U.S. District Court Judge Mary McElroy heard arguments Monday in the case of retired Johnston Detective James Brady vs. former Chief Richard Tamburini and the town of Johnston, and no date has been set for a decision.
The ACLU filed the lawsuit three years ago on Brady’s behalf arguing that Tamburini “violated Brady’s free speech rights” when he was disciplined after speaking to the Providence Journal regarding the suspension of then-patrolman Adam Catamero. The ACLU is arguing, via its announcement of the hearing, that Brady was speaking “about a matter of public concern in his capacity as head of the police union.”
While pulling over a man named Ronald Fraraccio for speeding on July 1, 2015, a witness reported Catamero for “conduct unbecoming an officer.” Although the traffic stop only resulted in a warning, Tamburini suspended Catamero for two days. His grievance with the chief was ultimately denied as well.
According to the lawsuit, Catamero was later fired for “continuing ‘problems,’” but while an action was pending in District Court, Journal reporter Jacqueline Tempera requested to speak with Brady, the IBPO president, about the matter.
Five days after her article was published, Tamburini began disciplinary proceedings against Brady for violating statutes regarding conduct unbecoming an officer and public information/media relations/persons authorized to disseminate information. A few days later, the national IBPO president published a release comparing Tamburini to the Sheriff of Nottingham.
Brady, according to the lawsuit, said he believed he was speaking on a matter of public concern.
William Conley, representing the town, told McElroy during the hearing Monday that Brady’s statements to the Journal were “not made in his capacity as a private citizen” and did not have any relation to public service.
“He wrongly represented time and again that he was making statements representing Adam Catamero as his union president and Adam being a member of the union,” Conley said. “He said it in his deposition and repeated it more than once.”
Conley said Brady’s remarks dealt with “confidential personal matters” relating to mental health. Elizabeth Weins, the attorney representing the ACLU and Brady, said she was “puzzled” by that argument, saying Catamero’s mental health issues never surfaced.
“As I point out in my memo, the town has provided no evidence whatsoever that its speech restrictions are necessary to operate efficiently and effectively,” Weins said. “Nothing supplemented their alleged reasons for this rule.”
The letter from Tamburini to Brady announcing his discipline alleges that he did not have time to consult the department’s public information officer or the chief before talking to the Journal. Tamburini also wrote that Brady violated department policy by discussing the litigation.
“I have determined that your alleged distinction is not applicable in this instance,” Tamburini wrote of Brady, saying he was speaking in his capacity as union president. “And it does not exempt you from the departmental rules and regulations. You were not speaking as a private citizen on matters of public concern, but rather you were speaking as a member of this department on internal departmental matters and as first-hand witness to the statements made by Mr. Catamero, which ultimately lead to his separation from service.”
When the suit was announced in 2017, Brady said he felt obligated to vouch for his union members.
“In the past, many presidents have been sued for lack of representation,” Brady, an 18-year veteran of the department, said. “I took my responsibility very seriously, and I paid the price for doing so. If I had to do it all over again, I wouldn’t change one thing. Catamero may have been terminated from the Johnston Police Department, but he was still a dues paying member of the International Brotherhood of Police Officers, and therefore I still represented him.”
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