Officer gets suspension on DUI charge
The Board of Selectmen has placed a police officer charged with drunken driving while off-duty on unpaid suspension for four months and ordered him to undergo a year of counseling for alcohol abuse and anger management.
Officer John L. Silva III, who is the local police chief's son, was already being disciplined for a previous off-duty drinking incident when he was arrested for drunken driving in Halifax on Nov. 21, according to a settlement agreement released by the board Jan. 5. The settlement, effective Jan. 1, mentioned a disciplinary directive by Police Chief John Silva Jr. on Sept. 4, 2003, following an incident in the younger Silva's home.
"He was taken into protective custody because of his agitated state due to intoxication," selectmen chairman James Hardy said of the earlier incident. "There was no driving involved, no domestic violence, and no threats. Just a belligerent type of behavior." Hardy said he only learned of the earlier incident during the investigation of Silva's Nov. 21 arrest.
Following the late summer incident, Chief Silva issued the directive requiring his son, a seven-year member of the department, to provide a copy of a breath test at the start of each workday and to lock his gun in the station at the close of each shift. The younger Silva's firearms license was restricted to a single service revolver he used while on duty. He was also required to attend weekly counseling sessions.
Chief Silva declined comment on the directive. Under the settlement, his son must once again follow the conditions in the directive when he returns to work.
Hardy said the Board of Selectmen had not been told of the earlier incident or the subsequent disciplinary measure, until they began investigating the Nov. 21 accident. Hardy declined comment on the board's reaction to being left in the dark, saying members had yet to discuss it.
Under a "home rule" provision approved by Town Meeting last spring, East Bridgewater's police chief is solely responsible for the hiring, firing, and discipline of his officers. Chief Silva said he has always operated that way, and not telling selectmen is not a matter of giving special treatment to his son.
"I've been chief for 17 years, and I've given numerous discipline and directives and I've never notified the selectmen," he said. "I've always felt it's my responsibility to run the Police Department."
Silva said his son is being placed "under a microscope" by the news media because he agreed to a settlement rather than put the town through a hearing process.
"He hasn't even been found guilty of breaking any law to date," Chief Silva said. "And what's wrong with taking your punishment and moving on? Because we have one drunk-driving incident, do we categorize him as a drunk? That's just twice in seven years."
Hardy said all the information unearthed during the investigation was considered in the disciplinary measure laid out in the settlement. He conceded Silva's 120-day suspension is severe.
"For these types of incidents, the maximum we saw was a 30-day suspension," he said. But because the police department is small, it does not have the option of placing an officer who cannot drive on desk duty, he said.
"Here, he's either out patrolling or he's not working," Hardy said. The suspension from the job will coincide with the 120-day driver's license suspension Silva is serving.
Under the terms of the settlement, Silva will not be able to return to work without a doctor's note saying he is physically fit and a psychiatrist's note saying he is emotionally ready. During treatment, Silva has agreed to allow a superior officer, Sergeant John Cowan, to discuss his attitude with the physicians and counselors.
The Board of Selectmen placed Silva on paid administrative leave shortly after Halifax police charged him with drunken driving, driving to endanger, and leaving the scene of an accident on Nov. 21. Silva was arrested that night a quarter-mile from Plymouth and Old Plymouth streets, where the two-car accident occurred. Silva, a woman passenger, and the other driver sustained minor injuries. The other driver was also charged with drunken driving.
Halifax police Sergeant Edward Broderick described Silva's behavior that night as "uncooperative." Silva refused to take a Breathalyzer test and therefore automatically lost his driver's license for 120 days. His trial date is expected to be set when he appears in Wareham District Court on Jan. 12, according to the Plymouth district attorney's office.
Shortly after his son's arrest, Chief Silva, apparently to avoid any appearance of a conflict of interest, turned the matter of discipline to the Board of Selectmen. The selectmen in turn hired independent hearing officer James Lampke to oversee the disciplinary hearing on Jan. 5.
"We tried to take steps to make sure the hearing was as impartial and objective as possible and show the public we were aware of their concern," Hardy said. The selectmen reached a settlement with Silva before the hearing date.
Police Detective William Shaw, president of the local police union, declined to comment on the settlement between Silva and the selectmen.
"He is a good officer," Shaw said of Silva. "We wish him the best of luck. Hopefully, he'll serve the suspension and come back to work and get on with his life." 