INFORMATION. In this month s issue: MONTHLY NEWSLETTER OF THE MASSACHUSETTS CHIEFS OF POLICE ASSOCIATION, INC. October 2015 VOL.

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1 INSIDE INFORMATION MONTHLY NEWSLETTER OF THE MASSACHUSETTS CHIEFS OF POLICE ASSOCIATION, INC. October 2015 VOL In this month s issue: President s Message General Counsel s Corner We Have Moved: MCOPA/MPI New Address Police Psychology Corner The Finish Line ABINGTON ~ ACTON ~ ACUSHNET ~ ADAMS ~ AGAWAM ~ ALFORD ~ AMESBURY ~ ASHFIELD ~ ASHLAND ~ ATHOL ~ ATTLEBORO ~ AUBURN ~ AVON ~ AYER ~ BARNSTABLE ~ BARRE ~ BECKET ~ BEDFORD ~ BELCHERTOWN ~ BELL- INGHAM ~ BELMONT ~ BERKLEY ~ BERLIN ~ BERNARDSTON ~ BEBERLY ~ BILLERICE ~ BLACKSTONE ~ BLANDFORD ~ BOLTON ~ BOSTON ~ BOURNE ~ BOXBOROUGH ~ BOXFORD ~ BOYLSTON ~ BRAINTREE ~ BREWSTER BRIDGEWATER ~ BRIGHTON ~ BRIMFIELD ~ BROCKTON ~ BROOKFIELD ~ BROOKLINE ~ BUCKLAND ~ BURLINGTON CAMBRIDGE ~ CANTON ~ CARLISLE ~ CARVER ~ CHARLEMONT ~ CEDAR ~ CHARLESTOWN ~ CHARLTON ~ CHATHAM CHELMSFORD ~ CHELSEA ~ CHESHIRE ~ CHESTER ~ CHESTERFIELD ~ CHICOPEE ~ CHILMARK ~ CLARKSBURG ~ CLINTON ~ COHAS- SET~ COLRAIN ~ CONCORD ~ CONWAY ~ CUMMINGTON ~ DALTON ~ DANVERS ~ DARTMOUTH ~ EDHAM ~ DEERFIELD ~ DENNIS ~ DIGHTON ~ DORCHESTER ~ DOUGLAS ~ DOVER ~ DRACUT ~ DUDLEY ~ DUNSTABLE DUXBURY ~ EAST BRIDGEWATER ~ EAST BROOKFIELD ~ EAST LONGMEADOW ~ EASTHAM ~ EASTHAMPTON ~ EASTON ~ EDGARTOWN ~ EGREMONT ~ ERVING ~ ESSEX ~ EVERETT ~ FAIRHAVEN ~ FALL RIVER ~ FALMOUTH ~ FITCHBURG ~ FLORIDA ~ FOXBORO ~ FRAMINGHAM ~ FRANKLIN ~ FREETOWN ~ GARDNER ~ GEORGETOWN ~ GILL~ GLOUCESTER ~ GOSHEN ~ GOSNOLD ~ GRAFTON ~ GRANBY ~ GRANVILLE ~ GREENFIELD ~ GROTON ~ GROVELAND ~ HADLEY ~ HALIFAX ~ HAMILTON ~ HAMPDEN ~ HANCOCK ~ HANOVER ~ HANSON ~ HARDWICK ~ HARVARD ~ HARWICH ~ HATFIELD ~ HAVERHILL ~ HAWLEY ~ HEATH ~ HINGHAM ~ HINSDALE ~ HOLBROOK ~ HOLDEN ~ HOLLAND ~ HOLLISTON ~ HOLYOKE ~ HOPEDALE ~ HOPKINTON ~ HUBBARDSTON ~ HUDSON ~ HULL ~ HUNTINGTON ~ IPSWICH ~ KINGSTON ~ LAKEVILLE ~ LANCASTER ~ LANESBOROUGH ~ LAWRENCE ~ LEE ~ LEICESTER ~ LENOX ~ LEOMINSTER ~ LEVERETT ~ LEXINGTON ~ LEYDEN ~ LINCOLN ~ LITTLETON ~ LONGMEADOW ~ LOWELL ~ LUDLOW ~ LUNENBURG ~ LYNN ~ LYNNFIELD ~ MALDEN ~ MANCHESTER ~ MANSFIELD MARBLEHEAD ~ MARION ~ MARLBOROUGH ~ MARSHFIELD ~ MASHPEE ~ MATTAPAN ~ MATTAPOISETT ~ MAYNARD MEDFIELD ~ MEDFORD ~ MEDWAY ~ MELROSE ~ MENDON ~ MERRIMAC ~ METHUEN ~ MIDDLEBOROUG ~ MIDDLETON ~ MILFORD ~ MILLBURY ~ MILLIS ~ MILTON ~ MONROE ~ MONSON ~ MONTAGUE ~ MONTEREY ~ MONTGOMERY ~ MOUNT WASHINGTON ~ NAHANT ~ NANTUCKET ~ NATICK ~ NEEDHAM ~ NEW ASHFORD ~ NEW BEDFORD ~ NEW BRAINTREE ~ NEW MARLBOROUGH ~ NEW SALEM ~ NEWBURY ~ NEWBURYPORT ~ NEWTON ~ NORFOLK ~ NORTH ADAMS ~ NORTHAMPTON ~ NORTH ANDOVER ~ NORTH ATTLEBOR OUGH ~ NORTHBOROUGH ~ NORTHBRIDGE ~ NORTH BROOKFIELD ~ NORTHFIELD ~ NORTH READING ~ NORTH TIS BURY ~ NORTON ~ NORWELL NORWOOD ~ OAK BLUFFS ~ OAKHAM ~ ORANGE ~ ORLEANS ~ OTIS ~ OXFORD ~ PALMER ~ PAXTON ~ PEABODY ~ PELHAM ~ PEMBROKE ~ PEPPERELL~ PERU ~ PETERSHAM ~ PHILLIPSTON ~ PITTSFIELD ~ PLAINFIELD ~ PLAINVILLE ~ PLYMOUTH ~ PLYMPTON ~ PRINCETON ~ PROVINCETOWN ~ QUINCY ~ RANDOLPH ~ RAYNHAM ~ READING ~ REHOBOTH ~ REVERE ~ RICHMOND ~ ROCHESTER ~ ROCKLAND ~ ROCKPORT ~ ROSLINDALE ~ ROWE ROWLEY ~ ROXBURY ~ ROYALSTON ~ RUSSELL ~ RUTLAND ~ SALEM ~ SALISBURY ~ SANDISFIELD ~ SAND WICH ~ SAUGUS ~ SAVOY ~ SCITUATE ~ SEEKONK ~ SHARON ~ SHEFFIELD ~ SHELBURNE ~ SHERBORN ~ SHIRLEY ~ SHREWSBURY ~ SHUTESBURY ~ SOMERSET ~ SOMERVILLE ~ SOUTH HADLEY ~ SOUTHAMPTON ~ SOUTHBOROUGH SOUTHBRIDGE ~ SOUTHWICK ~ SPENCER ~ SPRINGFIELD ~ STERLING ~ STOCKBRIDGE ~ STONEHAM ~ STOUGHTON STOW ~ STURBRIDGE ~ SUDBURY ~ SUNDERLAND ~ SUTTON ~ SWAMPSCOTT ~ SWANSEA ~ TAUNTON ~ TEMPLE TON TEWKSBURY ~ TISBURY ~ TOLLAND ~ TOPSFIELD ~ TOWNSEND ~ TRURO ~ TYNGSBOROUGH ~ TYRINGHAM ~ UPTON ~ UXBRIDGE ~ WAKEFIELD ~ WALES ~ WALPOLE ~ WALTHAM ~ WARE ~ WAREHAM ~ WARREN ~ WARWICK WASHINGTON ~ WATERTOWN ~ WAYLAND ~ WEBSTER ~ WELLESLEY ~ WELLFLEET ~ WENDELL ~ WENHAM ~ WEST BOYLSTON ~ WEST BRIDGEWATER ~ WEST BROOKFIELD ~ WEST WEST ROXBURY ~ WEST SPRINGFIELD ~ WEST STOCKBRIDGE ~ WEST TISBURY ~ WESTBOROUGH ~ WESTFIELD ~ WESTFORD ~ WESTHAMPTON ~ WESTMINSTER ~ WESTON ~ WESTPORT ~ WESTWOOD ~ WEYMOUTH ~ WHATLEY ~ WHITMAN ~ WILBRAHAM ~ WILLIAMSBURG ~ WIL LIAMSTOWN ~ WILMINGTON ~ WINCHENDON ~ WINCHESTER ~ WINDSOR ~ WINTHROP ~ WOBURN ~ WORCESTER ~ WORTHINGTON ~ WRENTHAM ~ YARMOUTH

2 2 NEW PRODUCT ARRIVING WEEKLY FOR THE 2016 FORD INTERCEPTOR UTILITY

3 2015 OFFICERS President Chief Douglas W. Mellis East Longmeadow 1st Vice President Chief Daniel R. Charette Southbridge 2nd Vice President Chief William G. Brooks, III Norwood 3rd Vice President Chief James A. DiGianvittorio Middleton Sergeant-at-Arms Chief Steven Wojnar Dudley Treasurer Chief Mark K. Leahy Northborough EXECUTIVE COMMITTEE Chief Erik G. Blake Oak Bluffs (Past President) Chief Rodney C. Collins Mashpee (Barnstable & Islands) Chief Stephen E. O Brien Lenox (Berkshire) Chief Brian M. Clark Norton (Bristol) Chief Russell M. Stevens Hamilton (Essex) Chief John P. Paciorek, Jr. Deerfield (Franklin) Chief Jeffrey Farnsworth Hampden (Hampden) Chief Francis R. Fox, Jr. Belchertown (Hampshire) Chief Steven A. Mazzie Everett (Major City Chiefs) October 2015 Vo l u m e Features President s Message Page 5 November Annual Meeting/Election of Officers Page 6 General Counsel s Corner Page 7 Executive Director s Report Page 10 The Finish Line 2015 / The Jimmy Fund Walk Page 11 COPPER - Chief Michael R. Healy (Ret.) Page 12 We Have Moved: MCOPA/MPI New Address Page 14 Crimes Against Canines Study Seeks any Dog Doe Page 15 Police Psychology Corner Page 16 Police Chief Vacancies Page 17 MPI Class Schedule Page 22 Monthly Proposed Membership Applications Page 6 Upcoming Retirements Page 6 Upcoming Events Page 9 In Memoriam Page 18 Chief James G. Hicks Natick (Middlesex) Chief Richard E. Smith Wakefield (Middlesex) Chief Richard Stillman Walpole (Norfolk) Chief Christopher D. Delmonte Bridgewater (Plymouth) Chief Brian A. Kyes Chelsea (Suffolk) Chief Patrick T. Foley Douglas (Worcester) Chief Scott Livingston Winchendon (Worcester) Chief Ernest H. Leffler Bentley University (Campus) Life Member Chief Peter F. Roddy (Ret.) Leominster Publication of the Massachusetts Chiefs of Police Association, Inc. Address: 353 Providence Road, South Grafton, Massachusetts Telephone: Facsimile: cheryl@masschiefs.org Advertising: Contact Cheryl Lott at No portion of this publication can be reproduced or transmitted in any form without the express prior written consent of the Association. 3

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5 President s Message Chief Douglas W. Mellis September was a very busy month for the Mass Chiefs. The summer has ended and we have resumed our Executive Board meetings with a full agenda to address. I have to tell you I was beginning to think I lived on the Mass Pike during this month of events.. We will be looking for some replacements on the Mass Chiefs Executive Board with retirements and resignations that have taken place within the last few weeks. Some of the other openings will involve membership on the Accreditation Committee as well as the MPTC committee. With the recent retirement of Walpole Chief Rick Stillman a seat opened on the State 911 Committee and Chief Christopher DelMonte was selected for this position. We are awaiting the Governor s approval on this selection. On Friday September 11, 2015 I was in attendance for the Amy Sweeney Civilian Bravery Award ceremony held at the State House in conjunction with the 911 ceremony. Later that evening joined other Chiefs and law enforcement personnel in wishing a long and healthy retirement to Col. Tim Alben at the Sheraton Tara in Framingham. Tim has been a good friend throughout his career. On Monday & Tuesday September 14th & 15th we held a two day training seminar in Norwood, MA. This was attended by over 200 of our Chiefs. 1st Vice President Chief William Brooks and many others did a great job in putting this program together. On Saturday September 19th, I was present for the send off in Springfield and then the welcoming to Boston of the 305 police officers and supporters for the 3rd annual Ride to Remember, a 106 mile bike ride from Springfield to State House in Boston. This ride supports the maintenance of the Massachusetts Law Enforcement Officers Memorial at Ashburton Park as well as police related projects in Springfield. I also greeted Watertown Officer Brandon O Neill as he completed a 106 mile run from Springfield to the State House. He was raising awareness for children with congenital heart defects, an illness his nine year daughter suffered from and had died in December Talk about a true act of love on his support to run this distance in 26.5 hours and the warm temperatures, what a class act this Officer is. Yes I did finish I missed the photo op as I was waiting for my daughter Kristen who did the full 26.2 marathon walk on Sunday September 27th. Congratulations to all, I believe we finished with 74 walkers in all. I wish to thank all the Chiefs and families that took part in this year s Jimmy Fund Walk. I chose to do the 13.1 from Wellesley and was fortunate to complete it. I tell you some of those curbs in Boston are awful high!! This past Monday September 29h I was present for the 32nd annual George L. Hanna Memorial Awards for Bravery ceremony in the State House Chamber. In attendance were Governor Baker & Lt. Gov. Polito and Attorney General Maura Healey and Public Safety Secretary Daniel Bennett. There were a total of 12 recipients with Lowell Police Officer Patrick F. Casey receiving the Medal of Honor for his actions involving a shooting. Just a few heads up for October, Friday October 16th at 12noon is the Massachusetts Law Enforcement Officers Memorial Ceremony at 12noon. All Departments should have received a save the date card on this event. We are always looking for Police Honor Guards so please feel free to contact Ret. Chief Ned Merrick at n.merrick@comcast.net if your agency wishes to take part. We will be honoring those Officers who have died in the line of duty during 2014 as well as those who have been discovered not to have been recognized over the years. October 23-27, I hope to see many of you at the IACP in Chicago where Wellesley Police Chief Terry Cunningham will be sworn in as the new President of the IACP. Safe Travels to all and Be Safe! Sincerely, Doug Mellis 5

6 Proposed Membership Applications Active Chief Mark L. Smith, North Brookfield Recommended by Chief A. Wayne Sampson (Ret.) Associate None Life None Mark Your Calendars November 12, 2015 November Annual Meeting and Election of Officers Pleasant Valley Country Club, Sutton, MA December 10, 2015 December Meeting and Installation of 2016 Officers Four Points by Sheraton - Norwood, MA Upcoming Retirements Marshal Thomas Howard, of the Newburyport Police Department on October 8, 2015 at 6:00 pm at Nicholson Hall, Harris Street, Newburyport, MA. Tickets are $35.00 per person. RSVP to: Salisbury Police Chief Tom Fowler, tfowler@salisburypolice. com Chief 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 or Town Manager s office ytortis@southbridgemass.org 6

7 General Counsel s Corner Attorney Eric Atstupenas 7 Stalking in the Age of Social Media As you are aware, the criminal charge of stalking is codified at G.L. c. 265, 43(a). A person is guilty of stalking if he or she (1) willfully and maliciously engages in a knowing pattern of conduct or series of acts over a period of time directed at a specific person which seriously alarms or annoys that person and would cause a reasonable person to suffer substantial emotional distress, and (2) makes a threat with the intent to place the person in imminent fear of death or bodily injury. The conduct, acts, or threats may be accomplished by means of electronic communication. This is particularly important in light of the rise of social media and networking sites. In Commonwealth v. Walters, the SJC had the opportunity to consider the use of social media (e.g. Facebook) in the context of a stalking charge under G.L. c. 265, 43(a). While the SJC determined that the stalking conviction should be reversed based upon the facts of the case, the SCJ did leave open the possibility that a defendant could be convicted of a charge for stalking through the use of social media. In particular, this case raised the question of whether a posting to the Web site Facebook may constitute a threat within the meaning of the stalking statute, G.L.c. 265, 43(a). The SJC concluded that although content posted to Facebook may qualify as a threat as defined in the statute, in this particular case, a reasonable jury could not have found that the defendant s Facebook profile page constituted such a threat. While the victim testified that she was terrified by the Facebook post, the SJC advised that her subjective reaction is not the crux of the inquiry. Instead, the focus is on the content of the post in the context of the past and present relationship of the parties and whether there is sufficient evidence of the defendant s intent to threaten the victim and whether the victim s fear was reasonable. For those interested, the SJC determined that the Facebook post, which contained a photograph and quotation, did not constitute a threat for the following reasons: 1. The Photograph: Although the photograph on the Facebook page was of the defendant holding a gun across his lap, the SJC found that there was nothing obviously menacing about this facial expression and that although his past actions might imply an intent to use guns to intimidate the victim, there was no evidence that the defendant had ever used a gun for a violent purpose in her presence, pointed a gun at her, or otherwise threatened physical violence toward her. Additionally, because the photograph was uploaded to the Facebook page in 2011, approximately three years after the last time that the victim saw the defendant with a gun, the relationship between the defendant s past behavior and the photograph is tenuous, especially considering that, given the defendant s status as a military veteran and apparently long-standing interest in guns, he could have intended the photograph to serve as an expressive statement regarding this status and interest. 2. The Quotation: The quotation on the Facebook page stated Make no mistake of my will to succeed in bringing you two idiots to justice. The SJC found that in the circumstances of this case, it is reasonable to interpret the two idiots as referring to the victim and [another]. But even if one reads the sentence in combination with the photograph of the defendant, any particular violent message that might be attributed to the defendant from the presence of these two elements on the same page is speculative. Although the photograph depicts the defendant holding a gun, nothing else about that image suggests a clear intent to commit violence. Furthermore, like the photograph, the word justice is amenable to a reasonable, nonviolent interpretation, namely, that the defendant intended to pursue whatever legal means might be available to right wrongs he perceived the victim had inflicted on him. The SJC summed up the case as follows: There is no question that new technology has created increasing opportunities for stalkers to monitor, harass, and instill fear in their victims, including through use of Web sites. Where a defendant has posted a threat to a Facebook page that meets the requirements of 43(a)(2), and has engaged in a series of acts or pattern of conduct described in 43(a) (1), the fact that the threat appears on the Internet is not a barrier to prosecution for stalking. Using Internal Affairs to Avoid Supervisory Liability Many times, the use of internal affairs investigations focuses primarily on one issue: discipline. As a result, many continued on page 8

8 General Counsel s Corner continued Continued from page 7 Chiefs only think of such investigations in the context of discipline and may be unaware of how such investigations could be used, proactively, to limit their own liability. A Brief Review of Liability under Section 1983 We know that the elements of a claim under 42 U.S.C are: (1) that the defendant acted under color of state law; and (2) that the defendant's conduct worked a denial of rights secured by the Constitution or by federal law. But when can a chief be held liable under a supervisory liability theory under a Section 1983 claim? Under section 1983, a supervisory official may be held liable for his subordinates' behavior only if (1) his subordinates' behavior results in a constitutional violation; and (2) the official's action or inaction was affirmatively linked to that behavior such that it could be characterized as supervisory encouragement, condonation or acquiescence or gross negligence amounting to deliberate indifference. Colon-Andino v. Toledo-Davila, 634 F.Supp.2d 220, 232 (D.P.R. 2009) (quoting Pineda v. Toomey, 533 F.3d 50, 54 (1st Cir.2008)). The key phrase here is: deliberate indifference. Recommendations for Internal Affairs Investigations So how does supervisory liability apply to internal affairs investigations? It applies because an investigation may be used as a tool not only to determine fault, but most importantly, to: (a) determine policy weaknesses and flaws; (b) determine lack of training; (c) determine lack of officer understanding; (d) determine faulty or unlawful patterns and practices; and (e) show action taken by the supervisors in response to a potential issue in the department. Many of you have heard me say before that as supervisors, you have the obligation to act when you have knowledge of a potential policy, rule or legal violation in your agency. Keep in mind that knowledge means that you either knew or should have known of the violation, so being an ostrich, or putting your head in the sand, is no defense. Under Section 1983, failing to take proper action could be viewed as deliberate indifference. As a result, it is important to take action, and when necessary, use investigations to limit potential claims. When should an internal affairs investigation be initiated? From a liability standpoint, an investigation should be initiated as soon as you have knowledge that there is an issue which would normally be subject to investigation. Some may think it is prudent to wait until a criminal or civil proceeding is completed until an investigation is initiated. This, however, is not recommended. Keep in mind that civil proceedings, in particular, can last for years before they are completed. Let s consider an example: A chief learns that an officer may have used more force than was necessary to effectuate an arrest of a suspect. Suppose that the suspect never files a formal complaint, but other officers involved in the arrest suggest to the chief that excessive force was used. It would be prudent to immediately investigate the matter to ensure that the officer used the proper amount of force under the policy and the law. It would not be prudent to wait until all potential civil and criminal proceedings were concluded before taking action (which could last years). If the officer uses excessive force again, and it was shown that a prior similar instance was never properly investigated, then that individual could raise a claim under Section 1983 against the chief for supervisory liability in being deliberately indifferent to the officer s excessive use of force. Therefore, be sure to take the proper investigatory measures when you have knowledge (meaning that you knew or should have known) that a member of the agency has violated department policies, rules or the law in order to minimize potential exposure under a supervisory liability theory under Section Update Relative to Boston Police Detail Bill This month, we received an influx of questions from concern chiefs after it was reported that Governor Baker vetoed a bill (Home Rule Petition) which would have allowed retired Boston police officers to serve on police details. It was reported that the bill was vetoed after concerns were raised by the Department of Labor that the unemployment provisions in the bill would violate federal law. Of particular note was that the bill exempted the retired officers from receiving unemployment benefits even if the officers met the applicable criteria upon separation. We have been fortunate to work closely with the Legal Counsel for the Boston Police Department in order to give the MCOPA membership some guidance as to what this veto means. Boston Police Department Legal Counsel has provided us with the following explanation which they have authorized us to distribute to the MCOPA membership: The bill was vetoed by the Governor because the Department of Labor informed his office that exempting unemployment insurance from the bill would not conform with federal law. In essence, you cannot exempt the retired officer's ability to collect unemployment insurance should the retired officer meet the statutory requirements to collect upon separation. Know that Boston's Home Rule was based on Home Rules filed by other cities and towns, which also excluded unemployment insurance. The feds somehow missed it when these were passed. I expect that the state will try to rectify this issue, and fix those existing laws which currently exempt unemployment insurance. Each city and town will need to consider the financial implications of this change on their respective municipalities, as we are doing here in Boston currently. continued on page 16 8

9 UPCOMING EVENTS EXECUTIVE BOARD MEETINGS * * *Now Available * * * MCOPA Logo Online Store Follow the Quick Links for the MCOPA Logo Online Store at 10/8/15 12:00 pm - Chateau Restaurant, Westboro 11/12/15 9:00 am - Pleasant Valley CC, Sutton 12/10/15 9:00 am - Four Points by Sheraton - Norwood GENERAL MEETINGS/EVENTS 11/12/15 November Annual Meeting/Election of Officers, Pleasant Valley CC, Sutton 12/10/15 December Meeting/Installation Ceremony Four Points by Sheraton - Norwood 9

10 Executive Director s Report Chief A. Wayne Sampson, (Ret.) We are settling in to the new office space and are just waiting for the conference room furniture and the window treatments. They did a great job! We would certainly like to thank Chief Norm Crepeau and the Town of Grafton for allowing us to be in their building for the past 8 years. Both MCOPA and MPI certainly appreciate the excellent working relationship with the Grafton PD and all their members. We would like to recognize the incredible effort of the MCOPA 21 Century Policing Committee Chaired by Chief Bill Brooks and Chief Brian Keys for their training session held in September. With over 200 Chiefs from across the state, it was one of the largest trainers we have ever had. Great job to everyone. We would like to welcome Chief Peter McGowan of Norfolk and Chief Edward Dunn of Falmouth as new Board members. The office has sent out a request for letters of interest from chiefs that would be interested in filling a seat on the MPTC. Thank you to all the Chiefs and their families that turned out for the Jimmy Fund walk. Please view the pictures in this issue of Lucas and his family. They made a very emotional appearance before the Board of Directors in September. We hope to see all of you in Chicago this month at the IACP. It will be a great year for Massachusetts as Chief Terrence Cunningham will be sworn in as the International President of IACP and Wakefield Chief will be sworn in as Vice President at Large. Stay safe and we will see you in Chicago. 10 Attention Chiefs Please let us know if you are NOT receiving daily s from our Association as some Chiefs have indicated that they are not receiving s from our Constant Contact service.

11 THE FINISH LINE 2015 BOSTON MARATHON JIMMY FUND WALK We just wanted to thank everyone who took the time and walked for the Jimmy Fund and our Team Police Chiefs on Sunday, September 27, We had a great day, weather, our hero Lucas and his family was extremely happy to be surrounded by so many CHIEFS and our friends. Again special thanks to Mike Healy and the retired Chiefs, some who traveled distances to be with us. And another Thanks, also, to Chief Tim Ryan who took a lot of photo- graphs. And a final thank you to our President Doug, who did make it to the finish line, great job Mr. President. Note from the Jimmy Fund; October 19 is the deadline for the fundraising minimum and all funds for 2015 should be in by October 31. Thank you again, Chiefs Patrick T. Foley and Mark Leahy Co- Chairs Jimmy Fund Committee Hats off to Melrose Police Chief Mike Lyle (left) and his wife Eileen, as well as Kristen Mellis (right) who walked the entire 26.2 mile Boston Marathon route! 11

12 COPPER Chief Michael R. Healy, Ret. How many of you were around in 1993 working within the police profession? Now how many of you were actually police chiefs in 1993? If you were a chief in 1993 you probably remember this. This was the placemat that McDonalds put on their trays for dining in the restaurant during the month of September Also listed on the placemat were the names and departments of the chiefs involved in the New York to Boston Jimmy Fund Run. There were 49 chiefs listed as participating. Sadly, with the new generation this doubles the number of chiefs today that actually take part in the Jimmy Fund Walk. If it were not for family and friends participating and signing on to join Team Police Chiefs walk group you would barely have enough to field two football teams. Isn t that a sad state of affairs? Look at the communities that joined the Run for Jimmy twenty plus years ago. There are forty-nine listed and there were some departments who took part and were not on the placemat. Those chiefs didn t walk they ran and many left their departments on Friday returning from Boston on Sunday. Remember that generation X officer you hired? Well those officers have now been promoted and are sitting in your old chair. Thoughts for the Day The grandkids text me "plz" which is shorter than please. I text back "no" which is shorter than "yes". The rule: Anytime you have a chance of getting something right, there's a 90% probability you'll get it wrong. Mystery Trivia Last month the trivia question was a personal one. I asked what you had done in support of your MCOPA and their fight against cancer in partnership with the Jimmy Fund. Only you can answer that but witnessing the turnout at the Jimmy Fund Walk I certainly was not impressed. Just think, we have 351 city and town police chiefs, a couple dozen college and university chiefs and several other authorities with police administrators all of whom want recognition as the POLICE CHIEF. However, I ll bet there were no more than 40 who participated and of those about 15 were retired. To those of you who took the time to walk and join your association in support of the Jimmy Fund I salute you. This month s trivia question This month s trivia question asks you to identify when the first breathalyzer was used and when and where the first drunk driving laws were adopted? 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 topcopwpd1@gmail.com Pictures from the past Chiefs visit Dana Farber and meet the patients. Hall of badges at Dana Farber for those who have not seen it The importance of checking your spelling (Don t rely on spell check) Joe s neighbor sent him the following . "Joe, I'm sorry. I've been riddled with guilt and I have to confess: I have been helping myself to your wife when you're not around, probably more than you. I know it's no excuse, but I don't get it at home. I can't live with the guilt any longer and I hope you'll accept my sincerest apology. It won't happen again." Feeling outraged and betrayed, Joe grabs his gun, goes into the bedroom, and without a word, shoots his wife. Moments later the guy gets a second text: " Sorry! I really should use spell check! That should have said 'wifi'." Remember to update your contact information with continued on page 13 12

13 continued from page 12 COPPER Chief Michael R. Healy, Ret. Cheryl at the MCOPA office. If you changed your , snail mail or phone information during the last year, please send her your new information. Her address is If you have any useless trivial information you want me to include in the COPPER please contact me at or call me at (508) Send me some of your old photos of past meetings and IACP trips and I will put them in the newsletter. My mailing address is 2 Redwood Circle, Boylston, MA Let s stay connected. Here s to good health in your retirement. I would like to take a moment to thank my daughter-in-law Kristen Balunas, owner of kylcreative.com, for her design of our COPPER logo on our shirts this year. Kris designed this about 4 years ago and each year makes the necessary date change. I would also like to thank David Eycleshymer and Liz Costa and MHQ for once again providing the shirts for the retired chiefs who participate in the Jimmy Fund Walk. Your contribution is much appreciated. Quote of the month: The reason people blame things on previous generations is that there s only one other choice Doug Larson September 27, 2015 was the date of the Jimmy Fund Walk. Did you join Team Police Chief in their fight to beat Cancer? If you did thank you. SLAINTE MHATH. 13

14 WE HAVE MOVED OUR OFFICES All 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 Road South Grafton, MA You can reach us at the following main numbers: MA Chiefs of Police Association Municipal Police Institute General Fax: Please 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 Association Executive Director / Chief A. Wayne Sampson Administrative Assistant / Cheryl Lott General Counsel / Eric Atstupenas Municipal Police Institute Executive Director / Chief Peter Roddy Administrative Director / Dawn Nanni Director of Training / David O'Laughlin Media Director / Erik Abasciano

15 Crimes Against Canines Study Seeks Any Dog Doe Massachusetts veterinarian conducting study on causes of death in Massachusetts dogs This project is being conducted to determine the extent of non-accidental injury or suspicious deaths of dogs encountered by police, veterinarians and animal control officers in Massachusetts. Until the end of June of 2016, there will be free assistance to help identify cases of non-accidental injury or death in dogs. The case of Puppy Doe, the dog found so badly injured in Quincy, MA that she had to be euthanized, has generated more interest in animal cruelty in Massachusetts than ever before. Because of this case, the penalties for an animal cruelty conviction have been increased. Also, the governor has appointed a task force to review cruelty laws and make recommendations for strengthening these laws. The increasing attention to animal cruelty in Massachusetts is mirrored by increasing attention to animal cruelty on a national level. Starting in 2016, animal cruelty will be considered a Group A offense in the Uniform Crime Report/NIBRS system. Animal cruelty will be coded 720, data element 12 with the subtypes a, simple abuse/neglect, i, intentional abuse/torture, s, animal sexual abuse and f animal fighting. The reasons for this change are due to the frequent and close association of other violent crimes with animal cruelty offenses. For veterinarian Martha Smith-Blackmore, the Puppy Doe case had a direct and personal impact. Dr. Smith worked closely with law enforcement officer at the Animal Rescue League of Boston and the Massachusetts SPCA for over 17 years. She assisted these officers with cruelty investigations, and became increasingly interested in veterinary forensics. Dr. Smith-Blackmore helped to investigate cases of simple neglect/abuse, intentional abuse, organized abuse (fighting) and animal sexual abuse, all while balancing administrative duties as vice president of animal welfare at the Animal Rescue League of Boston. The Puppy Doe case was pivotal for Dr. Smith. She decided while working on that case, there was no more important work for her to do than to concentrate on helping solve cases of animal cruelty. Dr. Smith left her position at the Animal Rescue League of Boston to focus on veterinary forensics. She is now doing a one year research project through Tufts University Cummings School of Veterinary Medicine funded by the Stanton Foundation. She will be investigating the causes of death for dogs found dead in Massachusetts. If you find a dead dog in your community, Dr. Smith will pick the dog up and perform a necropsy at no cost to you. If a dog is harmed in your community, Dr. Smith will consult with the attending veterinarian to help determine the cause of injury. The project is open now, and will continue through June of Dr. Smith can be contacted by cell at or marthasmithdvm@gmail.com. If one of your officers 15 is called to the scene of a dead dog, call, please text or Dr. Smith as soon as possible. Some pointers: Information from the scene is very important. When possible, Dr. Smith would like to come to the scene to examine the dead dog in place. She will respond 24/7 whenever possible If the dog must be removed from the scene before Dr. Smith can be called or before she can get to the scene, photos should be taken of the dead dog in the position it was when it was found and the surrounding area Dr. Smith performs very thorough necropsies, so the remains will be reduced to tissue and bone, there will not be a full body of a dog at the end of this process Dr. Smith will provide necropsy photos and a write up of what was discovered through the necropsy process If it is found that the dog was killed by non-accidental injury or other suspicious circumstances, the remains are still evidence even after dissection and should be maintained throughout the legal process Dr. Smith will freeze the remains after the examination. She asks that the submitting officer take possession of the frozen remains within two weeks after the necropsy is completed If you do not have freezer hold facilities for the remains she will work with you to find alternate storage, or she will provide cremation services at no cost to you or your town Dr. Smith is also interested in cases of suspicious injury in live dogs as well. She cannot provide veterinary care for injured dogs, but she is available to consult with your veterinarian, come out and examine the dog, or review records and radiographs. She can help make a determination of the cause of injury and give advice on case packaging for investigators and prosecutors. This study designed to investigate injury to the unknown dog, the Dog Doe. However, please feel free to call and consult on cases involving any dog. In addition to the free necropsy service, Dr. Smith will also be requesting ACOs of Massachusetts to complete a questionnaire about their experiences with injured and dead dogs, and what resources they have available to them. Dr. Smith hopes that her work will result in more resources to support investigations of animal cruelty by ACOs in the future. The survey should be released in the next few weeks. This project is limited to the investigation of harm to dogs. While Dr. Smith cares deeply about all species, including humans, her driving question this year is What is good for the dog? Dr. Smith hopes that her research will have a lasting impact improving canine welfare in Massachusetts and beyond. For more information about Dr. Smith s work, please marthasmithdvm@gmail.com or visit

16 Police Psychology Corner Leo F. Polizoti, Ph.D. Police, Consulting Psychologist, Training Consultant, MPI / web page: drdecision.com / Telephone: (508) Suicide Prevention Using QPR Police suicide continues to remain a hot topic for obvious reasons. The month of September is Suicide Awareness Month so I thought I'd put information on that topic in this month's article. If there is any question of the possibility of suicide from another officer, or if there is a sense of hopelessness as manifested by the following types of comments: What's the use? Why go on? or anything that conveys a feeling of not being able to see the light at the end of the tunnel, especially if there is also evidence of substance abuse, major personal loss, emotional problems and depression coupled with substance abuse, then it is time to act. Ask the person, In the past two weeks, have you had thoughts that you'd be better off dead or hurting yourself in some way? If they answer no then they are a low risk for suicide. If they answer yes ask, Are you saying that you have had thoughts of harming yourself? If yes to that second question, then the risk is higher. If no then the risk is low. Question the person in question about possible suicide. The two questions above can be very useful. Do it in a private setting with an approach that shows concern. Attempt to Persuade them to get help. Use whatever influence you may have to get him to take some action. Do not push too much because that usually does not work. Refer them to the Stress Unit or anyone that can help. Refer to a therapist or an EAP provider. Assist them, if need be, in contacting the referral person. Tell them you will make the call for them or offer to go to the first meeting with them. Do anything that you think may help but do not push them too much. The following tips will be helpful with the QPR process. Be direct and speak matter-of-factly about suicide. Not like it's not a big deal but as if you're giving someone directions to go somewhere and trying to point out the best route. Be willing to listen. Let them express feelings. Be non-judgmental. Don't lecture on the value of life for example. DO NOT PLAY THERAPIST. That could create more problems and put you in a poor position should things go south as they say. Remember, it is not your responsibility to save him or her. You are just attempting to help out as a fellow police officer. If you have any questions about this information, please contact me. General Counsel s Corner continued Continued from page 8 Any municipalities which presently have a Home Rule which excludes unemployment insurance in situations similar to those in the Boston Home Rule should be aware that the State will likely be attempting to rectify that issue in the near future. Such municipalities should consider the potential cost and financial burden upon the municipality should their Home Rule be amended to include unemployment insurance provisions. The veto does not seem to affect any Home Rules which do not exempt unemployment insurance. We will continue to remain in contact with our sources in the Legislature to determine when these potential amendments could take place. 16

17 Police Chief Vacancies Town of Belchertown, MA The Town of Belchertown is seeking qualified applicants for the position of full-time Chief of Police. Applicants must be a US citizen and hold an active Massachusetts 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 officer. Appointment is subject to physical and psychological examinations and also subject to a background investigation. 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 Administrator, Town of Belchertown, P.O. Box 670, Belchertown, MA Filing deadline is 4:00 p.m. on Friday, November 13, The Town of Belchertown is an Equal Opportunity Employer. Town of West Newbury, MA The Town of West Newbury, MA, is seeking a progressive, community-oriented Police Chief to lead a department of full-time and reserve Police officers and the Dispatch Department. The Chief of Police is the Chief administrative officer of the Police and Dispatch departments and the final departmental authority in all matter of policy, operations and discipline. A Bachelor s Degree in criminal justice or a related field is required. Master s Degree in Criminal Justice, public administration or a related field preferred. Salary range based on experience, begins at $90,000. Qualified applicants should send a letter of interest & resume to Board of Selectmen, West Newbury Town Office Building, 381 Main Street, West Newbury, MA Applications should be submitted by October 16, AA/EOE Please refer to our website for additional information News/ F

18 Lieutenant Thomas T. Hutton (Ret.) Nahant Police Department September 17, 2015 Nahant Police Lieutenant (Ret.) Thomas Hutton, age 66, died, peacefully, at the Holy Family Hospital, Methuen, from complications due to an accident in January. He was the husband of Beverly (Oxton) Hutton, with whom he shared 44 years of marriage. Born and raised in Lynn, he was the son of the late Reginald and Gertrude (Buckingham) Hutton. He attended Lynn Schools and was a graduate of Lynn English High School. He had lived in Topsfield for 30 years until moving to Salisbury 3 years ago. He joined the Nahant Police Department in 1972 and would serve the town until his retirement in August of During his career with the Nahant Police Tom became well known and respected by, not only his fellow officers, but by the citizens of Nahant. He was an experienced EMT, and a leader of many issues around town. He led the drive for a Memorial honoring fallen officers from Nahant, was a founder of the Nahant Christmas Parade, and was instrumental with the Memorial Day Parade. He was also a Real Estate Broker with Century 21, Hughes, Lynn. When not working, Tom enjoyed caring for his yard, following the Boston Red Sox, and most especially, spending time with his granddaughter Madeline. In addition to his wife, he is survived by a son; Jeffrey Hutton and his wife Lindsay and their daughter Madeline, of Peabody, 3 sisters; Beverly Belliveau and her husband Paul, of Nahant, Barbara Kiley and her husband Tom, of Marston Mills, and Donna Sofronas, of Swampscott. As well as many nieces, nephews, cousins, and a multitude of friends. He was also the brother of the late Jean Caswell, and the brother-inlaw of the late George Sofronas. His Funeral will be held on Wednesday at 11am in the Nahant Village Church, 27 Cliff Street, Nahant. Burial will follow in Greenlawn Cemetery, Nahant. Relatives and friends are respectfully invited. Visiting hours will be held on Tuesday from 4pm-8pm in the SOLIMINE FUNERAL HOME 67 OCEAN ST. (RTE1A), LYNN. In lieu of flowers, donations can be made to the Nahant Santa Parade and sent directly to the Equitable Bank of Nahant at 28 Nahant Rd, Nahant, MA The Scholarship associated with the Santa Parade will be renamed the Thomas Hutton Scholarship and awarded to a High School Senior graduating from any High School that previously attended the Nahant school system. - See more at: Thomas-T.-Hutton/Salisbury-MA/ #sthash. POLodyUx.3YOVUV10.dpuf 18

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22 22 Date Seminar Location Cost October 15 & 16, 2015 Search Warrant Preparation (2 Day) Palmer Police Department $ October 15 & 16, 2015 October 19 23, 2015 October 20 22, 2015 Assessment Center Testing Preparation for Supervisors (2 Day) Basic & Advanced Fingerprint Classification and Comparison Advanced Digital Photography for Law Enforcement 4 Day Intensive and Comprehensive Assessment Center Testing Preparation Wilmington Police Department Enfield CT Police Department Foxborough Police Department $ $ $ October 20 23, 2015 Grafton Police Department $ October 26 30, 2015 Internal Affairs Certification Program Grafton Police Department $ October 27 29, 2015 Dust n Bust Medford Police Department $ November 3 5, 2015 Dust n Bust Palmer Police Department $ Managing and Conducting Background November 3, 2015 Investigations Grafton Police Department $ November 4, 2015 Crisis Negotiations for Police Officers Grafton Police Department $ November 5, 2015 Property & Evidence Room Management Grafton Police Department $ November 5, 12 & December 3, Day Budget Training Hopkinton Police Department $ November 9 & 10, 2015 Annual Sergeants Conference (2 Day) Holiday Inn, Marlborough $ Understanding and Complying with FMLA and November 11, 2015 the FLSA *Manual Included Palmer Police Department $ November 12, 2015 Use of Force Liability for Supervisors Grafton Police Department $ November 13, 2015 Advanced OUI Clinic Grafton Police Department $ Day 3 Executive Development Series November 17, 2015 Internal Affairs Grafton Police Department $99.00 Basic Digital Photography for Law Stockbridge Police November 17 19, 2015 Enforcement Department $ November 19, 2015 Use of Force Investigations for Supervisors Hanson Police Department $ November 30 December 4, 2015 Field Training Officer Program 5 Day Grafton Police Department $ Basic & Advanced Fingerprint Classification Wilmington Police December 7 11, 2015 and Comparison Department $ December 9, 2015 Performance Evaluations for Supervisors Grafton Police Department $ December 10, 2015 Supervisor Liability Grafton Police Department $ December 11, 2015 Accountability & Discipline Grafton Police Department $ Day 4 Executive Development Series December 15, 2015 Labor Relations/MCAD Grafton Police Department $99.00 Basic Digital Photography for Law December 15 17, 2015 Enforcement Peabody Police Department $ Basic & Advanced Fingerprint Classification January 11 15, 2016 and Comparison Oxford Police Department $ January 12, 2016 Day 5 Executive Development Series Grafton Police Department $99.00