Town officials on Tuesday denied a disability pension to a former New Canaan Police officer dismissed two years ago following his arrest on animal cruelty and other charges.
The municipal Pension Committee voted unanimously to deny former K-9 Officer David Rivera’s application during its regular meeting, held Oct. 8 at Town Hall and via videoconference.
First Selectman Dionna Carlson said the denial is based on Rivera “using his New Canaan police badge to illegally purchase explosives, which resulted in his conviction of several felonies, burglary in the third degree, malicious wounding and killing of animals in the first degree, possession of explosives and illegal purchase and receipt of a long gun, along with two misdemeanors.”
She continued: “Mr. Rivera committed acts of dishonesty toward the town while employed by the town, resulting in forfeiture of pension benefits under section 16.5 of the funded retirement plan of the town of New Canaan, providing that a participant who commits any act of fraud or act of dishonesty toward the town while employed by the town may forfeit his pension benefits.”
Carlson and Committee members—town CFO Anne Kelly-Lenz, Police K9 Officer Sebastian Obando, Board of Finance member Bob Hamill and Fire Lt. Michael Jackson—voted in favor of the denial.
Rivera pleaded guilty in April to gun and explosives charges. He also was charged with cruelty to animals—and, specifically, multiple counts for violating a law against intentionally maiming, mutilating, torturing, wounding or killing an animal.
He’s serving two years.
The general manager and other workers at Rivera’s former Naugatuck-based canine training business shot and killed at least 10 dogs there, according to police. Alerted by state and other authorities about possible animal cruelty at Black Rock Canine Training—a facility for prospective military and police dogs, as well as for privately owned canines by individuals seeking such training— Naugatuck detectives and Animal Control officers found “that numerous canines of all ages and breeds, including German Shepherds, Belgian Malinois, and Labrador Retrievers, have been abused and injured during their time at Black Rock Canines,” according to a press release that Naugatuck PD issued in May 2022.
Rivera has additionally had a handful of legal dealings with the town. Weeks prior to his arrest, he brought an injury-related compensation grievance. In September 2022, he filed a complaint with the Commission on Human Rights and Opportunities claiming discrimination and retaliation, saying the town “constructively discharged” him that summer and wrongly failed to pay him wages and benefits. In April, he sued the town in connection with his claim for disability retirement.
During the Pension Committee meeting, New Canaan Human Resources Director Cheryl Pickering Jones read out a statement, noting that Rivera’s application for a disability pension had been reviewed by the appointed municipal body in July 2022.
“After thorough consideration, the Committee voted to place the disability pension application on hold, pending the result of all felony charges, violations and misdemeanors in court,” Pickering Jones said. “On July 5, 2024, Mr. Rivera was [sentenced for] four felonies and two misdemeanors. According to the warrant, he used his New Canaan badge to purchase explosives, improperly store them and possess them illegally under his badge. It is important to note that as a police officer, it is not permitted to possess explosives under your badge. As outlined in section 16.5 of the pension plan… if a participant commits any act of fraud or dishonesty towards the employer while employed, the plan administrator has the discretion to forfeit the participant’s benefits under the plan. The pension committee acting as the plan administrator must now determine whether Mr. Rivera committed any acts of fraud or dishonesty. If the committee finds that he did, he would not be eligible for a disability pension. He would only be eligible for his contributions, which would be paid to him in a lump sum. Currently his contributions are around $54,000.”
Rivera’s lawyer, John Bochanis of Bridgeport-based Daly, Weihing & Bochanis LLC, said the pension plan section she referred to doesn’t apply to his client’s case.
“With regard to his pending disability application from a medical standpoint, it’s clear and there should be no question that he’s disabled from performing his duties as a police officer, pursuant to the Connecticut orthopedics report, reflecting that his left wrist injury has caused him to be disabled from performing the duties of a police officer for the town of New Canaan,” Bochanis said.
He continued: “With regard to section 16.5, which was raised pertaining to the application for disability pension of Mr. Rivera that’s pending before the Committee, section 16.5 does not disqualify Mr. Rivera from a disability pension. There’s no act of fraud, dishonesty towards the employer, which in this case, obviously is the town of New Canaan pursuant to the criminal charges that were mentioned here this morning pertaining to Mr. Rivera. Any of the acts that were allegedly claimed to be committed by Mr. Rivera was not towards the employer encompassing fraud or dishonesty. He had an outside business and the charges arise from his outside business with regard to canine training. So with regard to 16.5, it’s not a disqualifying factor pertaining to Mr. Rivera’s disability pending disability application.”
Rivera’s civil lawsuit remains active in state Superior Court. The town on Aug. 26 filed a motion for dismissal. The case is scheduled for the short calendar on Oct. 15.