UPDATED 4:40 p.m.: Newton Police Chief Terminated

Updated 4:40 p.m. with comments form Mayor Warren

After a six-hour hearing yesterday in Newton City Hall, Mayor Setti Warren has decided to officially fire Police Chief Matthew Cummings.

In a letter sent early Thursday afternoon, Warren stated the following:

Pursuant to paragraph 5 of your current Chief of Police's contract and after a hearing and findings of fact by Hearing Officer Robert P. Rooney, you are hereby terminated as Chief of Police for the City of Newton.

A 32-year veteran of the department, Cummings was placed on administrative leave in late August after an investigation concluded there was "sufficient" evidence that he verbally humiliated his secretary and kicked her in the foot.

The secretary, Jeanne Sweeney Mooney, testified yesterday during the hearing, saying that in separate incidents Cummings called her a "bitch" and told her she "looked like a whore" in 2010. She also claimed Cummings kicked her foot in 2010, causing a scrape on her heel and breaking the shoe she was wearing. 

In a brief conversation with Newton Patch this afternoon, Mayor Warren said he examined the facts of the investigation thoroughly before coming to his decision today.

"I concluded that my action was in the best interest of the city and in the best interest of the department," Warren said.

"I am really proud of the men and women who serve in uniform in this city. They serve us well and I look forward to the continued success of the police department," Warren continued.

Warren said the city will get started "right away" on the process of finding a new chief, a procedure that is dictated by state statute. Part of that law requires the formation of a search committee.

During yesterday's hearing, Cummings' attorney Timothy Burke argued that no other witness who testified could back up Mooney's allegations that Cummings called her a "bitch" or "whore." Burke also argued that Mooney's allegations have a "clear-cut, improper motive" of retaliation against theft charges that the Newton Police have brought against her.

Mooney is currently facing charges on allegations from the Newton Police that she stole $660 from the department as well as destroyed $1,500 in checks and a schedule of the fee payments. The former secretary was placed on administrative leave in September 2011 and has filed a complaint with the city demanding $600,000 in damages.

Mooney was arraigned on the larceny charges last month and her next court date is Oct. 29 for a pretrial conference. 

Since the investigation into Cummings and the release of the full report, the city has launched another investigation into the department. Attorney Robert Sinsheimer, who represented the city, argued yesterday that while Cummings' alleged actions might not have been malicious in nature, they were "unbecoming of a police chief." Trying to kick Mooney's foot, which Cummings admits to in the city's investigation, was "un-consented contact" with an employee and calls for termination under Cummings' contract, Sinsheimer added.

Posted earlier:

Mayor Setti Warren's office says this letter was sent out today to Chief Cummings:

Dear Chief Cummings:

Pursuant to paragraph 5 of your current Chief of Police's contract and after a hearing and findings of fact by Hearing Officer Robert P. Rooney, you are hereby terminated as Chief of Police for the City of Newton.

Sincerely,

Setti D. Warren

Mayor

Cummings was let go after a lengthy hearing yesterday.

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