Local news
According to court documents, the town of Boston is fighting in court to avoid paying nearly $300,000 in legal fees for cops who were recently acquitted of time beyond regulation fraud charges.
Former Boston cops Timothy Torigian, Robert Twitchell and two others were acquitted of embezzlement charges in April last 12 months. Torigian and Twitchell, who were supervisors, were accused of submitting time beyond regulation sheets for hours they didn’t work. Their lawyers argued they followed standard practices.
Nine Boston cops pleaded guilty to time beyond regulation fraud, one was convicted, and one died before going to trial.
In June, an arbitrator ruled that the town of Boston must pay Torigian and Twitchell's legal fees under the Boston Police Superior Officers Federation's collective bargaining agreement.
If an worker accused of against the law “in the course of his or her employment” is found not guilty, the City of Boston is required under the agreement to reimburse attorneys’ fees.
That includes $115,119 for Torigian, $64,780 for Twitchell and one other $100,000 for Torigian's fee, in keeping with documents obtained through a public records request.
When the town rejected their grievance filed in June 2023, their case was heard by an arbitrator in March, in keeping with the arbitrator's decision. The arbitrator ruled in favor of the union and ordered Boston to pay the fees.
“The City's obligation to compensate them after an acquittal arises only as to whether the charges were brought in the course of their employment,” the arbitrator wrote. “By deciding not to reimburse the plaintiffs for their criminal defense, the City improperly substitutes its verdict for the jury's verdict.”
Arbitrator rules in favor of union, city goes to court
The city of Boston then sued the union in Suffolk Superior Court in July, asking the court to overturn the arbitration award. The city claims the lawsuit searching for reimbursement was filed too late, partially because Torigian and Twitchell each voluntarily left the department in 2020.
“The complainants were neither employees nor members of a bargaining unit after their voluntary termination of employment with the Authority, and the 30 calendar day period for filing complaints on their behalf expired 30 calendar days after their termination of employment with the Authority,” the town's grievance states.
The union argues the 30 days began on the day of its acquittal, in keeping with the arbitration panel's decision, which was obtained through a public records request. According to court documents, the union responded to the town's lawsuit, asking the judge to verify the $279,899 in damages.
The Boston Police Superior Officers Federation didn’t reply to a request for comment.
image credit : www.boston.com