East Haven- For the last two months, Robert Nappe and East Haven have been in negotiations to return the former officer to the police department. Last week those negotiations came to an end with Nappe vowing to take the town to court to get his position back.
The town and Nappe had agreed to a confidentiality agreement at the start for the negotiations, with both parties agreeing not to discuss the negotiations with the public or the media for a period of 45 days, or until an agreement could be reached. Nappe submitted a statement to the press last week, more than 60 days after that agreement was made, and when he felt that the negotiations could not be reached.
“Since August, I had agreed with East Haven administrators to forgo contact with the media and keep all contacts between parties confidential,” wrote Nappe. “However, as I expected, negotiations with the town to do the right thing and return me to work have broken down. The town administration has continually made their position clear; they have no intention of reinstating me as a police officer for the town.”
Nappe retired from the department after 19 years of service in March of 2003 after being denied a leave of absence to train police officers in Iraq for a private company contracted by the United States government. Nappe returned from Iraq in February 2005 and was denied his old position. Since then he and the town have been in a battle over the legality of his return.
Nappe was aided in his efforts when the Connecticut General Assembly passed a law, proposed by State Representative Michael Lawlor, guaranteeing the jobs of officers contracted by the government for the war effort. Since then the town and Nappe have been attempting negotiate the terms of Nappe's return despite the town's belief that the new law is unconstitutional. The town had additionally contended that Nappe did not fall under the terms of the law because he did not “take a leave of absence or resign” as the law requires.
“I feel that they are just trying to wear me down. They know that it's tough to be out of work,” said Nappe. “They had no intention of ever returning me back to my job. I think it was just a stall tactic. What was their reason for a medical exam or a psychological exam or a lie detector test? What is the point of that?”
The town sees the dispute differently.
“My only goal was to get him back, but at the same time to protect the town,” said Town Attorney Larry Scriganri.
The town's requests for Nappe's medical and psychological records along with a lie detector test have become major sticking points over the course of the negotiations and ultimately led to their failure.
When negotiations began officially on Aug. 22 with a letter from Scrignari to Nappe's attorney Patricia CoFrancesco, the town offered five guidelines for Nappe's return to his job. First that he rescind his retirement and return all his retirement benefits, which both sides agreed to. Second, that there be no break in Nappe's seniority, which both agreed to.
Next, the town would not compensate Nappe for any time prior to the date of his return to work and that each side would be responsible for its own legal fees. Nappe and CoFrancesco maintained that Nappe would require back pay for the time he was kept out of work and that they would forgo seeking lawyer's fees if that was agreed to. This was ultimately one of two points that the two sides could not agree to.
The other major hurdle was the town's request for Nappe's complete medical and psychological records and lie detector test. According to Scrignari, all new officers, whether rookie officers or officers moving from other departments, are required to submit to all these tests. The town agreed to limit the polygraph to the time that Nappe was absent from the department.
“The fact that they are so adamant on refusing these simple requests makes me wonder why,” said Scrignari.
According to Scrignari, a portion of the town's concern comes from the original complaint in which CoFrancesco asserts that the dispute “has affected the plaintiff Robert Nappe's reputation and his emotional and physical well-being.” Nappe has been working as a supernumerary officer, essentially a part-time officer, but one who has the authority of a real officer including carrying a gun.
“Will someone please explain to me why I am capable of working for the town in a part-time capacity, but not full-time?” asked Nappe.
Nappe offered documentation from his doctors, but refused to turn over his medical records for Scrignari's review, especially with no clear guideline set for their scrutiny.
“My concern is that the town will use a so-called 'failing grade' on any of these standardless examinations proposed as a protest to once again turn him away from his employment. In short, I believe the town is setting him up for failure,” wrote Confrancesco in a letter to Scrignari.
Scrignari stated that he made requests that the two sides go to mediation to reach an agreement, requests that were refused by Nappe. CoFrancesco offered to litigate the issues that the town could not come to an agreement on while Nappe returned to work preliminarily. Scrignari refused that request, saying that if the town was to litigate the issue, it would litigate all the issues, including the return of Nappe to the police department.
That is where both parties find themselves now and the jousting has already begun.
Last week CoFrancesco took the town before the state's Freedom of Information Committee after she was denied access to the town's legal expenses over the last five years. According to CoFrancesco, she requested the records five times with no response.
“Why does the administration continue to waste taxpayer's money by preventing the return of a veteran police officer?” asked Nappe in his statement. “Remember they have already stated their intentions to the appellate court. Is it fair that taxpayers bear this burden because of a vendetta?”
According to Scrignari's billing records, he has billed the town $9,150 on this case so far at a rate of $150 per hour. According to Scrignari, that rate is “substantially reduced from my normal hourly rate."