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BOPC Vice Chairman Retains New Attorney

Posted by Shore Publishing on Aug 14 2008, 10:05 AM

 

By Meredith Crawford, Courier Associate Editor:

 

    Handling the matter concerning embattled former East Haven Police Officer Bob Nappe has become a near-daily affair in recent months, with the Board of Police Commissioners (BOPC) maintaining a schedule that sometimes includes two meetings a week. Meanwhile, disagreement over the very legality of these meetings continues across party lines.

    But, according to Vice Chairman Fred Brow (D), the process of withdrawing the BOPC’s appeal of a state Superior Court judge’s mandate that East Haven rehire Nappe, as well as a lawsuit against the Town filed by the BOPC, is moving forward steadily. Brow said he planned to announce his selection for the new BOPC attorney he was tasked with finding to replace Larry Sgrignari, who resigned last month, at a special meeting last Friday.

    Brow has selected Steven D. Ecker, a Hartford-based “Connecticut Super Lawyer” who specializes in appellate litigation.

    Brow secured $1,000 from the Board of Finance to “get things going,” he said. He estimates Ecker’s services will cost between $175 and $195 per hour. 

    “We’re at step two in about a four-step process. It’s a very procedural thing that we’re involved in,” said Brow, adding that if the BOPC approves hiring Ecker, the attorney would then file appearances on the board’s behalf in both of the aforementioned legal matters.

    When asked if Ecker would subsequently withdraw both the appeal and the lawsuit, Brow said that it was likely.

    “That will probably [be decided] at another meeting,” said Brow.

    The BOPC–which now has a Democratic majority of 3 to 2 after it was reconstituted following the passing of Republican Vice Chairman Terry Pine–had previously voted across party lines to withdraw the appeal. However, that was prior to Sgrignari’s resignation.

    Neither Republican Commissioner Sandra Wright nor Chairman Pat Romano have attended the most recent BOPC meetings. Romano, who is undergoing chemotherapy, said last Friday that medical reasons would preclude him from attending the meeting that night.

    “To be honest, I wouldn’t have gone anyway,” said Romano.

    Romano has questioned the legality of a vice chairman’s calling special meetings like the two last week, as well as a meeting held in early June, which he alleged was improperly noticed. He filed a complaint regarding the June meeting with the Freedom of Information Commission, but his grievance was dismissed “because…it wasn’t in their province,” Romano said.

    “I sent a letter [to Brow] saying that I still consider [the meetings] not legal…If they do have a meeting I strongly suggest that they get a ruling in writing from a town attorney before they made any decisions.”

    Both Brow and Romano admitted that they could find no documentation that states only a board or commission chairman can convene a special meeting. Romano said he’s consulting an attorney about the matter and expects to have an answer later this week.

    Nappe’s story began in 2004, when he retired from the EHPD after the BOPC denied him a leave of absence to pursue a voluntary, paid position training Iraqi police officers while working for a contractor for the U.S. Department of State. Upon his return, Nappe worked as a supernumerary officer for the EHPD but was fired for neglect of duty.

    Nappe’s situation prompted the passage of a legislative bill spearheaded by state representatives Mike Lawlor (D-East Haven) and Stephen Dargan (D-West Haven) that guarantees an individual’s right to return to his or her job upon return from a peacekeeping mission.

    When asked earlier this year if he would have gone to Iraq knowing the fallout he’s now experiencing, Nappe replied, “I’d go back tomorrow.”

 

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