West Haven officer claims in lawsuit discipline political

Monday, January 5, 2009 5:24 AM EST
By Abbe Smith, Register Staff

WEST HAVEN — Detective Domenic Vinci is suing the police chief and Board of Police Commissioners, claiming political grudges led them to unfairly punish him on two occasions and wage an ongoing campaign of harassment and intimidation against him.

The lawsuit, filed in U.S. District Court Dec. 22, alleges that Police Chief Ronald M. Quagliani and the police commission took disciplinary actions against Vinci because of his support for Mayor John M. Picard over former Mayor H. Richard Borer Jr. in the 2005 election.

Specifically, the lawsuit claims Vinci was retaliated against “for his activities on the West Haven Democratic Town Committee by appointees and cronies of a former mayor” because of Vinci’s support of rival mayoral candidate Picard. Borer ran on an independent ticket in 2005 after the Democratic Town Committee threw its support behind Picard, who narrowly won the election that year. Borer served 14 years as mayor.

The suit alleges that Quagliani remained loyal to Borer after his defeat partly because Borer had been “instrumental” in getting Quagliani appointed as chief.

Quagliani said the lawsuit is “disappointing.”

“I pride myself on integrity,” he said. “If Vinci was the subject of a disciplinary action at the time, he was deserving of that action.”

Vinci’s lawsuit claims otherwise, pointing to two grievance settlements in recent years overturning stern punishments levied against Vinci by the police commission at the recommendation of Quagliani.

In October 2007, Vinci won a grievance he filed over a 10-day suspension that was levied against him in 2005 after he was accused of failing to complete reports on eight sexual abuse and assault cases while assigned to the Special Victims Unit.

The state Board of Mediation and Arbitration ruled that Vinci’s actions did not warrant a 10-day suspension without pay, and that there is no set time limit for reports to be completed.

Further, the board admonished the Police Department for its handling of the case.

“This panel points out that there were other problems raised in this case of a political nature which it found to be improper on the part of the West Haven Police Department,” the report said. The board did not elaborate on what kinds of “problems” arose in the case.

In another incident, Vinci was permanently demoted from detective to patrol officer over an alleged mishandling of a school bomb threat in March 2006. That punishment eventually was reduced to a 45-day demotion and Vinci was paid about $5,000 in back pay. He was returned to the detective bureau in January 2008 and remains there.

Quagliani maintains that because Vinci was still ordered to serve a 45-day demotion means the discipline against him was warranted.

“I take offense to anybody questioning my integrity. I don’t retaliate. (Vinci) received disciplinary action that was sustained — 45-day demotion for his actions. Obviously there was some merit to the action,” he said.

The chief also pointed out there are no pending grievances filed by Vinci and he questioned the timing of the lawsuit.

“Domenic Vinci’s past disciplinary issues had nothing to do with his political position within the city, he has been disciplined in the past for poor performance; he is not the first officer to be disciplined and I am sure he will not be the last,” Quagliani said. “He has received his due process and has been treated no better and no worse than any other police office in that type situation...we had moved on from discipline issues, it appears he has not.”

Borer defended the police commissioners, saying they take corrective action when they see a need for it.

“The Board of Police Commissioners are a group of citizen volunteers who help set policy and oversee the department. They are dedicated and professional people, not political,” he said.

Borer also called Quagliani very professional in his work and said he was the most qualified person to take over the department in 2005 when he was appointed to replace retiring Chief Russell F. Kniehl Jr.

Police Commission Chairwoman Lisa Whitney Yarbor said she had no knowledge of the lawsuit and declined to comment on it for that reason. In addition to Yarbor, the lawsuit names Commissioners Thomas Gallagher, Alex Botte, Grace Hendricks and Richard Smith.

The lawsuit alleges that Vinci suffered anxiety, humiliation, loss of reputation in the community, economic loss and violation of First Amendment rights. Vinci is seeking compensatory, punitive damages and attorney’s fees.

Vinci, an 18-year veteran of the department, could not be reached for comment.

West Haven Deputy Corporation Counsel Lee Tiernan said he could not comment on the case “until I further review the allegations.” Picard also declined to comment on the lawsuit.