Fairhaven police chief-elect suspended for misconduct involving alcohol in 2020

FAIRHAVEN — Police Sgt. Daniel Dorgan, who has been selected to succeed Chief Michael Myers, was suspended in 2020 for misconduct involving alcohol, according to a state database.

The Peace Officer Standardized Training Commission Disciplinary Records Database states that "misconduct allegations of alcohol or drug abuse and failure to respond to an incident according to established procedure-failure to supervise" against Dorgan had both been sustained.

The misconduct allegations are dated Sept. 16, 2020, according to the database entry.

A "sustained" finding means, "the investigation produced a preponderance of evidence to prove the allegation of an act that was determined to be misconduct," according to POST.

Dorgan said he was suspended for 10 days. He said that he was intoxicated on duty in February 2020. He wasn't driving a cruiser or carrying a firearm, he said.

Disciplinary action was held in abeyance, he said, because he entered an alcohol treatment program, specialized for first responders.

He was suspended in September 2020 after the policy violation of failure to respond to an incident according to established procedure-failure to supervise.

Dorgan said he couldn't get into the details of the policy violation, but he said the suspension covered both offenses. The first offense was no longer held in abeyance after the second.

Dorgan started with the Fairhaven Police Dept. as a part-time officer in 2005, became a full-time dispatcher in 2007, a full-time officer in 2010, and was promoted to sergeant in 2014.

Committed to living a sober life

Since entering the treatment program in 2020, Dorgan said he's been committed to living a sober life.

He has continued to be active in community outreach, helping people who are struggling with their own substance abuse or that of a family member to seek treatment.

That includes first responders, he said.

"I want to make sure that everyone in the first-responder world knows that there is help available," Dorgan said.

"They may think that if they search for help, their career — their life — may be over. I've committed myself to try to show people that getting yourself better is the main priority," he said.

Dorgan added, "I want them to see there's light at the end of the tunnel."

He said living a sober lifestyle and the help he received four years ago had made him "a better husband, father, friend, son, brother, and police officer."

Dorgan said his sobriety journey and recovery are very personal to him but he wouldn't hide hide his past or run from it.

That would be a disservice to the people who helped him to get sober and live the life that he does today, he said.

"Everyday I just try to be better than the day before and pay back the help that was given to me," Dorgan said.

Town Administrator Angie Lopes Ellison stands by selection

Town Administrator Angie Lopes Ellison announced she was selecting Dorgan to become Fairhaven's next police chief at the Sept. 18 selectmen's meeting.

She considered the candidates' "extensive interviews and some of the testing they've done to name the police chief who will be Chief Myers successor upon his retirement in a year," Lopes said during the meeting.

She said one of the things that impressed her about Dorgan "is his calm demeanor."

Lopes added, "He's able to take a lot of situations and circumstances and not react and sort of process it and understand it. And I think it's a quality that will fare well in this position."

Lopes said Dorgan wouldn't be officially appointed until Myers retires next year.

Dorgan said at the meeting, "I just thank you for the opportunity. The magnitude of the appointment is not lost on me. I realize the great responsibility that I'm stepping into. I just hope to make the department proud, the town proud and my family proud."

He added that he was "going to learn everything I can" from Chief Myers before he retires.

Lopes said in a subsequent interview she was aware of Dorgan's record. "I was aware of all five candidates' records. I did my due diligence in finding out what their records were."

Can the Fairhaven Town Administrator select a police chief successor?

Lopes said she has the authority to select Myers' successor.

"The select board approves the appointment but the town administrator's special act gives me the authority to select," she said.

She said the town is no longer under Civil Service for police and fire as of a May 2023 town meeting vote.

There were initially six viable candidates, she said. One withdrew, leaving five for her consideration.

"The decision was a difficult one to make as all the candidates had areas of strength which would serve our community well, and had areas of opportunities for growth and development. Sgt. Dorgan's selection was based on his experience, education, vision and plan to move the town to a new approach to policing and community engagement."

She added, "He made a mistake and it was corrected."

Dorgan meets necessary requirements for POST certification

Chief Myers responded by email to a request for comment that the appointment "is a personnel matter and I would have to refer you to the town administrator and Human Resource offices."

Dorgan is listed as currently certified by POST through July 1, 2025.

That means he has met the necessary requirements for certification.

A person cannot be hired or employed as a law enforcement officer in Massachusetts without POST certification.

POST was created as part of criminal justice reform in 2020, and officers are required to be recertified every three years. Officers who were active on July 1, 2021 were certified (grandfathered) by statute, according to the POST website.

POST standardizes a process for mandatory certification, discipline, and training for law enforcement officers.

Police departments are required to submit information to renew the certification of officers.Certification requirements include that the candidate be of "good moral character and fit for employment in law enforcement, as determined by the Commission."

The New Bedford Standard-Times made a public records request for any reports regarding the incidents for which Dorgan was suspended, and the town provided the letter informing him of the 10-day, unpaid suspension.

In the letter, dated Sept. 17, 2020, Chief Myers stated,

"On March 3, 2020, you reported to work to be interviewed for an internal administrative matter regarding possible discipline. You drove a motor vehicle to the interview. Upon your arrival, you had a strong odor of alcohol emanating from your body and appeared to be impaired. You voluntarily submitted to a breathalyzer test at that time. As you know, you tested over the legal limit, 0.08. Following this incident, the Town provided you a letter stating that if you engaged in further misconduct you may be disciplined for this previous incident on top of what was being considered for the new misconduct.

"On July 1, 2020, you failed to properly complete an incident report for an arrest in violation of the Department's Rules and Regulations. You also failed to properly investigate the allegations related to the same incident. Further, on July 2, 2020, you allowed a subordinate patrol officer to use a private citizen's boat to attempt the rescue of a stranded dog, which the Department deemed unprofessional and a demonstration of poor judgment. Both of these more recent incidents constitute violations of the Department Rules and Regulations."

(This story was updated to include the disciplinary letter issued by the town.)

This article originally appeared on Standard-Times: Fairhaven's next police chief suspended in 2020 for misconduct