Westbrook pays twice for constables on leave

Friday, November 14, 2008 5:38 AM EST

By Amanda Pinto, Register Staff

WESTBROOK — Two town constables, currently on administrative leave amid a state police probe into their response before a woman’s drowning in June, have signed up to work shifts in December.

Constables Rhea Milardo and Robert Powers attended a meeting this week to bid on shifts for next month, even though they are not allowed to report for duty, and there is no timetable for their paid leave to end, First Selectman Noel Bishop confirmed.

Milardo and Powers will receive $21.33 an hour for every shift they are scheduled to work, Bishop said, and the town will also have to pay for their replacements who will actually work the shifts.

Constables can work as many as 40 hours per week or as few as six shifts a month.

Bishop said Thursday that he did not know how many shifts Milardo and Powers signed up for.

Bishop said it is common practice for constables to bid on shifts a month in advance, and added that Milardo and Powers do not currently face disciplinary action.

Constables bid for shifts on the basis of seniority, Bishop said.

Milardo has been with the department about 20 years, while Powers has worked there about nine years, sources said.

“I think it is consistent with the contract; they have every right to bid and they did,” Bishop said Thursday.

Ronald Suraci, president of the United Public Service Employees Union/COPS Division, to which the constables belong, did not return a phone call Thursday.

If Milardo and Powers are still on leave during their scheduled shifts, their hours will be assigned to other constables, Bishop said.

Three state troopers are stationed in Westbrook. The town also employs nine part-time constables.

Milardo and Powers were put on administrative leave last week, as state police try to determine if they displayed a “lack of urgency” in responding to a call to check on Elsie White the evening of June 18.

White, 68, was found drowned on a beach near Old Kelsey Point Road the next morning.

Dispatcher Terry Smith’s conduct is also being considered in the investigation.

According to a police report, both constables said Powers called Smith to relay a report about White, who was walking outside during a storm and potentially was in need of medical assistance.

The constables were assigned to work marine patrol and talked to Smith at dispatch before resuming their regular duties, Milardo wrote in the report.

Smith is not on administrative leave and does not face any charges.

The New Haven Register has submitted a Freedom of Information Act request for the internal investigation report.

Bishop said selectmen would meet with the town counsel, the constables and Suraci in executive session Tuesday.

He said if any action is taken, it would be in public session.

Amanda Pinto can be reached at apinto@nhregister.com or 789-5734.