The Middletown Press (Middletown, CT)
Fired cops can still get new job
Experts: Many police officers keep certification even after dismissal
A review process is launched whenever police officers are fired, but in most cases, it does not mean they will lose their certification, law enforcement experts say.
In most instances, the officer will have violated the department’s ethics code or standards of conduct, but the offense won’t rise to the level of revoking certification. This means officers are generally able to start working at another department — as was the case with a member of the Shelton department who was fired last year and then was hired this month in Fairfield.
An officer generally loses certification if the person is convicted of a felony or lied in a case, law enforcement experts said.
“Once a cop lies, and is known to lie, they can’t be a cop anymore,” said John DeCarlo, a criminal justice professor at the University New Haven, who is also a retired police chief.
But some changes are already being considered to increase the criteria for removing an officer’s certification — including conduct undermining public confidence in law enforcement or excessive force — and some say the list can be expanded even more.
For DeCarlo, this includes creating more uniformity across a very diverse profession.
“Policing in the U.S. is so granular and so local,” he said.
There are about 18,500 police departments nationwide, including 102 in Connecticut — each of which is generally overseen and funded by the municipality it serves. This means each board or commission could have its own hiring and firing practices for their department.
“There’s a lot of different interpretation nationally on how that’s done,” DeCarlo said, adding there’s been discussion about creating a national decertification board.
“Once a cop lies, and is known to lie, they can’t be a cop anymore.”
John DeCarlo, criminal justice professor at the University New Haven and a retired police chief
How does an officer lose certification?
Certification is overseen by the Police Officers Standards and Training Council,
a division of the state Department of Emergency Services and Public Protection. It also oversees police officers’ training, as well as a mandatory police department accreditation program.
While POST has its own staff to oversee various aspects of the organization’s duties, there is also an appointed council comprised of police chiefs, town administrators, a faculty member from the University of Connecticut, the chief state’s attorney and members of the public.
Departments are required to report to POST within 10 days of firing an officer.
A chief law enforcement officer can request for an officer’s certification to be revoked. The requests must be done in writing, signed and state “in reasonable detail” why it should be considered, according to POST’s regulations.
A preliminary inquiry is then conducted if the council believes there is enough basis for the certification to be pulled. If the council finds there is probable cause after this inquiry, the officer is notified and can either surrender his or her certification or request a hearing. If there’s no hearing, the executive director will conduct an investigation and complete a written report.
The council will then vote, with at least two-thirds needed to revoke the officer’s certification.
“Termination may or may not affect the officers’ certification,” said Karen Boisvert, the Police Academy administrator who also oversees POST. “POST must follow (Connecticut General Statutes) and regulation, which governs the certification, recertification or decertification requirements for the certification process.”
In 2020, only one Connecticut officer lost certification, according to a database maintained by POST. Officers generally lose their certification if they are convicted of a felony, as was the case last year with a member of the Hartford Police Department.
Changes in new police bill
Some changes are already included in last summer’s police accountability bill.
“The bill expands these grounds to include conduct undermining public confidence in law enforcement or excessive force,” it reads. “In both cases, the law enforcement unit, under its procedures, must have found that the officer engaged in this conduct. In cases of undermining public confidence, the unit must have considered any POST guidance.”
The first part includes discriminatory conduct, falsifying reports, or racial profiling in violation of state law.
“In its evaluation, POST must consider conduct the holder undertook in a law enforcement capacity or when representing himself or herself as a police officer to be more serious than conduct in other circumstances,” according to the bill.
The excessive force expansion builds on the existing law that already allowed
POST to cancel or revoke certification if the officer improperly used a firearm that resulted in someone else’s death or serious injury.
“Under the bill, POST may also cancel or revoke an officer’s certification if the officer used excessive force or physical force found to be unjustified after investigation under the law’s standards for police use of force,” it reads.
DeCarlo said more needs to be done regarding certification during the hiring and training process that goes beyond the punitive approach included in certain parts of the bill. But, he said, “these are all moves in the right direction.”
DeCarlo said there are about 9,000 police officers in Connecticut and there is an annual 10 percent attrition rate. Each community looks different, ranging from small towns in rural parts of the state to bigger cities.
“That’s a lot of people that have to be trained by a system that’s so granular and diverse,” he said.
From Shelton to Fairfield
Dan Loris was sworn in as a Fairfield police officer on Jan. 4, just months after he was fired in Shelton.
“I’m not opposed to him getting another job, but when they make the comment that they did a stringent and rigorous background check, I really have to call that into question especially when the standards for police officers are so high today and the statutes are very demanding,” Shelton Mayor Mark Lauretti
said.
Loris was fired from the Shelton department, according to Chief Shawn Sequeira, on allegations of ethics and sexual harassment violations and misconduct while on duty.
Loris’ termination resulted from an internal affairs investigation into alleged photos of officers changing their clothes in the department parking lot that were posted on social media in July.
Loris filed a grievance, which is still pending.
Fairfield Police Commission Chairman James Millington said the department conducts a comprehensive background check on all new hires and lateral transfers. The Police Commission then reviews the background information and interviews the candidates.
“The Fairfield Police Department prides itself on its dedication and commitment to maintaining a safe community and, as such, employs strict hiring standards, which apply to all applicants,” he said.
Fired officers can seek a lateral transfer at a different department and retain their certification as long as the previous employer doesn’t claim they committed acts that rose to the level of “malfeasance,” Millington said.
“In such cases, the department and commission fully review the facts and circumstances surrounding any incidents the officer is alleged to have been involved in,” he said.
He said this process was followed for Loris, who was named the Connecticut Law Enforcement Officer of the
Year last summer by the Connecticut Department of the American Legion.
Each year, the American Legion gives its National Law Enforcement Officer of the Year Award to a wellrounded law enforcement officer who has exceeded the duty requirements expected of his or her position and has demonstrated a distinct pattern of community service coupled with professional achievement, according to the organization.
“The administration and
commission reviewed the incident he was involved in, reviewed his full employment records and performed an extensive background investigation,” Millington said. “The department administration and Police Commission members determined that Officer Loris is an exceptional individual whom has nothing in his background that would exclude him from being hired.”