New Legislation in Connecticut Targets Police

By Anne White

Greenwich’s police force faces new challenges if proposed state legislation passes. According to police officers, in its current form the legislation would result in an exodus from the force throughout Connecticut. Some estimates are that up to 40 percent of Connecticut’s police officers would be unable or unwilling to remain.

A bill proposed by the Democratic leadership in Hartford that quickly made its way through the Connecticut state legislature titled “LCO no. 3471 – An Act Concerning Police Accountability,” makes numerous changes to existing law regarding police oversight and personal liability.

According to sources, homeowners and individuals requiring police assistance may find the remaining officers less willing, or even unwilling, to intervene because the proposed law would make them personally liable and vulnerable to being sued. This would mean police officers could lose everything they and their families own unless they have purchased a new kind of personal liability insurance to protect themselves.

The past, present and future presidents of the Connecticut Police Chiefs Association (CPCA) have unanimously voiced their objections to the provision in the bill which removes “qualified immunity.” Qualified immunity is partial protection from lawsuits for incidents related to an officer carrying out his professional responsibilities. If, for instance, an officer pulls over a car for reckless driving and the subsequent ticket is thrown out in court, then the driver can sue the officer for damages.

The CPCA wrote to the CT Legislative Judicial Committee unanimously opposing the removal of qualified immunity. In the letter they said that, “the loss of qualified immunity will destroy our ability to recruit, higher, and retain qualified police officers both now and in the foreseeable future.”

The CPCA wrote that they are also very concerned about losing current personnel at a rate they would be unable to replace, which would also make it almost impossible to achieve minority recruitment levels called for in the same bill.

“New police officers,” they point out, “like many others, have very little in assets when they are hired for their first career jobs.” 

Estimates for the cost of the individual personal liability insurance that would be required are approximately twenty percent of the average first year salary for a police officer. 

The CPCA voiced concerns in the letter that, “the threat of losing assets including their vehicles, their houses, or future assets, does not encourage people to seek a career as a police officer. We believe that the negative impact will be felt by the police officers and the public almost immediately.”

Greenwich Police Chief James Heavey said he “agrees with this assessment of the serious concern over qualified immunity.”

Many opponents of the bill believe that the powerful CT Trial Lawyers Association lobby is pushing for the legislation to pass because lawsuits against towns and police officers would likely increase significantly, costing taxpayers millions in settlements.

Some local officers did confirm that they will not be able to afford the personal insurance premium payment and they would have to leave the police force. 

In addition, there are changes to the law in the proposed legislation which would now disallow the use of decommissioned military equipment by municipal police forces. This most often includes protective gear like bullet proof vests, life vests, and other protective equipment as well as search and rescue equipment. This equipment would now be disallowed to municipalities, including Greenwich, which would have to go without it or increase the local police department budget to cover the cost.

Further changes to the law in the proposed legislation also call for a revamped oversight body which includes convicted criminals, among others, who would be responsible for evaluating state and municipal police training, certification, and on the job actions. As drafted, it would not include any victims of crimes.

The Judiciary Committee, of which Greenwich’s Senator Alex Kasser (D-36) is the Vice Chairman, held a 12-hour hearing last Friday where more than 300 people testified and provided comments. The bill is being fast tracked. The CT house of representatives was scheduled to go into special session to vote on this bill on July 23.  The CT state senate is scheduled to take it up next week.

This story is evolving and as more information is available, we will update our readership. Please check the Greenwich Sentinel’s website and social media for updates, as they become available.

To voice your opinion for or against the proposed legislation, contact your representatives.

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