The Police Chief of the Dover, NJ, Police Department has been allowed to remain as the chief, even though the Court and the Chief's subordinates agree that he has a "significant drinking problem."
According to the October 15 edition of the New York Times,Chief Brian Kelly was described by Judge Reginald Stanton of New Jersey Superior Court as someone who had mismanaged the Dover Police Department because of deep-seated insecurities "which are partly related to alcoholism."
The court case was initiated by five officers and bosses of the Dover P.D., after it was determined by the officers that town officials were ignoring Kelly's drinking problem. Clandestine meetings were held by the officers to determine what course of action to take. When the Chief found out that the meetings were about him, he demoted several of the bosses. Officers testified that Kelly would disappear in the morning and come back drunk.
But, without mentioning the Americans with Disabilities Act, the Court ruled that the Dover P.D. was "functioning in a broadly effective way, and the Chief of the department was obviously entitled to considerable credit for that." The Court further ordered that two "advisors" be appointed to oversee the department until the year 2000. One of the advisers is Captain Harold Valentine, who was one of the officers who initiated the court case.
What the Judge did not apparently realize was that what he has ordered, was, in fact, probably going on before the case was brought to court! It's Prosay's guess that those meetings held by the subordinates, besides discussing the chief's elbow bending, also discussed the day-to-day operation of the department. So, in fact, the only thing that happened was that the court legitimized and made legal what Captain Valentine and his team of four have been doing all along. Rather than take a local political hot potato of a drunk chief and deal with it head on, the politicians of Dover turned away from the problem, and let the responsibility fall on those who DID take some of the responsibility without compensation or recognition.
But Prosay must also criticize Capt. Valentine. There is an old saying, "The Road to Hell is Paved With Good Intentions." The Captain and his team, to their credit and most certainly with the good intentions of maintaining the public good, literally carried the chief, to the point where the court even said that the Department is in good shape! Had the team just let the Department follow the natural course that they believed the chief was taking it to, the politicians would have been forced to take action because of the shouts of horror from the taxpayers that an alcoholic was demoralizing and failing to lead the police. The obvious results would have been the replacement of the present chief with one that would not have to consult "advisors" for each matter that comes up.
But now it's too late. Captain Valentine and his boys are stuck with an admitted drunk chief who, even though he has stated that he has gotten some help for his alcoholism, also admitted, "What will happen next year, I can't say." When a decision of major importance comes up, the "governing body" (and we use that term very loosely...) of Dover will most probably seek out the professional advice of Capt. Valentine, rather than take the chance on the possiblity that the Chief will be unable to make the decision with any sort of comprehension. Had the "governing body" abided by their oath of office, this would have not been necessary. It will no longer be possible for Valentine (or any Superior Officer in this position), when he his overwhelmed by administrative and operational matters, to tell an inquiring party to, "Go ask Kelly," as the responsibility has now fallen on him to run the department by Court fiat.
In addition, Prosay is sure that, had a regular patrol officer showed up on a job, and a civilian smelled alcohol on the officer's breath, there would have been no thought of giving him or her a "free ride," as this chief as been granted.
