Suit challenging assistant chief pick continued
BRIDGEPORT — The trial of a lawsuit challenging the selection of Rebeca Garcia as the Police Department’s assistant chief has been continued for a second time.
Superior Court Judge Barry Stevens on Tuesday granted a motion by the city to continue the trial to April 29 after the federal sentencings of the trial’s two star witnesses, former Police Chief Armando Perez and former Personnel Director David Dunn, were continued until April 11 and 12, respectively.
Perez and Dunn are facing prison terms after they earlier pleaded guilty in federal court to conspiring to rig the examination process that made Perez chief and lying to the FBI about it. They were originally scheduled to be sentenced this month but requested continuances.
Stevens had previously continued the trial from January to March to allow Perez and Dunn to be available to testify.
Deputy City Attorney John Bohannon Jr. told Judge Stevens that he had spoken to the lawyers for Perez and Dunn and they had indicated that their clients desire to participate in the defense of this action, but “both lawyers emphasized their professional preference and desire to maintain the status quo through conclusion of the sentencing process.”
Bohannon declined comment on Stevens’ decision.
The suit was filed in December by captains Brian Fitzgerald, Steven Lougal and Roderick Porter. They claim that the appointment of Garcia to assistant chief is “unlawful and invalid.” She was made acting police chief following Perez’s arrest.
The lawsuit states that under the city charter the position of assistant chief is considered a classified service and must follow the competitive hiring provisions of the charter starting with a list of people eligible for the position and the scheduling of a competitive test for the job.
“The plaintiffs possess qualifications, in the least, equal to those of Captain Rebecca (sic) Garcia, and, under the City Charter must be allowed to compete for the position of assistant police chief, unless legitimately disqualified,” the suit states.
Thomas Bucci, who represents the three captains in the lawsuit, declined comment on the continuance.
But in an objection filed in court, he argued there is no legal basis for Dunn and/or Perez to refuse to testify in the trial of this matter.
“The issues involved in this case are separate and distinct from the issues that gave rise to their guilty pleas for which they are awaiting sentencing,” Bucci stated.