RETURN DATE: DECEMBER 6, 2011 : : : : : :

PARTICK T. MCMAHON V. CITY OF MIDDLETOWN

JUDICIAL DISTRICT OF MIDDLESEX

November 10, 2011

COMPLAINT 1. Plaintiff Patrick T. McMahon was Deputy Chief of Police of the City of

Middletown from October 2007 until July 2009. 2. Middletown. 3. As Acting Chief, the plaintiff was the active head of the Middletown In July 2009, the plaintiff was named Acting Chief of Police of the City of

Police Department, as that term is used in Connecticut General Statutes 7-278. 4. On October 17, 2011, the plaintiff was removed from his position as Acting

Chief by Mayor Sebastian N. Giuliano. 5. Mayor Giulianos reason for removing the plaintiff from his position as

active head of the department was that he (the mayor) was running for re-election, and he calculated his chances of winning would be enhanced by removing the plaintiff. 6. Mayor Giuliano admitted there was no just cause for removing him.

Giulianos action was purely political. 7. Mayor Giuliano appointed in the plaintiffs place a new Acting Chief, but

one who is not qualified for the position. The person appointed does not have the requisite experience in a command position, as required by the personnel rules and the job description.

8.

As the active head of the department, the plaintiff could not be removed

legally unless there were a written showing of just cause and an opportunity to be heard at a public hearing in his own defense. (See Connecticut General Statutes 7-278.) 9. hearing. 10. The plaintiff is the only employee in the City of Middletown qualified for the There was no written showing of just cause nor an opportunity for a

Chiefs position. He is seeking an order that he be restored to the position of Acting Chief until a qualified person is appointed to the Chiefs position, either permanently or on an acting basis.

THE PLAINTIFF,

By_______________________ Leon M. Rosenblatt and Richard J. Padykula Law Offices of Leon M. Rosenblatt 10 North Main Street, Suite 214 West Hartford, CT 06107-1988 (860) 523-8066 Juris No.: 417820

RETURN DATE: DECEMBER 6, 2011 : : : : : :

PARTICK T. MCMAHON V. CITY OF MIDDLETOWN

JUDICIAL DISTRICT OF MIDDLESEX

November 10, 2011

DEMAND FOR RELIEF The court should order immediate reinstatement of the plaintiff to the position of Acting Chief of the Middletown Police Department until such time as a permanent Chief is hired, or until some other person is named Acting Chief who also has the qualifications to be a permanent chief.

THE PLAINTIFF,

By_______________________ Leon M. Rosenblatt and Richard J. Padykula Law Offices of Leon M. Rosenblatt 10 North Main Street, Suite 214 West Hartford, CT 06107-1988 (860) 523-8066 Juris No.: 417820