1 00:00:03,679 --> 00:00:11,200 Commissioner Hallberg Rogers Ford and Santiago. Also present our personnel 2 00:00:08,880 --> 00:00:16,320 director Eric Kamato um clerk to the commission Deborah 3 00:00:12,880 --> 00:00:20,080 Rosford and attorney John Matola. All right, Eric, can you introduce item 4 00:00:18,320 --> 00:00:24,800 number one on the agenda which is the triaray vote for Adam Ships? Certainly, 5 00:00:23,199 --> 00:00:28,640 Madam Chair and Commissioner, the commission received a request from 6 00:00:26,320 --> 00:00:32,719 police chief Roger Porter for a partite vote regarding and like recommending the 7 00:00:31,119 --> 00:00:38,320 probationary uh Sergeant Adam Zeps fail this 8 00:00:35,680 --> 00:00:42,360 probationary period. Um, Chief, if you want to Well, 9 00:00:49,520 --> 00:00:51,800 » afternoon. [clears throat] 10 00:00:52,399 --> 00:00:57,680 » Good afternoon, commissioners. Uh, Deputy City Attorney John Bohan on 11 00:00:55,600 --> 00:01:02,399 behalf of Chief Porter in this matter. Uh, Adam Zeps, uh, it was a probationary 12 00:01:00,800 --> 00:01:08,640 sergeant from the Bridgeport Police Department. uh this commission extended 13 00:01:05,360 --> 00:01:14,400 his probationary period uh on December 9, 2025. So he had the standard uh 14 00:01:11,840 --> 00:01:20,960 six-month probationary period uh that was uh extended by uh the civil service 15 00:01:17,520 --> 00:01:25,759 commission based upon uh comments that uh officer Zeps had made uh at a lineup 16 00:01:24,000 --> 00:01:29,439 contradicting uh one of the chief's orders. 17 00:01:27,680 --> 00:01:32,720 Uh so 18 00:01:31,280 --> 00:01:36,479 uh Chief Porter had the right to press the issues regarding rule violations and 19 00:01:34,960 --> 00:01:41,360 to his credit he agreed that probationary uh Sergeant Zeps uh would 20 00:01:39,200 --> 00:01:45,360 receive a five-day uh suspension provided in addition uh to the Civil 21 00:01:43,600 --> 00:01:50,960 Service Commission extending the probationary period uh for review by an 22 00:01:48,159 --> 00:01:57,280 additional 6 months. During the additional six-month probationary 23 00:01:52,960 --> 00:02:04,240 period, uh, probationary uh, Sergeant Adam Zeps tested positive for steroids. 24 00:02:01,520 --> 00:02:08,000 There was a split sample taken uh, that was confirmed. 25 00:02:05,920 --> 00:02:14,480 Uh, so the positive test results resulted in the chief uh, denying him 26 00:02:12,480 --> 00:02:20,400 uh, permanent promotion to the rank of sergeant. uh with regard to the uh e 27 00:02:18,000 --> 00:02:26,879 efficacy of those drug tests, I do have Dr. Mohamd here uh who is the physician 28 00:02:24,239 --> 00:02:31,040 uh who oversaw uh the testing uh and receive the lab results. So if there's 29 00:02:29,040 --> 00:02:35,519 any question as to the efficacy and reliability of that, I'd just like to 30 00:02:32,800 --> 00:02:40,239 establish that for the record. Uh I can off I can offer you this that the uh 31 00:02:37,280 --> 00:02:45,760 doctor will testify uh that the efficacy of those test results is not in doubt in 32 00:02:42,720 --> 00:02:49,120 any way whatsoever. But to the to the extent any of the commissioners have any 33 00:02:47,440 --> 00:02:52,280 doubt about that we'd be happy to put on this test 34 00:02:52,720 --> 00:02:59,760 » and to the chair and commission the uh employee and representative are here 35 00:02:57,760 --> 00:03:05,360 too. So in what order like you would like to hear at your discretion? 36 00:03:01,840 --> 00:03:09,040 » Okay. Um, I think you should hear from Mr. Seps first, his attorney. Do you 37 00:03:08,080 --> 00:03:11,440 agree? >> I stole all the chairs. Is 38 00:03:10,319 --> 00:03:14,840 » there somewhere you would like us to come? 39 00:03:11,840 --> 00:03:14,840 » Yeah. 40 00:03:20,720 --> 00:03:27,280 » There's an extra chair. Oh, >> you want a rolly one? 41 00:03:26,239 --> 00:03:31,599 » I don't really care. >> I'm going to give you this. You can take 42 00:03:28,959 --> 00:03:34,400 this. >> That's for you. 43 00:03:45,920 --> 00:03:54,959 Uh, good afternoon, evening. Kelly Raml on behalf of um, Adam Zeps. I'm the 44 00:03:52,080 --> 00:03:58,720 union attorney for local 1159. Our argument in this case is the Bridgeport 45 00:03:56,959 --> 00:04:05,680 Police have established a discipline matrix which um gives guidelines for 46 00:04:01,519 --> 00:04:08,799 disciplines. Um Adams is not the first individual Bridgeport Police Department 47 00:04:07,280 --> 00:04:15,920 that's had a positive drug test. However, it's the first individual that 48 00:04:11,439 --> 00:04:22,400 the talk of a um demotion is um an item that's up for on the agenda. every 49 00:04:19,359 --> 00:04:27,759 officer in history who has had a positive drug test um has conformed to 50 00:04:25,040 --> 00:04:33,840 the discipline matrix in that um they get a 30-day um suspension without pay 51 00:04:31,199 --> 00:04:38,880 as well as um 18 months of random drug testing and compliance to the EAP 52 00:04:35,520 --> 00:04:42,240 process. Um although this matters before um civil service tonight, he's actually 53 00:04:40,479 --> 00:04:48,000 already started complying with the EAP process. started um the other course of 54 00:04:45,440 --> 00:04:56,639 discipline that has been um advocated and agreed on um by the union. So 55 00:04:51,919 --> 00:05:01,199 our um position is that Mr. Zeps who um should be treated like every other I 56 00:04:58,240 --> 00:05:05,919 think six copies is what maybe >> I'm sorry can you repeat what the um 57 00:05:03,680 --> 00:05:09,360 guidelines are for you said for the other officers you said 30-day 58 00:05:07,280 --> 00:05:12,400 suspension 18 months of >> random drug testing 59 00:05:10,639 --> 00:05:17,199 » and said something else >> and there's compliance with EAP 60 00:05:15,280 --> 00:05:21,600 u mandated I believe it's three sessions unless I think there's some discretion 61 00:05:19,120 --> 00:05:25,919 for EAP if there needs to be more and if you look on the matrix um that I've 62 00:05:23,280 --> 00:05:32,320 provided you um that is on the first page 2.02 2.2 alcohol drug use. So what 63 00:05:30,160 --> 00:05:38,080 the unit is simply asking here is that u Mr. Zeps be treated like his peers um 64 00:05:35,199 --> 00:05:40,880 and that he has the same um penalty. He's willing to accept that penalty 65 00:05:39,600 --> 00:05:46,639 again. He's already started complying with that penalty. Um there's no uh 66 00:05:44,320 --> 00:05:50,560 dispute here on his performance as a sergeant. He's wellliked in the 67 00:05:48,320 --> 00:05:54,639 department. he has been performing his supervisory duty satisfactory and that 68 00:05:52,639 --> 00:05:58,800 is not why we're here today. Um we're here because of a positive drug test 69 00:05:56,400 --> 00:06:04,000 unfortunately and but fortunately we have already contemplated what 70 00:06:00,720 --> 00:06:08,000 discipline is in that regard. >> So the other officers that you've 71 00:06:06,000 --> 00:06:12,880 mentioned that tested positive were they also on probation? 72 00:06:10,800 --> 00:06:16,400 » Not that I know of. >> And what what I would do is distinguish 73 00:06:15,039 --> 00:06:20,479 that argument. This is not a disciplinary matter. This is a habits 74 00:06:18,160 --> 00:06:24,880 and conduct uh disqualification of a candidate who is serving in a 75 00:06:22,160 --> 00:06:30,639 probationary period. He's seeking higher office and that is sergeant. So while he 76 00:06:27,680 --> 00:06:35,840 receives the standard uh discipline that was given to other officers, uh the real 77 00:06:33,199 --> 00:06:42,319 issue for Chief uh Porter in this matter when he sees this is assessing whether 78 00:06:38,560 --> 00:06:46,720 or not candidates have what it takes to be a sergeant. Okay? Are they showing 79 00:06:45,120 --> 00:06:52,639 the qualities that we want in a sergeant? So here you have a situation 80 00:06:49,199 --> 00:06:56,479 unfortunately uh for officer Zeps where he made comments out of lineup that 81 00:06:54,479 --> 00:07:01,120 undermined a chief's order and based upon that he was given an extended 82 00:06:59,120 --> 00:07:04,720 probationary period. That is the chief said I'm going to give you another 83 00:07:02,960 --> 00:07:09,520 chance. Okay, we'll give you another six months to prove yourself and it's during 84 00:07:06,800 --> 00:07:14,639 that six-month extension that he comes back positive for the steroids. Uh so 85 00:07:12,400 --> 00:07:18,800 based upon that that he's under scrutiny appropriationary period as we've all 86 00:07:16,400 --> 00:07:25,440 been here in civil service you're on your best behavior. So, it was not just 87 00:07:22,479 --> 00:07:30,160 uh the initial problem uh that resulted in the extension of the six-month 88 00:07:27,520 --> 00:07:35,280 probationary period, but a violation during that six-month probation that she 89 00:07:32,800 --> 00:07:39,280 felt showed true irresponsibility and a lack of the qualities needed to 90 00:07:38,400 --> 00:07:44,960 warrant [clears throat] a promotion to the position of sergeant. 91 00:07:42,800 --> 00:07:49,199 » And again, we're we're not claiming that the conduct here is acceptable or 92 00:07:47,520 --> 00:07:52,639 warranted. What we're claiming here is that we've agreed on what the penalty 93 00:07:51,039 --> 00:07:57,360 should be and we're asking that this same penalty be enforced here. 94 00:07:54,960 --> 00:08:02,800 » So the contract is an agreement on penalty. Civil service as we all know is 95 00:08:00,080 --> 00:08:09,280 a separate entity. This commission governs civil service process and we 96 00:08:06,720 --> 00:08:14,639 have rules and a habits and conduct disqualification is not unusual. This is 97 00:08:12,240 --> 00:08:19,440 a situation where the chief has acted properly. he has good grounds for what 98 00:08:17,039 --> 00:08:24,879 he's for the disqualification that he's made in this case and that's undeniable. 99 00:08:22,479 --> 00:08:29,120 There is now an appeal that the disqualification for habits and conduct 100 00:08:26,879 --> 00:08:34,399 is on warranty but that's separate and depart apart from any discipline that 101 00:08:31,759 --> 00:08:42,240 was imposed. We're here to determine whether or not officer Zep has the 102 00:08:37,200 --> 00:08:46,560 qualities to be a police sergeant. Rod Porter. Chief Rod Porter is in 103 00:08:44,560 --> 00:08:51,200 charge of the police department. He is the person that has to assess the 104 00:08:48,959 --> 00:08:56,080 candidate in the first instance as the department head. Does that candidate 105 00:08:54,160 --> 00:09:01,519 have the qualities? Have they demonstrated the responsibility in order 106 00:08:58,800 --> 00:09:05,440 to assume the first and I believe most important rank in the Bridgeport Police 107 00:09:03,360 --> 00:09:09,040 Department, which is sergeant. These are the people who are out in the field. 108 00:09:07,200 --> 00:09:16,240 These are the people who are the first line supervisors who are uh observing 109 00:09:13,200 --> 00:09:20,399 and guiding uh the officers in the field. If you fail at that level, you 110 00:09:18,320 --> 00:09:24,880 have a major problem. And what Chief Porter is seeing that he has a candidate 111 00:09:22,560 --> 00:09:29,680 who has not accepted the responsibility to behave appropriately during a 112 00:09:26,959 --> 00:09:34,800 probationary period and that gives him a legitimate lack lack of trust in that 113 00:09:32,399 --> 00:09:39,120 candidate to perform in the position of sergeant. So with all due respect, my 114 00:09:36,959 --> 00:09:44,480 opposing council, this is not a matter of discipline. This is a habits and qual 115 00:09:41,760 --> 00:09:49,360 conduct disqualification based upon legitimate evidence that the chief has 116 00:09:46,399 --> 00:09:54,800 gleaned in this situation. >> My response is I've been union council 117 00:09:51,440 --> 00:09:59,360 here for 14 years and I have not been before commission. I think that goes 118 00:09:57,040 --> 00:10:03,760 without saying that we have not had this issue before. So, under the city's 119 00:10:01,519 --> 00:10:08,800 argument, this is the only person under probation that's not made standards. 120 00:10:07,040 --> 00:10:13,200 Only person, there's not been another one, at least in 14 years. I think I've 121 00:10:10,880 --> 00:10:17,120 heard of one lieutenant in 20. This is an a sergeant that has done an 122 00:10:15,200 --> 00:10:23,440 impeccable job as a sergeant and a supervisor responsibilities. Um, that's 123 00:10:20,240 --> 00:10:26,480 all I have to say. >> I'm not just John Matah for the 124 00:10:25,360 --> 00:10:32,079 commission. I'm not sure that's accurate. You you hear these types of 125 00:10:29,200 --> 00:10:36,399 cases all the time and disqualify individuals during the probationary 126 00:10:34,560 --> 00:10:40,079 period. I think you've heard some in the police department over the years too. 127 00:10:38,560 --> 00:10:45,680 And and you and the commissioners, you know what the section is. It's section 128 00:10:41,760 --> 00:10:52,399 15 subsection G of the the new charter and uh 129 00:10:48,240 --> 00:10:57,200 section 14 chart. This you've handled many of these cases over the years. This 130 00:10:54,160 --> 00:11:03,800 is this isn't anything unusual. And in this case, what's been stated is this 131 00:11:00,800 --> 00:11:03,800 individual 132 00:11:03,920 --> 00:11:12,640 did something during his probationary period last December. If you recall, you 133 00:11:10,079 --> 00:11:19,200 extended the probationary period and then this individual during the 134 00:11:14,640 --> 00:11:25,839 probationary period um violated uh the rules of the department during a time 135 00:11:21,920 --> 00:11:32,320 when he has to be extra extra vigilant because he knows he's on probation and 136 00:11:28,560 --> 00:11:37,680 he knows you extended his probationary period. So you're familiar with these 137 00:11:35,360 --> 00:11:43,120 types of cases. The other thing I would add to that is we routinely give 138 00:11:40,160 --> 00:11:48,160 sergeants promotional exams and this is not the end for Adam's eps. I mean I 139 00:11:45,279 --> 00:11:51,760 know Adam's eps. I like Adams. Okay. I I do respectfully think that Adam made 140 00:11:50,000 --> 00:11:56,880 some mistakes here. Probably mistakes that he himself uh you know regrets at 141 00:11:54,480 --> 00:12:00,800 this point. Um but there will be another sergeant's exam and Adam will be able to 142 00:11:58,959 --> 00:12:03,839 take that test. I think he's a good t test taker and he'll have that 143 00:12:02,560 --> 00:12:07,519 opportunity. And that's the great thing about our civil service. This is not a 144 00:12:05,760 --> 00:12:12,240 death penalty. But in the first instance, the chief knowing of the 145 00:12:09,519 --> 00:12:17,839 circumstances, he is acting fully responsibly in denying uh the promotion 146 00:12:15,920 --> 00:12:21,200 at this time for habits of conduct. And he's asking you to support that 147 00:12:19,600 --> 00:12:25,519 decision. [clears throat] >> And just one response, I think that in 148 00:12:23,279 --> 00:12:28,959 order to have this action taken against Adam Zeps, we would have to take the 149 00:12:26,959 --> 00:12:31,920 position that every other sergeant was perfect. because maybe you have heard 150 00:12:30,240 --> 00:12:37,360 these cases, but I don't think there's been a case for a sergeant in about two 151 00:12:34,880 --> 00:12:40,320 decades that I know of. Um, again, I said I've been here 14 years. I know for 152 00:12:38,720 --> 00:12:43,519 a fact since I've been here, I believe there was a lieutenant maybe 20 years 153 00:12:41,760 --> 00:12:47,519 ago in the probationary period. So, I guess so the position the commissioner 154 00:12:45,040 --> 00:12:50,880 would have to take in order um to cancel probationary period is that every other 155 00:12:49,040 --> 00:12:54,639 sergeant must have been perfect. Every other sergeant had no um disciplinary 156 00:12:53,120 --> 00:12:59,360 issues and everyone else was perfect during the probationary period, which is 157 00:12:56,639 --> 00:13:03,600 really a tough position to take. Not really. Not hearing them. It's not a 158 00:13:02,000 --> 00:13:07,920 tough position to take. >> It is. If it doesn't come, it only comes 159 00:13:05,440 --> 00:13:10,720 to your attention um by way of the chief of police. And if the chief of police 160 00:13:09,360 --> 00:13:13,720 chooses not to bring it to your attention, 161 00:13:13,839 --> 00:13:20,480 » do you have evidence of other cases similar to this that was not brought to 162 00:13:17,920 --> 00:13:24,399 the chief's attention or? >> There was a sergeant on probation who 163 00:13:22,079 --> 00:13:29,519 left their firearm unattended at the at Harbor Yard and there was I think they 164 00:13:26,320 --> 00:13:29,519 received a 165 00:13:30,320 --> 00:13:36,800 I think they received something less than um a suspension. 166 00:13:34,000 --> 00:13:42,560 » Oh, we saw that case. >> We saw that and there was no intent to 167 00:13:40,160 --> 00:13:46,800 um answer. >> Well, you you heard that case and the 168 00:13:44,639 --> 00:13:49,920 distinction is there was a mistake made by that 169 00:13:48,480 --> 00:13:57,839 individual. I'm not going to get into names different than this case. And 170 00:13:52,399 --> 00:14:03,920 secondly, that person wasn't um didn't commit a second violation while on 171 00:13:59,760 --> 00:14:08,720 probation and having her or him uh probationary period extended. This one's 172 00:14:05,760 --> 00:14:12,519 a lot different than that case. >> That was my question. Was 173 00:14:14,720 --> 00:14:19,920 » anyone else have anything to say? Chief, did you want to say anything? 174 00:14:17,440 --> 00:14:23,120 » Yes, thank you. of again, you know, this is not something that we would want to 175 00:14:21,360 --> 00:14:27,279 do. It's something that I have to do at the chief of um there's times when I 176 00:14:25,839 --> 00:14:31,920 have to take tough decisions and this is one of those times. I understand the the 177 00:14:30,160 --> 00:14:35,360 process of going through the promotional process. I know it's a stressful and 178 00:14:33,600 --> 00:14:38,720 tough time and individuals put a lot into it, but as the chief of police, I 179 00:14:37,199 --> 00:14:42,800 have to make sure we have the best most qualified people who have the character 180 00:14:40,720 --> 00:14:47,440 and the morality to be a police officer in the city of Bridgeport. Um, as 181 00:14:44,639 --> 00:14:51,040 attorney uh uh Bohani stated, first line supervisor sergeant is perhaps the most 182 00:14:49,519 --> 00:14:55,519 important position in the police department because they set the examples 183 00:14:52,720 --> 00:14:59,199 for police officers. Um, they are the the ones most closely connected to the 184 00:14:57,519 --> 00:15:03,120 public at any given time. And it's important that we have people with the 185 00:15:00,480 --> 00:15:07,680 best character and uh uh individuals who follow the rules. And uh it's really 186 00:15:06,160 --> 00:15:11,519 important that we have that. And this is just a situation where I just could not 187 00:15:09,199 --> 00:15:15,680 overlook it. And you know, it's you know, we talk about it's never been 188 00:15:13,040 --> 00:15:18,000 done. if not now when um at some point we have to set a standard. 189 00:15:17,920 --> 00:15:22,880 I >> think um Sergeant Zeps would like to 190 00:15:19,920 --> 00:15:27,199 address. Go ahead. Thank you. >> Um so I apologize. Everyone was sick and 191 00:15:25,440 --> 00:15:32,560 tired of seeing my face and hearing my voice. Um it was my mistake to make 192 00:15:30,110 --> 00:15:36,639 [clears throat] I'm not going to uh say that I take all the responsibility here, 193 00:15:34,720 --> 00:15:41,279 which I do. as far as my performance as a police officer and a sergeant. I've 194 00:15:38,160 --> 00:15:44,639 served the city for 14 years and I know my skills and I know my conduct as a 195 00:15:43,040 --> 00:15:49,440 sergeant and this has this has nothing to do with this is something that in my 196 00:15:46,480 --> 00:15:52,800 personal life um that I do. I've always been uh trying to take care of my body 197 00:15:51,199 --> 00:15:57,360 and I have a lot of injuries from this job. I had four four major surgeries in 198 00:15:54,959 --> 00:16:00,800 five years and two in one year and this is something you know I I go to a doctor 199 00:15:59,199 --> 00:16:04,560 and I'm in the doctors all the time. I thought of something to help me and uh 200 00:16:02,480 --> 00:16:08,720 again it was my mistake to make is the with the with the new laws and things 201 00:16:06,160 --> 00:16:11,920 like that again. So I uh I take responsibility for that. Okay. 202 00:16:10,480 --> 00:16:16,240 » As far as anything else as far as meeting a standard or anything um you 203 00:16:14,079 --> 00:16:20,079 know it is what it is. I'm a grown man and I'm ready to take whatever it is 204 00:16:18,560 --> 00:16:23,360 coming to me because at the end of the day I have all my peers and my brothers 205 00:16:21,759 --> 00:16:26,959 and sisters that come and support me. They respected me as a patrolman. They 206 00:16:25,120 --> 00:16:30,000 respected me as a sergeant. I took care of everybody I possibly could and it 207 00:16:28,720 --> 00:16:33,199 does mean a lot to even the opposing council turned my hand. Thank you for 208 00:16:31,040 --> 00:16:37,440 saying your kind words to me and you know I'm willing to accept the 209 00:16:34,880 --> 00:16:42,079 punishment for this. Um and if you guys don't see fit, you know, I'm willing to 210 00:16:39,440 --> 00:16:45,680 accept that too. I'll continue to serve my capacity in whatever the capacity is. 211 00:16:44,320 --> 00:16:50,160 I'll continue to faithfully serve the city. 212 00:16:46,320 --> 00:16:53,279 » Like I said, stand up. >> Thank you. Anyone else have any 213 00:16:52,880 --> 00:16:57,199 comments? >> Can you repeat what the current policy 214 00:16:54,800 --> 00:17:01,519 says about that? about the suspension >> about the 215 00:16:58,079 --> 00:17:05,919 » suspension and motion anything >> the about the discipline matrix points 216 00:17:03,920 --> 00:17:11,039 to for the first offense a 30-day suspension without pay um and 18 months 217 00:17:08,799 --> 00:17:16,160 of random drug testing um the second offense is termination so in in addition 218 00:17:13,919 --> 00:17:20,400 which I I stated on the record which is in here um the EAP program is also 219 00:17:18,720 --> 00:17:24,799 required to be utilized and he has already started um going that route as 220 00:17:22,959 --> 00:17:29,120 of today >> and And as attorney Bohan said, that's 221 00:17:27,120 --> 00:17:34,240 great that he's doing that, but this is not discipline. 222 00:17:30,880 --> 00:17:37,600 This is pursuant to negotiations between the union, police union of the city, and 223 00:17:36,400 --> 00:17:42,640 part of their collective bargaining agreement. That's not what we have here. 224 00:17:40,160 --> 00:17:44,720 This is a civil service issue. All familiar with that. 225 00:17:43,919 --> 00:17:49,280 » So, thank you. >> So, let me ask the chief. He's as a 226 00:17:46,960 --> 00:17:54,080 14-year veteran, is he had any other disciplinary actions in his file? Um, 227 00:17:52,400 --> 00:17:58,120 again, this isn't a discipline here, but yes, there's quite a 228 00:18:05,520 --> 00:18:11,760 questions, comments. 229 00:18:10,240 --> 00:18:15,520 I think just for the common discipline, I don't think I think that besides the 230 00:18:13,600 --> 00:18:21,760 two actions that you're familiar with, I think we're looking at 2019 or 2020 and 231 00:18:18,320 --> 00:18:25,200 prior. Was that correct? She 232 00:18:23,280 --> 00:18:28,799 » um I don't exact dates. I think over a four or five year period. 233 00:18:26,960 --> 00:18:30,480 » Was it the same policy as well? >> No. 234 00:18:29,360 --> 00:18:32,640 » I'm sorry. >> Was it the same policy? I wasn't at that 235 00:18:32,240 --> 00:18:37,600 time. >> It might not have been in place 236 00:18:36,080 --> 00:18:39,919 situation. I I can I can tell you I was I was the 237 00:18:39,360 --> 00:18:43,919 one that got >> just say what year it was 238 00:18:41,360 --> 00:18:50,880 » discipline. Um there was uh 239 00:18:46,160 --> 00:18:54,000 » between 20 my last official discipline I believe but it was it was a case from 240 00:18:52,720 --> 00:18:55,840 2016 >> the Colorado Avenue 241 00:18:54,880 --> 00:18:59,760 » the Colorado Avenue >> I think there were like there were a lot 242 00:18:58,960 --> 00:19:02,880 of disciplines >> you know yes I have discipline but I can 243 00:19:01,120 --> 00:19:06,880 say the Colorado Avenue was the only sustained civilian complaint against me 244 00:19:05,120 --> 00:19:11,039 during my entire tenure as an officer and it was also sustained against 50 245 00:19:08,559 --> 00:19:14,960 other officers who were on scene as far as my conduct. towards the public. 246 00:19:12,640 --> 00:19:18,880 Everything else was conduct that was that was in house that someone else, the 247 00:19:16,799 --> 00:19:24,480 acting chief at the time found fit that my action was that she didn't approve of 248 00:19:21,200 --> 00:19:30,799 or chief uh res didn't approve of. So that was it was internal discipline and 249 00:19:27,200 --> 00:19:34,080 it was um I was I had a few it was a few unpaid suspensions during that time 250 00:19:32,880 --> 00:19:37,360 period. >> Nothing regarding [clears throat] his 251 00:19:34,960 --> 00:19:43,200 performance or at least option. So if I can just clarify and this is off memory 252 00:19:40,480 --> 00:19:49,280 there were at least couple of excessive forces. Uh one occurred in police lobby. 253 00:19:46,880 --> 00:19:53,919 Um there was obviously the December one where there was an insubordination. 254 00:19:51,520 --> 00:19:57,840 Uh there was a a pick maneuver some years ago that is a form of force. So 255 00:19:55,760 --> 00:20:01,440 there were I mean they weren't citizens complaints but they were internal 256 00:19:58,960 --> 00:20:07,760 complaints that are against citizens >> all before 2020. So, Director Skyus has 257 00:20:04,480 --> 00:20:14,880 provided me with the Parry report uh for Adam's cast discipline. Uh it looks like 258 00:20:10,880 --> 00:20:21,200 uh June 11th of 2020 uh there was a discipline reduced to a 3-day suspension 259 00:20:17,840 --> 00:20:24,240 uh for uh violation of 1.34 knowledge of department rules and regulation 260 00:20:22,480 --> 00:20:30,400 violations rules and performance of rules and unbecoming conduct. Uh on 261 00:20:28,559 --> 00:20:35,679 91820, uh officer Zeps made an arrest of 262 00:20:33,840 --> 00:20:41,200 someone that came to the front desk to complain about their lost property. Uh 263 00:20:38,559 --> 00:20:43,600 and uh Officer Zeps received a 10day suspension perhaps. 264 00:20:42,320 --> 00:20:47,360 » I believe it was 10 days. >> That's what it says. 265 00:20:44,400 --> 00:20:52,320 » Yeah. Um and then uh 11 11120 266 00:20:49,760 --> 00:20:55,440 uh officer Zept was involved in Colorado Avenue and he received a 20-day 267 00:20:54,080 --> 00:20:59,280 suspension and there were a lot of officers as you probably know that were 268 00:20:57,039 --> 00:21:03,840 involved in that particular case. So that that's what they have and then I 269 00:21:00,799 --> 00:21:09,760 guess [clears throat] uh there was uh October 9 of 25 and and coordination 270 00:21:07,600 --> 00:21:15,600 » but that was the incident we talked about at the lineup and that was a case. 271 00:21:12,320 --> 00:21:19,679 Thank you sir. to the commission and chair as someone 272 00:21:18,000 --> 00:21:23,520 that I guess has to vote on this as well. Um, when we're dealing with 273 00:21:21,600 --> 00:21:28,320 probation, we're dealing with the measurement of performance during the 274 00:21:25,280 --> 00:21:33,039 probationary period. I respect the matrix and everything else that's 275 00:21:29,919 --> 00:21:38,159 happened in the past, but we we we really should be evaluating the 276 00:21:34,640 --> 00:21:42,880 performance during a specific uh specific finite period of time. And I 277 00:21:41,280 --> 00:21:47,360 mean, I think the biggest issue here is that we're we're dealing with an 278 00:21:45,200 --> 00:21:53,679 employee that's uh an extended probation. And I think that's 279 00:21:50,960 --> 00:21:58,080 why we're here now where if that wasn't already extended, I think that's the 280 00:21:56,559 --> 00:22:01,840 behavior and the actions that we should be looking at. 281 00:21:59,280 --> 00:22:05,679 » Um irrespective of everything that else has happened in the past because the 282 00:22:03,440 --> 00:22:09,665 employee has already been deemed eligible to be promoted in the first 283 00:22:07,600 --> 00:22:14,080 place. So [clears throat] all that [laughter] 284 00:22:11,440 --> 00:22:17,919 » if if there's any interest in hearing from um his supervisor about performance 285 00:22:16,080 --> 00:22:23,520 during that time I believe Captain Blackwell was has been captain of patrol 286 00:22:20,320 --> 00:22:26,520 and could speak to that >> sure 287 00:22:27,600 --> 00:22:31,440 you spoke >> no I'm saying during the probationary 288 00:22:29,600 --> 00:22:36,320 period that's what we're talking about >> yes no 289 00:22:35,200 --> 00:22:41,760 » during the probation period on those steps kept going Okay. Sorry, wrong 290 00:22:38,480 --> 00:22:44,960 captain. There's [laughter] >> Yes. 291 00:22:44,240 --> 00:22:49,760 » Remember [clears throat] that next time we do a promotion, 292 00:22:46,880 --> 00:22:54,159 » I need my own get everyone going in here, right? 293 00:22:50,640 --> 00:22:58,720 » Well, at least everyone's here in case >> um Captain Gillard is here and what and 294 00:22:56,880 --> 00:23:04,080 has been the supervisor during his probationary period um to talk about his 295 00:23:01,120 --> 00:23:07,440 performance if needed. >> The only performance issue we have is 296 00:23:05,600 --> 00:23:12,159 the presence of steroids. Uh, no one's contesting any other performance issues 297 00:23:09,360 --> 00:23:13,679 for officers. >> I had a question. 298 00:23:13,039 --> 00:23:20,480 » Yes, ma'am. >> Um, this is for Sergeant and Sep. 299 00:23:17,520 --> 00:23:26,159 You knew that this was not the right thing to do, but since you have all 300 00:23:22,400 --> 00:23:32,400 these past injuries and and all these health issues, did you talk to your 301 00:23:29,200 --> 00:23:38,320 doctor about it? Does he did you let someone know know that you 302 00:23:35,200 --> 00:23:42,559 needed this because of your injuries or because I don't understand if you knew 303 00:23:40,640 --> 00:23:47,600 that that was wrong why you keep doing it and knowing that you was in provision 304 00:23:45,679 --> 00:23:52,559 and that's the part that is I'm concerned about it. So, uh, in my 305 00:23:50,080 --> 00:23:56,240 defense, all my worldly knowledge on supplementation, everything like that, I 306 00:23:54,480 --> 00:23:59,600 thought that this fell under my prescription from my doctor, that was 307 00:23:57,440 --> 00:24:03,840 that's my mistake to make. If I had just asked him beforehand, 308 00:24:01,600 --> 00:24:07,120 um, then he would have advised me that, you know, either he's got to write 309 00:24:05,200 --> 00:24:10,480 something else for me or I have to or just I have to stop using it because I 310 00:24:08,559 --> 00:24:15,279 can't use it. So, again, I said, you know, I try to pride myself on not 311 00:24:13,440 --> 00:24:18,880 having all this knowledge and that was just something I just I didn't really 312 00:24:17,200 --> 00:24:25,279 think of. It was something that I thought was going to help me out with my 313 00:24:20,159 --> 00:24:28,080 injuries in my body and um you know I should have just done more research 314 00:24:26,559 --> 00:24:33,600 into it. >> Discount with your doctor so he can come 315 00:24:30,320 --> 00:24:36,960 here and say anything on your behalf because apparently you did it without 316 00:24:35,520 --> 00:24:39,360 annoying. >> Um 317 00:24:37,279 --> 00:24:43,360 » I have to give you the benefit of that. You know 318 00:24:40,159 --> 00:24:48,960 » my doctor he he did write a letter about some of the things that I used. Um, but 319 00:24:46,480 --> 00:24:52,640 uh I didn't want to just make an excuse for what I used. 320 00:24:51,279 --> 00:24:57,120 » Prescription. The prescription was covered when I took the test. The other 321 00:24:54,480 --> 00:25:00,159 things weren't. So I I respect my doctor. I love him. He always takes care 322 00:24:58,240 --> 00:25:04,960 of me. He wrote me a very nice letter, but it doesn't absolve the fact that it 323 00:25:02,320 --> 00:25:06,720 was still a violation of the policy. I don't I don't want to make a big 324 00:25:06,159 --> 00:25:10,880 excuse. >> Steroid what policy? 325 00:25:08,320 --> 00:25:13,840 » The steroid policy typically set there's there's a disclaimer. This isn't the 326 00:25:12,480 --> 00:25:18,159 first shared case I've had between other departments. Your disclaimer that it's 327 00:25:15,440 --> 00:25:22,240 the officer's responsibility to know whether this is going to because there 328 00:25:20,640 --> 00:25:25,200 there are some overthec counters. There are some things and I'm not saying this 329 00:25:23,760 --> 00:25:30,320 is there are some things you can actually purchase at GNC or online and 330 00:25:28,720 --> 00:25:34,400 if it's on a prescription it's still going to come up as a positive drug 331 00:25:32,320 --> 00:25:39,039 test. So the onus is on the officer and like he said he did get a doctor's note. 332 00:25:36,480 --> 00:25:42,240 Um but I said that you know you're willing to take responsibility for this. 333 00:25:40,480 --> 00:25:47,840 still having a doctor's I'm not sure is going because the onus is still on you 334 00:25:44,880 --> 00:25:50,559 and as an officer um it's not a defense because you should have known as just as 335 00:25:49,679 --> 00:25:54,640 a citizen. >> Yeah, I just asked the question because 336 00:25:51,840 --> 00:25:59,440 sometime you take something without not knowing that has something else in the 337 00:25:56,960 --> 00:26:02,320 drug that you are not aware. That's what I was asking the question 338 00:26:00,640 --> 00:26:07,279 » and some you know some of other cases we hear in other places have have been 339 00:26:04,559 --> 00:26:11,279 obviously cocaine or heroin or other things. this is, you know, that's a 340 00:26:09,200 --> 00:26:14,159 different sort of category and they've only started, I'm not sure if 341 00:26:12,320 --> 00:26:18,559 commission's familiar, but steroid testing only has become uh mandatory 342 00:26:16,480 --> 00:26:23,120 since 2020. It wasn't even actually even part of the panel until the law changed 343 00:26:21,279 --> 00:26:27,279 post Floyd and the post restrictions. >> And what I advise the commission if you 344 00:26:24,559 --> 00:26:31,200 have questions about the steroids or the test itself, Dr. Muhammad is here. He 345 00:26:29,600 --> 00:26:32,799 can answer all those questions for you. That's what he does for a living. 346 00:26:32,480 --> 00:26:37,760 » Okay. >> So, he's an expert in that area. 347 00:26:35,200 --> 00:26:42,080 If I could add too, we're talking about anabolic steroids. It's illegal. You 348 00:26:40,240 --> 00:26:47,360 cannot legally possess or get a prescription for anabolic steroids. So, 349 00:26:44,799 --> 00:26:54,679 just like cocaine is illegal, anabolic steroids is illegal. It's illegal to 350 00:26:49,760 --> 00:26:54,679 possess, criminally illegal to possess. 351 00:26:54,720 --> 00:26:57,880 » Thank you. 352 00:26:58,000 --> 00:27:04,559 » So, this is a three-part vote. If you're if you're ready to vote, the commission 353 00:27:02,400 --> 00:27:08,400 goes first and the uh >> Did you want to hear from the doctor? 354 00:27:07,120 --> 00:27:11,520 » I actually have a question. Is the doctor here? 355 00:27:09,120 --> 00:27:14,320 » He's very director of labor. I actually have a 356 00:27:12,960 --> 00:27:17,520 question because I am a little confused. Um because I have a little familiar 357 00:27:15,760 --> 00:27:21,679 familiarity with there are certain mislabeled issues that the FDA is very 358 00:27:19,520 --> 00:27:25,279 much trying to get on top of. Is this a particular substance that was positive 359 00:27:23,200 --> 00:27:28,880 in his report that could have been the subject of a mislabeling that he could 360 00:27:27,200 --> 00:27:33,200 not have been aware of? I agree with what just chief said. Uh these are 361 00:27:30,799 --> 00:27:36,960 anabolic steroids. There's no uh prescription for these type of drugs. 362 00:27:35,520 --> 00:27:40,960 They're actually banned in any sports activity, Olympics, you name it. You 363 00:27:38,960 --> 00:27:45,360 won't find it even I cannot prescribe those. Right. So my license will be 364 00:27:43,440 --> 00:27:49,200 again first there. The pharmacy does not make it. So I concur with what the chief 365 00:27:48,799 --> 00:27:51,440 just said. >> So they couldn't have been supplied by a 366 00:27:50,720 --> 00:27:54,720 doctor's. >> No, it's not available through 367 00:27:52,880 --> 00:28:00,039 prescription. >> Thank you for the clarification. 368 00:27:57,039 --> 00:28:00,039 Any 369 00:28:01,200 --> 00:28:10,399 further questions or comments? Commissioners, are you ready to vote? 370 00:28:08,320 --> 00:28:17,360 » Okay, we're going to start with you, Commissioner Goldberg. How do you vote? 371 00:28:12,559 --> 00:28:22,399 Do you um grant or deny his request? >> Deny. 372 00:28:19,039 --> 00:28:27,279 » So, he denied the chief's request to fail probation. 373 00:28:24,080 --> 00:28:31,440 » Uh deny the appeal. that Sergeant Danny. Um the 374 00:28:28,960 --> 00:28:36,159 » not so >> so the request 375 00:28:33,120 --> 00:28:37,919 » this is a request from Chief Porter >> uh to 376 00:28:37,279 --> 00:28:42,960 » recommend >> recommend probation Sergeant Zeps fails. 377 00:28:40,640 --> 00:28:47,200 So if you if you vote yes >> he he's failing right if you vote no 378 00:28:45,440 --> 00:28:49,279 » I said yes. I'm sorry. >> Sorry I should have pointed that out. 379 00:28:48,960 --> 00:28:52,279 Sorry. >> Okay. 380 00:28:52,640 --> 00:28:58,640 » I'm sorry. [laughter] Right. Commissioner Bourne. 381 00:28:57,200 --> 00:29:04,799 » Yes. >> Yes. Okay. 382 00:29:01,600 --> 00:29:08,880 » Commissioner Rogers. >> I'm sorry. I'm just confused. They're 383 00:29:06,159 --> 00:29:12,320 saying deny and we're saying yes. >> Yes. 384 00:29:09,919 --> 00:29:14,799 » So, it's a yes. >> Agree with 385 00:29:13,120 --> 00:29:19,520 » Yes. You're agreeing with the chief's recommendation. No, you're not. 386 00:29:17,520 --> 00:29:22,559 » So, you are Did you hear that? >> Yeah. 387 00:29:20,240 --> 00:29:24,559 » Okay. So, is it a yes or a no? >> No. 388 00:29:23,120 --> 00:29:29,679 » It's a no. Okay. All right. Command. Yes. It's a 389 00:29:27,039 --> 00:29:34,240 yes. Okay. For my for myself, it's a yes. Um, we're going to move over. 390 00:29:32,480 --> 00:29:37,690 » We're not over yet. We still have the uh the chief. 391 00:29:35,520 --> 00:29:39,520 » Yeah, that's where I'm going. [laughter] 392 00:29:38,480 --> 00:29:42,880 » I apologize. [snorts] >> So, we're going to move to Chief Porter 393 00:29:41,200 --> 00:29:49,200 next and then to Eric. >> My vote is yes. That is it'll be denied 394 00:29:48,240 --> 00:29:54,880 » and Eric. >> Uh, yes. 395 00:29:50,320 --> 00:30:01,679 » Okay. So, um, Mr. That's unfortunately um this this probationary period we're 396 00:29:58,240 --> 00:30:04,480 ordering that it's it's over. >> Okay. [clears throat] 397 00:30:02,720 --> 00:30:10,279 » All right. Best of luck to you. Thank you. 398 00:30:06,000 --> 00:30:10,279 » No, thanks for coming. 399 00:30:12,640 --> 00:30:20,520 » We're going to move on to item number two, which is the appeal for police 400 00:30:16,000 --> 00:30:20,520 officer Francis Curro. 401 00:30:33,440 --> 00:30:36,679 What's that? 402 00:30:36,880 --> 00:30:44,240 » Executive session. >> Uh yes. Uh there is a uh pending claim 403 00:30:41,600 --> 00:30:48,559 we have in the city attorney's office of potential lawsuit to be brought in 404 00:30:46,880 --> 00:30:52,000 connection with this matter. So since it's a matter of threatened and pending 405 00:30:50,080 --> 00:30:54,640 litigation, we respect the request in executive session. 406 00:30:53,840 --> 00:30:57,440 » Okay. >> And the union does not agree with that. 407 00:30:56,960 --> 00:31:00,640 » I'm sorry. >> The union and the appellent would not 408 00:30:59,279 --> 00:31:02,399 agree with that. They do not want this matter in executive session. 409 00:31:01,919 --> 00:31:04,159 » Well, >> okay. Well, the commission has to vote 410 00:31:03,760 --> 00:31:06,960 on it. >> Yeah. And I and I um 411 00:31:05,840 --> 00:31:10,320 » I just thought >> that's give our opinion coming on. 412 00:31:09,279 --> 00:31:13,200 » I haven't been in front of you guys yet, so I wanted to make sure. I mean, are we 413 00:31:12,399 --> 00:31:15,840 allowed to say we're >> Yes, you can. 414 00:31:13,919 --> 00:31:19,039 » Okay. kind of seemed like it wasn't for a second, but 415 00:31:17,200 --> 00:31:27,120 » so just I'll give you some clarity and then you know so so there is a a a 416 00:31:23,760 --> 00:31:32,320 pending claim that's associated with this incident involving officer St. for 417 00:31:29,520 --> 00:31:37,840 a pending claim that lawsuit is going to be brought and under the Connecticut 418 00:31:34,799 --> 00:31:42,720 General Statute section 1-20, a pending claim means a written notice 419 00:31:40,000 --> 00:31:47,200 to an agency which sets forth a demand for legal relief or which asserts a 420 00:31:44,480 --> 00:31:51,120 legal right stating the intention to institute an action in an appropriate 421 00:31:48,960 --> 00:31:55,360 forum if such relief or right is not granted. That's one of the reasons why 422 00:31:53,200 --> 00:32:00,000 you can go into executive session. And in this particular case, you really need 423 00:31:57,279 --> 00:32:05,120 to go into executive session because there's going to be a frank and specific 424 00:32:02,880 --> 00:32:10,399 discussion about what happened on the day of the incident which prompts us all 425 00:32:07,360 --> 00:32:15,120 to be here. And if this discussion happens in open session, it's it's it 426 00:32:13,279 --> 00:32:19,039 could be harmful to officer Santoro later on in that litigation in the city 427 00:32:17,600 --> 00:32:25,679 of Britford. So, it's perfectly appropriate to go into executive session 428 00:32:22,159 --> 00:32:30,559 and um as your attorney, I would advise that you do. So, 429 00:32:28,720 --> 00:32:35,519 » you want to comment before we go into executive 430 00:32:31,919 --> 00:32:38,320 » um the harm seems to be from attorney's perspective to the appellent and the 431 00:32:36,640 --> 00:32:42,960 appellant is the one that requested this venue. Um therefore, the appellent would 432 00:32:40,480 --> 00:32:46,080 like his matter heard. Furthermore, the documents referred to the 433 00:32:44,240 --> 00:32:50,640 investigation of the case has all been subject to FOI. This is all public 434 00:32:48,000 --> 00:32:54,240 documents. Um I don't know what what harm it would be. Um he has fellow 435 00:32:52,960 --> 00:32:59,519 officers here first of all that will testify on behalf other officers in 436 00:32:55,919 --> 00:33:02,640 support of him. Um and including union officers. We would ask that this case 437 00:33:01,679 --> 00:33:07,760 remain open. >> If I may, commissioners, we have uh 438 00:33:05,200 --> 00:33:12,559 threatened litigation uh against officer Santoro and the city of Bridgeport. We 439 00:33:10,480 --> 00:33:17,039 intend to defend the city and we most certainly intend to zealously defend 440 00:33:14,720 --> 00:33:21,840 officer Santoro. Okay, everybody deserves a defense, but the comments 441 00:33:20,159 --> 00:33:27,919 that might be made in connection with this labor matter could potentially 442 00:33:24,960 --> 00:33:33,039 reflect adversely upon that litigation. I am respectfully requesting an 443 00:33:30,960 --> 00:33:39,360 executive session to address those issues so that we have full ability to 444 00:33:36,159 --> 00:33:43,120 defend both the city and officer Sanuro while dealing with this separate labor 445 00:33:41,360 --> 00:33:47,120 matter. This is for 446 00:33:45,200 --> 00:33:52,559 doesn't matter what you two attorneys say the mission can decide to go into 447 00:33:49,039 --> 00:33:56,720 executive session period in right but you but you 448 00:33:54,880 --> 00:34:03,039 » as long as you going into executive session is is legal uh under FOI and 449 00:34:00,559 --> 00:34:06,559 here it certainly is and I I think we're just expressing to you why it's really 450 00:34:05,039 --> 00:34:12,879 important for you to go to executive session on this particular matter but 451 00:34:09,679 --> 00:34:15,520 that's it and and if I I'm just trying to move it along. 452 00:34:13,679 --> 00:34:17,919 » No, I get it and [laughter] and I understand. 453 00:34:16,320 --> 00:34:19,520 » I think you understand our positions, right? 454 00:34:18,560 --> 00:34:22,879 » I would ask >> Yeah. 455 00:34:21,200 --> 00:34:30,839 » that this is the motion you read to comply with the um Hoya statements to 456 00:34:26,800 --> 00:34:30,839 going into executive session. 457 00:34:33,679 --> 00:34:43,240 » Does the recording stuff? >> It does. And everyone has to leave. 458 00:34:38,399 --> 00:34:43,240 » I know what that means. Right. 459 00:34:44,480 --> 00:34:51,440 » So I I would read that as the motion and you have to to go into executive 460 00:34:48,879 --> 00:34:57,280 session. You need to be rather specific and that's why I'm drafting that. 461 00:34:53,599 --> 00:35:00,800 » Okay. So I am going to accept a motion to go into executive session to discuss 462 00:34:59,119 --> 00:35:05,040 and consider item number two on the agenda as it relates to a claim of 463 00:35:02,560 --> 00:35:10,720 notice pending claim filed against the city of Richport and Officer Santo by 464 00:35:07,440 --> 00:35:14,880 Haron McDaniels. I need someone to make that. 465 00:35:11,760 --> 00:35:20,240 » So, it was moved by Commissioner um Falberg. I need a second 466 00:35:18,000 --> 00:35:21,760 » and seconded by Commissioner Santiago. All in favor? 467 00:35:21,280 --> 00:35:29,160 » I >> I We are now entering into executive 468 00:35:23,920 --> 00:35:29,160 session. The time is now 4:38 p.m. 469 00:35:29,760 --> 00:35:38,960 the commissioners to vote on the matter regarding Officer Francis Santoro. 470 00:35:34,960 --> 00:35:42,800 Commissioners, are we ready to vote? Okay. Commissioner Santiago, do you 471 00:35:41,200 --> 00:35:45,200 grant or deny the appeal >> for Santoro? 472 00:35:43,839 --> 00:35:48,160 » Yes, I grant it. >> Commissioner Rogers, do you grant or 473 00:35:46,720 --> 00:35:52,000 deny the appeal? >> Grant. Um, I personally I deny the 474 00:35:50,480 --> 00:35:53,280 appeal. Commissioner Ford, do you grant or deny? 475 00:35:52,640 --> 00:35:57,280 » Deny. >> And Commissioner Santiago, I mean, 476 00:35:55,119 --> 00:36:01,960 Commissioner Fber denied. Okay. So, unfortunately, the the appeal has been 477 00:35:58,960 --> 00:36:01,960 denied. 478 00:36:05,040 --> 00:36:12,720 motion to check for everybody's all set. Okay. So, can I 479 00:36:09,280 --> 00:36:18,400 accept a motion to move made by Commissioner Ford, seconded by 480 00:36:14,480 --> 00:36:21,200 Commissioner Falor. All in favor? I Pizza here.