daniel o'brien west side police.JPG

Daniel M. O'Brien

(The Republican [file])

WEST SPRINGFIELD -- An arbitrator last year awarded former police Capt. Daniel O'Brien nearly 18 months in back pay at his captain's salary after finding the city was not justified in his 2013 firing, according to an agreement released to The Republican in response to a public records request.

"There is insufficient evidence that the Town had just cause to terminate Captain Daniel O'Brien's employment," arbitrator Gary D. Altman wrote in his April 2015 ruling.

O'Brien was fired in October 2013 by former mayor Gregory Neffinger over a 2011 incident in which he was accused of taping a woman's mouth shut and securing her to a restraint chair after a disturbance at the Big E. The woman, Izabella Monticello, sued the city in federal court and reached a confidential financial settlement. O'Brien never faced criminal charges.

The International Brotherhood of Police Officers, Local 365S, filed the wrongful termination grievance on O'Brien's behalf, leading to the arbitration. Hearings were held on Dec. 18, 2014, and on March 30, 2015, and the ruling came on April 21, 2015. Although the parties agreed with the decision, the contents had been kept secret under a confidentiality clause -- until the city recently released the arbitration decision following a public records request by The Republican.

"Both sides had the full opportunity to present their evidence and cross-examine all witnesses. It was, and should be clear to any objective observer, that Captain O'Brien was wrongfully terminated," O'Brien's attorney, Timothy Burke, wrote in response to a request for comment.

"It is important to point out, as I did at the arbitration hearing, that the charges were not only politically motivated, but specifically intended to deny Captain O'Brien the opportunity for promotion to the rank of Chief of Police," the lawyer wrote.

O'Brien, who was elected to West Springfield's Town Council in November, officially retired from the city's police force on Jan. 1, 2016. West Springfield Mayor Will Reichelt said earlier this month that O'Brien had remained on the payroll at a patrolman's salary until his retirement.

City salary data published by MassLive Monday show that O'Brien was paid a total of $189,570.78 in 2015. Under the arbitrator's ruling, O'Brien was slated to see back pay at his captain's rate -- $420.79 a day -- for the period of Oct. 29, 2013 to April 6, 2015.

"Any unemployment compensation received during said time period shall be deducted from the back pay award," Altman wrote in his ruling. "All usual withholdings (e.g., taxes, retirement, union dues, etc.) will be deducted from said amount."

Moreover, Altman wrote, "I also find that there is no evidence before me which indicates that Captain O'Brien should be ineligible for a License to Carry."

O'Brien was suspended from the force in January 2012 after photos surfaced of a woman restrained in a chair with tape covering her mouth. He maintained that the woman, who was not arrested or charged with a crime, had been spitting at officers.

The Hampden District Attorney did not bring criminal charges against O'Brien, and instead referred the matter to the FBI. That agency found no civil rights violations.

Neffinger fired O'Brien in October 2013 after the captain refused to sign a separation agreement.

Now the town administrator in East Longmeadow -- where O'Brien applied for a position as chief of police but ultimately withdrew his candidacy -- Neffinger has said his decision to fire O'Brien was a mistake.

Monticello, the woman seen in the photos, brought a civil complaint against the city and O'Brien in June 2014. Represented by Northampton attorney David Hoose, records show she was seeking damages of $2 million.

The case was dismissed, according to court records, after the parties reached a settlement agreement. Those terms were never made public.

Contacted Monday, O'Brien, who had served more than 25 years on the West Springfield police force, declined to comment on the arbitrator's ruling.

At the time of his 2013 firing, he said: "All I wanted was a fair hearing."