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HomeMy WebLinkAbout1942-08-18SELECTMENtS MEETING August 18,1942 A special meeting of the Board of Selectmen was held in the Selectmen s Room at 5:45 P.M. Chairman Giroux and Messrs. Potter, Rowse, Sarano, and Locke were present. The Clerk was also present. The Chair- man called this special meeting, and the members were notified of it today by the Clerk by telephone. Sergeants John C. Russell and Frank T. Neal ap- peared before the Board. The Chairman read the following letter from Sergeant Russell, Acting Chief of the Departmentt August 18, 1942 Board of Selectmen Lexington, Mass. Gentlemen: I have just received the following communica- tion from Sergeant Frank T. Neal: August 18, 1942 "On this date, at 2tDO A.M. I observed Patrolman John MBarry, operating Prowl Car #31 entering the Police Station driveway. He struck, and ran over one of the large stones .bordering the right side of driveway, continued on in, and turned around in the yard, then ran into a car #629549 that was parked properly in the rear of the Town Office Building. He damaged the left front, fender of #31 car, no apparant damage to the other car. I ordered him out of the car; he sat in it in a dazed condition, ordered him out again; he got out, and I took 4 bottles of Dawsonts Ale from the front seat. Ordered him into the stat16 . He walked In unsteadily, and had an odor of beer or ale on his breath. In the station I asked him where he had been with the Police Car, from 12;25 A.M. to 2:00 A.M. He said he went to help out a friend of his, whose car was stuck. I,told him he had hit a rock and a car in the driveway, and yard, and that he, was drunk. He did not deny this. I then told him to go home and report to you in the morning. Charges were Intoxication, and Conduct unbecoming an Officer. • • • Chairman Giroux to Sergeant Russell: When did you return to duty? A. This morning. Mr.Rowse to Sergeant Neal: Who was on the desk that Barry would report to earlier in the evening? A. I believe he was on the desk himself. Mr. Giroux to Sergeant Neals Is it correct that Barry was on the desk last night? A. That is correct. Q. What time did Officer Lennon relieve Officer Barry? A. About 12:25. Q. Did you see him leave the station at 12225? A. Yes, Q. On whose authority did he turn over the desk to Officer Lennon? A. No special authority. I realize that this man was not on his tour of duty at this time, but he did not notify me as to where he was going when he left the station, although I was there, and was the Sergeant in charge; and furthermore, I do not know if he had any other mishaps during the time he had the Prowl Car, and as he could not give a good account of his time and travels, I feel that it is my duty to hereby formally prefer these charges to you as Acting Chief." Officer Barry has violated Rule 7, section 7A and 7G of the Police Regulations, and I hereby prefer these charges against him in accordance with Rule 8 of said Regulations. Yours very truly, John C. Russell Acting Chief of P61ice. Chairman Giroux to Sergeant Neal: Q. You went on duty what time last night? A. I was due on at 1:00 A.M., but got there at 12:20. Q. What were the hours of duty on which Officer John M. Barry was serving? A. He was on duty from 6:00 P.M. to 1:00 A.M. Q. At 12625 when you met him, was he -still on duty? A. That is right. Q. Therefore, Officer Barry was still on active duty and would be so until 1:00 P.M.? A. That is correct. Question by Mr. Potter: Who was in charge until 1:00 P.M.? Was there a Sergeant in charge? A. (By Neal) No. Chairman Giroux to Sergeant Russell: When did you return to duty? A. This morning. Mr.Rowse to Sergeant Neal: Who was on the desk that Barry would report to earlier in the evening? A. I believe he was on the desk himself. Mr. Giroux to Sergeant Neals Is it correct that Barry was on the desk last night? A. That is correct. Q. What time did Officer Lennon relieve Officer Barry? A. About 12:25. Q. Did you see him leave the station at 12225? A. Yes, Q. On whose authority did he turn over the desk to Officer Lennon? A. No special authority. Q. When you saw him leave the station at 12:25 did you have any knowledge that he was under the influence of liquor at the time? A. I saw nothing to indicate that he was, but when he went out of the station and got into the car, he stepped on the siren. This was a bit unusual. I could not say that he was under the influence of liquor. Q. You would naturally assume that he would be back at 1:00 A.M.? A. Yes. Q. That car would be used by the officers going out on duty, wouldn't it? A. No, the other car was being used. Q. There is no reason that any officer should take any of the police cars and go off with- out giving the sergeant in charge reason for it, is there? A. No. Q. When you saw Officer Barry at 2:00 A.M., was hie in full uniform? A. No. Q. What part of his uniform had he removed? A. He had removed his coat, hat, and tie. Q. Therefore, in police language, he was not in police uniform, was he? A. No. Q. From the time you came into the station at 12:25 A.M. until 2:00 P.M., did Officer Barry by telephone or otherwise contact the station? A. Not to my knowledge. Q. Was there any record in the station that he had called in? Sergeant Russell: There was no record of his having called in. Mr. Potter: Do you think that if he had got into any other trouble when he was out that you would have heard it by now? Sergeant Neal: That is a hard question to answer; I have heard nothing yet - we might not hear for a month or so. Mr. Giroux to Sergeant Russell: It is customary for us to ask the Chief for advice in matters like this. Have you any advice to give us in this matter? Sergeant Russell: No, Sergeants Neel and Russell retired at 5:09 P.M. • • • L r� After considering all the facts, the Board found that: I. Officer John M. Barry had not been drinkigg while on his tour of duty; 2. When Officer Barry drove into the yard he was not in uniform; 3. After 1:00 A.M. Officer Barry was using the Police car improperly, inasmuch as he failed to report to the station any reason he might have for using said car beyond the time of his tour of duty; 4. When Officer Barry drove into the yard there was evidence that he had been drinking. The Board therp?ore'vo�ed tV t Officer John M. Barry be required Mork ofie(hundred and twenty (120) hours as punishment duty, without pay, in accordance with rule 7G of the Rules and Regulations of the Police Department of the Town of Lexington. The Chairman read a letter from Mr. George E. Graves, Chairman of the Rationing Board stating that the Board was greatly in need of a good typewriter. The Clerk was instructed to ask Mr. Paxton if he could locate a typewriter in the offices to be used by the Ration- ing Board, and if not, to advise the Board. Letter was received from Edwin B. Worthen, Acting Chief Air Raid Warden, telling the Board that the employees in the Town Offices had cooperated excel- lently with him in the matter of giving their time and services at the Report Center. The meeting adjourned at 6:50 P.M. A true record, Attest: Clerk Typewriter for Rationing Board Letter of thanks