-LAW OFFICES

SIEGEL, O'CONNOR, O'DONNELL & BECK, P.C. 150 TRUMBULL STllBET www.siegeloconnor.eom 14 EUGENE O'NEILL DltIVE, SUITE 201 HARTFORD, CONNECTICUT 061113 NEW LONDON, CONNECTICUT 06320 (860) 711·8900 (860) <441....1 .. 1 FAX (860) 5Z1·5131 FAX (860) <441-411..

PLB.ASB JU!PLY TO ILUlTFORD OPl'ICE

February 23, 2009

Lt. Edward Pocock III Southington Police Department 69 Lazy Lane Southington, CT 06489

Re: Internal Affairs Incident Report Case No. 2008-06

Dear Lt. Pocock:

This communication summarizes the decision of the Southington Police Commission ("Commission") stemming from the above-referenced incident report in conjunction with the information you provided to the Commission at a predisciplinary conference on February 18,2009. As a result thereof, the Commission determined that, due to a misinterpretation of communications between you and Chief Daly, confidential Departmental information was communicated by you to at least one individual outside the Department. This communication is provided to both clarify that miscommunication and endeavor to insure that such actions are not repeated. The Commission is not instituting a disciplinary action through this communication or regarding this specific event.

From the information provided, the Commission determined that Chief Daly had conversations on or about September 26, 2008 with all of the Captains and Lieutenants in the Department concerning a restructuring plan the Chief was considering involving the creation of a third Captain's position in the Department and his further plan to fill that position with an individual not currently part of the regular police force. He spoke directly to you about this plan on Friday September 26.

The Commission also determined that the evidence indicated the Chief advised all of the officers, including you, with whom he had such discussions that the information was to remain confidential until the plan had been acted on by the Commission. Nonetheless, by your own admission, on hearing of the plan you were extremely upset and felt personally. slighted by the Chiefs decision. Perhaps based on these strong emotional reactions, you either did not register the Chiefs instructions regarding confidentiality or felt, due to the personal impact of this decision on you, that the instructions did not apply to your discussion of this matter with your father, who also happens to be the Chair of the Southington Republican party. In any event, you

";IEGEL, O'CONNOR, O'DONNELL & BECK, P.C.

,eutenant Pocock :ebruary 27, 2009

Page 2of2

proceeded to have discussions of the restructuring plan with your father, prior to the Commission's action on the proposal.

While the Commission realizes that you may wish to seek counsel from your father regarding matters that are of personal interest to you, such communications can not be held in a vacuum. Both the short time frame of the Chiefs request for confidentiality and the fact that your father holds a prominent political position in the Town should have lead to your refraining from such communication until after the Commission's action. Now that this has been brought directly to your attention, the Commission would expect that in any future similar situation. you would, regardless of your personal feelings, refrain from discussing confidential Departmental matters outside the Department, even if the discussions take place with a family member.

If you have any questions or need further amplification on this communication, please feel free to address them with the Chief.

As authorized by the February 18, 2009 vote of the Southington Police Commi§§ion.

c. Police Commission Attorney McEleney Chief Daly personnel file

Department of Police SOUTHINGTON, CONNECTICUT 06489

Captain Gregory J. Simone Support Services DMsion 69 Lazy Lane SOuthington, CT 06489 HEADQUARTERS: TEL. (860) 378-1600 Ext.1603 FAX (860) 378-1607

INTERNAL AFFAIRS INCIDENT REPORT

CASE #2008-06

PREPARED FOR: CHIEF John F. Daly Southington Police Department

PREPARED BY: Capt. Oregory J. Simone Southington Pollee Department

Date: December 9, 2008

Department of Police

Captain Gregory J. Simone Support Services DMaion 69 Lazy Lane Southington. CT 06489 HEADQUARTERS: TEL. (860) 378-1600 Ext.1803 FAX (860) 378-1607

CASE NUMBER:

LA. NUMBER

DATE OF INCIDENT:

DATE REPORTED:

LOCATION OF INCIDENT:

RECEIVED BY:

NATURE:

COMPLAINANT:

OFFICER INVOLVED:

OTHERS:

SOUTHINGTON, CONNECTICUT 06489

Not Entered into SPDlMobilTec

LA. 2008-06

October 3,2008

October 10,2008

Southington Police Headquarters

lohnF. Daly ChiefofPolice Southington Police Department

Release ofinfonnation told in confidence.

JohnF. Daly ChiefofPolice Southington Police Department

Lt. Edward Pocock #266 Southington Police Department

DavidZoni 340 Annelise Ave Southington, CT 06489 860-384-9103

Capt. William Palmieri #327 Southington Police Department

Lt. Clifford Saucier #400 Southington Police Department

Lt. Michael Shanley #328 Southington Police Department

Officer Gerald Triano #314 Southington Police Department

Officer Stephen Salerno #349 Southington Police Department

Department of Police SOUTHINGTON, CONNECTICUT 06489

Captain Gregory J. Simone Administrative Services HEADQUARTERS: TEL. (880) 621-0101 Ext. 1603 DIRECT DIAL (880) 378-1603 FAX (860) 378-1607

This Internal Affairs complaint was initiated by Chief John Daly after information regarding a confidential conversation that he had with members ofhis command staffwas made public.

Summary of Complaint: ChiefDaly had separate private conversations with certain members of his command staff, lieutenants and

captains, at different times in the month ofSeptember. The conversations were regarding the restructuring of the command staff with in the department and the possibility of promoting Eric Daigle to the position of captain in the Southington Police Department. Chief Daly stated that everyone was told that the conversation was to be kept in confidence at that point.

Chief Daly stated that he had heard that Lt. Edward Pocock had told his father about the conversation and it was now being discussed by the public.

Investigation: I spoke with ChiefDaly on Friday, October 10, 2008 and it was at that time that he advised me that he

wanted me to initiate an internal affairs investigation on Lt. Pocock. He stated that he wanted to find out ifLt. Pocock had spoken to anyone outside the department regarding the confidential conversation he had with him on Friday, Sept. 26, 2008 where he told him ofhis intentions on restructuring the command staffofthe police department. Chief Daly stated that he told Lt. Pocock that the conversation was to be held in confidence and not to speak with anyone regarding it. I spoke with numerous people associated with this case and interviews are listed below.

Inten-iew with Lt. Clifford Saucier: I verbally interviewed Lt. Clifford Saucier on October 10· during 1It shift while he was working. He agreed to provide a written statement and did so on October 13th regarding his knowledge ofthe case I was investigating. He was advised ofhis Garrity Warning.

He writes: On Thursday morning September 25, 2008 Chief Jack Daly called me to his office for a meeting with him. During that time he asked me when I was planning to retire, not that he was pushing me to leave. I told him I was targeting no earlier than my anniversary date ofFebruary 8, 2009, even though I had not made any formal notification as yet. The Chief said he wanted to share something to me and wanted me to keep it to myself I told him I would.

ChiefDaly said he wanted to restructure the command position ofthe department and wanted to make a third captains position. He explained to me his logic for wanting to do so. We discussed the pros and cons for his plan. Gave him my opinion on this issue, agreeing with him that he and the commissioners had authority to

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do such a move and the police union has little recourse on the matter. I also speculated that his plans would not sit well with the members of the department, especially since Eric Daigle will be promoted to captain from the supernumerary ranks. ChiefDaly also informed me he was meeting with the commissioners that night to discuss the issue and hopefully obtain permission from them to do what he was proposing.

After leaving the chief's office that day, I did not discuss his plans with anyone. On the following day, which was Friday, September 26th

, I worked day shift. I kept myself alert for any talk or emotional change in anyone. Not seeing any, I simply surmised that nothing was settled during the police commissioners meeting the night before.

On Saturday, September 27th, I again was working day shift. I was in my office that morning when Lt.

Edward Pocock ill came in to see me. He was scheduled to work the Apple Harvest Festival that morning as the O.I.C.. He was viably upset and angry. He told me ChiefDaly had called him to his office on Friday and told him of his plans to promote Eric Daigle. He said the Chief had told him and other staff that morning. He told me he was so upset upon receiving this news that he told his father, Edward Pocock Jr., first thing after receiving the news. He then shared his opinion ofEric Daigle which I am not going to get into here. He told me this was not a done deal. That he and his father would speak to various politicians in town against this issue. He also spoke of their speaking to members of the Finance Board and prevent funding for his move. He left my office in a huff over this issue.

Later that day or the next day, Lt. Shanley came into my office. I asked him ifhe knew about this. He said he did know about it and his position was secure and he was okay with it. On Sunday morning, when I reported to work, there was a lot oftalk and controversy being generated by the rank and file. Word had definitely gotten out.

For the record I wish to say that Chief Daly has known my opinion on this issue from the start. I've been up front with him. Secondly, this issue does not involve me since I will be retired when it is implemented. My wife and I have spoken about this issue, but neither of us have a political agenda on this issue.

Interview with Lt. Edward Pocock m: I interviewed Lt. Pocock on October 17, 2008 in my office during his regular work schedule. He was notified ofthe scope of my investigation and was given his Garrity Warning which he stated he understood and signed. He was asked a series ofquestions to which he answered. The interview was tape recorded.

Question: Did Chief Daly talk with you regarding his future plans for the restructuring ofthe police department? Answer: He did. In his office on Friday morning September 26th

• He advised me that he was going to promote supernumerary Daigle to the position of Captain.

Question: Was anyone else present during this conversation? Answer: No.

Question: Were there any follow up conversations after that initial conversation? Answer: No. Nothing other than normal business. I really didn't want to talk about it anymore.

Question: Did Chief Daly advise you during that conversation that he had with you that what he was telling you was to be held in confidence? Answer: No, as a matter or fad, I told him, he wanted me to get back to him, so I told him that I wanted to talk with my wife and family before I made a dedsion on basically how I fdt. I was hit with a

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load of bricks that day and I made it clear that I was going to talk with my wife and my famBy about it before I made a decision. In fact later in the day my wife brought me lunch and he asked me if my wife was going to punch him in the head.

Question: Why do you say make a decision. Make a decision regarding what? Answer: He wanted my penonal support for his decision. I obviously was disappointed with his decision and just never got back to him on it. I just resigned myself to the fact that this was just gonna happen.

Question: Are you telling me that he didn't tell you that this was to be held in confidence. Answer: When I told him that I was gonna talk to my wife and family that would have been the time to teD me, no you're not talking to anyone about this.

Question: After you were told about the Chief s plans what was your reaction? Answer: I was disappointed. Greg, I'm sorry, Captain, I felt like I had been punched in the chest. I can't describe in words how bad it made me feel. But he's the boss and it's his decision.

Statement: I personally know that when you left his office that morning you were visibly upset. Response: Yea, matter of fact, I caDed my wife and told her I didn't know what to do. Do I go back to patrol. It's obvious that I'm not very valuable to the administration. Then I went to my fathen house and talked with him. My father was actuaUy the best penon that I talked to because he told me to just let it take it take its natural coune. There's nothing you can do. Don't worry about it.

Statement: So Friday morning when I saw you in the hallway and you said Capt. I've got to leave for awhile. Response: I went to my father's house. I went to my dad's house. I talked to him. Like I said I was under no belief that I wasn't able to talk to him. My father ifanything was a calming inftuence. I told him that I was very disappointed about it. I said to him what do you do in a situation like this? Do you go back to being a sergeant? What do you do? I said to him I reaDy didn't know what to do. I don't feel very valuable. He told me to just let it take its coune and don't worry about it.

Question: Did you discuss this issue with anyone inside the department? Answer: The only one I know who had contact with the Chief after I left was Kahn. Kahn's attitude was different when I came back. It's almost like he was made privy to something that he shouldn't have been made privy to. That was pretty much how I left it. We'D whatever it is Michael it is. It was almost like, Are you gonna quit IT.

Question: Did he say ifhe knew what was going on or what the bosses intentions were? Answer: I can't remember exacdy how he phrased it to me. It was cryptic. That was after I got back from my fathen. He may have or may not have. At that particular point in time even if he did say something to me I really definitely didn't make a difference to me. I talked with Clift' on Saturday morning and Billy on Friday and yourself on Friday. I knew the other supervison were aware so there in my class or outrank me so I didn't see an issue talking with Cliff.

Question: Did you say to any councilmen "Now that it's out I can talk about it." Answer: I was approached by Dave Zoni who asked me "If I had started this." I looked at him and don't know if I used the exact terminology "Now that it's out I can talk about it." But what I said to him

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specifically I'm not gonna talk about it. I'm not gonna get involved in it. H it comes to the council level Pm abstaining from it and that's gonna be the end of it. I was being approached by people. I'm in a unique position because people are gonna hear this thing come out and most of the people came up to me and said are you OK. Is everything alrigbt with you. I'm thinking to myself, Are you to stupid to make captain. I had that said to me. I bad people coming up to me saying stufTthat quite frankly was just unbelievable. First off I'm never gonna bad mouth the Chief, even if I disagree witb him. Privately when I talked with the Chief I let him know that I was upset and to my fellow supervisors I thought it was a slap but outside this police department no freekin way. I talked with Nick DePaolo, I'm close with Nick. Nick told me that basically he'd been hearing things. I said yea it's out. It was all over the freekin place for God's sake. Sunday morning I was working with Sgt. Spratto. He told me that he didn't understand what the big news was. I said what do you mean? Gerry Triano has been talking about this for the last 2 week in the bureau. Pm thinking to myself the range of emotions I went through over a week is almost indescribable it felt like I was the last person to know, I was not gonna get a promotion and then it seemed like everyone else in this police department knew about tbis except me. And then in tbe end I'm being told that you're opening your mouth. I talked to ClifT primarily.

Question: During the Apple Festival did you speak to any elected officials regarding this while you were on duty there? Answer: I talked with Dave Zoni that I can remember. Art Secondo approached me and asked me what my long face was for. I told him I'm not going to talk about it. Yea, there's something disappointing but things are gonna take their natural course and it will be clear as time goes on.

Question: Did you discuss anything with Art? Answer: No.

Question: Did you discuss this with Tony DeAngelo? Answer: Tony approached me and asked me if I was alright. I said I was fine.

Question: Did Tony say anything to you about "are you OK with ...... " or expound on anything. Answer: No, he was very brief.

Question: . Did you·say to anyone that "This was not a done deal." That you and your father were going to speak to various politicians in town against this issue and also speak to members ofthe Finance Board to prevent funding for this move? Answer: Well first off, my father bas not said anything to anybody that I know of. His initial advise to me was not to get involved in it. When I talked to Nick he told me the same thing. He said just stay out of it. He advised me that no matter what happens you're going to be the wbippi,!g boy anyway because of your position. He said the best thing would be not to say anything to anybody and to take a neutral stance on it wbich is what I've done. When I talked with Cliff on Saturday I was upset but I've never used my position of political authority to say that I was going to do anything. Firstoff, I'm not that important #1 and #2 my views on what happens here is this is going to take its natural course regardless of me anyway and on this issue I would abstain on it anyway. As far as my father doing something. He hasn't called anybody he hasn't talked to anybody in fact his advise to. me that day was probably the most soothing that I got. He said just let it takes its natural course.

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Question: Do you have anything else you want to add? Answer: I strongly feel that there were other people that were told about this long before this went to the police commission and it seems that this was common knowledge around here that certain people had knowledge of this before it went down. There's an element ofthis where I feel is a witch hunt and it bothers me. It bothers me deeply because rve been nothing but loyal to this police department. Regardless of my being upset or not upset it has no impact. H I was told that this was a state secret I wouldn't have said nothing to anybody. But even the Chief said to me that day, IJ your wife going to punch me? I made it dear in his office that day that I was going to talk to my wife and my family. HI was told that you're not talking to you're wife, you're not taking to your father, you're not talking to anybody outside this police department, you're not saying jack shit about this then this conversation wouldn't have gone any further and I wouldn't have talked to anybody.

Interview concluded at 10:40am.

On Friday, 10/17lOS at approx. 2:20 pm I conducted a follow up interview with Lt. Pocock to clear up some questions that I had regarding our initial interview. This was not tape recorded.

I asked Lt. Pocock to specifically answer with aYes or No whether he made the following statement to Lt. Saucier.

Question: On Saturday, September 27th when you talked with Cliff regarding this matter did you make these statements to Cliff:

a. That this was a done deal. b. That you and your father were going to speak to various politicians in town against this issue. c. That you and your father would speak to members of the Finance Board and prevent funding for this move.

Did you make those statements, Yes or No? Answer: No. I never said that and would never implicate my father in something like that. I said that this wasn't done referring to it has to go through the different town boards before it is approved. I never said anything about politicians or member of Finance. Maybe Oiff assumed this because of my position.

Question: When you spoke with Dave Zoni on Sunday, September 2Sth at the Apple Festival what did he mean when he asked you "Ifyou had started this." What was he referring to? Answer: I don't know and now that I think about it I don't know if it was Zoni or Sgt. Spratto who asked me that? Sgt. Spratto and Dave Zoni were taking together on that same day •

Statement of Lt. Michael Shanley: Lt. Michael Shanley provided a voluntary wrhten statement on October 21, 200S. He was advised ofhis Garrity warning prior. His statement reads as followf.:

Sometime around six weeks ago, I am not sure of the exact date or week, Chief Daly came into my assigned office to speak with me. Chief Daly told me that he had been thinking about restructuring the Command Staff ofthe Police Department. He told me that he was going to be bringing his intentions to the Police Commission in the near future. He further told me that as part of the restructuring, he was giving serious consideration to hiring Attorney Eric Daigle for the position ofCaptain. During this conversation, I was asked for my thoughts and concerns. I told Chief Daly that I would completely support his idea and that by having Eric

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on board it would have a positive impact on the Police Department. I have known Eric for a number ofyears and have a true respect for him, as a person and as a professional. Chief Daly told me that this conversation was to be kept in confidence until he was able to discuss it with the Police Commission. He further stated that I should not discuss this with anyone, either within the Police Department or outside ofthe Police Department, and I certainly understood this. Therefore, prior to his proposal becoming "public" around the Police Department, the only two people that I discussed this with were Chief Daly himself and Captain William Palmieri. Any conversation I had with either Chief Daly or Captain Palmieri took place within the Police Department and inside either ofour three respective Offices. When I refer to this information becoming "public" I believe this was after Chief Daly met with members ofthe Union Executive Board and rumors started. After this information became "public" around this Police Department and rumors started to surface I did take the time to speak with several ofthe Detectives and Officers that I work with to dispel some of the falsehoods and to provide facts.

On October 1, 2008 I worked a detail with Detective Wojenski and Officer MacKenzie. While the three ofus were seated inside on ofthe unmarked police cars conversation turned to recent rumors around the Police Department. One of them mentioned the rumor that Eric Daigle was going to be hired as Deputy Chief ofthe Department, that the Union members were not happy and one ofthe current lieutenants was not happy. I then explained the Chief s long term goals, and what part of that Eric Daigle would play if in fact he was hired. I explained to them that Chief Daly was looking to have the Department accredited and that Eric would have a large part in that as well as rewriting policies. I further explained to them that this was not being done to as to "groom" Eric for a future position as the Southington Police Chief but rather that he would probably only be with SPD until his projects were complete. I also told them how Eric had recently obtained a grant for a command vehicle for SPD. At the completion of our conversation they both told me that having had this issue explained to them and the reason behind it, that it made sense. I had a similar conversation with Sergeant Wilson, but again, this was not until after this information had been made «public" within the Police Department. The conversation I had with Sergeant Wilson took place in Sergeant Wilson's office on a date after October 1,

2008. After both ofthese conversations, I shared the first with Chief Daly and I believe the second with Captain Palmieri.

The only other person that I spoke with about this was Chief Faughnan. On this particular date that I had a phone conversation with Chief Faughnan, Chief Daly had a meeting scheduled with him. Chief Daly contacted me and asked me to contact Chief Faughnan with regard to their meeting and the fact that Chief Daly might be a few minutes late as he had been dealing with an internal strife. I have known Chief Faughnan for a number of years. When I spoke with Chief Faughnan on the phoneI told him that Chief Daly was running a few minutes behind schedule. I explained to him that Chief Daly had been dealing with internal issues and that he would probably discuss it in more detail with him. I mentioned to him that Chief Daly was thinking ourside ofthe box and was looking to hire Eric Daigle as a member of our Command Staff. I later spoke with Chief Daly and made him aware ofthe conversation I had with Chief Faughnan.

This past week, the night that Eric Daigle was hired, I had a telephone conversation with my father. I wanted to explain to him the reasons that the Police Commission had voted that night to hire Eric Daigle. I know that ifhe had read this information in the paper he would have had more questions than answers. I explained to my dad the reasons and the fact that I fully supported this move.

Statement of Captain William Palmieri: Captain Palmieri provided a voluntary written statement on October 14,2008. His statement reads as follows:

Chief Daly spoke to me approximately 5 weeks or so prior to the October 2, 2008, Police Commissioners meeting. This conversation took place in his office and he advised me not to speak with anyone about this or I

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could face disciplinary action up to tennination. I was also present when Chief Daly advised the Union Executive Board of his plans.

1 did not speak with anyone about this issue until it became department wide knowledge amongst the non-union supervisory staff. ChiefDaly spoke with Lieutenants Saucier and Pocock ill on Friday, October 3, 2008 (I believe) about his plans. Later in the morning Lieutenant Pocock ill came to see me (Captain Office) and wanted to talk about the Chief s plan. Ed was clearly upset and 1 spoke with him keeping a positive spin on our conversation. Ed was disappointed because he felt he could do the job ofa Captain and would have liked the chance to compete. 1 told Chief Daly about our conversation. I did not speak with Lieutenant Slodzinski about the incident.

During the week ofOctober 6,2008 Lieutenant Saucier spoke with me (Lt. Office) about the Chiefs plan and he expressed it did not affect him and he could see the Chief s logic. He also felt the rank and file would be upset, but would get over it in time. 1 also was approached by Sergeant Baribault about the Chief s plan. He did not agree with it and felt it was a slap in the face ofall the supervisors. 1 shared this with ChiefDaly and he spoke with Sergeant Baribault about his plan and why he felt this was in the best interest of the Department.

It should be noted that by Saturday, October 4, 2008 (possibly earlier) this information was already department wide and most ofmy conversations listed were to make sure accurate facts were being presented to the rank and file.

Interview with Officer Gerald Triano: 1 spoke with Officer Triano on October 17, 2008 in my office regarding a statement that was made by Lt. Edward Pocock ill during his interview. Lt. Pocock stated that he was told by Sgt. Nick Spratto that Gerry Triano had knowledge and was talking about it for the past two weeks in the detective bureau. 1 confronted Officer Triano with this information and he stated that he did not know about this until after ifwas common knowledge around the department. He stated that he doesn't remember the date but he had called Officer Stephen Salerno when the stock rilarket was getting bad to talk with him about stock investments. He stated that they do that quite often. Stephen told him he had bigger problems to deal with, "A super being promoted to Captain." Triano stated that this was the first he heard about it.

Interview with David Zoni: On Friday, November 7,2008 at approx. 1100 hours 1 spoke with David Zoni via phone. 1 wanted to confirm or deny statements that Lt. Edward Pocock had made during his interview. Mr. Zoni stated that he did talk: with Lt. Pocock at the Apple Harvest Festival. He stated that he approached Lt. Pocock and asked him about what he had already heard to confirm it. Zoni stated that Lt. Pocock gave him the impression that he really didn't want tolalk about it.

Zoni said to him, "Ed is what I'm being told true? Are the guys really that upset?" Pocock replied, "It depends who you talk to." Zoni stated that it was not a long conversation that took place and he said Pocock really didn't want to get into it. He stated that Stephen Salerno talked to him well before he talked with Lt. Pocock at the Apple Festival. According to Zoni, Salerno told him that there was something going on and the guys were upset about it. He was told of the promotion at that point by Salerno. Zoni stated that it was at that time that he began inquiring further to find out what was going on.

Interview with Officer Stephen Salerno: 1 interviewed Officer Salerno on Novemeber 7,2008 in my office while he was on shift. 1 asked him ifLt. Pocock had talked with him at any time prior to the Commissioners meeting on 10/9/08 regarding the Chief s restructuring plan. He stated, "No, 1 never spoke with Lt. Pocock nor he with me regarding the department restructuring or Eric Daigle being promoted to captain.

As Union President, Salerno was obviously not happy with the Chief s proposed restructuring plan and promotion ofEric Daigle to the rank of captain.

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Conclusion: It is apparent from my investigation that Lt. Pocock ill did speak with persons outside the department on the very first day, September 26,2008, that he learned this information from ChiefDaly regarding the restructuring of the police department and promotion ofEric Daigle to the position ofcaptain. Chief Daly also spoke with me, Captain Palmieri, Lt. Saucier and Lt. Shanley all individually prior to September 26, 2008. Interviews with everyone revealed that Chief Daly advised all the supervisors that the information that he was telling them regarding the restructuring ofthe department was to be held in confidence and was not to be discussed. Chief Daly stated that the same instructions were given to Lt. Pocock ill even though Pocock denies that this was ever said to him by the Chief Lt. Pocock stated that he told the Chief that he was going to discuss this with his family. ChiefDaly said that this was never stated by Lt. Pocock.

By his own admission, Lt. Pocock ill stated that he spoke with his father (Edward Pocock Jr. SPD Retired) on 9/26/08 after being advised ofthis confidential information. Lt. Pocock ill also had spoken to members ofthe Town Council, however he only initiated one conversation that being with Nick DePaolo. All the others, Dave Zoni, Art Secondo and Anthony D'Angelo all approached him while he was working the Apple Harvest Festival. As far as I could determine Pocock ill did not discuss this issue with any ofthem even though they initiated the conversations. I could not determine when the conversation had taken place between Pocock ill and Nick DePaolo. This could have been after the information had become public.

Lt. Saucier stated that Lt. Pocock had spoken to him on Saturday, September 27,2008. During the conversation Lt. Pocock was visibly upset and angry and according to the signed sworn statement ofLt. Saucier, Pocock stated that this was not a done deal and that he and his father would speak to various politicians in town against this issue. He also spoke of their speaking to members of the Finance Board to prevent funding for the move. When I initially interviewed Lt. Pocock he side stepped the question when answering. I again asked him and he was told to answer with a yes or no. He answered ''NO'' and said he stated, "This wasn't done", referring to it has to go through the different town boards before it is approved. He stated that he never said anything about politician or member ofFinance. He stated that maybe Lt. Saucier assumed this because ofPocock ill's position. Lt. Pocock is a Town Councilman.

Chief Daly stated that Union President Stephen Salerno had knowledge ofhis restructuring plans on Sunday, September 28,2008 and according to the Chief, Salerno was extremely mad and stated to him, "You know why I'm pissed." During my interview with Officer Salerno he stated that Lt. Pocock ill and he had never discussed at any time the issue of restructuring the department or the promotion of Eric Daigle.

On Monday, September 29, 2008 Chief Daly met with the Union Executive Board at HQ in the early morning. During the meeting Officer Salerno brought up the issue regarding the promotion ofEric Daigle, so word had definitely gotten out and the entire union executive board was now aware ofit.

Someone began to spread the information regarding the Chief s plan prior to September 27, 2008 however, it can not be determined who that person was. I can show that Lt. Edward Pocock ill did have a conversation with his father, Edward Pocock Jr., on September 26, 2008 by his own admission. He discussed the details ofthe meeting that he had with Chief Daly earlier that morning regarding the restructuring ofthe police department command staff and the promotion ofEric Daigle to captain.

I personally observed Lt. Pocock after the conversation that he had with Chief Daly on September 26, 2008 and he was visibly upset to the point where he looked as though he was going to be ill. He stopped at my office and stated that he had to leave the building for awhile. It was at that time that he went to his father's house and spoke with him.

I find it difficult to believe that Lt. Saucier is not telling the truth about the facts ofhis conversation with Lt. Pocock IlIon 12/27/08. Lt. Saucier has nothing to gain by fabricating the details ofthe conversation with Lt. Pocock ill. I also find it difficult to believe that Chief Daly did not tell Lt. Pocock ill that the conversation he was having with him was in confidence. He told all the other supervisors that he spoke with regarding it. Why would he say he also told Lt. Pocock ill if this was not true.

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Findings: During this internal investigation I remained very focused on the initial complaint that Chief Daly had made. The scope of this investigation remained very narrow and to the facts presented. Chief Daly stated that he told Lt. Pocock ill that the conversation that he had with him on 9126/2008 was to be held in confidence. Lt Saucier stated that on 9/27/2008 Lt. Pocock ill told him that he had spoken to his father, Edward Pocock Jr., on 9/26/2008 and advised him of the conversation he and the Chief had just had. When interviewed, Lt Pocock, admitted that he did in fact speak with his father regarding the restructuring plan and promotion ofEric Daigle.

With this information I find that there is enough evidence to lead a reasonably prudent person to state that Lt. Edward Pocock ill did violate Article IX, Section 9.5 ofthe Southington Police Department's Rules and Regulations. Article IX, Section 9.5 refers to Insubordination to a superior officer by word or deed.

Respectfully,

Capt. Gregory J. Simone

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