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.
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We’re sure Carr (former two-term Cohasset Selectman) figured it would be a cute job to add to his resume when he applied for this position, and the Acting Town Manager probably didn’t know what the job entailed –climbing up to the steeple of the First Parish Church once a week and actually being able to fix things when you get there. You need some special clock tools, too.
Selectmen Martha Gjesteby and Chair Paul Carlson wisely advised the board to take no action on the position… allowing it be continued to be “covered” by Noel Ripley, Jr., who has been servicing the clock at the First Parish Church since his father passed away 7 years ago. Before that, Noel’s father, also named Noel, serviced the clock. Noel visits the clock on a weekly basis, climbing up into the top of the church, near the steeple, which can be scary. The Ripley’s have never charged the Town one dime for this service.
Officially, only town residents can be appointed to these positions. Ripley now lives in Norwell. Like we said – Selectmen appointed no one. They are brilliant at learning how to get around the law. In this case, it was a good decision.
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No discussion
No debate.
Newly elected Cohasset Selectman Martha Gjesteby recently discovered that Milanoski’s contract was never voted in public session; the board made it legal by re-voting it last night. The vote was 3-1, with Gjesteby voting No.
It was too late in the evening to interview Gjesteby regarding the reasons she had voted against Milanoski’s contract.
Selectman Diane Kennedy was not present at the meeting, although she did cast an electronic vote earlier in the meeting, voting in favor of Milansoki’s innocent in interfering in police matters.
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The investigation into Acting Town Manager Mike Milanoski’s interference with the police department will be further discussed tonight at 8:30 p.m. at the Selectmen’s meeting. Investigators met with Chief DeLuca and his attorney yesterday afternoon. It is expected that suspended Police Chief Mark DeLuca and Atty. Jack Shea will attend tonight’s meeting.
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This past Tuesday I returned to Town Hall to hear the preliminary report on the whether the Interim Town Manager interfered with an internal investigation being conducted by Chief Mark Deluca. As a former Assistant District Attorney, Army JAG lawyer and town manager/administrator, I was amazed at the approach the investigation is taking.
In any investigation the complainant is the first to be interviewed. In this case, Chief Deluca will be the last. It is also erroneous to assume that an objective investigation can only be conducted on the basis of a written statement. As to claims that he was extended a fair opportunity to comment is outrageous as his attorney was only contacted 10PM the night before Tuesday’s meeting.
The preliminary report was also quick to exonerate but deficit in its reasoning. First, it was reasoned by the Chairman that Chief Deluca launched an inquiry only after Chief Deluca learned that the interim town manager spoke to the union president. I can tell you from over a decade of experience that an internal inquiry is launched the moment a Town Manager/Town Administrator contacts the community’s chief law enforcement officer. In other words, the fuse was lit the Saturday of election day when Interim Town Manager Milanowski called Chief Deluca. A fact buttressed by former Chief Jim Hussey – who in addition to being Cohasset’s former top cop headed the Internal Affairs Division of the Boston Police Department.
Secondly, while the fact that a Town Manager has the authority to speak directly to union personnel without involving either the chief or department head is technically legal, no seasoned town manager/administrator worth his salt would ever undercut the actions of a top manager except in the most extreme circumstances. The fact that the Interim Town Manager specifically asked the Town Attorney to point this out weakens the public’s confidence in the objectivity of the inquiry and creates a question as to whether the one being investigated is actually leading the investigation.
The letters from both the Attorney General’s Office and State Ethics Commission do not actually clear anyone. The Attorney General letter- typical in such matters– the criminal division leaves the issue to the local administrative authority while the State Ethics Commission bases its letter on a phone conversation that the circumstances of the matters are exactly the way the Interim Town Manager has portrayed them. In any investigation, there are always two sides of every story, conflicting statements as well as circumstances. So the reasoning that one could base exonerating the Interim Town Manager can be based upon these documents is also clearly erroneous.
Chief Deluca needs to be heard as he has direct knowledge of the events not hearsay as it was reasoned by another commentator last night nor can the magnitude of the issue be diminished like another tried to do. Chief Deluca’s job and reputation are on the line as well as the integrity of the department. This is as serious as it gets. Finally, the fact that four of the five selectmen are ready to exonerate the Interim Town Manager before a final and complete report is rendered is also troubling as to their objectivity and fairness in the future.
As the old adage states, those who forget history are doomed to repeat it. As former Chief Hussey reminded the board on Tuesday the Cohasset Police Department suffered several years ago from ill conceived and biased investigations as to officers conduct in the past– ending up costing the town money while tarnishing the image of the police department as a whole. The Board of Selectmen would be wise to consider Chief Hussey’s advice.
Mike Coughlin (former Cohasset Town Manager
Peabody, Ma
Cohasset Selectmen’s Meeting June 19
1. Town Counsel and a private investigator are giving the board the results of an investigation in which Acting Town Manager Mike Milanoski is the defendant.
2. Town Counsel finds Milanoski innocent of charges made by the suspended Police Chief .
3. Town Counsel and the investigator never interviewed the suspended Police Chief. Normal procedure would have been to talk to him before the investigation took place and then at the conclusion of the investigation. To not talk with him at all and to find it unnecessary to speak with him, is highly unusual. Selectmen vote to have the investigators interview the chief before their meeting on June 26.
3. It is now later in the evening, at the same meeting. Milanoski recommends that Selectmen sign a new contract with Town Counsel. For some time the board has been discussing putting out an RFP for Town Counsel to see if the Town can get a better price from another firm. Another firm had been tapped. But now Milanoski recommends that the BOS stay with Town Counsel; he feels the Town can negotiate some prices from within the present contract.
4. Milanoski may have been leaning in this direction, anyway. But now there’s a question of partiality.
Is suspended Police Chief Mark DeLuca getting a fair shake? The people investigating this matter should not be related to the Town in any way. Town Counsel protects the Selectmen. He works with Milanoski on a daily basis. Mialnoski doesn’t directly hire Town Counsel but his recommendation is powerful. This same evening Milanoski directed his board away from putting out a legal RFP. He, Milanoski, will be negotiating a new contract with Town Counsel, who has just found him innocent. It may not be quid pro quo, but it sure fits the definition.
Chief DeLuca’s livelihood and reputation are at stake here.
Selectmen can not be too busy to do the right thing by this man.
It was all going so well at last night’s kangaroo court; Chairman Carlson thought he had this chapter signed, sealed and delivered… when did the investigation start? If it was after TM Milanoski interfered, then he technically couldn’t have interfered; case closed. Jenkins made the motion on cue; the vote was four to one, looked like a done deal.
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Selectmen voted to hold their final decision on whether their Acting Town Manager, Mike Milanoski, did or did not interfere in a police matter until such time as Suspended Police Chief Mark DeLuca can be interviewed.
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Edward J. McNeeley, attorney for suspended Cohasset Police Chief Mark DeLuca, told this blog that he was called by Peter Berry of Town Counsel’s firm last night (6/18/12) at 10 P.M. McNeeley said Berry invited his client to be interviewed by them today (Tuesday, June 19th) at 2PM with regard to the independent investigation of the police department. This was the first DeLuca and his attorney had heard from the Town since DeLuca’s suspension on May 25.
Scheduling a meeting with DeLuca four hours and 15 minutes before Selectmen are to discuss the preliminary inquiry – is a very late dance invitation. Not even time to rent a tux.
McNeeley said his client looks forward to the opportunity to be interviewed regarding the investigation, but that they had to decline the invitation as there would have been no time to prepare. Furthermore, DeLuca has yet to receive any details regarding the charges against him.
The Selectmen’s Agenda states that the independent police investigation (the preliminary inquiry) will be discussed at 7:25 p.m. this evening.
McNelley is a principal at Barnicle, McNelley & Nugent of Boston. He was a Captain Detective at Boston Police for 33 years and a Sergeant at United States Army. He graduated from the New England School of Law and Boston State College.
I am smiling as I read the Selectmen’s agenda for their Tuesday, June 19 meeting.
At 7:25 Selectmen will review the results of their independent investigation of allegations raised by (the) Police Chief after he was put on paid administrative leave –already the reader is being subjected to a pile of garbage.
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