News  OIG Found Methuen Officials Violated State and City Rules to Approve Police Contract, Recommends Rescinding City Council Approval of Agreement Providing Excessive Pay

In response to widespread complaints, the OIG investigated Methuen officials’ negotiation and approval of the Methuen Police Superior Officers’ union contract. Through its investigation, the OIG found that the former mayor and the Methuen City Council likely violated state laws, failed to comply with their own municipal rules and breached their fiduciary duties to the residents of Methuen.

The OIG found multiple violations, including:

• city officials failed to analyze the financial impact of the contract as mandated under city rules;
• the City Council voted to approve the contract on the same day it was introduced, violating the City Charter and a City Ordinance;
• the City Council improperly invoked a procedural rule in order to allow councilors with conflicts of interest to vote on the contract;
• city councilors and the former mayor neglected their obligations as public officials to exercise care and due diligence on behalf of Methuen’s residents.

The contract’s terms would raise salaries for some of the 26 sergeants, lieutenants and captains on Methuen’s police force by more than 100 percent. For example, police captains’ average salary would increase more than 180 percent from the prior contract, to $432,295 per year.  The captains’ salaries would surpass those of top law enforcement officials for Massachusetts and major cities across the country:

[1] The first year of the Superiors’ Contract was 2017.

The contract’s unprecedented pay increases would have far exceeded the police department’s budget.  After the raises came to light, Methuen’s mayor signed a memorandum of understanding (“MOU”) that outlined somewhat smaller raises for superior officers, but still well above the level the department’s budget can support.  As a result, city officials have issued layoff notices to 50 patrol officers, about half of the police department’s uniformed staff.

Finally, even though the Mayor has been paying the superior officers the salaries outlined in the MOU, the City Council never approved the MOU as required under local and state law.  Therefore, the contract may not be enforceable.

The OIG recommends that City Council take steps to rescind its prior vote on the Police Superiors’ Contract, including contacting the State Ethics Commission as well as consulting with legal counsel as to the validity of the contract and the MOU.

For additional information, please see OIG Letter to the City of Methuen regarding the Police Superior Officers' Contract, February 2019