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The cops, the firefighters, the misconduct

The cops, the firefighters, the misconduct

SPECIAL REPORT - ATTLEBORO - Liars, bullies, thieves, drug dealers and drunks are not the kind of people who should work in public safety, and - for the most part- they don't, here or elsewhere.

But in Attleboro, a number of cops and firefighters have slipped into some of those roles recently at what seems to be an alarming rate.

While city officials say the vast majority of its public safety officers are straight arrows dedicated to protecting lives and property, there have been at least eight incidents of misconduct or alleged misconduct ending in retirements, resignations, termination and other penalties in the past 20 months.

Seven of the 166 frontline public safety workers, which includes 82 firefighters, 75 cops and nine police dispatchers, have been in trouble with the law and penalized since July 2010.

And at least one other, whose identity is unknown for the moment, is under investigation regarding the theft of heroin and other narcotics from a police evidence locker.

All told, that's 4.8 percent of the city's public safety personnel who have or will be punished for actions on or off duty.

How that has come to be is not easily answered. Is it bad luck, bad hiring, bad discipline or something else?

Is it a higher rate than other cities and towns?

Mayor Kevin Dumas said he doesn't know the answers to those questions for certain, but he's sure that Attleboro is far from alone in its battle with discipline problems.

"Every single municipality has similar issues," he said. "Some more and some less."

Dumas said any large employer, such as the city or a big business, is going to have discipline problems - human beings being what they are.

"If (a big employer) has zero problems, I think there's something wrong," he said.

While Dumas said he doesn't know how Attleboro stacks up against other cities or what's considered a "normal" discipline rate, he promises that when a city employee goes wrong, decisive and swift action will be taken.

It's important to establish clear expectations regarding behavior, as well as the message that straying from the straight and narrow won't be tolerated, Dumas said.

"I think we're unique in that way," he said. "You have to deal with issues immediately or they are going to get worse.

"It doesn't matter who it is. You have to do what you have to do. I think it's clear that we've dealt with employee misconduct as it's been brought to our attention."

The mayor's actions over the past 20 months seem to back up his words.

So far, five of the seven public safety officers who have crossed or allegedly crossed the line between legal and illegal territory or ethical and unethical behavior have lost their jobs as a result. The terminations came by forced retirement, forced resignation or firing.

Three others suffered suspensions without pay and other penalties.

The highest ranking official to lose his job because of alleged misconduct was former Police Chief Richard Pierce, who was snared in an apparent ethical violation by involving himself in a probe of his son, a patrolman, who was being investigated for allegations of excessive force during an arrest.

Pierce denied any wrongdoing, but acceded to a demand by Dumas to step down in November 2010.

Meanwhile, Pierce's son, Richard Pierce Jr. was found to have lied about his use of a Taser during the arrest, and was fired after an internal investigation. He's appealed that action to the state Civil Service Commission.

The termination of the younger Pierce took place after a probe by A.P.D. Management Consultants, a private investigative agency run by an ex-police chief from Tewksbury.

In addition to the Pierces, longtime police Capt. Al Monte was the focus of an investigation into what Dumas described as "overtime abuse" in 2010. Monte decided to retire in July of that year in the wake of an investigation by the Hampden County District Attorney's Office.

In an agreement with the city, Monte gave up $38,000 in unused sick time and vacation pay. He denied any wrongdoing and was not charged with any crime.

The last month of 2011 was especially bad for police.

Dispatcher Edward A. Gingras II was arrested after allegedly receiving marijuana in the mail as part of a drug ring operation.

Police Chief Kyle Heagney demanded and got his resignation.

Gingras, who is not to be confused with a police officer also named Edward Gingras, pleaded innocent to the charges in Taunton District Court last week.

And later in December, Heagney revealed that the department was in the middle of a probe over the theft of heroin and other narcotics from the police evidence locker.

That investigation, also by A.P.D., is ongoing.

Meanwhile, the fire department has been getting plenty of its own bad press.

Most recently, veteran firefighter and paramedic Michael Wilson was arrested and charged by federal agents with attempted possession with intent to distribute oxycodone and anabolic steroids and possession of the two drugs with intent to distribute.

Wilson, a 25-year firefighter, was convicted of other crimes earlier in his career with the city, but remained employed as a firefighter.

According to fire department records, he was disciplined only once, despite three criminal convictions that took place in the administration of former Mayor Judy Robbins.

An arrest and conviction in 1996 for breaking and entering and assault garnered him a 24-hour suspension without pay. Two other convictions, one for bribing a Rhode Island public official in 2000 and shoplifting in Taunton in 2001, apparently were not penalized.

Robbins said she has no recollection of dealing with any matter concerning Wilson, and indicated that misconduct was handled inhouse by the fire department.

"I think it was probably handled very quietly within the fire department," she said.

Former Fire Chief Ronald Churchill declined to return several telephone calls seeking comment on the matter.

When Wilson was arrested on Feb. 1, Fire Chief Scott Lachance suspended him without pay for a week - two 24-hour shifts - the harshest penalty he could impose under Civil Service regulations.

Wilson resigned eight days later as the city began termination proceedings.

Another longtime firefighter, John Churchill, the son of the former chief, was put on probation this month in a court case for an off-duty drunken-driving crash last year.

Lachance said other penalties were assessed to Churchill last year, but did not specify them.

And in a case involving racial harassment that became public in March 2011, fire Capt. Dennis Perkins was found by the Massachusetts Commission Against Discrimination to have harassed an African-American subordinate for years.

The city was required to conduct anti-harassment training for the whole department, as a result.

Perkins had been suspended without pay, prior to the MCAD case. He appealed the suspension to the Civil Service Commission, which has yet to rule.

Both chiefs support prompt and tough action with problem employees, they said during a joint interview that included Dumas.

"You're looking at three people who hold their employees accountable," said Heagney, who's ruffled some of his troops with comments about the need for officers to cooperate in investigations against their own if they know of bad behavior.

Not to do so, decreases the integrity of the department as a whole, he said

Lachance, like the mayor, said swift action in the case of misconduct is key.

It's necessary to maintain morale and to show others that there's no gray area when it come to obeying the rules.

While there may have been less emphasis on discipline in the past, Lachance said he believes the current approach is having an effect.

He points to the resignation of Wilson as an example.

Lachance said that, years ago, Wilson might have chosen to fight the dismissal.

"I think the culture is already changing," Lachance said. "I think if this were five years ago, he would not have resigned."

Dumas said Heagney, who's been on the job for five months after serving 10 months as acting chief, and Lachance, who's been on the job for 20 months, are trying proactive measures to ensure the city hires the best.

Dumas said he decided two years ago the hiring process for public safety officers was flawed.

For decades, all it took was a recommendation from a fire or police chief to get someone hired.

The chiefs did the interviewing and made sure candidates passed background checks and were otherwise qualified to be trained in police or fire work, Dumas said.

Neither the city's personnel consultant, nor the mayor, had a significant role in the process, even though the mayor is the appointing authority.

Now, public safety candidates go through an interview with the chief of the department and the personnel consultant, and then another interview with the mayor, personnel consultant, the chief and sometimes another member of the department.

Dumas said the change was made to create a more consistent and comprehensive process.

A tougher interview process doesn't ensure that mistakes won't be made, but Dumas said he believes it reduces the chances of hiring a proverbial "bad apple."

And because two of the public safety officers who got into trouble were the sons of chiefs and were hired in the tenure of their fathers, the extra scrutiny seems even more important.

But despite recent troubles, Dumas stands fast in his support of the 95 percent who did not get into trouble, saying repeatedly, the actions of wayward individuals do not reflect the attitudes or actions of the majority, who are honest, dedicated and hard working public servants.

He said the city's public safety employees are determined to be the best.

Heagney and Lachance echoed those sentiments.

Both make it clear they stand by the men and women serving under them, saying they are top-of-the-line and have been unfairly stigmatized because of those that strayed.

"The majority of our officers are ethical, professional and moral and do an outstanding job," Heagney said. "They put their lives on the line every day, and I'm very proud of that."

When Lachance took over in July 2010, he said his firefighters embraced the opportunity to be better at their jobs and to exceed common standards of performance.

That hasn't changed, he said.

"They want to be held to a higher standard, and most of them meet that standard every day - and then some," he said.