Waltham, Mass PD Requires Improvement According to Report
Mayor vows action on police probe - Report recommends further investigation
By Stephanie V. Siek, Globe Staff, June 8, 2006
Waltham, Mass. After an independent probe found evidence of nepotism, preferential treatment, and other possible misconduct within the Waltham Police Department, Mayor Jeannette McCarthy vowed action against employees named in the investigator's report.
But McCarthy declined to spell out what those measures would be, nor would she reveal any names or how many employees were involved. She said she wanted to talk with Police Chief Edward Drew about the report's findings, with their meeting scheduled for yesterday.
The report did not suggest specific disciplinary action, but recommended further investigation in several cases.
``I have followed up with each of the 35 issues in the report. That's all I'm going to say," McCarthy said on Monday. She had ordered the probe in March in response to issues brought to her attention ``through personal conversations, anonymous letters, or other means," the letter accompanying the report states.
A copy of the report, dated May 16, was given to Globe West in response to a public records request; names and titles of personnel were blacked out.
In his report, investigator Warren J. Rutherford, with the Marstons Mills-based Rutherford Advisors Inc., stated that:
Eight matters should be referred to the Massachusetts State Ethics Commission for further investigation.
Five matters should be referred to the city's Personnel Department for further action.
Three allegations cannot be resolved without additional information, such as medical records, to which he was not allowed access.
Ten allegations were unsubstantiated or did not violate state law or department policy.
Two allegations should be resolved by the Waltham Retirement Board and/or the Patrolmen's Union. One matter involves a dispute over the number of compensatory hours credited to a retiring officer. The other involves whether the practice of allowing supervisory officers to take unmarked cars home should be viewed as a benefit and thus increase the amount of their retirement compensation.
Rutherford recommended that the State Ethics Commission look into whether a police official -- whose name was blacked out -- manipulated the civil service reserve list to appoint or promote a relative or someone else who presented a potential conflict of interest.
The report states that other appointments ``raise serious question " about whether another official also manipulated the reserve list.
The civil service reserve list consists of individuals who have passed the civil service test and meet the requirements to become a Waltham reserve police officer. If the department had used the regular civil service list, it would have been obligated to select from those who scored highest on the exam. The Globe has requested a copy of the reserve list, but it had not been turned over by Tuesday.
Rutherford recommended that the department rescind the practice of relying on the reserve list, which began under the administration of Chief Drew's predecessor, Stephen H. Unsworth .
In an interview Tuesday, Drew said he would comply with the recommendation. He said the reserve list had given the department the flexibility to hire officers quickly without having to call for a regular listing every time there was a vacancy.
In particular, Rutherford said, he suspected preferential treatment in three hirings, for a background investigator for civil service patrol officer appointments; a sergeant; and a detective.
In the case of the background investigator, an employee involved in the hiring process told Rutherford he was pressured to include the person who was eventually appointed. In the sergeant's case, another employee told Rutherford that he was pressured to call the appointing authority and ``tell her of the other candidates' shortcomings," according to the report, which indicated that the employee refused to do so.
Rutherford expressed concern that one top official did not disclose to the state in a timely fashion a potential conflict of interest . Rutherford suggested the city adopt a nepotism policy that establishes a written procedure for handling conflicts of interest within city departments.
Drew denied any wrongdoing in how he leads the department. The chief declined to say whether he or his relatives are among those referred to in the report.
``As part of my compliance with ethical standards, I've asked for opinions from the State Ethics Commission and law department and I've written letters to the present mayor and previous mayor," Drew said of his practice regarding potential conflicts of interest. ``I take great pains to take a hands-off policy regarding any of my relatives."
Drew confirmed that his daughter Danelle Hart , son-in-law Patrick Hart , and his son-in-law's brother, Daniel Hart, all work on the force. He also said he has a second daughter on the force.
Rutherford's report also states that an official showed favoritism in deciding whether certain employees were allowed to return from sick leave. In one case, an officer returning from an off-duty illness or injury was allowed to return to light duty without a required medical clearance. Another officer was allowed to take leave without supplying required medical information, the report said.
Drew said that in regards to the matters referred to the State Ethics Commission, he is confident he will be cleared of any violations.
``I view this as an opportunity to move forward with the business of the Police Department, to get this behind us and move forward," Drew said.
Stephanie V. Siek can be reached via e-mail at ssiek@globe.com .
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