Selectmen seek proof before reinstating officer

EAST LONGMEADOW - The Board of Selectmen will decide if a police officer who lost a foot following a car wreck can have his job back after he takes an agility test in front of them.

The selectmen voted 2-1 on Wednesday to require the test.

"This is unfair," said officer Fred A. Bailey. "Everyone else in town can come back to work with a doctor's note, but they are giving me a hard time." Bailey was fitted with a prosthetic following the accident, which occurred when the officer hit a tree in January in Wilbraham, police said.

Chairman Enrico J. Villamaino said months ago Bailey had agreed to the test, which he said is essential to determine if he can perform the duties of a fulltime police officer.

Selectman Joseph E. Townshend, who voted against requiring the test, said the positive notes from Bailey's physical therapist and doctors should be taken as proof that he can work.

"We have always required just a doctor's note to send someone back to work. Why are we putting him through this? We even received a letter from the state Human Resources department saying that he is not required to take the test," Townshend said.

Townshend is referring to correspondence from John Marra, general counsel for the Human Resources division of the state, who said the "... division only requires the Police Officer Physical Abilities Test of initial-hire candidates and certain disability retirees who are returning to service after a period of more than five years."

Marra said that Bailey does not fall into this category and will not be required by the state to take the test.

"We never said the state required it," Villamaino said, "we said that we require the test so that we can maintain the safety of the police officers who work with him and the safety of those in the town he serves. He has to be able to perform the rigorous duties of a police officer."

Selectman James D. Driscoll said the problem is that the town's police staff is too small to have multiple administrative positions.

"We have an on-call desk, which is rotated between officers," he said. "One day you can be at the desk and the next you are out in a police car. He needs to be able to perform those functions."

Bailey has agreed to take the test in the presence of a licensed physical therapist, the Board of Selectmen and the police chief. The board will interpret the results of Bailey's test.

Thomas Murphy a senior attorney with the Disability Law Center Inc. based in Boston, said a patient's medical history and certification from a licensed doctor should be enough to allow them to return to work.

"It is OK for (the board) to ask for a second opinion from doctor they pay for," Murphy said. "The law says a person can be investigated if they potentially pose a direct threat to themselves or others, but they base that on objective information not subjective. For (the board) to be physically be present when this examination is conducted is crossing the line."

The board voted to extend Bailey's sick leave until Nov. 23, by which time they expect him to take the test.

Townshend objected, saying, "I don't want to jeopardize the safety of other police officers or people in the town, but if his licensed doctors have said he is ready to come back then he should come back. It's about treating people fairly."