- Massachusetts Chiefs of Police Association

INSIDE
INFORMATION
MONTHLY NEWSLETTER OF THE MASSACHUSETTS CHIEFS OF POLICE ASSOCIATION, INC.
December 2015 VOL. 12-15
In this month’s issue:
•
•
•
•
•
President’s Message
General Counsel’s Corner
We Have Moved: MCOPA/MPI
New Address
Chief William G. Brooks, III
to be Sworn as 2016 MCOPA
President
MPI Chief’s Training
1
ABINGTON ~ ACTON ~ ACUSHNET ~ ADAMS ~ AGAWAM ~ ALFORD ~ AMESBURY ~ ASHFIELD ~ ASHLAND ~ ATHOL ~
ATTLEBORO ~ AUBURN ~ AVON ~ AYER ~ BARNSTABLE ~ BARRE ~ BECKET ~ BEDFORD ~ BELCHERTOWN ~ BELLINGHAM ~ BELMONT ~ BERKLEY ~ BERLIN ~ BERNARDSTON ~ BEBERLY ~ BILLERICE ~ BLACKSTONE ~ BLANDFORD ~
BOLTON ~ BOSTON ~ BOURNE ~ BOXBOROUGH ~ BOXFORD ~ BOYLSTON ~ BRAINTREE ~ BREWSTER BRIDGEWATER
~ BRIGHTON ~ BRIMFIELD ~ BROCKTON ~ BROOKFIELD ~ BROOKLINE ~ BUCKLAND ~ BURLINGTON CAMBRIDGE ~
CANTON ~ CARLISLE ~ CARVER ~ CHARLEMONT ~ CEDAR ~ CHARLESTOWN ~ CHARLTON ~ CHATHAM CHELMSFORD
~ CHELSEA ~ CHESHIRE ~ CHESTER ~ CHESTERFIELD ~ CHICOPEE ~ CHILMARK ~ CLARKSBURG ~ CLINTON ~ COHAS
SET~ COLRAIN ~ CONCORD ~ CONWAY ~ CUMMINGTON ~ DALTON ~ DANVERS ~ DARTMOUTH ~ EDHAM ~ DEERFIELD
~ DENNIS ~ DIGHTON ~ DORCHESTER ~ DOUGLAS ~ DOVER ~ DRACUT ~ DUDLEY ~ DUNSTABLE DUXBURY ~ EAST
BRIDGEWATER ~ EAST BROOKFIELD ~ EAST LONGMEADOW ~ EASTHAM ~ EASTHAMPTON ~ EASTON ~ EDGARTOWN
~ EGREMONT ~ ERVING ~ ESSEX ~ EVERETT ~ FAIRHAVEN ~ FALL RIVER ~ FALMOUTH ~ FITCHBURG ~ FLORIDA ~
FOXBORO ~ FRAMINGHAM ~ FRANKLIN ~ FREETOWN ~ GARDNER ~ GEORGETOWN ~ GILL~ GLOUCESTER ~ GOSHEN
~ GOSNOLD ~ GRAFTON ~ GRANBY ~ GRANVILLE ~ GREENFIELD ~ GROTON ~ GROVELAND ~ HADLEY ~ HALIFAX
~ HAMILTON ~ HAMPDEN ~ HANCOCK ~ HANOVER ~ HANSON ~ HARDWICK ~ HARVARD ~ HARWICH ~ HATFIELD
~ HAVERHILL ~ HAWLEY ~ HEATH ~ HINGHAM ~ HINSDALE ~ HOLBROOK ~ HOLDEN ~ HOLLAND ~ HOLLISTON ~
HOLYOKE ~ HOPEDALE ~ HOPKINTON ~ HUBBARDSTON ~ HUDSON ~ HULL ~ HUNTINGTON ~ IPSWICH ~ KINGSTON ~
LAKEVILLE ~ LANCASTER ~ LANESBOROUGH ~ LAWRENCE ~ LEE ~ LEICESTER ~ LENOX ~ LEOMINSTER ~ LEVERETT
~ LEXINGTON ~ LEYDEN ~ LINCOLN ~ LITTLETON ~ LONGMEADOW ~ LOWELL ~ LUDLOW ~ LUNENBURG ~ LYNN ~
LYNNFIELD ~ MALDEN ~ MANCHESTER ~ MANSFIELD MARBLEHEAD ~ MARION ~ MARLBOROUGH ~ MARSHFIELD ~
MASHPEE ~ MATTAPAN ~ MATTAPOISETT ~ MAYNARD MEDFIELD ~ MEDFORD ~ MEDWAY ~ MELROSE ~ MENDON ~
MERRIMAC ~ METHUEN ~ MIDDLEBOROUG ~ MIDDLETON ~ MILFORD ~ MILLBURY ~ MILLIS ~ MILTON ~ MONROE ~
MONSON ~ MONTAGUE ~ MONTEREY ~ MONTGOMERY ~ MOUNT WASHINGTON ~ NAHANT ~ NANTUCKET ~ NATICK ~
NEEDHAM ~ NEW ASHFORD ~ NEW BEDFORD ~ NEW BRAINTREE ~ NEW MARLBOROUGH ~ NEW SALEM ~ NEWBURY ~
NEWBURYPORT ~ NEWTON ~ NORFOLK ~ NORTH ADAMS ~ NORTHAMPTON ~ NORTH ANDOVER ~ NORTH ATTLEBOR
OUGH ~ NORTHBOROUGH ~ NORTHBRIDGE ~ NORTH BROOKFIELD ~ NORTHFIELD ~ NORTH READING ~ NORTH TIS
BURY ~ NORTON ~ NORWELL NORWOOD ~ OAK BLUFFS ~ OAKHAM ~ ORANGE ~ ORLEANS ~ OTIS ~ OXFORD ~ PALMER
~ PAXTON ~ PEABODY ~ PELHAM ~ PEMBROKE ~ PEPPERELL~ PERU ~ PETERSHAM ~ PHILLIPSTON ~ PITTSFIELD ~
PLAINFIELD ~ PLAINVILLE ~ PLYMOUTH ~ PLYMPTON ~ PRINCETON ~ PROVINCETOWN ~ QUINCY ~ RANDOLPH ~
RAYNHAM ~ READING ~ REHOBOTH ~ REVERE ~ RICHMOND ~ ROCHESTER ~ ROCKLAND ~ ROCKPORT ~ ROSLINDALE
~ ROWE ROWLEY ~ ROXBURY ~ ROYALSTON ~ RUSSELL ~ RUTLAND ~ SALEM ~ SALISBURY ~ SANDISFIELD ~ SAND
WICH ~ SAUGUS ~ SAVOY ~ SCITUATE ~ SEEKONK ~ SHARON ~ SHEFFIELD ~ SHELBURNE ~ SHERBORN ~ SHIRLEY ~
SHREWSBURY ~ SHUTESBURY ~ SOMERSET ~ SOMERVILLE ~ SOUTH HADLEY ~ SOUTHAMPTON ~ SOUTHBOROUGH
SOUTHBRIDGE ~ SOUTHWICK ~ SPENCER ~ SPRINGFIELD ~ STERLING ~ STOCKBRIDGE ~ STONEHAM ~ STOUGHTON
STOW ~ STURBRIDGE ~ SUDBURY ~ SUNDERLAND ~ SUTTON ~ SWAMPSCOTT ~ SWANSEA ~ TAUNTON ~ TEMPLE
TON TEWKSBURY ~ TISBURY ~ TOLLAND ~ TOPSFIELD ~ TOWNSEND ~ TRURO ~ TYNGSBOROUGH ~ TYRINGHAM ~
UPTON ~ UXBRIDGE ~ WAKEFIELD ~ WALES ~ WALPOLE ~ WALTHAM ~ WARE ~ WAREHAM ~ WARREN ~ WARWICK
WASHINGTON ~ WATERTOWN ~ WAYLAND ~ WEBSTER ~ WELLESLEY ~ WELLFLEET ~ WENDELL ~ WENHAM ~ WEST
BOYLSTON ~ WEST BRIDGEWATER ~ WEST BROOKFIELD ~ WEST WEST ROXBURY ~ WEST SPRINGFIELD ~ WEST
STOCKBRIDGE ~ WEST TISBURY ~ WESTBOROUGH ~ WESTFIELD ~ WESTFORD ~ WESTHAMPTON ~ WESTMINSTER ~
WESTON ~ WESTPORT ~ WESTWOOD ~ WEYMOUTH ~ WHATLEY ~ WHITMAN ~ WILBRAHAM ~ WILLIAMSBURG ~ WIL
LIAMSTOWN ~ WILMINGTON ~ WINCHENDON ~ WINCHESTER ~ WINDSOR ~ WINTHROP ~ WOBURN ~ WORCESTER ~
WORTHINGTON ~ WRENTHAM ~ YARMOUTH
2
2015 OFFICERS
President
Chief Douglas W. Mellis
East Longmeadow
1st Vice President
Chief Daniel R. Charette
Southbridge
2nd Vice President
Chief William G. Brooks, III
Norwood
3rd Vice President
Chief James A. DiGianvittorio
Middleton
Sergeant-at-Arms
Chief Steven Wojnar
Dudley
Treasurer
Chief Mark K. Leahy
Northborough
EXECUTIVE COMMITTEE
Chief Erik G. Blake
Oak Bluffs (Past President)
Chief Rodney C. Collins
Mashpee (Barnstable & Islands)
Chief Stephen E. O’Brien
Lenox (Berkshire)
December 2015
Vo l u m e
12-15
Features
President’s Message
Page
Mark Your Calendars
Page
General Counsel’s Corner
Page
Executive Director’s Report
Page
Chief William Brooks - 2016 Installation Ceremony Page
COPPER - Chief Michael R. Healy (Ret.)
Page
MPI Chief’s Training
Page
We Have Moved: MCOPA/MPI New Address
Page
MPI Class Schedule
Page
5
6
7
10
11
12
14
15
20
Chief Brian M. Clark
Norton (Bristol)
Chief Russell M. Stevens
Hamilton (Essex)
Chief John P. Paciorek, Jr.
Deerfield (Franklin)
Chief Jeffrey Farnsworth
Hampden (Hampden)
Monthly
Proposed Membership Applications
Save the Date - Annual Trade Show
Upcoming Events
In Memoriam
Page
Page
Page
Page
6
6
9
17
Chief Francis R. Fox, Jr.
Belchertown (Hampshire)
Chief Steven A. Mazzie
Everett (Major City Chiefs)
Chief James G. Hicks
Natick (Middlesex)
Chief Richard E. Smith
Wakefield (Middlesex)
Chief Richard Stillman
Walpole (Norfolk)
Chief Christopher D. Delmonte
Bridgewater (Plymouth)
Chief Brian A. Kyes
Chelsea (Suffolk)
Chief Patrick T. Foley
Douglas (Worcester)
Chief Scott Livingston
Winchendon (Worcester)
Chief Ernest H. Leffler
Bentley University (Campus)
Life Member
Chief Peter F. Roddy (Ret.)
Leominster
3
Publication of the
Massachusetts Chiefs of Police Association, Inc.
Address:
353 Providence Road, South Grafton, Massachusetts 01560
Telephone: 508-839-5723
Facsimile: 508-839-3702
Email:
[email protected]
Advertising: Contact Cheryl Lott at 508-839-5723
No portion of this publication can be reproduced or transmitted in any
form without the express prior written consent of the Association.
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President’s Message
Chief Douglas W. Mellis
2015 has appeared to have flown by for me since
my swearing in on December 4, 2014 in Ludlow, MA as the
President of the Massachusetts Chiefs of Police Association.
A new Governor and Lt. Governor were elected prior to my
installation and in all appearances this new leadership has
been very supportive of law enforcement throughout the
Commonwealth. I wish to thank so many people for their
support during this past year but am hesitant for fear of
missing someone. I really do need to thank Wayne Sampson as Executive Director, Cheryl Lott as office manager and
Dawn Nanni for all the in between calls to the office during
the year.
I look forward to seeing the Association continue to
grow under the leadership of incoming President William
Brooks of Norwood as well as the rest of the Chairs elect.
The time I had spent from the Sergeant-At-Arms position
to becoming President seemed o equate to me as being minutes. Then I checked the odometer of my cruiser and realized
there was serious traveling on the pike and other routes in
5
the Commonwealth!
As an association we accomplished many items during 2015. We no longer pay rent for our office as we have
moved into our own facility down the road from our former
office. We have a new Legal Counsel hired in June, Attorney
Eric Atstupenas who has hit the ground running in handling
legal issues for the Association as they arise. Through the efforts of 2nd Vice President Chief William Brooks and Major
City Chiefs President and Executive Board member Chief
Brian Kyes and Dan Zivkovich of the MPTC we presented a
two day training program in September for our membership
on the pillars of the 21st Policing program in Norwood, MA.
Many thanks to the support that the Mass Chiefs
continue to provide for the Jimmy Fund and high regards to
those that did the PAN AM ride and the Jimmy Fund Walk.
I wish all of you and your loved ones a very Safe and
Happy & Healthy Holiday Season as we move on into 2016!
Sincerely,
Doug Mellis
Proposed Membership
Applications
Active
Chief John Schlittler, Needham
Recommended by Chief Philip E. Droney (Ret.)
Chief John Carmichael, Walpole
Recommended by Chief Richard Stillman (Ret.)
Associate
None
Life
Chief Vincent C. Alfano (Ret.), Bolton
Mark Your Calendars
December 10, 2015
December Meeting and Installation of
2016 Officers
Four Points by Sheraton - Norwood, MA
Click here to register
SAVE THE DATE
MCOPA Annual Trade Show
April 6, 2016
Best Western Royal Plaza Trade Center
Marlborough, MA
6
General Counsel’s Corner
Attorney Eric Atstupenas
Public Records Requests: Disclosing Internal
Affairs Reports
Chiefs should be advised that if they have not already received a public records request to provide “copies of
all internal affairs reports” completed by their agency within
a specific period of time, they may receive one shortly. In
response to this request, the Massachusetts Chiefs of Police
Association (MCOPA) and Massachusetts Major City Chiefs
(MMCC) developed a memorandum explaining the position
of the MCOPA and MMCC, consistent with the Massachusetts public records law, with respect to such requests along
with a recommended course of action. To request a copy of
this memorandum, please email MCOPA Legal Counsel at:
[email protected]. Below is a brief synopsis of the MCOPA and MMCC position and recommendation.
1.
Applicability of Exemptions under the Public
Records Law to Internal Affairs Reports.
a.
Exemption (c) – Personnel Files
Exemption (c) applies to "personnel and medical
files or information; also any other materials or data relating to a specifically named individual, the disclosure of
which may constitute an unwarranted invasion of personal
privacy…" See G. L. c. 4, § 7(26)(c). The lead case, which
is instructive on this point is Worcester Telegram & Gazette
Corporation v. Chief of Police of Worcester, 58 Mass. App. Ct.
1 (2003), where the Court ruled that internal affairs reports
do not fall within exemption (c) of the public records law.
In the Worcester case, the Telegram & Gazette sought
to obtain access to a Worcester police department internal
affairs file pursuant to the public records law. The file contained materials that were compiled during an investigation
of a citizen complaint filed against a particular officer. The
City sought to withhold the entire file on the ground that it
was exempted under exemption (c) of the law. In particular,
the City claimed that the file was categorically exempt “personnel file or information” because it was part of a disciplinary report. The City argued that because internal affairs is an
investigatory process that leads to officer discipline, documents and reports in an internal affairs file are “disciplinary
documentation” and “disciplinary reports” within the ambit
of the decision in Wakefield Teachers Assn. v. School Comm.
of Wakefield, 431 Mass. 792 (2000). The Appeals Court disagreed, however, and ruled that the certain portions of the
7
internal affairs file, including the internal affairs report, must
be provided pursuant to the law.
Specifically, the Court noted that
The officers' reports, the witness interview
summaries, and the internal affairs report
itself clearly bear on the ultimate decision by
the chief to discipline or to exonerate [the
officer] based upon the investigation. However, that these documents bear upon such
decisions does not make their essential nature or character ‘personnel [file] or information.’ Rather, their essential nature and
character derive from their function in the
internal affairs process.
Worcester, 58 Mass. App. Ct. at 7 (emphasis added).
The Court further explained “[t]hat the
internal affairs process might lead to discipline, or even criminal action, does not
transmute all materials in an internal affairs investigation into a disciplinary report,
disciplinary documentation, or promotion,
demotion or termination information.”
Worcester, 58 Mass. App. Ct. at 8.
b.
Exemption (f) – Investigatory Materials
Exemption (f), provides that the following may be
withheld from disclosure under the public records law: investigatory materials necessarily compiled out of the public
view by law enforcement or other investigatory officials the
disclosure of which materials would probably so prejudice
the possibility of effective law enforcement that such disclosure would not be in the public interest. G. L. c. 4, § 7(26)(f).
This exemption was not discussed in the Worcester
case above, since the City never raised this exemption as a
reason for non-disclosure.
The Public Records guide published by the Division
of Public Records advises that
1 In Wakefield, the SJC advised that “While the precise contours of the legislative term ‘personnel [file] or information’ may require case-by-case articulation,
it includes, at a minimum, employment applications, employee work evaluations,
disciplinary documentation, and promotion, demotion, or termination information pertaining to a particular employee. These constitute the core categories of
personnel information that are ‘useful in making employment decisions regarding
an employee.’”… It would distort the plain statutory language to conclude that disciplinary reports are anything but ‘personnel [file] or information.’” Wakefield, 431
Mass. at 798.
continued on page 8
General Counsel’s Corner continued
Continued from page 7
The exemption allows investigative officials
to withhold materials that could compromise investigative efforts if disclosed. This
does not create a blanket exemption for all
records that investigative officials create or
maintain. Generally, a custodian must show
that release of the records would be prejudicial. For instance, a records custodian may
withhold any information relating to an ongoing investigation that could potentially
alert suspects to the activities of investigative officials.
Custodians may withhold confidential investigative techniques indefinitely since
their disclosure would prejudice future law
enforcement efforts.
Any details in witness statements, which
if released create a grave risk of directly or
indirectly identifying a private citizen who
volunteers as a witness are indefinitely exempt.
As a result, this exemption may arguably, still be
used to exempt certain portions of completed internal affairs
reports.
2.
Recommended Course of Action
In light of the above, agencies are advised to take the
following course of action with respect to such requests:
a.
Determine the number of internal affairs reports that are being requested. The request usually sets forth
a specific timeframe for the requested reports (e.g. all internal affairs reports for the past year).
b.
Determine the cost to locate, review, redact
and copy the requested reports. Keep in mind that agencies
may charge a pro-rated fee for search and segregation time.
The law advises that this fee is based on the hourly rate of
the lowest paid employee capable of performing the task. It
is almost always presumed that the lowest paid employee in
an agency is capable of search and segregation of records. In
this particular case, however, such employees are not likely
to have the ability to review internal affairs files. As a result,
the fee should be calculated based upon the lowest paid employee who has authorization to review such files. Agencies
should also determine any copy fees as well. Keep in mind
that the law allows you to charge $0.20 per page for copies
and $0.50 per page for computer printouts. In addition, even
if a response is requested in electronic format, a response
may nevertheless be mailed. In such cases, the agency may
also charge for postage.
c.
Once the cost has been determined to comply with the request, the agency should respond to the re-
8
questing individual within 10 calendar days of the request,
advising the requester that: (i) the agency will comply with
the request; (ii) the cost for the agency to comply with the
request; and (iii) that upon payment of the costs, the agency
will prepare the requested documents, including making any
necessary redactions in accordance with the law.
d.
When and if the requester pays the necessary costs, the agency should prepare the documents to be
disclosed. The agency should be sure to redact any information that it is entitled to redact under any and all applicable
laws (e.g. public records, CORI, domestic violence, personal
information, etc.).
e.
After redaction is complete, the agency
should consult with Town/City Counsel (if applicable) to ensure that all of the appropriate redactions have been made in
conformity with the law.
f.
After consulting with Town/City Counsel
(if applicable) the redacted reports may be released to the
requesting party.
Avoiding Some Common FMLA Mistakes:
Determining Employee Eligibility
One of the common mistakes that employers make
with respect to the Family Medical Leave Act is not properly determining employee eligibility. Municipal employers
should be aware that not all municipal employees are eligible
to take leave under the FMLA. In order for employees to be
eligible, three requirements must be met:
1.
The employee must have been employed at
least twelve months by the municipality;
2.
The employee must have worked for at least
1,250 hours during the preceding twelve months; and
3.
The municipality must employ at least 50
or more employees at the work site or within 75 miles of that
work site.
Let’s look at these three requirements a little closer.
A.
Requirement 1 -- Twelve Months of Employment
The 12-month employment requirement is calculated as of the date the leave begins, not the date leave is requested. As a result, if an employee requests FMLA leave
prior to working 12 months, the department will have to
project when the requested leave will begin in order to determine whether the employee is eligible.
In addition, the 12 months of employment do not
need to be consecutive. However, the employee must have
completed 12 months of employment within the last 7 years.
There are special rules where an employee’s break in employment was due to military service.
Note: 52 work weeks are equivalent to 12 months
of service. An employee is counted as having worked during
continued on page 16
UPCOMING
EVENTS
EXECUTIVE BOARD MEETINGS
12/10/15
9:00 am - Four Points by Sheraton Norwood
1/14/16
12:00 pm - MCOPA Headquarters
2/11/16
12:00 pm - MCOPA Headquarters
GENERAL MEETINGS/EVENTS
12/10/15
December Meeting/Installation Ceremony
Four Points by Sheraton - Norwood
4/6/16
Annual Trade Show - Royal Plaza Trade
Center, Marlborough, MA
9
Executive Director’s Report
Chief A. Wayne Sampson, (Ret.)
As we close out 2015 there were significant changes
for our membership and the Association as a whole. While
some were unexpected, some have been in the planning for
years.
Clearly, the retirement of long term legal counsel
Jack Collins caught everyone by surprise. Jack was the heart
and soul of this association for many years. Jack was certainly
dedicated to the cause, the inspiration of many programs and
initiated many causes. We still receive an occasional email
to make sure that we didn’t “miss” something important. I
am sure that from the many hundreds of chiefs that he has
helped, myself included, we still owe him a heartfelt thanks.
We were extremely lucky to have found Att. Eric Atstupenas
to fill this vital position in our Association. Eric has a solid
background in both law enforcement and the law. His infectious personality has brought a renewed enthusiasm and excitement to the office. Over the past six months, he has been
attending regional meetings to introduce himself and meet
as many chiefs as possible. He has been involved in legislative matters and has worked with our regional law enforcement councils. We appreciate the many positive comments
that we have received.
The bright spot of the year was for the Association
was to finally open our new permeant office at 353 Providence Road in South Grafton. Over the past thirty years, the
office has moved from Boston to Shrewsbury, then Grafton
and now our permanent location in South Grafton. The
Town of Grafton and especially Chief Norm Crepeau have
been terrific to both MCOPA and MPI. We cannot possible
thank them enough. Having a permanent location will allow us the opportunity to have sufficient office space for the
long term future as well as ensure the Association financial
stability that will meet long term goals of owning a mortgage
free office building.
continued on page 16
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Chief William G. Brooks, III
Norwood Police Department to be installed as MCOPA 2016 President
MCOPA December Business Meeting and Installation of 2016 Officers
Join us as Chief William G. Brooks, III of the Norwood Police Department will be sworn in as
our President along with the 2016 Officers and Executive Board.
Date:
December 10, 2015
Location: Four Points by Sheraton - Norwood
1125 Boston Providence Turnpike
Norwood, MA 02062
Schedule of Events
9:00 am
Executive Board Meeting
10:30 am General Business Meeting
11:30 am Carols by Norwood HS Madrigal Singers
12:00 pm Installation Ceremony with lunch to
immediately follow
NOTE: A reservation for the luncheon is REQUIRED.
11
COPPER
Chief Michael R. Healy, Ret.
December has kind of snuck up on us hasn’t it, or
at least the older I get the quicker time and seasons change.
With December comes a change in the leadership of our association. However, although every year we witness a change
in leadership of the MCOPA we do not see any change in
the problems and issues these new leaders have to deal with.
Year after year the same problems exist and consume a majority of their time. Those issues include obtaining funding
sources for State-wide programs and specialty needs from
ever dwindling State and Federal grants. To draft, promote
and monitor legislation that affects the law enforcement
community of Massachusetts. To identify ways departments
can address their increasing responsibilities with decreasing
resources and personnel through shared regional programs
and equipment and lastly to obtain the necessary funding to
provide uniform professional basic, in-service and specialized training across the Commonwealth. This year is no
different than years past. At the November meeting once
again the training issue came to the forefront with appointment of an academy director for the state position without
any input from the MCOPA or any police chief for that matter. The MCOPA through years of battles achieved the ability
to have a voice at the table when it came to training police
officers in Massachusetts. In the early years of the MPTC,
which in 1972 changed its title to the Massachusetts Criminal Justice Training Council (MCJTC) and was headed up
by Executive Director Gary Eagan, the MCOPA had little if
any representation or input. I co-chaired the MCOPA Training Committee along with Chief Don Maia from Amherst in
the late 80’s and early 90’s and we were constantly frustrated
with our inability to influence the MCJTC. Although Director Eagan was extremely accommodating he still was responsible to the Council and not police chiefs in Massachusetts.
An example of our inability to have input was evident when
Timothy Shepard died during a basic training program at
the Agawam Police Academy on September 19, 1988. Following Shepard’s death the media and publics focus was to
solicit a response from the local police chief and the MCOPA. Whereas the MCOPA had little input or oversight of the
training academies we were not able to provide the appropriate response. I do know that Chief Maia was instrumental
in bringing our committee together frequently over the next
several months to actively review our policies and procedures
with regard to training. However, these were the policies of
the MCOPA not the MCJTC. The MCJTC was not required
legally to acknowledge any direction from the MCOPA. The
first time I recall ever being asked as a police chief for input into the appointment of an Academy Director was when
then MCJTC Executive Director William Baker was filling
12
the Gardner Academy position with Howard Liebowitz. Executive Director Baker’s call to me was well appreciated but
was in no way required. I believe he called me through his
experience and frustration in his previous positions as a local police chief in dealing with the MCJTC. All this changed
in 2002 with legislative amendments giving police chiefs in
Massachusetts more control of the training of police officers
and input into the MCJTC which at the same time reverted
back to the original title of Municipal Police Training Committee (MPTC). At the meeting in November in Sutton it
was evident there were actions being taken within the MPTC
that were attempting to revert back to the days of Executive
Director’s Egan and Baker where police chiefs have less input
into who will be in charge of the Regional academies training their officers. Are we going full circle again?
I would like to take this opportunity to wish all my
brother and sister chiefs a wonderful holiday season with
much joy and prosperity and most of all good health. This is
the time of year to look back and be thankful for all we have,
all we have achieved and hope we have touched at least one
life in a positive way during the preceding twelve months. I
hope each of you and your families have a Merry Christmas,
Happy Hanukkah and safe and healthy New Year.
Thoughts for the Day
I haven’t verified this on Snopes yet, but it sounds legit: A recent study found that women who carry a little extra
weight live longer than the men who mention it.
Mystery Trivia
Last month’s trivia question asked, “What police
chief in the Commonwealth held the most police chiefs positions in their career”?
Several chiefs contacted me suggesting it was Chief
Tom O’Loughlin with Wayland, Wellesley, MBTA and presently Milford. A couple other chiefs said it was the late Chief
Joe Robello with Shutesbury, Monson, Stow and Kingsbury.
Both these chiefs were very active in the MCOPA and true
they never sewed their shoulder patch on their uniform they
were put on with Velcro. There were several others mentioned with multiple chief positions like Chief Bill Baker
with Southborough, Sutton, Seabrook, NH and Westbrook,
ME and add to that the Director of the MCJTC and Commissioner of Public Safety under Governor William Weld.
There were also Bob Miller with Twin Mountain (Carol),
NH, a town in Vermont I do not recall, Haverhill, NH and
retiring from Upton MA and Dan Skelly in Rehoboth, Duxbury and the Capital Police Departments. However, with full
continued on page 13
COPPER
Chief Michael R. Healy, Ret.
continued from page 12
time positions, interim and acting position I am not aware
of anyone with more chief ’s titles than yours truly with the
Worcester Housing Authority, Boston Housing Authority (Acting), Hubbardston, Westport, Millville, and Antrim,
NH. Second place went to Chief Ed Flynn with Braintree,
Chelsea, Springfield, Alexandria County, Virginia and now
Milwaukee. In between chief ’s jobs in Massachusetts Ed did
a stint as Secretary of Public Safety. We certainly have a large
segment of Nomads amongst us.
This month’s trivia question
How many Executive Directors has the MCOPA had
and what were their names?
Remember Chief Wayne cringes every month someone wins because your chief ’s meeting lunch comes out of
his pocket. Be the first to respond to topcopwpd1@gmail.
com
2015 Jimmy Fund Walk
Pictures courtesy of Chief Ryan
A Wise Person Once Said
We all love to spend money buying new clothes, but
we never realize and don’t like to admit that the best moments in life are enjoyed without clothes.
Having a cold drink on a hot day with a few friends
is nice, but having a hot friend on a cold night after a few
drinks - Priceless.
Pictures (People) from the past
Yarmouth Chiefs past and present. Chiefs Bob Chapman, Peter Carnes,
Mike Almonte and current Chief Frank Frederickson. Thank you Peter
Carnes.
13
Quote of the month:
“The world cares very little what you or I know, but
it does care a great deal about what you or I do.” Booker T.
Washington (1856-1915)
SLAINTE MHATH.
MPI Chiefs Training
Peter F. Roddy, Executive Director
Municipal Police Institute
With the requirement this year that chiefs must
comply with the veteran officer standard as well as chief ’s
mandatory training, chiefs will be required to complete:
•
Full day of legal updates (6 hours)
•
Half day of eyewitness identification (for those officers who did not take the class this year) (3 hours)
•
Half day of defensive tactics skills training (3
hours)
•
Half day of use-of-force concepts and tactics revisited (3 hours)
•
Half day to discuss emerging issues resulting from
the national dialogue regarding police training and community interactions (3 hours)
•
Online Critical Incident Response Protocol class
(1/2 hour)
•
Annual firearms training and re-qualification requirements
•
Meet the statutorily mandated CPR and first aid
training requirements
•
Fair and impartial policing (half day)
14
•
Community engagement (two hours)
•
Developing legitimacy and procedural justice (half
day)
•
Creating community collaborations for dealing
with persons with mental illness (2 hours)
Many have begun this training while attending the
MCOPA Training September 14 &15; some have not. With
this in mind and knowing how busy your schedules are,
MPI, in conjunction with MCOPA, is offering our online
service to all MCOPA chiefs as part of your 2015/2016
MCOPA dues. In other words, there is no additional cost to
you or your community.
We have begun posting our 2015/2016 programs
on our website, mpitraining.org. More will be available as
they are approved by the MPTC.
To take advantage of this program, please contact
Dawn Nanni for your login and password at 508.375.7782
or [email protected] We will help you get started.
If I can help you with any of your training needs,
please contact me at 508.839.5725 or proddy@mpitraining.
com
WE HAVE MOVED OUR OFFICES
All of us here at the Mass Chiefs would like to take this opportunity to
announce the location of our new office building and contact numbers.
MPI will also be joining us at our new building at:
353 Providence Road
South Grafton, MA 01560
You can reach us at the following main numbers:
MA Chiefs of Police Association
508-839-5723
508-839-5724
Municipal Police Institute
508-839-5725
508-839-5726
General Fax: 508-839-3702
Please note that there is no longer an 800 listing.
The following is a list of the direct lines for designated staff:
MA Chiefs of Police Association
Executive Director / Chief A. Wayne Sampson
Administrative Assistant / Cheryl Lott
General Counsel / Eric Atstupenas
508-375-7790
508-375-7791
508-375-7793
Municipal Police Institute
Executive Director / Chief Peter Roddy
Administrative Director / Dawn Nanni
Director of Training / David O'Laughlin
Media Director / Erik Abasciano
508-375-7781
508-375-7782
508-375-7784
508-375-7783
15
General Counsel’s Corner continued
Continued from page 8
a workweek if he or she was on the payroll for any part of
that week, including weeks in which the employee worked
only a few hours. An employee on paid or unpaid leave (such
as sick or vacation leave) is deemed to be on the payroll so
long as he or she receives any benefits or other compensation
from the employer.
B.
Requirement 2 -- 1,250 Hours Worked
Again, the 1,250 hour work requirement is calculated as of the date the leave begins, not the date leave is requested. As a result, in the event that the employee does not
meet the requirements as of the request date, the department
may have to estimate the hours to be worked between the request date and the leave date in order to determine eligibility.
The following are not included in calculating the required hours of service:
•
Any hours the employee is paid but does not
actually work.
•
Any time for which the employee was paid
and would have been allowed to work, but did not.
•
The hours an employee works on paid details unless the employee: (a) actually works for the municipality; and (b) is paid by the municipality.
Again, special rules apply where the employee leaves
in order to fulfill military obligations.
C.
Requirement 3 -- Employment of 50 or More Employees
The employer in this particular instance is the municipality and not the police department. As a result, it is the
municipality that must employ 50 or more people in order to
satisfy this prong of the test.
Unlike the other requirements, the determination of
whether 50 employees are employed within a 75 mile radius
is established at the time the employee gives notice of the
need for leave. Once an employee is deemed to be eligible, a
change in the number of employees will not change the employee’s eligibility.
In determining whether there are 50 employees the
primary consideration is the number of employees on the
municipal payroll. Fifty employees must have been maintained on the municipal payroll for each working day during
each of the 20 or more calendar work weeks in either the
current or previous calendar year.
BB Gun Not Considered a “Firearm” under
Armed Robbery Statute (G.L. c. 265, § 17)
In Commonwealth v. Garrett, the SJC ruled that a
defendant could not be convicted of armed robbery with a
firearm while masked based on the fact that he possessed a
BB gun while holding up a pizza shop and convenience store.
16
The SJC advised that “[n]othing within the framework of the
gun control act supports an interpretation that the Legislature intended to regulate BB guns in the same manner as it
regulates firearms…In sum, we conclude that a BB gun is not
a firearm for purposes of the armed robbery statute, G.L. c.
265, §17.”
Executive Director’s Report continued
Continued from page 10
December means the “Changing of the Guard” at
our annual meeting and installation of new officers. We
thank President Doug Mellis for his steady leadership during the year and his ability to approach critical situations not
only with professional dedication, but with a sense of humor.
(We needed it this year!) I am not sure how Doug manages
to devote so much of his time to a large number of charitable
causes throughout the year. Behind his friendly robust exterior is a very humble, sensitive spirit that shines brightly. We
have worked with Chief Bill Brooks for the last several years
and understand his commitment, drive and proven leadership in getting things done. Looking forward, I think the
best way to describe the upcoming years’ expectation is simply stated, “Buckle up, we are going for a ride”!!!
I would be remiss if I did not thank the membership of the Association for your complete support in dealing
with a recent issue with the MPTC. Your total commitment
and support of several of our members was critical in assuring that justice prevailed. Our representatives on the MPTC
have always had the best interest of police officers and the
public in mind when making decisions. Our Association
has never supported any state agency more in the past thirty
years than we have for the MPTC. We have committed our
own time, money, and political capital in order to provide
police officers with excellent training. Our representatives
have taken difficult votes and encourages futuristic training
to benefit our officers and the citizens of the entire Commonwealth. Together, we will continue to support several important pieces of legislation in the upcoming months.
As we close out another year, I would like to wish
every one of you and your families a very happy and safe
holiday season.
Town Manager Rod Collins (Mashpee Ret.)
receives his Life Member Watch
Church, 225 Purchase Street, Easton at 10:00 a.m. Interment
will follow in the Immaculate Conception Cemetery, Easton.
Easton Police Department
Visiting hours on Sunday from 2-6 p.m. In lieu of flowers
November 25, 2015
Walter Healey, 87, a lifelong resident donations in Walter's memory may be sent to the Wounded
and retired police chief for the Town of Warrior Project, PO Box 758517, Topeka, Kansas 66675. For
Easton died Wednesday evening at home directions or condolences visit www.kanefuneralhome.com
under the care of his family. He was the
Katherine Patricia Deveau
husband of the late Joan L. (McNamara)
mother
of
Retired
Watertown Police Chief Edward Deveau
Healey.
November 6, 2015
Born in Easton on November 22, 1928,
Katherine
Patricia “Pat” Deveau of Watera son of the late Walter and Catherine (Harlow) Healey, he
town died on November 6, 2015 at Brigham
was raised in Easton and was a graduate of Oliver Ames High
House Assisted Living. She was 83. Pat was
School. A veteran of the US Army he served as a staff serborn on March 18, 1932 in Somerville, Masgeant during WWWII. He continued his education later and
sachusetts, a daughter of the late Patrick and
was a graduate of Northeastern University in Boston where
Anna (Loftus) McCadden. With Irish immihe earned a bachelors degree in criminal justice
grant parents, County Donegal and County
He began his working career in real estate and in
Mayo respectively, she lived her life with a
1954 he took a position as a summer police officer for the
strong pride in her Irish heritage, her famTown of Barnstable and in 1956 he was appointed as a patrolily and her friends.Pat was the loving comman for the Town of Easton. Walter served as Police Chief for
panion
of
the
late
Bernard “Bernie” Walsh. She leaves her
the Town of Easton from 1978-1992, retiring after 36 years of
children, Arleen Coletti and her husband, Dan, of Waltham,
service to the community.
A former call firefighter and school bus driver for the Ed Deveau and his wife, Janet, of Boston, Karen D’Angelo
Town of Easton, he was a member of the Massachusetts Po- and her husband, Bob, of Fort Lauderdale, Florida, Brian Delice Association, The Massachusetts Chiefs of Police Associa- veau and his wife, Kathleen, of Park Ridge, Illinois and Dation, the VFW of Easton and was an active volunteer for the vid Deveau of Boca Raton, Florida; her grandchildren, Jena
Rossi and her husband Nick, Alicia Coletti, Jonathan and
Disabled American Veterans.
Walter was a former security officer at both the Rayn- Adam D’Angelo, and Andrew and Jared Deveau; her greatgrandchild, Luke Rossi; her brother John McCadden sister
ham Taunton Dog Track and the former Foxboro Stadium.
He was a longtime season ticket holder for the New Mary Darragh, late sister Nancy Lehan, and many nieces and
England Patriots and his hobbies included playing golf, cards nephews. Pat worked as a secretary in the Watertown Public
and having morning coffee with friends at Dunkin Donuts in Schools for more than 25 years. In her spare time, she enjoyed traveling with Bernie, taking in a Reagle Players show,
Easton.
Walter is survived by eight children, Christine Heal- reading and baking. She was also a true fashionista and could
ey of Easton, Barbara Boulay and her husband Rene of Mid- never pass up a good sale.
Family and friends will honor and remember Patridleboro, Maureen Mason and her husband Paul of Norton,
Peter Healey and his wife Alicia of Easton, Patrick Healey cia’s life by gathering for calling hours at Nardone Funeral
and his wife Lisa of Easton, Elaine Svendsen and her husband Home, 373 Main Street, Watertown on Sunday, November
Ken of PA., Kathleen Healey of Easton and Elizabeth Con- 8th, from 3 to 6 p.m. and again at 9 a.m. on Monday morning
nors and her husband Bob of Easton; 17 grandchildren, 10 before leaving in procession to St. Patrick’s Church, 212 Main
Street, Watertown where her Funeral Mass will be celebrated
great grandchildren, nieces, nephews, and cousins.
Relatives and friends are respectfully invited to at- at 10 a.m. Burial will follow at Saint Patrick’s Cemetery, Watend the funeral from Kane Funeral Home & Cremation Ser- tertown.
In lieu of flowers memorial donations may be made
vices, 605 Washington Street (Rte.138) Easton, on Monday
to
the
Catholic
TV, P.O. Box 9196, Watertown MA 02471
at 9:00 a.m. followed by a funeral Mass in the Holy Cross
Retired Police Chief Walter Healey
17
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19
Date
Seminar
Location
Cost
January 8, 2016
Post Promotional Suicide Prevention
Lynn Police Department
$169.00
January 11 – 15, 2016
Basic & Advanced Fingerprint Classification
and Comparison
Oxford Police Department
$480.00
January 12, 2016
Day 5 – Executive Development Series
Liability & Public Records
Grafton Police Department
$99.00
Advanced OUI Clinic
Bridgewater Police
Department
$179.00
January 12, 2015
January 14, 2015
Best Practices in Domestic Violence Response Holiday Inn, Marlborough
$179.00
January 19 – 21, 2016
Basic Digital Photography for Law
Enforcement
Hopkinton Police
Department
$375.00
January 22, 2016
Post Promotional Suicide Prevention
Maynard Police Department $169.00
Latent Fingerprint Recovery Techniques
Wilmington Police
Department
$480.00
January 26, 2015
Effective Community Engagement
Grafton Police Department
$169.00
February 1 – 5, 2016
Basic & Advanced Fingerprint Classification
and Comparison
Palmer Police Department
$480.00
Day 6 – Executive Development Series
Essential Interpersonal Communication Skills
and Leadership
Grafton Police Department
$99.00
February 16 – 18, 2016
Basic Digital Photography for Law
Enforcement
Palmer Police Department
$375.00
February 22 & 23, 2016
Assessment Center Testing Preparation
Grafton Police Department
$350.00
February 29 & March 1,
2016
Managing the Field Training Officer Program
Grafton Police Department
$280.00
March 1 – 3, 2016
Dust ‘n Bust
Acton Police Department
$375.00
March 8, 2016
Bulletproof Leadership
Grafton Police Department
$169.00
March 9, 2016
Streetology: Gangs & Graffiti
Holiday Inn, Marlborough
$169.00
March 14 – 18, 2016
Latent Fingerprint Recovery Techniques
Palmer Police Department
$480.00
March 15, 2016
Day 7 – Executive Development Series
Fundamentals of Crime Analysis: From
Conception to Implementation; PIO
Grafton Police Department
$99.00
Basic Digital Photography for Law
Enforcement
Acton Police Department
$375.00
Narco Pouch Drug Field Testing Certification
Bellingham Police
Department
$115.00
March 29 & 30, 2016
Intro to Drug Investigation for Patrol Officers
(2 Day)
Bellingham Police
Department
$280.00
March 31 & April 1, 2016
Search Warrant Preparation (2 Day)
Gardner Police Department $280.00
April 4 & 5, 2016
Search Warrant Preparation (2 Day)
Maynard Police Department $280.00
Latent Fingerprint Recovery Techniques
Foxborough Police
Department
Recruiting and Managing Sources of
Information and Confidential Informants
Maynard Police Department $280.00
January 25 – 29, 2016
February 16, 2016
March 15 – 17, 2016
March 28, 2016
April 4 – 8, 2016
20
April 6 & 7, 2016
$480.00