Chub Wilcox, one of the two Democrats on the seven member Police Commission, is sharing his response to a vote taken at the public session of the September 27, 2020 meeting of the Police Commission.  The five Republican members of the Police Commission voted to send Mr. Wilcox a “Letter of Reprimand.”  The “Letter of Reprimand” was dated on September 29, 2020 and sent to Mr. Wilcox.

Mr. Wilcox is sharing his 10/13/20 communication to Frank Keeney, Chairman of the Police Commission, on this public Website.  Supporting documentation (Exhibit A – C) are also included. This documentation has been approved by John O’Brien, OSDTC chair, for posting on this website.

Reprimand Response

October 13, 2020

Dear Mr. Keeney

I write in response to your “letter of reprimand” dated September 29, 2020. Because the discussion and vote concerning this subject occurred in public session of the Commission, I believe it is appropriate to make this response public as well.

All four of the “behaviors” for which I am reprimanded arise out of the same basic disagreement. That is, that when I serendipitously learned of the fact that the Chief of Police intercepted and “pocketed” mail addressed to the members of the Police Commission, consulting only with the chair of the Commission, I was horrified. I was especially concerned because the subject of the mail addressed to the Commission was a complaint by a citizen about the conduct of an Old Saybrook police officer. The “independent investigation” I am accused of conducting was to speak by phone with that citizen to learn more about the conduct in question before I made a decision as to what if anything I should do to bring this before the Commission for its consideration. I believed then, and I continue to believe, that members of the Police Commission have the right — and I would add duty — to inform themselves as best they can before they bring something up for consideration by the full Commission. Calling that an “independent investigation” does not make it either inappropriate or deserving of reprimand.

My second alleged transgression is supposed “outbursts and disparaging remarks.” By this I assume you refer to the comments I made during the Commission meeting in August, during an executive session which, according to the agenda for the meeting, was supposed to be for the purpose of discussing “documents privileged to the attorney client relationship.” As you know, that was not the subject being discussed at all. The sole subject of discussion was the Chief’s practice of withholding from the Commission citizen complaints about conduct of members of the Police Department. That subject should have been discussed in public session, as it subsequently has been. Far from making disparaging remarks about the Chief, I only stated my strong disagreement with the Chief’s practice and the stated rationales offered in purported justification of it. Those rationales have since been abandoned and a new rationale advanced in the alternative, but no more persuasively.

My third alleged transgression is “inappropriate references to social media posts.” This, again, can only refer to an exchange with another commissioner during that same improperly conducted executive session. When one of the commissioners asked me if I could affirm that I was “100 percent” supportive of the Chief and the Department, I responded “absolutely not.” That same commissioner then asked me to point to one single thing that I did not support, to which I replied along the lines: “Take a look at the ‘OSPD Air Freshener Heroes’ post on YouTube.” I have to believe that most people, especially anyone familiar with Supreme Court and Connecticut Supreme Court opinions, would find the police conduct depicted in that video record (apparently derived from Old Saybrook Police body camera recordings) troubling and unsupportable.

The fourth and final alleged transgression is “the conducting of illegal meetings.” I assume this relates to an email I sent to the Commissioners after the Chief presented his proposal for a bylaw change to essentially regularize his previously unauthorized practice regarding the withholding of citizen complaints. So that there is no mystery about this, I include as an attachment a copy of my email as Exhibit A. Commissioner Maselli emailed me back that because my email contained advocacy for my proposed alternative to the Chief’s proposal, it was inappropriate. That email is also attached as Exhibit B. I checked Connecticut’s FOIA statute and learned that an email to all my fellow commissioners should be regarded as a “meeting” of the Commission. Meetings, of course, require advance notice to the public and an opportunity for the public to attend, which my email did not comport with. I therefore replied to Mr. Maselli agreeing that he was absolutely correct, and that I would not repeat my mistake. That email is also attached as Exhibit C. Apparently my admission of error was insufficient, however, and my Republican colleagues deem public reprimand necessary.

I am making this response publicly available because I believe an informed public can be trusted to make a reasoned evaluation of my conduct, which it will need to do if the Old Saybrook Democratic Town Committee honors me by putting me on the ballot for next year’s municipal elections.

Respectfully,

Alfred H. (“Chub”) Wilcox

………………………………………………………………………………………………

Citizen Complaint A

To my colleagues on the Police Commission:

It is good that something positive came out of our last meeting. That is, a recognition that it is time for the Commission to regularize a policy for treating two possibly interrelated subjects, namely citizen complaints against one or more members of the Department, and mail addressed to one or more Commission members at a Town address. I thank the Chief for acknowledging this need.

As to citizen complaints, Chief Spera proffers an approach which essentially formalizes what has been his historic practice: he and the Commission Chair are made aware of a citizen complaint, but not any of the other Commissioners. His stated justification for this approach is that handling of citizen complaints is to be viewed as an “operational matter” which the Chief seems to believe removes it from the purview of the Commission.

The Chief’s view is erroneous. The Connecticut statute authorizing municipalities to create police commissions having supervisory responsibilities over their police departments does not carve out an exception for “operational matters.” Police Commissions, instead, are given broad authority over all the assets, both human and material, of police departments. They are specifically given the authority over all hiring, promoting and firing decisions for all members of the department. Citizen complaints about the conduct of one or more members are plainly germane to that responsibility.

Therefore we must reject the Chief’s suggestion that all citizen complaints — even if they are about him — be forwarded to him for handling by him. Surely such a policy would tend to discourage citizens from complaining, either about him or someone under his command. I believe we should instead encourage citizens to be open and candid with the Commission if they experience or perceive what they regard as aberrant or unlawful or simply unwise conduct by someone in our police department.

I therefore intend to move that we adopt the following policy, and ask the Chair or the Secretary to make sure it is on the agenda.

“Whenever any member of the Police Commission or any employee of the Police Department of the Town of Old Saybrook (the “Recipient”) receives a communication (whether electronic, U.S. mail, or other delivery service) presenting a citizen complaint against one or more employees of the Police Department, the Recipient shall promptly notify the Chair of the Police Commission thereof and forward that complaint to the Chair, who shall immediately forward the complaint to all the members of the Police Commission. The Commission shall consider that complaint either at a special meeting called for that purpose or at its next regularly scheduled meeting.

“All other mail addressed to one or more members of the Police Commission, whether at the Police Department address, the Town Hall address, or otherwise, shall be immediately forwarded to such member(s) at their home address.”

I request that this suggested alternative be evaluated by legal counsel along with Chief Spera’s suggested approach.

Thank you,

Chub Wilcox

……………………………………………………………………………………………………………………

Citizen Complaint B

From: Joe Maselli
Date: September 4, 2020 at 3:02:20 PM EDT
To: Chub Wilcox <chubwilcox@icloud.com>
Cc: Frankdkeeney                                                                                                     Subject: Re:  Citizen complaint policy

Mr. Wilcox

Although I am always happy to have conversation about possible ways to improve department and a commission, I am uncomfortable with your correspondence outside of a public meeting.

Contacting myself or the chairman requesting an item be put on the agenda is one thing, but presenting arguments and trying to influence people‘s thoughts on the matter should never take place outside of the public meeting, I believe it It is in direct conflict with the manner in which public commissions must operate.

Respectively

Joe Maselli

……………………………………………………………………………………………………………………

Citizen Complaint C

From: Chub Wilcox <chubwilcox@icloud.com>
Date: September 8, 2020 at 10:26:56 AM EDT
To: Joe Maselli
Subject: Re:  Citizen complaint policy

Joe, I re-read the definition of “meeting” in Connecticut’s FOIA, and you are absolutely correct.  I never would have thought that an email would be regarded as a “meeting,” but that just goes to show….  Thanks for the heads up, and I won’t do that again.

Chub

 

YOUR VOTE IS YOUR VOICE – NOV. 3

 

OSDTC Supports These Candidates!

Joe Biden & Kamala Harris

Joe Courtney – US Representative

Martha Marx – 20th Senate District

Norm Needleman-33rd Senate District

David Rubino – 23rd House District

To: Carl P. Fortuna, Scott Giegerich, Matt Pugliese From: Old Saybrook Democratic Town Committee Date: September 30, 2020
Subject: Draft Resolution on Racism as a Public Health Crisis

Attached is a draft resolution declaring Racism as a Public Health Crisis for the Town.
In forwarding this to you, we would like to explain why we hold this to be an important matter. At first reading, some might see this as a statement of alarm or a mark on the character and values of our town. A declaration that our community is toxic and unsympathetic toward people of color. This resolution is the opposite. It declares that the Town of Old Saybrook is a community that values all people of color, and welcomes all to live and work in our town. It shows that our community is self-aware and committed to growing and learning and improving. It acknowledges that systemic racism has been in place across the nation, the state and yes even in our community. It shows that we understand the significant impact of racism on the health and well-being of people of color. It makes public an intent to reverse that course for the betterment of all. It shows we see the opportunity to make our community more healthy, more prosperous, more whole, and more welcoming and receptive; which can only mean an improvement in the lives of all citizens. The Old Saybrook Democratic Town Committee sees this declaration as aligned with the First Selectman’s public support for Deed Restricted housing to help address matters of diversity in Old Saybrook. Racism is often embedded in our thoughts and in our actions – conscious and unconscious – “below the surface”. As a result, the experiences of people of color are unconsidered or misunderstood. The consequences for them over time are significant. Reversing past action and inaction is a course that will involve disciplined thought and considered actions. This resolution commits the Town to take into account our thought processes and our attending actions and make a commitment to take active steps to address this issue in our community in an on-going way. When implemented, this resolution will formally challenge and empower Boards and Commissions to consider the impacts of our decisions on people of color. It suggests that data and information-gathering about our town should provide insight into the welfare of our nearly 1,000 minority citizens. In this way, we can identify biases that would otherwise be hidden, and, once identified, rectify them. Old Saybrook will be a Town in front of issues, not lagging. It will boost the confidence of our minority community in town government and encourage more participation. In addition to the positive impact on people of color, there are other positive results. An important one concerns preparing our youth for their futures. Old Saybrook’s demographic makeup is largely Caucasian, the world our children will experience beyond our Town is and will continue to be, over time, decidedly more diverse. Living in a town that is proactively thinking and acting to address racism will equip our youth to better understand and contribute to society as well as live richer and fuller lives. We respectfully urge you to pass this resolution and communicate it as the genuine opportunity it presents the Town of Old Saybrook.

Now, therefore, be it Resolved, That the Board of Selectmen of Old Saybrook
(1) Assert that racism is a public health crisis affecting our town and all of
Connecticut;
(2) Work to progress as an equity and justice-oriented organization, by continuing to
identify specific activities to enhance diversity and to ensure antiracism principles across
our leadership, staffing and contracting;
(3) Promote equity through all policies approved by the Board of Selectmen
and enhance educational efforts aimed at understanding,
addressing and dismantling racism and how it affects the delivery of human and social
services, economic development and public safety;
(4) Improve the quality of the data our town collects and the analysis of that data. Qualitative
and quantitative data should be used to assess inequities in impact and continuously
improve;
(5) Continue to advocate locally for relevant policies that improve health in communities
of color, and support local, state, regional, and federal inequities that advance efforts to
dismantle systemic racism;
(6) Further work to solidify alliances and partnerships with other organizations that are
confronting racism and encourage other local, state, regional, and national entities to
recognize racism as a public health crisis;
(7) Support community efforts to amplify issues of racism and engage actively and
authentically with communities of color wherever they live; and
(8) Identify clear goals and objectives, including periodic reports to the Board of Selectmen,
to assess progress and capitalize on opportuni0es to further advance racial equity.

We are all beyond devastated by the death of this ferocious champion of human rights.  There have been many tributes paid to her since her death was announced yesterday, but Barack Obama was very eloquent in his statement:

Former President Barack Obama is paying tribute to late Supreme Court Justice Ruth Bader Ginsburg, who died Friday at the age of 87 due to complications of metastatic cancer.

In a statement released shortly after news of her death, Obama praised Ginsburg for being “a warrior for gender equality,” adding that she “believed that equal justice under law only had meaning if it applied to every single American.”

“Over a long career on both sides of the bench — as a relentless litigator and an incisive jurist — Justice Ginsburg helped us see that discrimination on the basis of sex isn’t about an abstract ideal of equality; that it doesn’t only harm women; that it has real consequences for all of us,” Obama, 59, added. “It’s about who we are — and who we can be.”

Obama also urged the Senate to honor the late justice by respecting her “fervent wish” to not be replaced “until a new president is installed.”

“Ruth Bader Ginsburg fought to the end, through her cancer, with unwavering faith in our democracy and its ideals,” Obama continued in his statement. “That’s how we remember her. But she also left instructions for how she wanted her legacy to be honored.”

He went on to say that when conservative Justice Antonin Scalia died in 2016, Senate Majority Leader Mitch McConnell declared it too close to Election Day to consider a replacement. The move ultimately blocked the nomination of Obama’s choice for the high court, Merrick Garland. At the time, McConnell, a Republican, said elected officials should “give the people a voice in the filling of this vacancy” by waiting until the next president took office.