Cop sues city

By George P. Hassett

A police officer was denied a promotion after his vocal opposition to the mayor’s reorganization of the police department, alleged a federal lawsuit filed Wednesday, April 4.

Sgt. Joseph E. McCain was set to be the next sergeant promoted to lieutenant. But then he strongly spoke out against Mayor Joseph A. Curtatone’s ordinance removing the police chief’s position from civil service and making it a mayoral appointment. In addition, McCain participated in patrolmen’s union pickets of Curtatone at City Hall.
As a result, Curtatone and Acting Chief Robert R. Bradley failed to fill the open lieutenant vacancy and allowed the civil service list McCain was on to expire to avoid promoting him, according to the lawsuit. McCain claims his First Amendment rights were violated and is asking the federal court to award him damages, pay for his attorneys fees, and prevent the city from filling the lieutenant’s position McCain believes is rightfully his.
City Solicitor John Gannon strongly denied McCain’s allegation but refused to comment further.
  According to the lawsuit, McCain took the Somerville Civil Service Promotional Exam in Oct. 2002 and was next on the list to be promoted to lieutenant. In Nov. 2005, a public hearing was called to discuss Curtatone’s ordinance to remove the selection process for the city’s police chief position from civil service. Under Curtatone’s plan, candidates would go through a selection committee then be appointed by the mayor. At the public hearing, McCain spoke against the ordinance and claimed his union, the Somerville Police Superior Officer’s Union, only voted to agree to Curtatone’s plan after Bradley promised 20 promotions in exchange for their support. Previously, the union had voted to keep the chief’s position in civil service but after the meeting with Bradley, the union agreed to give the mayor power to appoint the chief and reorganize the department, McCain said at the meeting.
  The allegations were later refuted by Bradley and Capt. Charles Femino, president of the union. They claimed Bradley told members of the superior officers union that after the chief’s job is removed from civil service the department would be reorganized and part of the reorganization plan was to create two new substations and 20 promotions to staff the stations.
“I think {McCain} is the only one who heard it like that,” Bradley said in a Nov. 2005 Somerville News article.
At the meeting, McCain read from a letter he sent to each alderman and state delegate. He detailed his charges of an illicit agreement between the superior officer’s union and Bradley and claimed he was warned not to speak up.
“Over the past month, many people have cautioned me against writing this letter and more recently, have cautioned me against speaking at the public hearing on November 15. They are under the belief that by doing so I will be targeted by the city’s administration and by the leadership of the Police Department for speaking out against their program. I hope that this is not the case,” he said at the meeting.
Aldermen later voted unanimously to remove the job from civil service.
McCain’s opposition to Curtatone’s administration continued when he participated in two pickets at City Hall. The pickets were organized by the patrolmen and fire unions because of stalled contract negotiations. Neither union has had a contact in almost three years. McCain does not belong to either union.
  In December 2006, Lt. Paul Timmins retired and in Feb. 2007 Lt. Frank Kelly retired, opening up two vacancies for lieutenant. During this time, McCain’s name was next on the civil service list for promotions to lieutenant. McCain’s lawyer said the positions were funded. With two lieutenants positions vacant Bradley used sergeants, including McCain, to temporarily fill the position as command staff. Despite the vacancies, McCain was never promoted. In Somerville, Curtatone is the appointing authority. McCain’s lawyer, Joe Doyle, said his client was not promoted because he exercised his First Amendment rights at the Nov. 2005 public hearing.
McCain did not take the Fall 2006 civil service exam and the list he was on expired. Doyle said Bradley and Curtatone knew McCain did not take the Fall 2006 exam and allowed the list to expire to avoid promoting him. Doyle said McCain did not take the exam because he expected to be promoted based on his performance in the earlier test.       
  In his letter opposing the chief’s removal from civil service, McCain said he decided to voice his resistance to Curtatone’s ordinance because of what he learned from his late father, who had also been a police officer.
  “My father taught me that there are times in life that one must stand up for what is right, regardless of the consequences. He also said, ‘You don’t always get a medal for doing what’s right,” he said.
  A preliminary hearing will be held May 18 at the Moakley Federal Courthouse in Boston.
 
   

Comments

[Dr. Mrs. McCarthy]

After this, the 68th lawsuit filed against the Tickets Curtatone Administration, I'm thinking we should rename our city. How about "Suemeville"?

[Un-Civil Servant]

are promotions and the filling of vancancies included in the Police contract ?? If not, nice try. The key phrase here is "appointing authority", and thats the sad part because this is without a doubt PAYBACK and an unfortunate and childish use of power.

[Truth Fan]

As I suggested last week, a 1st Amendment violation would be the only basis on which Joe McCain would have a federal cause of action. I also suggested that Joe would need some serious evidence.

This story by George Hassett has to be a summary of the complaint filed by Joe M.--no attorney would be willing to go to the press at this time or to allow his client to do so. Based on the story, I would say that the city better have a plausible explanation for why the Lieutenat's position was not filled and/or Joe was not promoted, or its in for another hefty judgment. Or more likely, another hefty settlement calculated to conceal the facts.

[ward 5]

this is so corrupt!

[Un-Civil Servant]

Truth Fan, unless the promotions are spelled out in the contract, there is no case. Its too bad, he's a good Cop that deserves to be promoted.

[Kate]

- Does JC have any verifiable qualifications for reorganizing the Police Department, in the first place?
- How or childish, IS JC, to do something so obviously vindictive?
- Why does JC want to offend Somerville's police force? Is part of it because he doesn't reside in Somerville, and, therefore, he doesn't care?
- A mayor should be happy to have a police force of women and men who think for themselves -- people who have ideas to offer.

[Un-Civil Servant]

Kate,
Power is a dangerous thing in the wrong hands....i.e. Joey Cakes

[Kate]

It certianly looks that way.

[Please Kate]

Kate - PLEASE, unlike everyone else on this blog, get your facts straight and do your research.

1) JC DID NOT put together the reorg of the police department. It started with a study done under DKG's administration. The current reorg was the result of a committee consisting of Ed Davis, current Boston Comm. & Tom Robbins, former State police Col. among others.

2) It is not vindictive. JC promoted 5 or 6 Sgt. to Lt. JMcC was on the bottom of the list. If he was so qualified as everyone says why was he on the very bottom of the list??? His supposed "performance on his test" wasn't so great was it??

3)Did JC move??? last time I checked he lives in Somerville.

4) The Somerville police ONLY think of themselves NOT for themselves

[Kate]

Please Kate:

"unlike everyone else on this blog, get your facts straight":

Taken from the original post -
Re: #1 - "Sgt. Joseph E. McCain was set to be the next sergeant promoted to lieutenant." "....... was next on the list to be promoted to lieutenant"

So you're saying that these statements ARE correct?

Re: #2 - "Mayor Joseph A. Curtatone’s ordinance removing the police chief’s position from civil service and making it a mayoral appointment."

So, THIS is also correct?

Re: #3 - I've seen this point of residency brought up, here, many times, but I haven't, personally, seen it disputed. If this is not true, then, I'm wrong.

Re: #4 - Well, the Somerville Police should think about themselves, because the Somerville powers that be, don't appear to care about them.

Maybe I've been cooking with aluminum pans too long, but, if 'everyone else on this blog' has their facts straight, how are my #1 and #2 wrong?

[C'mon]

Here we go again.
Cop doesn't get what he wants; makes allegations that Joey and crew are out to get him.
City won't comment, so all we hear is cop's side of story.
Posters rally to cop's defense, accuse Joey C. of all kinds of corruption and bad conduct.
What a sec . . . are we talking about Joe McCain or Scott Trant?
McCain better hope he's on firmer ground than Trant was.
And the rest of us better wait til there are more facts on the record before making up our minds about this.

[Mike Hunt]

Gee, during DKG Administration, who was the BOA president that help in getting what he wanted, pre-setting the tables for his tenure?

[Please Kate]

Kate - I am not saying that your #1 & #2 are wrong - however, they have nothing to do with my #1 & #2. The important fact here is that no one is entitled to a promotion. If JM deserved it so much why was he ranked what 8th on the list.. guess he got a few questions wrong. BIG question - is - Is J McC so arrogant or stupid that he didn't take the test??? I don't understand that part

[anita]

If McCain was next on the list with 2 lieutenats positions available and funded he should have been promoted. The fact that he's on the list means he passed the test.

[Un-Civil Servant]

back to my point (again). If promotions are not required to be filled in the Police contract, then the "appointing authority" (yes him) has the final say. End of story.

[kate]

anita - yeah, that's how I understood it.

Please Kate - How is no one entitled to a promotion; isn't that the reason for the CS exams?

As to why McCain didn't take the Fall, 2006 test:
"Doyle said McCain did not take the exam because he expected to be promoted based on his performance in the earlier test."

[please Kate]

...and his performance sucked... last on the list???? Give me a break. I wouldn't want a Lt. on the police force that could barely squeak by on the test!! Un Civil said it better than I did about "entitlement".. just because you take the test and pass (even barely) does not mean that you get promoted. There are several other factors.

[anita]

If he passed the test and has a good reacord on the job he should get the promotion. the mayor is not suppose to stall the list because he doesn't like McCain. maybe the mayor can put an " If you don't kiss my @$$ you wont get promoted" clause the next contract.

[Please Kate]

Anita - BINGO.... I think you hit on something... check the record...

[anita]

do you know what his record is?? and remember, you can't get on the list if you don't pass. there are police officers who took the test and did not make the list. McCain made the list.

[Hold Your Horses]

Please Kate is twisting the facts. He/She said that "1) JC DID NOT put together the reorg of the police department. It started with a study done under DKG's administration."

That's not quite true. During the race to replace Mike Capuano, Joe ran against DKG and John B. During the campaign, Joe and Best Buddy Don Caligula (then Chief of Police) teamed up and put out a news release that they faxed to people on City Letterhead anouncing a management study.

Joe wasn't in a position to make such a claim and he subsequently lost that election. When DKG became Mayor, Joe and others convinced her to move forward with the study.

If the study can be attributed to anyone, it ould have to be considered the bastard child of Joe which was then adopted by DKG.

DKG may ot have been a good mayor, but there's only so much you can blame on her. I may be old, but I still have a sharp memory.

[anita]

well are you going to answer. do you know anything about McCains record?? does anyone know what the scores were?
the money the city paid for the study or studies was nothing but a waist of tax payers money, in the end they do what ever they what. it's a joke.
elected officials are suppose the serve the people of thier city not the other way around. if i don't agree with something the mayor is doing that is my right and it is my right to say so. he can not violate someones rights, mine, yours or McCains, because you exercised your right to freedom of speech. the mayor or any other elected official should not punish anyone who exercise this right.it's sad that people will give up this right for fear of retrbution. if more people stood together they would not have such power. good luck to McCain.

[Somerspeak]

Former Police Chief Donnie Caliguri? Now there's someone the Mayor hopes never resurfaces. I wonder why. I think I'll give ol Donnie a call and see if he wants to talk about the good old days. What do you say Mayor Joe? Should we give him a call?

[Hold Your Horses]

Anita,
I'm not the same person who posted earlier so I couldn't tell you anything about McCain... I don't know him. I do know who got the Management Study started and it was Joe and Caligula.

[Fool on the Hill]

There is an enormous amount of speculation going on here, based more on whether one likes the mayor, or not. So in the interest of full disclosure: I like Joe McCain. I think he is honest, conscientious in his job, has demonstrated real courage, and hates injustice, no matter the color, creed, or national origin of its victims.

I believe that what he said and did in November '05 and aftwerwards was a break from a culture of corruption and an act of moral leadership. I believe that his filing this lawsuit is another act of moral leadership, whether or not he wins. So you can evaluate what else I have to say based on what I believe.

Uncivil Servant's point about the preexistence of certain provisions in Joe's union's contract being necessary for Joe to win would be true if this were a straight-up civil service case. As a civial rights case, I don't think that it's necessary. Joe has to prove that he was denied promotion because he spoke out. If the union contract required that the next person on the list be promoted, it would make a stronger case, but it's not necessary to make the case.

Anita's point that passing the civil service exam is a threshold requirement is accurate. The city has promoted many poeple over their peers who scored higher. Exam scores are not a good preditor of success--performance is. This is as true for civil services jobs as it is for college admissions. And as far as I can tell, none of us knows the content of Joe's performance evaluations.

Mayor Curtatone has an established history of punishing those willing to speak the truth if it threatens his own plans. He has been more selective and more astute about this that DKG, but as a result, more effective. Because of this track record, I would give the benefit of any doubt to Joe McCain, whose track record is courage and honesty.

[anita]

my message was for please kate. i never got my answer

[Kate]

Fool on the Hill - thank you for providing what you know about Officer McCain.

Please Kate - how are you related to JC - cousin, in-law?

[question]

Someone answer me this -

JM is on the front page of the News today with a sign that says "We Live Here" (a large majority of the police do not) "We work here" "We vote here" (see prev. comment) "We'll remember" My question is... What the hell is he talking about. That was a patrolman's picket. the superiors, of which he is one, had a new contract (with a large retro) at that point. He voted for the contract - I was in the room and saw him. Is he that ignorant?

[anita]

question, does that mean your a member of the superior officers union? I'm sure you can't be in the room when they vote unless you are. are you also saying that McCain should not support the patrolmen because he is a Sgt? I wonder how many cops up for promotion didn't picket and support thier union because they were up for promotion or maybe they live outside the city and fare retribution. these are the men and women that work for him, he should show his support for them.

[Kate]

Anita - Good points. McCain was correct in supporting the patrolmen. The police force should support each other, that's what I've always thought that police officers did. There is always strength in numbers.

[Kate]

I think that 'question' is the former 'Please Kate'.

[anita]

i think so too kate. whoever he is, he's a member of the police department. only a member of the departments superior officers union could have been there for the vote on thier new contract. and he said he was there.guestion, are you a police officer or a fly on the wall?

[joey]

I said it before, and I'll say it again, "Joe McCain is not his fathers son!" He can keep quoting daddy's legacy but at the end of the day, we all know the real Joey McCain.... Improper Bostonian A.K.A---cross my hands and look tough... Where did that get ya? I gotta admit, Joey is spinning this story the right way. It wont get him far in court, but its great for entertainment. Can anybody tell us what number Joey was on the LT's. promotional list? Was he #1? Why do they call him Booga McCain? Rumor has it he loves putting his boogies on the bathroom walls. Is that true? What does his sick time look like? What has he done thats worthy of a promotion? This guy's a fraud!

[The real McCain]

Joe McCain doesn't deserve to be a SGT, never mind LT. At the end of the day, how does this man look at himself in the mirror? Maybe he has to be reminded of Bike Week in Laconia! Ask the NH state police about him! Is he a bikey or a cop? I think he's confused himself, stay tuned, this is gonna get good.

[Un-Civil Servant]

.....and THAT, ladies and gentlmen, is why they call the place the "House of Hate".

[Say]

Well lets all hate Joe McCain, but wait just one minute he is a cop, he did pass the exam did he not, but on the down side he did stand up to Phony Joey Cakes and his mentor Clean Genie? who set up the first Assembly Square, thank you very much. So you know he ain't family he will get? "grab your ankles here it comes".

[Dumbo]

Poor Joe McCain, Remember the good ole days when Dot was mayor and you were her bitch. Her body guard extraordinaire. Tell the uninformed readers what perks you received for that gig. I'll get the ball rolling for ya. Free gas for your personal and recreational vehicles. Free lunches and dinners courtesy of you know who. You never had to show up for work. Yet you received 12 hours a day detail pay for guarding the Mayoral palace on the corner of Avon Street. How many laws did you break with your motorcycle gang (The Wild Pigs)? Laconia Police ring a bell? Sergeant McCain, The free ride stopped when the carnival left town and the freak show left with it. Get over it. Savor the memoirs of dot gay and the lazy days you once enjoyed. Be grateful you made it as far as you have ridding your father’s coattails. Now HE was a real Cop! You're just a sniveling little snot bag, tattoo covered freak, biker wanna be.

[Wow]

Ask the improper bostonian what happened to the officers in Laconia NH after they came to his rescue. NH State troopers and local police officers were hospitalized after McCain started a big royal rumble in NH. Ask jojo how come he doesn't go to weirs beach anymore!

[Please Kate]

Wouldn't it have been easier just to say I was right, Kate?

[Kate]

No, I don't envision that happening.