Boston sues police union to avoid paying acquitted officers’ legal fees

The City of Boston is fighting in court to avoid paying nearly $300,000 in legal fees for police officers recently acquitted of running an overtime pay scam, court records show.

Former Boston police officers Timothy Torigian, Robert Twitchell, and two others were acquitted of criminal embezzlement charges in April of last year. Torigian and Twitchell, who were superior officers, were accused of filing overtime slips for hours they didn’t work. Their attorneys argued that they followed standard practices.

Nine Boston police officers pleaded guilty in the overtime scam, one was convicted, and one died before going to trial.

In June, an arbitrator determined that the City of Boston would be required to pay the legal fees for Torigian and Twitchell, per the Boston Police Superior Officers Federation’s collective bargaining agreement. 

According to the agreement, if an employee charged with a criminal offense “in the course of his work performance” is found not guilty, the City of Boston is required to reimburse the legal fees.

That includes $115,119 on behalf of Torigian, $64,780 for Twitchell, and an additional $100,000 for Torigian’s retainer, according to documents obtained through a public records request.

When the City denied their grievance filed in June of 2023, an arbitrator heard their case in March, according to the arbitrator’s decision. The arbitrator agreed with the union and ordered Boston to pay the fees.

“The City’s obligation to reimburse them upon acquittal is only about whether the charges were in the course of their work performance,” the arbitrator wrote. “The City, in deciding not to reimburse the grievants for their criminal defense, is inappropriately substituting its judgment for that of the jury.” 

Arbitrator agreed with union, so City goes to court

The City of Boston then sued the union in Suffolk Superior Court in July to ask the court to vacate the arbitrator’s award. The City claims that the grievance for reimbursement was filed too late, in part because Torigian and Twitchell both voluntarily left the department in 2020.

“The Grievants were not employees or bargaining unit members after their voluntary separation from employment with the Department and that the thirty-calendar day limit for filing grievances on their behalf expired thirty calendar days from the date they left the Department’s employment,” the city’s complaint said.

The union argues the 30 days began the day of their acquittal, according to the arbitrator’s decision obtained through a public records request. According to court documents, the union replied to the City’s lawsuit and called for the judge to confirm the $279,899 award. 

The Boston Police Superior Officers Federation did not return a request for comment.