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Fired cop denied appeal extension
By Administrator   
Monday, November 29, 1999 07:00 PM
Fired Duxbury police officer Scott Myers won't get more time to appeal a December Superior Court decision, according to a recent ruling by the Massachusetts Appeal Court.
 Fired Duxbury police officer Scott Myers won't get more time to appeal a December Superior Court decision, according to a recent ruling by the Massachusetts Appeal Court.

That December Suffolk Superior Court decision upheld the firing of Myers by the town in 2003 due to an abuse of sick time and medical leave. While on medical leave, Myers was videotaped working at his wife's pizzeria, Capone's in Pembroke.

"Unless there is further appeal of the Appeal's Court decision, Myer's termination is final," stated Town Counsel Robert Troy.

Myers originally brought the appeal before the Superior court after the Civil Services Commission upheld the town's actions in suspending him from the force for three days and eventually firing him.

Myers said he was injured after he and other officers responded to a house party in town on June 1, 2002 and he tried to subdue an intoxicated person.

X-rays showed Myers had a back injury and his physician wrote a note to police Chief Mark DeLuca stating that Myers would be unable to work until June 27, according to court documents.

DeLuca later suspended Myers, a 20-year veteran on the department, for abuse of sick time when Myers was scheduled for 10 shifts between July 1 and 15 and never reported for duty. Myers instead took seven sick days and three vacation days.

On July 22, 2002, Myers used a recommendation from his doctor to apply for a leave of absence due to his injuries, according to court documents.

That leave of absence was granted. However, in September, DeLuca was informed that Myers had been seen working at his wife's pizzeria.

After a private investigator videotaped Myers taking orders, serving customers, and taking out trash at the restaurant after he refused to return to the police department to do light duty, Myers was fired by then Town Manager Rocco Longo.

The December Superior Court decision stated that the town and the Civil Service Commission's previous rulings on the matter were upheld because Myers engaged in substantial misconduct by knowingly failing to disclose the full extent of his work at Capone's to the town's physician. Myers also violated the collective bargaining agreement with the town because he didn't get approval from DeLuca before working at the pizzeria while on injury leave, according to the commission ruling.

Myer's attorney, Douglas Louison, did not return calls or emails, but in the past, he has stated that it was clearly stated that Myers was injured in the line of duty and that just because he may have helped out at his wife's business, it did not mean he was fit to return to duty as a police officer.
 

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