Mayor Capone Steps Aside As 'Gallo' Hearing Officer; Thursday's Hearing Postponed

Mayor April Capone announced today she would step aside and not serve as the hearing officer for a disciplinary hearing concerning charges against on-leave Police Chief Leonard Gallo.

Lawyers for the town and the embattled police chief met in chambers with Superior Court Judge Angela Robinson Tuesday morning concerning Gallo’s motion for a temporary injunction to block Capone from serving as the hearing officer. Last week, the Police Commission unanimously voted to ask Capone to discipline Gallo on a number of charges, including destruction of police records and not having critical policies in place.

Gallo’s attorney, Frank Kolb Jr., asked the court to order the appointment of an independent hearing officer instead.

"The thrust of our filing was to remove the mayor as the hearing officer," Kolb said in a telephone interview.

He accused Capone of trying to act as judge, jury and prosecutor, and predicted Gallo would win the disciplinary hearing if it had an independent hearing officer. "We welcome the hearing," he said.

The disciplinary hearing was scheduled to be held on June 23 in the Hagaman Memorial Library. It has been postponed because of Capone’s decision.

Mayor Capone issued this statement:

"While I firmly believe that I can act in an independent manner as the Hearing Officer, I have elected to step aside to allow the Court to be the decision-maker in this process.

"It is clear to me, from the paperwork he has submitted that Mr. Gallo is intent on drawing this process out and unfairly shifting the emphasis over several months from the real issues that deserve to be tried, to me. That would not serve the taxpayers of the Town of East Haven.

"I am committed to having Mr. Gallo’s ultimate status determined as soon as possible and to having the issues surrounding the charges leveled against him heard. Permit me to re-visit my Statement from last week:

"Mr. Gallo is to be afforded all the process that is due to him under the law, I am confident that the judicial process contemplated will afford fairness to all parties.

"There will be no further comment on this matter by me or by my Administration, as it remains a personnel matter."

The issue has been roiled in political charges since Gallo was suspended in April 2010, with pay, on allegations that he failed to update and administer departmental policies and procedures, including use of force.

The charges came from a Police Executive Research Forum report of the police department following charges of federal civil rights violations filed against East Haven officers and the department.

But Kolb charged that the real reason for the disciplinary actions against the police chief were political. He said he believes Capone promised the chief’s job to a political supporter.

If Gallo’s loses the disciplinary hearing, he could be reprimanded or fired.

But without disciplinary cause, Kolb said state law prevents the mayor from firing the police chief, who has an indefinite term of office once he is appointed.

Kolb said the two sides appeared before Judge Robinson to set a date for a hearing on Gallo’s motion to remove the mayor as hearing officer and appoint an independent hearing officer in her place.

He said Town Attorney Patricia Cofrancesco waited until meeting him in Judge Robinson’s chambers before announcing Capone’s decision to step down.