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McGowan Retires From Williamstown Police Department

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WILLIAMSTOWN, Mass. — The police officer who accused the Police Department of sexual harassment and racism has retired, ending a year of tumult that saw the departure of both the town manager and police chief. 
 
Sgt. Scott McGowan retired as of Oct. 31, according to a statement issued by his attorney David A. Russcol, a partner of Zalkind, Duncan and Bernstein of Boston.
 
"Sgt. McGowan came to believe that continuing the legal disputes with the town of Williamstown would not be in anyone's best interests," said Russcol. "He intends to dismiss his recent retaliation complaint at the Massachusetts Commission Against Discrimination, as those issues have been resolved to his satisfaction and that of the town."
 
Interim Town Manager Charles Blanchard said he could only confirm that as of Oct. 31, McGowan was no longer a member of the Williamstown Police Department. He added that town would issue a statement on this next week.
 
McGowan had recently filed a second complaint with MCAD, alleging that he was placed on administrative leave last winter as retaliation for allegations he raised in a 2019 MCAD complaint and subsequent federal lawsuit against the town, the former town manager and the former police chief.
 
Meanwhile, the town had three times in the past month scheduled a disciplinary hearing for McGowan, who then exercised his right to have the hearing held in public. The latest date scheduled for the hearing was Nov. 16. 
 
During this period, the Select Board held two executive sessions related to litigation regarding police. 
 
The town's annus horribilis began in August 2020 when McGowan filed suit in federal court alleging three counts of discrimination and retaliation for bringing misconduct in the force to light and naming then Town Manager Jason Hoch and Police Chief Kyle Johnson. 
 
The Select Board was caught off-guard by the federal suit and had been unaware of the MCAD complaint, in which McGowan alleged the town denied him a promotion to lieutenant because he blew the whistle on various incidents of sexual misconduct and racist behavior in the Police Department.
 
Those incidents, some of which went undenied by the town in court filings, sparked a community conversation about conduct in the department and ultimately led to the departure of the former chief and town manager.
 
McGowan had dropped the lawsuit last December after it was announced that Johnson would leave his position. 
 
In March, McGowan was placed on paid administrative leave for investigation into an "employee complaint." Hoch, who was still town manager at the time, said the leave was not disciplinary.
 
Russcol said the sergeant had informed Blanchard last week on his intent to retire from the department, in which he has served since 2002. 
 
McGowan's retirement would seem to close a chapter on a year of turmoil that has led the town to consider its police practices, but town has still not fully recovered. It's back to square one in trying to find a permanent town manager after a failed search last month, and will have to find a temporary manager as Blanchard will be leaving next month. The lack of a town manager has also put off the search for a new police chief. 
 
Russcol's full statement is below: 

Late last week, Sergeant Scott McGowan informed Williamstown Interim Town Manager Charles Blanchard of his retirement from the Williamstown Police Department, effective October 31, 2021. Sgt. McGowan came to believe that continuing the legal disputes with the Town of Williamstown would not be in anyone’s best interests. He intends to dismiss his recent retaliation complaint at the Massachusetts Commission Against Discrimination, as those issues have been resolved to his satisfaction and that of the Town.

In 20 years of service to the Town of Williamstown Police Department (14 years as the department investigator), Sgt. McGowan has been a dedicated law enforcement officer and civil servant. Sgt. McGowan was responsible for the successful investigation of serious crimes against individuals and helping to deliver appropriate justice. These incidents ranged from significant larcenies to the heinous crimes of sexual assault and rape, which at times targeted our most vulnerable populations, children and the elderly. 

Because of Sgt. McGowan's thoroughness and fairness, he earned the respect of prosecutors in the Berkshire County District Attorney's Office. Sgt. McGowan further earned the admiration of defense counsel, too, as Sgt. McGowan understood that it was equally essential in an investigation to exonerate the innocent. This admiration was most evident when two prosecutors and two criminal defense attorneys provided letters of recommendation for Sgt. McGowan's promotion to the rank of lieutenant in 2019.

Sgt. McGowan is delighted to move ahead with his many future career opportunities. Despite this, Sgt. McGowan does have one foremost sadness leaving law enforcement, and that is the permanent bond he formed with the many survivors of serious crimes that remains unbroken today. Sgt. McGowan understood law enforcement was more than stopping a car for speeding, and real police work was truly helping individuals who were victimized get justice.

 

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Williamstown Charter Review Panel OKs Fix to Address 'Separation of Powers' Concern

By Stephen DravisiBerkshires Staff
WILLIAMSTOWN, Mass. — The Charter Review Committee on Wednesday voted unanimously to endorse an amended version of the compliance provision it drafted to be added to the Town Charter.
 
The committee accepted language designed to meet concerns raised by the Planning Board about separation of powers under the charter.
 
The committee's original compliance language — Article 32 on the annual town meeting warrant — would have made the Select Board responsible for determining a remedy if any other town board or committee violated the charter.
 
The Planning Board objected to that notion, pointing out that it would give one elected body in town some authority over another.
 
On Wednesday, Charter Review Committee co-Chairs Andrew Hogeland and Jeffrey Johnson, both members of the Select Board, brought their colleagues amended language that, in essence, gives authority to enforce charter compliance by a board to its appointing authority.
 
For example, the Select Board would have authority to determine a remedy if, say, the Community Preservation Committee somehow violated the charter. And the voters, who elect the Planning Board, would have ultimate say if that body violates the charter.
 
In reality, the charter says very little about what town boards and committees — other than the Select Board — can or cannot do, and the powers of bodies like the Planning Board are regulated by state law.
 
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