Burnham Advises Police Commissioners to Keep Quiet in Old Saybrook, Connecticut

OLD SAYBROOK - About 30 members of the public disappointedly walked out of the Old Saybrook Police Commission meeting on Mar. 24, many whose questions regarding the McMurray-Kirtland Fund went unanswered.

While public comment was taken at the beginning of the meeting, Chairwoman Christina Burnham told residents that commissioners would not comment on the fund until the end of the meeting, which was approximately 90 minutes later, during an item listed on the agenda as "comments and concerns of commissioners".

Several residents asked the commission to take over the administration of the fund but Burnham said the commission "doesn't have jurisdiction if it is not budgeted funds...The (Freedom of Information) FOI ruled that it's a public fund but not that it's a municipal fund," meaning the fund will continue to be controlled by Chief Edmund Mosca.

Mosca was on vacation and also absent from the meeting were Commissioners Tim Conklin, Ernest Sparaco and David Gallicchio.

First Selectman Michael Pace has previously told the Pictorial Gazette that the police commission has full authority over the police department including all funds used by the department.

Resident Gloria Cahill told commission members that they should have voted on how the fund was used throughout the years.

Cahill questioned several items purchased with the funds that are listed in a pile of 2,500 documents that were made public after a ruling by the FOI.

On OSPD letterhead and signed by Mosca, one letter thanked a donor for contributing to the fund and that monies are "used for programs and functions benefiting the youth of Old Saybrook."

The paper trail tells a different story, for example, funds were used for dinners for police chiefs and their wives, liquor for parties, official Major League Baseballs, miniature police cruisers, BJ's Wholesale Club memberships, and hotel and travel expenses so that Mosca and Conklin could attend a ceremony for Lieutenant Michael Spera, who had completed an FBI training course.

Burnham said the fund is under investigation by Attorney General Richard Blumenthal's Office who is using forensic researchers and information obtained from interviewing people with knowledge about the fund.

Commission members unanimously voted to allow Burnham to write a letter to Blumenthal so the commission can receive a copy of those findings as soon as they become available.

Burnham emphasized the need for commissioners to read and understand the report and discuss it before it is "spread out into the public."

Suggesting that the commission contact its labor counsel, Burnham warned commissioners not to comment to the public so that everyone's due process rights are followed.

"We don't want to prejudice ourselves, we want to make sure we do what we are supposed to regarding employees," Burnham said.

Spera said that only the police commission could bring disciplinary action against the chief and only upon completion of an investigation.

Burnham warned commission members stating, "If you go on our own and do your own investigation and make comments, you may need to recluse yourself if the commission has action to take. I want us all to be careful."

According to Feb. 25 commission minutes, Conklin said he was upset that Commissioner Richard Metsack had been quoted in the paper regarding the fund and suggested a spokesperson be appointed to prevent "people from using their title to serve their personal agendas."

Minutes indicate that Metsack disagreed with the idea calling it censorship while Commissioner Dobratz indicated that this could be an infringement on freedom of speech.

At the Mar. 24 meeting, Burnham again discussed the possibility of electing a "spokesman (on the commission) to go to the press," but no action was taken.

While Burnham sees the duties of the police commission as "overseeing the operation of the police department, hire, promote, discipline, and fire personnel," she admits that the commission has no bylaws.

Metsack said that "all of the other boards and commissions have rules or state guidelines," adding that he will obtain bylaws from police commissions from neighboring towns and the commission could "pick and choose" between them.

In the end, Burnham said that "if the (Blumenthal's) investigation, when complete, shows budgeted funds were used; we will have to take action...either disciplinary action or a policy judgment."