Past cases, costs still linger over city’s police department

Former sergeant speaks at meeting; council told Antonucci costs at $40K

Daniel Kittredge
Posted 8/27/14

While Rhode Island State Police remain in command and the search for a new chief nears what administration officials have said is the target date for selection of a final candidate, the ongoing …

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Past cases, costs still linger over city’s police department

Former sergeant speaks at meeting; council told Antonucci costs at $40K

Posted

While Rhode Island State Police remain in command and the search for a new chief nears what administration officials have said is the target date for selection of a final candidate, the ongoing controversy surrounding the Cranston Police Department continues to surface publicly.

A week ago, Cranston Capt. Todd Patalano formally filed a federal lawsuit against Mayor Allan Fung, former Chief of Police Col. Marco Palombo Jr. and others alleging his constitutional rights were violated.

On Monday, a former Cranston sergeant, who said she was forced out of her job, told City Council members to continue closely examining the police department.

And later in the same meeting, council members were told approximately $40,000 has been spent thus far on legal costs associated with the case of Capt. Stephen Antonucci, whose firing was recommended after state police determined he was solely responsible for mass ticketing that occurred after a November contract vote.

“I just hope we get some positive result out of this money being spent,” Council President John Lanni said during the meeting, adding that he fears legal costs associated with several police personnel issues could ultimately top $1 million. “This is taxpayer money, it’s not lottery money.”

Lillian Rivera has alleged she was the victim of sexual harassment and other misbehavior while on the city’s police force. Earlier this year, a Superior Court ruling overturned the state retirement system’s denial of an accidental disability pension for Rivera.

The former sergeant addressed the council during the public hearing portion of its meeting. She said she wanted to remind council members of “past inequities” in light of more recent developments.

“I stood alone in my fight against insidious, relentless attacks,” she said.

Rivera criticized Fung and his administration for their handling of her situation, which began prior to the mayor’s tenure in office. She offered to provide documentation and other assistance to the council as they review the department’s operations and personnel matters.

“The roots of this abuse of power are deep … I am here to remind this council that they were lied to before,” she said.

Robin Schutt, who previously served as Fung’s director of administration, briefly addressed the council after Rivera left the podium. She said there were “thorough investigations” into Rivera’s allegations, and noted that the former sergeant’s employment had not been terminated.

“We did what we did in the best interest of the city,” she said.

During the council members’ comments portion of Monday’s meeting, Councilmen Paul Archetto and Steven Stycos requested a report from the administration on the status of the case against Antonucci.

In April, Fung announced that a state police investigation into alleged mass retaliatory ticketing, which occurred in Archetto’s and Stycos’ wards after they joined a Finance Committee majority in opposition to a new police contract, had concluded that Antonucci, then the president of the police union, had ordered the blitz.

Antonucci was charged with seven counts of misconduct, with a recommendation that his employment be terminated. The case is expected to go before a hearing as outlined under the Law Enforcement Officers’ Bill of Rights.

Deputy City Solicitor Evan Kirshenbaum told the council the cost of the Antonucci case thus far is roughly $40,000. Based on figures provided through similar updates on other matters, the total cost to the city for legal services, salary of those on paid leave and overtime and other costs for replacement personnel has thus far topped $700,000.

Kirshenbaum said he had no specific update on the status of the case but would obtain that information for a possible executive session briefing.

Stycos said he had hoped for more details on the situation, and referenced the growing costs of the ongoing police matters.

“What is the progress of the case? Is there any progress in the case?” he asked. “The meter is ticking.”

Archetto, who applauded Rivera for her “courage” in speaking before the council, was more pointedly critical of the administration.

“The administration is very non-transparent,” he said. “We don’t get clear, concise answers.”

Councilman Michael Favicchio, later in the meeting, acknowledged his colleagues’ frustration but said the administration is bound by the constraints of the law enforcement bill of rights. He suggested the General Assembly could be petitioned regarding changes to allow more information to be made available in such cases.

“We’re bound by that, whether we like it or not,” he said.

The case of Patalano was not directly discussed during Monday’s meeting, but officials have responded to his lawsuit in the last week.

Patalano, who returned from roughly two years of paid leave earlier this year, has publicly asserted that Palombo unfairly targeted him with disciplinary charges as part of a personal vendetta. The captain has also claimed secretly made recordings of his conversations with other police officers verify his account.

State Police Capt. Kevin Barry, the department’s acting chief, earlier this year moved to formally drop the cases against Patalano. Foremost among the charges had been the allegation that the captain mishandled civilian complaints against officers.

The suit names Fung, Palombo, the city and other police officers as plaintiffs, and alleges a violation of the captain’s constitutional rights. A complaint filed with the city in May as a precursor to the suit sought compensatory damages totaling $250,000, legal fees of more than $100,000 and indicated the captain’s intention to seek $5 million in punitive damages.

A settlement offer was made to Patalano prior to the filing of the lawsuit but was rejected.

Fung, during a press conference last week announcing a city budget surplus for the fiscal year that concluded in June, echoed earlier statements regarding Patalano’s case.

“I find these allegations frivolous, outrageous, and the facts will come out, and I firmly believe that the city will be meritorious in its defense of these claims,” he said. “I’m going to stand by the taxpayers of the city of Cranston and not let this officer treat them like an ATM.”

Lanni, who has been vocal in his concerns over various police matters and their costs, said he feels the administration is responsible for the current situation.

“I think this whole thing could have been avoided,” he said. “I have to put that right at the feet of the administration.”

Regarding Patalano’s situation specifically, Lanni said: “The state police found him not guilty on 11 different charges. The guy was innocent.”

All of this comes as the search continues for a successor to Palombo, who in March retired after having been placed on paid leave when state police came in to investigate the ticketing and review the Cranston department’s operations. State police and city administration officials have repeatedly said Palombo was not tied to the ticketing.

Fung in July announced the selection of finalists from a field of six applicants for the position, all of who come from outside the Cranston department. The precise number of finalists has not been confirmed, nor have the candidates’ identities been released.

The timeline set forth by the administration has called for a new chief to be in place by September at the latest. Whoever is selected will go before the council for confirmation.

Lanni said the council “will not rubber stamp anybody” for the job, particularly in light of the personnel issues tied to Palombo’s tenure. Palombo was appointed by Fung to the department’s top job in 2009.

“We can’t take the mayor’s word for it on this,” he said.

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