A Pittsfield Police officer has filed a suit in federal court alleging retaliation against him after he raised concerns about hiring practices and other department policies. The suit, filed by Sgt. Mark Lenihan, names the City of Pittsfield, Mayor Dan Bianchi, Pittsfield Police Chief Michael Wynn and Capt. David Granger as defendants. Lenihan claims he was passed over for promotions to lieutenant three times after he raised concerns about the department’s hiring process and other actions by Granger.
In the complaint filed in April, Lenihan says the sergeant who was promoted over him was picked by Granger to vet potential candidates for department positions and was given access to training which aided in his promotion. Lenihan says he asked for the training, but was denied. Lenihan says he also scored the highest on the lieutenant’s exam, three points above Michael Maddalena’s believed score of 76. In August 2014, Lenihan says he was told Maddalena would be the one promoted.
The complaint argues Lenihan was passed over because he had been vocal about negative morale in the department, for which he said Capt. Granger was primarily responsible. Michael Wynn is Pittsfield’s police chief.
“How you have heard of other complaints, not from Sgt. Lenihan, about a morale problem in the department?”
“I have not,” answered Chief Wynn.”
Lenihan complained that Granger took an active role in the department’s hiring process even though his son and Mayor Bianchi’s son were on the state’s civil service list. He also says Maddalena was given the training opportunities in exchange for favorable investigations of the two men. In response to a recent Berkshire Eagle article about the suit, the city of Pittsfield released a statement Tuesday denying Lenihan’s allegations, vowing to vigorously defend their actions as well as the department’s hiring and promotion practices. The statement was authorized by Mayor Bianchi and written by Chief Wynn.
“The two young men in question, Matthew Bianchi and David Granger Jr., were never candidates for employment with the Pittsfield Police Department,” said Wynn.
Lenihan says he told Mayor Bianchi that Capt. Granger’s ability to handpick members of an anti-crime and anti-gang unit led to overtime and training opportunities based on preferential treatment, which created animosity among officers and an economic dependence on Granger. Lenihan told the mayor Granger’s actions were illegal. Lenihan questioned why Granger’s son was classified as a veteran on the civil service list even though he had no military service. The city says that was an error on the part of the Civil Service Unit since the father and son share the same name. Capt. Granger is a veteran. Chief Wynn says Capt. Granger acted once he realized the mistake.
“He notified the personnel office and the civil service unit,” Wynn explained. “They acknowledged that it was an inadvertent merger error and they corrected it.”
The Berkshire Eagle reports Mayor Bianchi cited a lack of specialized training and three suspensions over Lenihan’s 28-year career as part of the reason why he was passed over. Lenihan says he was passed over two more times since August 2014. The complaint claims Lenihan has suffered loss of income, professional opportunities and community standing as well as emotional and mental distress because of the defendant’s actions. Wynn says Lenihan remains an active officer. A message to Lenihan’s attorney was not returned. A status hearing is scheduled for Feb. 10.
