An investigation, released Tuesday, into the Haverhill Police Department’s former chief and deputy found no significant policy violations, but appeared to back union member allegations of false comments and offensive conduct.
Attorney Regina M. Ryan of Discrimination and Harassment Solutions was retained last October to study four allegations against now-retired former Police Chief Robert P. Pistone Jr. and Deputy Haverhill Police Chief Stephen J. Doherty Jr. The investigation was limited to “operations, policies and practices” of the two leaders, but not the separately investigated death of a civilian a little more than a year ago and sudden death of Patrolman Katelyn M. Tully last September.
In its own statement Tuesday, the Haverhill Police Patrolmen’s Association said the report “…reinforces our belief and knowledge. That these individuals, Pistone and Doherty, were not fit to serve in leadership roles or represent our community. We will not recognize their former ranks.”
Ryan said in a heavily redacted report that Pistone chose not to participate in her investigation, but Doherty cooperated and defended his conduct. Attempts by WHAV to reach Pistone and Doherty have so far been unsuccessful.
One allegations is the former leadership “lacked support/empathy” for seven suspended officers involved in taking into custody Francis P. Gigliotti II, who later died. Ryan reported there were “false claims” the mayor and/or Essex County District Attorney Paul F. Tucker prevented them from supporting the officers.
“To shield himself from negative blowback, Pistone falsely reported that important decisions regarding the Gigliotti incident were made by Mayor Barrett (and thus beyond his control)” on three occasions, Ryan concluded.
She explained, with backup from Doherty, “the captains” asked Pistone and Doherty to issue a statement about the Gigliotti incident, but Pistone blamed the mayor, city solicitor and Essex County district attorney for being unable to do so. Barrett told Ryan she never issued an order and, instead, accepted Pistone’s recommendation not to comment on a matter under investigation.
Pistone allegedly reduced overtime pay for the seven officers on administrative leave from eight hours a week to four. Doherty quoted Pistone as saying he was punished (in crude terms) by Barrett for granting overtime and thus “scaled it back.” Barrett said she did not give such an order and was unaware of it. Ryan said Doherty characterized Pistone’s claim as “a betrayal.”
Asked why suspended officers would be eligible for overtime, current Police Chief Wayne J. Tracy told WHAV the officers, who were since cleared of any wrongdoing by Tucker, were not being punished. Rather, the purpose of the leave was to monitor officers’ mental wellbeing with the expectation they also remain up to date on their training. As such, there was an expectation they should not lose any of their potential benefits. Tracy added it is his belief the officers remained on administrative leave longer than warranted.
Ryan said there were allegations Doherty “often used derogatory language when speaking about the patrol officers.” She said Doherty disputes some of the conduct, but admitted he became “elevated” and could have use “expletives” but denies insensitive words and the f-word. In the end, Ryan concluded Doherty’s conduct and language did not rise to illegal “harassment” under such protected categories as race, age, religion, disability or gender identification” but conduct “unreasonably” interfered with employee work performance by “creating an intimidating, hostile, humiliating or offensive work environment.”
Acting Deputy Chief Meaghan Paré told WHAV, she, Tracy and Barrett “thank our dedicated employees, professional staff. They remain committed to their duties, serving with professionalism, integrity and resilience.”