UPDATE: City Charter’s Conflicting Language On Police Chief Vacancy Raises Questions

The city’s national search for a police chief in 2018–now engulfed in a federal imbroglio–produced three finalists from which the mayor appointed a top cop, according to the City Charter regulations.

The order by ranking: New Haven Assistant Chief Luiz Casanova, Bridgeport Acting Chief AJ Perez and Bridgeport Captain Roderick Porter, the highest-ranking African American in the department. Ganim selected Perez who was charged federally on September 10 in a scheme that allegedly provided him insider help in the testing process.

Following Perez’s resignation, Ganim appointed Assistant Chief Rebeca Garcia as the acting top cop. The City Charter specifies a police chief vacancy be filled from the three candidates ranking highest among the employment list.

Is Ganim legally bound to offer the job to Casanova or Porter?

Several members of the City Council will conduct a news conference on Wednesday in front of the cop house to address this question.

From the City Charter:

Whenever a vacancy arises in the position of chief of police, the personnel director shall, upon request, certify to the mayor the names of the three (3) candidates standing highest upon the employment list for such position. If no such list exists, the personnel director shall, within 150 days of the request, hold a test for such position and shall, upon the establishment of an employment list, certify to the mayor the names of the three persons standing highest thereon.

Within sixty (60) days of receipt of the certification required by subSection (a)(3) of this section, the mayor shall appoint one (1) of the persons so certified as the Chief of police and shall notify the Civil Service Commission and the Board of Police Commissioners of such appointment. The mayor may designate the time when such appointment shall take effect, provided it shall not be more than ninety (90) days from the date of his receipt of the personnel director’s certification. Unless otherwise stated such appointment shall be effective immediately. In the event that the mayor fails to appoint a chief of police within sixty days of receipt of said certification, the board of police commissioners shall, forthwith, make such appointment.

But, but but there’s this section too:

Whenever a vacancy occurs in the office of Chief of police, the mayor may appoint a member of the Bridgeport Police Department as the acting Chief of police. The person so appointed shall possess all of the qualifications established for the position of Chief of police. Any provision of this charter to the contrary notwithstanding, the person so appointed may serve as acting Chief of police until the position is filled as provided in this section.

Confused? Welcome to the club.

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49 comments

  1. The City Charter specifies a police chief vacancy be filled from the three candidates ranking highest among the employment list.

    Jose Reyes, this is what I was talking about when I emphatically said Captain Roderick Porter should be the Acting Chief and not Assistant Chief Rebeca Garcia who never passed the Chief’s exam nor ever passed the Assistant Chief’s exam. I know you’re looking out for your home girl, but you can shout that out from the highest building and her being appointed Acting Chief is wrong, immoral and unjust, as does the City Charter think so as well!

    My best guess is that Mayor Ganim will go to New Haven and beg Assistant Chief Luiz Casanova to take the position! Any questions?

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      1. Porter stays in play either way. Keep in mind that these are not quite conflicting charter language. One is for permanent chief appointment and the other is for temporary Acting chief. Porter would still be in play because he is a member of the police Department with qualifications.

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    1. Donald you passed a Captain’s test so I would like to believe you are a smart guy. So the City Charter does say that “Whenever a vacancy arises in the position of chief of police, the personnel director shall, upon request, certify to the mayor the names of the three (3) candidates standing highest upon the employment list for such position.”, however based on the fact that the test was rigged the list is not valid thus the second part of the language applies “If no such list exists, the personnel director shall, within 150 days of the request, hold a test for such position and shall, upon the establishment of an employment list, certify to the mayor the names of the three persons standing highest thereon.”

      Again as I stated in prior post Donald like it or not we have to follow the language of the City Charter. I have also stated on a recent post for another article regarding this mess that the prudent thing to do would be first fill the Civil Service Director position permanently and in that process also begin the nationwide search for a permanent Chief of Police that Captain Porter is more than qualified.

      Remember that the losers in all of this are the tax payers of Bridgeport who will foot the legal bill as this fiasco continues in the courts. Honestly how can anyone say that the list is valid when the process was tainted from day one. Remember “Patience is a virtue” if Porter is meant to be the Chief of Police then it will come to pass. I have no dog in this fight I am just pointing out that like it or not the rules (language) have to be followed. Obviously that wasn’t the case with this Police Chief search fiasco. But as the website says Only in Bridgeport.

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      1. Jose, in the interest of full disclosure I passed three promotions in the BFD. Now back to your absurd proclamation that the Chief’s exam is invalid because ya boy Pérez cheated with the assistance of Recently Arrested Acting Director of Civil Service David Dunn! Ludicrous! Casanova nor Captain Roderick Porter ever cheated so the exam isn’t invalid, just ya boy Pérez was eliminated because he cheated.

        I think it admirable that you would advocate for your sister by ethnicity, but she’s not the best candidate no matter how you try to change the narrative. She never took and passed the Assistant Chief’s exam and she never took the Chief’s exam and the only person in the BPD that took and passed the exam for Chief is Captain Roderick Porter. The fact is Rebeca Garcia was just given the position of Assistant Chief as well as that of Chief of the BPD without the benefit of testing. Captain Roderick Porter is the most qualified person on the BPD to be Chief! Mayor Ganim has shown time and time again that his judgment can’t be trusted so one must wonder what is he hoping to accomplish by the appointment? Could it be to hold onto the Latino voters which appears to be his last vestige to power because the white voters have already abandoned him and the last mayoral election showed that the Black community is finally walking away from him. Hummm…

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  2. I have a question. What makes you think Luis Casanova is still the Assistant Chief in New Haven? He not only scored the highest in the Bridgeport search, he scored the highest in the search for the Connecticut Capitol Police Chief. The second place finisher was Roderick Porter.

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          1. Why don’t you apply for the next opening in the City Attorney’s Office?
            We’ll waive the minimum education requirements.
            And they call you Speedy because you don’t waste any time actually reading anything before you render an opinion. Cut out the red tape.

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          2. Troll the reason the Charter is a mess is due to Charter Revision members who don’t pay attention to detail. They don’t listen to themselves and most importantly, look at the flip side. Sounds just like you.

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          3. Ernie explain in detail how you came up with October exp date. There is more to th charter. My point so far is that there no list. Now the rest of the Charter language must be followed. Note: The two Charter provision that Lennie put up are two (2) different matters. One is for police chief vacancy (a permanent selection/appointment) and the other is for naming an Acting Chief of police.

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          4. THERE IS NO CONFLICTING CHARTER LANGUAGE HERE. ONE IS FOR PERMANENT APPOINTMENT OF CHIEF AND THE OTHER FOR ACTING CHIEF.

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          5. It was November 5, 2018. As soon as the mayor appointed AJ the list dropped to two (2). When Casanova took the Capitol Police Chief job. The list dropped to one (1) Porter. Charter calls for list of three (3). What part of this don’t y’all understand? Porter survives over this and was still in play for the acting chief spot because he is a member of the BPD. The mayor simply didn’t pick him. Rebecca Garcia meets the qualifications required during the last search. Keep in mind that in the criminal complaint it says that Dunn change/lowered the education requirement and it’s not Rebeca’s or Porter’s fault. Rebeca Garcia is very much capable in handling her duty.

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          6. NOTE: Mayor Ganim did consider appointing Porter as Acting Chief. Ernie Newton stated on a post the he and 3 other council members (all black) had a meeting with mayor Ganim to push for Porter.

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        1. What some people call loopholes others call legislative elbow room. The Charter’s language is purposeful but deliberately vague. Its intent is what politicians discuss.

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          1. Brilliantly put, local eyes. There’s a rumor in the windmill that Robert Barr had left your basement bar before the DUI.

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    1. Specifically, what are the questions? Lennie, what happens if one gets off the list for whatever reason. Casanova and Porter didn’t wait long to apply elsewhere. Let’s say we have a list of two when the Charter calls for three. What does personnel director do in such a case? This is exactly the case. People are grasping for straws here.

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      1. That’s a miniscule point. It does not matter if Casanova or Porter applied for other positions. That is what job-seekers do. Hey,Joel,do you even remember what job-seekers do??

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  3. Who says Ganim will follow the City Charter. Bridgeport Mayor’s have ignored the City Charter before and,IMHO,Ganim will ignore it again. A.J Perez was ACTING Police Chief March 2016 until November 2018. About 2 1/2 years. Ganim appointed Perez as Acting Chief and waited 2 1/2 years. Obviously a violation of the City Charter. As Ron Mackey(etc al)
    have pointed out Dunn was Acting Personnel Director for something like 12 years. IMHO,Ganim will ignore the Charter,say absolutely nothing and Garcia will remain Acting Police Chief through JG3 because will do what Ganim and Testa will tell her to do.

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        1. Good morning Lisa. We are operating under a Charter. Lennie posted the language on the Charter pertaining to appointment of a Police Chief. The first part calls for selection from a list of three (3). I’ve never heard of such a list (like a vacancy waiting list) for chief of police. There’s a list kept for Police Sergeant and it has an expiration period. Normally, Charter requirements NEVER expires or are ruled nole and void. In this case you can see why the requirement would not work. Once an applicant is chosen from the list of three top finalists (the only list of 3 I know of), there’s just two (2) applicants left. This section of the Charter calls for a list of three (3). Even if the section calls for a list of 4, 5,6… it should have an expiration date. The applicants who would be on such a list are not going to wait too long for a vacancy.
          In a situation like this you go to or apply the next or applicable provision such as the second posted by Lennie. Imagine if there was no second provision. Either way, a national search must be conducted at some point.

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          1. Joel, civil service testing exams have a 2 year active list that starts after the first person is selected from the active hiring list.

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          2. Yes, Ron Mackey. I believe the Charter supersedes Civil Service rules. It’s confusing and technical.

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  4. I won’t go in to what motivates Joe Ganim but he did say things have to change in Bport and what greater change than actually following the charter.
    I know. You will ask why now? He didn’t have to do it before. How unfair!

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  5. It’s just like Trump. First he will get AG Barr aka Mark Anastasia to rule that this is unchartered water and because of COVID 19 he believes that he can include this under Gov Lamont’s Emergency Order.
    And if you don’t like it, sue the city!

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  6. And also, since the list it tainted by AJ Perez’s selection then the fruit of the tainted tree would suggest the entire list is tainted.
    Therefore there is no valid list.

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  7. Let me up on Frank Gyure post at 12:39 pm, the city for years have been violation of the City Charter in testing. Mayor Ganim with David Dunn as the “Acting” Personnel Director, they allowed AJ Perez with the police, Brain Rooney and Richard Thode with the fire department were all allowed to sit and take the exam for chief without having a college degree and all three were selected as chiefs. Mayor Ganim has yet call for a nationwide search for a new Personnel Director thereby violating the City Charter, David has been the “Acting” Personnel Director for 12 years, well how many other exams has David Dunn illegally given to help certain candidates and what legal action will be taken against testing companies like Randi Frank who comply to David Dunn’s illegal demands and did not report those direction.

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  8. The FBI and the City Council need to do an investigation into how Deputy Chief Fire Brain Rooney was appointed to be the Acting Fire Chief, then he was made “Provisional” Fire Chief and he remain the “Provisional” Fire Chief for years without David Dunn calling for a nationwide search for a new Fire Chief. Rooney was then allowed to retire as “Provisional” Fire Chief thereby making him eligible to receive a lifetime pension as the Fire Chief instead of leaving Rooney as the Acting Fire Chief and if he retire he would paid as a Deputy Fire Chief because that was his true rank. Rooney instead took the Fire Chief exam and he selected the Fire Chief thereby Rooney getting paid as the Fire Chief with his pension plus his pay as the new Fire Chief, thereby double dipping.

    Former Civil Service Director Ralph Jacobs, wrote a 7 page record documenting how Rooney had move from Deputy Chief to becoming the Fire Chief showing that he had nothing to do with the promotion. Mayor Finch ended up firing Mr. Jacobs but Jacobs took legal action against the City. By the way, David Dunn as working in the Labor Relation Office. The news article below puts a spot light on how on how politic gets into Civil Service.

    “Reasons behind civil service director’s firing a mystery”
    By Keila Torres, STAFF WRITER
    Published 8:44 pm EDT, Monday, August 31, 2009

    https://www.ctpost.com/news/article/Reason-for-Jacobs-firing-a-mystery-7119.php

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  9. Jose, in the interest of full disclosure I passed three promotions in the BFD. Now back to your absurd proclamation that the Chief’s exam is invalid because ya boy Pérez cheated with the assistance of Recently Arrested Acting Director of Civil Service David Dunn! Ludicrous! Casanova nor Captain Roderick Porter ever cheated so the exam isn’t invalid, just ya boy Pérez was eliminated because he cheated.

    I think it admirable that you would advocate for your sister by ethnicity, but she’s not the best candidate no matter how you try to change the narrative. She never took and passed the Assistant Chief’s exam and she never took the Chief’s exam and the only person in the BPD that took and passed the exam for Chief is Captain Roderick Porter. The fact is Rebeca Garcia was just given the position of Assistant Chief as well as that of Chief of the BPD without the benefit of testing. Captain Roderick Porter is the most qualified person on the BPD to be Chief! Mayor Ganim has shown time and time again that his judgment can’t be trusted so one must wonder what is he hoping to accomplish by the appointment? Could it be to hold onto the Latino voters which appears to be his last vestige to power because the white voters have already abandoned him and the last mayoral election showed that the Black community is finally walking away from him. Hummm…

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