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Date: 3/9/2016
EAST LONGMEADOW – Former West Springfield Police Capt. Daniel O’Brien withdrew his name from consideration for the East Longmeadow police chief position one day after Board of Selectmen Chair Paul Federici brought serious questions about the search to Massachusetts Attorney General’s Office (AG).
O’Brien dropped out of the running on March 9 due to the process putting “a strain on his family,” Federici said.
Federici also told Reminder Publications former Springfield City Council President Frank Keough III, who served a three-year sentence in federal prison for swindling funds in 2007 from the Friends of the Homeless while he served as head of the nonprofit organization, approached him about voting for a candidate for police chief and town administrator in exchange for a finance position in Town Hall. The alleged proposal took place sometime between late December 2015 and early January.
“He didn’t actually come out and say the job was offered it was just sort of implied,” he explained.
Town Administrator Gregory Neffinger was not immediately available for comment.
In an interview before O’Brien’s decision, Federici spoke of the alleged exchange, but declined to name the individual who approached him.
“I kept that arrow in my quiver until now. I was hoping that cooler heads would prevail and we could either postpone [the police chief search] or do something [else], but I’m not sure that’s going to happen,” he said at that time.
He added he considers the search process a “disservice” to the town and its taxpayers.
“I don’t think at this point that [the board] could do much business on behalf of the town because who’s going to have any confidence in what we do?” he asked.
Federici said he gave more details of his story to the AG’s office during a more than hour-long meeting on March 8.
The selectmen’s meeting for March 10 to choose a finalist was cancelled due to O’Brien’s decision. The other finalist for the position is Police Sgt. Jeffery Dalessio.
O’Brien and Dalessio were interviewed by the board at its Feb. 29 meeting. A third finalist – Hampden Police Chief Jeff Farnsworth – withdrew his candidacy for the position an hour prior to the interviews.
Federici added the board would discuss its next steps for the search process at its March 16 meeting.
“I don’t know what we’re going to do,” he said. “I don’t to speculate that we can go back and get more candidates.”
Selectman Angela Thorpe said she had received an equal amount of correspondence from residents in favor of hiring O’Brien and Dalessio.
Although the circumstance’s surrounding O’Brien’s 2013 firing from the West Springfield Police Department by former West Springfield Mayor Gregory Neffinger – now East Longmeadow’s interim town administrator – were not addressed, Thorpe said she is aware of the alleged incident in which O’Brien taped a woman’s mouth shut after placing her in a restraint chair while she was in police custody during the 2011 Big E.
“My understanding that he was not the person who did it,” Thorpe explained. “It was one of his staff. He was the supervisor on staff at the time and he stood up and took responsibility. That’s huge, but he has been cleared of all of that, it is my understanding. We’re going to get paperwork to say that and I’m anxious to see that.”
Thorpe said she hadn’t made up her mind regarding who she believed would be the best candidate to serve as East Longmeadow’s new police chief.
A total of 17 applicants were vetted by the Police Search Committee, which hosted meetings on Feb. 19 and 26 and March 9.
Police Sgt. Jason Guinipero, union steward for the department, said he believes the search process was rushed.
“Typically, they’re given more time,” he added. “I don’t believe it’s any fault of the committee. I think they were given a week or so to whittle it down to three [finalists] and they’re kind of working under those time restraints and I think it was unfair and I think the process was definitely skewed – not in anyone’s particular favor – but yes, I do think it was rushed and the committee did the best they could.”
Federici said he believes the search process has moved too quickly as well and indicated his belief that the alleged interaction with Keough was a factor.
“That’s one of the other reasons why, in retrospective, that I think this whole process is being rushed along,” he added. “I really don’t think that the committee that we [appointed] was involved in it.”
The way the Board of Selectmen handled the dismissal of Police Chief Douglas Mellis will also cost the taxpayers about $137,000.
According to section 3-C of the contract, if the chief is not reappointed or terminated by the town for any reason other than just cause, the town “agrees to pay the chief a lump sum severance payment equal to the balance of any term of appointment but in no event less than 12 months of salary benefits nor more than 18 months of salary benefits.”
Selectman William Gorman, who advocated for going out to bid for the position due to high police overtime in recent years, said a lawyer for Massachusetts Chiefs of Police Association (MCOPA) included section 3-C in Mellis’ contract and Town Counsel James Donahue also approved it.
Gorman said he doesn’t believe Donahue “did his job” by allowing the clause to appear in the contract.
“Apparently, [Donahue] didn’t look at [the contract] too good,” Gorman noted. “I’m not for it. I don’t see how their contract is up, but yet they get a clause that our town lawyer left in. I think it’s bizarre.”
Thorpe said the town would have had to pay Mellis the severance pay no matter how or when he left the position.
“[The clause] would have been tough to take out, whereas a rewriting and having it out to bid, this is what the contract is,” she noted.
Federici said in order for the clause to be void the police chief needed to give the town a year’s advance notice prior to his departure.
Gorman said he believes the clause should “definitely” not be included in the contract for the next police chief. This idea is something he would be willing to propose to the entire board.
Selectman Angela Thorpe said the clause shouldn’t be included because no other town employees have that clause included in their contracts.
Gorman also said the Quinn Bill – which grants about $30,000 to Mellis annually for educational benefits – should also be removed from the contract.
“We gave him a $20,000 cut in pay – this is what I’m going to bring up to the other selectmen – and then we’re taking the Quinn Bill out,” Gorman said. “That’s $30,000 a year right there.”
He agreed the clause now undermines the board’s intent to save the town money pay going out to bid for the chief position.
Thorpe said she also would be in favor of removing the Quinn Bill from the contract.
“We’re giving it to our officers, but it doesn’t seem to be the practice to give it to the chiefs,” she added.
She asserted Longmeadow does not include the Quinn Bill in the town’s contract with its police chief.
Longmeadow Police Chief John Stankiewicz stated the Quinn Bill is included in his contract, which amounts to 15 percent of his base pay.
Federici said he would have “no problem” voting for the removal of the Quinn Bill so long as it is not included in the contracts of the department’s police officers
Thorpe said the board’s reduction of the police overtime budget “alone” should cover Mellis’ severance payment.
The selectmen previously reduced the FY17 police overtime budget from $320,000 down to $200,000. However, the Appropriations Committee at its Feb. 23 meeting made a recommendation to increase police overtime to $300,000.
According to Mellis’ contract, “Said vehicle is for use in performance of duty as well as for personal and professional development. In recognition of the fact that the position of chief of police is a 24-hour per day, seven day per week position, the chief may use this vehicle for personal reasons without restrictions as to passengers. It is understood that this vehicle is not to be used for family vacations.”
Thorpe said she also believes the board should “tweak” a provision in the new police chief’s contract to allow 24-hour access to a police vehicle. Using less gasoline for the vehicle could yield savings for the town.
Wayne Sampson, executive director of the MCOPA, did not respond to a request for comment as of press time.