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To: Jeffrey S. Mitchell who wrote (796)	6/2/2000 12:29:00 AM
From: Jeffrey S. Mitchell	Read Replies (1) \| Respond to of 1397

Re: 6/1/00 - Cop board backs paid leave for 2 in probe Cop board backs paid leave for 2 in probe By William Kaempffer, Register Staff June 01, 2000 NEW HAVEN ? The chairman of the Board of Police Commissioners said Wednesday he supports the chief?s decision to place two top officers on paid leave, even as the police union vowed to fight the move if asked. Commission Chairman Richard Epstein said the board stands behind Chief Melvin H. Wearing in the matter. "We all support the chief and we support his right to make these types of personnel decisions in the best interest of the department," Epstein said. "I?m hoping that the whole situation is resolved in a timely basis." On Tuesday Wearing placed police Capt. Brian Sullivan, head of the department?s detective bureau, and Edward Kendall, head of its forensics unit, on paid leave amid allegations that members of the detective bureau hid evidence from North Haven police investigating a murder. A state grand jury has been convened to investigate potential criminal misconduct by police and Wearing launched an internal probe. Meanwhile, union President Sgt. Louis G. Cavalier assailed Wearing?s move and vowed to file a labor grievance if the officers want to fight the leave. He has not been in touch with the officers. The police chief has the authority to unilaterally suspend an officer for up to 15 days. Any discipline beyond that must be approved by the Board of Police Commissioners. Administrative leave, however, can be indefinite, according to William Clark, director of the city?s labor relations department. And it does not require the blessing of the police commission because, by definition, paid administrative leave is not a form of discipline, Clark said. "It falls within the discretionary powers of the chief," Clark said. Epstein said in his six years on the police board he had never seen administrative leave used before this case. But Cavalier maintained that calling the action administrative leave is just sugar coating. "To tell them to pack up and go home is a form of discipline," Cavalier said. "If that?s not discipline, then somebody better look up the word discipline and let me know what it means." Cavalier said the paid leave is unfair to everyone involved. It?s unfair to the taxpayer because the city is footing the salaries and unfair to Sullivan and Kendall because it limits their earning potential. They cannot earn overtime and work extra duty while on leave. "We?ve got people arrested and they just restrict them to inside duty while the case is being adjudicated," he said. "They could have transferred Sullivan and Kendall to a different unit. These are people who have not been charged and not been found guilty of anything." "I think they?ve opened up a Pandora?s box here and they?re being selective on what they?re doing." Cavalier said the union would make a request to Clark to enter into negotiations on the administrative leave process, which is not addressed in the union contract. If the city doesn?t oblige, he said, the union will file a prohibitive practice complaint. Wearing declined comment on the union?s position. Earlier this month, Wearing granted Officer Keith Wortz administrative leave after he brought allegations of threats by other officers in connection with the North Haven controversy. Cavalier said the difference between Wortz and Sullivan and Kendall, is that Wortz asked for the leave. Several months ago Wortz went to State?s Attorney Michael Dearington with allegations that the detective bureau suppressed evidence in the murder of Philip S. Cusick. Police believe Cusick was shot in New Haven and his body was then dumped in North Haven outside his parent?s house. Dearington applied for a grand jury in April after his investigation stalled. ¸New Haven Register 2000 zwire.com