Old Saybrook paid at least $50,000 to protect police chief from criticism
Aug. 21—OLD SAYBROOK — Police Chief Michael Spera's unsuccessful effort to hide negative comments about his management style from the public has cost taxpayers at least $50,000.
In a case that played out over two years in multiple jurisdictions, Spera and his legal team from Kainen, Escalera & McHale argued for keeping the harsh exit interview under wraps because it was "potentially embarrassing and humiliating" for Spera and could undermine trust in the department.
First, the town spent at least $10,582 to make its case in front of the state Freedom of Information Commission, according to a review of legal bills in the case. The nine-member panel determined that potential harm to a public employee's reputation did not trump the public's interest in the integrity of the police department.
First Selectman Carl Fortuna Jr. on Monday said he thought it was "worth defending" the chief in front of the Freedom of Information Commission.
"And we did, and we lost," he said.
Describing the commission as an administrative board, he said it was reasonable to have the decision reviewed in a court of law. That meant appealing the commission decision to the state Superior Court.
Fortuna, himself an attorney, said he follows the advice of town legal counsel.
"If counsel said 'you have no shot of winning', I would not have wasted one cent more," he said.
The Superior Court case, in which the town lost again, cost another $38,667. In addition, there were other legal bill in which multiple issues, including the exit interview, were discussed, but the time spent on that issue was not specified.
Superior Court Judge Matthew Budzik earlier this month acknowledged the exit interview, written by Old Saybrook police officer and former union president Justin Hanna upon his 2021 departure from the department, was "highly critical" of the chief. But the judge ordered the document's release anyway, citing the public's right to know when town employees "are and are not performing their duties."
The case stems from Hanna's efforts to obtain a copy of his own exit interview as a way to ensure it hadn't been altered and that it was made available to officials outside the department itself. The town denied his request on July 23, 2021.
Budzik in his Aug. 9 decision said the town could not "prevent the disclosure of Officer Hanna's exit interview simply because it is highly critical of how Chief Spera performs his official duties."
He said the negative comments and experiences in the exit interview were "exclusively related" to the chief's official duties and overall operation of the police department.
"Moreover, at the time of Officer Hanna's departure, the Old Saybrook (Board of Selectmen) was concerned about perceived difficulties in retaining OSPD officers," he said. "Officer Hanna's comments in his exit interview directly relate to that issue."
Hanna left for a position with the East Lyme Police Department, where he took a $15,000 pay cut to join several other transfers he had worked with in Old Saybrook.
Spera's presentation to the Police Commission last month showed turnover problems have not abated since then. The chief said the department, which is budgeted for 25 officers, had only 17 to respond to calls as of last month and was about to lose three of them to other employers.
Describing the situation as a "staffing crisis," he said he would like to boost pay by $10,000, offer a $20,000 hiring bonus, and improve retirement benefits offered to new hires.
Four recent hires were either in the police academy or about to start, he said last month.
Fortuna on Monday said he is pursuing the police commission's recommendation to look into Spera's proposal, though he could not specify what form the review would take.
The town currently is spending $72,500 for an operational assessment of workflow and staffing at Town Hall after voters approved the expense at a town meeting in June. Fortuna said he hired CLAconnect to conduct the assessment. That analysis does not include the Department of Police Services currently.
'Not the norm'
Ronald Suraci, executive director of The United Public Service Employees Union's police section, was involved in several separate union grievances mentioned in the legal bills during the same period.
It is unclear how much money was spent in total on those legal fees.
"It's absolutely ridiculous that the town spent in excess of $50,000 not to release an exit interview because the town was bothered by its contents," he said. "That $50,000 could've went towards finding out the underlying problems."
Suraci said the hiring of officers isn't the problem in Old Saybrook.
"They just have problems retaining," he said.
"It's definitely not the norm to lose that many officers in a small town like Old Saybrook, especially when the officers still continue to be productive officers in other towns," he said. "It's not as though they lost numerous officers through retirement."
A memo dated 10 days after Hanna's exit interview by Capt. Jeffrey M. DePerry was provided to The Day by Spera with a requested copy of the exit interview. The document over five pages described the outgoing officer as immature, irrational, disorganized, paranoid and led by others to a "negative mindset."
East Lyme Police Chief Mike Finkelstein on Monday said Hanna has been "an outstanding addition" to his agency from the start, citing specialized training as a drug recognition expert and as a "solid officer all around."
He questioned whether the exit interview process described in DePerry's memo reflected the intent of an exit interview, which he said is for gathering information, rather than an opportunity to defend policies or actions.
"I can't speak for Old Saybrook but, certainly, it didn't seem to be the normal process," he said.
Finkelstein described organizational culture as a key part of employee retention. He said the culture in East Lyme encourages a high-level work product while fostering an environment that officers "thrive in and want to be a part of."
"You can give all the money in the world, but if you have a culture that is not something people want to stay in, then your employee retention is going to continue to be poor," he said.
