03/20/2007

City to study restricting lawbreakers' pensions

By Angela Carter , Register Staff

NEW HAVEN — Aldermanic President Carl Goldfield, D-29, Monday referred to the board's Finance Committee a review on whether pensions can be reduced or revoked when city employees or municipal officials use their positions to commit a crime. Hill Alderman Jorge Perez, D-5, and Annex Alderman Alphonse Paolillo Jr., D-17, submitted a resolution to the full board calling for a committee to study city contracts, state and federal law and then propose either a new ordinance or contractual language that would have to be negotiated with bargaining units. "Persons who are derelict in their duty should forfeit any benefits accrued as a result of their office," the two-page document says. The committee will consider constitutional issues such as double jeopardy, due process, ex post facto or retroactive provisions and contract law. Language in the resolution also includes consideration for the severity of the crime, the amount of money lost, the degree of public trust violated by virtue of the person's position and potential impacts on an innocent spouse or other beneficiary. "I would certainly advise and assist New Haven in this very worthwhile effort," said state Attorney General Richard Blumenthal, who has been pushing for three years for state legislation that would cut or revoke pensions of corrupt state employees and public officials. There are two bills before the General Assembly this year. "I've fought for this every year. Maybe this year, it's time. New Haven may provide the impetus," Blumenthal said. The aldermanic resolution was submitted in the wake of the arrests last week of city police Lt. William "Billy" White, a 39-year veteran and head of the now-dissolved narcotics unit, and Detective Justen Kasperzyk, a 12-year veteran. White, 63, and Kasperzyk, 34, are facing theft and bribery charges in connection with an eight-month FBI sting and are free on bail. Police Chief Francisco Ortiz Jr. placed both officers on paid administrative leave, stripped them of their service weapons and arrest powers and barred them from entering police headquarters at One Union Ave. Additionally, city-based bail bondsmen Robert Jacobs, 79, and his sons, Paul Jacobs, 48, and Philip Jacobs, 47, are charged with bribery conspiracy and also are free on bail. Mayor John DeStefano Jr. said Perez mentioned the idea of a resolution last week in a leadership meeting he had with Board of Aldermen officers. "I think we should take a look at it," the mayor said. White last Thursday filed applications with the Police and Fire Pension Board for an age annuity and to retire under a service-related disability, meaning a significant portion of his pension would be tax-exempt. The base salary for lieutenants in the current budget is $71,726 but White regularly earned overtime. DeStefano said the city would conduct a thorough review of White's retirement request. Perez said the employees or public officials most likely would be entitled to their own contributions and the law would apply to the city's portion of the pension fund. "We've got to send a clear message: It's going to cost you for breaking the public trust," he said. Blumenthal said there may be questions raised about whether state enabling legislation is needed before a city ordinance could be passed, but it would be allowable immediately to negotiate contract language. "Aside from recovery for the past harms done by corrupt state and local officials, its main achievement would be to discourage and deter any wrongdoing," Blumenthal said. Angela Carter can be reached at 789-5614 or acarter@nhregister.com.

©New Haven Register 2007