Cop facing termination blames anti-union attitudes?

10/26/2007

Cop facing termination blames anti-union attitudes

By Abbe Smith , Register Staff

Heiden, himself, faces no criminal charges, only accusations he violated department rules and regulations related to oath of office, code of ethics, conduct unbecoming an officer and supervisory duties. Chief Paul Jakubson has recommended the commission fire Heiden.

Union representatives and friends and family, including Heiden's wife and parents, showed up at the open hearing to support Heiden, who took the witness stand and answered questions posed by his attorney, Michael Brady of the International Brotherhood of Police Officers. Under cross-examination by William Clendenen, attorney for the town, Heiden remained steadfast in his assertion that, yes, he did advise Gambardella to get advice from a lawyer but, no, he did not interfere with the criminal investigation.

When asked if he likes working at the Madison Police Department, Heiden replied, "Not particularly," and then explained that the tense work environment made it "difficult to report to work with a smile on your face." Heiden testified that he believes Jakubson and Lts. Allen Gerard and Robert Stimpson harbor anti-union sentiments that may have motivated the action against him.

Clendenen's questioning appeared to imply Heiden was somehow at fault for not stopping Gambardella's alleged criminal activity while he was supervising Gambardella's midnight shifts. At one point, he asked Heiden if he noticed that unsolved burglaries at construction sites significantly decreased after Gambardella was suspended.

Heiden repeatedly asserted that he did not know about the alleged criminal activity.

As Clendenen began asking one of his questions by saying, "Sir, you will agree with me that." Heiden interrupted to say, "We'll see." The remark drew a sharp glare from Clendenen and prompted Heiden to say, "Forgive me, but I'm fighting for my job here."

The audience began clapping loudly and was scolded by Police Commission Chairman Emile Geisenheimer, who threatened to close the hearing if there were any more outbursts.

At another point, Geisenheimer responded to bickering between attorneys by telling both men to "tone it down."

"These inflammatory arguments between the two of you are not helping," he said.

Brady's questioning of Heiden stressed that he was acting as union president when he told Gambardella to be careful what he says and to seek advice from a lawyer. It also revealed that Heiden was advised by former International Brotherhood of Police Officers state official Joseph Pastorella to give that advice.

The hearing was postponed until a later date to give both attorneys time to write briefs. When the hearing reconvenes, the commission will rule on the charges and, if any are upheld, will decide what disciplinary action to take.

Some audience members complained the hearing was one-sided. IBPO Vice President Paul Birks said he's attended similar hearings all over the country and has never seen a case like this.

"It's a miscarriage of justice. They've ruined the reputation of a good cop," he said.

Birks said many of Clendenen's questions went beyond the scope of the administrative charges Heiden is facing.

Thomas Morrissey Jr., a retired New Haven police detective, came to the hearing after reading about it in the newspaper.

"This is one of the most significant issues that has come to light with regard to unions and administrations," he said.

Morrissey said he saw no evidence indicating Heiden did anything wrong and he was alarmed the department was trying to fire the 17-year veteran.

"That's what worries me. Clearly, there is a desire to get rid of this man," he said.

Morrissey said he didn't think the town had "a chance at winning" when the case goes before the state Board of Labor Relations.

Birks has said the union will appeal the ruling if Heiden is terminated.

After the hearing, Jakubson said he thought the commission was exercising "an extreme amount of caution" and was going to great lengths to let both sides be heard.

"I feel the commission is handling this is a very, very professional manner," he said.

First Selectman Tom Scarpati said he is attending the hearing to ensure fairness for all involved, especially Heiden. He called the commission members "capable and level-headed," and said he believed they are being fair.