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    LeBert Notice of Hearing

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    © All Rights Reserved
    Download as PDF or read online from Scribd
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    777 views7 pages

    LeBert Notice of Hearing

    Uploaded by

    alexruppenthal
    LeBert Notice of Hearing

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
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    soa MAIN STREET & tC MEDFORD, MASSACHUSETTS 02185 “MEDFORD POLICE LE A. $ACCO, J, NOTICE OF HEARING UNDER CHAPTER 31 § 41 OF THE GENERAL LAWS OF THE COMMONWEALTH OF MASSACHUSETTS: September 14, 2015 Officer Stephen LeBert 10 Skyview Road Woburn, MA 01801 Dear Officer LeBert: In accordance with the provisions of Massachusetts General Laws, Chapter 31, Sections 41 through 45, you are hereby notified that Michael J. McGlynn, Mayor of the City of Medford, through his designated hearing officer, Louise L.E. Miller, J.D.', will give you a full hearing on Thursday, October 15, 2015 at 10:00 a.m. at the Howard F. Alden ‘Memorial Auditorium, Medford City Hall, 85 George P. Hassett Drive, Medford, MA 02155 to determine if you shall be discharged, removed or suspended from your position as a police officer in the City of Medford for the specific reasons herein set forth. Please note that, in accordance with the provisions of Massachusetts General Laws, Chapter 31§ 41°, the request is hereby being made that this hearing be open to the public. SPECIFIC REASONS ‘That on the evening of July 26, 2015, while you were off duty and using your personal motor vehicle you engaged in a series of actions and behavior culminating in your stopping a moior vehicle at or near #16 High Street, Medford, MA. ‘This motor vehicle stop was in relation to a violation in which you observed the operator of a motor vehicle drive through the rotary on Winthtop Street in the wrong direction, + Attomey Millers the Cty of Medford Budget and Personnel Director. 2G.L. ¢31 § 41 states, in pertinent part: “/AJny hearing pursuant to this section shall be public if either party to the hearing files a written request that it be public...” Quality Policing Through Community Involvement September 14, 2015 Officer Stephen LeBert Notice of Hearing Page 2 After you observed the operator drive the motor vehicle through the rotary on Winthrop Street in the wrong direction, you then attempted to stop the operator by trying to pass or overtake the vehicle and also by traveling closely behind and flashing the high beam headlights of your personal vehicle. When you flashed the high beam headlights of your vehicle it caused the operator of the vehicle that you were following to have difficulty seeing and also resulted in the operator alternatively slowing down and speeding up his vehicle, It caused other vehicles to slow down as well. ‘When the motor vehicle that you were attempting to stop later did come to a stop at or near #16 High Street you made several statements in an aggressive, improper and assaultive manner toward the operator of that vehicle. These statements include but are not limited to the following: “now you're done”, “asshole”, “you're alll done”, “come on fuck head”, “come forward”, “T'll blow a hole right through your fuckin head”, “pull your car over”, “T'll put a hole right through your fuckin head”, “IE put a hole right through your fuckin head, pull aver”, “not only am Ia cop I’m a fuckin Medford Detective and you went through that fuckin rotary’, “and almost hit a car head on”, “give me your license”, “you're a fuckin asshole, never mind you're lucky I'm a cop cause I'd be beating the fuckin piss out of you right now”, “and then you're gonna be an asshole and try to back up on me take off” ‘The facts and circumstances of this incident comprise the subject matter of the Hearing being noticed herein and are more comprehensively set forth in Medford Police Department Internal Affairs Investigative Report 2015-3, the Addenda to that Report and the documentation that was received during the investigation that includes, but is not limited to, video recordings, audio recordings and transcripts of interviews.? ° ‘The operator ofthe vehicle was identified in the investigation as Michael Coates of Malden, MA. The investigation documents include a video [with audio] recorded by @ dashboard camera that was installed in the Coates vehicle. September 14, 2015 Officer Stephen LeBert Notice of Hearing Page 3 DEPARTMENTAL VIOLATIONS ‘Your actions, speech/language and behavior/demeanor on the date and times referred to in this Notice of Hearing and as determined in the Internal Affairs Investigative Report, its Addenda and documentation, constitute violations of the Rules and Regulations of the Medford Police Department" and applicable departmental policies, in the following ways: 1. Conduet Unbecoming an Officer: Chapter IIL, Section 69 and Chapter XXXII Your actions, speech/language and behavior/demeanor were aggressive, improper and assaultive. Further, they were harsh, violent, course, profane, and obscene, all in violation of the provisions of Medford Police Department Rules and Regulations Chapter III Section 69 which states: Members shall be civil, orderly, courteous and quiet in their conduct. They shall avoid answering questions in an abrupt manner and shall give the greatest attention and courtesy possible when answering questions. They shall refrain from harsh, violent, coarse, profane, or obscene language while on or off duty. Members off duty but in uniform shall conduct themselves as if they were on duty. In addition, your actions, speech/language and behavior/demeanor constitute violations of Police Department Rules and Regulations Chapter XXXIII Section 1 that states, in pertinent part: “... any member of the Police Department may be punished...by discharge, removal, suspension, layoff, transfer, reduction in rank or compensation, or reprimand upon conviction of any of the following offenses, to wit: _violation of rules... conduct unbecoming an officer. “The “Rules and Regulations For the Police Department ofthe City of Medford” were first approved on December 18, 1962. September 14, 2015 Officer Stephen LeBert Notice of Hearing Page 4 2. Conduct Injurious to the Public Peace and Welfar‘ Chapter XXXII Your actions, speech/language and behavior/demeanor conduct were injurious to the public peace and welfare as they included: a, trying to pass/overtake a motor vehicle; b. traveling closely behind a motor vehicle while flashing high beam headlights; . using harsh, violent, profane and obscene language. Accordingly your conduct, behavior and actions are in violation of Police Department Rules and Regulations Chapter XXXII Section | that states, in pertinent part “... any member of the Police Department may be punished...by discharge, removal, suspension, layoff, transfer, reduction in rank or compensation, or reprimand upon conviction of any of the following offenses, to wit: violation of rules.. ..conduct injurious to the public peace and welfare. 3. Medford Police Department Pursuit Policy 2005-2 You failed to take proper action as required of you by Medford Police Department Rules and Regulations Chapter III Sections 66 and 79 by initiating and continuing a pursuit in violation of guidelines set forth in the Medford Police Department Pursuit Policy 2005-2. Chapter III Section 66 states: “Members shall obey all Rules and Regulations both on and off duty.” Chapter III Section 79 states: “Members of the Department are held to be always on duty, although periodically relieved from routine performance of it. They are always subject to orders from their Commanding Officers and to calls. from civilians, and the fact that they may be technically “off duty” shall not be held as relieving them from the responsibility of taking proper police action in any matter coming to their attention.” September 14, 2015 Officer Stephen LeBert Notice of Hearing Page 5 The sections of Medford Police Pursuit Policy 2005-2 that you violated are: Part III Guidelines, Section A entitled “Situational Guidelines”, Subsections 1.(b), 2(g), G) and... Part III Guidelines, Section B entitled “Responsibility of the Officer”, Subsections 1,2,3, 4,5, 6, 12. (b) and (e). Part III Guidelines, Section I entitled “Operation of Police Vehicles”, Subsection 1 4, Medford Police Department Use of Force Policy 2004-5 ‘You failed to notify the on-duty Shift Commander of your having been involved in an off-

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