PAX Centurion - November / December 2013

www.bppa.org PAX CENTURION • November/December 2013 • Page 29 salutes our friends of the Boston Police Patrolmen’s Association 150 Freeport Street Dorchester, MA 02122 Martin Lynch Tel: 617-282-4200 Fax: 617-288-6449 msautobody@aol.com Over 30 years tax experience working with Police Officers. Nicholas Puopolo, RTP, will be joining the firm this year. From Vice President on page 5 politi cally motivated 180 is advanced, “accepting as truth O’Brien’s charge that William’s attacked him for no reason, knocked him to the ground, grabbed him around the neck and strangled him to the point of unconsciousness”. The Department realizes it certainly can’t uphold the last-minute “face saving” termination based on the handful of initial questions so a “truthfulness” charge will be needed to enhance the case for termination given the realization that an impartial and nonaligned examination of the facts will be forthcoming. So the yet to be asked questions and answers that were not solicited in the initial interview will be considered an intentional omission of pertinent facts by Officer Williams in the subsequent interview. Based on the predetermined do-over to no-one’s surprise…approximately 2 years later David is terminated. This case gives true insight into the 4 th floor playbook featuring textbook, shell-game misdirection where asserting “choke and strangle” is the issue while simultaneously running away from the real issue involving the lack of an investigation. Outside perception combined with inside anxiety generates a $1.4 million dollar windfall for a two day twister. A scheduled deposition would be a nightmare of Q andA regarding any and all Department deficiencies. A likely decision was made to avert the deposition for the Commissioner and pay the $1.4 ransom at David’s expense. Approximately nine days after the arbitrator’s award the Boston Globe Editorial Board weighs in by chastising arbitrators’ decision making. With the theme being “out of control officers find comfort in arbitration”. The arbitrator in his award goes on to differentiate between choking and strangling an individual as opposed to restraining or attempting to control an individual as in this case. Even the ensuing, lead investigator is cognizant of changes to his original beliefs after a reenactment clarified the positioning and actions of the parties regard- ing the alleged choking segment. The Globe’s opinion is intended for a limited audience, clearly meant to influence future arbitration decisions such as our recently concluded interest arbitration. While finishing the piece Larry Harmon states “This is deeply dispiriting. If the Police Department’s version of events is true, then there is little likelihood that rogue officers will be held accountable for misdeeds. If the arbitrator is right, the public got taken for a $1.4 million ride.” There is no doubt what happened in this instance… just read the transcripts, both briefs and the award and in one representation you’ll see a balanced, unbi- ased, thorough rendering of the facts which fortunately take credibility and motive into account. I understand the political rationale for avoiding an embarrassing deposition and the need for a questionable appeal after whining to the Globe but the legal standards governing a court’s review of an arbitra- Council approves funding tor’s decision are quite limited. “Absent fraud; errors of law or fact are not sufficient grounds to set aside an award. An arbitrator’s result may be wrong; it may appear unsupported; it may appear poorly reasoned; it may appear foolish.Yet, it may not be subject to court interference.” The $1.4 million decision was less about David’s action and more about the Department’s inaction that led to the gift. This was a disgrace as is the current appeal. Merry Christmas and a Happy NewYear! In closing, I honestly hope that nobody was offended by my writings. In no way was that my intent, but my beliefs are still my beliefs. I cannot fathom that any attempt to spread goodwill could offend anyone but we are living in a different world where some people are offended by those two very special words, Merry Christmas. Those two words alone gener- ate kindness and happiness. As I stated in the beginning of this article, let’s not forget what this season is really all about. Even though it seems like it is about toys for the kids and office parties and work bonuses it really isn’t. It is a season of love, a season of kindness, a season of forgiving, a season of reflection and a season of thankfulness. I just want to thank those who took the time to read this article and hope that you were able to take something positive away from it. I ask that all of our members are careful while on patrol and at work and I want to wish everyone a very Merry Christmas season. From Treasury Notes on page 9 Reflections at Christmas time