Arbitrator Richard Boulanger has issued an award ordering the reinstatement of a Boston police officer terminated for his alleged involvement as an accessory after the fact to a murder. Grievant drove his cousin away from a club where a shooting had taken place. The city claimed that Grievant was aware when he drove his cousin that his cousin had shot and killed an individual at the club On January 30, 2005. Grievant was subsequently tried, and in September of 2006 was acquitted of that offense. Following the acquittal the City conducted its own investigation of Grievant’s conduct and, on December 13, 2010, terminated his employment. Notwithstanding the acquittal, the City maintained that its own investigation established that, on a civil preponderance of the evidence standard,Grievant had violated Boston Police Department rules, and his conduct warranted his termination. Even applying a preponderance of the evidence standard, however, Arbitrator Boulanger concluded that the City failed to meet its burden. According to the Arbitrator “The evidence taken as a whole does not support a finding that it was more probable than not that the grievant was aware that Carlos was involved in Jose’s January 30, 29005 shooting at the Copa Grande prior to or during the grievant’s transportation of him to Carlos’ home early in the morning hours of January 30, 2005.” The arbitrator also rejected other, lesser, allegations against grievant and ordered him reinstated and made whole.
The Boston Police Patrolmen’s Association has made Arbitrator Boulanger’s award available here.