Here is the Civil Service Commission's ruling on each of the city's charges against Joseph Solomon:
Conflict of Interest — Sgt. Larry Phillips: Proved in part. "Chief Solomon likely knew all the facts that prompted his recusal and he would have been prudent to distance himself from the Sgt. Phillips investigation sooner than he did. Chief Solomon's briefly delayed recusal, however, in this one unique and isolated situation, falls far short of proving the purported level of serious ethical misconduct upon which Methuen based its decision to discharge Chief Solomon."
Solomon's personnel disclosures to private attorneys: Proved in part. "Methuen erroneously assumed that Chief Solomon included copies of MPD personnel and investigative files; the substantial evidence established that the letters, and the letters alone, were what Chief Solomon sent to his attorneys. Nevertheless, there is sufficient sensitive personnel information in the letters themselves to make these disclosures problematic. Chief Solomon credibly acknowledged his mistake and promised he would 'recalibrate' his decision and not repeat the error in the future."
Providing police surveillance for sister's home: Not proved. "As to the surveillance camera, the evidence established that the idea (which cost Methuen nothing and lasted only a month) came from others in the MPD. Chief Solomon had nothing to do with ordering it, installing it or removing it. In sum, the activity on Baremeadow Street was nothing other than routine police work. ... The Commission has been clear that it frowns on an appointing authority's deliberate attempt to justify discipline by 'piling on' marginal charges, such as this one."
Ethical and bidding law violations with Merrimac Marine: Not Proved. The commission found that Solomon disclosed to former Mayor Sharon Pollard that the business was owned by his sister and brother-in-law, Mary Ellen and Sam Kalil. The commission also found "Solomon did not personally participate" in the process of buying a second boat from Merrimac Marine. "I find no wrongdoing has been proved on the part of any of the MPD superior officers involved in the purchase, much less vicarious liability on Chief Solomon's part for any alleged procurement errors or omissions," Commissioner Paul Stein wrote.
Abusive behavior: Not proved. "The evidence suggests that what Methuen attempts to characterize as Chief Solomon's abuse and intimidation of his officers is, for the most part, their resistance to the lawful orders and recommendations of a commander made in good faith for the purpose of maintaining order and discipline among those under his command."
Flanagan investigation: Not proved. "This charge is another example of Methuen's questionably motivated 'piling on' a stale and dubious claim, this one dating back to June 2002, which pre-dates Solomon's tenure as police chief, even as acting chief, which he did not assume until October 2002. The charge — that Chief Solomon ordered (then) Det. Walter 'Gus' Flanagan to compromise a criminal investigation by turning over investigatory materials to former MPD Lt. Mike Alaimo (then a private detective working for a defense attorney) — is based primarily on the testimony of Mr. Flanagan, now retired from the MPD, and Lt. (Michael) Wnek, both of whom demonstrated clear disdain for Chief Solomon dating back quite a while. The substantial credible evidence of all other witnesses, corroborated by official court records, disproves Mr. Flanagan's version of the events."
Mismanagement of $170,000 Weed & Seed grant overtime records: Proved in part. "There is one legitimate criticism of Chief Solomon's performance with regard to the (Weed & Seed) grant. He did, appropriately and immediately, rectify the lack of documentation for superior officer overtime on a prospective basis, once it came to his attention in 2006. He was less effective, however, in marshalling the case for overturning the $170,000 demand for reimbursement and can be held accountable for taking, at times, an overly-personal, defensive approach to the on-going investigation, presumably out of concern for his own self-preservation and potential personal liability. ... This critique can only go so far, as the 'robust' political climate in Methuen was not primarily of his making, it was not conducive to fully-collaborative and trusting working relationship with other Methuen officials, some of whom were openly hostile to him, and who had marginalized him long before the details behind (Office of Justice Program)'s claim became fully known."
Loss of confidence: Not proved. "The independent evidence of the charge consisted mainly of Mayor Manzi's contention that he lost confidence in Chief Solomon through an 'evolving process ... there was testimony from three witnesses (Lt. Michael Wnek, Sgt. Larry Phillips and former Det. Walter 'Gus" Flanagan), who disparaged Chief Solomon's ability. ... Arrayed against this slim evidence is the resounding formal endorsement of the MPD superior officers' union (sergeants, lieutenants and captains), as well as testimony of numerous other current and former MPD officers, of all ranks, the gist of which was that most members just 'want to do their jobs' and it was, rather, the intrusion of politicians into the affairs of the MPD that 'split' the department. I conclude that it was not Chief Solomon's performance that led to a 'loss of confidence,'" but, rather, his failure to bend to the prevailing political winds of those who were already pre-disposed against him."
