Council narrowly votes ‘no confidence’ in Fung

Lanni calls resolution a ‘clear message’; critics say measure motivated by politics

Daniel Kittredge
Posted 8/27/15

As the fallout continues from the Rhode Island State Police assessment report of the Cranston Police Department, the City Council on Monday narrowly approved a resolution …

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Council narrowly votes ‘no confidence’ in Fung

Lanni calls resolution a ‘clear message’; critics say measure motivated by politics

Posted

As the fallout continues from the Rhode Island State Police assessment report of the Cranston Police Department, the City Council on Monday narrowly approved a resolution expressing a “complete lack of confidence” in the continued leadership of Mayor Allan Fung.

“I think, as a council, we sent a clear message,” Council President John Lanni said following the 5-4 vote.

Lanni, Council Vice President Richard Santamaria, Ward 1 Councilman Steven Stycos, Ward 3 Councilman Paul Archetto and Ward 4 Councilman Mario Aceto – all Democrats – supported the resolution.

Democratic Citywide Councilman Michael Farina joined the council’s three Republicans – Ward 2 Councilman Donald Botts, Ward 5 Councilman Chris Paplauskas and Ward 6 Councilman Michael Favicchio – in voting against the measure.

The resolution states that according to state police, “most of the Department’s troubles can be attributed to the poor leadership of the Department’s top officers, political interference and influence by Mayor Fung and members of his administration.” It points to the report’s findings that the close relationship between Fung, former Chief of Police Col. Marco Palombo Jr. and former union president Capt. Stephen Antonucci was highly problematic and resulted in abuses of power.

The resolution further states that Fung “failed to provide clear and accurate reasons and rationales for the decisions he had taken” during a recent special session of the council, and accepts the state police findings “that in essence the Cranston Police Department was grossly mismanaged under the leadership of Mayor Fung.”

Fung, who is a Republican, has pushed back, saying the council’s motivations are political. In a statement responding to the resolution, Carlos Lopez Estrada, the mayor’s chief of staff, accused the council of “political grandstanding.”

“Instead of working together, members of the Council spend their time on political posturing for next year’s election,” the statement reads. “The Democratic majority on the City Council may think this resolution will help [Cranston Democratic City Committee Chairman] Mike Sepe’s campaign for Mayor, but it certainly accomplishes nothing to benefit the residents or the Cranston Police Department.”

After asking City Clerk Maria Medeiros Wall to read the full resolution into the record, Lanni at Monday’s meeting briefly had Santamaria preside over the proceedings and addressed his colleagues from the podium typically used by legal counsel and representatives of the administration.

Lanni said the state police report raises “moral and ethical questions concerning the leadership in the city of Cranston.”

“[Fung] let the department run rampant. He knew what was going on, he did nothing about it,” Lanni said, suggesting that if the city had a separate public safety commissioner who had presided over the events outlined in the report, that person would have been immediately fired.

Lanni also said some members of the police department and their families suffered immensely, “all because of vendettas created under ex-Col. Palombo.”

Steven Stycos called the no-confidence vote a “very important and serious thing to do,” and had some of strongest words for the mayor of any council member.

“I voted for Allan Fung on occasion. And I’m just, I’m embarrassed that I did that. I’m sorry that I did that,” he said.

Stycos listed 10 points, culled from his review of the assessment report, to support his vote in favor of the resolution.

Fung, Stycos said, interfered with police matters after pledging to state police that he would not, and attempted to bring embattled Capt. Stephen Antonucci – the central figure in the so-called “Ticketgate” episode” – back to the force with no loss of rank and minor punishment. The mayor also was willing on two occasions to accept the resignation of Col. Michael Winquist when the new chief balked at the Antonucci agreement, the councilman said.

Stycos pointed to the lack of discipline or follow up after former Col. Marco Palombo Jr. allegedly threatened, then ordered a detective to spy on, a software company executive. The councilman also faulted the mayor for not firing Palombo – and instead putting him on paid leave, then allowing him to retire – when other alleged misdeeds came to light.

The councilman said the mayor has done nothing to address the case of Matthew Josefson – who state police say was wrongly charged with misconduct and demoted from sergeant to patrolman – and took no action when former police brass allegedly attempted to improperly obtain Capt. Karen Guilbeault’s promotional test scores.

Stycos also cited the case of Todd Patalano, now a major in the department, who state police say was targeted with bogus misconduct allegations and placed on paid leave for nearly two years. The councilman said that matter could have been resolved for the cost of Patalano’s legal bills – roughly $98,000 – but the mayor rejected that proposal. Patalano is now suing the city, and is seeking more than $5 million.

Stycos additionally said the mayor sought to obtain tapes Patalano secretly made of conversations with others in the department in an effort to avoid any embarrassing revelations during his campaign for governor.

“That’s why I have no confidence in Mayor Fung,” Stycos said.

Others also had sharp words for the mayor.

“If any of us were involved in one-tenth of the things in the report, we’d be out of office,” Aceto said, adding that the mayor “not only lied to the taxpayers in my ward, but lied to me.”

“From day one, the mayor made this political,” he said.

Archetto said a leader is “someone you look up to, someone you have pride in.” In Fung’s case, he said, “I see a lack of honesty in our leader … I see a lack of integrity and truthfulness.”

Archetto was also more broadly critical of the administration’s approach toward the council, saying they “have not been above board … they stonewall, they delay.” He said going forward, it will be difficult to vote on measures brought before the council by the mayor given his concerns.

“I think it’s the ethical thing to do for this council to send a message to our chief executive,” he said.

Santamaria also spoke of leadership, and his belief that Fung has fallen far short of expectations. He characterized the mayor’s response to the situation, and the answers he provided to the council during a special meeting two weeks ago, as evasive.

“A leader doesn’t turn his head or bury it in the sand. He faces it head on,” Santamaria said.

Farina called many of the issues and episodes outlined in the state police report “disturbing,” and said he agreed with much of the no-confidence resolution.

He called, however, for “different wording” to “put some teeth in it” and provide a “positive aspect” and concrete objective – calling for the creation of a public safety commissioner post, for example, or directing the mayor to allow Winquist to oversee the department without interference.

“There’s nothing in here that says how we’re going to solve the problem,” he said. “Let’s think long and hard about what we want the mayor to do differently.”

Farina also acknowledged that he “[intends] to run for mayor of the city some day,” and does not want to be viewed by voters as someone whose decisions are governed by political considerations.

“Politics has no place in the police department,” he said.

The members of the council’s Republican caucus, while also acknowledging serious concerns, were largely supportive of Fung.

“Yes, there were some missteps … I do have confidence in Mayor Fung,” Paplauskas said, voicing his support for putting a public safety commissioner in place.

Botts, who has been strongest among the GOP caucus in his criticism of Fung following the report, said the council was “putting the cart before the horse” with the no-confidence resolution. He reiterated previous statements that he feels the state police report was incomplete and lacked supporting documentation in many areas, and called for a deeper review of the facts before taking any such action.

“I don’t think we have all the information,” he said.

Botts also took aim at the Democratic majority.

“In my opinion, this is folly … No criminal actions were conducted by the mayor, and yet there are members of this council who say he should resign,” he said. “If the voters are that upset … they can express that 15 months from now [in next year’s mayoral election].”

Favicchio defended Fung’s handling of the Antonucci situation, which ended recently with a controversial settlement that will allow the captain – who ordered the mass issuance of overnight parking tickets in the wards of Stycos and Archetto following a November 2013 vote of the Finance Committee against a new police contract – to retire next year with pension eligibility.

The mayor – who initially, and publicly, supported the recommendation that Antonucci be fired – has said concerns over the cost of the Law Enforcement Bill of Rights (LEOBOR) hearing process and related litigation, as well as uncertainty surrounding the final outcome of the case, motivated his efforts to settle the matter.

“The middle ground … was the deal that was actually struck,” Favicchio said, adding that while it would have been ideal to carry the case to the end and have Antonucci fired, the circumstances made that approach “not practical.”

Favicchio also referenced the deep factionalism in the Cranston department highlighted in the state police report – the so-called “A” team and “B” team divide – and suggested the no-confidence resolution could lead to a similar schism in city government.

“If we vote no confidence, aren’t we dividing the city and dividing our team?” he said.

A number of residents addressed the council before its vote on the resolution, with many expressing support for Fung and criticizing the council.

“Mayor Fung is one of the best mayors Cranston has ever had,” Steve Agnoli said. “Take a step back and look at what the city has become over the last seven years … It sounds like many of you before me are playing politics instead of doing the job we elected you to do.”

“If you’re going to vote no confidence in the mayor, you are in fact voting no confidence in yourselves,” Jonathan Keith said.

“I have complete faith in Mayor Fung,” Lisa Mancini said. “He is part of the city. This is in his blood … he is doing a good job.”

Others called on the mayor to step down – which he has emphatically said he will not do – and urged the council to continue probing the matter.

“I remain very disappointed … The mayor just doesn’t seem to get it,” Carol Myron said. “Read the 180-page report. It’s time to go.”

“For seven years, these issues have not been addressed by the mayor,” Steven Carrera said, adding that Fung “should seriously considering resigning now.”

Richard Tomlins called on the council to employ a special prosecutor and exercise subpoena power to further investigate “Ticketgate” and other matters outlined in the report. The no-confidence vote alone, he said, would ultimately prove a “waste of time.”

“This will fade away very quickly … You have a responsibility to go beyond what you’re doing tonight,” he said.

The council on Monday also unanimously approved a resolution calling for the reinstatement of Josefson, who remains a patrolman, to the rank of sergeant.

“This gentleman was flat-out wronged,” Santamaria said.

Archetto called Josefson a “victim of a police department run wild.”

“This guy’s been screwed … and he should be reinstated immediately,” Aceto said.

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