KINGSTON - The Massachusetts Commission Against Discrimination has dismissed a complaint filed against Kingston’s police department by a fired cop.
Kingston selectmen fired police officer Robert Santos in November 2006 on the recommendation of an independent hearing officer who upheld nine of 10 disciplinary charges against him. The hearing officer determined that Santos left town during an overnight shift last August, used an unmarked police cruiser without permission and failed to stay in radio contact. Santos, who was the shift supervisor the night he left town, was not available to respond to a resident’s call, the hearing officer found.
Santos, who was a police officer in Kingston for 17 years, complained to the state agency that his civil rights had been violated because of his race, his national origin and because he was a member of a union. He also said that Police Chief Joseph Rebello and the department had created a ‘‘hostile work environment.’’
An MCAD investigator said that Santos did not have a case against the department or Rebello. Santos has 10 days to appeal the decision.
In a separate action, Town Administrator Kevin Donovan said Santos appealed his termination and the case is being heard by an arbitrator. He said the MCAD’s decision could factor into the arbitrator’s ruling.
‘‘It will be up to the arbitrator to make a ruling on whether we terminated him properly or not. We’re hoping to get a decision in the next few months,’’ Donovan said.
The town has not filled Santos’ job in the police department because officials were waiting for the appeal to be heard. Donovan said as soon as the ruling comes in, they will be free to hire an officer.
Rebello said he is happy with the outcome of the MCAD case, and that Santos was fired strictly because of his actions and not because of any discrimination.
Rebello said he brought Santos’ discipline issues before the independent hearing officer, and that the board of selectmen made the decision to fire him.
‘‘To allege that this was all my doing is certainly a stretch. I feel the arbitrator will rule in the town’s favor,’’ he said.
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