Commissioner White appeals ruling that would let Mayor Janey fire him
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Updated: 3:38 PM EDT May 26, 2021
Commissioner White appeals ruling that would let Mayor Janey fire him
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Updated: 3:38 PM EDT May 26, 2021
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Updated: 3:38 PM EDT May 26, 2021
Another legal maneuver is blocking Boston Mayor Kim Janey from moving forward with the process required to fire the city's embattled police commissioner.The same Superior Court Judge who ruled against Commissioner Dennis White on Tuesday granted him a stay on Wednesday while White pursues an appeal. Judge Heidi Brieger denied White's request for an injunction and in her order agreed that Janey has the statutory and constitutional authority to remove White from his job for cause, "so long as she gives him an opportunity to be heard, that is, an opportunity to refute her stated reasons for removing him."White's legal team said it is petitioning for a justice of the Appeal's Court to review that decision. "Without a stay, Commissioner White will suffer irreparable harm as Defendants have made it clear they intend to terminate him," the commissioner's legal team wrote. "I respect Judge Brieger's decision to review her ruling, and as such, I have postponed the hearing for Dennis White," Janey said in a statement. "I stand ready to move forward on behalf of the residents of Boston and the Boston Police Department, as soon as the court allows. I am grateful for the continued professionalism and service of our BPD officers during this time."White was promoted to the job in February by outgoing Mayor Marty Walsh after the resignation of the previous commissioner, William Gross. Two days later, after allegations of domestic abuse in the 1990s surfaced, Walsh put White on administrative leave. He's been on leave since.Earlier this month, Janey released the results of an investigation into the allegations against White."It is clear from the report that we have to move in a different direction," she said at the time.However, the city is required to give White a hearing before making an official decision.The commissioner's legal team is trying to block the city from moving forward. They argued that the city had not followed the appropriate process and that then-Mayor Walsh knew about the allegations prior to White's promotion. According to court documents, Gross claimed that Walsh was briefed about those allegations in 2014 when White was being considered for a promotion.Walsh, now U.S. secretary of labor, has denied that claim."I applaud Judge Brieger’s ruling to deny this motion and will inform Dennis White of his rescheduled Zoom hearing. It is time to move our City and the Boston Police Department forward," Janey said in a statement Tuesday. While White has been on leave, Superintendent-in-Chief Gregory Long has served as acting BPD commissioner.While waiting for the court's decision, Janey said she would assemble a committee to develop a definition of qualifications for future leaders of the department. She also announced a new requirement for leadership candidates to undergo background checks and promised to strengthen the department's 15-year-old domestic violence policy.What the investigation found:According to a redacted copy of the report about White, the city's outside investigator was only able to speak with 7 of the 21 witnesses from whom he sought information."One retired BPD officer told me that they had received at least five phone calls directing them not to talk with me," the report states.White's court filings state that the investigation was canceled on Feb. 24, but resumed on March 1, without an explanation. The report confirms the investigation was stopped and restarted at the city's request.According to the report, investigators gathered information about a 1993 physical altercation with a younger family member in which both White and the family member filed complaints. Both complaints were dismissed by the court a few weeks later but White was subject to an abuse prevention order for one year.At the time, an internal affairs investigation into the incident returned a finding of "not sustained."The report went on to say that an allegation made during the course of the investigation suggested White had made a sexual advance toward the family member and that the conflict occurred because his wife was told about it. White denied that allegation, the report states.Additionally, the investigation reviewed allegations of a series of domestic abuse incidents in 1998 and 1999. In one of those, the allegation indicated that White had threatened violence with a firearm.The report indicates that a 1999 internal affairs investigation sustained a violation of neglect of duty and unreasonable judgment against White, but that was changed to the neutral status of "filed" in 2001."This investigation of Dennis White reveals a flawed process and a misguided department culture," Janey said when the report was issued. "Dennis White’s admitted behavior does not reflect our values. It is clear from the report that we have to move in a different direction."