New London officer who took photos of corpse is reinstated

New London - A New London police officer who was fired in July 2009 after he took pictures of a dead body with a cell phone and e-mailed them to various people has his job back.

The state Board of Mediation and Arbitration issued a decision Monday that Jeffrey Nichols should be reinstated. He will not, however, be entitled to back pay or benefits from the time he was fired until the board's decision Monday.

Nichols was fired July 13 for conduct unbecoming an officer and for divulging police information to the public. Shortly after, he filed a grievance, saying that he was fired without just cause.

On June 20, 2009, Nichols was dispatched to the Red Roof Inn for a reported drug overdose, according to the arbitration award document. He took two pictures with his cell phone and sent them to his then-fiancee and three other friends. He sent text messages, including, "My dead body of the day - Officer Nichols" and "This is what happens when you overdose."

One of the recipients of the message, Rachel Silva, said she "was shocked" to see the picture, as she knew the deceased from high school. She showed it to a co-worker who contacted New London police.

In a statement before the arbitration board, Police Chief Margaret Ackley said she fired Nichols because "I don't really have any other choices when I'm put in a position of - such as this - public trust."

"And I have to have confidence that we're sending officers into the field to use common sense and logic to determine what's a good decision versus a bad decision," Ackley said.

The mediation board, however, sided with Nichols, saying that while punishment was warranted, termination was too extreme.

Deputy Chief Marshall Segar said in an e-mail statement that Ackley stands by her decision to fire Nichols. Segar said the city reserves the right to appeal the ruling but added that a decision has not been made.

Neither Nichols nor union President Darrin O'Mara could be reached to comment.

According to the city's personnel rules, Ackley had two choices: She could suspend Nichols for 20 days or fire him, Segar said. Ackley said she felt suspension was not an appropriate punishment for Nichols' actions.

The mediation board agreed, Segar said, since Nichols was suspended for 17 months.

The mediation board met with representatives from the city and police union on three separate occasions before making its decision. It said both the city and the union used a seven-part test when dismissing an employee under the standard of just cause.

Those rules include: Was the employee forewarned of the consequences of his misconduct? Has the employer applied its rules, orders and penalties evenhandedly? Was the degree of discipline reasonably related to the seriousness of employee's proven offense and the employee's past record?

The union argued that the city failed to provide fair notice to Nichols that such conduct was inappropriate and could result in termination.

The union added that the department does not have a policy on the use of camera phones or taking pictures. It alleged, too, that the department was not even-handed in imposing its punishment.

The mediation panel disagreed with the police department's position that because of Nichols' lack of judgment in this instance, it would be unable to trust his judgment in the future.

The board agreed with the union that Nichols was a relatively new hire, had no prior disciplinary action and that his lack of judgment did not warrant his firing.

"Grievant is being severely punished for his actions, which punishment should serve as a constant reminder to grievant that using good judgment is critical in performing the functions of a police officer," the decision stated.

The board did say, however, that Nichols' behavior was egregious: "This type of behavior cannot be condoned. However, the Panel disagrees that termination is warranted in this matter. To his credit, Grievant fully and honestly cooperated with the internal investigation and during the arbitration showed remorse for his actions."

i.larraneta@theday.com