Police Chief's Complaint Accuses City Manager of 'Deep-Seeded Animus'

East Providence Police Chief Joseph Tavares' Human Rights Commission Complaint charges City Manager Peter Graczykowski with discrimination in his representative and personal capacities, motivated by a "deep-seeded animus" against the Chief. 

The complaint provided little narrative about the nature of the discrimination, save for an introductory letter from Tavares' Providence attorney Thomas J. McAndrew. "It is apparent the City Manager harbors deep-seeded animus towards Chief Tavares, as was evidenced by his unilateral decision to terminate him last April 15, only to have that decision summarily reversed by the Budget Commission, who found 'no cause' whatsoever to support the City Manager's decision," McAndrews wrote.

Tavares declined to comment, referring questions to McAndrews. McAndrews could not be reached for comment. Graczykowski could also not be reached for comment.

The complaint alleges a discriminatory work environment, discriminatory treatment, harassment and a typed-in entry under "other"— discipline. Under the section of the complaint form asking for a description of the discrimination, the entry refers simply to an attached affidavit. 

That affidavit includes a resignation agreement sent to the Chief April 15, 2013, that offers the Chief three months salary beginning May 6, 2013 upon his resignation, along with accrued vacation time, and an agreement that the City will not contest his unemployment filing. The agreement also included a clause whereby neither party will disparage the other. 

The affidavit also includes a May 29, 2013 email from Gracykowski to Tavares notifying him a bi-weekly report on police department activity due May 28 was late:

"I do realize that you have returned to your duties only on May 24, 2013; and as such, had to be briefed on the department's activities by Deputy Chief Parella. I also understand the Deputy Chief submitted to you the morning of May 28, 2013 a list of department activities in writing in response to your request the same day so that you could prepare the report to me by the deadline.

For your reference, please see a written reminder of this task due date from my Executive Assistant, sent you you the morning of May 28, 2013. These reports are due in writing to me, as has always been the case, so that I can prepare the report for the Council docket in a timely fashion. 

Please consider this a first warning on this issue. I do expect you will have these prepared and ready for my review by the deadline in the future. Thank you."

Finally, the affidavit includes a letter from Rhode Island State Police Col. Steven O'Donnell to Council President James Briden advising him of what O'Donnell refers to as Graczykowski's "unprofessional behavior" in demanding to be notified of State Police activity in East Providence.

Also in the letter, O'Donnell said that after explaining to the City Manager that the chief could not win if he were briefed on the investigation and also could not win if he were ignorant of it, Graczykowski said, "The Chief will not win."

In the letter, O'Donnell also references the State Police investigation of allegations that City Council members Thomas Rose and Chrissy Rossi were involved improperly with the city manager’s placing of the police chief on administrative leave, finding no basis for criminal charges.

"The basis for that investigation was that he shared with members of the East Providence Budget Commission that he was directed to place the Chief of Police on administrative leave to secure his own employment contract. He told the Commission that Council members Rossi and Rose told him that if he dismissed the chief he would get a renewal of his contract," O'Donnell wrote to Briden.

Rose invoked his 5th Amendment right, refusing to answer questions. Rossi answered questions but declined to provide a written statement, she said. Graczykowski stated his comments were taken out of context and that he put the chief on leave for performance issues.  

"I never said that to the City Manager and he confirmed that," Rose said when asked about the charge Monday afternoon. Rose said he had no opinion on Tavares' job performance. He said questions he has about the police department are always answered.

"That was completely untrue," Rossi said of the allegation that she influenced Graczykowski's decision to put Tavares on leave. "I'm one person. I'm one vote. I rarely have a majority. I'm not a threat to anyone," Rossi said.

At the time, State Police Lt. Col. Michael Winquist characterized the councilors' response as a lack of cooperation which "certainly hindered the investigation," he said. "We investigated the allegation as far as we can go without their cooperation. We did not have enough information to support criminal charges.”