Thursday, October 15, 2020

The Mayor can't fire Paul Duncan

From the Patch:

Framingham Mayor Yvonne Spicer in an email exchange this summer told a city resident that she does not have the ability to fire the Framingham police officer who fatally shot Eurie Stamps in 2011.

The email exchange is the most explicit statement Spicer has made about Officer Paul Duncan after activists and Stamps' family renewed calls for his firing this summer. The Middlesex County District Attorney's Office is taking a fresh look at the Stamps case, but so far has not announced any new revelations.

On Aug. 15 — the day Spicer spoke at a rally organized by Stamps' family at Memorial Hall — resident Greg Soboff emailed the mayor to ask why Duncan was still working in Framingham.

"I think it is absolutely abhorrent that Paul Duncan is still on the force, and still allowed to carry a gun," Soboff wrote in an Aug. 15 email, which was obtained through a public records request. "As a resident of Framingham, I do not feel safe living in a community where a murderer is still employed by our city and carrying a gun; while the real victim will never be brought back."

Spicer replied on Aug. 21, telling Soboff acting police Chief Ron Brandolini is in charge of terminating officers. She also highlighted that former Middlesex District Attorney Gerard Leone, who left office in 2013, investigated Stamps' death and found Duncan accidentally shot Stamps. An internal Framingham police investigation reached the same conclusion.

"[T]he passage of time since the incident occurred and the legal protections afforded to Officer Duncan under employment law, civil service law, and the collective bargaining agreement between the City and his union present serious legal and procedural obstacles to the action you are proposing" Spicer replied. "Given that this request pertains to an ongoing personnel matter, I hope you understand that I am unable to comment further on this specific request."

Duncan is currently on medical leave, Framingham spokeswoman Kelly McFalls said this week. McFalls could not say if Duncan had filed for retirement recently.

At the Aug. 15 Stamps rally, activists explicitly called for Duncan to be fired. The case resurfaced after the high-profile police killings of Breonna Taylor, George Floyd and others this summer.

"[W]e seek the immediate termination/resignation of Officer Paul Duncan. His flagrant violation of FPD rules and universally accepted protocols directly leading to the shooting death of an innocent man should preclude him from serving as a police officer anywhere," a July 23 email to Spicer from members of Stamps family and activists said.

A MetroWest Daily News reporter asked Spicer about Duncan's termination during the Aug. 15 rally. "I hear the passion, but there's a whole lot to unpack," Spicer told the

16 Comments:

At October 15, 2020 at 12:25 PM , Anonymous Anonymous said...

Basically she is saying the police run the city, not her. No surprise there

 
At October 15, 2020 at 12:26 PM , Anonymous Anonymous said...

Thanks to the Patch for delving into this story. Source just prints what people send to her. Patch, where she used to work, actually seems to be doing some real journalism lately. Good for them.

 
At October 15, 2020 at 12:37 PM , Blogger jim pillsbury said...

I agree on the Patch reporting. I would have never known. Perhaps something will change if Ryan digs deeper or we wait for a new Mayor, Police Chief and even a new President.

 
At October 15, 2020 at 12:53 PM , Anonymous Anonymous said...

Is the mayor saying that in spite of a mistake by a city employee that resulted in the death of an elderly resident the city has no recourse to use as far as employment policy? If that in fact is the case, what exactly does the city of Framingham employee manual say about causes for writing someone up or for termination?

 
At October 15, 2020 at 2:00 PM , Anonymous Anonymous said...

This concerns me as it sets a precedent about not holding city employees accountable for their actions while on the clock. So when something egregious like this happens again, what is to prevent an employee from saying hey, this cop was not fired when he killed someone, so how can you fire me for doing something less egregious? We are on a slippery slope here.

 
At October 15, 2020 at 3:59 PM , Anonymous Anonymous said...

I was at the Justice for Eurie event on the steps of city hall just like you Jim, and I heard the mayor stand on those steps, in front of members of Mr. Stamps family, and say all the family wanted was a scholarship set up in Eurie Stamps name. In other words, based on what your post says, she blatantly lied as according to this story the Stamps family asked for much more including the firing of the officer responsible for the death of Mr. Stamps. Pretty ballsy to lie when you know there are people right there in front of you who know without any doubt that you are lying. How many other times has she lied to us?

 
At October 15, 2020 at 4:00 PM , Anonymous Anonymous said...

I find it hard to believe that the city has no grounds to dismiss an employee responsible of "accidentally" killing an elderly man. Is the Mayor really trying to convince us of that?

 
At October 15, 2020 at 4:06 PM , Anonymous Anonymous said...

Who says the nayor can't fire Duncan? The mayor, is someone who knows what they are talking about.

 
At October 15, 2020 at 4:07 PM , Anonymous Anonymous said...

I would like to know how long Duncan has been out on medical leave with full pay and what is the nature of his medical issue and how long is he expected to be out and is he just using medical leave until he reaches his maximum retirement package and then he will just put in for retirement. Just wondering.

 
At October 15, 2020 at 4:12 PM , Anonymous Anonymous said...

This did not happen on the Mayor’s watch so she cannot be held responsible for what happened at the time of Eurie Stamps death. She could fire him for any number of reasons and could have won herself some votes but she is too stupid to see that just like she was too stupid to see supporting Kennedy against Markey was a big mistake. Makes me question her judgement.

 
At October 15, 2020 at 4:25 PM , Blogger jim pillsbury said...

With the HEPA regs, they can refuse to say why or for what reason he is out on medical leave and for how long.
Perhaps he feels guilty now.

 
At October 15, 2020 at 5:20 PM , Anonymous Anonymous said...

I think HIPA would allow them to say how long he has been out although you are right, not why he is out. Just get him off the force and be done with it.

 
At October 15, 2020 at 5:21 PM , Anonymous Anonymous said...

Is he near retirement age does anyone know?

 
At October 16, 2020 at 10:03 AM , Anonymous Anonymous said...

This is just BS. You can fire anyone for any reason and I suspect it would be a tough fight to be reinstated after a legal battle if the reason you were fired was because you killed somoene on the job, accidentally or not

 
At October 16, 2020 at 1:03 PM , Anonymous Anonymous said...

Then maybe we should fire the mayor and vote in someone who will do what is right and hold this officer and city employee accountable for his error

 
At October 16, 2020 at 2:06 PM , Blogger jim pillsbury said...

Not sure of his age or length of service.

I'll ask Cannon if he knows what our HR policy is for killing someone on the job.

 

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