PAX Centurion - Summer 2017

www.bppa.org PAX CENTURION • Summer 2017 • Page 11 From Secretary on page 8 Secretary’s thoughts… 281 Neponset Ave. Dorchester 617-265-2665 Full Day Preschool – $45.00 Secure Play Area 4,000 sq. ft. 3 Classrooms 2 yrs. 9 mo. to 6 yrs. Massachusetts Early Education License #291031 • Daughter of a BPPA Retiree Neponset Preschool www.NeponsetPreschool.com 100 Everendon Road Canton, MA 781-828-4444 www.BrookmeadowGolf.com $5.00 OFF for ALL EMS and BPD Monday thru Friday Expires December 2017 trip. The job they did was simply put: incredible. We (the BPPA) are in receipt of many texts, emails and calls from those who utilized our Canteen Truck. The NYPBA was overwhelmed with the support that Boston has once again shown them during a tragic time. For those of you, particularly young officers, that have never had the occasion to attend a line of duty police funeral let me say two things… 1) I hope with all my heart and all that is good in the world you never will have to make that trip and 2) (sadly recognizing the unlikelihood of that) please go. It is the ultimate conundrum of this profession. It is a horrific event that caused the gathering. When you do gather you get a sense of pride and respect for your profession.You realize that although the soul wrapped in the flag that is guided by is tragically gone forever, as a police officer you will never be alone and you will always be remembered for what you did. That may sound foolishly sentimental, maybe even sappy, but I believe it to be true. BPPAMember Dave Williams Arbitration Upheld E very once in a while, something comes through the BPPA that makes it all seem worthwhile. Today was one of those days. Early this morning the BPPA received notification that SJC- 12077 “City of Boston vs Boston Police Patrolmen’s Association” had been decided. This case is commonly referred to as “the Dave Williams” case. The Supreme Judicial Court affirmed the Superior Court Justice’s decision, which confirmed an independent Arbitrator’s earlier decision that BPPA member Williams should not have been fired and must be returned to work. This is tremendous news for Dave. He has been put through a ringer for 5 years now for simply doing his job. Though educated, impartial people have said it was wrong to terminate him, his case continued to be challenged. Finally, the SJC, the highest Court in the land for state law, has ruled what Dave, the BPPA membership and others have known all along. He should not have been fired. The City made the argument that any Commissioner has the nondelegable power to discipline officers. Essentially whatever the sitting Commissioner decided based on the investigation for discipline was his right. Though I am sure thorough investigations are done revealing the facts of any case are conducted there are other considerations any Commissioner is faced with. Public opinion is a real thing. Personal perception is a real thing. Liability for the Department is a real thing. No Commissioner should be burdened with a nondelegable right to take someone’s livelihood away from them. A Commissioner must do what he believes is best for his department as a whole. He still has to answer an appointing authority that does have an nondelegable right to remove them from office. This decision from the SJC says that any commissioner does not have that nondelegable right. If there is no cause for termination then the officer should not be terminated. That is the law of the land now. Terminations allow the parties to have the decision reviewed by an impartial, independent person and the order of that person must be respected and adhered to. As much as this decision is a win for Dave, it is a win for every member of the BPPA that is unjustly terminated for any reason. Someone once compared the occurrence of police officers being fired to the Boardroom on the “Apprentice”. A decision to simply say you’re fired may make sense on a reality show but we all know that is not real. What is real is that members must be fairly disciplined when discipline is warranted and no more. It appears the Supreme Judicial Court agrees.