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City’s police oversight agency is finally starting to subpoena Boston cops
“This is a significant record, if you will, in terms of the step forward in the execution of the duties of our agency.”
Amid growing tension between the Boston Police Department and the civilian watchdog tapped to oversee it, the city’s police oversight office has taken the unprecedented step of subpoenaing several officers to appear at its meeting Thursday.
The decision came after members of Boston’s Office of Police Accountability and Transparency (OPAT) expressed concern about the “widespread refusal” of Boston Police Department officers and employees “to participate in interviews or cooperate with OPAT investigations.” While the 2021 ordinance that established OPAT gave its three-member commission the ability to subpoena witnesses, the Jan. 29 vote marked the first time agency leaders have opted to flex that authority.
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“This is a significant record, if you will, in terms of the step forward in the execution of the duties of our agency,” OPAT executive director Evandro Carvalho acknowledged after the unanimous vote.
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OPAT declined to name the subpoenaed officers. However, Carvalho told The Boston Globe, which first reported on the vote, that a total of nine officers had been served.
There are seven cases on the agenda for Thursday’s meeting of the OPAT Civilian Review Board, all slated for discussion in a closed-door executive session. In an email to Boston.com, a representative from OPAT explained that testimony typically happens in executive session, though officers have the right to request that a hearing be made public.
“In anticipation of that hearing on Feb. 12, we created a list of personnel, BPD personnel, we need for that hearing,” Carvalho explained during last month’s meeting. “And these are folks, essentially, that are related to the cases that are to be heard that day.”
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If the subpoenaed officers fail to appear, OPAT leaders could file contempt proceedings in Superior Court and ask a judge to order them to show. The Boston Police Patrolmen’s Association and the Boston Police Superior Officers Federation didn’t immediately respond to requests for comment on whether any of their members had been subpoenaed and planned to appear.
But in a September letter to Boston Police Commissioner Michael Cox, members of the Civilian Review Board complained that BPD employees have thus far been reluctant to cooperate. They noted the Boston Police Superior Officers Federation asserted in 2023 that “sworn officers are not expected or required to participate in OPAT investigations.” Service Employees International Union Local 888, which represents the department’s civilian employees, likewise advised members “to refrain from accepting OPAT invitations,” according to the letter.
The Civilian Review Board also said it was “deeply concerned” Cox had “consistently not respected” its recommendations in disciplinary matters.
“Boston cannot move forward with a police accountability system that is ignored by police leadership and employees,” the letter continued. “We urge your leadership to correct this and recommit to a vision of public safety rooted in transparency, community trust, and justice.”
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In a Dec. 4 response, Cox said the Boston Police Department has taken steps to improve its coordination with OPAT, such as tapping Supt. Richard Dahill, chief of the bureau of professional standards, to serve as its liaison. However, he also asserted that state law, civil service rules, and collective bargaining agreements mean Boston police can’t sustain an allegation or levy disciplinary action solely on the basis of OPAT findings, absent an internal affairs investigation.
“While balancing oversight responsibilities with legal and contractual requirements, we remain dedicated to open collaboration, better communication, and supporting strong civilian oversight that enhances confidence in policing,” Cox added.
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