By George P. Hassett

A police officer was denied a promotion after his vocal opposition to the mayor’s reorganization of the police department, alleged a federal lawsuit filed Wednesday, April 4.

Sgt. Joseph E. McCain was set to be the next sergeant promoted to lieutenant. But then he strongly spoke out against Mayor Joseph A. Curtatone’s ordinance removing the police chief’s position from civil service and making it a mayoral appointment. In addition, McCain participated in patrolmen’s union pickets of Curtatone at City Hall.
As a result, Curtatone and Acting Chief Robert R. Bradley failed to fill the open lieutenant vacancy and allowed the civil service list McCain was on to expire to avoid promoting him, according to the lawsuit. McCain claims his First Amendment rights were violated and is asking the federal court to award him damages, pay for his attorneys fees, and prevent the city from filling the lieutenant’s position McCain believes is rightfully his.
City Solicitor John Gannon strongly denied McCain’s allegation but refused to comment further.
  According to the lawsuit, McCain took the Somerville Civil Service Promotional Exam in Oct. 2002 and was next on the list to be promoted to lieutenant. In Nov. 2005, a public hearing was called to discuss Curtatone‚Äôs ordinance to remove the selection process for the city‚Äôs police chief position from civil service. Under Curtatone‚Äôs plan, candidates would go through a selection committee then be appointed by the mayor. At the public hearing, McCain spoke against the ordinance and claimed his union, the Somerville Police Superior Officer‚Äôs Union, only voted to agree to Curtatone‚Äôs plan after Bradley promised 20 promotions in exchange for their support. Previously, the union had voted to keep the chief‚Äôs position in civil service but after the meeting with Bradley, the union agreed to give the mayor power to appoint the chief and reorganize the department, McCain said at the meeting.
  The allegations were later refuted by Bradley and Capt. Charles Femino, president of the union. They claimed Bradley told members of the superior officers union that after the chief‚Äôs job is removed from civil service the department would be reorganized and part of the reorganization plan was to create two new substations and 20 promotions to staff the stations.
“I think {McCain} is the only one who heard it like that,” Bradley said in a Nov. 2005 Somerville News article.
At the meeting, McCain read from a letter he sent to each alderman and state delegate. He detailed his charges of an illicit agreement between the superior officer’s union and Bradley and claimed he was warned not to speak up.
“Over the past month, many people have cautioned me against writing this letter and more recently, have cautioned me against speaking at the public hearing on November 15. They are under the belief that by doing so I will be targeted by the city’s administration and by the leadership of the Police Department for speaking out against their program. I hope that this is not the case,” he said at the meeting.
Aldermen later voted unanimously to remove the job from civil service.
McCain’s opposition to Curtatone’s administration continued when he participated in two pickets at City Hall. The pickets were organized by the patrolmen and fire unions because of stalled contract negotiations. Neither union has had a contact in almost three years. McCain does not belong to either union.
  In December 2006, Lt. Paul Timmins retired and in Feb. 2007 Lt. Frank Kelly retired, opening up two vacancies for lieutenant. During this time, McCain‚Äôs name was next on the civil service list for promotions to lieutenant. McCain‚Äôs lawyer said the positions were funded. With two lieutenants positions vacant Bradley used sergeants, including McCain, to temporarily fill the position as command staff. Despite the vacancies, McCain was never promoted. In Somerville, Curtatone is the appointing authority. McCain‚Äôs lawyer, Joe Doyle, said his client was not promoted because he exercised his First Amendment rights at the Nov. 2005 public hearing.
McCain did not take the Fall 2006 civil service exam and the list he was on expired. Doyle said Bradley and Curtatone knew McCain did not take the Fall 2006 exam and allowed the list to expire to avoid promoting him. Doyle said McCain did not take the exam because he expected to be promoted based on his performance in the earlier test.       
  In his letter opposing the chief‚Äôs removal from civil service, McCain said he decided to voice his resistance to Curtatone‚Äôs ordinance because of what he learned from his late father, who had also been a police officer.
  ‚ÄúMy father taught me that there are times in life that one must stand up for what is right, regardless of the consequences. He also said, ‚ÄòYou don‚Äôt always get a medal for doing what‚Äôs right,‚Äù he said.
  A preliminary hearing will be held May 18 at the Moakley Federal Courthouse in Boston.