# FBI Joins Brockton PD Probe



## j809 (Jul 5, 2002)

*FBI joins Lincoln probe*

_By Maureen Boyle, Enterprise staff writer_
The FBI has joined the probe into a retired Brockton police lieutenant who state officials say called in sick as a cop to work a second job at the Plymouth sheriff's department.

The FBI subpoenaed personnel records of Charles Lincoln, including disciplinary and sick time records, from Brockton police, the Plymouth County sheriff's department and the city treasurer's office, sources said.

The subpoenas sought "any and all" records pertaining to Lincoln's employment, with some of the information from the police department dating to 1972.

The records sought from the treasurer's office involved money paid to Lincoln and similar information, sources said.

A spokesman for the FBI, Gail Marcinkiewicz, said she could neither confirm nor deny whether the agency is conducting an investigation. That is standard procedure in all FBI cases.

The subpoenas follow a scathing report by the state inspector general's office alleging Lincoln abused sick time to work two different government jobs in "one of the most significant abuses" of taxpayer dollars in the history of the state.

Attempts to reach Lincoln at his home were unsuccessful. His attorney, Nicholas Poser of Boston, declined comment. "No comment, thank you," he said Wednesday.

The city's attorney, James D'Ambrose, declined to discuss any pending investigation. "If the city were to receive any request from any department, the city would comply," he said.
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Lincoln, of Middleboro, worked as a Brockton police lieutenant by night and director of security for the Plymouth county sheriff's office by day under then-sheriff Joseph McDonough to earn what is now a $140,000 yearly pension.

The city of Brockton and the Plymouth County sheriff's office have filed lawsuits to recoup money paid to Lincoln for sick time.

The Plymouth County retirement board is also now looking at whether Lincoln's pension should be cut amid allegations of sick-time fraud.

The Plymouth County Retirement Association was ordered by the state to review the payout and will talk about that at its Oct. 31 meeting. It will take up the issue again Nov. 28.

William Farmer, executive director of the association, said he's already asked agencies that investigated Lincoln's pension how much money they spent in the probes in case the retired officer is required to pay back that money.

Those agencies include the Plymouth County sheriff's office, the state inspector general, Plymouth County district attorney's office, the city of Brockton, the Brockton Retirement Board and the Public County Retirement Association.

That is the first step in what could be a long, legal process to reduce the largest pension in Plymouth County history.

Lincoln worked the two jobs for three years. The state inspector general found he worked at the jail 148 of the 222 days he called in sick to his police job.

If the Plymouth board doesn't cut Lincoln's nearly $140,000 yearly pension, the state could still step in to do it.

"Our position would be that it is a misappropriation of public funds," said Joseph E. Connarton, executive director of the Public Employees Retirement Administration Commission.

Connarton said, depending on what action the Plymouth County board takes, he would meet with the commission's attorney and then the state attorney general's office to find other ways to cut the pension and recoup money.

"We have reason to believe the benefit may be incorrect," Connarton said.

Former sheriff McDonough, who hired Lincoln and sits on the Plymouth County retirement board, has recused himself in the past when the retirement issue has arisen and is expected to do the same when it comes up again, Farmer said.

John Birtwell, spokesman for Plymouth County Sheriff Joseph McDonald, who ousted McDonough in the last election, said officials have already begun putting together cost figures. "We will be thrilled to comply with the request," Birtwell said.

When Lincoln left the Brockton Police Department on Jan. 15, 2004, he had used up all of his sick days. He officially transferred into the Plymouth County retirement system, then retired on Jan. 23, 2004 from his sheriff's department job.

The inspector general's report noted that when a police supervisor transfers into a separate retirement system, as Lincoln did, the person is not eligible to receive a sick-leave payout. Under the union contract, the person must retire from the force to receive the buyout.

By working both jobs for the last three years of his career, Lincoln was able to boost his combined salary for retirement purposes. Working two government jobs and combining the wages for retirement purposes is legal.

McDonough was later defeated in 2004 in his re-election bid.

Maureen Boyle can be reached at [email protected].


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