policeThe Appeals Court in Town of Swansea v. Swansea Coalition of Police Local 220, MCOP, affirmed a Superior Court decision vacating an arbitrator’s award which had reduced a police officer’s dismissal to a 90-day suspension.  Arbitrator Arnold Marrow’s award violated public policy because the officer’s conduct as found by the arbitrator constituted a felony.

The Town of Swansea discharged the officer, Marc Soares for his involvement in two hit and run accidents which he subsequently tried to conceal.  When Soares was stopped by Rhode Island Police who observed him weaving from side to side on the highway, they determined that he was “unfit to operate a motor vehicle.” The police also found drugs in Soares’s vehicle.  Although Soares denied taking any drugs, after being arrested, he later admitted to lying about using drugs.

The arbitrator determined that Soares’ conduct that night violated the law.  Yet, he reduced the penalty and ordered the officer reinstated.

The Appeals Court determined the officer committed a felony, by obstructing justice, when he lied to the police regarding his use of drugs and concealed a motor vehicle accident.  See M.G.L. c.268 §13B.  While the officer’s conduct constituted a felony,  the court noted that the public policy exception is broader and does not “hinge exclusively on the commission of a felony.” The court held that “felonious misconduct” satisfies the standard.

Finally, the Appeals Court noted the public policy underlying the dismissal is to “safeguard the performance of law enforcement” and “preserve public confidence in the integrity of the police department.”  The holding of this case provides some hope to employers seeking to challenge bad arbitration awards after a series of appellate cases siding with arbitrators.