Community Corner

UPDATE: Lack of Council Quorum Cancels McMahon's Appeal

The former acting Middletown police chief's lawyer asked four council members to exempt themselves from the hearing for conflicts of interest: On Thursday, every Democrat did so, leaving only three members.

 

Every single Democratic Common Council member recused themselves from tonight's personnel hearing in which former Acting Police Chief Patrick T. McMahon hoped to appeal his firing by Mayor Dan Drew, city attorney Michael Rose confirmed.

One by one, Rose said, Thomas Serra, Ronald Klattenberg, Robert Santangelo Todd Berch, Grady Faulkner, Gerald Daley and Mary Bartolotta refrained from participating in the hearing.

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The matter will not be taken up again by the Council, Rose said.

Earlier version:

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In what is expected to be a dramatic plea,  former Acting Police Chief Patrick T. McMahon will appeal his firing and request his restoration to deputy chief ahead of the this evening.

The hearing will be run by Deputy Mayor Robert Santangelo, after Mayor Dan Drew recused himself.

, citing the results of the conducted by investigating Attorney Eric P. Daigle which found numerous police rule violations and incidents of misconduct, including drinking while in uniform.

McMahon’s lawyer Leon M. Rosenblatt sent a motion to recuse April 7 to Council members Thomas Serra, Ronald Klattenberg, Santangelo and Mary Bartolotta, saying each had conflicts of interest which could cloud their decision to reinstate McMahon (see pdf). All are Democrats.

Among Rosenblatt contentions are: "This case is fraught with politics and biases," citing Daigle's longtime friendship with ; Serra's "open opponent of McMahon and [having] publicly attacked McMahon"; and Klattenberg's "outrage and anger" against McMahon for not hiring a family member.

Drew says McMahon is entitled to appeal his separation. “It’s his right under our personnel rules. I’m absolutely confident that the decision made was the right one. It’s up to the Council to make a decision.”

McMahon had been on since October 2011. Former Mayor Sebastian N. Giuliano did so after the former chief admitted to drinking while in uniform. In January, Drew extended his leave for the third time until mid-February.

On March 21, Drew nominated for Middletown chief of police, ending a nearly three-year gap in official department leadership.

Middletown hasn't had a permanent police chief since the city's first female head Lynn M. Baldoni retired in July 2009, after serving the city for 26 years. Then was appointed by former Mayor Sebastian N. Giuliano as acting chief.

On Oct. 19, McKenna was promoted to after serving as deputy chief for six months.

On April 10, the city’s Personnel Review Committee unanimously recommended McKenna for the position. The Common Council will take up the vote at its May meeting.

Rosenblatt has successfully defended two other area chiefs of police.

In June 2010, East Hampton Police Chief Matthew A. Reimondo’s job was eliminated by then town manager Jeffrey J. O’Keefe. After 18 weeks of appeals and public outcry, Reimondo was reinstated through a citizen petition and awarded a $275,000 settlement.

In February 2008, then Cromwell First Selectman Jeremy Shingleton terminated Police Chief Anthony Salvatore for refusing to fire the department’s captain. Within two days, Shingleton amended the firing by suspending Salvatore. A week later, he was back at work and the captain stayed on.

The hearing takes place Thursday at 8 p.m. in Middletown Council Chambers.

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