TOWN OF MADISON ® CONNECTICUT DEPARTMENT OF POLICE SERVICES "San Sere October 9, 2007 Officer Bernard Durgin 98 Vista Drive East Haven, Connecticut 08512 Reference: IA 07-08 and ces: {have received the internal affairs report on 1A 07-08 from Lt. Michael O'Connor dated September 26, 2007 which details his investigation. This investigation is as a result of your booking off sick starting ‘August 3, 2007 and continuing through the parade and fireworks celebration of Madison Hose Company #1 and your scheduled shift for Sunday, August 5, 2007. In addition Lt. O'Connor has looked into your interaction with the New Haven Police Department at 0033 hours on Temple Street during the time you were scheduled for work. The details ofthis investigation are contained in the copy of the report that is being provided to you. (CHARGES AND SPECIFICATIONS 2.4.4 Reporting for Duty OFC Durgin was scheduled to work the midnight to eight A.M. shift on Sunday 05/August 2007. He did ‘not report as scheduled but instead reported to a department supervisor that he was sick. His actions at the scene of a violent struggle between a CONVICTED FELON named Gerard McAfee, and New Haven Police Officers are inconsistent with his reported status as being il. He had told SGT Ellery that his back was “bothering,” him during the evening of 04/August 2007 yet he was able to come to the aid of a CONVICTED FELON who was engaged in a violent struggle with New Haven Police Officers. 5AADA.N ~ Fail to take police action on or off duty and/or fal to fle any written report. ‘OFC Durgin, while off duty, out of uniform, failed to inform the supervisory or command levels of the ‘Madison Department of Police Services that he had been at the scene of a violent altercation between a CONVICTED FELON and on duty, uniformed, New Haven Police Officers. 2.2.5. Use of Official Position - OFC Durgin “opened his wallet with a badge inside and stated he is on {the job with Madison PD." according to a police report of the incident involving the arrest of the violent felon. This use of Official Position by OFC Durgin was made to a New Haven Police Officer who investigated the incident and who was so alarmed by the actions of OFC Durgin, that he notified a ‘supervisor in this department of those acts. 5.4.2.1.3.0, Conduct Unbecoming a Madison Police Officer — Preventing or Interfering with the performance of Police Duty-_ OFC Durgin appeared at the scene of, and in the immediate aftermath of, the struggle between a violent felon and New Haven Police Officers. Officer Bernard Durgin failed to assist law enforcement at that time. instead, Officer Bernard Durgin’s appearance at the scene was for the purpose of interceding with law enforcement on behalf of a CONVICTED FELON who had been Violently resisting arrest. |2.4.6 Truthfulnoss OFC Durgin was untruthful when he reported to Sergeant Ellery that he would be unable to report ‘or duty due to illness. His presence outside a bar some twenty miles outside his jurisdiction and some five miles from his residence, in the company of motorcycle gang members, indicates that he had not been too Ill to report for work and perform the duties and responsibilities of a Police Officer in the Madison Department of Police Services. 2.3.17 Feianed lines ‘OFC Durgin feigned itiness by reporting that he was too ill to work when, according to documentation in an Incident Report prepared by a sworn member of the New Haven Department of Police Services, he was with a group of fellow members of a motorcycle gang outside a bar in that city at «time which he should have been working, but for his unsubstantiated, self — reported illness. 8.v. Conduct prejudicial to the good order, efficiency, or diseipii which conduct causes the department to suffer disrepute. OFC Durgin's actions in assisting a violent felon who had been arrested by the New Haven Police Department created great constemation on the part of members of the New Haven Police Department and caused the investigating officer in the incident to felate deep concern about the dispiay of motorcycle ‘gang “colors” by a member of the Madison Department of Police Services — OFC Berard Durgin. Such actions by a member of a police department impugns the integrity and professional image of that éepartment with other law enforcement agencies and the general public which members of such departments are sworn and duty bound to serve, ont Oath of Office ve OFC Durgin aedn is oth Yt and nga decarge and ero los incumbent upon (him) as a police officer of the Town of Madison,” and he failed to obey and be bound by such rules and regulations as may be adopted by the Chief of Police and/or the Board of Police ‘Commissioners as enumerated in the above listed charges and specifications. ok OO Code of Ethics OFC Durgin’s actions in assisting a violent felon speak to his fallure in the Performance of the Duties of a Police Officer. For example, OFC Durgin allowed his relationship with a violent convicted felon to influence his official conduct when he identified himself as a Madison Police Officer and spoke to New Haven Police Officer Charles Gargano in the aftermath ofthe convicted felon’s arrest. OFC Durgin ‘adversely affected the relationship between the Madison Department of Police Services and Officer Charles Gargano of the New Haven Police Department in the aftermath of the arrest of his friend, the Convicted felon. OFC Durgin ignored the requirement in this section of the Code of Ethics that a police officer assists colleagues fully and completely with respect and consideration at all times. With regard to his private le, Officer Bernard Durgin, through the acts and omissions detailed above, brought discredit to his agency and himself. His behavior in the early morning hours of 05/August 2007, in the aftermath of the arrest ofa friend who is a violent felon, displayed poor character and inappropriate behavior which Violates the terms and conditions of the Madison Department of Police Services Code of Ethics. |‘Therefore, based on the internal investigation report (IA #07-08) compiled by Lt. Michael O'Connor, I find sufficient evidence that you willfully and knowingly violated various sections of the Madison Police Department duty manual, oath of office and code of conduct. | am changing your administrative leave with pay status to a ten day suspension without pay effective immediately. At the conclusion of this ten day period you will revert back to the status of paid ‘administrative leave pending the outcome of the current IA #07-10, You will be notified in writing of any changes in your status. Seat Paul D. Jakubson Chief of Police Cc: Michael Brady, Attomey IBPO Neal Mulhern