MILLBURY — A seven-month investigation into allegations of
misconduct by a Millbury police officer cost the town more than $43,000 and
found that only one of the 10 general allegations, engaging in conduct
unbecoming an officer by threatening to hurt another member of the Police
Department's career, was sustained.
The Board of Selectmen dealt with the infraction as an
administrative matter.
The Telegram & Gazette obtained through a public records
request a redacted copy of the 161-page investigative report into allegations
against Officer Daniel Daly, which was filed with the town in March by Special
Lt. Richard Bates.
Lt. Bates, a member of the Worcester Police Department who
has expertise in internal affairs, was sworn in by Millbury officials on Aug.
4.
Millbury payroll records show that Lt. Bates was paid
$23,012 between August
and March.
In addition, the town has paid Mirick O'Connell in Worcester
$20,860 for legal services related to the case so far.
According to the report, selectmen initiated the
investigation after a preliminary investigation by Worcester District Attorney
Joseph D. Early Jr. and the Massachusetts State Police's Worcester Detective
Unit.
Then-Police Chief Richard L. Handfield, who went on leave in
July before retiring at the end of the year, and Town Counsel Demitrios Moschos
of Mirick O'Connell had contacted state police and the district attorney in
January 2011 about allegations against Officer Daly.
Criminal charges were not pursued but it was recommended
that the town follow up with an internal investigation.
Selectman E. Bernard Plante, who serves as board chairman,
said, “When a police chief brings a problem to you, it's our duty to act.”
Officer Daly was placed on administrative leave during the
investigation and returned to his position after the report was filed in March.
Mr. Plante said a letter has been placed in the officer's file, but he declined
to discuss the matter further since it involves personnel.
Lt. Bates also found that there were no systems in place to
update and disseminate to staff a department policies and procedures manual or
its list of rules and regulations.
He reported that the rules and regulations manual was at
least 40 to 50 years old.
Mr. Plante said that since Sgt. Donald Desorcy served as
acting police chief from July to October, and Mark S. Moore was appointed
provisional police chief in October, the department has been updating policies
and procedures frequently on such things as how evidence is handled .
“I think they're doing a bang-up job of bringing us
up-to-date,” he said.
In a statement released after the conclusion of the
investigation, Mr. Plante said, “The Board of Selectmen has full confidence in
Chief Mark Moore that he will command the department in unity, with discipline
and good order.”
Mr. Plante said that since the police chief's position was
under Civil Service at the time of the alleged misconduct and subsequent
investigation, the board's hands were “basically tied” regarding its
involvement in the department's management.
Voters at the annual town meeting May 1 removed the police
chief's position from Civil Service, so it is now an administrative position
comparable to other department heads.