• President’s Message• General Counsel’s Corner • We Have Moved: MCOPA/MPI
New Address• Chief Terrence Cunningham
sworn as 2016 IACP President• EventDeconfliction• Police Psychology Corner
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Proudly Announcing Our Award of the 2015PLYMOUTH COUNTY CONTRACT!PLYMOUTH COUNTY CONTRACT!
Daniel Pallotta, Chairman . Hanover
Sandra Wright . East Bridgewater
Gregory Hanley . Pembroke
County of Plymouth . Plymouth County Commissioners Bid . Contract #: 15-16-17-18-19 Ford Public Service Vehicles
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401 Elm Street
Marlborough, MA 01752
877-330-4647
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TRUCK EQUIPMENT
409 Hartford Pike
Shrewsbury, MA 01545
508-842-0866
HEADQUARTERS
401 Elm Street
Marlborough, MA 01752
877-330-4647
MHQ.COM
TRUCK EQUIPMENT
409 Hartford Pike
Shrewsbury, MA 01545
508-842-0866
2015
Municipal Cars, Trucks, SUVs, Sweepers, ATVs & Associated Equipment
2015
PUBLIC
SERVIC
E V
EHIC
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MHQ2015
MHQ’s Truck Installation Center . Truck Bodies, Plows, Lifts & More
Plymouth
CountyPlymouth
County Daniel Pallotta, Chairman . Hanover
Sandra Wright . East Bridgewater
Gregory Hanley . Pembroke
Daniel Pallotta, Chairman . Hanover
Sandra Wright . East Bridgewater
Gregory Hanley . Pembroke
County of Plymouth . Plymouth County Commissioners Bid . Contract #: 15-16-17-18-19 Ford Public Service Vehicles
HEADQUARTERS401 Elm Street
Marlborough, MA 01752
877-330-4647
MHQ.COM
TRUCK EQUIPMENT
409 Hartford Pike
Shrewsbury, MA 01545
508-842-0866
HEADQUARTERS401 Elm Street
Marlborough, MA 01752
877-330-4647
MHQ.COM
TRUCK EQUIPMENT
409 Hartford Pike
Shrewsbury, MA 01545
508-842-0866
2015
Municipal Cars, Trucks, SUVs, Sweepers, ATVs & Associated Equipment
2015 P
UBLIC
SERVIC
E V
EH
ICLES
MHQ2015
MHQ’s Truck Installation Center . Truck Bodies, Plows, Lifts & More
Plymouth CountyPlymouth County Daniel Pallotta, Chairman . Hanover
Sandra Wright . East Bridgewater
Gregory Hanley . Pembroke Daniel Pallotta, Chairman . Hanover Sandra Wright . East BridgewaterGregory Hanley . Pembroke
County of Plymouth . Plymouth County Commissioners Bid . Contract #: 15-16-17-18-19 Ford Public Service Vehicles
HEADQUARTERS401 Elm Street
Marlborough, MA 01752
877-330-4647MHQ.COM
TRUCK EQUIPMENT409 Hartford Pike
Shrewsbury, MA 01545
508-842-0866
HEADQUARTERS401 Elm Street
Marlborough, MA 01752
877-330-4647MHQ.COM
TRUCK EQUIPMENT409 Hartford Pike
Shrewsbury, MA 01545
508-842-0866
2015
Municipal Cars, Trucks, SUVs, Sweepers, ATVs & Associated Equipment
2015 P
UBLIC
SERVIC
E V
EH
ICLES
MHQ2015
MHQ’s Truck Installation Center . Truck Bodies, Plows, Lifts & More
Plymouth County
Plymouth County Daniel Pallotta, Chairman . Hanover
Sandra Wright . East BridgewaterGregory Hanley . Pembroke
2015 CONTRACT
NOW ACTIVE!
FEATURING...
& MANY MORE!
BRIAN SMITHSHAWN DAOUSTSTEVE SPOKOWSKIJAY MATISKOPAUL LEONBOB KEENSDAVE BREENGREG KEITHPAUL DAGILIS MICHAEL CURTINMICHAEL FRATONI TOM EMIGJIM HUTCHINSONSTEVE ANDERSON
Western Massachusetts ..................................................................... (508) 573-2624Greater Boston ................................................................................... (508) 573-2625 North Shore / Central MA - Public Safety ............................................ (508) 573-2628North Shore / Central MA - Public Works ............................................ (508) 573-2622 SE Mass, Cape/Islands & RI - Public Safety ....................................... (508) 573-2660 SE Mass, Cape/Islands & RI - Public Works ....................................... (508) 573-2613State & Large Cities - Public Safety .................................................... (508) 573-2627 State & Large Cities - Public Works .................................................... (508) 954-2225 State & Large Cities - Public Works .................................................... (508) 726-4092 NH, Maine & Vermont ......................................................................... (603) 325-0995 Public Safety Specialist ...................................................................... (508) 573-2655Heavy Duty Trucks & Alternative Fuel ................................................. (508) 573-2623 Aerial Lifts & Specialty Equipment....................................................... (860) 861-2770 Retail / Equipment Sales ..................................................................... (508) 573-2677
THE 2015 CATALOG IS NOW ONLINE! BROWSE THE FULL CATALOG AT MHQ.COM OR CONTACT YOUR DEPARTMENT’S REGIONAL SALESMAN TODAY!
SALES TEAMMEET THE
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2015 OFFICERSPresident Chief Douglas W. MellisEast Longmeadow
1st Vice PresidentChief Daniel R. CharetteSouthbridge
2nd Vice PresidentChief William G. Brooks, IIINorwood
3rd Vice PresidentChief James A. DiGianvittorioMiddleton
Sergeant-at-ArmsChief Steven WojnarDudley
TreasurerChief Mark K. LeahyNorthborough
EXECUTIVE COMMITTEEChief Erik G. BlakeOak Bluffs (Past President)
Chief Rodney C. CollinsMashpee (Barnstable & Islands)
Chief Stephen E. O’BrienLenox (Berkshire)
Chief Brian M. ClarkNorton (Bristol)
Chief Russell M. StevensHamilton (Essex)
Chief John P. Paciorek, Jr.Deerfield (Franklin)
Chief Jeffrey FarnsworthHampden (Hampden)
Chief Francis R. Fox, Jr.Belchertown (Hampshire)
Chief Steven A. MazzieEverett (Major City Chiefs)
Chief James G. HicksNatick (Middlesex)
Chief Richard E. SmithWakefield (Middlesex)
Chief Richard StillmanWalpole (Norfolk)
Chief Christopher D. DelmonteBridgewater (Plymouth)
Chief Brian A. KyesChelsea (Suffolk)
Chief Patrick T. FoleyDouglas (Worcester)
Chief Scott LivingstonWinchendon (Worcester)
Chief Ernest H. LefflerBentley University (Campus)
Life MemberChief Peter F. Roddy (Ret.)Leominster
November 2015 Vo l u m e 1 1 - 1 5
FeaturesPresident’s Message Page 5Mark Your Calendars Page 6 General Counsel’s Corner Page 7Executive Director’s Report Page 102015 IACP Conference - Chicago Page 11COPPER - Chief Michael R. Healy (Ret.) Page 12We Have Moved: MCOPA/MPI New Address Page 15Police Chief Vacancies Page 16Police Psychology Corner Page 17EventDeconfliction Page 18NovemberAnnualMeeting/ElectionofOfficers Page 20MPI Chief’s Training Page 25MPI Class Schedule Page 26
As President of the MCOPA, I was invited to a pri-vate luncheon with US Attorney General Loretta Lynch on Friday October 3rd along with Massachusetts US Attorney General Carmen Ortiz, Boston Commissioner William Ev-ans, Sheriff Frank Cousins, Springfield Police Commissioner John Barbieri, Arlington Police Chief Fred Ryan represent-ing Major Cities Chiefs. The Attorney General was visiting in the area and we had a very interesting and lively discussion on the events ongoing throughout the country. I told her of the recent training which was held in Norwood involving the Mass Chiefs Association. She stated she was inviting a num-ber of Chiefs/Commissioners and Mayors to Washington for more discussions. On October 6, I and the Executive Director Wayne Sampson were made aware of three chiefs all members of the MPTC that were not going to be reappointed. It seems their terms had expired the previous year and the Governor was not going to reappoint them. Executive Director Sampson and I met Under Secretary Jennifer Queally at her office in Boston at 12noon on Wednesday October 7th to discuss the issue surrounding the non appointment of these three chiefs. We were informed that letters had been sent to the three chiefs from the Governor. We discussed the circumstances at our E-Board meeting that Thursday October 8th. Later that day we learned that letters had been received by the Chiefs involved from the Governor. On Friday October 9th I received a call from Secre-tary Daniel Bennett about these three chiefs and that letters had been sent. He stated he had called Chiefs Hicks and Liv-ingston and was meeting with Chief Hicks on Columbus Day and Chief Livingstone later that week or early the following week. In my conversation I questioned why these chiefs were not being reappointed as all of them seem to have the same philosophy of the MPTC in their efforts to become a POST program for the police training. He had mentioned that he was reconsidering Chiefs Hicks and Livingston and would be speaking with them. I also mentioned that I was aware the MPTC has an aggressive agenda during their monthly meetings and the lack of these three members could possi-bly affect the quorums needed for their meetings. He said he would be looking into this matter. On Saturday October 8, 2015 I attended the annual Blue Mass held at St. Michael’s Cathedral in Springfield, MA I was very surprised at the poor turnout of Police members that were involved in this Mass. It had been advertised well
in advanced but obviously there are other priorities for some and we wonder why the public doesn’t fall over us when we can’t find the time to support our own. This wasn’t labeled as a Chief ’s event but for Law Enforcement, Fire, EMS, Court, Correctional and still low numbers. On Friday October 16, 2015 at a Noon ceremony at Ashburton Park at the State House the 29th Annual Mas-sachusetts Law Enforcement Officer’s Memorial was held. In attendance were Governor Charlie Baker, Lt. Gov. Karyn Polito, AG Maura Healey and Secretary Daniel Bennett. At-tendance was pretty good and recognized were 2014 line of duty deaths involving Plymouth Police Officer Gregory T. Maloney and Boston Police Detective Dennis O. Simmonds as well as 7 legacy officers from Lynn, Cambridge, Billerica & Salisbury Police Departments. Many from Massachusetts were in Chicago for the 122nd Annual IACP convention. Wellesley Police Chief Terry Cunningham was installed as the new President of the I.A.C.P. for 2016, I and the Massachusetts Chiefs wish you the best for a great year! I will not be present for our November meeting at Pleasant Valley as I will be out of the country on a family vacation I couldn’t reschedule. I feel very confident in the slate of officers for our Association going into 2016 and ask that you all give them the support they will need to get our legislative agenda passed in the Legislature. I would like to wish all our military veterans the best on Veterans Day November 11th. I will forever remember the line of duty deaths of Springfield Police partners Michael Schiavina and Alain Beauregard who were killed 30 years ago
on November 12th and 15th, 1985. I remember the funeral processions for both. Michael’s had us marching in a sleet storm and Alain’s was almost 70 degrees. Enclosed are their headstones as they rest eternally near each other at Gate of Heaven Cemetery. May you and your loved ones have a Happy and Healthy Thanksgiving Day.Stay Safe, Doug
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ActiveChief Michael A. Perkins, II, CummingtonRecommended by Chief A. Wayne Sampson (Ret.)
AssociateKara Costa-Curran, First Defense Supply, Inc.Recommended by Chief A. Wayne Sampson (Ret.)
Melissa Rodriguez, First Defense Supply, Inc.Recommended by Chief A. Wayne Sampson (Ret.)
Richard S. Rossi, Jr, First Defense Supply, Inc.Recommended by Chief A. Wayne Sampson (Ret.)
Deputy Chief Mark D. Segalla, ReadingRecommended by Chief James Cormier, Reading
LifeChief David G. Silvernail (Retired), Southampton
Proposed Membership Applications
Upcoming RetirementsChief Daniel Charette, of Southbridge Police Department on November 7, 2015 at 6:00 pm at the Southbridge Hotel and Conference Center, 14 Mechanic Street, Southbridge, MA. Tickets are $40.00 at Southbridge PD at 508-764-5420 or Town Manager’s office [email protected]
Mark Your Calendars
November 12, 2015 November Annual Meeting
and Election of Officers Pleasant Valley Country Club, Sutton, MA
December 10, 2015December Meeting and Installation of
2016 OfficersFour Points by Sheraton - Norwood, MA
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General Counsel’s CornerAttorney Eric Atstupenas
continued on page 8
Use of Force Policies: Are they Exempt from Disclo-sure under the Public Records Law?
Many, if not all, Chiefs have received public records requests for their agency's use of force policies in the past. What is the MCOPA policy will respect to such requests? They should be disclosed. A common question has been whether use of force policies are exempt from disclosure under Ex-emption (b) and Exemption (n) of the Public Records Law. This article will address the position of the MCOPA, consis-tent with Massachusetts law, with respect to each. We know that under the Public Records Law, pub-lic records are defined to include “all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regard-less of physical form or characteristics, made or received by any officer or employee” of any Massachusetts governmental entity. See G. L. c. 4, § 7(26). Every government record is presumed to be public unless it is subject to an exemption. Exemption (b) Exemption (b) applies to records that are "related solely to internal personnel rules and practices of the gov-ernment unit, provided however, that such records shall be withheld only to the extent that proper performance of nec-essary governmental functions requires such withholding..." See G. L. c. 4, § 7(26)(b). The purpose of this exemption is to relieve agencies of the burden of assembling and maintaining for public in-spection matters in which the public cannot reasonably be expected to have a legitimate interest. See Department of the Air Force v. Rose, 425 U.S. 352, 362-70 (1976). Records may only be withheld under this exemption if the agency can show that: (i) the records relate solely to the internal personnel practices of the government entity; and (ii)proper performance of necessary government functions will be inhibited by disclosure. It is the position of the MCOPA that this exemption does not apply to use of force policies. Exemption (b) should only be read to apply to internal personnel rules and prac-tices, while use of force policies apply to how officers interact with the public in specific circumstances. In the past, the Supervisor of Public Records has applied Exemption (b) to only a very few narrow situations.
Exemption (n) Exemption (n) only applies to "records, including, but not limited to, blueprints, plans, policies, procedures and schematic drawings, which relate to internal layout and structural elements, security measures, emergency pre-paredness, threat or vulnerability assessments, or any other records relating to the security or safety of persons or build-ings, structures, facilities, utilities, transportation or other infrastructure located within the commonwealth, the disclo-sure of which, in the reasonable judgment of the record cus-todian, subject to review by the supervisor of public records under subsection (b) of section 10 of chapter 66, is likely to jeopardize public safety." See G.L. c. 4, § 7 (26)(n). This exemption was meant to permit the withhold-ing of certain policies and procedures, the release of which would jeopardize public safety. This exemption has not typi-cally been used to withhold use of force policies and it is the position of the MCOPA that such policies do not fit within the meaning of this exemption.
Training Time: When is it Compensable?
We know that employees must be paid overtime for any hours worked in excess of 40 hours each week, or such amount of hours as determined by the law enforcement partial overtime exemption (if applicable). In determining which hours we count in making this determination, we look to the Fair Labor Standard Act (FLSA) guidance. That being said, we start with the following general rule set forth in the regulations: General Rule Attendance at lectures, meetings, training programs and similar activities need not be counted as working time if the following four criteria are met:(a) Attendance is outside of the employee's regular working hours;(b) Attendance is in fact voluntary; (c) The course, lecture, or meeting is not directly related to the employee's job; and(d) The employee does not perform any productive work during such attendance.
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Continued from page 7
See 29 CFR 785.27. This test requires that all four prongs be met in order for training time to be considered not compensable under the FLSA. The regulations offer the following guidance on the first and third prongs: Prong #1: Attendance is outside of the employee's reg-ular working hours Attendance is not voluntary, of course, if it is required by the employer. It is not voluntary in fact if the employee is given to understand or led to believe that his present working conditions or the continuance of his employment would be adversely affected by nonattendance. See 29 CFR 785.28. Prong #3: The course, lecture, or meeting is not direct-ly related to the employee's job The training is directly related to the employee's job if it is designed to make the employee handle his job more ef-fectively as distinguished from training him for another job, or to a new or additional skill. For example, a stenographer who is given a course in stenography is engaged in an activ-ity to make her a better stenographer. Time spent in such a course given by the employer or under his auspices is hours worked. However, if the stenographer takes a course in book-keeping, it may not be directly related to her job. Thus, the time she spends voluntarily in taking such a bookkeeping course, outside of regular working hours, need not be count-ed as working time. Where a training course is instituted for the bona fide purpose of preparing for advancement through upgrading the employee to a higher skill, and is not intended to make the employee more efficient in his present job, the training is not considered directly related to the employee's job even though the course incidentally improves his skill in doing his regular work. See 29 CFR 785.29. Exceptions The regulations also set forth the following excep-tions to the above-stated general rule: Exception #1: Of course, if an employee on his own initiative attends an independent school, college or indepen-dent trade school after hours, the time is not hours worked for his employer even if the courses are related to his job. See 29 CFR 785.30. Exception #2: There are some special situations where the time spent in attending lectures, training sessions and courses of instruction is not regarded as hours worked. For example, an employer may establish for the benefit of his employees a program of instruction which corresponds to courses offered by independent bona fide institutions of learning. Voluntary attendance by an employee at such courses outside of working hours would not be hours worked even if they are directly related to his job, or paid for by the employer. See 29 CFR 785.31.
Exception #3 (applicable to public agency law enforce-ment employees): Attendance outside of regular working hours at specialized or follow-up training, which is required by law for certification of public and private sector employ-ees within a particular governmental jurisdiction (e.g., cer-tification of public and private emergency rescue workers), does not constitute compensable hours of work for public employees within that jurisdiction and subordinate jurisdic-tions. See 29 CFR 553.226(b)(1). The same is true even if the cost of the training is borne by the employer. See 29 CFR 553.226(b)(3). Exception #4 (applicable to public agency law enforce-ment employees): Attendance outside of regular working hours at specialized or follow-up training, which is required for certification of employees of a governmental jurisdiction by law of a higher level of government (e.g., where a State or county law imposes a training obligation on city employees), does not constitute compensable hours of work. See 29 CFR 553.226(b)(2). The same is true even if the cost of the train-ing is borne by the employer. See 29 CFR 553.226(b)(3).
Update Relative to Boston Police Detail Bill Many of you will recall that back in October of 2015, Governor Baker vetoed a bill (Home Rule Petition) which would have allowed retired Boston police officers to serve on police details. As we reported at that time, the bill was ve-toed after the Department of Labor raised a concern that as written, the bill exempted those officers from unemployment insurance under G.L. c. 151A, in violation of federal law. Of particular note was that the bill was modeled after several other bills, which had already passed without notice of the potential federal law violation. As suspected, the legislature has now passed the Boston police detail bill and remedied any of the prior simi-lar bills which had exempted such retired police officers from unemployment insurance. House Bill 3829 was approved on November 2, 2015 as Chapter 119 of the Acts of 2015, and provides in Section 65 that:
Notwithstanding any general or special law to the con-trary, a retired police officer, firefighter or emergency medical technician of a town, city or district who is appointed as a special police officer, call or auxiliary firefighter or a call or auxiliary emergency medical technician of a town, city or district pursuant to any general or special law authorizing such appointment shall be subject to chapter 151A of the General Laws.
As a result, if any municipality has a Home Rule Pe-tition which exempted retired detail officers from unemploy-ment insurance, that petition has now been remedied by the legislature to provide that such officers will be subject to un-employment insurance, consistent with federal and state law.
General Counsel’s Corner continued
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UPCOMING EVENTS
EXECUTIVE BOARD MEETINGS
11/12/15 8:00am-PleasantValleyCC,Sutton
12/10/15 9:00 am - Four Points by Sheraton - Norwood
GENERAL MEETINGS/EVENTS
11/12/15 November Annual Meeting/Election ofOfficers,PleasantValleyCC,Sutton
12/10/15 December Meeting/Installation Ceremony Four Points by Sheraton - Norwood
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Executive Director’s ReportChief A. Wayne Sampson, (Ret.)
Attention ChiefsPlease let us know if you are NOT receiving emails from our Associa-tion as some Chiefs have indicated that they are not receiving emails from our Constant Contact email service.
As we begin to close out 2015, there has been a flur-ry of legislative activity on Beacon Hill. Our Association has been at the forefront of critical pieces of legislation to improve service to the citizens of Massachusetts. A corner-stone of our proposals has been to ensure the integrity of our profession as we enter the 21st century. There is no clearer example to our commitment than our twenty year history of support of the MPTC in both our commitment of subject matter experts to serve on various committees and the consistent leadership of our as-sociation to bring attention to the economic deficiency of this state organization. Year after year, we have reached out to you, our members from every region of the state, to con-tact your legislators in order to support the MPTC. There has been no greater commitment or action on any single endeavor in the past twenty years. The hallmark of this commitment to professional standards is the statewide sup-port to the concept of regional representation on the MPTC Commission. Your individual regions elect a representative from your membership that you believe has the knowledge and experience of professional standards along with the commitment to represent the best interest of your regional association. We thank our membership from all the regions that called to offer support to your representatives on the MPTC. We continue to work on finding a mutual solution. I would be remiss if I did not comment on the professional discussions and trainings held this year at the IACP. A great deal of their focus was on the DOJ 21st Cen-
tury Policing standards and I am happy to report that our As-sociation's "White Paper" received favorable attention from around the country. I would like to offer my personal con-gratulations to IACP President Chief Terry Cunningham. I would like to personally thank all of the Massachusetts chiefs that were on hand to attend and witness this great event. I would like to remind everyone of the annual elec-tions at Pleasant Valley on November 12, 2015 and the instal-lation of Chief Bill Brooks as our 2016 President in Decem-ber. I wish each of you and your family a safe and happy holiday season.Chief A. Wayne Sampson, Ret.Executive Director
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2015 IACP CONFERENCE - CHICAGO
Civil Rights Awards presented to Chief William G. Brooks, III, Norwood Police Department
Chief Terrence M. Cunningham, Wellesley PD Sworn in as the 2016
IACP President
FBI Director James Comey swearing in Chief Terry Cunningham
Chief Richard Smith, Wakefield and 2016 IACP Board of Directors
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COPPER Chief Michael R. Healy, Ret.
continued on page 13
Here it is November and many of our snowbird friends have already flown to warmer climates. I am also learning that many of our retired members have now made warmer climates their permanent homes. I guess in many ways I cannot blame you considering what Massachusetts went through last winter. I start shivering just thinking about it. It wasn’t that long ago when many of you retired guys were working the mid-night shift in blizzard conditions covering an accident or walking around buildings checking doors. Can you imagine asking a patrolman now to get out of their vehicle and walk around buildings to check doors! I see a grievance. Actually, I recall Chief Arthur Martin’s re-quiring visibility all night in downtown Framingham. If a downtown business reported a break in the morning and the officer hadn’t discovered it, God help the officer who missed it. I also recall my chief in Ashland requiring that an officer on the mid-night shift put slips of paper in the door advising the business owner that we had checked their business and the time of the check. It was like advertising to the crook that you can break in now the building was just checked. And in actuality that did happen more than once. Also, in the center of Town there were always those slips of paper flying around in the street that dislodged from the door casing when the business owner opened the door. The good old days before Mass COP, SPAM, NEPBA, IUPA-AFL-CIO to name a few. As much as I found many actions of the unions to be coun-terproductive to the improvement of police services and self serving to individual problem officers, in the later years of my career I like most police chiefs I know were active in their local unions. Many of us were actually the President of our local union and I am sure considered pains in the ass by our own chief. What a great day for the Jimmy Fund Walk this year. Weather and temperature were perfect. What wasn’t perfect was the turnout by active police chiefs. To those who were there I thank you. However, with only 78 people signed up for Team Police Chiefs and many of those were family mem-bers and friends of the chiefs who walked that is sad. Thank you to Chief ’s Leahy and Foley for all the hard work they put into making this a success. It was also great as always to see our girl Friday Cheryl Lott there with her daughter once again doing the walk. Year after year Cheryl and Dawn have been there walking with the chiefs in support of the Jimmy Fund. Missed Dawn this year but she had another commit-ment. For years Cheryl and Dawn have been there not only for the walk but there in the office and at meetings providing a pleasant smile, kind words and a sense of continuity in our office. I am sure the MCOPA President and our Executive Director Wayne Sampson do appreciate all they do from co-ordinating the Trade Show, handling attendance at meetings,
directing chiefs in the right direction when calling the office and just being there to answer questions. Thank you Cheryl and Dawn for all you do and have done for so many years. Cheryl, I bet you almost go back to Paul Doherty. In a positive note it was great to see some of the old retired guard participate in the Jimmy Fund Walk. Chief Dave Young flew up from Florida and Chief Oliver Mutch came in from Ashby. Both of these chief ’s were very active with Chief Bob Johnson and MCOPA Run for Jimmy which began in the mid-eighty’s and continued for ten years. You could always count on both of them to be on the bus ride to New York and run in the weekend long event. Chief Glenn Parker drove from Maine to participate. Other retired chiefs and members of the MCOPA who took time out of their own personal schedules to walk and were always there for the Jimmy Fund when they were on the job were Ned Mer-rick, Jim Smith, Gerry Galvin, Bob Willhauck, Tim Ryan, Ed Gardella, Michael Pavone and Dennis Minnich.. These chiefs have always been there for the MCOPA and their charity the Jimmy Fund. Snow birds start sending me the names and address-es of your favorite watering holes and restaurants so others can enjoy your finds. You know police officers, we’re always looking for a good deal.
Thoughts for the Day
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COPPER Chief Michael R. Healy, Ret.
continued from page 12
How many officers did you employ during your career that fall on the right side of this chart? I even had some su-pervisors I inherited that were classic Unsuccessful People.
Mystery Trivia Last month’s trivia question asked you to identify when the first breathalyzer was used and when and where the first drunk driving laws were adopted? New York, USA was the first place in the world to adopt drink driving laws in 1910. Other countries and States soon followed suit as manufacturers of affordable automo-biles rapidly spread throughout the world. Law enforcement officers of the past had to use sub-jective observations and tests to determine if a motorist was drunk driving (under the influence) or not. A law enforce-ment officer would observe a driver and look for signs such as bloodshot eyes, slurred speech and the smell of alcohol. A motorist could have been asked to walk in a straight line, close his eyes and touch his nose and various other tests. To-day these tests are known as field sobriety tests. This was all about to change when an important milestone in breath testing history appeared in 1927. A paper produced by Emil Bogen who collected air in a football and then tested this air for traces of alcohol discovered that the alcohol content of 2 liter’s of expired air was a little greater than that of 1cc of urine. The first practical roadside breath testing device in-tended for use by the police was The Drunkometer. Indiana University's Prof. Rolla N. Harger conducted the first-ever "short course" on chemical tests for intoxication in 1937. The drunkometer was developed by Professor Harger in 1938. Professor Borkenstien (inventor of the breathalyzer) also collaborated with Harger and together they established a comprehensive 44 hour long training course for drunko-meter operators, which consisted of practical usage and lec-tures. The drunkometer collected a motorist’s breath sample directly into a balloon inside of the machine. The breath sample was then pumped through an acidified potassium permangate solution. If there was alcohol in the breath sam-ple, the solution changed color. The greater the color change, the more alcohol there was present in the breath. By the time I was appointed in 1966 and through the early years of my career we used the breathalyzer which was referred to as Dial a Drunk. You inserted two glass vials into the machine to calibrate it then after the drunk blew into the machine until the red light came on. The officer would turn the dial to line up the arrows to determine how drunk the person was. I am told the more belligerent the prisoner was the higher the reading. That was only rumor though. Those
machines we use to take to Boston a couple times a year to have them recalculated.
This month’s trivia question What police chief in the Commonwealth has held the most chief ’s positions in his career? Remember Chief Wayne cringes every month someone wins because your chief ’s meeting lunch comes out of his pocket. Be the first to respond to [email protected]
2015 Jimmy Fund Walk
Willhauck, Smith, Galvin, Healy, Young and Mutch
Group with Lucas. Pictures courtesy of Chief Ryan
Thought for the day You can’t let people scare you. You can’t go your whole life trying to please everyone else. You can’t go through life worried about what everyone else is going to
continued on page 14
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COPPER Chief Michael R. Healy, Ret.
continued from page 13
Quote of the month: “There is no injustice in a wolf acting like a wolf. There is only ignorance in the belief that a wolf will not act like a wolf ”. Author unknown
SLAINTE MHATH.
Two Run for Jimmy photos courtesy of Chief Peter King. Notice more active chiefs ran than walk!
think. Whether it’s your hair, clothes, what you have to say, how you feel, what you believe and what you have. You can’t let the judgment of others stop you from being you. Because if you do, you’re no longer you. You’re someone everyone else wants you to be.
Pictures from the past
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WE HAVE MOVED OUR OFFICESAll of us here at the Mass Chiefs would like to take this opportunity to announce the location of our new office building and contact numbers.
MPI will also be joining us at our new building at:
353 Providence RoadSouth Grafton, MA 01560
You can reach us at the following main numbers:
MA Chiefs of Police Association508-839-5723508-839-5724
Municipal Police Institute508-839-5725508-839-5726
General Fax: 508-839-3702Please note that there is no longer an 800 listing.
The following is a list of the direct lines for designated staff:
MA Chiefs of Police AssociationExecutive Director / Chief A. Wayne Sampson 508-375-7790 Administrative Assistant / Cheryl Lott 508-375-7791 General Counsel / Eric Atstupenas 508-375-7793
Municipal Police InstituteExecutive Director / Chief Peter Roddy 508-375-7781Administrative Director / Dawn Nanni 508-375-7782Director of Training / David O'Laughlin 508-375-7784 Media Director / Erik Abasciano 508-375-7783
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Town of Belchertown, MA
The Town of Belchertown is seeking qualified ap-plicants for the position of full-time Chief of Police. Ap-plicants must be a US citizen and hold an active Massachu-setts Driver’s License; a Bachelor’s Degree in a field related to criminal justice or equivalent is required. Applicants must be Massachusetts Criminal Justice Training Council certified and have at least ten (10) years of law enforcement experience of which three (3) years must be a command of-ficer. Appointment is subject to physical and psychologi-cal examinations and also subject to a background inves-tigation. Successful candidates must meet the professional standards of the Town of Belchertown. This is a full-benefit position with a competitive salary. Applicants should submit a cover letter and resume to the Chief of Police Screening Committee, c/o Town Ad-ministrator, Town of Belchertown, P.O. Box 670, Belcher-town, MA 01007-0670. Filing deadline is 4:00 p.m. on Fri-day, November 13, 2015. The Town of Belchertown is an Equal Opportunity Employer.
Police Chief Vacancies
City of Newburyport, MA
Title: City MarshalDepartment: Newburyport Police Department Location: 4 Green Street, Newburyport, Massachu-settsSalary: $115,000 to 125,000 annually The City of Newburyport seeks a progressive police chief to lead its Police Department as its City Marshal. New-buryport is a small coastal city in Essex County Massachu-setts, located 35 miles northeast of Boston, with a population of approximately 17,550 residents. A historic seaport along the Merrimac River, with a vibrant tourism industry, New-buryport includes part of Plum Island. Newburyport has a total area of 10.6 square miles, of which 8.4 square miles is land and 2.2 square miles is water. The Newburyport Police Department provides a va-riety of emergency and non-emergency services designed to protect the lives and property of Newburyport residents and visitors. The City of Newburyport is seeking a progressive, community-oriented City Marshal to lead the department in the provision of effective and efficient law enforcement, pro-tecting life and property, preventing crime, controlling traf-fic, promoting safety, obtaining evidence, and apprehending those suspected of violating the law.
Requirements include Bachelor’s Degree with 10 – 15 years of experience in the law enforcement field, five (5) of such years having served in a supervisory position of Lieu-tenant or higher; or any equivalent combination of educa-tion, training and experience which provides the required knowledge, skills and abilities to perform the essential functions of the job. Graduate of FBI National Academy or LEEDS Certification is a plus. Must have municipal or state police experience, as well as experience in a union setting. Must live within the City, or at any other place in the Commonwealth that is within ten miles of the perim-eter of the City. This posting is not meant to be inclusive of all job duties or qualification requirements. Please refer to the job description for more details. Candidates meeting the qualifications and ex-pectations as noted above may submit a cover letter, re-sume, and any other relevant materials to the address below by November 20, 2015.
In accordance with Article V, Division 1, Sec. 2-316 of the Newburyport Code of Ordinances, a steer-ing committee appointed by the Mayor and approved by the City Council will review all candidate applications and determine which candidates to interview. Selected candidates will be evaluated using an assessment center to examine their knowledge, skills, and abilities, includ-ing without limitation their technical, tactical, profes-sional, managerial and strategic skills. The screening committee shall submit to the Mayor the names of the 3 to 5 candidates best suited for the duties of City Marshal based on the results of the assessment center process. The Mayor will interview and select a candidate for City Marshal who must then be confirmed by the City Coun-cil.
Strict adherence to the application requirements and procedures is expected.
The City of Newburyport is an equal opportunity employer. M/F/D/V and does not discriminate based on race, creed, gender, national origin, age, disability, marital or veteran status, sexual orientation or any other legally protected status.
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Police Psychology CornerLeo F. Polizoti, Ph.D.
Police, Consulting Psychologist, Training Consultant, MPI
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Commentary on Rules of Engagement
It is pretty well known in the military community that the “rules of engagement” seem out of touch with the reality of many situations. Police officers, as you well know, have “levels of force” that must be carefully followed given the circumstances of an encounter and are similar to the military guidelines in some respects. Level 1 includes the “of-ficer’s presence and demeanor” and level 2 “verbal control”. Unfortunately, the public no longer has “rules” or “levels” that dictate how they respond to police officers. In our cur-rent societal situation simply an officers presence can pre-cipitate an excessively angry reaction on the part of certain segments of the public. For those of you who are older, you will recall that we did not argue with the officer or he would (they were 99.9% “hes” back then) threaten to call our father and that would be worse than just about anything short of jail time! I mentioned post-traumatic embitterment disorder (PTED) in previous articles i.e., when ones expectations/be-
liefs are shattered by an incident or incidents that indicate that the persons beliefs about the job are out of sync with the reality they experience and they become embittered. New candidates for the job continue to have high expectations re-garding the respect they think they are going to receive from the public. The situation now is just piling on more PTED. This increases the heat in the “pressure cooker” reality of po-lice work today. What can we do to help? Well, the societal issues cannot be changed overnight but command staff can insure that in-service training related to these topics can be present-ed. Also, emotional support for officers can be very helpful. MPI has a number of training programs that may be useful as well as talking with David O’Laughlin who is Director of Training and an expert on “excessive force” issues. Hopefully, things will start turning around in the near future.
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Event DeconflictionIf You Are Not Doing Deconfliction You Are Asking For Trouble
By: Chief James Hurley, Leicester Police Department
Introduction As law enforcement executives and administrators, one of our greatest responsibilities is to provide a safe work-ing environment for our police officers. Keeping our officers safe is not an issue that can be taken lightly or put off until there is time to address enhancing safety. Yet many adminis-trators, officers and agencies do not take advantage of a cut-ting edge tool/data-base that could not only save lives, but also reduce duplication of law enforcement effort. That tool is event “deconfliction.” I first became involved in event deconfliction ap-proximately 18 years ago when I learned about it after nar-rowly averting a dangerous situation that the use of event de-confliction would have remedied. I was the supervisor of a multi-agency regional drug task force. A reliable and highly professional officer assigned to the task force had an infor-mant who was going to facilitate the delivery of a substantial quantity of heroin to an undercover officer at a local hotel. The task force conducted its pre-operational briefing and the task force officers were deployed to their assigned positions with the latest and most accurate information available, or so I thought. I was assigned as a roving patrol just to make sure all the task force assets were in place and ready to go. As I was patrolling through a parking lot, I observed a vehicle with an occupant watching the area of the hotel. My first thought …….counter surveillance by the drug dealer. I quickly moved out of the area to another location, and as the time approached for the deal, I observed another vehicle frequent-ing the area. As I drove by the vehicle it pulled out and we engaged in a game of cat and mouse. The dealer was now in the area and headed to the room for the buy bust. Everyone was given the final “get set to go.” As we prepared to move in, the vehicle that I had been engaged in the cat and mouse game appeared again. Just before I gave the final call to move in, the operator pulled up close and said “are you a cop?” I gave the standard “who’s asking?” It was quickly determined that a federal task force was looking to deliver the heroin to the local task force. I gave a quick stand down on the radio and made sure no one moved. We had been only seconds from a blue on blue operation and everyone pulling firearms. Fortunately, the potentially tragic (blue on blue) situation had been averted. As it sunk in what had occurred, the egos took over. The local officer from the community that my task force was operating in was asking (politely), “Why the Feds were in his town without notifying his department.” The Feds were ask-ing what we were doing as they had deconflicted the opera-tion. The local task force asked, “What was deconfliction?”
What is event Deconfliction? Event deconfliction is very simple: it is a database specifically designed to detect when the area of law enforce-ment operations are in conflict or when law enforcement agencies are working in close proximity to one and other, at a given point in time. It is achieved by mapping the event locations that are submitted by the participating agencies.
How it Works Prior to conducting an operation/event (i.e. drug raid, warrant service, surveillance or other law enforcement activity); your department or task force enters the location of the event (including date and time) into a deconfliction database. The database marks the location and duration of your operation. It checks to make sure no other agencies have submitted that they are working at the same location. The Deconfliction system even allows you to put a protec-tive barrier (i.e. 100 yards up to miles) around your event. Should another law enforcement agency call in and request to work in the same area (or in close proximity), they are immediately notified of the potential conflict and provided your direct contact information.
Benefits The single greatest benefit of event deconfliction is enhanced officer safety and safety of those who are nearby the officers and/or event. Other benefits include: Risk re-duction, reduction of duplication of effort, increased infor-mation sharing; and avoiding negative publicity that would be generated by a blue on blue incident. If you look at the use of event deconfliction from a risk management standpoint this is literally a no brainer………..you should be doing it and you should start immediately!
Event Deconfliction Has Never Been Easier for Massachu-setts Law Enforcement Traditionally there were three separately operating independent deconfliction systems. These three systems were: 1. Case Explorer – Access provided through Washington/Baltimore HIDTA 2. SAFETNet – Access provided through appro priate regional HIDTA 3. RISSafe – Access provided through appro-priate RISS center at www.riss.net Earlier this year all three event deconfliction systems were integrated. No matter which system you utilize, you continued on page 19
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will receive “conflict reports” entered into any of the three systems. New England states can enter information into RIS-Safe, available through www.riss.net or the HIDTA, which is located at the Commonwealth of Massachusetts Fusion Cen-ter.
Which System Should I Use? I have used both SAFETNet and RISSafe over the course of my career and have never had any issues with either system.• SAFETNetisdoneviaphonebycallingintotheFu-sion Center. They take the information, enter it, and notify you if there is a conflict.• RISSafe is accessible from your desktop. Log inand enter the information and you are notified of conflicts in “real time.” RISSafe has made deconfliction in the field easier with a mobile app for your phone so you can literally do deconfliction on the fly. I recently used event deconfliction for a large scale event that was occurring in my community. It was not a drug raid or surveillance but a privately run festival. The area being utilized for the festival spanned several blocks of the community. In order to ensure public safety and prevent any conflicts, I entered the event into RISSafe, as I was typing the Special Operations Plan. As I entered it, I thought what a great tool to prevent any surprise (i.e. warrant service or drug raid) appearances by another law enforcement agency leading to blue on blue conflict. My agency will now be us-ing event deconfliction for parades, special events (i.e. black Friday openings), and large public functions. It should also be used for dignitary protection details if your agency par-ticipates. Department executives and users of deconfliction systems need not worry about the use of these systems jeop-ardizing the security of their operations. There can be no “fishing” by anyone. A user cannot access the “system” and conduct a search of ongoing events; the user can only make an entry. Once the entry is made, a search is then conduct-ed. The user is informed of the results and is only given contact information of the owner of another event, if there is a conflict. Administratively, owners of events can only see a history of “their” events.
Our Obligations as the Agency Head As the head of our agency, we have a responsibility to act. Don’t hesitate…. act now and: 1. Mandate the use of event deconfliction for the appropriate events in your community. 2. Train your officers in how to use an event deconfliction databases. 3. Incorporate event deconfliction into your department’s policy and procedures manual, so that after you leave, deconfliction use remains intact.
You have everything to gain and nothing to lose by undertaking mandatory event deconfliction in your depart-ment.
References 1. https://www.ncirc.gov/deconfliction2. A Call to Action: Enhancing Officer Safety Through the Use of Event Deconfliction Systems (found at www.nicra.gov).3. http://www.caseexplorer.net/Event-Deconflicion-for-Po-lice-Intelligence-System.aspx4. http://www.hidta.org/Law-Enforcement-Deconfliction-Watch-Center.aspz5. https://www.bjatraining.rog/media/news/bureau-justice-assistance-launches-national-crim 6. Interviews with NESPIN personnel7. U.S. Law Enforcement Implements the First Nationwide Officer Safety Event Deconfliction System; by Paul Kshemendra. Article found at: https://www.ise.gov/blog/kshemendra-paul/us-law-enforcement-implements-first-nationwide-officer-safety-event
Map of “events” that have been called into RISSafe
Event Deconfliction continuedcontinued from page 17
Annual Meeting and Election of 2016 Officers Thursday, November 12, 2015
Pleasant Valley Country Club, Sutton, Massachusetts
Schedule of Events8:00 am Coffee and Registration
8:00 am MCOPA Executive Board Meeting8:30 am Life Member Caucus/Committee Meetings
9:00 am Regional Meetings10:00 am Break Refresh / Time with Sponsors
10:30 am MCOPA General Business Meeting (all associations convene in Main Room)12:30 pm Lunch
Click here to register for the meeting____________________________________________
Election of Officers for 2016
You must be an active or life member of the Association to cast a vote. You must register at the Registration Table to re-ceive your ballot. Any chiefs running for office and/or re-election must submit notification in writing to MCOPA 2016
Nominating Committee, Attn: Chief Richard E. Smith, Chairman, c/o MCOPA Office, 353 Providence Road, SouthGrafton, MA 01560 or via email to [email protected] and/or [email protected]
2016 Nominating Committee members are as follows:Chief Richard E. Smith, Wakefield PD - Chairman
Chief Jeffrey Farnsworth, Hampden PDChief Edward A. Dunne, Falmouth PD
Retired Lee Police Chief John J. Boyne passed away surrounded by family on October 12, 2015, at Berkshire Medi-cal Center. He was born May 12, 1936 to James and Malay Bianco Boyne. He graduated Lee High School in 1954. While at Lee High School, he captained the football team, was selected as an All-Berkshire nose guard, and met his wife of 57 years, Barbara Tower Boyne. A lifelong Lee resident, Chief Boyne
joined the Lee Police Dept. in 1959, following his service in the Marine Corps and his subsequent work as an engineer's assistant on the New York Thruway construction project. In 1964, at age 27, he was appointed Lee Chief of Police, a po-sition he served in until 1978. In his tenure as Chief, Chief Boyne was recognized for innovative and progressive law enforcement policies, practices and methods designed to overhaul antiquated local drug laws, and community polic-ing. His approach to government human resource manage-ment and compensation efforts for municipal workers and small police departments was recognized as a best practice by the Massachusetts Chiefs of Police Association. After his retirement from the Lee Police Department, Chief Boyne purchased and operated a truck and delivery service until his second retirement in 2007. Chief Boyne was a member of Saint Mary's Church. His passions outside of his family and profession were refinishing and collecting antiques and spending time with lifelong friends. Chief Boyne is survived by his wife, Barbara, brothers, James and Thomas, and sister, Sally Bak; daughters, Joanne Tierney (Dr. Brian Tierney), Candace Pettigrew (Lieutenant Thomas Pettigrew (Ret.), Hartford Fire Department), Suzanne Noyes (Michael), and Amy Valente, Ph.D. (Antonio); sons, Commander Mat-thew Boyne (Ret.), United States Navy (Marylee), and Chief Shawn Boyne, New Milford Police Department (Kim); and 17 grandchildren: Patrick, Molly, Kaylee, Chelsea, Collin, Christopher, Hannah, Colby, Kevin, Kyle, Michelle, Con-ner, Karalina, Mia, Maren, Bradley, and Benjamin. "Poppy's" family will fondly remember him for his kindhearted sense
of humor, unconditional love and support, and genial nature. FUNERAL NOTICE: A Liturgy of Christian Burial will be held on Saturday, Oct. 17th, at 10a.m. at St. Mary's church in Lee. Burial will follow in Fairmount Cemetery. There will be no visiting hours. In lieu of flowers, the family would like to establish a scholarship fund in John's name to benefit graduating Lee High School students who express an interest in obtaining a degree in Criminal Justice. Contributions may be made out to the John J. Boyne Scholarship Fund in c/o Kelly Funeral Home, 3 Main Street, Lee, MA 01238. If you would like to leave a message of condolence or share pictures please visit our web site at : www.kellyfuneral-home.net
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MPI Chiefs TrainingPeter F. Roddy, Executive Director
Municipal Police Institute
With the requirement this year that chiefs must comply with the veteran officer standard as well as chief ’s mandatory training, chiefs will be required to complete:• Fulldayoflegalupdates(6hours)• Halfdayofeyewitnessidentification(forthoseofficers who did not take the class this year) (3 hours)• Half day of defensive tactics skills training (3hours)• Halfdayofuse-of-forceconceptsandtacticsre-visited (3 hours)• Half day to discuss emerging issues resultingfrom the national dialogue regarding police training and community interactions (3 hours)• Online Critical Incident Response Protocolclass (1/2 hour)• Annual firearms training and re-qualificationrequirements• MeetthestatutorilymandatedCPRandfirstaidtraining requirements• Fairandimpartialpolicing(halfday)• Communityengagement(twohours)• Developing legitimacy and procedural justice(half day)• Creatingcommunitycollaborationsfordealingwith persons with mental illness (2 hours) Many have begun this training while attending the MCOPA Training September 14 &15; some have not. With this in mind and knowing how busy your schedules are,MPI, in conjunction with MCOPA, is offering our online service to all MCOPA chiefs as part of your 2015/2016 MCOPA dues. In other words, there is no additional cost to you or your community. We have begun posting our 2015/2016 programs on our website, mpitraining.org. More will be available as they are approved by the MPTC. To take advantage of this program, please contact Dawn Nanni for your login and password at 508.375.7782 or [email protected] We will help you get started. If I can help you with any of your training needs, please contact me at 508.839.5725 or [email protected]
