Bickford v. Colonel, Department of State Police
Bickford v. Colonel, Department of State Police
Opinion of the Court
David Bickford, a police officer employed by the
Background. Substantial evidence in the record, see G. L. c. 30A, §§ 1(6), 14(7)(e), supports the hearing officer’s findings that Bickford was the MCCPD’s armorer and, as such, was responsible for identifying, retrieving, inspecting, and storing all weapons assigned to MCCPD officers and for maintaining an accurate log of the weapons’ location.
Events leading to Bickford’s suspension began in 2006 when he returned to work from a three-month disability leave to discover that an MCCPD pistol and three to five magazine clips were missing from his locker. Bickford’s report of the disappearance to the MCCPD chief triggered a State police investigation.
Although the investigation did not uncover the missing firearm, it did reveal a host of other problems with Bickford’s performance as armorer. Specifically, the investigation showed that in the year 2000, he participated in taking a personal firearm from MCCPD Sergeant Ann Holland’s desk drawer to “secure it” without telling her he had done so. In violation of protocol, he did not report the incident to the MCCPD chief and instead kept the weapon for an extended period because, according to his testimony at the administrative hearing, he “forgot about it.” The investigation further revealed that due to Bickford’s substandard record-keeping, at least one additional MCCPD firearm was missing. In fact, at one point, Bickford lost his firearms log
On July 19, 2006, the commander of the State police certification unit sent the MCCPD chief a letter suspending Bickford’s SSPO warrant pending the outcome of certain criminal complaints and completion of the ongoing investigation into Bickford’s suitability to serve as an SSPO. The letter said that Bickford had “not been cooperative in the investigation,” noted the missing weapons, and also noted the incident with Sergeant Holland’s firearm. In August, 2006, Bickford appealed the suspension and sought a hearing pursuant to G. L. c. 22C, § 43.
Discussion. On this appeal, Bickford claims that the Superior Court judge erred in failing to remand the matter for a new hearing after determining that the State police hearing officer committed an error of law by listing his failure to cooperate as one of the grounds for his suspension. Second, Bickford claims the judge erred in concluding that he received sufficient notice of the nature of the charges to be addressed at the hearing.
Dealing first with claimed error of law, we begin by observing that “[t]he scope of review of [an agency] decision, both in the Superior Court and in [an appellate] court, is defined by G. L. c. 30A, § 14.” Burlington v. Labor Relations Commn., 390 Mass. 157, 161 (1983). Section 14(7) authorizes a reviewing court to “affirm the decision of the agency, or remand the matter for further proceedings before the agency; or . . . set aside or modify the decision ... if it determines that the substantial rights of any party may have been prejudiced because the agency
Bickford claims that the error of law vitiates the administrative proceeding and requires a remand for a new, error-free administrative proceeding. We do not agree. As “[t]he appealing party [, Bickford] has the burden of showing that his ‘substantial rights . . . may have been prejudiced’ by the agency’s error.” Catlin v. Board of Registration of Architects, 414 Mass. 1, 6 (1992). The administrative findings regarding Bickford’s role in the disappearance of Sergeant Holland’s weapon and his grossly deficient approach to record-keeping, an approach that led to the disappearance of two police firearms, have substantial evidentiary support in the record and, by themselves, provide compelling reasons for suspension of his warrant. We have no doubt that his warrant would have been suspended even if he had cooperated in the investigation or if his lack of cooperation had not been counted against him.
That being the case, the impermissible ground did not invali
Bickford’s claim that he was given insufficient notice that his record-keeping practices would be at issue in the hearing fares no better. It is certainly true that “[d]ue process requires that, in any proceeding to be accorded finality, notice must be given [in a manner] that is reasonably calculated to apprise an interested party of the proceeding and to afford him an opportunity to present his case.” LaPointe v. License Bd. of Worcester, 389 Mass. 454, 458 (1983). Here, as the Superior Court judge pointed out, the September 26, 2006, letter notifying Bickford of the hearing he had requested stated that “an Administrative Hearing will be conducted on the matter of the suspension of the [SSPO] warrant of Mr. David Bickford,” and enclosed “documents deemed relevant to the matter of the warrant of Mr. David Bickford being suspended.” One of those documents was an investigative report dated May 25, 2006, that discussed Bickford’s record-keeping practices in extensive detail. We agree with the judge that the
Judgment affirmed.
In material part, G. L. c. 22C, § 63, inserted by St. 1991, c. 412, § 22, provides that the colonel [of the State police], “at the request of an officer of a college, . . . [may] appoint employees of such college ... as special state police officers. Such special state police officers shall serve for three years, subject to removal by the colonel, and they shall have the same power to make arrests as regular police officers for any criminal offense committed in or upon lands or structures owned, used or occupied by such college . . . .”
The MCCPD policy and procedure manual states, “The officer in charge of firearms shall inspect each departmental firearm on a yearly basis. An inspection log shall be kept by the officer in charge of firearms, and shall indicate whether the officer’s firearm passed or failed the inspection. In the instance where a firearm is deemed to be in unsatisfactory condition, both the problem and action taken to rectify it shall be noted in the logbook.”
Under G. L. c. 22C, § 43, inserted by St. 1991, c. 412, § 22, “[a]ny person affected by an order of the [State police] department . . . may . . . appeal to the colonel who shall thereupon grant a hearing, and after such hearing the colonel may amend, suspend or revoke such order.”
General Laws c. 22C, § 43, also states, in relevant part: “Any person aggrieved by an order approved by the colonel may appeal to the superior court .... The superior court shall have jurisdiction in equity upon such appeal to annul such order if found to exceed the authority of the [State Police] department .... Nothing herein contained shall be construed to deprive any person of the right to pursue any other lawful remedy.”
General Laws 30A, § 14, as amended by St. 1973, c. 1114, § 3, allows a party “aggrieved by a final decision of any agency in an adjudicatory proceeding” to seek judicial review. Section 14(7) authorizes a reviewing court to affirm the decision, remand for further proceedings, or modify the decision.
The hearing officer’s report actually described Bickford’s lack of cooperation with two investigations. One was the investigation into the disappearance of the two weapons for which he had some responsibility, and the other was the investigation into taking Sergeant Holland’s weapon. The colonel maintains that Bickford’s failure to cooperate in the investigation regarding Sergeant Holland’s weapon is a proper basis for suspension of his warrant, particularly because Bickford himself had that weapon. To be sure, Bickford’s activities in connection with the Holland investigation were a proper basis for action and were specifically noted in the hearing officer’s report. But those activities were not the focus of the officer’s ultimate conclusion regarding Bickford’s “refus[al] to cooperate with a criminal investigation.” The record is clear that the refusal occurred in the context of Bickford’s own conduct and the circumstances surrounding the disappearance of weapons for which he was responsible.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.