On August 15, 2024, the Massachusetts Peace Officer Standards and Training Commission suspended former Hopkinton Police Sergeant and now Milford Police Officer Timothy Brennan’s certification, effectively forcing him from duty. Unable to work as a law enforcement officer, Brennan supplemented his income by picking up shifts as a private security guard.

The POST Commission was created on December 31, 2020, at the height of the Black Lives Matter movement and following the murder of George Floyd at the hands of a Minneapolis police officer. The POST law aims to enhance accountability, transparency, and professionalism within law enforcement in response to widespread concerns about police misconduct and systemic racism.

All Massachusetts law enforcement officers are required to be certified by POST every three years, a process that requires written and practical examinations, a psychological evaluation and in-service training on topics like use of force, legal updates, and other relevant areas.

Through his attorney, Daniel Fogarty, Brennan immediately appealed the August 15^th POST decision, and a hearing was held on August 30 before Commissioner and Secretary of POST Marsha V. Kazarosian. Kazarosian is well known in Massachusetts legal circles, having served as a past President of the Massachusetts Bar Association and on the Massachusetts Supreme Judicial Court’s Advisory Committee for Clerks of the Courts. 

In a seven page letter issued today, Kazarosian found that her fellow commissioners had erred in determining “by a preponderance of the evidence that (Brennan’s) suspension is in the best interest of the health, safety or welfare of the public.“

“The Suspension Order relies upon decisions made by Brennan in 2017 and 2022 that I find do not currently endanger the health, safety, or welfare of the public so as to merit suspension of his certification.,” wrote Kazarosian. “Brennan’s decisions articulated in the Commission’s Suspension Order all relate to one set of circumstances, are far removed in time from the present, and do not demonstrate or suggest a pattern of behavior that is likely to escalate so as to threaten the public.“

In the letter, Kazarosian went to great lengths to describe Brennan’s service as a law enforcement officer.

“It is also important to note that in 36 years of service, Brennan has no record of discipline, and has enjoyed, by all accounts, an exemplary career in law enforcement both before the incidents asserted in this matter occurred, and in their aftermath. He has demonstrated no pattern of behavior or propensity to harm or threaten the health, safety, or welfare of the public, and to be sure, his testimony as to his reasoning for remaining silent – to protect a victim from retaliation and harm – indicates that the safety of the public is not unimportant to him.”

Milford Chief of Police Robert Tusino appeared by Brennan’s side on August 30 and offered his testimony, which Kazarosian took into account in her decision. 

“Further testimony was provided as to Brennan’s benefit to the public and the importance of his ability to continue to work as a police officer in Milford. Chief Tusino of the Milford Police Department clearly affirmed that Brennan is not a present threat to the health, safety, or welfare of the public, and in fact testified to just the opposite. Chief Tusino’s personal observation and assessment of and his confidence in Brennan’s ethical and moral execution of his duties as a police officer was unambiguous. He reiterated that he made the right decision in hiring Brennan despite his full knowledge of the allegations against him and his termination in Hopkinton as a result thereof.”

During the hearing, both Attorney Fogarty and Chief Tusino indicated the “strong support” Brennan has from the citizens of Hopkinton. Kazarosian noted that the May Special Town Meeting article directing the Select Board to reinstate Brennan passed 219-99.

In her decision, Commissioner Kazarosian effectively articulated what Attorney Fogarty had been unable to do during Brennan’s Loudermill hearing on January 20, 2024; that is, that the policies of the Hopkinton Police Department at the time of Brennan’s admitted transgressions were vague and did not provide the officer with clear guidance. 

(The “Defendent” Kazarosian references below is former Deputy Chief of Police John “Jay” Porter.)

“Further, the Hopkinton Police Department policies at that time provided little guidance as to how to handle a report of this nature, and required Brennan or the Victim to report the assault to the Hopkinton Police Department, which further amplified Brennan’s concerns that by reporting the assault, (a report that would certainly be disclosed to the Defendant), he would be putting the Victim in danger of retaliation by the Defendant. As such and given his training as a Rape Aggression Defense (“RAD”) counselor committed to taking a victim-centered, trauma-informed approach, he opted to remain silent and continue to urge her to self-report. Again, I make no finding as to the appropriateness of his decisions and rationale, but I find that those decisions, made years ago, do not currently threaten the health, safety or welfare of the public so as to merit suspension pending other proceedings.”

To emphasize her point, Kazarosian included an excerpt from a letter provided to POST written by Hopkinton Chief of Police Joseph Bennett, which outlined Deputy Porter’s alleged actions, Brennan’s decision not to report the disclosures made to him by the then-adult victim, and the conclusion that Brennan had violated a series of rules, policies and regulations by remaining silent. 

“The letter is notable for the following,” Kazarosian writes. “Starting at the end of page 50, and continuing to page 52, the letter states as follows: 

‘Many victims are hesitant to participate in prosecution. Victims of sexual assault and domestic violence are those who are most commonly among hesitant victims. When a victim is reluctant police officers work to serve these victims and stand ready should they decide to come forward with prosecution.’ 

“This is telling. Clearly Hopkinton was well aware of the dilemma that victims of sexual assault and domestic violence face, and that the officers are trained to basically ‘stand ready’ until the victim decides to move forward. Arguably, this is exactly what Brennan did.”

Kazarosian concluded her argument by pointing out the deficiencies in Bennett’s letter and the Hopkinton Police Department’s policies at the time.

“What this (letter) does not address is Brennan understood that the Defendant would have been aware of any reporting of a sexual assault; a clearly problematic situation. As such, Brennan grappled with the best way to proceed while protecting the Victim given the restrictive parameters under which he was operating, and the complex nature of this situation in which the very high-ranking police official was, in fact, the alleged perpetrator. The rules, policies and regulations referred to by the Chief in his letter do not address a situation where the perpetrator of the abuse is a high-ranking official in the police force, as was the case when the Victim disclosed to Brennan.“

Finalizing her order, Kazarosian wrote “those decisions, made years ago, do not implicate the health, safety, or welfare of the public at the present time such that a suspension of his certification during the pendency of other proceedings is justified or merited.“

Brennan is expected to return to work as soon as Sunday, September 8.