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TO:
FROM:
SUBJECT:
DATE:
Accused:
Complainant:
Allegation:
Investigator:
Williston Police Department Internal Investigation Report
Joseph E. McNeil, Law Office of McNeil, Leddy & Sheahan
Thomas R. Tremblay, Consultant, McNeil, Leddy & Sheahan
Williston Police Department Intemal Investigation (IA11-03)
May 10,2011
Sergeant Scott Graham
Officer William Charbonneau
Dispatcher Deborah Davis
The above complainant alleges that Sergeant Graham and Officer
Charbonneau accessed her son's information through the CAD and
NLETS system for no legitimate law enforcement purpose in
violation of the State VIBRS user policy. The complainant alleges
that this is a continuation of harassing conduct that now is
targeting her family. (See also attachment 1)
Thomas R. Tremblay
(
\,
Complaint Summa.y:
In March of 2010 Acting Police Chief Bart Chamberlain was
placed on Administrative leave following reports by employees of
the Williston Police Department that Acting Chief Chamberlain
was possibly engaged in an inappropriate relationship with a
female employee under his command, Ms. Deborah Davis. The
allegations were repOlied by employees to the Town Manager, Mr.
Richard McGuire, when Acting Chief Chamberlain and Ms. Davis
used dcpat1mcnt funds to travel to Texas for a police conference.
Mr. McGuire ordered an investigation into the allegations. James
Cronan was hired by the town of Williston to conduct the
investigation. As the investigation was concluding, Sergeant
Chamberlain signed a confidential agreement with the town of
Williston which removed him from his position as Acting Chief
and returned him to his position as Detective Sergeant in April
2010.
Williston Police employees rep0l1ed to Mr. McGuire that they
were concerned that Sergeant Chamberlain would return to work
and use his supervisory position to retaliate against employees who
reported the incident. Williston employees reported that they were
reassured by Mr. McGuire that retaliation would not be tolerated.
In April 20I0 Interim Chief Doug Hoyt was hired by the town of
Williston to assume command of the police department until Chief
Roy Nelson was hired in July of 20IO.
On 12/16/10 Sergeant Graham sent an email to Chief Nelson
reporting that Sergeant Chamberlain was engaged in continued
harassment and hostility as a result of an email exchange that
occurred between Sergeant Chamberlain and Officer Huizenga.
In December of 2010 Williston Police Officer Josh Moore began
organizing other Williston Police employees to rep0l1 a series of
actions by Sergeant Chamberlain that he and others felt were
retaliatory actions that were creating a hostile and uncomfortable
work environment negatively impacting the morale of the
department.
On January 13, 2011 Sergeant Chamberlain and Ms. Davis met
with Mr. McGuire and rep0l1ed that they believe they are being
unfairly singled out by Chief Roy Nelson. Ms. Davis and Sergeant
Chamberlain provided examples of ongoing issues at the Police
Department that they believe demonstrated that Chief Nelson was
treating Ms. Davis and Sergeant Chamberlain unfairly. Mr.
McGuire provided a three page typed overview of Ms. Davis and
Sergeant Chamberlain's complaints.
In later statements Ms. Davis and Sergeant Chamberlain repOited
that they were the victims of a hostile work environment and both
believed that they were targeted for tennination by Intet1m Chief
Hoyt and Chief Nelson. Sergeant Chamberlain indicated that all
actions taken by Chief Nelson since Chief Nelson's arrival have
directly impacted him and Ms. Davis only. Sergeant Chamberlain
and Ms. Davis provided examples of treatment by employees of
the Williston Police Department and Chief Nelson that they
believed created a hostile work envirorunent that Chief Nelson
ignored. Sergeant Chamberlain referred to this as the "I hate Bmt
and Deb Club" which divided SGT Chamberlain and Ms. Davis
from the rest of the department.
Sergeant Chamberlain suggested that all of this is possibly being
directed by Mr. McGuire because Mr. McGuire has often
complained that Sergeant Chamberlain is the highest paid town
employee. Sergeant Chamberlain also reported that he believes
Mr. McGuire harbors ill will towards him as a result of his work as
Union Steward. Sergeant Chamberlain reported that he believed
Chief Nelson was attempting to convince Union members to get
rid of the Teamsters Union. All allegations against Chief Nelson
are detailed in Williston Police IA 2011-02
Sergeant Chamberlain cautioned that many of the allegations that
have been made against him in this matter have already been
investigated in a previous investigation conducted by James
Cronan. Sergeant Chamberlain wanted it stated for the record that
he believes any investigation of these allegations against him that
is covered by the signed Confidentiality Agreement would be a
violation of the agreement he signed with the town of Williston.
On January 18, 2011, Officer Josh Moore, Officer Justin Huizenga,
Officer William Charbonneau, and Administrative Assistant
Marilla Whitcomb submitted written complaints to Chief Nelson
reporting concerns that Sergeant Chamberlain had used his
supervisory position to harass employees and create a hostile and
uncomfOltable work enviromnent that was affecting morale and the
entire effectiveness of the department. All employees provided
examples of actions taken by Sergeant Chamberlain while he was
acting Chief and since his demotion that they deemed questionable,
harassing, hostile and/or retaliatory.
February 3, 2011
Chief:
It has come to my attention that Sgt. Scott Graham and Officer Bill Charbonneau ran my
son through the CAD and NLETS system yesterday morning. I want to know what law
enforcement reason they had to this. If there was no law enforcement reason, this is
against the VIBRS User policy and possibly State Statute.
For almost a year I have endured the officers disrespect and making it such an
uncomfortable work environment for me that it has affected my health, and for what? For
something they did not agree with that happened a year ago that was personal and had
nothing to do with work? Even after making complaints to Chief Hoyt and you about
their behavior, nothing has been done. Now, they are targeting my kids? They have
crossed the line.
I respectfully request an explanation for this.
Thank you,
~ ~ ~
Cc: Rick McGuire
Duane Messier
Williston Police Department
7928 Williston Road
Williston, VemlOnt 05495
802-878-6611 or Fax 802-872-1124
February 4, 2011
Deborah Davis
7928 Williston Road
Williston, Vermont 05495
.DearMs. Davis,
I am acknowledging receipt of your complaint 3, 2011 Sgt. Scott graham and
Officer Bill Charbonneau utilizingthe CAD and INLETS system oli February 3, 2011.' Office of the
chief of Police lakes these issue.s seriously and an investigation irito this matter WiUbe in
accordance with Department Rules and Regulations,General Drders;and Employeeconttactuai
. - .'. . - '- .
.agreement.
Your complaint is being with thecurrentinquiry/reviewbeing Mr: Thomas.
. ... .... .
Sincerely, .
Chilif Roy A. Nelson
Williston Police
..
Williston Pollce Department .
7928 Williston Road
'.. Williston, Vermonl05495 .
802-878-6611 or Pax 802'872-1124
Officer William Charbonneau .
Williston Police Department
7928 Williston Road .
Williston, VT 05495
FehlUary4,2cin'
. .
Officer Charbonneau,
In aceordancewith the agreel)Wllt The Town and theChauffeur;,
Teamster, WarehDusemanand Helpers Union No. 597afiiliaiect \vith the Br()therhood of
Teamstei:s Section 702 Discipline andDJscharge, Subsection B.Complaints, I am notifying you that oil
February 4, 2011 the Office of the Chief of Police received a'formal complaint from a memher of the
Williston Police Department.allegingpossible misuse of the on FebrUary 3; 2011 ..
.As Chief of Police I am informing you this complaint will be incorporated into the current inquiry/review
that is being conducted by Mr. Thomas Tremblay.
Roy A. Nelson.
Chief of Police
"Dedicated to Protecting Lives dnd Property"
www.town.williston.vt.us
Williston Police Department
7928 Williston Road . . .
Williston, Vermont 05495 .
802-878-6611 or Fax802-872-1124
Sergeant ScottGraham
Williston Police Department
7928 Williston Road
Williston. VT 05495
','.. , -
.: i
February 4. 201,1
Sergeant Graham,
. In accordance with tile agreemeni between The Town of Williston, Vermoilt and, the ChaUffeurs.
Teanister, and Helpers Union No, 597aff1liated with the InlernationaI Brotherhood of '.
.Teamsters Section 702 Discipline Complaints. t amnotifying you that on
Febmary 4. 20II the Office of the Chief of police received a formal complaintfrom a member of the
Williston police Department alleging possible misuse of the CADINLETSkysteni on Febmary 3.2011 .
. As Chief of Police I aminforming you this coniplaint will be inorporated into the Gmtentinquiry/review
that is being conducted by Mr. Thomas Tremblay. : . .
Roy A. Nelson
Chief of Police
"Dedicated taPratecting Lives and Property"
www.town.williston.vt.us
Williston Police Department
7928 Williston Road
Williston, Vermont 05495
(802}878-6611 or Fax (802)872-1124
MEMORANDUM
TO: Chief Roy Nelson
From: Officer Wm. Charbonneau lr--!SL
Date: 02/10/2011
Re: Request for copy of complaint
This memo is being sent to formally request a copy of the complaint that was filed against
me by another employee. This request is being made in accordance with Article VII
Employee Rights (c}(6) of the Union Contract: The employee will be provided a copy of any
written statement, copies of recordings and copies oftranscripts. Thank you.
"Dedicated to Protecting Lives and Property"
MRI-4629347
PS02 4 ~ 5 4 15:20 04MAY11
PD27A 0077 15:20 04MAY11
, "<EG/DWM6 8 . A NO REGISTRATION ReDS