Seven years, four months, and six days. That is the length of time the Boston Police Department allowed an internal affairs (IA) case to linger before finally disciplining an officer accused of lying on the job and numerous other infractions.
The wait time is part of a larger, systemic problem uncovered by a 25 Investigates review: While police departments are mandated to complete internal investigations within 90 days, there is no deadline on discipline. This gap has created a backlog, with the Boston Police Department (BPD) leading the state in the number of officers currently awaiting punishment.
Officer Brian Augustine
The issue came to light during 25 Investigates reporting on BPD Officer Brian Augustine, who was suspended for 15 days without pay in September. The suspension closed out seven different internal affairs cases on his disciplinary record. All but two of those cases were opened more than five years ago.
The first complaint against Officer Augustine was filed in May 2018. Internal Affairs investigators later determined that Augustine lied about a confrontation he had with another motorist while off-duty. The Lowell man involved in the incident, who asked not to be identified, told 25 Investigates he was never notified that BPD had finally acted, expressing shock about why it took more than seven years.
POST: 51 BPD officers pending discipline
The POST Commission’s data shows that BPD has 51 officers pending discipline, far more than any other law enforcement agency in the state. This number is calculated on the officer level, meaning one officer may account for multiple pending instances, according to the agency. The average number of days that discipline is pending for these BPD cases is 119 days.
Enrique Zuniga, Executive Director of the POST Commission told investigative reporter Ted Daniel, “Boston is at the top consistently.”
By comparison, the Cambridge Police Department currently has 5 instances where discipline is pending, with the average delay sitting at approximately 123 days (though, one significantly longer case skews the average, which drops to 59 days without it). The Massachusetts State Police currently have 2 instances pending, with an average delay of just 37 days. Pittsfield also has two instances pending.
Zuniga, whose commission was established in 2020 as part of the state’s criminal justice reform legislation, noted that the time between an investigation’s conclusion and the officer receiving discipline can be “a very long period.”
The delays also have a financial impact on taxpayers. “Sometimes those administrative leaves are paid leaves,” Zuniga noted. “And that’s an officer off the street that’s just sitting at home and getting paid. That’s not good use of public resources.”
‘This is not helping with trust’
The protracted delays have fueled concerns about accountability and public trust.
“This is not helping with trust when you’re seeing all of these issues coming out,” said retired Boston Police Detective Larry Ellison, a former president of the Massachusetts Association of Minority Law Enforcement Officers (MAMLEO). Ellison, along with Boston City Councilor Ed Flynn, expressed serious questions about BPD’s handling of recent high-profile incidents during a November 15th episode of The MAMLEO BROADCAST ON Boston Praise Radio & TV.
“I think the council should look into this,” Flynn said about police accountability issues, while expressing doubt that the council would take it on. “I don’t think they want to get involved in controversial issues, which is their job.”
While acknowledging that BPD is the second-largest department in the state and there can be legitimate reasons for postponing discipline, Zuniga stressed that timeliness is an issue that must be addressed. He indicated that the POST Commission is “contemplating updating regulations to address some of the things that you are alluding to. Timelines, how much it takes to impart discipline would be one of those things.”
BPD Responds
25 Investigates first emailed the Boston Police Department about this story on December 1st. We asked if there were any extenuating circumstances surrounding Officer Augustine’s case and the other delayed cases, and what steps were being taken to fix the backlog.
A spokesperson responded on December 8th, less than 3 hours before our report first aired on TV with this emailed statement:
“The Boston Police Department investigates all allegations of misconduct. The Department does not screen out any complaints. Boston is the largest municipal police department in the state. We are committed to doing fair and thorough investigations that will protect the due process rights of all involved, and to withstand any appeal or review. The Department has been focused on moving current cases forward to meet the mandates required pursuant to police reform, while also working to address an inherited backlog which was exacerbated by the COVID pandemic. Several steps have been taken to decentralize the process and utilize existing resources that allows Internal Affairs to focus on more complex matters. The staff of Internal Affairs is also responsible for the mandated reporting and case work related to police reform, including POST and OPAT.
We acknowledge that the length of time it takes to complete some cases is not in the best interest of the public or the officers involved and we are committed to doing better. We have taken steps in this direction, utilizing the resources we have to be more innovative and efficient.”
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