The Appeals Court has affirmed a decision by the Civil Service Commission (“Commission”) upholding the termination of a police officer who made untruthful statements under oath even though the Commission’s findings were not identical to the Town’s. Desmond v. Town of West Bridgewater, 94 Mass. App. Ct. 1122 (2019). The Town terminated Desmond for making false statements, conduct unbecoming, and harassment. He appealed. The Commission upheld the termination, but determined the harassment charge was not substantiated. Desmond appealed and the case was remanded to the Commission to determine if the Town “violated the principle of uniformity and equitable treatment in terminating Mr. Desmond” while retaining an officer who, several years earlier, also offered “false testimony” in a Court proceeding.
The Commission concluded that although the two officers were not treated uniformly, “there was no animus against Mr. Desmond that contributed to the decision to terminate him.” On appeal, the Appeals Court affirmed the Commission’s decision upholding Desmond’s termination. The Court rejected Desmond’s argument that the Commission was required to consider a lesser punishment given its findings were not identical to that of the Town. The Court found no error in the Commission’s decision given that Desmond had engaged in serious conduct (lying under oath), which alone warrants termination of a police officer. With respect to the disparate treatment argument, the Appeals Court emphasized that the Town’s failure to discipline one bad actor for similar misconduct does not preclude it from disciplining others absent a showing of favoritism or bias.
