White Termination Overturned
by Melissa Bailey | February 22, 2008 8:36 AM | Permalink | Comments (8)
A ruling from an arbitrator overturned narcotics cop Billy White’s termination, forcing the city to retreat from its effort to fire detective Clarence Willoughby (pictured).
The ruling “disemboweled” the city, boasted Willoughby’s attorney, Norman Pattis. “They’re falling on their sword for the day.”
Willoughby, the fourth cop arrested on corruption charges in the past year, has pleaded not guilty to charges that he stole thousands of dollars in department informant money. He filed for retirement on Feb. 6, before turning himself in. He was due to face a termination hearing Thursday night. Then came word from the arbitrator.
Thursday’s ruling threw a wrench in the city’s effort to get tough on corrupt cops by firing them even if they’ve already submitted for retirement.
An arbitrator reversed the city police commission’s decision to terminate Lt. White (pictured), who had filed for retirement after being snared by an FBI probe in the department’s theft and bribery scandal. The arbitrator concluded that firing White was in violation of the city Police Union contract, announced city spokeswoman Jessica Mayorga. (Click here for the city press release).
“The language in the contract is unfortunate,” said Mayor John DeStefano, Jr. in a press release Thursday. The city’s position was that a city General Order, not the union contract, should have taken precedent in determining exactly when someone has retired.
Hours before the city police commission had planned to hold Willoughby’s termination hearing, the city had to change its plans. The city swiftly canceled that hearing and withdrew its administrative charges against the detective, Mayorga announced.
The firing/retiring fight has popped up for each of the four cops arrested over the past year, including ex-Dets. Justen Kasperzyk and Jose Silva. DeStefano Thursday bemoaned the lack of a recourse to get tough on cops who’ve abused their powers.
“Bad Boy” Clause Sought
“When someone fails to uphold their oath to the community, breaks their trust and behaves in the manner that White, Kaspezyck [sic], Silva and Willoughby did,” DeStefano said, “they don’t deserve to be able to retire from the Police Department nor do they deserve the benefits that accompany that designation.”
White’s attorney, Hubert Santos, could not be reached for comment Thursday. White himself has been granted a $91,000 annual pension.
Police Chief Cisco Ortiz conceded that while he had been “adamant” in firing Willoughby, he accepted the ruling’s interpretation that the detective had effectively retired 10 days ago, and thus could not be fired.
As the mayor sits down to negotiate a new contract with the city police union, he said he’ll be pushing for inclusion of a “bad boy” clause, that would strip cops of their pensions and retirement benefits if they abuse public trust.
The union president, Louis Cavaliere, couldn’t be reached by press time.
Meanwhile, Willoughby’s attorney, Pattis, said he’s champing at the bit to start a jury trial. Willoughby’s case has been moved to Superior Court Part A, which is reserved for more serious criminal matters.
“Bring it on,” said Pattis. “We’re ready for jury selection.”
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Comments
Posted by: Gary Doyens | February 22, 2008 10:02 AM
What a crock:
"The language in the contract is unfortunate," said Mayor John DeStefano, Jr. in a press release Thursday. That is lovers' language.
This is the exact language that our corporation council, city HR and the mayor negotiated together and renewed with the sweetheart pay raises and benefits we can't afford to win union support for his doomed run at the governor's mansion. This mayor has been around city government for more than two decades - and he's just now figuring out the lack of a bad boy clause screws the taxpayers and rewards the lawbreakers. The current proposal has been around for months with the mayor sitting on his hands.
Meanwhile, while our big vision mayor is busy selling the fairy tale of turning Route 34 into a garden spot - the actual nuts and bolts of running the city are rusting away. Perhaps John should get a new pair of glasses - blurry vision even for the next two years, is going to cost beleagured city taxpayers a fortune.
By the way - perhaps now would be a good time to ignore the arbitrator. Let the union sue on behalf of these crooks to get the money.
Posted by: James | February 22, 2008 10:03 AM
Disgusting. I understand the Union's job is to look out for their members, but to be so glib in their successful trouncing of decency is simply disgusting. New Haven voters and tax payers must be adamant in their demand to see the Union's contract changed. I would sooner do without police than pay an annual pension to these peverters of justice. There is no decency in this decision. There is, unfortunately, a matter of law. Unlike White, Kaspezyck, and Willoughby , we cannot ignore the law simply because it is inconvenient. But we can and must change the law. The punishment for abusing the public trust is early retirement on a pension larger than 90 percent of the population's annual salary? Absolutely and completely disgusting.
Posted by: WEBblog 1
| February 22, 2008 10:41 AM
The ruling "disemboweled" the city, boasted Willoughby's attorney, Norman Pattis. "They're falling on their sword for the day."
Why, oh why, am I not surprised.
Chalk up another defeat for New Haven Taxpayers.
This decision comes on the the heels of a recent court decision by another city employee who worked for the park department, applied for a new job at the public works department and was discriminated against by humane resources and public works due to age discrimination. The plaintiff was awarded $500K of our tax money.
"The language in the contract is unfortunate," said Mayor John DeStefano, Jr. in a press release Thursday. The city's position was that a city General Order, not the union contract, should have taken precedent in determining exactly when someone has retired".
Bad Boy" Clause Sought:
DeStefano said, "they don't deserve to be able to retire from the Police Department nor do they deserve the benefits that accompany that designation."
Now how weak are those two statements, considering that the contract language is clear on this subject and already affirmed by the arbitrator.
Mr. Mayor you continue to rely on your gut and the Corporation Counsel, neither have served you well.
May I suggest Mr. Mayor, that you go back and apologize to Patty DeFrancisco and beg her to COME BACK.
Posted by: cedarhillresident
| February 22, 2008 12:10 PM
I am with james.
I have a question...
Can we ask for this to be added to the contract now as an amendment?? Or when is the present contract up?? And please FBI, PERF and who ever else is reviewing the police department. Can we PLEASE not oust anymore cops till we get this fixed!!
Posted by: Common Sense | February 22, 2008 2:10 PM
Weblog1 - I'm sure you were referring to Patty Cofrancesco.
Posted by: WEBblog 1
| February 22, 2008 2:58 PM
James:
Thank you for the correction. My apology to Attorney Patty Cofrancesco.
I would imagine she doesn't mind, it may as well be DeFranciso or any one else as far as she is concerned.
Posted by: Dan | February 22, 2008 9:11 PM
It's just another example that criminals have more rights then honest citizens. The corrupt cops made money through their corrupt ways and now will continue to live at taxpayers expense after they screwed us all over. If they weren't profitting from the crimes maybe they would have more incentive to clean up the activity.
I don't think their criminal activity should be handled any differently than a drug dealer. If a drug dealer is caught anything that he gained from the money made in a criminal activity is seized. A corrupt cop , however, that has probably used his illegal money for the same purposes doesn't lose his assets and is able to retire and collect more money in the form of retirement. Yeah...real justice. What a joke.
Posted by: Another loss | February 25, 2008 10:55 AM
Another loss for John Ward.
We must be keeping him on staff, because we like the underdog.
This guy has cost us millions and needs to go.
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