I, Repeated Failure and Refusal to Investigate and Remedy Persistent Sexual and Criminal Misconduct By Sworn Police Officers. Since the Fall of 2006, at the least, the Madison Police Department, while under the command of Chief Paul Jakubson, has faced a crises of extensive misbehavior by the swom officers of the Department. Some of the incidents of such serious misconduct are set forth below. Chief Jakubson has deliberately and repeatedly ignoted, condoned and thereby facilitated sexual misconduct by numerous members of the Department over the course of his tenure, The Chief knew by at least December of 2006 that former officer Berard Durgin, and other officers including former officers Harry Anderson and Matthew Sterling, were associating with known criminals, drug abusers/dealers, and/or prostitutes in Madison while on duty on the Department's Midnight Shift. He fook no steps to address these serious allegations, despite being briefed by a ranking supervisor, until sometime in late March of 2007, when he assigned Lieutenant ‘O°Connor to look into the allegations concerning the prostitutes. No Intemal A fairs number was assigned to Lieutenant O°Connor’s investigation, as the Chief refused to order that a number be drawn. Lieutenant O’Connor, who had never previously been lead investigator on an TA, failed to pursue or thoroughly investigate the allegations of administrative and ctiminal misconduct, and the Chief took no documented steps to insure that Lieutenant O’Connor, or any other supervisory officers, performed this critical investigation of the ongoing sexual and criminal misconduct by members of the Department. The Chief testified under oath that Lt. O’Connor never presented him with any written reports as to his progress, however he took no disciplinary action against 0 Connor, nor did he otherwise insure the proper completion of the investigation. During this period from December 2006 until at least August 2007, the alleged aberrant sexual behavior continued unabated on the Midnight Shift. No further action was taken by the Chief on these allegations until sometime in August of 2007, when the Department received notice of former officer Durgin’s off-duty interference with members of the City of New Haven Police Department attempting to arrest a convicted felon who was a member of the outlaw motorcycle ‘gang which Durgin helped organize in East Haven, CT. Internal affairs investigators subsequently were able to substantiate that former officers Durgin, Sterling, and ‘Anderson had in fact knowingly and persistently consorted with convicted felons, drug dealers and hookers on the Midnight Shift, and that, at the very least, former officers Sterling and Durgin had been frequenting several houses of prostitution while off duty to procure sex, including purchasing sex from victims of the international Asian human trafficking trade. On January 18, 2008, the Chief finally filed charges against Officer Sterling, whom be knew to have been untruthful about engaging the services of prostitutes at various brothels, well-known to and under the surveillance of law enforcement agencies, with former officer Durgin as early as October of 2007. Despite this knowledge about former officer Sterling’s sexual misconduct, and his untruthfulnessabout the same under oath, Chief Jakubson allowed Mr. Sterling to continue as an advisor to the Madison Police Department's Police Explorer Post for nearly four ‘months while he was under this investigation. Mr. Sterling was not relieved of his post until January 18, 2008. There was no plausible reason for the Chief to allow him to work with the young people of Madison in a position of authority and example under these cireumstances, Officer Sterling was not an isolated instance wherein the Chief had allowed a swom officer to serve as an advisor to the Madison Police Department's Police Explorer Post while under suspicion and/or investigation for allegations of serious sexual misconduct. In the winter of 2002 former officer Donald Lanouetie, then a Madison Police Department Explorer Post Advisor, was engaged in an ongoing sexual affair, both on and off duty, with a teenage member of the Explorer Post. Lieutenants O*Connor and Dobbin both brought their suspicions regarding Lanouette's inappropriate, sexual misbehavior to the Chief's attention long before the Chief took any responsive action. Despite a lack of support and/or interest from the Chief, Lieutenant O° Connor ordered then Officer Lanouette to cease “ride alongs” ‘with the teenage female explorer scout, in order to foreclose further opportunities for Lanouette to engage in sexual misconduct while on duty. ‘The Chief countermanded Lieutenant O°Connor’s order shortly thereafter, thereby allowing the misbehavior to continue unabated, Former officer Lanouette repeatedly had sexual intercourse with the teenage Madison explorer scout while on duty at her home, in his patrol car while she was doing “ride alongs”, and at other locations such as the Madison Masonic ‘Temple on Route 1. The explorer’s parents eventually filed a complaint with the Department, leading to a criminal and internal investigation of former officer Lanouette, These investigations uncovered a pattern of on-duty sexual misconduct on the part of Lanouette, revealing his propensity to make sexual advances and engage in sexual relationships with female citizens he encountered during traffic stops. Atleast by 2003, Chief Jakubson knew that former officer Lanousite had an ongoing sexual relationship with a Madison Police Department community service officer. Former officer Lanouette had sexual intercourse with the Madison community service officer while on duty. In or before the same time Chief Jakubson knew that former officer Lanouette issued a Madison female motorist a written warming and thereafter engaged in a sexual relationship over the course of three to four months. Former officer Lanouette met the female on occasion at the back parking lot of Madison’s Brown Schoo! to engage in sexual activity while former officer Lanouctte was on duty, ‘The Chief's tolerance for sexual misconduct on the part of his subordinates ates back to the year he was swom in as Chief of Police. In October of 1998, the first fall calendar year of Chief Jakubson’s tenure, numerous sworn members of the Madison Police Department including former officers Donald Lanouette, Harry ‘Anderson, and Officer John McDevitt were the subject of a Connecticut State Police criminal investigation and a Departmental intemal investigation concerning sexual misbehavior occurring during a stag party for former officer Anderson's son. Theinvestigations confirmed that former officer Anderson and his son received oral sex from prostitutes/strippers hired to attend the stag party, and that guests of the party had contributed money to pay for the sexual acts. In the context of the Connecticut State Police investigation, Chief Jakubson acknowledged hearing rumors of the sexual misconduct which occurred at the party within days of the sexual misbehavior, but that he felt no need to look further into the matter until he received a phone call from a reporter at the New Haven Register prepared to break the story. Ho further ‘confirmed that he had in fact bought a $25 ticket forthe party, thereby contributing to the inappropriate and/or illegal conduct of the Madison police officers who attended. ‘Asa result of the internal investigation, the Department confirmed and substantiated that former officer Anderson and his son had received oral sex from one of the prostitutes/strippers hired to attend. Former officer Lanouette and Office McDevitt observed this misconduct, and there was substantial evidence to indicate that they liad in fact paid for said sexual act to be performed upon former officer ‘Anderson and his son, As a result of his extensive investigation, Lt. Dobbin, the lead internal investigator, found that there was sufficient evidence to challenge the credibility of former officer Lanouette and Officer McDevitt, due to their lack of cooperation, purported inability to recall the events of the evening, and contradictory statements to investigators. Despite these findings, Chief Jakubson failed to seek and censure the termination of former officers Anderson and Lanouette, who continued their employment, and ongoing, aforementioned criminal and sexual misconduct for a umber of years. On October 9, 2006, former officer Joseph Gambardella was captured on a surveillance tape stealing lobster and shrimp products from Lenny & Joe's Fish Tail Restaurant. Mr. Gambardella was arrested by the Connecticut State Police on December 27, 2006 on multiple felony criminal counts. An IA report was completed by Lieutenant Gerard on January 25, 2007. The Chief brought charges on January 26, 2007 and recommended Mr. Gambardclla’s termination, ‘Mr. Gambardella was placed on administrative leave with pay from October 20,2006 until January 26, 2007. Given the serious nature of Mr. Gambardella’s criminal misbehavior, there was no legitimate reason to favor Mr. Gambardella in this ‘manner, which resulted in unnecessary costs to Madison taxpayers. There is no constitutional, statutory or regulatory reason for Chief Jakubson’s failure to proceed diligently and expeditiously with the administrative action. On February 25, 2007 the Chief filed additional charges against Mr. Gambardella. These charges concerned the theft by Mr. Gambardella of power ‘equipment from Beebe Marine of Madison. Mr. Gambardella was also arrested for this theft. The felony criminal charges against Mr. Gambardella were resolved in a plea bargain in the Superior Court at New Haven wherein Mr. Gamberdella pled Nolo ‘Contendere on September 15, 2008. On May 15, 2007, after a full due process hearing, the Board terminated the employment of Mr. Gambardella.