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Joyce, Vigliotti And Gambaccini Named Super Lawyers For 2019

The Worcester, Massachusetts law firm of Reardon, Joyce & Akerson, P.C. announces that three of its attorneys, Austin Joyce, John Vigliotti and Andrew Gambaccini, have been selected as Super Lawyers for 2019 by Super Lawyers Magazine.

Austin Joyce, the firm’s senior attorney, has been practicing law since 1979.

John Vigliotti receives the award for the fifth time, one for each year he has been eligible. Prior to being named a Super Lawyer, Vigliotti twice was named a Rising Star by Super Lawyers Magazine.

Andrew Gambaccini receives the honor for the third time in his third year of eligibility. Previously, Gambaccini was named a Rising Star in eight years by Super Lawyers Magazine.

Each year, no more than five percent of the lawyers in Massachusetts are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

Deputy sues Dracut manager

Chartrand says Duggan ruined his police career
By: Amaris Castillo | Lowell Sun

DRACUT — A long-simmering feud between Town Manager Jim Duggan and Deputy Police Chief David Chartrand has spilled over into federal court.

Chartrand on July 17 filed a civil-rights lawsuit against Duggan, seeking redress for “the unlawful and unconstitutional targeted bullying and retaliatory misconduct” of the town manager, according to the suit. Chartrand, who is represented by attorney Andrew Gambaccini, is demanding a trial by jury and seeking $1.8 million in punitive and compensatory damages.

The 50-page lawsuit filed in U.S. District Court of the District of Massachusetts details the tangled history between both men and other town officials.

“Using the authority of his office, Duggan unlawfully has taken adverse actions against Chartrand and has retaliated against Chartrand, including through workplace bullying and harassment, the initiation of meritless disciplinary proceedings and the stripping away of Chartrand’s job duties,” the complaint reads. “This calculated campaign was designed by Duggan to injure Chartrand, his career and his reputation.”

Duggan on Friday said he had not received a notice of the lawsuit. He declined to comment and said any litigation is always referred to town counsel.

“I can’t comment on pending litigation as town counsel, and I have not read the complaint because it hasn’t been served in the town,” Town Counsel James. A. Hall said when reached Friday night.

“Having said that, I’ve known Manager Duggan for decades, and I know that he’s incapable of violating anyone’s civil rights,” Hall continued. “On a personal note, I’m disappointed that Deputy Chartrand would file a lawsuit against the town of Dracut. He is a lifelong resident of Dracut, a graduate of Dracut High School, and has been employed as a police officer in the town for over 25 years. I’m saddened that he would sue his fellow citizens of the town of Dracut for $1.8 million.”

Chartrand in 2016 was suspended for two weeks without pay, following a civil service inquiry into his handling of documents in a Dracut lieutenant’s personnel file. Then-Police Lt. Michael Fleury had accused Chartrand of improperly releasing a letter in his personnel file to The Sun.

Chartrand appealed the town’s decision. Late last year, the state’s Civil Service Commission ruled 3-2 in his favor. The commission hears and decides appeals on matters such as discipline filed by certain state and municipal employees and candidates for positions covered by the civil service law.

The majority opinion by three commissioners was that Chartrand’s appeal be allowed in part and that his 10-day suspension be modified and reduced to a written reprimand.

In response, Duggan wrote that, although the original suspension imposed has been modified to a written reprimand, the Commission still ruled that Chartrand’s conduct in deliberately disregarding the rights of a fellow superior officer warranted discipline. “The written reprimand will be a permanent record of Deputy Chartrand’s personnel file,” Duggan said in an emailed statement to The Sun.

This suspension, and much more, is included in the lawsuit.

Chartrand on Friday said there have been numerous actions taken against him that were unjustified. He said he believed they were for personal reasons.

“Because of those, it’s done irreparable harm to myself, my family,” Chartrand told The Sun. “I served this community for many, many years. I’ve done the very best job I possibly can. Because of what’s happened, essentially my career is over.”

Below are a few of the complaints charged against Duggan, according to the lawsuit:

• Several years ago, the town hired Municipal Resources Inc., a New Hampshire consultancy, to conduct an investigation into the Dracut Police Department. According to the lawsuit filed last week, Chartrand after reading the audit report was taken aback by what he believed to be the “personal and false subjective attack” it represented upon both him and then-Police Chief Kevin Richardson. The lawsuit states that Chartrand told Duggan he could not believe the report’s content and believed work should begin on an immediate rebuttal.

“Duggan responded to Chartrand by stating that the report was a ‘done deal’ and that, while he did not know Chartrand’s plans, if Chartrand wanted to look for work elsewhere, Duggan said that he would provide Chartrand with a recommendation that ignored the MRI material,” the suit reads.

According to the complaint, this was a “thinly veiled threatening, intimidating and coercive message for Chartrand as to Duggan’s intentions.” The suit claims Duggan did not want Chartrand to be in the department any longer.

• Duggan’s reorganization of the Police Department entailed the creation of an additional Deputy Chief position and, according to the lawsuit, the move was designed to impact Chartrand adversely.

• According to the lawsuit, Duggan has interviewed candidates for promotion within the agency and has explained to them that he expects loyalty if they are promoted. Furthermore, the suit claims, Duggan had indicated to those persons that he expects they will not be drinking Chartrand’s “Kool-Aid.”

The lawsuit also touches on the difficult history between Chartrand and Selectman Tony Archinski, who retired from the Police Department in 2008. Though Archinski is not a defendant in the lawsuit, he is mentioned early on, throughout several pages.

According to the court document, Archinski was angry because Chartrand was chosen as deputy chief. After Duggan was hired as town manager, the suit claims Duggan and Archinski developed and maintained a symbiotic relationship in which the selectman has become a blind supporter of Duggan. It also charges Duggan with carrying “Archinski’s water” and taking steps to achieve “Archinski’s desire to go after Chartrand.”

Archinski on Friday said he had not read the lawsuit.

“I have not spoken to David Chartrand since I retired 11 years ago and I have not spoken about him in a very long time. I don’t recall the last time I even had a conversation with the town manager about David Chartrand,” Archinski said.

Archinski said he and Chartrand did not have a good relationship during his time in the Police Department and added that he put it all behind him when he retired.

“I think that Chartand has always felt that I had it out for him, but I have definitely put that behind me years ago,” Archinski said. “There are much more important things to do in my life than worry about what David Chartrand does or thinks.”

In response to Archinski’s comments, Chartrand had this to say on Friday: “I’d like to thank him for yet again publicly speaking about the animosity he’s had towards me.”

Chartrand’s attorney Andrew Gambaccini on Friday said they are looking forward to the opportunity to question Duggan under oath.

Chartrand Attorney: Civil Service Commission Decision ‘Last Piece Of Puzzle’ For Civil Rights Lawsuit

Chartrand Attorney: Civil Service Commission Decision ‘Last Piece Of Puzzle’ For Civil Rights Lawsuit

By Lisa Redmond | Your Dracut Today

DRACUT — The attorney for Deputy Police Chief David Chartrand has vowed to file a civil rights lawsuit against the town after Chartrand won a major victory last month when the state Civil Service Commission sided with the veteran cop and reduced his 10-day suspension to a letter of reprimand.

The commission’s Nov. 8 decision is part of an ongoing legal battle that has raged since 2016, when Town Administrator James Duggan suspended Chartrand for 10 days claiming Chartrand improperly released to the media – as part of a public records request – documents from Dracut Police Lt. Michael Fleury’s personnel file.

“We agree that the town has not established just cause for discipline for violation of the most serious charges, including no violation of the public records laws or other misconduct’’ a majority of the commission wrote.

Describing it as a “misstep,’’ and given Chartrand’s “solid record of past performance,’’ the commission is “warranted in exercising its discretion to modify the discipline and to reduce it to no more than a written reprimand,’’ the decision reads.

Commission Chairman Christopher C. Bowman took a tougher stance writing that in his opinion, any discipline against Chartrand, as the public records officer, “could have a chilling effect on the need for transparency in government affairs.’’

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Chartrand vs. Duggan: It’s not over quite yet

Chartrand vs. Duggan: It’s not over quite yet

A Sun staff report by The Lowell Sun

DON’T EXPECT the feud between Dracut Town Manager Jim Duggan and Deputy Police Chief David Chartrand to simmer down. In fact, look for it to intensify.

Last week, the state’s Civil Service Commission rejected the 10-day suspension Duggan imposed on Chartrand, over the latter’s handling of documents in Police Lt. Michael Fleury’s personnel file.

Chartrand had been suspended without pay. The commission ruled 3-2 in favor of Chartrand.

Andrew Gambaccini, Chartrand’s lawyer, said he and his client are pleased with the ruling.

Gambaccini said the commission did not allow his team’s recent motion to reopen the record to uncover “additional evidence” that he said they discovered. He hinted of alleged recordings and emails from Duggan in which the town manager discussed “his apparent plot to go after Deputy Chief Chartrand.”

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Civil Service rules in favor of Dracut deputy

Civil Service rules in favor of Dracut deputy

By Amaris Castillo | lowellsun.com

DRACUT — The state’s Civil Service Commission ruled 3-2 in favor of Deputy Police Chief David Chartrand over the town of Dracut in an appeal of the town’s decision to suspend Chartrand for 10 days.

Chartrand in 2016 was suspended for two weeks without pay, following a civil service inquiry into his handling of documents in a Dracut lieutenant’s personnel file. Police Lt. Michael Fleury had accused Chartrand of improperly releasing a letter in his personnel file to The Sun.

The majority opinion by three commissioners is that Chartrand’s appeal should be allowed in part and that his 10-day suspension should be modified and reduced to a written reprimand, according to the 44-page decision obtained by The Sun.

“We agree that the Town has not established just cause for discipline for violation of the most serious charges, including no violation of the public records laws or other misconduct, save for his failure to provide proper due process to the subject of an internal affairs investigation, as required by the department’s rules and regulations,” the majority opinion reads.

Read more: lowellsun.com

Vigliotti And Gambaccini Again Named Super Lawyers For 2018

The Worcester, Massachusetts law firm of Reardon, Joyce & Akerson, P.C. announces that two of its attorneys, John K. Vigliotti and Andrew J. Gambaccini, have been selected as Super Lawyers for 2018 by Super Lawyers Magazine.

Vigliotti receives the award for the fourth time, one for each year he has been eligible. Prior to being named a Super Lawyer, Vigliotti twice was named a Rising Star by Super Lawyers Magazine.

Gambaccini receives the honor for the second time in his second year of eligibility. Previously, Gambaccini was named a Rising Star in eight years by Super Lawyers Magazine.

Each year, no more than five percent of the lawyers in Massachusetts are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

Andrew Gambaccini Selected To Write Employee-Side Commentary For The Massachusetts Civil Service Commission Reporter

In Massachusetts, a significant number of public employees, including many police officers, are civil service employees and see their employment governed by the Commonwealth’s civil service laws and regulations.  The Massachusetts Civil Service Commission is the agency that processes and decides appeals of various types involving civil service employees, including disciplinary actions, bypass decisions, job classification disputes and other issues related to the civil service laws and regulations.

The Massachusetts Civil Service Commission Reporter is an important resource that publishes regularly the official decisions issued by the Civil Service Commission.  In addition to publishing the Commission’s decisions, the Reporter also features exclusive commentary from noted and experienced civil service attorneys.  These expert commentaries analyze the decisions of the Commission and provide readers with useful insight from the selected attorneys, who represent the sides of management and employees in disputes before the Commission.  Beginning in 2018, RJA Attorney Andrew Gambaccini will be writing the employee-side commentaries for the Reporter.

April 11, 2018 – Federal Bar Association Panel Discussion

On April 11, 2018, the Civil Rights Section and Massachusetts Chapter of the Federal Bar Association will present a panel discussion on “Qualified Immunity on the Cutting Edge: Has the Doctrine Run Its Course?” RJA Attorney Andrew Gambaccini will be one of the panelists, speaking on the doctrine of qualified immunity from the defense perspective. Other panelists include Judge Timothy Hillman, United States District Court Judge for the District of Massachusetts, and Professor Karen Blum of Suffolk University Law School. Further details can be found in the flyer for the panel. [download flyer]

Fed-Bar-Panel1Fed-Bar-Panel2

 

 

Vigliotti and Gambaccini Named Super Lawyers

The Worcester, Massachusetts law firm of Reardon, Joyce & Akerson, P.C. announces that two of its attorneys, John K. Vigliotti and Andrew J. Gambaccini, have been selected as Super Lawyers for 2017 by Super Lawyers Magazine.

Vigliotti receives the award for the third time, one for each year he has been eligible.  Prior to being named a Super Lawyer, Vigliotti was twice named a Rising Star by Super Lawyers Magazine, for any other law services you can visit this weblink online for this.

Gambaccini receives the award in his first year of eligibility.  Previously, Gambaccini was named a Rising Star by Super Lawyers Magazine for eight years.

Each year, no more than five percent of the lawyers in Massachusetts are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a rigorous multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area.

RJA Defends Against Inmate’s $5.7 Million Dollar Lawsuit Associated With Drug Lab Scandal

The Daily Hampshire Gazette recently published a story concerning “[a] $5.7 million lawsuit filed in federal court in Springfield [that] sheds new light on the inner workings of the now-defunct Amherst Drug Lab and alleges failings of numerous state offices, a local police department and an entire municipality, and how people consume drugs, which could cause accidents, so if you need an aggresive marijuana dui lawyer is better to have options for this.
‘This is a case about government corruption,’ begins the 57-page lawsuit filed by Northampton attorney Luke Ryan on behalf of plaintiff Rolando Penate, of Springfield, in U.S. District Court.

The corruption, Penate alleges in the lawsuit, was widespread and led to his imprisonment for 5 years, 7 months and 12 days on a conviction of distribution of a class A substance. That conviction was ultimately dismissed in June in a 127-page ruling by Hampden Superior Court Judge Richard Carey. Drugs like these get out easily onto the streets and they are responsible for many addictions caused out there. Even kids are doing drugs at a younger age every year, if you know someone who is struggling with drugs, then consider taking them to this substance abuse clinic for teenagers.

Assistant attorney generals, Massachusetts State Police officers, state Department of Public Health chemists, leaders within DPH, Springfield Police and the city of Springfield are all alleged to have taken part in ‘multiple, overlapping conspiracies to suppress highly exculpatory evidence,’ the lawsuit states.”

RJA represents one of the named defendants in the lawsuit, Captain Steven Kent of the Springfield Police Department.  The Gazette article states that:

“Andrew J. Gambaccini, the attorney for Springfield Police Officer Steven Kent, said his client will file a motion to dismiss the claims against him.

It was not immediately known how many of the defendants have been officially served. Gambaccini is the only attorney named in court filing representing a defendant, accredited by the Joint Commission.

‘If that claim was trapped in a wet paper bag, it would not be able to fight its way out of the wet paper bag,’ Gambaccini said of the allegations against Kent.

In response, Ryan said, ‘I guess we’ll just have to wait and see.'”

[Read the entire article]