Today I released the following statement concerning the indictment of three high ranking Probation Department officials; former Commissioner John O'Brien, Elizabeth Tavares and William Burke III.
"The Indictments of top probation officials announced today by United States Attorney Ortiz are stinging reminders of just how bad things had become in our state’s probation department, and of the need for everything possible to be done to correct the deeply troubling issues identified in the Ware report.
The Legislature has passed important measures to reform the system, and now the criminal justice system is beginning to take actions to bring those responsible for reprehensible acts to justice. Neither of us should rest until anyone who corrupted our state government in this case is appropriately punished, and all possible reforms are enacted to ensure that this behavior never happens again.
I encourage US Attorney Ortiz to leave no stone unturned until each and everyone responsible for corrupting one of the state's most important public safety agencies are brought to justice in a timely and substantive fashion."
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Showing posts with label Probation Department. Show all posts
Showing posts with label Probation Department. Show all posts
Friday, March 23, 2012
Thursday, June 2, 2011
Fighting for Transparency in the Probation Department
Recently I have been appointed to serve on a six-member conference committee charged with drafting the final version of a comprehensive reform bill targeted at improving efficiency in the state’s trial courts and eliminating abuses and improprieties in the Probation Department.
Probation officials are critical to the public safety of our state and we need to ensure that the system in which these dedicated professionals operate is free from the taint of systemic inefficiencies and undue influences.
The Senate Republican Caucus have been working for reforms in the probation department over the past several years, and our efforts intensified following the public release on November 19, 2010 of the report of Independent Counsel Paul Ware. In his report to the Supreme Judicial Court, Ware documented extremely disturbing activities and circumstances in the Probation Department, including hiring and promotion practices unduly impacted by political influence.
The Senate’s version of the reform bill implements a transparent and accountable system for hiring and promoting probation and court personnel. I authored several provisions which were co-sponsored by my Republican Senate colleagues and approved by the full Senate for inclusion in the bill.
They include:
• Developing a plan to expand payment options of court fees to include credit cards,
• Requiring the standards used by the trial court system for hiring and promotion to be made publicly available,
• Requiring all applicants for any position within the trial court to meet the minimum merit-based standards for employment before any letter of recommendation on behalf of an applicant can be taken into consideration for employment,
• Expanding the membership of the advisory board to the commissioner of probation and the court administrator from seven to nine members with one member to have probation experience and one member with an active Massachusetts Bar membership, and
• Requiring the chief justice, court administrator and the civilian court administrator created in the bill to submit an impact report 90 days prior to any closure or relocation of a court house to both the clerk of the Senate and the House and the chairs of the Joint Committee on the Judiciary.
The conference committee is comprised of three Senators and three Representatives, and it will reconcile the two versions of reform legislation passed by the House and Senate. I am joined on the committee by Senators Cynthia Creem (D-Newton) and Brian Joyce (D-Milton), and Representatives Eugene O’Flaherty (D-Chelsea), Brian Dempsey (D-Haverhill), and Dan Winslow (R-Norfolk).
Probation officials are critical to the public safety of our state and we need to ensure that the system in which these dedicated professionals operate is free from the taint of systemic inefficiencies and undue influences.
The Senate Republican Caucus have been working for reforms in the probation department over the past several years, and our efforts intensified following the public release on November 19, 2010 of the report of Independent Counsel Paul Ware. In his report to the Supreme Judicial Court, Ware documented extremely disturbing activities and circumstances in the Probation Department, including hiring and promotion practices unduly impacted by political influence.
The Senate’s version of the reform bill implements a transparent and accountable system for hiring and promoting probation and court personnel. I authored several provisions which were co-sponsored by my Republican Senate colleagues and approved by the full Senate for inclusion in the bill.
They include:
• Developing a plan to expand payment options of court fees to include credit cards,
• Requiring the standards used by the trial court system for hiring and promotion to be made publicly available,
• Requiring all applicants for any position within the trial court to meet the minimum merit-based standards for employment before any letter of recommendation on behalf of an applicant can be taken into consideration for employment,
• Expanding the membership of the advisory board to the commissioner of probation and the court administrator from seven to nine members with one member to have probation experience and one member with an active Massachusetts Bar membership, and
• Requiring the chief justice, court administrator and the civilian court administrator created in the bill to submit an impact report 90 days prior to any closure or relocation of a court house to both the clerk of the Senate and the House and the chairs of the Joint Committee on the Judiciary.
The conference committee is comprised of three Senators and three Representatives, and it will reconcile the two versions of reform legislation passed by the House and Senate. I am joined on the committee by Senators Cynthia Creem (D-Newton) and Brian Joyce (D-Milton), and Representatives Eugene O’Flaherty (D-Chelsea), Brian Dempsey (D-Haverhill), and Dan Winslow (R-Norfolk).
Read more...
Monday, January 31, 2011
Fox 25’s “Monday Morning Quarterbacks” Segment
Today I made a guest appearance on Fox 25’s “Monday Morning Quarterbacks” segment with former Attorney General Scott Harshbarger. Scott and I discussed a wide range of topics with host Gene Lavanchy, including the turmoil in Egypt, the Governor’s budget proposal, reforming the parole and probation departments, and the recent forecast of snow for later this week. To see the segment please play the video below.
Monday Morning Quarterbacks: MyFoxBOSTON.com
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Thursday, December 2, 2010
A Swift Response
Attorney General Martha Coakley responded swiftly and effectively to our letter requesting an investigation of the issues regarding the Massachusetts Probation Department raised by the report of Independent Counsel Paul Ware (see post “Seeking Justice”, November 27th by clicking here). Her response, posted below, indicates that she has begun an investigation and is collaborating with United States Attorney Carmen Ortiz in the matter. Her swift and responsive action is sincerely appreciated.
Ware Report Response Ltr to Senate Republicans From AG 11 26 10
Ware Report Response Ltr to Senate Republicans From AG 11 26 10
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Saturday, November 27, 2010
Seeking Justice
I am taking action, along with my Senate Republican colleagues, to bring justice to the Probation Department issue. A press release can be read below and a bill and a letter to the Attorney General can be viewed by clicking "Read more".
Commonwealth of Massachusetts
Massachusetts General Court
State House, Boston Massachusetts 02133-1053
PRESS RELEASE
FOR IMMEDIATE RELEASE: CONTACT: Bruce Tarr
DATE: November 24, 2010 PHONE: 617-722-1600
Senate Republicans Act on Probation Report
Taking action in the wake of a devastating report on the Massachusetts Probation Department, State Senate Republicans are filing legislation to remove the hiring autonomy of the department and calling for a sweeping investigation of the issues contained in the report issued by Independent Counsel Paul Ware.
Today Senators Bruce Tarr (R- Gloucester), Richard Tisei (R- Wakefield), Michael Knapik (R- Westfield), Robert Hedlund (R-Weymouth), and Richard Ross (R- Wrentham) filed reform legislation that contains two parts, and are calling for its swift consideration.
The first part of the bill reflects language offered during budget debate earlier this year. That language would essentially reverse the action taken in 2001 to provide the Probation Department with autonomy over its employment practices, and to return control to the trial court.
A second section of the bill requires the Chief Justice for Administration and Management of the Trial Court to develop a plan to restore integrity to the department’s hiring practices and to ensure that only qualified applicants are hired according to a merit based system.
In a second action, the Senators are sending a letter to the United Sates Attorney for the District of Massachusetts, the Attorney General and the state’s Inspector General requesting them to undertake a swift and comprehensive investigation of the contents of Ware’s report. In the letter they point to the need for collaboration between these agencies to produce a thorough effort.
-30-
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Bruce E. Tarr
_______________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act reforming the probation department.
_______________
PETITION OF:
NAME:
DISTRICT/ADDRESS:
Bruce E. Tarr
First Essex and Middlesex
Richard R. Tisei
Middlesex and Essex
Michael R. Knapik
Second Hampden and Hampshire
Robert L. Hedlund
Plymouth and Norfolk
Richard J. Ross
Norfolk, Bristol and Middlesex
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Ten
_______________
An Act reforming the probation department.
Whereas, The deferred operation for this act would tend to defeat its purpose, which is forthwith to reform the probation department, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The fifth paragraph of section 6 of said chapter 218, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 54-57, the following words:- ; and provided, further, that the commissioner of probation shall have the authority to appoint, dismiss, assign and discipline probation officers and associate probation officers within the several sessions of the trial court
SECTION 2. Chapter 276 of the General Laws is hereby amended by striking out section 83, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-
Section 83. Subject to appropriation, the chief justice for administration and management may appoint, dismiss and assign such probation officers to the several sessions of the trial court as he deems necessary. In any court having 2 or more probation officers, the first justice, subject to the approval of the chief justice for administration and management, may designate 1 probation officer to serve as chief probation officer and may designate other probation officers to serve as assistant chief probation officers, as he deems necessary for the effective administration of justice; provided, however, that a first justice may suspend or discipline any such probation officer who may appeal such suspension or discipline to the chief justice for administration and management; or said first justice may recommend the discharge of any said probation officer to the chief justice for administration and management who may discharge said probation officer after a hearing. The compensation of probation officers in the trial court shall be paid by the commonwealth according to schedules established in section 99B or in a provision of an applicable collective bargaining agreement.
SECTION 3. Section 98 of chapter 276, as appearing in the 2008 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentences:- There shall be a commissioner of probation, who shall have executive control and supervision of the probation service. He shall be appointed by the chief justice for administration and management for a term of five years and shall devote his full-time during business hours to the duties of his office.
SECTION 4. The chief justice for administration and management of the trial court shall develop and implement a plan to ensure the integrity of the hiring and employment practices of the probation department, and to ensure that the most qualified individuals are appointed to positions based on their qualifications. Said plan shall be submitted to the Supreme Judicial Court for its review and approval not later than thirty days prior to its implementation and shall be filed with the clerks of the House and Senate not later than one hundred and twenty days following the passage of this act.
SECTION 5. This act shall take effect upon its passage.
Attorney General Martha Coakley
Office of the Attorney General
One Ashburton Place Boston, MA 02108 -1518
Dear Attorney General Coakley,
We understand that you are in receipt of the report of Independent Counsel Paul Ware, released by the Supreme Judicial Court on November 18, regarding abuses in the hiring practices at the Massachusetts Probation Department. This report details widespread fraudulent hiring practices in the department, possible violations of state and federal laws, and possible incidents of bribery and perjury. The report details serious and flagrant violations of department policy, violations of the public trust, and fraudulent waste of public resources.
Much of the report details the fraudulent, improperly motivated hiring practices at the department over the last nine years. The report finds that qualified candidates were routinely denied positions within the department in favor of less qualified candidates with politically favorable connections. According to the report, those in positions of power within the department, most notably the Commissioner, pre-selected candidates to fill positions before the hiring process had even begun. In many cases, the “objective” test scores of the applicants were artificially and fraudulently increased to ensure their advancement through the interview process and their eventual hiring. The report also outlines potential violations of state and federal laws by various state officials and employees.
If proven, the findings of the report show not only a grave violation of the public trust, but also illegal and fraudulent acts by several high ranking members of the department and state officials.
Given the wide ranging and serious ramifications of this report, we respectfully request that your office make a complete and thorough investigation into the findings made in the report, and to ensure that justice is brought to bear on individuals who have violated the laws of Commonwealth or the United States. When public servants abuse their positions for their own personal or political gain, or that of their acquaintances or political allies, trust in our entire system of state government is assaulted.
Restoring the faith of the citizens of the Commonwealth and the integrity of our state government demands that these widespread and flagrant abuses be investigated and any responsible parties be held accountable. We are writing to each of you to make this request, while recognizing that a joint effort by your offices may be necessary to bring justice to bear on this situation. We, therefore, defer to your judgment as to jurisdictional issues and respectfully request that your office take the first necessary steps to ensure that the potentially illegal acts disclosed in the Ware Report are properly investigated and prosecuted.
Thank you for your attention to this matter, and please do not hesitate to contact us if we may be of further assistance.
Sincerely,
Bruce Tarr
State Senator
Richard Tisei
State Senator
Michael Knapik
State Senator
Robert Hedlund
State Senator
Richard Ross
State Senator
Commonwealth of Massachusetts
Massachusetts General Court
State House, Boston Massachusetts 02133-1053
PRESS RELEASE
FOR IMMEDIATE RELEASE: CONTACT: Bruce Tarr
DATE: November 24, 2010 PHONE: 617-722-1600
Senate Republicans Act on Probation Report
Taking action in the wake of a devastating report on the Massachusetts Probation Department, State Senate Republicans are filing legislation to remove the hiring autonomy of the department and calling for a sweeping investigation of the issues contained in the report issued by Independent Counsel Paul Ware.
Today Senators Bruce Tarr (R- Gloucester), Richard Tisei (R- Wakefield), Michael Knapik (R- Westfield), Robert Hedlund (R-Weymouth), and Richard Ross (R- Wrentham) filed reform legislation that contains two parts, and are calling for its swift consideration.
The first part of the bill reflects language offered during budget debate earlier this year. That language would essentially reverse the action taken in 2001 to provide the Probation Department with autonomy over its employment practices, and to return control to the trial court.
A second section of the bill requires the Chief Justice for Administration and Management of the Trial Court to develop a plan to restore integrity to the department’s hiring practices and to ensure that only qualified applicants are hired according to a merit based system.
In a second action, the Senators are sending a letter to the United Sates Attorney for the District of Massachusetts, the Attorney General and the state’s Inspector General requesting them to undertake a swift and comprehensive investigation of the contents of Ware’s report. In the letter they point to the need for collaboration between these agencies to produce a thorough effort.
-30-
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Bruce E. Tarr
_______________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act reforming the probation department.
_______________
PETITION OF:
NAME:
DISTRICT/ADDRESS:
Bruce E. Tarr
First Essex and Middlesex
Richard R. Tisei
Middlesex and Essex
Michael R. Knapik
Second Hampden and Hampshire
Robert L. Hedlund
Plymouth and Norfolk
Richard J. Ross
Norfolk, Bristol and Middlesex
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Ten
_______________
An Act reforming the probation department.
Whereas, The deferred operation for this act would tend to defeat its purpose, which is forthwith to reform the probation department, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The fifth paragraph of section 6 of said chapter 218, as appearing in the 2008 Official Edition, is hereby amended by striking out, in lines 54-57, the following words:- ; and provided, further, that the commissioner of probation shall have the authority to appoint, dismiss, assign and discipline probation officers and associate probation officers within the several sessions of the trial court
SECTION 2. Chapter 276 of the General Laws is hereby amended by striking out section 83, as appearing in the 2008 Official Edition, and inserting in place thereof the following section:-
Section 83. Subject to appropriation, the chief justice for administration and management may appoint, dismiss and assign such probation officers to the several sessions of the trial court as he deems necessary. In any court having 2 or more probation officers, the first justice, subject to the approval of the chief justice for administration and management, may designate 1 probation officer to serve as chief probation officer and may designate other probation officers to serve as assistant chief probation officers, as he deems necessary for the effective administration of justice; provided, however, that a first justice may suspend or discipline any such probation officer who may appeal such suspension or discipline to the chief justice for administration and management; or said first justice may recommend the discharge of any said probation officer to the chief justice for administration and management who may discharge said probation officer after a hearing. The compensation of probation officers in the trial court shall be paid by the commonwealth according to schedules established in section 99B or in a provision of an applicable collective bargaining agreement.
SECTION 3. Section 98 of chapter 276, as appearing in the 2008 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentences:- There shall be a commissioner of probation, who shall have executive control and supervision of the probation service. He shall be appointed by the chief justice for administration and management for a term of five years and shall devote his full-time during business hours to the duties of his office.
SECTION 4. The chief justice for administration and management of the trial court shall develop and implement a plan to ensure the integrity of the hiring and employment practices of the probation department, and to ensure that the most qualified individuals are appointed to positions based on their qualifications. Said plan shall be submitted to the Supreme Judicial Court for its review and approval not later than thirty days prior to its implementation and shall be filed with the clerks of the House and Senate not later than one hundred and twenty days following the passage of this act.
SECTION 5. This act shall take effect upon its passage.
Attorney General Martha Coakley
Office of the Attorney General
One Ashburton Place Boston, MA 02108 -1518
Dear Attorney General Coakley,
We understand that you are in receipt of the report of Independent Counsel Paul Ware, released by the Supreme Judicial Court on November 18, regarding abuses in the hiring practices at the Massachusetts Probation Department. This report details widespread fraudulent hiring practices in the department, possible violations of state and federal laws, and possible incidents of bribery and perjury. The report details serious and flagrant violations of department policy, violations of the public trust, and fraudulent waste of public resources.
Much of the report details the fraudulent, improperly motivated hiring practices at the department over the last nine years. The report finds that qualified candidates were routinely denied positions within the department in favor of less qualified candidates with politically favorable connections. According to the report, those in positions of power within the department, most notably the Commissioner, pre-selected candidates to fill positions before the hiring process had even begun. In many cases, the “objective” test scores of the applicants were artificially and fraudulently increased to ensure their advancement through the interview process and their eventual hiring. The report also outlines potential violations of state and federal laws by various state officials and employees.
If proven, the findings of the report show not only a grave violation of the public trust, but also illegal and fraudulent acts by several high ranking members of the department and state officials.
Given the wide ranging and serious ramifications of this report, we respectfully request that your office make a complete and thorough investigation into the findings made in the report, and to ensure that justice is brought to bear on individuals who have violated the laws of Commonwealth or the United States. When public servants abuse their positions for their own personal or political gain, or that of their acquaintances or political allies, trust in our entire system of state government is assaulted.
Restoring the faith of the citizens of the Commonwealth and the integrity of our state government demands that these widespread and flagrant abuses be investigated and any responsible parties be held accountable. We are writing to each of you to make this request, while recognizing that a joint effort by your offices may be necessary to bring justice to bear on this situation. We, therefore, defer to your judgment as to jurisdictional issues and respectfully request that your office take the first necessary steps to ensure that the potentially illegal acts disclosed in the Ware Report are properly investigated and prosecuted.
Thank you for your attention to this matter, and please do not hesitate to contact us if we may be of further assistance.
Sincerely,
Bruce Tarr
State Senator
Richard Tisei
State Senator
Michael Knapik
State Senator
Robert Hedlund
State Senator
Richard Ross
State Senator
Read more...
Monday, November 22, 2010
Problems in the Probation Department
A report recently released by the Supreme Judicial Court regarding our state's Probation Department reveals some extremely disturbing issues in that agency. The report was conducted by Attorney Paul F. Ware pursuant to an order the court had issued on May 24, 2010. You can read the report in its entirety here.
You can view my preliminary comments on the report by clicking here for an interview with New England Cable News and here for an interview with WBZ-TV 4.
You can view my preliminary comments on the report by clicking here for an interview with New England Cable News and here for an interview with WBZ-TV 4.
Read more...
Tuesday, May 25, 2010
Media Alert: "Broadside" With Jim Braude
Please tune in to “Broadside” tonight at 6:00pm on New England Cable News (NECN). I’ll be discussing the impact of the Boston Globe’s Spotlight series regarding patronage jobs within the Probation Department with host Jim Braude and political consultant Michael Goldman.
Read more...
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