Council Calls On Cop Union To Permit Independent Probe

The Hamden Legislative Council came close, but not all the way, to meeting the demands of protesters Monday evening by passing a resolution that calls on the police union and police chief to allow an independent investigation into the April 16 shooting of Stephanie Washington by Hamden Officer Devin Eaton.

The resolution was the council’s second stab at an official response to the shooting, after the first failed because community members, and many members of the council, said it lacked teeth.

The resolution states the council’s intention to adopt a policy that requires an external independent investigation after ​“officer-involved shootings resulting in injury (physical or emotional or death” and ​“use of force resulting in death and in-custody deaths.” In order to do so, it explains two paths: it requests modifications to the police union’s collective bargaining agreement (CBA), and it states that the Connecticut General Assembly should adopt policy requiring independent investigations into instances of police violence. It also states the council’s intention to negotiate an agreement with New Haven, to create police districts in Hamden, to make sure the new chief’s selection process involves public input, and to foster community dialogue.

In addition, it obligates the council president to appoint a special committee to examine the creation of a civilian review board (CRB), to appoint an independent expert to review the police department’s internal affairs investigation, and to appoint a special committee to review the collective bargaining agreements of protective services in the town.

Community members who have put pressure on the council, the mayor, and the police commission to act said that Monday night’s resolution also did not go far enough.

“It’s hope for some folks, but it’s not good enough,” said Meghan Rozarie, who spoke in the public input session.

Many members of the council acknowledged that it does not go as far as they would like, and that amendments will have to come at the next council meeting.

“We are on step two of a thousand-step journey,” said council president Mick McGarry just before the council passed the resolution unanimously.

Originally, the resolution did not call upon the union to permit an investigation. When Community Organizer Kerry Ellington spoke during the public hearing, she reiterated her demand, which she has been making for almost a month.

“It’s a pure conflict of interest for them right now to be investigating the case of officer Devin Eaton, and this resolution does not address that,” she said. ​“That conflict of interest — it doesn’t address that. There needs to be an independent investigation.”

In addition, noted Ellington, the resolution did not name Jarelle Gibbs, who was killed in a car crash after being chased by the Hamden police in August 2018. She said there should be an investigation of his case as well.

After hearing Ellington’s and other testimony, McGarry recessed the public hearing so that he and other council members could confer with Attorney Steve Mednick to add in clauses that would address Ellington’s demands. Then he came back and read the new language. Under the section stating that the council aims to change policy to require independent investigations in cases of police violence, he added that in the short term, ​“We call upon the police chief and police union to permit a 3rd party independent investigation, in lieu of the Ethics and Integrity unit.”

The new language added a mention of the chase that killed Jarelle Gibbs. The resolution now calls for the council president to appoint an independent, third party reviewer of the police department’s internal investigation into ​“the incidents of August 17, 2018 and April 16, 2019.”

Council members acknowledged that the resolution still needs work, including more specific language on the Jarelle Gibbs case. McGarry said that revisions will come at the next council meeting on June 3.

“A Matter Of Political Will”

Though Ellington said she was pleased with the progress since the last resolution, it still does not fulfill her main demand: It does not call on the Hamden Police Commission to launch an independent third-party investigation. Simply asking the union to allow an investigation, she said, is not strong enough.

“What happens when they say no? Because they have the ability to say no,” said Rozarie.

As Mednick explained to the council, if the police commission did so, that would take work away from the police union, as the CBA states that the police department’s internal affairs department investigates actions by police officers.

Ellington said she understands that launching such an investigation could prompt the police union to bring a case against the police commission. Yet there’s no language in either the town’s charter or the police union CBA that says the commission cannot launch a third-party investigation. Just because the union can bring a case against the town, she said, does not mean the council cannot call on the police commission to launch an investigation. And it does not mean that the union will win. The town, she said, has just cause in this instance.

“It’s a matter of political will,” she said. ​“It’s a matter of what they normally do, and they don’t want to go against what they normally do.”

Throughout the evening, council and community members expressed frustrations about the power of the police union’s CBA.

When we sat here doing the budget for the police department, said District 2 Rep. Harry Gagliardi, ​“all we got was we can’t change this, we can’t change that” because of the CBA.

Rozarie told the council that Hamden’s police CBA is much stronger than in most union contracts, and contains no ​“checks and balances.”

“Your boss would not typically be in the same bargaining unit as you,” she said. The Hamden police CBA, however, includes almost every member of the department, all the way up to one of the deputy chiefs. The only non-union full-time members of the police department are the chief and one of the two deputy chiefs. 

Amber Kelly, a professor of social work at Quinnipiac who spoke during the public hearing, said that the CBA and the limitations it places on the town have made her and other community members feel ​“so disempowered that we feel we cannot ask for accountability of our police department.”

Throughout the evening, council members echoed her theme of disempowerment.

“It really will not change until we have a change to the police collective bargaining agreement,” said Majority Leader Cory O’Brien. ​“As an elected official, as a politician, I have a feeling of disempowerment.”

The union contract does not expire until 2022. It has recently been reopened, however, so that the town and the union can negotiate a concessions package for the current fiscal year, which Mayor Curt Leng said in March was imminent.

Community members left having gained some, but not all, of what they had asked for. They said they would be back for the next meeting.

“I’m glad they recognize that it’s not enough,” said Spring Glen Church Reverend Jack Perkins Davidson, ​“and they know that there’s more work that needs to be done.”

The full text of the resolution is included below.

RESOLUTION AND ORDER OF THE HAMDEN LEGISLATIVE COUNCIL RE: THE APRIL 16 th SHOOTING AND THE CHALLENGE OF COMMUNITY AND POLICE RELATIONS

WHEREAS, on April 16, 2019, Stephanie Washington and Paul Witherspoon were subjected to multiple rounds of gunfire by officers of the Hamden and Yale University Police departments on the corner of Dixwell Avenue and Argyle Street in New Haven; and,

WHEREAS, Ms. Washington was wounded and hospitalized; and,

WHEREAS, the Hamden officer has been placed on administrative leave pending an internal investigation, in accordance with the terms of the collective bargaining agreement; and,

WHEREAS, another investigation by the State Police Major Crime Unit was ordered by State Police Commissioner James C. Rovella, at the request of the New Haven State’s Attorney; and,

WHEREAS, in the wake of the shooting there have been multiple public protest rallies, statements and prayers by clergy and a coalition of community organizations; and,

WHEREAS, on April 22, 2019 and, again on May 6, 2019, in the interest of information gathering, accountability and transparency, the President of the Legislative Council opened public comment sessions to allow for over six hours of unimpeded public input on the shooting; and,

WHEREAS, the following issues, among others, were presented to the Council: (a) funding an independent investigation into the shooting; (b) addressing the issue of racial profiling; (c) silence and inaction by the Police Commission; (d) creation of civilian review board with subpoena authority; (e) adoption of budgets that reflect the ​“moral” underpinnings of the community; (f) immediate termination of Hamden officer; (g) release of body camera footage; and, (h) structural reform in the governance, training and operational police procedures; and,

WHEREAS, following the public meeting at the Legislative Council, on or about April 26, 2019, Acting Chief Cappiello commenced an internal investigation of the officer and, thereafter, hired an independent investigator to assist the Ethics and Integrity Unit in said internal investigation; and, thereafter, State Police Commissioner Rovella released Officer Eaton’s body camera footage, other surveillance videos, audio files and other transcriptions; and,

WHEREAS, for the better part of the past decade many communities and organizations, throughout the nation, have addressed an array of community-police relations challenges, such as, use of force, abuse and proportionality; officer-involved shootings; community policing; police militarization; many of which were addressed by before the Legislative Council; and,

WHEREAS, in the wake of the long-standing national debate regarding numerous officer-involved shootings and use of force incidents throughout the nation, a Presidential Task Force on 21st Century Policing (“Presidential Task Force”) was convened and, in 2015 issued a comprehensive series of recommendations designed to build trust and legitimacy between law enforcement agencies and the communities they serve by establishing policies ​“reflective of community values” which seek to avoid “…disparate impacts on various segments of the community” through police/public collaboration, greater transparency through disclosure among other issues; and,

WHEREAS, communities of all sizes through the United States have taken concrete steps to implement the recommendations of the Presidential Task Force which pertain to their unique challenges; and,

WHEREAS, the objective of reform is not “…to generate, animosity toward the police, or to promote the perception that all police officers are prone to abuse” but rather to encourage “…a strong and sustained effort by community groups to bring about real and lasting reform”. Likewise, the challenge of reform must be to take into account “…the lives of policer officers and the lives of the people” they are supposed to serve; and,

WHEREAS, certain polling data by Quinnipiac University reveals that while 79% of Hamden residents ​“trust local police to do what is right” at the same time, 85% of residents find that ​“local police should make greater efforts to build relationships with communities of color”. Further, while 66% of black residents ​“worry about being the victim of police violence” compared to 12% of whites and 39% of Hispanic residents, it is also shown that 31% of all Hamden residents believe that “…police mistreatment of people of color is a serious problem in Hamden” and, a higher percentage, 72%, believe that it is a serious problem in the United States; and,

WHEREAS, the members of the Legislative Council, in the backdrop of the national debate and the recent local outcry, seek to build a foundation for legitimacy, trust and transparency; yet, we must do so in the context of our fundamental legal and fiduciary responsibilities to the Town, which is especially true during the pendency the contractually negotiated administrative proceedings as well as the ongoing and potential criminal and civil legal proceedings.

NOW THEREFORE BE IT RESOLVED:

1. External Independent Investigations for Officer-Involved Shooting and Certain Use of Force Cases. That the Town should adopt a policy requiring external independent investigations of the following: officer-involved shootings resulting in injury (physical or emotional) or death; or use of force resulting in death and in-custody deaths. Such a policy would require that independent investigators not employed by Hamden Police Department (“HPD”), to conduct contractually-required reviews. Such investigators should have ​“adequate training, knowledge and experience ​“in the conduct of such investigations and knowledge of policies pertaining to officer-involved shootings, use of force and best police practices. Moreover, the objective of such policy must be transparency, impartiality, distance/separateness and objectivity.

a. In the short term. We call upon the police chief and police union to permit a 3rd party independent investigation, in lieu of the Ethics and Integrity unit. The Town further requests modification of the applicable Collective Bargaining Agreement (“CBA”) for the purpose of substituting an external independent investigator for the Ethics and Integrity Unit in (i) officer-involved shootings resulting in injury (physical or emotional) or death; or (ii) use of force resulting in death and (iii) in-custody deaths. The town is unable to unilaterally modify the CBA or any past practices since ignoring the contractual process might constitute a prohibited practice in violation of the Municipal Employee Relations Act and, thereby, subject the Town to a remedial order of the State Board of Labor Relations. Such unilateral action may also jeopardize any disciplinary action. 

b. For the long term, The General Assembly should adopt legislation requiring external investigations of all departmental and civilian complaints that could result in the discharge, demotion or discipline of officers involved in (i) officer-involved shootings resulting in injury (physical or emotional) or death; or (ii) use of force resulting in death and (iii) in-custody deaths. The work of the independent investigator would be conducted in accordance with local disciplinary rules as set forth in CBAs and Charter. The final investigatory report, upon completion, would be submitted to the local Chief for further action. Moreover, the legislation should establish an independent office with legislative authority to investigate such complaints and be responsible for the training of investigators, including establishment of policies assuring investigative independence. By way of example, the Office of the Attorney General may be considered since the office does not have criminal jurisdiction.

2. Hamden/New Haven Agreement. That the Town of Hamden and City of New Haven should negotiate an agreement pertaining to mutual aid ​“cross town line” activities to supplement any current agreements, understandings or policies, if any. In doing so, officials should take into account policies designed to build public trust and departmental legitimacy as embodied in the recommendations of the Presidential Task Force to the extent that may be applicable to either of the two municipalities.

3. Police Districts. That the Police Department and Police Commission should study the efficacy of creating police districts in Hamden in order to encourage further public participation on issues impacting all neighborhoods in the Town.

4. Selection of the Police Chief. That the selection process for the next Police Chief should be conducted in an open and transparent manner process allowing for substantial opportunities for robust public input, mindful of many of the issues addressed in this Resolution.

5. Community Dialogue. That the Town should find ways and means to foster a dialogue on the issues raised in this Resolution as well as short and long term issues, strategies and policies pertaining to economic and job development, quality of life, public works as well as protective and public services in the mutual aid zone on the New Haven/Hamden town line and throughout the Town. Again, there should be public neighborhood meetings to review policy alternatives. With regard to the committee appointed by the Mayor, the Council would recommend the filing of an interim report following the November 2019 election; and, budget recommendations for the FY 2020 – 21, if any, by March 1, 2020. 

IN ADDITION TO THE FOREGOING, THE LEGISLATIVE COUNCIL HEREBY ORDERS:

1. Creation of a Civilian Review Board and Reform of the Police Commission. That the Council President shall appoint a special committee of the Council to examine the ways, means and efficacy of creating a Civilian Review Board (“CRB”) for the Town and/or modifying the composition of the Police Commission. 

a. Charter Revision Approach. 

i. Amend the Charter to Create a CRB. A CRB may be established by Charter. While there is no express grant of authority to create CRBs in Connecticut, Hamden may by revision of its Charter, create boards and commissions “…required by the general statutes or by the charter…which are specifically allowed by the general statutes or which are necessary to carry out any municipal powers, duties or responsibilities under the general statutes”; C.G.S. §7 – 193(b). Under this approach the CRB would have no subpoena authority and no contractual role in the disciplinary process; 

ii. Amend the Charter to Create Qualifications for Membership on the Police Commission. Hamden may amend its Charter for the purpose of changing the current composition of the Police Commission by expanding its membership to nine (9) members to be appointed by the Mayor and confirmed by the Legislative Council. To ensure distribution of membership throughout the Town the Mayor would nominate candidates from each of the Legislative Council Districts in Town. The appointments would be subject to the minority party representation requirements of the Charter. Moreover, the Charter should also be amended to establish qualifications based upon significant personal, business and professional, experience in any of the following fields: law, public policy, social work, psychology, mental health, law enforcement (although not in the HPD), community organizing, civil rights, advocacy on behalf of immigrant or undocumented people, and advocacy on behalf of LGBTQ people. Of course, a phase-in of new members would be required. Unlike the CRB, the Police Commission has a direct role in discipline both under the Charter and CBA.

b. Legislative Approach. The General Assembly should adopt legislation expressly granting the authority for municipalities to establish CRBs and to provide CRBs and local legislative bodies with the authority to issue subpoenas. The legislation should also include the role of the CRB in discipline to be a mandatory subject for collective bargaining.

2. Independent Third Party Review of Town Investigations and Proceedings Arising from the Incidents of August 17, 2018 & April 16, 2019. The President of the Legislative Council is authorized to select and retain a qualified, independent expert to review and report to the Council concerning the following matters:

a. The thoroughness and fairness of the investigation conducted by the Ethics and Integrity Unit of the HPD related to the use of a firearm by a Hamden police officer within the City of New Haven on April 16, 2019, as well as another incident involving a police pursuit which occurred on August 17, 2018

b. The process applicable to potential discipline or discharge of police officers as provided by the Charter, the rules and regulations of the Police Department, the collective bargaining agreement between the Town and the Union representing such police officers and other applicable authorities;

c. Suggestions to improve the training, educational and operational protocols (including, but not limited to urban trauma and de-escalation) applicable to the Town’s police officers in the performance of their jobs, on an on-going basis, taking into account the need to ensure that the protection of citizens be safeguarded and enhanced;

d. Suggestions to improve the cooperation and coordination of the HPD with the police agencies of other jurisdictions;

e. Suggestions to improve the disciplinary process applicable to the Town’s police officers, including suggestions for revision of the Hamden Town Charter, the rules and regulations of the Police Department, the collective bargaining agreement between the Town and the Union representing such police officers and other applicable authorities, taking into account the need for the proper maintenance of fairness, accountability and transparency; and

f. Suggestions for any state or municipal legislation that would be required to permit the adoption and implementation of the items listed above.

While the President of the Council is authorized to establish deadlines, formats and other formal aspects of preliminary drafts of the report described above, the final report shall be made public upon completion. The Legislative Council shall appropriate the funds necessary to implement the independent expert review and report described above.

3. Special Committee to Review CBAs. That the Council President shall appoint a special committee of the Council to review the CBAs of the protective services of the Town in order to enhance accountability and transparency and to review provisions which have direct and long-term impacts on the Town.