City of Ansonia v. Stanley

854 A.2d 101, 48 Conn. Supp. 574, 2004 Conn. Super. LEXIS 1265
CourtConnecticut Superior Court
DecidedMay 12, 2004
DocketFile No. CV-03 0083909S
StatusPublished

This text of 854 A.2d 101 (City of Ansonia v. Stanley) is published on Counsel Stack Legal Research, covering Connecticut Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Ansonia v. Stanley, 854 A.2d 101, 48 Conn. Supp. 574, 2004 Conn. Super. LEXIS 1265 (Colo. Ct. App. 2004).

Opinion

CREMINS, J.

Before the court is the plaintiffs application to vacate the arbitration award pursuant to General Statutes § 52-418 and the defendant’s cross application to confirm the arbitration award.

The plaintiff, the city of Ansonia (city), and the Connecticut Independent Police Union, Local No. 13, are parties to a written collective bargaining agreement (agreement) dated July 1, 2000, to June 30, 2003. That agreement includes a grievance procedure for the resolution of disputes. On August 5 and 6, 2002, the city’s board of police commissioners (board) held a disciplinary hearing for the defendant, Officer Earl Stanley, relating to an internal affairs investigation conducted by the city’s police department (department). The board heard argument, evidence and testimony and concluded that it had just cause to terminate Stanley’s employment. Although only four of five commissioners were present, their vote was unanimous. The termination was predicated on Stanley’s alleged violation of eight sections of the city’s police department duty manual entitled: “Rules and Regulations of the Ansonia Police Department.”1

[576]*576Pursuant to step three of the grievance procedure, the parties jointly submitted the grievance to the state board of mediation and arbitration. On December 19, 2002, an arbitration hearing was held before a tripartite panel (panel) regarding Stanley’s termination of employment. At the hearing, the city and the defendant were unable to frame a joint submission to the panel. At the request of the panel, the parties provided argument on what the submission should be. Upon review, the panel voted to frame the issue in the manner proposed by the city. The submission was unrestricted. The panel framed the issue for consideration as follows: “Whether the Respondent City of Ansonia Board of [577]*577Police Commissioners had just cause to terminate the employment of the Grievant Officer Earl Stanley; and if not, what should the remedy be?”

On March 19 and April 11, 2003, the panel held hearings and received evidence, argument and testimony regarding the merits of Stanley’s grievance. On November 18, 2003, the panel issued a written arbitration award (award), finding that the city had violated Stanley’s procedural rights under article 14, § G, of the agreement,2 and ordered Stanley reinstated, but without back pay.

The panel made the following findings. During the hearing of August 6, 2002, many issues came to the attention of the board. The first issue was sexual misconduct. The complainant, S, was present at the August 6, 2002 hearing, and the panel found that her testimony was credible and that the testimony was not rebutted by Stanley, who elected not to testify.

The complaint made by S resulted in a criminal investigation by the state police. During this investigation, the state police received a statement from another complainant, B, who alleged she had been subjected to lewd, obscene and sexually harassing conduct from Stanley. [578]*578Some of the conduct in this second complaint was alleged to have taken place while Stanley was on duty. Both S and B claimed in their statements to be afraid of Stanley and feared that he would hurt them. They both alleged that Stanley’s advances were resisted and rejected. The panel concluded that the complaint by S was the main reason why the state police brought criminal charges against Stanley. The panel found that the complaint by B had corroborative value and was very significant.

The charges by the state police also prompted the department to begin an internal investigation against Stanley. It was clear, however, that Stanley did not receive a copy of the second complaint by B until about May 6, 2002.

On April 6, 2001, Stanley was arrested and charged with sexual assault in the fourth degree. On August 30, 2001, a third complaint by M surfaced. Like the complaint by B, the third complaint by M alleged incidents of sexual harassment by Stanley while on duty.

Stanley’s case came before the Superior Court on December 14,2001, at which time he applied for accelerated rehabilitation after undergoing a “psychosexual evaluation and risk assessment.” At the court hearing on December 14, 2001, Stanley admitted to “having sexually charged conversations with [S] and her friend,” and to touching S, and seemed “to recognize that [the conversations were] inappropriate.” During the court appearance, Stanley’s attorney indicated that his client recognized that “whatever behavior he engaged in that day [with S] wasn’t appropriate.” He also indicated that the incident was a learning experience that taught Stanley “something about boundaries and appropriate behavior.” Stanley did not address the court. In granting the accelerated rehabilitation, the court noted that the victim, S, did not object and that “this was not an on [579]*579duty misuse of authority.” The court did find, however, that Stanley’s conduct was “sufficient to warrant an arrest,” and that the age difference between the victim and Stanley made the conduct that occurred “inappropriate.”

While the court did not make a determination of guilt, it did not exonerate Stanley, either. As a result of the proceedings, Stanley was placed on two years probation and admonished not to have contact with S. The court ordered Stanley to continue counseling, make restitution to S for lost wages, pay up to $1000 for her counseling and to perform 100 hours of community service. The court’s determination on Stanley’s application for accelerated rehabilitation did not involve consideration of the on duty conduct alleged in the complaints by B and M.

During the spring of 2002, after the criminal charges had been disposed of, the internal affairs investigation intensified. As a result, Stanley was questioned on May 6, 2002, and was advised as to the identity of the women who had accused him and as to the nature of the complaints. He was told of the alleged “unsolicited sexual vulgarity and sexual contact” and the “inappropriate use of a police cruiser and lights. ” According to Lieutenant Michael Abbels, the interrogator, Stanley denied the allegations made by the complainants. Abbels also stated that, in his opinion, Stanley “intentionally lied to him” and “tried to mislead him.”

To buttress his conclusion, Abbels pointed out that Stanley “denied trying to have a relationship with the individuals [who] had filed the first and second complaints,” but “finally admitted that he was trying to have a sexual relationship with them.” Abbels also pointed out that Stanley denied shining or flashing his lights at females while in his patrol car. Abbels indicated, [580]*580however, that Officer Tirella, who had been in Stanley’s patrol car “many times,” indicated to Abbels that Stanley did so on many occasions while Tirella was present. Based on the aforementioned circumstances, Abbels concluded that he needed to conduct another meeting with Stanley to clear the “many inconsistencies.” The scheduled meeting was held on June 14, 2002.

On July 10, 2002, the department received a fourth statement relating to conduct by Stanley that had occurred two years prior. In this statement, the complainant, K, discussed “being flagged down by Officer Stanley.” According to her statement, on one occasion, Stanley encountered K, told her she “looked nice” and told her, “why don’t you pull up your shirt . . . .” On July 20, Abbel presented his internal affairs investigation report.

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Cite This Page — Counsel Stack

Bluebook (online)
854 A.2d 101, 48 Conn. Supp. 574, 2004 Conn. Super. LEXIS 1265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-ansonia-v-stanley-connsuperct-2004.