Counsel: East Windsor Police Commission has control of pay raises

Sep. 6—EAST WINDSOR — A special counsel determined that the responsibility of issuing pay raises to Police Chief Edward DeMarco Jr. and Deputy Police Chief Roger Hart is solely up to the Police Commission, despite the town's charter.

When the Police Commission originally issued a $7.50-per-hour pay raise to DeMarco and Hart at its July 13 meeting, Commission Chairperson Robert Leach stated it was based off performance and merit.

However, on Aug. 4, the Board of Selectmen rejected the intended pay raises, citing concerns about the significance of the raise, where the amount came from, and what the comparisons were.

First Selectman Jason Bowsza ultimately decided to not sign the payroll change form, which left Leach confused.

Leach said the Police Commission believed the raises did not have to be approved by the Board of Selectmen, citing Connecticut General Statutes, which state the Police Commission has the power to appoint, promote, and remove officers and members of the police department.

However, in this case, the commission is issuing a change in contract, not a promotion.

East Windsor's charter states that the first selectman, with the approval of the Board of Selectmen, has the authority to enter into, administer, and terminate contracts including, but not limited to, employment or collective bargaining agreements.

Both DeMarco and Hart signed an "evergreen contract" on Aug. 11, 2015, meaning that the agreement automatically renews if both parties agree there is no reason to renegotiate terms.

The contract also states that the chief and deputy chief would receive a raise of 2.25% every year after the third year.

The $7.50-per-hour raise would be around a 10% increase, which is not in terms with the current contract.

Although the special counsel stated that the Board of Selectmen did not have a legal right to deny the payroll change form, Bowsza said that he personally would not sign the forms and that the Police Commission chairman will have to do it.

According to the Board of Selectmen, a number of taxpayers have expressed opposition to the pay raises.

Selectmen also said that a lot of information, including where the additional $30,000 annually will come from, is unclear.

"This action is purview of the Police Commission solely and they have acted in a way that seems to be irresponsible stewardship of the public dollar," the board wrote in a statement. "They owe the public an explanation."

Collin covers South Windsor and East Hartford for the Journal Inquirer.