Answer Of Respondent - scanned

Town of Winthrop · from StateReference · 4 pages · 55 KB
open the file ↗ · original at the source ↗

COMMONWEALTH OF MASSACHUSETTS
LABOR RELATIONS COMMISSION

86 2 oR a fe fe oe 2 2K oR ee Os OE Ro ae Ho RK

In the Matter of

Winthrop Police, MCOP Local 421
and

Town of Winthrop Case No: MUP 16-5344

* ££ ££ & *

1 AE fe 3 ee 2 A ee He KB ae Oo oo a a

ANSWER OF RESPONDENT, TOWN OF WINTHROP

1. The respondent admits Paragraphs 1, 2, 3, 4, 5, 6, and 7 of the Complaint.

2. The respondent denies Paragraph 8 of the Complaint and further answers that the Town
offered complainants counsel access to the information requested prior to the
investigatory interview of the unit members.

3. The respondent denies Paragraphs 9, 10, and 11 of the Complaint.
FIRST AFFIRMATIVE DEFENSE

As a separate and distinct affirmative defense Respondent alleges that the Complaint
fails to state sufficient facts to constitute a cause of action upon which relief can be granted.

SECOND AFFIRMATIVE DEFENSE

As a separate and distinct affirmative defense Respondent alleges that the Complainant
failed, refused, and/or neglected to discuss with the Respondent alternative means to discuss the
allegations contained in the civilian complaint.

THIRD AFFIRMATIVE DEFENSE

As a separate and distinct affirmative defense Respondent alleges that the Complainant
is estopped by their conduct from asserting each of the causes of action upon which they seek
relief.

FOURTH AFFIRMATIVE DEFENSE

As a separate and distinct affirmative defense Respondent alleges that the Complaint
and each and every alleged cause of action contained therein are barred by the doctrine of
waiver.

FIFTH AFFIRMATIVE DEFENSE

As a separate and distinct affirmative defense Respondent alleges that no officer
subject to the investigation has been disciplined and the Internal Affairs Investigation has been
closed.

SIXTH AFFIRMATIVE DEFENSE

The charging party’s claims are barred to the extent that they fail to establish a violation of G.L.
150E.

SEVENTH AFFIRMATIVE DEFENSE

The Respondent has complied with all laws and regulations and otherwise satisfied its statutory
obligations under G.L. 150E.

EIGHTH AFFIRMATIVE DEFENSE
The Charging Party failed to make reasonable settlement efforts relevant to this charge.

Wherefore, Respondent prays that the Complaint be dismissed with prejudice.

Respectfully submitted
The Town of Wi
by its counsel,

Neowdrd L. Greehagany Esq
BBO# 210420 ~
200 Broadway, Suite 304

Lynnfield, MA 01940

781-598-4545

hgreenspan@greenspanlawyers.com

Dated: 9~¢- 16

CERTIFICATE OF SERVICE

A copy of the foregoing Answer Of Respondent, Town Of Winthrop has been sent via
USS. Mail, postage pre-paid this 8" day of September, 2016 to Jennifer Smith, Esq.,
Sandulli Grace, 44 School Street, Suite 1100, Boston, MA 02108.

Howard L. Greenspan