Comments on: Scuttlebut http://www.undergroundtownhall.com/archives/scuttlebut Sun, 07 Mar 2010 23:52:13 -0700 http://wordpress.org/?v=2.9.2 hourly 1 By: Cindy http://www.undergroundtownhall.com/archives/scuttlebut/comment-page-1#comment-1257 Cindy Thu, 12 Nov 2009 18:50:23 +0000 http://www.undergroundtownhall.com/?p=6582#comment-1257 Well, I never said a Police Commission was perfect. But even in Madison, at least the issues were brought to light. I think a Police Commission or some sort of Board of Review made up of Cheshire residents who have a stake in the outcome, is a lot better than what we now (nothing) or person making decisions and much better than an outside consulting firm. Well, I never said a Police Commission was perfect. But even in Madison, at least the issues were brought to light. I think a Police Commission or some sort of Board of Review made up of Cheshire residents who have a stake in the outcome, is a lot better than what we now (nothing) or person making decisions and much better than an outside consulting firm.

]]> By: Robbie http://www.undergroundtownhall.com/archives/scuttlebut/comment-page-1#comment-1256 Robbie Thu, 12 Nov 2009 12:36:38 +0000 http://www.undergroundtownhall.com/?p=6582#comment-1256 Here is the applicable section of the Connecticut General Statutes relative to the dismissal of a municipal police head - what they do in other states doesn't really matter here. Sec. 7-278. Hearing prior to dismissal of municipal police head. Just cause requirement. Appeal. No active head of any police department of any town, city or borough shall be dismissed unless there is a showing of just cause by the authority having the power of dismissal and such person has been given notice in writing of the specific grounds for such dismissal and an opportunity to be heard in his own defense, personally or by counsel, at a public hearing before such authority. Such public hearing, unless otherwise specified by charter, shall be held not less than five nor more than ten days after such notice. Any person so dismissed may appeal within thirty days following such dismissal to the superior court for the judicial district in which such town, city or borough is located. Service shall be made as in civil process. Said court shall review the record of such hearing, and, if it appears upon the hearing upon the appeal that testimony is necessary for an equitable disposition of the appeal, it may take evidence or appoint a referee or a committee to take such evidence as it directs and report the same to the court with his or its findings of fact, which report shall constitute a part of the proceedings upon which the determination of the court shall be made. The court, upon such appeal, and after a hearing thereon, may affirm the action of such authority, or may set the same aside if it finds that such authority acted illegally or arbitrarily, or in the abuse of its discretion, with bad faith, malice, or without just cause. Here are pertinent sections having to do with a police commission in the State of Connecticut: Sec. 7-274. Establishment of town police commissions. Any town may, by ordinance, establish a board of police commissioners to be elected, in accordance with the provisions of section 9-201 or to be appointed by the council or board of directors of a town, the common council or other body empowered to make ordinances of a city, the board of burgesses of a borough or the board of selectmen of a town not having a council or board of directors, provided in a town having both a board of selectmen and a representative town meeting such ordinance may designate the representative town meeting as the appointing authority, for the purpose of organizing and maintaining a police department in such town. Such board shall consist of three, five or seven electors, all of whom shall be resident taxpayers of such town. Such commissioners shall be sworn to the faithful performance of their duties and shall serve without compensation, but their actual expenses and disbursements incurred in the performance of their duties shall be paid from the town treasury. Sec. 7-276. Powers of commissioners. Such boards shall have all of the powers given by the general statutes to boards of police commissioners, shall have general management and supervision of the police department of such town and of the property and equipment used in connection therewith, shall make all needful regulations for the government thereof not contrary to law and may prescribe suitable penalties for the violation of any such regulation, including suspension or removal from office of any officer or member of such police department. Such board shall have the sole power of appointment, promotion and removal of the officers and members of such police department, under such regulations as it adopts for the purpose, and such appointees shall hold office during good behavior and until removed for cause upon written charges and after hearing. The members of such police department shall have all such authority with respect to the service of criminal process and the enforcement of the criminal laws as is vested by the general statutes in police officers and constables. The Cheshire Public Safety Commission was formed some years ago only as advisory to the Town Council. They are in no way equipped to oversee the administration and operation of a police department. Further, they do not meet the statutory requirements to be a police commission, as outlined above. At the least, the Town Charter would have to be changed an an ordinance enacted to form a police commission in a manner consistent with state statutes. As an aside, what was the police commission in Madison doing over the several years that all those problems there were brewing? Here is the applicable section of the Connecticut General Statutes relative to the dismissal of a municipal police head – what they do in other states doesn’t really matter here.

Sec. 7-278. Hearing prior to dismissal of municipal police head. Just cause requirement. Appeal. No active head of any police department of any town, city or borough shall be dismissed unless there is a showing of just cause by the authority having the power of dismissal and such person has been given notice in writing of the specific grounds for such dismissal and an opportunity to be heard in his own defense, personally or by counsel, at a public hearing before such authority. Such public hearing, unless otherwise specified by charter, shall be held not less than five nor more than ten days after such notice. Any person so dismissed may appeal within thirty days following such dismissal to the superior court for the judicial district in which such town, city or borough is located. Service shall be made as in civil process. Said court shall review the record of such hearing, and, if it appears upon the hearing upon the appeal that testimony is necessary for an equitable disposition of the appeal, it may take evidence or appoint a referee or a committee to take such evidence as it directs and report the same to the court with his or its findings of fact, which report shall constitute a part of the proceedings upon which the determination of the court shall be made. The court, upon such appeal, and after a hearing thereon, may affirm the action of such authority, or may set the same aside if it finds that such authority acted illegally or arbitrarily, or in the abuse of its discretion, with bad faith, malice, or without just cause.

Here are pertinent sections having to do with a police commission in the State of Connecticut:

Sec. 7-274. Establishment of town police commissions. Any town may, by ordinance, establish a board of police commissioners to be elected, in accordance with the provisions of section 9-201 or to be appointed by the council or board of directors of a town, the common council or other body empowered to make ordinances of a city, the board of burgesses of a borough or the board of selectmen of a town not having a council or board of directors, provided in a town having both a board of selectmen and a representative town meeting such ordinance may designate the representative town meeting as the appointing authority, for the purpose of organizing and maintaining a police department in such town. Such board shall consist of three, five or seven electors, all of whom shall be resident taxpayers of such town. Such commissioners shall be sworn to the faithful performance of their duties and shall serve without compensation, but their actual expenses and disbursements incurred in the performance of their duties shall be paid from the town treasury.

Sec. 7-276. Powers of commissioners. Such boards shall have all of the powers given by the general statutes to boards of police commissioners, shall have general management and supervision of the police department of such town and of the property and equipment used in connection therewith, shall make all needful regulations for the government thereof not contrary to law and may prescribe suitable penalties for the violation of any such regulation, including suspension or removal from office of any officer or member of such police department. Such board shall have the sole power of appointment, promotion and removal of the officers and members of such police department, under such regulations as it adopts for the purpose, and such appointees shall hold office during good behavior and until removed for cause upon written charges and after hearing. The members of such police department shall have all such authority with respect to the service of criminal process and the enforcement of the criminal laws as is vested by the general statutes in police officers and constables.

The Cheshire Public Safety Commission was formed some years ago only as advisory to the Town Council. They are in no way equipped to oversee the administration and operation of a police department. Further, they do not meet the statutory requirements to be a police commission, as outlined above. At the least, the Town Charter would have to be changed an an ordinance enacted to form a police commission in a manner consistent with state statutes.

As an aside, what was the police commission in Madison doing over the several years that all those problems there were brewing?

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