Elicker Claims Charter Allows Him To Keep Dominguez As Acting Chief Indefinitely

Tom Breen File Photo

Mayor Elicker (pictured at left) charter technically allows him to keep Dominguez (at right) running the department despite a six-month limit on "acting chiefs."

Mayor Justin Elicker rejected a call Monday to put someone else in charge of the police temporarily while he searches for a permanent new chief.

The call came from the Rev. Boise Kimber, who held a press conference on the subject at First Calvary Baptist Church.

Kimber noted that Acting Chief Renee Dominguez has announced her intention to retire and has withdrawn her name for consideration for the top cop role after the Board of Alders voted her down. Elicker said he will now conduct a national search for a new chief. In the meantime, he intends to keep Dominguez in charge for the department.

We believe that there needs to be a new start preparing for the next chief. If [Dominguez] remains there, then nothing will continue to be done,” Kimber argued. We need some of these murders solved, some of these shootings solved in our community. So we’re demanding that the mayor will release her of her responsibility.” He also called on Elicker to involve the community in a committee vetting candidates.

New Haven has made arrests in five out of 25 reported homicides this year. It has made five arrests in connection with the 20 homicides reported in 2020.

Elicker issued a statement Monday reaffirming his intention to keep Dominguez in the job while a national search plays out. She has been a strong and able leader, and I’m confident she will continue to be so in her remaining months with our department,” he stated. He said the search process will include a community feedback component.”

Mayor's Math: 6 (months) = 3 + 6 + (9?)

Elicker discussed the status of the search in a conversation last week with the Independent.

Elicker said that search hasn’t started yet.

When will it begin?

As soon as we can,” he said.

He said his administration is still working out the details on how exactly to proceed.

Elicker said he intends to keep Dominguez in place as the head of the police department until the search plays out and a new chief is found. 

That requires a creative interpretation of the City Charter.

The City Charter states that someone can serve as acting police chief for no more than six months. Elicker pointed to a section of the charter that he argued allows someone to serve for more than six months in an acting capacity so long as the mayor submits their name for confirmation to the Board of Alders. 

The mayor did just that with Dominguez’s name in November. The Board of Alders ultimately voted to reject her nomination. And she has now withdrawn her name for consideration.

But by virtue of submitting her name for consideration at all, Elicker claimed, he has met the legal threshold established by the charter to have someone remain acting chief for longer than six months.

I think we need to be practical here,” he said. In his view that means having Dominguez remain at the top of the department while a new search takes place.

Dominguez has actually been running the police department day to day since at least March when then-Police Chief Otoniel Reyes started using up accrued time off before retiring. At first she was an interim chief” until he left the building. She has legally been acting chief since June 30, when Reyes officially retired. That means she will hit the six-month mark as acting chief on Dec. 30.

During a police commission meeting last week, Dominguez confirmed to the commissioners that she has withdrawn her name from consideration for the permanent top cop spot. She also confirmed that she does plan to stay on as head of the department in the interim.

I am here as a national search begins to help with the transition,” she said. I will be staying on until that permanent appointment.”

When Dominguez first announced her pending retirement ten days ago, Elicker issued a statement elaborating on his chosen interpretation of the charter: The charter states that no person may hold such a position for more than six months without being submitted for confirmation by the board.’ Chief Dominguez’s name has been submitted. The charter separately references a director should remain in the position until a replacement is found. We have a solid plan for action for filling the position of chief and the City deserves stability while we do so.”

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