Friday, September 5, 2008 12:13 PM EDT
Bill of Rights panel upholds firing of Westerly police officer
 Firing of a five-year member of Westerly Police Department upheld by RI Law Enforcement Officers’ Bill of Rights panel. |
The firing of a five-year member of the Westerly Police Department has been upheld by a Rhode Island Law Enforcement Officers’ Bill of Rights panel.
The three-member panel voted Thursday to uphold a recommendation by the Westerly police chief to terminate the employment of Patrolman Jorge Alves, according to a statement issued by Chief Edward A. Mello this morning.
The panel found that Alves violated 11 department rules and regulations including reporting for duty, truthfulness, duty to obey orders and incompetence, Mello reported.
Alves has 30 days to appeal the panel’s decision to the state Supreme Court. He could not be reached for comment this morning. His attorney, Gary Gentile, of the International Brotherhood of Police Officers, did not return a call by press time.
Town Solicitor Steven Hartford said a total of 17 charges were brought by the police chief to the Bill of Rights panel. He was cleared of six of the allegations.
The solicitor declined to specify the alleged violations, but did say numerous allegations of misconduct, insubordination and dereliction of duty had been made in connection to Alves’ professional performance. No criminal misconduct, however, had been alleged, he added.
Alves, a department employee since March 2003, had been suspended with pay, per state statute, from the department since Jan. 23.
“It was really a matter of progressive discipline. He had been counseled, he had been reprimanded, he had been suspended,” Hartford said. “… It was determined he just wasn’t a right fit for the department.”
“The town manager and the chief of police demand the highest standards,” Hartford added.
The state Law Enforcement Officers’ Bill of Rights governs the hearings of complaints against and the discipline of police officers and dictates the selection of the hearing panel.
To make up the panel, Alves selected one representative, a police officer, and the department chose a second officer. The chief judge of the state Superior Court selected a neutral, third officer from another town to complete the panel, Hartford said.
Hartford declined to name the panel members: “Because these officers are colleagues of all the officers in the state … I’m just not comfortable in revealing these names.”
The panel voted 2-1 in favor of discharging Alves, with the patrolman’s representative the lone dissenter, Hartford said.
Providence attorney Michael Ursillo represented the town at the hearing.
Mello, in his statement, said that previous to the charged violations, Alves had been disciplined for allegedly violating rules and regulations in 19 additional separate incidents.
In one, Alves allegedly interfered with Immigration Customs Enforcement officials who attempted to enter an apartment owned by him. The agents had just taken into custody an illegal immigrant who claimed to live in a basement apartment at Alves’ personal residence along with several other illegal residents.
Other incidents included being repeatedly late for duty, failure to obey orders and conduct unbecoming an officer, he said.
Mello added, “The conduct of this particular individual in no way reflects upon the hard working police officers who conduct themselves in a professional manner each day serving the community.”
Alves — one of three minority officers in the department — has a pending lawsuit against the police department for alleged race discrimination. He and another officer accused the police chief and other department members of harassing and discriminating against them based on their ethnicity.
Alves, a native of Brazil who came to the U.S. in 1996, is a former special forces operative in the Brazilian Army, holds a degree in law enforcement and speaks three languages.
The three-member panel voted Thursday to uphold a recommendation by the Westerly police chief to terminate the employment of Patrolman Jorge Alves, according to a statement issued by Chief Edward A. Mello this morning.
The panel found that Alves violated 11 department rules and regulations including reporting for duty, truthfulness, duty to obey orders and incompetence, Mello reported.
Alves has 30 days to appeal the panel’s decision to the state Supreme Court. He could not be reached for comment this morning. His attorney, Gary Gentile, of the International Brotherhood of Police Officers, did not return a call by press time.
Town Solicitor Steven Hartford said a total of 17 charges were brought by the police chief to the Bill of Rights panel. He was cleared of six of the allegations.
The solicitor declined to specify the alleged violations, but did say numerous allegations of misconduct, insubordination and dereliction of duty had been made in connection to Alves’ professional performance. No criminal misconduct, however, had been alleged, he added.
Alves, a department employee since March 2003, had been suspended with pay, per state statute, from the department since Jan. 23.
“It was really a matter of progressive discipline. He had been counseled, he had been reprimanded, he had been suspended,” Hartford said. “… It was determined he just wasn’t a right fit for the department.”
“The town manager and the chief of police demand the highest standards,” Hartford added.
The state Law Enforcement Officers’ Bill of Rights governs the hearings of complaints against and the discipline of police officers and dictates the selection of the hearing panel.
To make up the panel, Alves selected one representative, a police officer, and the department chose a second officer. The chief judge of the state Superior Court selected a neutral, third officer from another town to complete the panel, Hartford said.
Hartford declined to name the panel members: “Because these officers are colleagues of all the officers in the state … I’m just not comfortable in revealing these names.”
The panel voted 2-1 in favor of discharging Alves, with the patrolman’s representative the lone dissenter, Hartford said.
Providence attorney Michael Ursillo represented the town at the hearing.
Mello, in his statement, said that previous to the charged violations, Alves had been disciplined for allegedly violating rules and regulations in 19 additional separate incidents.
In one, Alves allegedly interfered with Immigration Customs Enforcement officials who attempted to enter an apartment owned by him. The agents had just taken into custody an illegal immigrant who claimed to live in a basement apartment at Alves’ personal residence along with several other illegal residents.
Other incidents included being repeatedly late for duty, failure to obey orders and conduct unbecoming an officer, he said.
Mello added, “The conduct of this particular individual in no way reflects upon the hard working police officers who conduct themselves in a professional manner each day serving the community.”
Alves — one of three minority officers in the department — has a pending lawsuit against the police department for alleged race discrimination. He and another officer accused the police chief and other department members of harassing and discriminating against them based on their ethnicity.
Alves, a native of Brazil who came to the U.S. in 1996, is a former special forces operative in the Brazilian Army, holds a degree in law enforcement and speaks three languages.
Chrystal wrote on Sep 10, 2008 12:19 PM:
" I think there is predujace going on in the Westerly Police Department and It's got to end. I do NOT support their choice of firing this Officer "
Jeff Whaler wrote on Sep 9, 2008 9:41 AM:
" This guy makes all the hard working men and women of the Westerly Police look bad. Remember if you don't get rid of that rotten apple the whole barrel will start to stink! This guy has tarnished his badge by lying and trying to take advantage of the system and playing the race card. I praise the people for fighting to get rid of this bad stinking apple. Thank God we have the good men and Women of the Westerly Police Department protecting us. "
Sally wrote on Sep 8, 2008 8:55 AM:
" DOn't know about you bnut if i'm repeatly late for work I will be fired for cuase without any rights to an expensive taxpayer funded hearing to determine I was wrong to be late. And paying the race card is insulting to other hard working Brazilian people in our community. This guy is a bum. "
Disgrace wrote on Sep 7, 2008 4:00 PM:
" How much did this guy cost the Town of Westerly during this whole procedure? What a DISGRACE EX-officer Alves is to the community he swore to serve. Apparently, psychological screening for officers doesn't include an integrity section. I'd expect that the facts and findings surrounding Mr. Alves dismissal will figure prominantly on his professional record?? "
re: confused wrote on Sep 6, 2008 5:05 PM:
" you are suspended with pay while investigations are being done.
if this was not done, and an investigation comes to find nothing, the worker could sue for loss of wages. it's part of "innocent until proven guilty" "
if this was not done, and an investigation comes to find nothing, the worker could sue for loss of wages. it's part of "innocent until proven guilty" "
Confused wrote on Sep 6, 2008 1:16 AM:
" I am confused, how does someone be suspended for not doing his job and still receive full pay. Wouldn't it be nice if everyone had that option? Then everyone would do a lousy job get suspended or fired and still get paid. Nice work if you can get it. I think the State should change that statue. "
ginnieguy wrote on Sep 5, 2008 1:47 PM:
" what? discrimination in the town of westerly? noooo wayyyyy...not even possible lol. "
ginniegirl wrote on Sep 5, 2008 12:54 PM:
" This does not sound like discrimination to me. It sounds like he did something wrong and the police department is taking action. It is awful the way some people yell "Discrimination" any time something goes wrong. If you are wrong you are wrong no matter Where you are from or your color or race. I commend the police for taking this action. "
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