Cop Who Resigned After Alleged Overtime Fraud Denied Reinstatement
The former police officer and union official allegedly filed false overtime with the department, and resigned in 2006.
A Malden Police officer and former head of the Malden Patrolman's Union who resigned after his department accused him of overtime fraud was denied an appeal seeking reinstatement by the commonwealth's Civil Service Commission last week.
According to the decision (PDF), Michael Sawicki said he and the department reached an agreement in Sept. 2006, in which he agreed to resign and pay $5,287.90 restitution in exchange for avoiding criminal prosecution.
The department also agreed to some confidentiality agreements – specifically, to not disclose the nature of the investigation to potential employers calling for references.
However, a Google search for the officer's name and “Malden” reveal a number of news articles detailing the charges against the former officer, whose resignation was covered by local press at the time.
As a result, Sawicki claims he was rejected for a job last February by a prospective employer who told him “I can't go forward with you because of a previous problem with the Malden Police” and that “There are two articles (on Google) about you resigning from the police.”
In March 2007, Sarwicki said he received notice from the employment agency that his application for the Boston job would not be proceeding because of “an issue with his last employer that was relayed to one of our attorneys”.
The decision
In his decision, Commissioner Paul Stein dismissed the appeal on jurisdictional grounds, noting “(Sawicki) fails to state any basis on which the Commission could find a violation of any of his rights under civil service law.”
Stein said the only basis in civil service law that allows for the reinstatement of resigned employees would require the city to submit an application explaining “the reasons why such reinstatement would be in the public interest” and the approval of those reasons by an HR official with the state of Massachusetts.
“None of these statutory requirements are present here,” he observes.
He concludes by noting that Sawicki, who recently had the case dismissed on its merits by the Middlesex Superior District Court, seemed to be appealing to his commission in a last minute, long-shot attempt at reinstatement.
“Mr. Sawicki only came to the Commission with this appeal more than three years later, after his civil contract claims on the subject had been actually litigated in another forum and been dismissed on their merits by the Middlesex Superior Court...(as such) any appeal to the Commission’s powers to grant equitable relief would face insurmountable odds,” he wrote.
DannyBoy
1:06 pm on Wednesday, April 11, 2012
This guy is better off seeking another line of work besides civil service. He has dishonored the public's trust by committing this fraud.
Stinkpit
5:36 pm on Thursday, April 19, 2012
Run for office...
Stinkpit
5:36 pm on Thursday, April 19, 2012
How about he joins the guardian angels. Then he can come back with thumper and the crew and once again patrol the streets of Malden if he wants back so bad.
broadway Jay
1:32 am on Thursday, April 12, 2012
Isn't this former employee of the Malden Police Dept entitled to the arbitration process under collective bargaining rights ?
broadway Jay
1:32 am on Thursday, April 12, 2012
Sorry Correction: Collective Bargaining Agreement?
David Marsters
9:07 am on Thursday, April 12, 2012
I don't understand how Michael could have received overtime money just by turning in O.T. slips. They had to be signed by the officer-in-charge of the shift that he supposidly had worked. Must be others involved!!!!!!!!!!!!!!!!!
david mokal
4:41 pm on Saturday, April 28, 2012
MUST be many more involved.
David Marsters
9:08 am on Thursday, April 12, 2012
Why didn't you post my last comment? Something fishy here!!!!!
Chris Caesar
11:00 am on Thursday, April 12, 2012
You really think I'd censor your comments on behalf of the police department? I'm the person that wrote the story.
broadway Jay
10:14 am on Thursday, April 12, 2012
David, you as a former MPD, isn't this officer entitled to a binding arbitrators ruling ?
David Marsters
10:58 am on Thursday, April 12, 2012
I can't say for sure, but like it says he resigned. But I feel others involved as I stated in earlier comment. I couldn't get OT pay if it wasn't signed by the officer in charge of the shift that you worked.
David Marsters
10:58 am on Thursday, April 12, 2012
What bothers me is that Michael should have a good lawsuit against the city for letting this out to Google if they had a signed contract that none of this would become public.Something still fishy here.
Chris Caesar
11:00 am on Thursday, April 12, 2012
From what I read, it wasn't that "none of this becomes public," it's that it wouldn't be directly revealed to potential employers reaching out to the department for employment verification.
Phe
1:41 pm on Thursday, April 12, 2012
The way that I understand it is that the city wouldn't release the information. They have no control over independent media outlets posting public information on the internet though.
Chris Caesar
1:47 pm on Thursday, April 12, 2012
Basically. I linked to the decision above, and it describes the two parties agreeing on specific wording for prospective employers. It doesn't seem as though there was a total gag order on the issue, however.
Stinkpit
4:42 pm on Thursday, April 12, 2012
5k is quite an expensive ot shift. Did you work any overtime to go with your nice pension. I assume you retired and not resigned?
David Marsters
1:41 pm on Thursday, April 12, 2012
OK Chris, so now this man is unable to get a job now, but pols that steal from the taxpayers still get good jobs!!!!!!!!!!!!!!!!!!!!
Chris Caesar
1:49 pm on Thursday, April 12, 2012
I understand how politicians 'steal' in a broader sense, but I think any politician caught literally stealing money for himself would probably have a hard time staying in politics. There are, of course, exceptions.
Stinkpit
4:42 pm on Thursday, April 12, 2012
Dave is it true you are a guardian angel now?
Stinkpit
8:29 pm on Thursday, April 12, 2012
Run for office...
David Marsters
12:24 pm on Friday, April 13, 2012
Hey Stinkpit, We don't need guardian angels in Maine. We take care of our own. Do not need license to carry firearms. Also I did run for 3 offices and was voted in to the ordinance review committee, budget committee, and charter commission. Also I retired at 49 with a reduced pension to get away from the Malden politics. What have you done?
Stinkpit
6:03 pm on Saturday, April 14, 2012
Kudos to you for the military but that's it. If you were so proud you would have stayed and not let politicians drive you from such a prestigious job? 3 of you on the budget committee and 12 townspeople.
Stinkpit
8:51 am on Saturday, April 14, 2012
What sounds fishy is you say you retired way early to avoid the politics so you take reduced money from your pension to leave early? But then to avoid politics your commenting on all kinds of articles. Doesn't make any sense. I never heard of someone leaving a great job, looks like you were a bike cop, to escape politics only to obviously read and comment everything that goes on? Budget committee? Really?
David Marsters
3:13 pm on Saturday, April 14, 2012
Yes Stinkpit, I was a bike cop and proud of it. Also I forgot to mention that I get a military pension for over 30yrs of service to the country and Social security. What a country we live in. I have beat the Malden retirement for 18 yrs now, and I get yearly increases on retirement, military and SS with out negotiating for the increase.
David Marsters
7:38 pm on Saturday, April 14, 2012
Thats how much you know about Maine. Being a cop is prestigious. I don't think so. Try it some day. What have you done in your life?
Lisa
11:43 am on Monday, April 23, 2012
Wow...someone who has a brain! Yes the OIC did sign the slips and no he did not steal 5K worth of OT that is what he was forced to agree to by the loser chief of police at the time so he could go on with his life! Low and behold he has not been able to go on with his life and someone should pay for that! He agreed thinking people involved would be respectable and account for his 20 years of outstanding service and they shafted him! It amounts to anyone leaving work early and not putting on their time card the flipping 15/30 minutes...not 5K! Also anyone leaving work early would not have gotten a life sentence to never be able to work again...The man has kids and it is devastating the amount of punishment this man has to take over something that wasn't really about OT just politics that the mayor wanted him out of President of Police Union position and another loser cop able to abuse his power with the chief to pay back a 16 year old vandetta!
David Marsters
1:36 pm on Monday, April 23, 2012
Yes Lisa, I didn't know the whole story as I was not there and I am a retired Malden cop, as you probably know by now. It is the old stinking politics of the mayor and the loser chief of police. As you probably know that the chief of police is appointed by the mayor and not by civil service exam. The chief was only a lieutenent when he was promoted. There was 4 captains eligilble for job but was past over as they didn't donate enough to the mayors campaign fund. It just happened again about a year ago, chief retired and another lieutenent was appointed chief, by passed the 4 captains again. Good luck to Winchester with Maldens old mayor. Thank God the old loser chief wasn't voted in for ward 3 councilor. Talk to you later.
david mokal
4:45 pm on Saturday, April 28, 2012
If ya cant do the time then dont do the crime. Twenty years he outused his usefulness and became dishonest. Just like the 518,000 that disapeared no one was acountable not one piece of property was attached. There no different then the punk who sticks a gun at ya and tells ya hand over your money.
Manny
1:42 pm on Monday, April 23, 2012
David, you are a genuis :}
David Marsters
1:47 pm on Monday, April 23, 2012
Thanks, I love being a genuis.
Lisa
9:33 am on Tuesday, April 24, 2012
I guess my comments were for Chris Ceasar...writing a story that was a total 'gag order'...obviously someone still leaking information to public! none of what has transpired in the past 5 years should be public but low and behold I google and there are 10 more articles destroying this mans life as well as his families! Wish someone would write about the truth the whole truth and not look for more crap to exploit a situation that is nothing but lies!!! Cheif was not allowed to speak to media about any of what happen and there was NO investigation just a cheif and new captain abusing their power to pay back a vandetta that should not have been allowed to do!! The only choices the man has is to go after the people posting false information on the world wide web to DEFAME his name even more! Oh jeez Chris what can you say to that????
Phe
11:25 am on Tuesday, May 1, 2012
Lisa - As I understand this, the case is a matter of public record so there could be no "gag order" or the records would have been sealed. From what I've read and researched, there was an agreement in place that Malden's officials wouldn't mention it if called for a reference, or otherwise bring it up, but...if the records weren't sealed by the courts, it's an easily searchable matter of public record. Hell, I found it. :(
I'm so sorry about the devastation that this has wrought, but hopefully someone will be able to turn this around and maybe even make the case against the former Mayor (may he never return!) and police chief (ditto) that somehow, what THEY did was the criminal act and not what your husband did. Best of luck to all of you.
Chris Caesar
11:25 am on Tuesday, May 1, 2012
It's public information. If there is a gag order, it's apparently news to the courts, which made all the documents public.
Phe
11:25 am on Tuesday, May 1, 2012
I should note that I found the official records, not just media stories on this. :(
Lisa
9:39 am on Tuesday, April 24, 2012
Oh yeah Chris thanks for letting Mike know that his decision was denied in civil service...funny how the world wide web knew the results before the actual person who filed the complaint! Boy what a world you people live in...seek and destroy anybody but yourselves!
Chris Caesar
11:29 am on Tuesday, May 1, 2012
The court documents were about a week old when I got them, and I just came across them by chance. You're welcome? Also, not totally clear on how I seeked and destroyed here.
David Marsters
3:18 pm on Tuesday, April 24, 2012
Lisa,
Everything you say is so true. Good ole politics at it again. The chief that was involved should have been retired because of a heart attack, but good ole politics let him stay on. I don't know who you are but tell Mike I said hi and to hang in there. Karma will take over.
Lisa
9:47 am on Wednesday, April 25, 2012
Thank you Dave...I am his wife! He said Hi back and when I found this he explained who you were! Thank you for your words of support it has been a rough 6 years and the nightmare continues...he now knows he should have fought this instead of thinking cheif was a man of his word! Would have been done and over with and life would not be so messed up...again thanks for your support!
David Marsters
10:01 am on Wednesday, April 25, 2012
People wonder why a person would take up arms and go to former work place and shoot up the place killing people. A lot of people in this world are so crule. I would love to see the shoe on the other persons foot. Tell Mike that Ole Lippy would be supporting him also. Some times I believe crime does pay. Look at all the pols commiting crimes and doing better financially. Book and movie deals. Look at Columbia, the girls down there already have book and movie deals and the secret service men will also benefit. Try and have a good day. Dave M
DannyBoy
12:39 pm on Wednesday, April 25, 2012
David, those are awful things you wrote! As a former cop, are you now condoning workplace violence? What's wrong with you? Let me tell you a personal experience: my spouse was bullied by her ex-manager into quitting a previous job, and it never crossed our minds to sue her former company, let alone going back and exacting any revenge in a violent way. We can't have people lashing out in a violent manner in society, even if they've been wronged or perceive that they were unjustly dealt with.
David Marsters
11:53 am on Wednesday, April 25, 2012
Lisa, are you on FB.if so send me a message on FB and we can write in private.
David Marsters
2:50 pm on Wednesday, April 25, 2012
Danny Boy, Maybe you can't read, I just stated a fact about workplace violence. You can't accept what is going on. You probably go along with George Zimmerman being inocent of the murder in Fl.
DannyBoy
2:54 pm on Wednesday, April 25, 2012
David, can you clarify what is going that I can't accept? I am not a mind-reader so that you will have to be more specific. And what does this situation have to do with the Zimmerman case?
David Marsters
3:05 pm on Wednesday, April 25, 2012
Being more specific, you don't know what is going on in this country. The Zimmerman case has to do with this, is if you know someone with power, like his father, a retired judge and mother clerk of courts, you get off with major crimes and someone like Michael gets hung out to dry because he didn't fit or pay to the establishment.
DannyBoy
3:23 pm on Wednesday, April 25, 2012
David, I admit that I am not familiar with what is going on in police departments, their union and the internal politics being played out behind the scenes, as I don't personally know any police officers nor do I frequent their circle. I have read about George Zimmerman's family connections, and I am not naive enough to believe that there are no behind-the-scenes string pulling and influence being exerted to keep him from being charged. As for Michael Sawicki's case mentioned in this article, if he feels that he was wronged by the system and that the stain on his reputation is such that he cannot find gainful employment due to the notoriety of this matter, then he should fight this in court and try to get his good name back.
David Marsters
3:30 pm on Wednesday, April 25, 2012
I agree Danny Boy that he should fight this in court, but it takes a lot of money for an attorney. As you see, I have notified Lisa to contact me in regards to this matter. He has to get an atty in Boston and not from Malden. I know the system as my wife and I had a lawsuit and know how to go about getting things going. Thanks for writing.
DannyBoy
3:36 pm on Wednesday, April 25, 2012
David, I'm sure Michael and Lisa will appreciate your help in this matter. Take care.
Stinkpit
8:17 pm on Friday, April 27, 2012
Hey Dave, good job retiring at 49. You really loved your job, right. That sounds fishy. You say its because the politicians drove you out? something doesn't jive. If you retired before the minimum age (60?) aren't you not getting a full pension? sounds like youre one of the good o'le boys
David Marsters
11:48 am on Saturday, April 28, 2012
Stinkpit, Check the laws before you speak. Being in civil service as a cop you can retire at any age if you do 20yrs of service if you served in the military at a reduced pension. I am not one of the good o'le boys and never will be. Minimum age is 55 for full pension to put you straight.
Stinkpit
4:23 pm on Saturday, April 28, 2012
Come on Dave, why did you leave so early from such a good prestigious job? You mean to tell me like you said earlier mean politicians forced you out. Thought policemen neeed to have a tough skin. Whats the real reason. Something smells fishy
david mokal
4:50 pm on Saturday, April 28, 2012
They leave before the crap hits the fan..He should run for a job on the city blend right in.
David Marsters
8:24 pm on Saturday, April 28, 2012
Stinkpit, you think job is prestigious, why weren't you one. Probably couldn't pass the exam. You know whats fishey is you. I have no skelitons in my closet.
Stinkpit
10:55 am on Sunday, April 29, 2012
Hey Mokal your correct. Cops and firemen dont take off before they get their full pension since its so good. Obviously something is missing. He hates it so much in Malden but he posts all the time instead of enjoying his"early pension." And obviously english grammar wasnt a prerequisite back when he was a cop before he ran out the door for whatever reason. Or maybe he regressed now he's on the "planning board"
Bobby James
10:35 am on Tuesday, May 1, 2012
Oof. Never bring a spoon to the grammar fight.
David Marsters
1:35 pm on Sunday, April 29, 2012
Hey Stinkpit, why don't you let us know who you are instead of hiding behind your phoney name. I know Mokal very well and he gives his name, from being a cop OK. I am glad that you know your grammar, you must have been a scholar in your days. Get facts straight, I am not on planning board. I love posting as part of my retirement and enjoying early retirement with your tax dollars.
Don
7:46 am on Tuesday, May 1, 2012
I grew up in Malden and was very lucky to be aquainted with several Malden and State police officers while working out at the Y. As a young teenager, they influenced me to be good and stay on the right path, workout hard and help others. Will always remember several, who I could mention and they would be known. I for one appreciate all that has been done, Malden is nightmare to police with all the bad that is about. I have written on other cities that police should be issued automatic weapons. After all, it is only a matter of time before these criminals or worse, terrorists do it to us. I trust the police and don't want them outgunned, it will happen. I imagine many who are writing here, who probably have been arrested a few times, will not like that idea. Just wondering how a police officer would feel if his arsenal was upgraded to match the capability of the bad threats.
David Marsters
9:14 am on Tuesday, May 1, 2012
I would like to thank DannyBoy for his investigative tools in setting Stinkpit straight. I have contacted Chris about the remarks Stinkpit has made and defamation of my character and threats.
Phe
11:27 am on Tuesday, May 1, 2012
I also flagged his last comment (yeah, Stinkpit, that was me). First, the lack of a "real" name posting here is a violation of the TOS. Secondly, that was a threat and no mistake. Totally wrong.
David Marsters
9:22 am on Tuesday, May 1, 2012
In regards to Don's writing about cops, I would like to see the arsenal of weapons upgraded to meet or exceed the criminal element. I know Malden police have the weapons that meet or exceed the criminal element, but are locked up in OIC office. They have officers trained for the use of them, but if needed in a hurry, the officer has to got to station and get the weapon from the OIC. I believe the weapons should be in the street sgts cruiser for quick access. Criminals have no law to follow but police do and if police don't follow the law in use of weapons all hell breaks loose with the media etc. Thanks Don
Gene Pinkham
9:53 am on Tuesday, May 1, 2012
Dave, I don't think you'd want it to be public knowledge that there's a Bushmaster in the trunk of a cruiser.
Phe
11:20 am on Tuesday, May 1, 2012
Gene - Anyone who DOESN'T know that hasn't seen an episode of "Cops". Ever. Or watched the news. Or ever seen a cop open their trunk. It's fairly common knowledge that there are more weapons on hand than the standard issue sidearm and that at least one of them is a shotgun, Bushmaster or other.
David Marsters
10:03 am on Tuesday, May 1, 2012
My feelings are that if the criminals have the fire power cops should have it to and if the criminals know you have it the cruiser they will go else where. Here in Maine we can carry without a permit and the crime up here is low as criminals don't know who is packing heat.
Don
10:37 am on Tuesday, May 1, 2012
In Israel they carry Uzi's, our police should too. I thought you police officers would feel this way and God bless you. It takes unreal courage, I couldn't do it. That incident in Woburn hurt, I knew that police officer and used to say hi every week. Then a creep robs a store and shoots him. I could tell you of an incident in Malden, where one of the cops I admired as a young kid had a gun put in his face during a liquor store robbery. Thank God he prevailed. As a Malden Cop Dave, I am sure I can't tell you much as I have seen nothing. But, I know you cops can tell good from bad instantly, easily seeing through the BS. Enjoy ME my friend.
DannyBoy
12:05 pm on Tuesday, May 1, 2012
David, Don, I agree with the argument that police should have as much firepower as they can legally get, to match or surpass the arsenal of criminals. The bank robbery and subsequent shootout incidents in North Hollywood California back in 1997 (link: http://en.wikipedia.org/wiki/North_Hollywood_shootout) are still fresh on my mind to this day, as I (and many others, I'm sure) was shocked by the TV images of the shootout between the two bank robbers and LA police. Those two criminals were armed with assault rifles while the cops only had shotguns and pistols to defend themselves.
David Marsters
11:04 am on Tuesday, May 1, 2012
Don,
That liquor store robbery was probably owned by one of our own and when the robber tried to leave, he shot him in the balls. Loved that cop. Well known in Malden and lives in Fl now.
Don
1:30 pm on Tuesday, May 1, 2012
No, it was down by the projects in South Broadway. You know, where there are robberies 3 times a day.
Chris Caesar
11:32 am on Tuesday, May 1, 2012
Come on guys. Let's play nice. This story was posted over a week and a half ago!
DannyBoy
11:51 am on Tuesday, May 1, 2012
Chris, we all try to be civil on these discussion boards, but Stinkpit crossed the line, which is why his last comment got flagged and removed.
Chris Caesar
1:15 pm on Tuesday, May 1, 2012
I removed the comment, but everyone could stand to take a deep breath.