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    Sunday, May 12, 2024

    Finizio owns fiasco centered on New London police chief

    Mayor Daryl Justin Finizio has mishandled his relationship with police Chief Margaret Ackley at every turn. As a result, the city finds itself in a precarious legal position with no good options.

    In suspending Chief Ackley last July, the mayor took a big gamble that he would be able to build a case to justify her firing or persuade her to take a settlement agreeable to the City Council.

    It appears he lost the bet. An investigation into the matter shows that while Chief Ackley may have aggravated the mayor, and their relationship had deteriorated to the point they "could not be in the same room together without getting into an argument," she was careful not to cross lines that would justify her removal.

    Instead of having produced grounds for firing, Mayor Finizio’s strategy has handed Chief Ackley a stronger legal position in her ongoing dispute with the city.

    Somehow, the administration has to find a way to a settle this and move on. It will likely require the council to swallow hard and pay up. Unfortunately, the price tag will be higher due to the mayor's ineptitude. Voters should remember this fiasco in deciding whether to rehire Mayor Finizio come election time.

    Theoretically, Mayor Finizio could reinstate Chief Ackley, suspended with pay for nearly nine months. It is hard to see, however, how she could effectively lead. Mayor Finizio’s actions have undermined her authority while union leadership appears focused on making her job as difficult as possible.

    "There exists a long-term, deep-seated animosity on the part of some members of the Department towards Chief Ackley, unrelated to any malfeasance on her part, which seems unlikely to change regardless of how Chief Ackley behaves or what she accomplishes," writes attorney Kathleen Eldergill, in her recent report to the City Council and mayor.

    The city paid Ms. Eldergill $20,000 to examine the 10 allegations of misconduct listed by the mayor in his July 31 letter to the police chief announcing her suspension. The mayor anticipated the investigation would provide the showing of "just cause" required to fire a police chief under Connecticut law.

    Instead, Ms. Eldergill found no evidence to uphold any of the allegations.

    "Based upon the evidence … it is my opinion the Mayor … will not be able to demonstrate that there exists ‘just cause’ for dismissal of Chief Ackley," she concludes in her 15-page report.

    Recall that when Mayor Finizio won election in 2011, Chief Ackley was set to retire, having alleged that a councilor had meddled in her department, conspiring with union leadership. An attorney’s investigation into that issue — the city seems to have more than its fair share of those — cost $25,000 and concluded the actions of the councilor, Michael Buscetto, did not rise to a level that would expose the city to civil damages.

    "Most of the conduct … constitutes political animosity but is not actionable at law," the report in 2012 concluded.

    Mayor Finizio, having decided to keep Chief Ackley on the job, agreed to a $25,000 settlement of her claims involving the former councilor, and signed a new contract with a $110,725 salary. The council refused to approve it. Chief Ackley subsequently sued the mayor and city for breach of contract. The lawsuit remains pending.

    Having opted to keep her on the job, Mayor Finizio had an obligation to back his choice. Instead, the report shows, he turned his attention in 2014 to mending fences with the police union and in the process weakened the chief’s authority.

    When the union leadership announced it was unwilling to negotiate with Chief Ackley at the table, Mayor Finizio ordered his chief out of the process. Negotiations continued instead with the mayor and Deputy Chief Peter Reichard. The parties reached an agreement, which the chief was obligated to live with, but one she considered too costly to taxpayers, made it too difficult to properly staff shifts without excessive overtime, and which forced her to reinstate and pay officers she had disciplined.

    Among his reasons for suspending the police chief, Mayor Finizio alleged she had "acted to jeopardize Public Safety" to undermine the administration and make a point. While it is clear she was unhappy with the mayor, there "is no evidence to suggest … she took any actions which jeopardized public safety," the report concludes.

    Mayor Finizio has refused to appoint a chief administrative officer as his "principal managerial aide" with "substantial executive and administrative experience, qualifications and knowledge," as called for in the charter, convinced he had all the executive skills necessary.

    Voters will be the ultimate judge as to how that has worked out.

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