Report details Duda's alleged misconduct

Former New Milford police Lt. James Duda poured grape soda into a police department laptop computer and ordered subordinate officers to drive their police cruisers over two other computers so he could have them replaced before a warranty expired.

So reports a 74-page internal investigation launched in February. Mr. Duda was fired in March.

In the case of two other computers, Mr. Duda, 46, is accused of intentionally dumping a cup of coffee onto a keyboard while in the dispatch center and dropping a 45-pound weight onto another laptop, the report stated.

The report, prepared by Chief Shawn Boyne, blacks out names of at least six witnesses and two officers instructed by then-Lt. Duda to intentionally damage several of the department's inventory of 21 Dell computers.

The report also states his actions were not only violations of professional conduct, but meet the criteria of criminal mischief, larceny and coercion.

The two other officers involved were given administrative reprimands, the report states.

"As the facts of this investigation present, Lt. Duda knowingly and maliciously with explicit intent acted in such a way to damage the tangible property of the town of New Milford," Chief Boyne wrote.

Five of the intentionally damaged laptops were replaced. Dell's records indicate eight more warranty claims for computers, dating to March 2010, the report states.

New Dell laptop computers cost $1,640 each, according to the report.

Written statements included in the report said Dell representatives opted against performing a detailed audit after they were notified of the possible fraud. The company chose not to prosecute Mr. Duda on the criminal charges Chief Boyne spelled out in the report.

In addition to the witness reports of intentional computer destruction, Chief Boyne states in the report he received an allegation of sexual harassment from a female employee, who came forward after Mr. Duda had been fired, but asked to remain anonymous for fear of retaliation if he got his job back.

The woman alleged Mr. Duda's attention to her was inappropriate, including requests for private office meetings and repeated text messages to meet him for drinks during off-duty hours.

Yet another accusation in the report stems from Mr. Duda's suspected reading of privileged email meant for the chief and command staff.

Since he was hired in October, Chief Boyne suspected his email account was under "constant surveillance," and the only department administrator with the capacity to access the information was then-Lt. Duda, the report states.

Between Sept. 17, 2010, and Feb. 8, 2011 -- the day Mr. Duda was suspended with pay -- Kendrick Protzman, New Milford's information technology director, provided information that the department computer system had 15,364 emails sent or received and stored in the server.

Of those, 1,680 were flagged as "read" while in the archives. Mr. Protzman said he could find no legitimate reason anyone would have opened those emails.

Chief Boyne said for two hours on the day then-Lt. Duda was suspended, email correspondence between the chief and Capt. Mark Buckley was read in the archives.

"It cannot be proven, but is highly suspected ... that these electronic correspondences were intercepted by Lt. Duda following his suspension from service," Chief Boyne wrote, "in direct violation of the order not to access department computer systems.'

Throughout the investigation, Mr. Duda and his Ridgefield attorney, Daniel Hunsberger, have maintained he never intentionally damaged any department computer equipment and any that he returned under warranty had been damaged by others.

Mr. Duda also had made this claim at his unemployment hearing in late March.

On Monday, Mr. Hunsberger said he had not yet received the full internal investigation report, so he could not comment on its contents.

He did say that at no time prior to his firing had Mr. Duda been allowed to respond to any of the allegations made about his conduct and supervision.

"He hasn't been given his due process," Mr. Hunsberger said.

Mr. Hunsberger said Mr. Duda intends to file a federal lawsuit to protest his termination, which occurred two months prior to his being eligible to retire from the department.

In closing the report, Chief Boyne specified Mr. Duda violated eight of the department's professional standards.

"Lt. Duda failed to share in the responsibility to conduct himself in a manner that does not bring public image or trust into question," the chief wrote. "His actions violate the very core of the department's ethics policy.

"Lt. Duda's actions where he directs subordinates to participate in the criminal acts are most concerning, and management cannot continue Lt. Duda's employment within the agency recognizing the liability it will inherit where the potential for future misconduct exists."