Tempers flared at an Old Saybrook Police Commission meeting on May 20, when two members called for the commission chairman to step down over alleged bylaw violations, and Police Chief Michael Spera hinted at further actions to follow.

Following an at-times contentious discussion in which some commission members and Spera contended Chairman Alfred Wilcox (D) broke commission bylaws by conducting an unauthorized independent investigation into alleged—and since proven unfounded—contract violation by the Spera, commission member Carl Von Dassel (R) made a motion to ask Wilcox to step down as chairman. The motion was seconded by commission member Jessica Calle (D). The motion failed by a vote of five opposed to two in favor; however, the issues discussed before the vote led to terse exchanges and pointed allegations.

The Issue

The issue that led to the heated meeting began earlier in the spring when commission member Renee Root Shippee was sent a snippet of internal communication from a company that appeared to suggest Spera had taken another full-time job besides his work as police chief. The commission members did not name the company during the meeting to avoid embarrassing the business. Root Shippee declined to share who sent her the communication during the meeting.

Root Shippee showed the communication to Wilcox, who said he contacted Old Saybrook First Selectman Carl Fortuna and then the town’s labor attorney Pat McHale. Wilcox said McHale suggested having a conversation with Spera to address the concerns.

Spera told Wilcox he was not an employee of another business, rather he had signed a consulting contract as part of his work though the private business, Howser Public Safety which he owns. Per his 2009 contract with Old Saybrook Spera is allowed to have the business.

Wilcox asked for proof that the communication he saw was only related to the consulting work and said he suggested documents Spera could provide to make that the case. A letter was sent eventually from the business to McHale clarifying the matter. At the end of the May 20 meeting, Wilcox admitted he was satisfied the letter was accurate and the allegations against the chief were not founded in fact.

When Wilcox relayed the story during the commission meeting, Spera responded that Wilcox was leaving out facts. Spera said Wilcox had asked for an affidavit that would be kept at Wilcox’s house as well as proof of payment or financial forms from the consulting business, something Spera refused to provide and said he has never been asked to provide before in 15 years of serving as chief and operating Howser Public Safety. Wilcox countered that he was suggesting types of documents that would prove Spera’s side, not demanding them.

While Wilcox said his actions were part of his duties as chairman, and he was doing due diligence to determine if the issue warranted being an agenda item at a regular or special meeting, others disagreed.

Von Dassel, Calle, and Spera all chastised Wilcox for what they said were actions that constituted an unauthorized and rogue investigation that was in violation of the commission bylaws.

The commission bylaws state in part that “…in order to protect the due process right of the employees of the Department, Commissioners should not engage in individual investigations concerning personnel-related issues” and “Individual commissioners should not hold themselves out as representing the commission unless they have been authorized to do so by the commission at a duly noticed meeting.”

By taking the steps he did Von Dassel, Calle, and Spera said Wilcox was beyond the scope of determining if an issue should be an agenda item and that Wilcox’s repeated use of the words “evidence” and “I” were indications he was conducting a solo investigation.

Von Dassel said he was irked that the communication Root Shippee sent to Wilcox was not reviewed by the commission as a whole and it was only after Wilcox had asked Spera for proof that the other commission members were told what was going on by Wilcox calling each member individually.

Von Dassel pointed out the commission may have authorized Wilcox to take the same actions, but said it should have been decided on as a collective group at a meeting. Later in the meeting he said he had lost faith in Wilcox’s ability to lead the commission, and brought up past instances where he said Wilcox had ignored advice from others, including attorneys, in favor of pursing his personal preferences. Calle agreed and accused Wilcox of having “blinders on” regarding potential consequences when he sets his mind to something.

Speaking with the Harbor News after the meeting Wilcox said that while he can’t speak for Calle or Von Dassel, he was “comforted” that the rest of the commission did not support the motion to remove him as chair. Wilcox said he was hopeful the commission could put the issue behind them and move forward.

Spera’s Response

During the meeting Spera called the entire issue “disgusting” in light of his many years of service to the town. Spera also told the commission that he may not be done discussing the matter.

On May 30, Gregg Adler, an attorney for Spera, sent a letter to McHale in which he requested that Wilcox be instructed to comply with all bylaws, that Spera be exonerated from any accusations of wrongdoing, and that Spera receive assurance he will not receive any disciplinary action.

Wilcox said on June 5 that he had not communicated with the chief because, as he stated during the May 20 meeting, he was satisfied with the letter from the business to McHale that the contract was for just consulting work.

Adler also asked that McHale instruct his clients, including all members of the Police Commission, the Board of Selectmen, and representatives from the Police Executive Research Forum who are conducting a study of the department, to preserve any communications from relating to Spera.

Spera did not respond to questions from the Harbor News on if he was planning on filing a lawsuit against the commission or town. Wilcox said he believes if the chief was considering legal action he would have already filed a lawsuit.

In a closing paragraph, Adler said, “Please understand that if five of the members of the Police Commission truly want Mr. Spera removed as chief, which seems to be the case, even though there is obviously no lawful basis for the commission or the town to do so under the terms of his employment agreement, the chief remains open to negotiating a term for an early retirement package.”

Wilcox said he did not agree with the assessment that the commission members want to remove Spera as chief.

“I think that’s an illogical conclusion. The motion was to remove me, not the chief,” Wilcox said.

Wilcox said that as far as he was concerned the matter was closed. “I think this matter was behind us and we’ll move on.”