The Register Citizen (Torrington, CT)
Court sides with Bass in police chief suit
NEW MILFORD — The Connecticut Superior Court handed down a decision in favor of New Milford mayor Pete Bass and the town last week, bringing a possible end to the 2019 lawsuit from former police chief Shawn Boyne which accused Bass of leading the former chief to believe his contract would be renewed, only to have his application passed over.
Boyne’s lawyer, Andrew Houlding, said they were disappointed but have not yet decided whether they are going to appeal the decision. “We do think Shawn was treated badly, but I think we may have to accept the judge’s determination and move on. I think that’s maybe the most appropriate course, but we haven’t made a final decision,” Houlding said.
Boyne’s lawsuit brought forward two claims related to the decision not to renew his employment contract— one for breach of the covenant of good faith and fair dealing, and another of promissory estoppel, which suggests that a promise can be enforceable by law if there is a “clear and definite promise” that a promisor makes and a promisee relies on. Yet, both of Boyne’s claims were unable to stand up in court, and the judge ruled in favor of the defendants. Boyne previously served as New Milford police chief for eight years.
Bass said he was pleased with the outcome and appreciated the judge’s “steadfast decision to clear myself and the town of New Milford.”
The original complaint filed in March of 2019 says that in the early summer of 2018, Boyne was made
“We do think Shawn was treated badly, but I think we may have to accept the judge’s determination and move on.” Andrew Houlding, former police chief Shawn Boyne’s lawyer
aware of allegations of “criminal activity” made against Lt. Larry Ash, which he reported for internal investigation. In July, Boyne learned of further allegations, leading him to place Ash on administrative leave. At this point, Boyne alleged that Bass, who he claimed was a “longtime friend of Ash,” “expressed dismay and displeasure” at the fact that Boyne had reported the allegations. And approximately 10 days after Boyne reported the information, Bass informed Boyne his contract would not be renewed for another term.
Boyne claims Bass told him this decision was made because he wanted a police chief who resided in New Milford, despite the fact the job opening was posted the following day without this stipulation listed. The town then passed over Boyne’s application and hired Spencer Cerruto, a Torrington resident.
The lawsuit claims that “the defendants declined, in bad faith, to extend and renew the plaintiff ’s contract as chief, based on Bass’s desire to protect the lieutenant” and that the residency requirement was “concocted... as a pretext for his bad faith.”
An FBI investigation into the allegations made against Ash, as well as the state attorney’s office’s own review, found no criminal wrongdoing on Ash’s part, and the second-generation, then-longest-serving member of the force, was reinstated in January of 2019. In June of that same year, Ash was promoted to captain before retiring a week later.
However, a Connecticut State Police report published shortly after Ash’s retirement and obtained by Hearst Connecticut Media Group found evidence to support three allegations of ethical wrongdoing by the former captain. The report says that Ash failed to follow through on a local forgery investigation in exchange for a gas grill, and that he tipped off the suspects in a drug investigation. Although he admitted to receiving the grill, Ash said he was just loaning it and that the grill held no value because a critical piece of machinery was missing.
Under Connecticut State law, one has to meet three criteria in order to prove that a covenant of good faith was broken: both parties have to participate in a contract in which one party expects to receive certain benefits, the other party has to have done something to hurt or halt those benefits, and the actions stopping those benefits must be executed in “bad faith.” The court found that Boyne had not entered into a new contract, and there was nothing in his previous contract that suggested it would be renewed, despite Boyne’s claims that Bass allegedly gave verbal signals that it would be. The existing four-year contract, the decision says, was “simple, straightforward, and unambiguous,” clearly setting out the terms and limits of Boyne’s employment.
“Actionable bad faith cannot arise in a vacuum,” the decision states. “As tomorrow is promised to no man or woman, so, too, the 2014-18 contract did not promise the plaintiff employment at any time after it expired.”
Claims of promissory estoppel did not hold up either. The court also found that, under the town charter, this type of appointment requires approval from the Town Council, and as such, Bass lacked the authority to enter into a contract with Boyne without the vote of the council. “The plaintiff clearly knew that the mayor’s sayso, even assuming it was given, was not binding, absent a majority vote,” the decision states.
If Boyne does appeal, which they must do within 20 days of this decision, the suit will move to the Connecticut Appellate Court.
Bass is not concerned about an appeal. “We will continue to tackle it head-on from there,” the mayor said of the possibility of future litigation.