Civil Service Denies Waiver For Pittsfield Police Chief
PITTSFIELD, Mass. — The state has denied a waiver to allow Michael Wynn to be appointed as the permanent chief of police.
Wynn has been serving as chief in an acting capacity since 2009 when he was appointed to the position by former Mayor James Ruberto. Earlier this year, Mayor Linda Tyer sought a waiver from the Civil Service requirements to make Wynn the chief on a more permanent basis.
"Clearly the issue is settled in terms of our ability to appeal administratively," Tyer said on Tuesday night.
Tyer said the appeal did find out exactly what the chief's "professional standing" is among Civil Service and the state's view of the circumstances.
The mayor previously said the pursuit of a waiver was "correcting an injustice," saying Wynn should have had the job in 2009 when his test scores topped the list of eligible candidates.
However, the state denied the waiver last week saying the request isn't timely and that the appointment now could cause the appearance of unethical behavior because Wynn's wife had worked for Tyer's election campaign. A letter issuing the decision was released from Civil Service Commission Chairman Christopher Bowman on Thursday.
The decision from the commission rules that Wynn had actually been on the job since 2007 when he was appointed "captain in charge." In January 2009, he was appointed acting chief and went through the Civil Service process for candidacy for permanent appointment. He topped the candidate list, which consisted of just two — he and Lt. Jeffrey Bradford — but the mayor didn't permanently appoint him.
Now, Civil Service rejects the argument that the move harmed Wynn because he hadn't filed an appeal at the time.
"If Mr. Wynn believed he was harmed by the city's failure to consider him for promotion to the position of permanent Police Chief, he has at least seven years to file an appeal with the Commission. He failed to do so until joining the city's request until 2016," Bowman wrote.
"Mr. Wynn stated at the pre-hearing conference that he contacted [state's Human Resources Division] sometime in 2009 inquiring about filing an appeal; and he was advised that he could file an appeal but there would be no remedy available to him. Even accepting that his conversation occurred, it only establishes that as early as 2009 Mr. Wynn believed he was aggrieved and chose not to file an appeal with the Commission."
Essentially, the commission believes that Wynn had an "obligation" to file an appeal if he had felt wronged.
Even if he had, however, that likely wouldn't have changed anything. The letter continues to read that cities have the option of appointing on a provisional basis if there is no list or a "short list," as was the case when only two candidates were available in 2009. The city hadn't broken any laws by appointing him only on a provisional basis.
"Second, even if the request was timely, it could not be shown that the City violated the civil service law by failing to promote Mr. Wynn as the permanent Police Chief," the decision states.
That appeal would likely have led only to whether or not the city should call for another examination. The commission concludes that in 2009, others who wanted to take the exam would have been "aggrieved."
Bowman wrote that he had concerns about the appearance of Wynn now being appointed police chief, after the prior two administrations hadn't requested to do so, because of his wife's role in the campaign. She was his fiancee at the time of the request for a waiver.
"I did not learn until after the pre-hearing conference regarding this matter that Mr. Wynn's fiancee was a member of the campaign organization of the city's current mayor, who is jointly requesting this relief here. While there is no evidence to show that the city's decision to seek the retroactive appointment of Mr. Wynn as permanent police chief is motivated by undisclosed personal or political reasons, I am concerned about the appearance it would create," Bowman wrote.
Tyer said she "can understand them raising it. I can understand there could be a perception." But, she completely rejects the suggestion that it somehow makes Wynn unqualified for the job.
"I reject the suggestion that he is not qualfied. Chief Wynn is a highly trained law enforcement executive," Tyer said.
The decision sides with the Police Supervisory and Patrolman's unions, which opposed the appointment. In June, the two union presidents jointly issued a letter opposing the plan to appoint Wynn, saying it was working around the Civil Service system — a system crafted to "prevent the abuse of position and influence which has been long documented as occurring during periods without it."
"While this department has been without a permanent chief for over eight years, we are both opposed to and disappointed in the manner in which [Tyer] intends to make such an appointment," the letter reads. "Over the past 25 plus years, the position of police chief in this city has been used as a political football. Many still remember the nightmare before Gerald Lee was finally appointed chief in 1992. In late 2007, when then chief Anthony Riello left our department, Michael Wynn was appointed acting chief, the game resumed again and continues to this day."
The unions say there are several candidates within the department interested in taking the exam and going for the position. By granting a waiver, those officers would be denied that opportunity, the unions contend.
Bowman called for a Civil Service examination for police chief. Tyer says she is currently weighing the options, one of which could include using assessment centers.
"The city of Pittsfield has not taken advantage of using assessment centers for high ranking officers in the Police Department," Tyer said.
The use of the entire Civil Service process for picking chiefs has been somewhat of a battle for years. Under the prior administration of Daniel Bianchi, a Civil Service task force had looked into ending the system. The task force, appointed by Bianchi and including representatives from the two police and one fire union, was split. The union representatives voted to stay within Civil Service while the rest voted to craft a new system.
Bianchi had been a vocal opponent of the system, saying it was inefficient and continued to oppose up until he left office. Two officers even filed lawsuits against the city, claiming the Bianchi administration denied promotions. Bianchi was unable to get the city to move away from the system.
Tyer has voiced support for Civil Service, the first mayor to do so in more than a decade. She said the request for a waiver was to follow the Civil Service process by permanently hiring Wynn, which she feels should have been done in 2007.
"It feels to me like Chief Wynn has been asked year after year after year to lead the law enforcement agency in our city and he's done it well. He should have received the appointment in 2007. He was on top of the list. He was the No. 1 candidate," Tyer said in June when she applied for the waiver.
Meanwhile, Fire Chief Robert Czerwinski remains on the job on an acting basis as well. In June, Tyer said she was focused on getting the police position taken care of first and then moving onto the Fire Department.
On Tuesday, Tyer echoed her sentiment that her public safety focus is almost entirely on the Police Department and will remain committed to strengthening the department.
"Law enforcement is still my priority," Tyer said.
Civil Service Denial of Waiver by iBerkshires.com on Scribd
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