MUNICIPAL BUILDING

145 CONGRESS ST.

RUMFORD, MAINE 042 76

TELEPHONE 207-364-4576

FAX 207-364-5642

December 22, 2005

BY HAND-DELIVERY

Sgt.TraceyV. Higley95 South Rumford RoadRumford, Maine 04276

Re: Disciplinary Action

Dear Sgt. Higley:

Please be advised that, after the hearing at which you appeared withDouglas Maifeld, President of Local 1828-01, and your attorney, WalterHanstein, III, Esq., I have decided that the following disciplinary action shall betaken: demotion to Patrolman I and a suspension of seven days without pay.

You acknowledged at the hearing that you acted wrongly in recentlyreported incidents and incidents which came to light as a result of theinvestigation performed by Lieutenant Carter. You asked for an opportunity toshow that you can make adjustments to improve your conduct. From reviewingthe information presented at the hearing, I find that you have been providednumerous opportunities in the past to improve your conduct and attitude, yet youcontinue to demonstrate conduct and attitude which is unacceptable for anofficer of the Rumford Police Department.

The position of police officer is one with great power over our citizenry.The position should be handled with politeness, consideration, competence anddiscretion. On repeated occasions, you have been rude to the public and otherofficers and displayed behavior unbecoming an officer. With persons beingdetained by the Town, you have not shown them the consideration that is due

them and have, in fact, acted aggressively and in an intimidating manner. TheTown of Rumford wants its officers held in respect, not in total fear. In the pastyou have been given written and verbal reprimands by Chief Bourassa: June20OO-you received a verbal reprimand regarding your failure to perform yourrequired duties by answering the radio for other towns' officers; November 2001-you received another verbal reprimand for your failure to attend to the physicalcondition and medical needs of a prisoner who went into a diabetic coma;February 20O2-you were given a written reprimand for discourtesy and conductunbecoming an officer regarding the use of intimidation tactics of a minorprisoner; October 2OO4-you received yet another verbal reprimand fordiscourteousness and conduct unbecoming an officer; September 20O5-you weregivfen still another verbal reprimand for improper supervisory methods whileinteracting with subordinates and for bringing a 15 year old female into the officespace for long periods of counseling.

Chief Bourassa stated at the end of the hearing that a mere two weeksbefore the events that lead to the hearing on December 19th, he had warned you touse more appropriate language when talking with female employees andmembers of the public after he heard your comments while speaking on thephone with someone. Chief Bourassa deemed your comments to be inappropriateto your position. Despite this warning, you admitted at the hearing that youmade statements at the Rumford Elementary School which had sexualinsinuations and connotations which offended at least one of four femaleemployees of the school and which made the other women feel uncomfortable.Telling four women that you handle tattletalers by "kissing and licking them"while representing the Rumfprd Police Department is totally unacceptable. Yourstatement to jflHtfHHflfcthe week prior is also totally unacceptable andunprofessional. Rubbing your chest and telling^JJHMHHS^that"... this is allme baby" while you were at the school representing the Rumford PoliceDepartment for its DARE program is deplorable.

Your comments tojfjffjfEfffthe wife of your subordinate, regardingher appearance were inappropriate and made her feel very uncomfortable. Takenalone, the incident would not warrant severe punishment, but when viewed withyour conduct at the Rumford Elementary School, it further demonstrates yourcontinued disregard of Chief Bourassa's warning to you to "smarten up"regarding your comments to the public.

In regards to your fellow officers, you have failed on numerous occasions toshow them the respect that is warranted. You show a lack of respect for authorityin that you have been provided many opportunities to improve your conduct andyet you continue to act as you wish. Shortly after being advised by LieutenantCarter regarding supervisory issues and receiving a verbal reprimand from Chief

Bourassa in October of this year, you admit making the statement to PatrolmenNoyes and Casey that, "I was told that I have to change the way I supervise. Well,I only know one way to supervise and I am not going to change the way Isupervise." While your explanation at the hearing was that this was said becauseyou "believed in keeping channels open", I did not find this explanation to becredible given your past history and given the fear of retribution which concernedthe Patrolmen. You also admitted at the hearing to referring to the person whoreported the incident to your supervisor as a "piece of shit." This demonstratesyour inability to lead others, to accept constructive criticism from a superiorofficer and to act in a professional manner. Despite the fact that the officersstated that you conformed your behavior for a short period of time, it was stillapparent to me from their testimony that they were concerned about retributionfor cooperating in answering Lieutenant Carter's questions posed to them in theinvestigation.

I have reviewed the letters that you provided and considered yourstatements at the hearing that you will make efforts to conform your conduct. Iseriously considered termination at this time; however, you are being providedthat opportunity you requested to show that you can be a good officer. You arewarned, however, that in the event of any future documented conduct violations,your position with the Rumford Police Department will be subject to termination.You will not be given any additional opportunities. I will be monitoring yourconduct. I truly hope that you take advantage of this opportunity.

You may appeal this decision to the Board of Appeals pursuant to Chapter36-A, section 4. Your written request for the appeal must be received by mewithin five (5) business days of today.

Sincerely,

Stephen G. EHfidgeTown Manager

SGE\tpcc: Timothy Bourassa, Chief, Rumford Police Department

Stacy Carter, in-coming Chief, Rumford Police DepartmentDouglas Maifeld, Union PresidentJames Oliver, Union RepresentativeJennifer F. Kreckel, Town Solicitor