Tolnay Comes Home Amid Talk Of A Coup

New Haven’s police union president returned from his honeymoon with his wife to discover efforts to end his honeymoon with the rank and file, as controversy swirled around a new agreement struck over cops’ pensions and recruits’ probationary periods.

The president, Arpad Tolnay (pictured) of AFSCME Council 15 Local 530 (pictured), returned to work Monday facing a storm of criticism over a ​“memo of understanding” he struck with the city on March 28. Talk of a coup started circulating, with a contentious meeting scheduled for Wednesday night.

The dispute arises while the police union is negotiating a new contract with the city; and while tensions continue to simmer between the local union and AFSCME.

The ​“memo of understanding” (MOU) agreement between Tolnay and the city officially extends the probationary period for new cops. Right now, that period ends when a cop’s official ​“field training” ends. That includes the time cops spend in the training academy and then a ​“ride-along period” before hitting the streets as a full-fledged cop, a total of about a year. (According to another interpretation of the rules, no probation period exists.) Under the new agreement — which mirrors that of other cities, and is based on language in New Haven’s fire department contract — the probation period would last an additional year. The chief would have twice as much time to evaluate and possibly terminate new cops who aren’t cutting it.

In return for that probation clause, which gives the city more power to fire rookie cops, the city gave the union guaranteed protection for veteran cops’ pensions in the new contract.

“In exchange for this MOU,” according to mayoral spokeswoman Elizabeth Benton, ​“the City has promised that it will not alter any of the pension terms and conditions in the successor collective bargaining agreement that is currently being negotiated with Local 530 for any police officer with 15 or more years of service. This is consistent with the tiered pension structure that is being sought in other City and [Board of Education] contracts.”

The rank and file hadn’t heard about this agreement before Tolnay left town the week before last. He went to the Caribbean’s St. Lucia on his honeymoon.

Then rumors shot through the department last week about the agreement after a member of the training academy left the department due to personal medical problems. Some people were claiming that the deal struck by Tolnay prevented the trainee from getting protection she would otherwise have had. A firestorm of criticism erupted about what some called the ​“secrecy” of the process. Talk surfaced about voting him out; he was elected president last May, the first new union president in 30 years.

“Rumormongers and the people that are trying to disrupt the union prospered in my absence. But I’m back. And that’s over,” Tolnay said Monday.

Tolnay said he regrets having left town without explaining the agreement to other union leaders: ​“I left my executive board without the ability to give explanations in my absence.”

He said he didn’t want to discuss the terms of the agreement publicly until after he briefs union members at a Local 530 meeting Wednesday night.

“It has rocked the rank and file. It’s really adding an increased anxiety for officers,” remarked one officer.

“He might have made a great deal. We don’t know,” said a second cop. ​“We have to listen to what he has to say. He has to keep members informed.”

A third officer, a beat cop from another part of town, said he’s reserving judgment — but planning to attend Wednesday night’s meeting.

The talk about Tolnay’s agreement — and about the suspension of a police union lawyer during Tolnay’s absence — has been ​“constant,” the beat cop said.

“It’s a big thing,” he said. ” I’m still calling it rumors until I go to the union meeting Wednesday. I want to hear it from him.

“The problem with it is, if you did something, and you didn’t bring it back to the [rank and file] body, you made a decision on your own. Why didn’t we know about this?”

On the other hand, he said, ​“I see [Tolnay] doing his best. He’s trying to do everything the right way. I like the guy. It’s his first term in. It’s hard to jump in there and get it right the first time in. He might have to mess up to get it right. It’s his first year.”

Language In Contention

The new agreement Tolnay struck with the city grew out of confusion over what the exact terms of the existing contract are. City leaders understood it to mean that a probationary period covered recruits still in the academy (and thus the woman who recently left would not have had union protection to keep her job). Some union members understood the contract to cover all employees the moment they start training.

One provision of the union contract states this: ​“New hires and laterally transferred police officers shall be considered bargaining unit employees upon entry into the police academy or upon appointment.”

But the next sentence states this: ​“New hires shall be considered to be on probation through the successful completion of their Field Training Officer program.”

The contract also states this: ​“Upon the successful completion of the minimum mandated State training and certification, all new employees shall either join the Union or pay a monthly service fee as a condition of employment.” 

To clear up confusion, the new memorandum of agreement refers to the provision of the city’s fire union contract as the basis for the official rule for police probation. The provision reads as follows: ​“24.1 To enable the Board of Fire Commissioners to exercise sound discretion in the filling of positions within the Fire Department, no appointment to the position of Firefighter in the Fire Department shall be deemed final and permanent until after the expiration of a period of twelve (12) months probationary service. During the probationary period of any employee, the Board of Fire Commissions may terminate the employment of such employee if, during this period upon observation and consideration of his performance of duty and adherence to the Rules and Regulations of the Department of Fire Service, they shall deem him unfit for such appointment.”

New Haven’s last full academy class, which graduated in 2008, has already produced its share of headaches for the department. One rookie graduate of that class, Jason Bandy, called in sick to work and then went out drinking at the Center Street Lounge in what will no be part of the probationary period. There he got drunk, urinated on the bathroom floor, and refused to leave when staff tried to evict him, police said. Then-Chief James Lewis successfully moved to fire him. Then Lewis left town, and City Hall got him his job back. Three other graduates of that class were recently arrested in connection with the alleged firing of bullets into the air outside Christopher Martin’s restaurant and bar on Upper State Street.

Also during Tolnay’s absence, the rest of his executive board complained to AFSCME Council 15 about the attorney it assigns to work with New Haven, Richard Gudis. Gudis could not be reached for comment Monday; he was said to have encountered problems stemming from disputes with other locals as well. Council 15 placed Gudis on administrative leave last week and sent a new attorney to New Haven; some cops worried that he lacks the experience needed to represent them during current contract negotiations. Gudis also represented East Haven cops during the recent controversy over racial profiling.