White Granted $91,000 Pension; City “Outraged” At Pension Board’s Vote
by Melissa Bailey | April 12, 2007 12:16 PM | Permalink | Comments (11)
In a move that undercut the city’s effort to get tough on the embattled ex-narcotics cop, the city pension board granted Lt. Billy White retirement retroactive to March 15, which was before the city fired him. “I can’t believe he just did that!” said the city’s Emmet Hibson, Jr. (pictured at right), storming out of the room.
White retained the right to retire with an annual pension of $91,000 after 39 years of service to the police department. The Police and Fire Retirement Board voted at a meeting Thursday morning to grant White disability retirement retroactive to March 15, the day he formally agreed to step down after being arrested in a theft and bribery scandal. Setting the retirement date to March 15 “outraged” the city, undercutting attempts to get tough in the wake of the scandal.
The fate of Det. Justen Kasperzyk, the other cop arrested in the scandal, has yet to be determined: Kasperzyk, who served only 12 years on the force and so can’t qualify for “age annuity” retirement, has applied for a $41,000 annual disability retirement based on claims of back problems. His request was tabled pending further medical info.
(Click here to read a potboiler 57-page FBI affidavit about the bribery and theft case against Kasperzyk and White. Click here for the latest in a series of articles on the scandal.)
Sgt. James Kelly, who has not been named in the scandal, was also granted retirement at the meeting at 200 Orange St.
Shushed
An otherwise routine meeting erupted as the topic turned to White. At the heart of the debate: Exactly when does retirement take effect? Can the city intercede by firing someone with a pending request before the retirement board?
White and Kasperzyk were both fired last week by the Police Commission. In effort to “get tough” in the wake of the scandal, the city had hoped that by firing the cops before the pension board met, it could strip away some benefits and leave them with the scarlet letter of termination. The move did not go exactly as planned.
As the topic turned to White (who was not present), Hibson, the director of labor relations for the city, tried to speak up on the city’s position. He claims disability retirement takes effect only the day the pension board verifies medical proof and votes on the matter. By Hibson’s logic, White had already been fired before the meeting, and therefore should not qualify for benefits retroactive to March 15.
Hibson tried to speak up, but some board trustees, who said retirement benefits shouldn’t be disrupted by termination, didn’t want his input.
“You’re not on the agenda,” said Jim Kottage, who chairs the fund. Trustees Rick Epstein and Bishop Theodore Brooks argued to allow Hibson to say his piece. “If we’re going to make an informed decision, then let’s be informed,” reasoned Brooks.
Hibson was hushed up by a 3-2 vote. He slipped a note to Brooks and Epstein instead.
“Anyone Got Lighter Fluid?”
Brooks and Epstein came down on the city’s side: Only the Police Commission has the power to hire or fire, they argued. Setting his retirement date to March 15 would effectively undo the April 4 termination.
A legal opinion from the pension board’s counsel, Carolyn W. Kone of Brenner, Saltzman & Wallman, contradicted their claim. Kone cited a legal opinion written in 1989, when a city employee was fired. “The fact that she was formerly terminated didn’t matter — she was still entitled to her pension,” said Kone. Termination and eligibility for retirement are two separate issues, she said.
Frank Lombardi (pictured at right, with Kottage at left), vice president of the police union, Local 530, cited Kone’s advice and fought for the rights of his member earn the pension he’d spent years working for. He moved to grant White not just age annuity, but disability retirement, which is desirable for tax purposes, retroactive to March 15.
Commissioners first voted to grant White age annuity — retirement he’s entitled to for having served 39 years on the force. (Epstein, whose firm has written insurance for White, abstained from the votes on White.) One man — Brooks — objected.
Then the commissioners approved his disability retirement, with Brooks and Wendy Mongillo objecting, for a 3-2-1 vote.
Vote tallied, Hibson jumped up from his seat.
“Tell Joe Pettola he’s fired!” yelled Hibson to the police union rep. He was referring to a city detective who submitted retirement papers briefly, then changed his mind and went back to work before the pension board met. Pettola’s retirement never took effect, proving, by Hibson’s logic, that retirement takes effect only when the board meets, not retroactively.
“Are you going to terminate Detective Pettola?” asked Lombardi. “Is that a threat? I guess my pension is under threat too?” he called out, as Hibson left and reentered the room. By Lombardi’s reckoning, Hibson’s stance was a flat-out denial of benefits required by the police union contract, which contains no “bad boy” clause indicating otherwise.
“Anyone got lighter fluid? I’ll burn the contract!” Lombardi called to Hibson.
After the scene settled down, Kone, the counsel, said the Pettola incident is different because it concerns the granting of rights, not the removal of rights. Submitting for retirement is a “right, rather than a requirement. If you say, OK, I don’t want to be eligible, that’s OK.”
Epstein, speaking as chair of the Police Commission, objected to the retirement date set at Thursday’s vote. “We’re disappointed,” he said, “and we feel that the Police Commission is the ultimate hiring and firing board.”
The city issued a press release professing “outrage.” Said Mayor John DeStefano: “We have real issues with the effective date and also the city’s right to terminate. That’s the crux of the disagreement. We think the pension board has acted inconsistently with its own rules.”
Comments
Posted by: huh? | April 12, 2007 2:58 PM
This sounds like sneaky union stuff. Did the city really negotiate a contract with the union that protects officers who knowingly and negligently break the law while on the job? What is that all about?
Sure, the threat of criminal prosecution should act as a deterrent, but since this was all about greed, maybe the threat of not receiving pension or disability payments would be an even better deterrent for these sorts of things. What is going to prevent this from happening again?
Posted by: OH WELL | April 12, 2007 6:48 PM
This smell of fish. The Actor's in the script will not be nominated for an Oscar.This is burning tax payer's Dollar's.
Posted by: Joe | April 12, 2007 7:00 PM
Huh, Nothing will because the political will is just not there to do the right thing. And the arrogance is stifling. Look at this: "He moved to grant White not just age annuity, but disability retirement, which is desirable for tax purposes." You gotta love how flauntingly arrogant these crooks are.
Posted by: Jackie | April 12, 2007 8:33 PM
I can't wait to see those two cops in jail. Maybe if they are in prison, we won't have to pay them those pensions? I would really like to hear a post from an attorney about this case, because I don't understand how being convicted of crimes while representing the police would affect retirement benefits.
Posted by: yellowcard | April 12, 2007 10:33 PM
Interesting stuff. And to answer huh?s question yes the City did negotiate that. As a matter of fact the City agrred they got thier pensions (read the register article at the following link http://www.nhregister.com/site/index.cfm?newsid=18171148&BRD=1281&PAG=461&dept_id=517515&rfi=8 ) By the way OH WELL as far as tax dollars are concerned the cops are entitled to thier pensions under the law. If they retired without issue it would not increase or decrease thier pension. Worried about your tax dollars? You should worry about the amount of tax dollars that get paid out to settle the City's illegal civil service decisions put forward by Tina Burggett and supported by Tom Ude. Joe, it's not arrogance its what thier legally entitled to. Jackie, I think they your key statement is "convicted of crimes" that says it all. They would be entiltled regardless but it should be pointed out that they have not been convicted of anything. They have only been arrested and under the constitution, of Connecticut and the USA, they are presumed innocent. They still have that right, don't they? Due process, wouldn't you agree? How about Lt. Sonya Atkinson, on film with a couple pounds of pot in front of her while living with her boyfriend, a convicted felon, who was selling it. Nobody bitched then, she retired, why now??? As a matter of fact the Mayor and friends preferred that she go away quietly and did not have her charged with the many department violations that were present. Lets not get to righteous and convict somebody due to the popular political climate thats here today but could be gone tommorrow!!!
Posted by: James | April 13, 2007 9:07 AM
@Yellowcard
Because the City has acted in an immoral, irresponsible, self-serving, and despicable manner in the past (eg. Lt. Atkinson) is not a validation of why they should be able to do so today. Atkinson should have been dismissed and charged. That has no bearing on the case here today.
Regarding legal entitlement, I have no experience in this field and will bow to your knowledge. Let's say that they are legally entitled to their pension regardless of crimes committed. That's a massive flaw in the law that needs to be changed and no reason to be glib. Can you honestly make a moral argument for why someone who has abused the power of their office and broken the law which they were paid to uphold should be entitled to their pension? If you can, I imagine that you, like the board that approved this deal, are a cop looking to protect your own ass when your time comes. The union is far more concerned with self preservation and precedent than they are with holding themselves or their members to any semblance of moral standards or accountability.
You want to know what pisses most of us off, Yellowcab? It's the fact that the vast majority of us are out there day after day busting our asses to make a decent living and a decent life for our families. Do you want to know what would happen to me or most any other honest citizen if they were indicted on fraud? I can tell you that we wouldn't be receiving severance pay, benefits, and back pay. We would be out on our asses, in the street without a moment's notice. Why in the hell should Billy White be entitled to anything more than that? If that is the current law, so be it. The law needs to be changed. I am constantly amazed at how the Union thwarts efforts to crack down on corrupt cops. How do you think that makes the rest of the force look? Bad, Yellowcab, very bad.
As far as the difference between indictment and conviction, you're right. It's premature to judge Billy. Let's skip forward a few months. Let's say that they system works for a change and he's convicted. Then where do you stand? Should a cop convicted of abusing his post, failing to protect those who he is sworn to protect, and lining his pocket with money stolen while on the job deserving of a pension? Can you justify that for me? Not on some weasely-ass union maneuvering, but on logical, moral grounds?
The city raised my taxes 100% this year, in part to pay for more cops. You'd better believe that I expect a better explanation and more accountability from the city and the union before I'm willing to swallow that steaming load. The day I see the New Haven police acting responsibly, setting an example, and actually preventing crime is the day that I will willingly give my hard earned money to the city to hire more cops. Hell, you wanna steal from drug dealing garbage? Go ahead. Steal your face off. I really don't care. As long as you're doing a good job and keeping the city in order, you'd be surprised at what you can get away with. But they city of New Haven is the biggest crap hole I have ever had the displeasure of living in. A city of this size should be able to take care of its problems. Unfortunately you're all too busy stealing, embezzling, and giving out no-bid contracts to do anything decent for the city.
You want to know why people are pissed with Billy? Because his actions (if proven true) represent just about everything that is wrong with this city. And those fighting for him to keep his pension, that take care of the rest.
Posted by: guest | April 14, 2007 11:50 AM
Everyone acts as if money is the only thing worth anything.
Even the FBI and PD.
The only time a cop gets busted is if money is involved.
Perjury? Who cares.
Rights violations, even extreme and criminal ones? Just sue us.
But that is corruption too.
I am sick and tired of police officer crimes being treated as administrative matters; or worse, as an act that fulfills department policy, while the rest of us would be charged with crimes for the exact same violations.
New Haven - PD, City Hall and State's Attorney -- should be under investigated by the DOJ office of civil rights and the US Commission on Civil Rights.
Defense attorneys and civil rights attorneys have to start finding a way to pool their notes, figure out what they can release and get off their butts and do it -- they are complicit right now. They don't want to hear that, but they are -- they throw a couple of one-liners at the press about how bad New Haven is and walk away. Aside from signing up any new clients they can, that is the sum total of their contribution to date since this scandal broke. That's not good enough.
As far as pensions - support the law AG recommends that would cut pensions to dirty cops.
As far as the police union zealously defending their officers -- be glad that someone - and they are the only one -- is doing their job to the max and with passion right now.
If PD, city hall, state's attorney and to some extent, feds were doing their jobs all along it wouldn't be happening.
Call for an investigation by Dept of Justice civil rights division - god knows they have the time.
Request that the US COmmission on civil rights come to New Haven to hold hearings. Yeah their budget was cut to pieces by Reagan, but they still have an impact and if, and only if, civil rights and defense attornies help line up the evidence to present to the commission, the report the commission later issues will be scathing. WHy do I know that? Because on its face New Haven reeks of corruption.
Posted by: Nancy Drew
| April 15, 2007 12:14 AM
Yellowcard-BRAVO to you!! Most City residents are ignorant of the numerous and continuing illegal civil service practices that result in hundred thousand dollar settlements. Within the past two weeks three City police officers received a combined award of $750,000! They sued because they were unfairly passed over for promotion. The City once again violated the Civil Service process and settled out of court. How do Tina Burgett and Tom Ude stay employed with such losing track records? As for Emmet Hibson don't be impressed by his sense of outrage. He knows how to play dirty, especially when it comes to layoffs.
Posted by: cedarhillresident
| April 15, 2007 2:52 PM
Nancy Drew if the officers were fairly promoted they would of had no reason to sue. If Billy white was moved from his post when originally asked he may not be were he is at. These thing were all avoidable yet still seemed to happen. The question is why and how do we fix it.
And "guest" you are right "police officer crimes being treated as administrative matters" is not the right way!
James I loved your post
but I think alot of people try to look at it in all ways, Billy is wrong, should go to jail and should not get his whole pention...but he is a product of a bad administration. Officers should have somekind of rotation thing going on where they do not work in one department for to long. A few year at best. They should be given lie detector tests to make sure they are staying honest to themselves and to the city. And the union may not agree on something like that but any good cop would.
Posted by: justice | April 16, 2007 6:12 PM
This may be a little off topic, but I have to say three things:
1)James, your post was thorough, really great.
2)Yellowcard, your post reminds me yet again how deleterious the police union is to citizen welfare. You state that if the officers were to be convicted of crimes and in prison for them, that even then they would be entitled to their pensions. Really? That means we reward city police not only for stealing on the job, but undermining civic order in the most basic way: people will cease to trust the police on any case dealing with drugs or cash.
I am filled with disgust, not just by the officers charged with these crimes (taped by the FBI!) but by that blue line of officers like Yellowcard who would defend ex-cops the right to sit at the all-you-can-eat public table, no matter how they had abused the public trust.
Lastly, Yellowcard, the issue of civil service exams and the shenanigans of the city that lead to huge payouts and settlements . . . that is a real issue. But substituting that issue for the issue of these disgraced officers' pensions is a classic case of introducing another topic instead of arguing to the point at hand. A classic tactic of the worst kind of politicians. You give police officers a terrible image - surly, arrogant, self-entitled.
Posted by: blackdog | April 16, 2007 9:43 PM
As "guest" hinted, don't hold your breath waiting for DOJ to come to the rescue: http://trac.syr.edu/tracreports/civright/106/
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