In 1996, the Appellant was promoted to lieutenant, and began serving as the Public Information Officer for the Department of Internal Affairs. In this role, the Appellant regularly communicated with media outlets, and supervised background investigations for applicants to the LPD. (Testimony of the Appellant; App. Ex. 1) 11.

He has considerable experience conducting internal affairs investigations. I credit Lt. Hodgdons testimony. He completed a through, objective internal affairs investigation and he did not appear to have any personal animus toward the Appellant that would influence his report. He offered candid, forthright testimony regardless of whether that testimony would be beneficial or harmful to the Appellant. (Testimony, demeanor of Hodgon) 49. During Lt.

An Internal Affairs investigation was conducted in response to these three letters. It was led by Personnel Director Curran, City Solicitor Lisa Ball, and Fire Department Deputy Chief Mark Fortin. (Testimony of Curran; Resp. Exhibit 3) 94.

On one end of the continuum is intentional, malicious, deceptive conduct that will take one of three forms: Deceptive action in a formal setting, such as testifying in court or during an internal affairs investigation Failure to bring forward information involving criminal action by other officers, also known as observing the so-called code of silence Creation of false evidence that tends to implicate another in a criminal act Naturally, any officer

Based upon a fair evaluation of the testimony and documentary evidence in this case, neither bias nor retaliation were determined to be the motives for either the investigation into Detective Gutwills conduct and statements on the telephone conversation or the discipline as a result of his testimony to the internal affairs investigator.

However, a unions freedom to regulate its internal affairs must give way to certain overriding interests implicit in the Law. Id. The CERB has found such an overriding statutory policy in: testimony on behalf of an employer at a DLR proceeding, Brockton Education Association, 12 MLC 1497 (1986): the CERBs role in determining appropriate bargaining units, Johnson and McNulty, 8 MLC 1993 (1982), aff'd sub nom.

Walsh, Mayor August 19,20 16 Edward Srednicki, Executive Secretary Commonwealth of Massachusetts Division of Labor Relations 19 Staniford Street, 1st Floor Boston, MA 02114 Re: BOSTON POLICE SUPERIOR OFFICERS FEDERATION AND THE CITY OF BOSTON, MUP-1 0-5895 Dear Mr.

Thus, a unions freedom to regulate its internal affairs must give way to certain overriding interests implicit in the Law. Id. The CERB has found overriding statutory policy in three areas: bargaining unit members testimony on behaif of employers at DLR proceedings, Brockton Educ.

Bagley, 473 U.S. 667, 105 S.Ct. 3375 (1985).6 In addition, [p]olice work frequently calls upon officers to speak the truth when doing so might put into 6 It bears notice that the jurisprudence of the Commonwealth has taken a somewhat different path in the type of exculpatory evidence that must be disclosed in a criminal prosecution and, in particular, evidence beyond information held by agents of the prosecution team, including, in particular, internal

Bagley, 473 U.S. 667, 105 S.Ct. 3375 (1985).7 In addition, any Appointing Authority is well within its rights to take disciplinary action when a police officer 7 It bears notice that the Commonwealth takes a somewhat different path in the type of exculpatory evidence that must be disclosed in a criminal prosecution and, in particular, evidence beyond information held by agents of the prosecution team, including, in particular, internal affairs investigatory