Town of Falmouth v. Civil Service Commission

814 N.E.2d 735, 61 Mass. App. Ct. 796, 2004 Mass. App. LEXIS 997
CourtMassachusetts Appeals Court
DecidedSeptember 9, 2004
DocketNo. 03-P-941
StatusPublished
Cited by14 cases

This text of 814 N.E.2d 735 (Town of Falmouth v. Civil Service Commission) is published on Counsel Stack Legal Research, covering Massachusetts Appeals Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Town of Falmouth v. Civil Service Commission, 814 N.E.2d 735, 61 Mass. App. Ct. 796, 2004 Mass. App. LEXIS 997 (Mass. Ct. App. 2004).

Opinion

Kafker, J.

After a disciplinary hearing pursuant to G. L. c. 31, § 41, the town of Falmouth suspended police officer Theodore Williams for ten days for conduct unbecoming an officer and untruthfulness.2 On appeal, the Civil Service Commission (commission) also essentially found conduct unbecoming an officer and untruthfulness, but nonetheless reduced the suspension from [797]*797ten days to five because not all the objectionable conduct found by the town had been proved to the commission. The commission made no findings suggesting that political considerations or bias played any part in the town’s decision. The issue presented is whether the commission has substituted its judgment for the town and exceeded its authority. We conclude that it has and therefore reverse the decision of the Superior Court affirming the commission.

Facts. At the time of the altercation at issue, Peter Haddad was the live-in boyfriend of Officer Theodore Williams’s ex-wife. On February 2, 2000, Haddad was dropping one of Williams’s sons off at the town ice rink for hockey practice when Williams confronted him. The usual practice, not followed that day to Williams’s dismay, was for Williams to pick his son up at his ex-wife’s home, when off-duty, and drive him to the rink. During the confrontation, Williams threatened Haddad and launched into a profane tirade, yelling vulgarities and various insults, all within the earshot of children and their parents.

The town administrator found that Williams spat on Haddad. The commission concluded, however, that there was “insufficient” evidence to support this finding. Although Haddad testified to Williams’s spitting on his cheek, another witness did not see the spitting, and a different witness only testified to seeing a spitting motion.

After entering the rink, Haddad called the Falmouth police department, and Sergeant Jeffrey Smith was sent to the rink to investigate the incident. When questioned, Williams denied seeing Haddad that day. Although Smith advised both men to avoid further contact, the confrontation was renewed when the men exited the rink.

Haddad contends that Williams turned and “propelled” his son’s hockey equipment bag at him. The commission and the town administrator made different findings on this point. The administrator found that “Officer Williams threw the hockey bag he was holding at Mr. Haddad, hitting Mr. Haddad in the chest. Although Officer Williams needed to transfer the hockey bag to Mr. Haddad, he did not need to throw the hockey bag at Mr. Haddad.” The commission found that Williams, “who had his son’s equipment bag on his shoulder, turned and intended to [798]*798throw the bag to the ground. Because Haddad was so close to [Williams] the bag struck him.”

Later that day, Haddad filed a civilian complaint against Williams. Williams was then “ordered to complete a report detailing [his] knowledge of the allegations.” Williams responded, stating that Haddad’s allegations were false and expressing his hope that “the complaint of perjury would be brought against Mr. Haddad.” After receiving Williams’s report, Captain O’Neill wrote to the officer, emphasizing that his report failed to answer the allegations in the complaint. Williams then acknowledged that he “did engage in a short conversation with Peter Haddad” as the two exited the hockey rink and that he called him a coward. Williams admitted that he threw the hockey bag to the ground in frustration, but denied intending to hit Haddad with it and also denied cursing at him, threatening him, or spitting on him.

The town administrator found “the charges against Officer Williams were sustained by the evidence presented.” The town administrator rejected the argument that this was a private matter between Haddad and Williams, concluding that “Officer Williams displayed this conduct within the Town of Falmouth in front of Falmouth citizens, who know that he is a police officer.” Although viewing the officer’s “difficult personal circumstances as a mitigating factor,” those circumstances were not found to “excuse” the officer’s tirade. The town administrator concluded that the “Town has a right to expect that its police officers will exhibit self control and refrain from engaging in threatening and intimidating conduct. I find that Officer Williams’[s] behavior was conduct unbecoming a Falmouth police officer and deserving of a suspension.”3

The town administrator also considered the allegations of untruthfulness, noting that “[a] breach of the standard of truthfulness is a serious offense for a police officer.4 The Town [799]*799needs to be able to rely upon its police officers to provide truthful information . . . [and] courts need to be able to rely on the testimony of police officers .... When a police officer lies, it has a negative impact on the credibility of the entire department.” The administrator found that Williams initially lied to Sergeant Smith when Smith came to the rink to investigate; Williams told Smith that he had not seen Haddad that day. Further, Williams “compounded his mistake by making a false official report to Captain O’Neill.” The administrator found “nothing in the facts presented ... to mitigate Officer Williams’[s] breach of the standard of truthfulness.” In conclusion, the town administrator found that “these offenses warrant a 10 day suspension.”

Pursuant to G. L. c. 31, § 43, Williams appealed his suspension to the commission, which determined that “[discipline is warranted in this matter.” The commission found that Williams insulted, yelled, and cursed at Haddad. The commission ruled that Williams’s “conduct on February 2, 2000, was inappropriate. He lied to his superiors when asked about the incident.” However, “[b]ased on the facts found, and the fact that there was evidence of only one prior discipline in 1991[J . . . and that not all of the charges ha[d] been prove[d], the Commission modifie[d] the discipline imposed to a five (5) day suspension.”5 The commission went on to state that the officer is “now on notice that such conduct is unacceptable.”

The town sought judicial review of the commission’s decision in Superior Court pursuant to G. L. c. 31, § 44, and c. 30A, § 14. In upholding the commission’s modification, the Superior Court judge relied on the commission’s “considerable” authority to modify the sanction, writing “[f]or better or worse, the Town’s commendable desire to hold its police officers to the highest standards of professional conduct ... is subject to the reviewing authority of the Civil Service Commission.” The town then appealed to this court.

[800]*800Discussion. A person aggrieved by a decision of the appointing authority made pursuant to G. L. c. 31, § 41, may appeal to the commission. General Laws c. 31, § 43, as appearing in St. 1981, c. 767, § 20, provides, “[i]f the commission by a preponderance of the evidence determines that there was just cause for an action taken against such person it shall affirm the action of the appointing authority, otherwise it shall reverse such action .... The commission may also modify any penalty imposed by the appointing authority.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Diaz v. City of Somerville
D. Massachusetts, 2022
State Board of Retirement v. O'Hare
91 N.E.3d 677 (Massachusetts Appeals Court, 2017)
Desmond v. Town of West Bridgewater
33 Mass. L. Rptr. 364 (Massachusetts Superior Court, 2016)
McGuiness v. Department of Correction
465 Mass. 660 (Massachusetts Supreme Judicial Court, 2013)
Durkin v. Boston Retirement Board
981 N.E.2d 763 (Massachusetts Appeals Court, 2013)
City of Attleboro v. Massachusetts Civil Service Commission
30 Mass. L. Rptr. 345 (Massachusetts Superior Court, 2012)
Maynard Retirement Board v. Justices of Concord Division
28 Mass. L. Rptr. 591 (Massachusetts Superior Court, 2011)
Raymond v. Civil Service Commission
25 Mass. L. Rptr. 322 (Massachusetts Superior Court, 2008)
Massachusetts Department of Correction v. Mullen
23 Mass. L. Rptr. 135 (Massachusetts Superior Court, 2007)
Registry of Motor Vehicles v. Stevens
22 Mass. L. Rptr. 608 (Massachusetts Superior Court, 2007)
Town of Falmouth v. Civil Service Commission
857 N.E.2d 1052 (Massachusetts Supreme Judicial Court, 2006)
New Bedford v. Goldblatt
20 Mass. L. Rptr. 525 (Massachusetts Superior Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
814 N.E.2d 735, 61 Mass. App. Ct. 796, 2004 Mass. App. LEXIS 997, Counsel Stack Legal Research, https://law.counselstack.com/opinion/town-of-falmouth-v-civil-service-commission-massappct-2004.