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Foster's Daily Democrat - Dove
11 July 2007

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Independent panel to review Po

PORTSMOUTH � Police Commission Chairman Jack Kelley on Tuesday called for an independent review of the May incident where an officer reportedly grabbed a female colleague's breast at a conference in Washington, D.C.

Also on Tuesday, Police Chief Michael Magnant defended his department's investigation into who leaked documents concerning this matter to the press � stating that female officers in the department, as well as the one involved in the Lt. Rodney McQuate matter, called for the review.

McQuate was disciplined last month for his role in the alleged incident at the National Police Week conference. Recently, some people have complained to Mayor Steve Marchand that the punishment � which police have not disclosed � was not stern enough.

Shortly after the incident became public, Detectives Kristyn Bernier, Kimberly Sirr and Rebecca Hester, as well as administrative assistant Holly Fish, wrote a letter to Magnant stating McQuate's behavior was disrespectful and asked that he have no supervisory contact with them.

"Evidently, there is an aura of question out there in the public arena regarding the punishment that was levied upon McQuate. I just want to be sure that we clear the air," Kelley said when contacted by telephone on Tuesday evening.

Kelley said the commission will appoint an independent group to review the matter consisting of three to five members � none affiliated with the Police Commission or Police Department. He wants them to complete their work in a week to 10 days and their findings will be made public.

"We'll provide them with whatever materials they need relevant to the case and we'll look to them for their decision, their judgment, their guidance and see if we can put this to bed," he said. "We want to uphold the integrity and the fine reputation that the Police Department enjoys. I think this aberration is unfortunate and I would like to have it thoroughly put under the microscope and let's get on with our lives."

Kelley said it was too early to talk about whether McQuate's punishment would change as a result of this report.

In the statement announcing this independent review, Kelley said the recent news reports of this incident "have created an element of public doubt" that the Police Department's disciplinary action in this matter was not equitable to the offense that occurred. He went on to say that no matter the outcome, the review will help restore the trust the public needs to have in its department.

"The incident that occurred in Washington, D.C., is regrettable and has given the Police Department a black eye. Having been a police commissioner for the past seven years, I am not willing to let one single incident erase all of the good work that I have seen firsthand by the men and women of this department for the citizens they serve," he said.

Magnant also released a letter to the editor stating the female officers had asked the administration to investigate the matter thoroughly "because of the embarrassment the media attention has caused."

Magnant went on to say the employees who wrote the memo had ever right to raise those concerns.

"The person that released the memorandum to you had no right to expose these women's names and opinions to publication without their consent. Not only were the initial victim's rights to a fair and confidential investigation violated, but the rights of four additional innocent female employees, both sworn and civilian, were also violated as well," he wrote. "The administration of the police department has an obligation to identify who may have violated its rules and regulations by releasing this information."

He also said that this leak serves a deterrent to employees that want to and are required to report infractions, but now may fear the risk of public scrutiny and embarrassment.

He said McQuate received a greater punishment than what was originally reported as a three-day suspension, but he is not allowed to comment on the matter because it is a personnel matter.

Magnant added that the Police Department's hands are somewhat tied in imposing discipline because employees are protected by union contracts and by professional union representatives.

Punishment can only be imposed for "just cause." Magnant said the department sought legal advice and evaluated a number of issues in this case including the concerns of the female officer, the fact that the incident occurred while the officers were off duty, and the fact that the personnel file of the person under investigation did not contain any prior discipline for misconduct of this kind.

"The matter was treated as a serious infraction, and adjudicated with sensitivity for the victim," he wrote.

Magnant concluded his comments by stressing the good the Police Department is doing, focusing on several important matters including being the lead agency on the New Hampshire Attorney General's Task Force investigating people in possession of child pornography. Also, the department recently arrested 20 people on driving while intoxicated charges.

He also said officers mentor and coach sports at the middle and high school levels. Also, Detective Kim Sirr along with other members of the department started a girls' summer basketball league with 65 participating girls. There are also a dozen officers who work with 17 youths in the Police Explorer program.

"The police department will continue to conduct business as usual, which is to provide a safe environment for all of our employees, to include ensuring that our disciplinary process is fair and follows our contractual obligations, and also to protect the people of Portsmouth and those that visit," he said.

Mayor Steve Marchand, who said he has spoken with Kelley at length on the issue during the last few days, praised the decision to appoint this group.

"This is an appropriate step in what needs to be a thorough and timely and serious response to what is a serious matter. This is an appropriate part of a thorough response to this incident," he said. "I think it's critically important that the community know that the city and its elected officials and its department heads take the subject of sexual harassment very seriously."

He said it is important the independent review panel acts swiftly and thoroughly.

Marchand said this issue has generated one of the largest amounts of response from residents since he has been on the council. He has received about 20 different pieces of communication, whether it be e-mail, phone calls or letters. He said it is only appropriate to pass along the concerns.

"Certainly, the City Council does not have the authority to unilaterally mete out punishment or penalty, but we certainly do have a responsibility to reflect the fears and hopes of our constituents," he said.

He was hesitant to offer any speculation on what a hypothetical finding of the group might mean.

"I think the wiser course of action would be to allow this independent commission to do its work in an thorough and timely way," he said.

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Foster's Daily Democrat - Dove11 July 2007

Independent panel to review Po

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Foster's Daily Democrat - Dove
11 July 2007