CRANSTON, R.I. — Police Capt. Todd Patalano, accused of doctoring statistics regarding complaints of misconduct against police officers, has returned to duty after nearly two years on suspension.
He is back, even though he remains charged with misconduct himself by the Police Department.
Patalano was paid a salary throughout his leave of absence, raising eyebrows on the City Council. Council members say they want to know about the handling of his case by the administration of Mayor Allan W. Fung, and how much the case has cost taxpayers so far.
“He was absolutely thrilled to get back to work,” said his lawyer, Joseph F. Penza Jr. “Anyone who knows Captain Patalano knows that he is a workaholic. The last two years, he’s been dying to get back to work.”
Patalano’s return three days before the mayor put Police Chief Marco Palombo Jr. on an unexplained paid leave of absence is, for the time being at least, a reversal of fortune for the two policemen. It was Palombo who brought the charge against Patalano.
City payroll records show that while he was in exile, Patalano was paid $98,626 in 2012 and $99,368 in 2013.
Council President John E. Lanni Jr. said Friday that he is asking the Fung administration for a full accounting of what it has cost to pursue charges against Patalano and why the case has been handled the way it has.
Asked about that inquiry and Patalano’s reinstatement, Fung spokesman Carlos E. Lopez replied, “We are not at liberty to discuss any personnel matters that are pending.”
Patalano was recalled to duty on Jan. 6 and put in charge of the Training Division, one of six divisions in the Police Department, according to the number-two officer in the department, Maj. Robert W. Ryan.
The acting head of the department in Palombo’s absence is state police Capt. Kevin Barry. Another state police captain, Benjamin Barney, has been assigned to lead an investigation of a scandal involving the issuing of parking tickets in two wards, allegedly in retaliation for votes against a proposed police labor contract by the councilmen who represent those wards.
Patalano referred questions to Penza, who declined to say why his client has been reinstated although the charges are still lodged against him.
“We’ve been trying to get him back to work for a very, very long period of time,” Penza said. “There was an active effort to resolve the charges. … We were very close, but things have come to a screeching halt.” He declined to say more.
The case pertains to the investigation of complaints against police officers and related record-keeping.
An audit commissioned by Palombo in 2011 allegedly showed that some complaints were being put aside improperly without investigation and not publicly acknowledged. That allegedly allowed the department to pretend that there were fewer complaints than there were.
The activity in question mostly occurred when Stephen C. McGrath was police chief. McGrath said in 2011 that complaints were properly documented and that his administration acted professionally.
The Patalano case has been a cause of consternation among the department rank and file, according to Joseph J. Rodio, lawyer for the police labor union.
“It was ripping the department apart,” Rodio said. “Officers in the department don’t want to see anyone kept on hold” indefinitely.
Ryan declined to discuss Rodio’s comments or other aspects of Patalano’s status.
“It is a pending personnel matter covered by the Law Enforcement Officers’ Bill of Rights, so I cannot comment,” Ryan said Friday. The bill of rights statute constrains public comment by an agency that employs an officer charged with misconduct.
During the time of his alleged misconduct, Patalano was in command of the department’s Office of Professional Standards, the division responsible for policing the behavior of department members. To represent him, Patalano hired Penza, a man who had been his adversary when Patalano was pursuing errant officers.
“He was the most thorough internal affairs officer that I ever came across, and as straightforward as can be,” Penza said. “I always respected him when he was on the other side.”
Patalano went out on paid leave in February 2012, according to Penza. He had been in a trial-like hearing of the charges that continued for 14 sessions, until the hearing was recessed in late 2011 and mysteriously not resumed.
Even at that point, the prosecution had not rested its case, according to Penza. He declined to discuss the reason for the recess.
Under the bill of rights, an officer subject to discipline generally is entitled to a hearing by a three-member committee. The officer appoints one member, the chief appoints a member, and together they agree on a third, neutral member.
Patalano, who is in his 40s and is married with two young sons, has been on the police force for about 18 years.
“He is very well-respected in the law-enforcement arena,” Penza said. “People simply were aghast that any type of disciplinary action had even been contemplated against him.”
When the multipart hearing was convened at different sites, Penza said, people in law enforcement who happened to encounter him and Patalano jumped to the conclusion that Patalano was present as the neutral member of a bill-of-rights committee.
“They thought he was joking” when he said that he was the one under suspicion, Penza said.
He is back, even though he remains charged with misconduct himself by the Police Department.
Patalano was paid a salary throughout his leave of absence, raising eyebrows on the City Council. Council members say they want to know about the handling of his case by the administration of Mayor Allan W. Fung, and how much the case has cost taxpayers so far.
“He was absolutely thrilled to get back to work,” said his lawyer, Joseph F. Penza Jr. “Anyone who knows Captain Patalano knows that he is a workaholic. The last two years, he’s been dying to get back to work.”
Patalano’s return three days before the mayor put Police Chief Marco Palombo Jr. on an unexplained paid leave of absence is, for the time being at least, a reversal of fortune for the two policemen. It was Palombo who brought the charge against Patalano.
City payroll records show that while he was in exile, Patalano was paid $98,626 in 2012 and $99,368 in 2013.
Council President John E. Lanni Jr. said Friday that he is asking the Fung administration for a full accounting of what it has cost to pursue charges against Patalano and why the case has been handled the way it has.
Asked about that inquiry and Patalano’s reinstatement, Fung spokesman Carlos E. Lopez replied, “We are not at liberty to discuss any personnel matters that are pending.”
Patalano was recalled to duty on Jan. 6 and put in charge of the Training Division, one of six divisions in the Police Department, according to the number-two officer in the department, Maj. Robert W. Ryan.
The acting head of the department in Palombo’s absence is state police Capt. Kevin Barry. Another state police captain, Benjamin Barney, has been assigned to lead an investigation of a scandal involving the issuing of parking tickets in two wards, allegedly in retaliation for votes against a proposed police labor contract by the councilmen who represent those wards.
Patalano referred questions to Penza, who declined to say why his client has been reinstated although the charges are still lodged against him.
“We’ve been trying to get him back to work for a very, very long period of time,” Penza said. “There was an active effort to resolve the charges. … We were very close, but things have come to a screeching halt.” He declined to say more.
The case pertains to the investigation of complaints against police officers and related record-keeping.
An audit commissioned by Palombo in 2011 allegedly showed that some complaints were being put aside improperly without investigation and not publicly acknowledged. That allegedly allowed the department to pretend that there were fewer complaints than there were.
The activity in question mostly occurred when Stephen C. McGrath was police chief. McGrath said in 2011 that complaints were properly documented and that his administration acted professionally.
The Patalano case has been a cause of consternation among the department rank and file, according to Joseph J. Rodio, lawyer for the police labor union.
“It was ripping the department apart,” Rodio said. “Officers in the department don’t want to see anyone kept on hold” indefinitely.
Ryan declined to discuss Rodio’s comments or other aspects of Patalano’s status.
“It is a pending personnel matter covered by the Law Enforcement Officers’ Bill of Rights, so I cannot comment,” Ryan said Friday. The bill of rights statute constrains public comment by an agency that employs an officer charged with misconduct.
During the time of his alleged misconduct, Patalano was in command of the department’s Office of Professional Standards, the division responsible for policing the behavior of department members. To represent him, Patalano hired Penza, a man who had been his adversary when Patalano was pursuing errant officers.
“He was the most thorough internal affairs officer that I ever came across, and as straightforward as can be,” Penza said. “I always respected him when he was on the other side.”
Patalano went out on paid leave in February 2012, according to Penza. He had been in a trial-like hearing of the charges that continued for 14 sessions, until the hearing was recessed in late 2011 and mysteriously not resumed.
Even at that point, the prosecution had not rested its case, according to Penza. He declined to discuss the reason for the recess.
Under the bill of rights, an officer subject to discipline generally is entitled to a hearing by a three-member committee. The officer appoints one member, the chief appoints a member, and together they agree on a third, neutral member.
Patalano, who is in his 40s and is married with two young sons, has been on the police force for about 18 years.
“He is very well-respected in the law-enforcement arena,” Penza said. “People simply were aghast that any type of disciplinary action had even been contemplated against him.”
When the multipart hearing was convened at different sites, Penza said, people in law enforcement who happened to encounter him and Patalano jumped to the conclusion that Patalano was present as the neutral member of a bill-of-rights committee.
“They thought he was joking” when he said that he was the one under suspicion, Penza said.
