Police union casts ‘no confidence’ vote against Chief Jones

Bridgton Chief of Police Phil Jones. (Rivet Photo)

By Wayne E. Rivet

Staff Writer

Following a unanimous vote of “no confidence” in Police Chief Phil Jones in May, the union representing 10 Bridgton Police Department officers issued a public statement Monday to bring allegations of mismanagement and failure to follow policy “into the light in order to effect change.”

A three-page document was signed by the Bridgton Police Union’s executive board, and sent to The News.The executive board consists of Craig Hammond as president, Todd Smolinsky as vice president, Ryan McCloud as secretary, and Brandan George as treasurer.

Michael T. Edes, executive director of the Maine State Fraternal Order of Police and labor representative for the Bridgton Police Union, told The NewsTuesday that the union decided to take the matter public when an internal investigation by the town into the union’s allegations against Chief Phil Jones resulted in no assurance of any corrective action.

“It was communicated to the union that any investigated allegation deemed ‘credible,’ a determination which was defined solely by town officials, had been addressed and rectified within town guidance,” the union statement reads. “Again, no union inquiries nor explanation of corrective measures of this summation were disclosed.”

Another point of contention, Edes pointed out, is the town’s directive that any further allegations of misconduct by the chief be directly brought to Chief Jones, first.

“In the vein of integrity and transparency, this goes against our Agency’s core values, rather representing an immoral and legally contentious outcome, not beneficial to the citizens we serve,” the statement reads. “Officers are understandably reluctant to come forward and be identified when the offender is the Chief and town officials appear unwilling to hear their concerns. It is the hope of the union that our concerns be addressed appropriately.”

Bridgton Town Manager Robert Peabody pointed out that the “chain of command” is spelled out in the union contract, “agreed upon” by union members.

“If they are not satisfied with the resolution, then they appeal to the town manager. If they are unhappy with the manager’s decision, it goes to arbitration,” Peabody said. “Going to the department head first, to me, is only fair. How do you know there is a problem unless someone comes to you and say, ‘I have a problem with how this happened or how I was treated.’ I can tell you, I am going to guess, that every town has you go to the supervisor first and then to the town manager. In this particular instance, they (the union) hop-skipped over everything and actually went to a member of the Select Board.”

Previously a sergeant, Jones was one of two internal candidates to succeed BPD Chief Rick Stillman. An interview committee consisted of Peabody, Deputy Town Manager Georgiann Fleck and Yarmouth Police Chief Dan Gallant. 

“As personnel director, at the end of the day, I make all the decisions regarding hiring and firing,” Peabody said. The manager nominated Jones to be the town’s next police chief, and the Select Board approved that nomination.

Union members questioned the nomination and hiring of Jones as chief of police back in August 2020, casting a “no confidence” vote.

“This vote represents the overwhelming conviction of the members that Jones is unfit for the position and lacks the qualities necessary for the position,” the union statement reads.

Union officials brought the matter to town officials, but were “dismissed.” 

Peabody made no formal response, noting the communication he received from the union “didn’t ask for a response.”

“Many times, those types of votes of no confidence, we don’t know what the actual vote was and they don’t share that with us. Many times, votes of no confidence can be political in nature. I did not give a written response, and what I did do is a personnel matter and I can’t discuss that,” he said.

Like other town employees, Jones does not have a contract. Yearly evaluations are done by the Deputy Town Manager, who serves as Deputy Personnel Director. The evaluation is reviewed and signed off by the town manager. Per the town’s personnel policy, new employees work under a six-month probationary period. A review is conducted, and if the individual meets expectations, employment continues.

Edes, who retired from the Maine State Police in 2014, said the union took a second vote, and decided to proceed with Jones as chief on a trial basis.

“Our deep-rooted concerns were made known privately, but not publicly. It was our hope that this would work out. It has not,” the union wrote.

Edes added, “It’s gone from bad to worse. No one sees it getting better…They waited a year hoping for change, but it failed miserably…What you have is a toxic environment.”

On May 13, 2021 the union voted again and returned another unanimous “no confidence” vote regarding Chief Jones. In their statement Monday, union officials cited the following allegations, which lead to the no confidence vote:

• Illegal searches and seizures by the chief. “This behavior violated the very core of proper police procedures and is especially problematic when the conduct is that of the Chief of Police,” the union wrote.

• Use of excessive force

• Leaving a prisoner unattended in the booking room; a civilian female receptionist was the only employee to remain in the police department; a violation of both policy and safety protocols. “This employee subsequently quit her employment, citing this as one of the reasons,” the union claims.

• Failing to follow policy regarding use of audio and video surveillance equipment, “required by others to be worn and operational, routinely is not by (Chief) Jones.

• A recent grievance was filed and settled regarding (Chief) Jones filling overtime in violation of contractual requirements.

• Noticeable lack of communication and lack of requisite training from (Chief) Jones. “Members, including command staff, are unaware of even routine events occurring within the town or the department’s involvement. Members are tasked with new job requirements with none of the requisite knowledge or training,” the union alleges.

Union officials brought these concerns to Town Manager Peabody in June. The union sought an independent review, but the town opted to use its law firm to conduct an investigation.

“Any time we have a complaint, we are going to investigate it. Our law firm has people on staff who specialize in police investigations. It was not a staff attorney that works with us. It was someone who concentrates on employee complaints and employee issues, and is a seasoned investigator in regards to complaints regarding police departments,” Peabody said. “It is important to keep in mind that a very thorough independent investigation was done. Just because the town used its law firm, it no way colors how they do their duty as attorneys and investigators. They were very thorough. It was almost three weeks doing interviews.”

Chief Jones was placed on two-week administrative leave with pay, “which we would do when there is an investigation, per our policy,” Peabody noted. “It is paid because we don’t know if the person has done anything wrong. We just remove them from the situation while we do the investigation,” Peabody added. 

Once the investigation was completed, union officials met with Peabody.

“No part of the investigation was subject to review or question, and was strictly confidential,” the union said.

While Peabody declined to comment on whether corrective measures or suggestions were made to Chief Jones based on the internal investigation, citing personnel privacy law, the manager noted, “When I met with the Police Department, I stressed that communication is a two-way street. It’s not a one-way street,” a reference to what needs to happen to address issues facing the department. 

In an interview Wednesday morning, Peabody issued the following statement, “I cannot discuss personnel matters that are otherwise confidential under Maine law. I can say, however, that the Town performed a thorough investigation of the matters raised by the Association, and found many of them to be factually inaccurate. The Town supports Chief Jones and his efforts to bring unity and accountability to our police department, and to foster an environment of cooperation and better communication between all officers. As I made clear when I met recently with the officers, communication is a two-way street.”

The manager added, “While the Association seems to be focusing on divisive politics, Chief Jones is committed to supporting and serving our community and the officers who work with him. Being a police officer carries with it the expectation of good character, honesty, and accountability. Chief Jones exhibits all of these and more and is willing to hold himself and other officers accountable. Chief Jones leads by example and is committed to helping this department move forward in a positive manner, to stay positively engaged with the community, and to holding the department as a whole to a standard of excellence.”

When asked if the town had received any complaints from the public regarding Chief Jones, Peabody responded, “Quite the opposite. They speak quite highly of the Chief…Our plan is to continue to move the department forward, keep the professionalism high, and hold officers to a high standard of excellence.”