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Millbury probe of police officer's alleged misconduct cost $43,000


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.