Free Answering Brief in Opposition - District Court of Delaware - Delaware

Case 1:04-cv—O1394-G|\/IS Document 193-4 Filed O4/12/2006 Page 1 014

Case 1 :04-cv—01394-GIVIS Document 193-4 Filed 04/12/2006 Page 2 of 4
0 wu.ccx a. FETLER mn.
In the Matter Of: 0
Conley
Chaffinch, etal.

C.A. # 04-1394-GMS
---------——---·------------------------------------------------------
Transcript of:
Colonel L. Aaron Chaffinch
June 6, 2005
Wilcox & Fetzer, Ltd.
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Case 1 :04-cv-01394-GIVIS Document 193-4 Filed 04/12/2006 Page 3 of 4
Conley v. Chaffinch, et al.
Colonel L. Aaron Chaffinch C.A. # 04-1394-GMS June 6, 2005
l Page 178 Page 180
1 promotion from the Secretary of Safety and Homeland 1 against anybody in the agency as far as work and
2 Security James Ford, no. 2 experience on the Delaware State Police.
3 Q. So if I asked you for the record what were the 3 Q. It's just that today is the time for you to give
4 reasons for selecting Hughes, what would you explain as 4 all the reasons.
5 the reasons why you selected Hughes? 5 A. I suppose it is.
6 A. I don't know if I can tell you exactly the live 6 Q. So are there any other reasons why you selected
7 that are there. Tenure, background, education -- 7 him over the other people?
8 Q. The tive are: First was education, second is 8 A. Not that jump right out at me. I think I've hit
9 background, third is experience within the Delaware Stat 9 on them all.
10 Police, fourth is tenure, and fifth is compatibility with 10 Q. Now, if we go to Major Eckrich, how about givin `
11 other members of the executive staff. Okay? 11 me the reasons why he was selected for the position?
1 2 With that as a help, what were the reasons 12 A. Okay. From education standpoint, he's got a
13 why you selected Major Hughes? 13 masters -- a bachelors and a masters degree. He's a
14 A. Okay. Well, his tenure within the agency was 14 graduate of Southern Police Institute in Louisville,
15 very well rounded. He -- like I explained earlier, he 15 Kentucky, which is a command school for law enforcement
16 had been to the academy as the assistant director of the 16 administrators. He's -- he had worked patrol. He had
1 7 academy, so he had been involved in training. He'd been 1 7 worked as a patrol supervisor, a shin commander. He
1 8 in special investigations as a drug officer, so he had 1 8 worked at both as a criminal lieutenant and a trafic
19 experience in criminal investigations. He had been a 19 lieutenant. And he'd been a troop commander. And I
20 patrol sergeant and nm a shirt at Troop 7. He had been 2 0 worked closely with him and I knew that he would be loyal
2 1 a traffic lieutenant at Troop 5. He had been a troop 2 1 and -- loyal to me and we would be a good team to be a
2 2 commander at Troop 5. He was a graduate of the FBI 22 part of the executive staff
23 National Academy. He attained a masters degree in 2 3 Q. You mentioned loyal two times, so I do want to `
`24 public administration. And he had worked his entire 24 ask you about that.
Page 179 Page 181
1 career in Kent and Sussex counties and he was familiar 1 You worked with Barbara Conley over your
2 with the area and the other troopers and the other 2 career, too?
3 administrators of those troops. 3 A. Yes, I have.
4 Q. Are there any other reasons? 4 Q. Is there any reason for you to think she i
5 A. I thought he would be compatible with the other 5 wouldn't be loyal to you if she was selected?
6 staff members. I think I've hit -- I hit on experience. 6 A. No, there's not.
7 I hit on his background. I hit on his tenure and his 7 Q. So are they all the reasons for Maj or Eckrich?
8 education. So I guess that there's not any others. B A. The other reason that we talked about earlier is
9 Q. I'm just trying to be thorough. 9 the fact that he had been in that position as a
1 0 A. Loyal to the superintendent. 1 0 lieutenant and that is a -- that is a large factor in my
1 1 Q. Excuse me? 1 1 decision.
12 A. Loyal to the superintendent. 12 Q. So just so you understand I'm being fair with
13 Q. Is it fair to say that that's an additional 13 you, if there's anything else you said earlier, we'll
14 factor, or is that just within the other ones? 14 include that in reasons why he was selected. Okay?
15 A. That's within the others. 15 A. Yes, sir.
16 Q. So loyal to the superintendent. What do you 16 Q. Is there anything else that you remember was a
17 mean by that? 1 7 reason why he was selected?
18 A. Well, I had worked close with him and I knew 18 A. No, sir.
1 9 that he would support me in my position as 19 Q. Did you look into his disciplinary record?
2 0 superintendent. He would also do a good job. He's 2 0 Let's say Eckrich right now. Did you check and see
21 always been a go-getter. He was one of the biggest 2 1 whether he had any violations, suspensions, or things
2 2 workers on the road when he was on the road. He wrot 2 2 like that in his record?
23 his share of traffic citations. And he -- you know, he 23 A. I'm pretty sure he doesn't have any, but I
..._.__ A ..... y y .. . .. . . fsf Sure but if hc he
46 (Pages 178 to 181)
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Case 1 :04-cv-01394-GIVIS Document 193-4 Filed 04/12/2006 Page 4 of 4
Conley v. Chaffinch, et al.
Colonel L. Aaron Chaffinch C.A. # 04-1394-GMS June 6, 2005
_ Page 146 Page 148
1 A. You mean that I may have inherited from the 1 specific operational background?
2 previous superintendent? 2 A. Well, Ithink it goes without saying you'd have
3 Q. Yes. 3 to be a captain.
4 A. Not to my knowledge. 4 Q. Sure.
5 Q. I lmow, for example, that with reference to 5 A. You know what I mean. So that is one parameter, i
6 lieutenants and sergeants, there's testing and there's 6 you know. So you look at the captains in the agency to
7 bands and things like that. At that time the Delaware 7 make your selection and for the superintendent. And
8 State Police was using that process for those ranks; B certainly education and background and experience and
9 right? 9 tenure all came into play with any selections that I made
10 A. For sergeant, lieutenant, captain, yes. 1 0 for executive staff people.
ll Q. And for captain, too? 11 Q. So you're saying that when you had to select
12 A. Yes. 12 anybody to be part of the executive staff] you considered
13 Q. I remember seeing infomiation about boards of 13 education, background, experience, and tenure?
14 people who might interview captain candidates. 14 A. That's correct. Experience within the agency.
15 A. Okay. 15 Q. While that wasn't found in any preexisting
‘ 16 Q. That's true, isn't it? 1 6 written document, those are factors you used?
17 A. Yes, sir. 17 A. That's correct. E_
18 Q. Now, for majors there wasn't that kind of a 18 Q. I guess I'm trying to find out: Were there
1 9 process? 19 other factors you used besides those four?
2 0 A. No, sir. 2 0 A. Well, by background I would mean where they have r
21 Q. I think you're telling me that for majors there 21 been within their tenure as a trooper based on what
22 was no process that you inherited from any of your 22 position I'm filling. I think you understand that. That
2 3 predecessors as far as filling those two major vacancies 2 3 somebody that had been in an administrative position but
24 A. That's correct. 24 not necessarily in an operational position probably
Page 147 Page 149
1 Q. Are you telling me that there's no process in 1 wouldn't get an operational job. You see what I'm
2 the union contract between the State Police and the union 2 saying? Those kind of things come into play with any
3 that applies to filling the vacancies? 3 selections that I would make for staff level positions.
4 A. I'm not telling you that, no. 4 And compatibility with other members ofthe
5 Q. ls there anything in the union contract? 5 executive staff certainly would come into play, as well.
6 A. Not to my knowledge. 6 Q. l'll put down as another factor compatibility
7 Q. llcnow there's that handbook, the Delaware State 7 with the other members of the executive staff
8 Police rules and regulations, it's like a two—volume blue 8 A. Yes.
9 thing I've seen with rules and regulations about the 9 Q. So that gives me five categories. Were there
10 State Police. You are aware of that book; right'? 10 any othe1·s that you considered?
11 A. The administrative manual and the divisional 1 1 A. Not that I can recall.
12 manual. 12 Q. I remember seeing in some of the other cases
13 Q. In those two manuals, was there any process that 13 affidavits or testimony talking about as people rise to
14 guided your selection of the two majors for the positions 14 higher management levels in tl1e State Police, it's
1 5 we are talking about? 15 important that they have operational experience, meaning
16 A. l think probably there may be something in there 16 like in patrol and actual on-the—road type experience.
17 about at the discretion of the superintendent, but 17 That's a fair statement, isn't it?
18 there's not any specific process, no. 1 8 A. That's one very important facet, yes.
19 Q. So, for example, there was no preexisting rule 1 9 Q. So that's importa.nt. Okay.
2 0 in writing that required that anybody selected for major 2 0 For example, with respect to Captain .
2 1 have a certain educational background? 21 Barbara Conley, we know from paragraph 10 on page 4 of
22 A. No, sir. 22 the complaint that's in &ont of you that she was a
23 Q. There wasn't anything in writing that required 2 3 patrol trooper for eleven years at Troop 5. Do you
2 4 that a erson who was selected for ma'or have an 24 remember that?
38 (Pages 146 to 149)
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