The hearing was a Loudermill hearing, which is a required hearing whenever a public official is terminated. The hearing was an opportunity for McMahon to present his side of the circumstances which have led Drew to fire him.
Drew has said that his action is based on the results of an investigation led by Eric Daigle, who has been paid about $10,000 for his investigation on behalf of the city. The Daigle report listed three violations of Middletown Police Department rules committed by McMahon: untruthfulness, use of intoxicants, and conduct unbecoming. In addition, it accused McMahon of having issued direct threats of retaliation, providing false information to the Middletown Press, and insubordination.
In his letter to McMahon informing him of the Loudermill hearing, Drew wrote:
In a Press Conference on October 17, 2011, it appears that you threatened City Employees by stating that you look forward to serving your suspension, and "I'll be looking to [address] those who have falsely accused me." You are also quoted (in the October 18, 2011 Middletown Patch) stating "I look forward to an independent, objective, and timely investigation to clear my name and to hold those accountable who have made knowingly false accusations." It appears that this was a direct threat of retaliation against the witnesses who reported your misconduct and is in fact the most egregious of your offenses.
McMahon read a 15 page statement to the mayor, attempting to refute each of the findings in the Daigle report. In his opening statement, he protested that he was not being given a fair hearing, "It appears that you have already made up your mind, and this hearing is nothing more than a 'kangaroo court.'"
McMahon further railed against his treatment, "I will say that having read Daigle's report, I am now fully able to grasp the depth of treachery and deceit that that [sic] I believe permeates Middletown City Government as well as the police department administration with regards to me." He singled out Deputy Chief William McKenna, now serving as acting chief, claiming that McKenna had socialized with Daigle, and that this presented a possible conflict of interest.
Drew was not moved by McMahon's statement. After the hearing, Leon Rosenblatt, McMahon's attorney, said that Drew waited only a few seconds after McMahon finished reading before informing McMahon that he would be terminated.
McMahon is currently suing the city over his removal as Acting Chief, and is widely expected to sue the city over his termination. In a press conference after the hearing, Drew said, "I will not be cowed from doing the right thing by a threat of litigation."
14 comments:
I agree with the termination, however the threats of retaliation are unfounded and make Mayor Drew look foolish. No one in their right mind would incriminate themselves to the Press if asked to comment about an investigation, and calling this into question is silly and a low blow by Mayor Drew. All the chief said was he will seek out whomever made the initial allegations to clear his name. How is that in anyway a threat? Would anyone else not do the same? The whole role the Press played in this as a Gestapo like organization during this debacle leaves a bad taste in my mouth. I signed the petition to have the Chief nomination stick & helped to gather other signatures, and do not regret my decision at the time whatsoever. McMahon did good things for Middletown, but made unfortunate decisions no one could foresee. Drew promised an end to spending as part of his campaign and has done nothing but the opposite since in office, his inaction regarding other employees such as Frechette & Haynes whom have done far worse is an example.
Who says one has to be truthful when speaking to the Middletown Press? Since when are they at all truthful themselves when reporting or quoting people? Why should the Press be judge and jury?
"I look forward to an independent, objective, and timely investigation to clear my name and to hold those accountable who have made knowingly false accusations."
"I'll be looking to [address] those who have falsely accused me."
I agree with Anon 12:40, I cannot for the life of me interpret these two statements as threats of retaliation. These are both standard statements used by every single public figure when accused, but not yet proven, of wrongdoing.
While I feel the termination is justified, I cannot imagine a court agreeing that the above quotes qualify as threats of retaliation.
Anyone know anything about the rumors that the current 'acting' chief has a record of a felony convictions?
Just saying......
I just hope that they are now going to hold the entire PD to the same standard. You see police in bars all the time (Eli's, anyone?) and I guarantee they have their guns. I don't mind holding the police to this standard, I just hope it's going to be enforced across the board.
Agree, tit for tat. All members of the PD should be treated the same. Check out the other resturants. Don't shut your eyes and ears Mr. Danny boy to your Police friends. We know who's controlling you.
This is being done now to distract form the Democratic Common Council extraction of the $861,000 from the BOE. Since Mr. Drew was on the council who sought and utilized these funds to cover their poor budgeting skills.
What 'threat'? Anyone would do the same thing to vindicate themselves...seek out those who made the allegations. Watch, by th end of his two years as mayor, he will have run this town off a cliff. Needs to get more life experiences under his belt.
"No one in their right mind " Aye, there's the rub.
Anon at 4:27:
On several occasions McMahon was at a bar drinking with both his gun and his badge displayed. I have often seen police (off duty, in civilian clothes) in a bar or restaurant having a drink. I have never seen any other police officer at a bar drinking while wearing a badge and carrying an unconcealed gun.
Drinking while wearing a badge is just plain stupid. Drinking while wearing a badge and carrying an unconcealed weapon is lunacy.
Eye, please investigate WHY on earth we the taxpayers are paying the legal fees for Nancy Haynes defense against her criminal charges of slapping someone at work? Good grief!
Re: Police in Bars.
As a drunkard about town, I often see on-duty officers in the local bars.
I have _never_ seen a single on of them take an alcoholic drink. Instead, they are doing a good job of walking the beat, checking the crowds, and asking after the bartenders and staff.
Have I seen them drink in a bar? Yes, I have seen them drink water.
Frankly, I'm happy to see men in uniform take a quick stop into local businesses on a Friday night.
It may be lunacy, but it happens all the time.
I agree with McMahon being fired but something does not appear right at the Middletown Police Dept. I read McMahon's statement that he gave Mayor Drew and it seems like the current Acting Chief William McKenna wanted McMahon out so he could have his job as Acting Chief and eventually be the city's permanent chief. Why did he and other witnesses wait 2 years to bring up McMahon's drinking at a bar in 2009? The rank & file members of the Middletown Police Dept. have a history of trying to get rid of the Chief of Police. They did it to Brymer in 2006 and tried to do it to George Aylard many times. The Police Union gave a vote of no confidence to Aylard & Brymer and declined to endorse McMahon in the Police Chief Referendum last November. The Middletown Police Union likes to show that they are in control of the department and the not the Chief of Police. Whoever becomes the permanent Chief of Police should be mindful of what the Police Union does and what they did to the former police chiefs. They like to be in control.
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