27 Jun 2012
The Town’s private investigator found Acting Town Manager Mike Milanoski innocent of interfering in police matters and Selectmen agreed 4-1 with Selectman Martha Gjesteby voting No.
It is the experience and opinion of this investigator, if there was the potential for a criminal charge in the picture, Chief DeLuca was not following proper procedures in ordering the officers to write To/From Reports of an issue which included a criminal offense without having previously advised them of their rights not to incriminate themselves.
If the investigation started on Saturday, May 19, 2012, the only person aware of it was Chief DeLuca. Clearly, Sgt. Treanor & Officer Reardon were not the subject of an active internal police investigation on Monday, May 21, 2012.
Officer Reardon clearly stated that never once did Mr. Milanoski suggest if the Union paid for the Sgt. Treanor’s election day overtime shift that any misconduct allegations would be dismissed. The investigator concluded Officer Reardon provided the most accurate account through his first hand knowledge of the conversation with Mr. Milanoski.
The investigator has come to the conclusion that Mr. Milanoski’s conversation with Union President Patrick Reardon was appropriate, as there is a clear previous history of conversations between them regarding normal union business. Mr. Milanoski did not attempt to influence an investigation he was not aware of on Monday, May 21, 2012 and was not initiated until Wednesday, May 23, 2012
The report was signed by Richard A. Sjoberg. report
Chief DeLuca’s attorney, Edward McNelley, said during an interview after the hearing, that he gave investigators an E-mail Report written by Deputy Chief William Quigley in which Officer Reardon had responded differently:
From: “William Quigley” <email@example.com>
Date: May 22, 2012 3:25:51 PM EDT
To: “‘Chief DeLuca’” <firstname.lastname@example.org>
Pursuant to your order to write a report regarding a call from Union President Patrick
Reardon yesterday, I submit the following:
On Monday, May 21, 2012, at about 7:30pm President Reardon called me at my home.
He wanted to run a scenario by me. Reardon said that TM Mike Milonoski (sic) called him while he (Reardon) was off duty yesterday and wanted to talk to him about a disciplinary matter that involved SGT Treanor.
Reardon reported to me that TM Milonoski (sic) proposed to him that if the Cohasset Police Union reimburse the Town of Cohasset for an overtime assignment that SGT Treanor worked, where he conducted union business on duty without permission, the matter would be settled.
Reardon said that he told Milonoski (sic) that he thought the chief handled such matters.
Milonoski (sic) stated that the chief did not need to know about this call and that this was
simply talking to the union president about a matter and exploring options.
After talking with Reardon I called you. This report reflects the best of my recollection.
Deputy Chief of Police
Cohasset Police Department
The investigator called Quilgey’s E-mail hearsay and third party, stating that Reardon who is president of the police union, was more reliable, first-hand source. According to the investigator, Reardon now denies the points of the e-mail, telling the investigator that “never once did Mr. Milanoski suggest if the Union paid for Sgt. Treanor’s election day overtime shift that any misconduct allegations would be dismissed.”
DeLuca’s Attorney, Edward McNelley, was not permitted to make any comments at the presentation. He said in an interview after the meeting that he felt the investigation was biased, making these points:
- The investigation was biased; Town Counsel should not have had any part in the investigation.
- Investigators were incorrect in assuming the investigation began on a Wednesday following the Saturday elections. “The investigation began as soon as the Acting Town Manager made a complaint.”
- Normally, conclusions are not made by the investigator. The facts are presented and the Board of Selectmen come to a conclusion (through a discussion of the facts presented). In this case, McNelley said the investigator provided Selectmen with the conclusion.
- A complaint can be verbal, it need not be written. This in answer to the investigator’s report that DeLuca did not fill out a complaint form.
- McNelley said a Police chief “orders” reports, he doesn’t’ “advise”; McNelley said this in reference to the investigators’ complaint that DeLuca was not following proper procedures in “ordering” his officers to revise their reports. (DeLuca told this newspaper the officers’ first reports led much to be desired; they were writing reports on a friend and ignoring the law; he was trying to educate them.)
- DeLuca cannot communicate with the Board of Selectmen directly. He has to go through channels. He attempted to talk to the Selectmen’s liaison to the police department, but a meeting with Selectman Fred Koed was cancelled.
- (Town Counsel Peter) Berry said the Acting Town Manager has the right to talk to the police union. But he wasn’t talking about police contracts on Monday, May 21, he was interfering. It says in his report Milanoski and Reardon were discussing the election day incident involving Sgt. Treanor driving the Cohasset Police Department’s Humbvee to the Town Common.
McNelley said he and his client have not yet been given a list of charges. “I have asked 10 times. If I can review the charges, the chief can respond.”
Berry said after the hearing that they were still working on the charges for having suspended DeLuca.