of sergeant. The measure is set to go appear on the council’s Aug. 24 docket.

“The state police report basically states that Josefson was convicted of charges that, in fact, did not exist in departmental regulations,” Santamaria said through the statement. “It was in the department’s hard drive and was never disseminated to the rank and file. This is flat out wrong and the patrolman needs to be made whole again. This is a slap in the face of a person’s basic civil rights.”

“This is another example of the mayor’s lack of leadership as the public safety director,” Lanni said.

“Mayor Fung was told by the state police about this injustice a year ago and has done nothing to resolve it. Matt should be reinstated as soon as possible,” Stycos said.

Fung before the council acknowledged the concern – “Anybody who reads the report realizes [Josefson] was treated unfairly,” he said – but said requirements regarding the number of sergeants and the way the positions are filled makes immediate action difficult.

Stycos also questioned why the mayor did not fire Palombo rather than place him on paid leave – a move the councilman said allowed the former chief to reach 20 years of service before his retirement.

Fung said the city’s police and fire chiefs have “classified service protection,” making the termination of their employment more difficult.

“It’s not that easy,” he said.

Botts spoke of the case of Capt. Thomas Dodd, who was placed on forced medical retirement on the recommendation of the administration and with the council’s approval. The report questions that process, and notes that Antonucci was promoted to the rank of captain just days later.

“There was a vote I wish I could take back,” Botts said. “Looking back, that vote I think should have been delayed to the next council meeting … Why the rush?”

There have been other developments following the report’s release. The council’s attorney, Patrick Quinlan, last week disclosed that Palombo’s attorney has formally communicated to the city that the former chief considers himself unable to be part of a joint defense with the city in suits filed by Patalano and Guilbeault.

Fung, during his initial meeting the media, said he had been “misled” by Palombo and was too trusting of him. The former colonel has, in turn, strongly denied that charge and defended his record.

Palombo also is seeking to prepare and present a rebuttal to the state police report, Quinlan said.

Additionally, in Guilbeault’s lawsuit, a Superior Court judge has ordered that state police turn over all the evidence used in compiling the assessment report. O’Donnell has said state police will comply with the order.

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