BUCKLAND — Selectboard members on Tuesday addressed the public criticism received in regards to their handling of sexual assault allegations made against James Hicks, who until Oct. 18 was an auxiliary police officer for five weeks following at least 30 years as department chief.
Before he and Chair Zachary Turner proposed language to add to the town’s personnel policy, member Barry Del Castilho read a prepared statement about the public comments at the previous Selectboard meeting. Residents tuned in to a virtual Oct. 26 meeting to express outrage over a lack of disclosure and proper protocols after Hicks remained on the job with no constraints after pleading not guilty in Northampton District Court on Aug. 26, 2019, to one count of indecent assault and battery on a person 14 or over.
“What was done can’t be undone, and what was not done can’t be done,” Del Castilho read. “Simply, directly, briefly, with respect to the public comments that were made at the last Selectboard meeting and have been made in other ways, I get it. I very much get it.”
He then suggested new language for the personnel policy, to the effect that a public employee be immediately placed on administrative leave when probable cause of a serious crime has been found.
Turner read language he said was recently approved by town counsel. Town employees would go on administrative leave for on-duty misconduct that includes, but is not limited to, theft, gross insubordination, threat of violent action, destruction of town property, and reporting to work under the influence of alcohol or drugs. The same rule would apply for off-duty misconduct.
“Any employee arrested and charged with a criminal offense while off duty would immediately be placed on administrative leave until it is determined the employee is fit for duty and does not pose a danger to the public,” he read, adding that the town would conduct its own investigation into the allegations.
It was decided to further discuss these suggestions, and likely vote on them, at the Dec. 14 meeting. Board member Clint Phillips asked that it be withheld from the agenda for Nov. 23, as he will not be at that meeting.
Teri Rutherford, of Shelburne Falls, was the first to speak at the Oct. 26 Selectboard meeting, mentioning she is a sexual assault survivor.
“(Hicks) was able to remain an active-duty police chief until last month,” Rutherford said. “The few times Hicks was discussed during public meetings was to decide on his successor as chief of police, one that Hicks personally suggested, and then to agree to rehiring Hicks to the department following his retirement.”
She also referenced the case of Jacob R. Wrisley, a part-time officer for the Buckland and Bernardston Police departments, who has been charged with four counts of possession of child pornography. He pleaded not guilty and was suspended from the departments. Rutherford said Wrisley’s case was never discussed at a public meeting.
Carmela Lanza-Weil expressed disappointment that accusers are seldom believed.
“Men are excused and the powers that be, in this case the Selectboard, either make excuses or hide the complaint or just go on as if nothing happened. It is not OK anymore,” she said, adding that she was shocked to learn Hicks was not suspended or removed when the charges were filed.
Hicks, 55, also pleaded not guilty on Oct. 29 in Greenfield District Court to three additional counts of indecent assault and battery on a person 14 or over. He was released on personal recognizance, as he was from Northampton District Court in 2019, and is due back in Greenfield for a pretrial hearing on Jan. 4.
Reach Domenic Poli at: dpoli@recorder.com or 413-772-0261, ext. 262.