Tue, Nov 10 2009

Published: July 02, 2009 12:57 am    PrintThis  

Editorial: Flahertys' pensions should be revoked

If laws and regulations are to be taken seriously, there must be consequences for violating them.

That is at the heart of the debate now under way over whether James and Kevin Flaherty, the father and son who ran the Haverhill Highway Department for years, received an appropriate sentence for their felony convictions for stealing from the city.

James Flaherty, 67, the retired longtime highway superintendent, was sentenced to two years in prison, but will spend no time in jail other than for processing and a medical screening. Salem Superior Court Judge David Lowy ordered that he serve six months under house arrest and the remainder on probation.

Kevin Flaherty, 37, the former department supervisor who was fired by Mayor James Fiorentini, was ordered to serve four months of a two-year sentence at the Middleton jail and the rest on probation.

In the view of the Flahertys' supporters, this is more than enough punishment. They argue that both men have been financially ruined and their reputations tarnished for, in the words of one supporter, "one bad act."

It is not enough in the view of others, some of whom worked under them at the Highway Department, who argue that the theft from the city "by continuous scheme" was far from a single bad act, but a pattern that went on for years.

Indeed, James Flaherty also pleaded guilty before his trial began to three tax charges — failing to report $89,000 in earnings in 2003, 2004 and 2005 from 35 jobs done by his private company. And Kevin Flaherty was sentenced to three years of probation and ordered to pay $856 in restitution for his conviction for presentation of false claims, when he bought parts for his personal vehicles and charged them to the city.

What should not be up for debate, however, is that James Flaherty has forfeited his retirement pension, worth $65,494 a year.

There is no ambiguity in the law — it says that those convicted of felonies related to their public office or position are not eligible for a public pension. It doesn't say they might not be eligible. It says they are not.

Judge Lowy even took this into account in imposing the sentence. Prosecutors had recommended a $25,000 fine for James Flaherty and $17,000 in fines for Kevin. Lowy imposed no fines at all, based on the likelihood that they would lose their pensions.

Yet, the Flahertys' attorney, Scott Gleason, said that if James Flaherty's pension is revoked, he will likely appeal through the courts.

That is his choice. But those hearing his appeal should follow the law.

The violation of the public trust, through theft from the public treasury, is a very serious crime.

It deserves a serious consequence, lest others be tempted to do the same thing.

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