MADSEN, PRESTLEY PARENTEAU, LLC Representing Individuals in Employment and Bene?ts Law and Litigation Attorneys At Low Hartford - New London I05 Huntington Street New London, Connecticut 06320 Telephone: (860) 442?2466 Facsimile: [860) 447?9206 Jacques J. Porenteou we IC 69 . 01 June 5, 2020 VIA E-MAIL Honorable Michael Passero Mayor, City of New London 181 State Street New London, CT 06320 RE: Sergeant Cornelius Rodgers Dear Mayor Passero: On February 3, 2020, our ?rm wrote to Chief Peter Reichard, with a copy to you and others, regarding the harassment and discrimination that Sergeant Rodgers has been subjected to as a member of the New London Police Department Subsequently, we ?led a complaint with the Connecticut Commission on Human Rights Opportunities that detailed many instances of disparate treatment suffered by Sergeant Rodgers as a black police of?cer because of his race. Thus, it is unfortunate that I am compelled to once again bring information to your attention and to the attention of those who are copied on this letter of continuing institutional racism at the New London Police Department directed at Sergeant Rodgers. On April 15, 2020, a white of?cer, Investigator Todd was involved in a use of force incident at the New London Police Department. Although I requested a copy of that report and the video depicting the use of force from Chief Reichard on May 5, 2020 pursuant to the Freedom of Information Act, I did not receive the use of force investigation report and supporting documents until yesterday. Although we were advised by the City?s attorney on May 28, 2020 that the investigation was not ??nalized? as of that date, the Supervisor's Investigative Report 20-1215 (?Report 20?1215?) involving the actions of Investigator Todd is dated May 2, 2020. The report should have been made available to us no later than May 11, 2020 as required by law. Nevertheless, you should be aware that Report 20-1215 not only demonstrates the type of disparate treatment that is described in the pending CHRO complaint, but it also appears from a review of that report that the NLPD Is engaged in a cover-up of in Honorable Michael Passero June 5, 2020 Page 2 of 3 this use of force investigation that involves a white police of?cer who is being treated differently and more Ieniently than Sergeant Rodgers. As you are aware, it is our claim that Sergeant Rodgers was unjustly suspended when he acted in a justi?ed manner to protect himself and a fellow of?cer at the Waterford Police Department in April of 2019. For reasons unknown, Sergeant?s case was escalated from a level 2 to a level 1. However, in the incident depicted in Report 20-1215, the use of force is downgraded from level 2 to a level 3. In addition, not only has the white police of?cer been exonerated for engaging in similar conduct, his actions have been covered-up in the investigation. Also, there is no evidence that the NLPD interviewed the victim of the use of force, nor did the NLPD solicit a civilian complaint, unlike what was done in the case of Sergeant Rodgers. If you review Report 20-1215, you will note that Sergeant has depicted the use of force at the NLPD as level 3 as it involved of?cers, including Investigator using ?soft hand control techniques" to restrain the victim of the use of force. However, Investigator description of the incident includes the following statement struck him 2 times with my right hand in his face.? (emphasis added) We have not yet been provided with a copy of the video by the NLPD to determine if the video supports the description of what occurred, but it is clear that striking a person in the head is a level 2, not a level 3 use of force. Furthermore, it is clear that Sergeant knew or should have known that the use of force included punching the victim twice in the face while ?soft hand control techniques? were employed. By not accurately reporting the actual use of force employed and downplaying what force was used in the NLPD, Sergeant report covers up the truth of what actually happened. On the other hand, Sergeant report reveals a different truth: black police of?cers are treated differently than white police of?cers in use of force investigations. In addition to the evidence of disparate treatment represented by Report 20- 1215, it is plain that Chief Reichard continues to support a culture of discrimination in the NLPD as was displayed in this interaction during the week of June 1, 2020. On June 3, 2020, Sergeant Rodgers was assigned the role of Shift Commander. In that role, Sergeant Rodgers has supervisory authority under the policies and procedures of the NLPD, including General Duty Manual G.O. 3.5, section 16, subsection and which pertains to supervision of completed reports, which states, ?All incoming reports will be reviewed for accuracy and completeness,? and ?the Shift Commander shall ensure the printing and notarizing of reports as necessary." It is the custom and practice of the NLPD that the Shift Commander review all reports including supplemental reports regarding arrests. On June 3, 2020, Investigator ignored or by-passed the policies and customary practices by seeking to obtain approval of an arrest report from Sergeant Cassiere, also a white police of?cer. Upon inquiry, Sergeant Rodgers determined that Investigator had violated the chain of command by not seeking consultation with Captain Wright, a black police of?cer, in order to obtain permission from Chief Reichard to disregard both internal policy and customary practice which would have dictated that Sergeant Rodgers review Investigator arrest and report. In taking this action, both Chief Reichard and Investigator denigrated Sergeant Rodgers? role as Shift Commander, once again treating him differently because of his race. This action represents yet another incident where a black of?cer is made to feel inferior by this lack of respect for the of?ce he Honorable Michael Passero June 5, 2020 Page 3 of 3 holds. It is these daily aggressions motivated by racial animus that continue to pollute the atmosphere and culture of the NLPD. It is also signi?cant to note that Investigator avoided Sergeant Rodgers who was Shift Commander on April 15, 2020 when the excessive use of force described above took place and Investigator submitted his report stating he had punched the victim 2 times in the face. We are experiencing nation-wide protests based on the existence of blatant racism in this country that politicians have failed to recognize and have failed to deal with for far too long. We once again ask your of?ce to take the necessary actions to eliminate racial bias in all of the terms, conditions and practices of employment the NLPD now. If the NLPD is unable to police itself on the issue of race, how will it ever be able to be a police force that can effectively deal with race relations in the community? Thank you for your attention to the facts and circumstances set forth in this letter. JJP/vaw cc: New London NAACP, Jean Jordan, President, iean iordan@sbcqobal.net New London NAACP, Tamara K. Lanier, tamara.lanier@me.com Representative Anthony Nolan, anthony.nolan@cqa.ct.qov Chief Reichard, preichard?ci.new?Iondon.ct.us Assistant Mayor Steve Fields,