04/13/2007

Stage set for challenge to retroactive retirement

William Kaempffer , Register Staff

NEW HAVEN — In a divided vote, the Police and Fireman’s Pension Board granted a retroactive pension to a police lieutenant accused of corruption, evoking an angry response from the city’s director of labor relations whose attempts to argue to the contrary were rebuffed. The board’s trustees Thursday approved annuity and disability benefits for former Lt. William "Billy" White, retroactive to March 15, the day the 39-year veteran submitted his retirement papers to the city and two days after the FBI arrested him at police headquarters on theft and bribery-related charges. White will receive an annual pension of about $91,000, but that’s not what rankled Emmet P. Hibson Jr., the labor relations director. Without a "bad boy" clause, White’s eligibility for a pension was never in question. It was the retroactive date that was paramount to the city, since a March 15 effective date would mean White already was retired when the Board of Police Commissioners fired him April 4. The city position is that police retirements are not official until accepted by the pension board. "I can’t believe you just did that," an angered Hibson said as he stormed out of the room when the meeting adjourned. Later, the city issued a terse press release denouncing the vote and announced the city would not recognize the March 15 date. In the past, the pension board routinely granted pensions retroactive to a retirement date selected by the officer, and the police union has argued that White and Kasperzyk shouldn’t be treated any differently because of the politically charged situation. "This meeting is no different than any other meeting," said board Chairman James Kottage in an effort to set a tone of normalcy Thursday. "We’re here to do our job. We’re fiduciaries to the pension fund." The city statement accused the board of trying to "usurp the city’s authority" to fire White. "We maintain the position that White was terminated on April 4, and the pension board can’t take that away from us," Hibson said. With a March 15 retirement, White could argue he is eligible to collect $54,000 in lump-sum payouts for unused sick and vacation time and other benefits, which the city is trying to prevent by pressing for termination. That question likely will be determined in a different forum, since the city has made it evident it won’t pay without a fight. A second cop arrested in the FBI sting will have to wait to learn his fate. With 12 years on the job, Detective Justen Kasperzyk, who also was fired on April 4, isn’t eligible for an "age annuity" pension, but has filed for one under a disability. The pension board, which is comprised of two union representatives from the police and fire departments and four police and fire commissioners appointed by the mayor, tabled any action as they awaited additional medical information. The morning meeting in the city’s Hall of Records started off routinely — two other cops’ retirements were approved without drama — then the agenda turned to White. Hibson asked to address the board, but was rebuffed by Kottage, a fire department lieutenant and the vice president of the fire union, because he wasn’t on the agenda. Hibson has previously articulated the city’s stance: The police commission has the final say on department hiring and firing, and a police general order says retirements aren’t official until the pension board vote. He has cited the case of police Detective Joe Pettola as evidence. Pettola submitted his retirement papers in 2005, but pulled them before the pension meeting and returned to work. "I don’t see anything wrong with us having more information," said Rick Epstein, a trustee and chairman of the police board. Bishop Theodore Brooks, also a police board member, seconded the motion to let Hibson speak, but the motion failed in a 3-3 vote. White’s pension, with an effective date of March 15, was then approved in a 4-1 vote, with Kottage, police Officer Frank Lombardi, a union official, Fire Commission Chairman William Celentano and fire Commissioner Wendy Mongillo voting in favor. Brooks opposed and Epstein abstained. On the disability pension, the vote was 3-2, with Kottage, Lombardi and Celentano voting in favor and Brooks and Mongillo against. That’s when tempers flared. "Frank, you tell Joe Pettola he’s fired," Hibson called to police Officer Frank Lombardi, police union representative on the board. "Is that a threat?" responded Lombardi. The union has accused the city of intentionally violating the labor contract to score political points by taking a hard line on corrupt cops. Others Thursday questioned the logic of suggesting a police general order would have any bearing on an autonomous pension board. The same general order also requires six months notice to retire, which is never enforced. "Anyone got lighter fluid? I’ll burn the contract," Lombardi said. Once the situation settled down, Epstein expressed disappointment. "We feel that the police commission is the ultimate hiring and firing board," he said.

©New Haven Register 2007