REPORT OF

THE WEBBER-GOODWIN INVESTIGATION TASK GROUP

TO

THE PORTSMOUTH POLICE COMMISSION

JUNE 1, 2015

Hon. Stephen H. Roberts, (Ret.), Chairman Kathryn R. Lynch, D.N. Sc., R.N. Chief William D. Baker (Ret.)

EXECUTIVE SUMMARY

Findings:

After a time-consuming investigation that involved a review of thousands of pages of

documents, and interviews with 58 witnesses, the Webber-Goodwin Investigation Task Group

has concluded that Sgt. Goodwin's conduct in fostering a relationship with Mrs. Webber and not

repudiating the Webber bequest violated certain provisions of the Portsmouth Code of Ethics and

the Police Department Duty Manual. The command staff at the time failed to recognize the

ramifications of the bequest and the relationship between Mrs. Webber and Sgt. Goodwin and

failed to take appropriate action. The Police Commission was not timely notified of the

existence of the bequest or the relationship, but when it did become aware of the conduct of Sgt.

Goodwin and the Webber bequest, it also did not take appropriate action.

Recommendations:

Training and ensuring familiarity with the applicable ethical obligations by all members

of the Portsmouth Police Department must be a high priority for the City.

Internal Affairs procedures need to be reviewed, revised as needed, and scrupulously

followed.

The Duty Manual should be updated and clarified.

Performance evaluations should be instituted at all levels.

The Department should consider obtaining accreditation from a recognized national

accreditation organization such at the Commission on Accreditation for Law

Enforcement Agencies.

INTRODUCTION

On September 22, 2014 the Portsmouth Police Commission charged the Webber-

Goodwin Investigation Task Group [WGITG] with conducting a fact-finding investigation to

answer questions surrounding the nature of the on-duty and off-duty relationship between Sgt.

Aaron Goodwin and Mrs. Geraldine Webber. The WGITG was requested to determine whether

or not Sgt. Goodwin violated any Portsmouth Police Department [PPD] polices with regard to

this relationship, and the level of PPD supervision of Sgt. Goodwin with regard to this

relationship. As part of this investigation the task group was to establish a timeline of relevant

facts and to pursue any facts or evidence beyond the original questions that stemmed from the

investigation, as well as make recommendations. A copy of the September 22, 2014 letter from

the Police Commission is attached as Exhibit A.

The WGITG, comprised of three appointed volunteers, began its investigation in late

September 2014. The curriculum vitae for the members of the WGITG are attached as Exhibit

B. At its initial meeting the need to secure the services of an investigator was identified. A

request for proposals was generated, three proposals were received and reviewed, and The

Tideview Group, with former police chief Michael Pardue as investigator, was hired to provide

investigatory services in mid-October. The task group wishes to extend its sincere gratitude to

Chief Pardue for his exemplary efforts in this matter.

It must be emphasized that the WGITG is not providing any findings or opinions as to the

matters pending before the probate court. The issues of testamentary capacity, undue influence,

or any other factors that relate to the validity of Geraldine Webber's 2012 bequests are not within

the scope of the investigation of the task group. Those issues are vigorously contested and were

fully litigated by the relevant parties before the Honorable Gary Cassavechia. The task group

expressly limited its focus and the findings below to those issues outside the jurisdiction of the

probate court.

The task group recognized the need to reach out to the community-at-large to provide an

avenue for anyone with information related to the questions posed by the Police Commission.

Two email accounts designed to encourage public input were originally established. The City of

Portsmouth opened an email account [publicinput@cityofportsmouth.com] and Judge Roberts

opened a task group email account [webbergoodwininvestigation@gmail.com]. Emails from the

city account were transferred to the task group account, which was then monitored on a regular

basis. Emails received were shared with all task group members, and where appropriate, with

the investigator. Eleven different persons emailed the task group between September and

December 2014; since that time no additional informational emails have been received.

The task group generated an initial list of documents needed to begin the investigation.

These documents included the PPD Rules, Regulations and Duty Manual [Duty Manual] and

Standard Operating Procedures [SOP] of the PPD, the curriculum of the NH Police Academy at

the time of Sgt. Goodwin's training, and pertinent sections of the City of Portsmouth charter and

ordinances. Additionally we requested all PPD memos, emails, dispatch reports, police reports,

call logs, cell phone records, and any other documents generated that referenced Geraldine

Webber in any way, with specific reference to Sgt. Goodwin's activities involving Ms. Webber.

The task group was provided with a copy of a PPD Organizational Review prepared by the

Public Safety Strategies Group on November 16, 2011. The task group is satisfied that the PPD,

in particular Chief Dubois, complied in a timely and full fashion with all requests for documents;

the department has been extremely cooperative.

The task group requested of the city attorney copies of all depositions and deposition

exhibits generated by the probate court case in the matter of Geraldine Webber. All depositions,

with accompanying exhibits, were reviewed by the task group. The task group also requested

copies of all State of New Hampshire Bureau of Elderly Affairs [BEAS] reports and

FBUAttorney General investigations that centered on Geraldine Webber, complaints filed by

Geraldine Webber, complaints filed with concern for Geraldine Webber, or complaints filed

against Aaron Goodwin with regard to Geraldine Webber. Copies of all reports were received

and reviewed by the task group. In addition the task group received an unedited copy of the

videotape of Geraldine Webber's trust and estate signing and an audiotape copy of the interview

of Geraldine Webber by Joe Byron and Tracy Culberson at the Pease office of the BEAS. A

transcript of this interview was provided at a later time.

The task group requested copies of pertinent medical records between 2010 and

December 2012 for Geraldine Webber. Complete records for the outlined time frame were

received from her primary care provider, Amedysis home services [nursing, PT, OT, and social

work], and Clipper Harbor Healthcare. The task group reviewed all records. Amedysis home

services provided in-home care on average 2-3 times a week from October 16, 2011 to

November 5, 2012. Services were permanently discontinued on November 6, 2012 following

Geraldine Webber's admission to the hospital for a fall. She was discharged from the hospital to

Clipper Harbor Healthcare on November 13, 2012. She was discharged home with hospice care

on December 7, 2012 and died on December 11, 2012.

The task group also received several documents collected by interested parties, including

statements of neighbors, close friends and the ex-daughter-in-law of Geraldine Webber. We

reviewed an analysis of the estate planning document signing, statutes pertaining to elder abuse,

and related reference materials.

The task group reviewed the 2008, 2009 revisions, and 2012 estate planning documents

of Geraldine Webber. We received copies of the Petitioner's witness list, fiduciary's expert

report, and exhibits planned for introduction in the probate case that denote observations of the

Webber house. The calendar kept by Geraldine Webber with notations with regard to Sgt.

Goodwin was received as part of these materials. The calendar entries cover the time frame from

1/3/2011 to 11/4/2012.

As a result of documents reviewed and emails/letters received by the task group a list of

persons to be interviewed was generated. These interviews were conducted beginning in late

October 2014 and concluded in late May 2015. A total of 58 individuals were interviewed (some

multiple times), and well over ten thousand pages of documents were reviewed. The task group

is confident that all persons wishing to present infoimation had an opportunity to do so. Many

provided infoimation on a confidential basis. Either Chief Pardue or the members of the

WGITG interviewed all persons who expressed a desire to speak with us. All pertinent

documents provided have been fully reviewed. The task group has spent countless hours

comparing and evaluating the information provided to us by the many individuals we

interviewed as well as the deposition testimony and documents. Those familiar with the

investigative process will not be surprised to learn that much of the information provided was

contradictory and often conflicted in several key areas. None of the individuals were under oath,

nor did the WGITG subpoena anyone; that authority was not present. Rather, the task group has

given due consideration to all of the infolluation that was presented to us. We have applied the

applicable rules and regulations that govern the conduct of members of the Portsmouth Police

Department to the facts, and submit the following findings.

BACKGROUND

An understanding of the task group's findings and recommendations requires an

appreciation of the timeline associated with Sgt. Goodwin's relationship with Geraldine Webber.

An outline of certain salient events is attached as Exhibit C.

Sifting through all of the evidence and interviews, we conclude that Sgt. Goodwin first

met Webber on October 20, 2010 as part of an investigation into a possible home invasion. Mrs.

Webber apparently developed an immediate fondness for Goodwin, and Goodwin was initially

concerned that she was a vulnerable person in light of her stated concerns with her attorney.

We believe that Sgt. Goodwin checked on Mrs. Webber both on duty and off duty

between October 20, 2010 and January 4, 2011; we have no facts to suggest those visits were at

that time either excessive or nefarious in design. Some witnesses asserted that Sgt. Goodwin

made "hundreds" of visits to Mrs. Webber's home, often in a marked cruiser. We were unable to

find any objective, empirical support for those assertions.

The relationship between Sgt. Goodwin and Mrs. Webber developed quickly over the

October-December 2010 period and included multiple telephone calls and visits. On Christmas

Eve 2010, Mrs. Webber informed Sgt. Goodwin that she wished to bequeath her home to him.

Prior to this time, Mrs. Webber had given Sgt. Goodwin a toy car and stuffed animals of nominal

value, for his children. That gift was timely reported to his superiors, as discussed later in this

report. The stated intention of Mrs. Webber to leave her home to Sgt. Goodwin was understood

by him to require consultation with his superiors. Sgt. Goodwin met with Chief David Ferland

on January 4, 2011 to discuss this issue; it is noted that Chief Ferland acknowledges the meeting,

but disputes the subject matter of the meeting.

At that meeting, Sgt. Goodwin asserts that he discussed the proposed bequest with Chief

Ferland; Chief Ferland steadfastly denies that Sgt. Goodwin discussed the Webber bequest. Sgt.

Goodwin was permitted to maintain an off-duty friendship with Mrs. Webber while her police

needs were to be handled by Capt. Michael Schwartz. We find that it is inconsistent with

modern police practices that Mrs. Webber would be directed to contact Capt. Schwartz and that

he would be directed to respond as her "police officer" for any needs she had regarding police

services. Webber's needs for police service should have been handled through dispatch and on

duty patrol resources, not through direct personal contact with a police captain.

While there is lack of agreement on the nature of the infoimation disclosed in this

meeting with the Chief, we find that Mrs. Webber's intent to leave Sgt. Goodwin the house [with

additional bequests added at later times] was generally known in the PPD by February, 2011 and

specifically known by members of the command staff, including Capt. MacDonald, Capt.

Schwartz and then-Deputy Chief Dubois. At its February, 2011 meeting the Police Commission

was briefed on a citizen complaint regarding Sgt. Goodwin that lead to the first of two Internal

Affairs [IA] investigations; it cannot be determined if infoimation related to Mrs. Webber's

intended bequests was shared with the Commissioners at that non-public meeting. It is

unfortunate that there was a failure to act by the command staff at this time to prevent the series

of events that lead to the need for this investigation.

Subsequent to the January, 2011 meeting between Sgt. Goodwin and Chief Ferland, it

appears that all of Sgt. Goodwin's contact with Geraldine Webber took place while he was off-

duty. Sgt. Goodwin acknowledges that he visited Mrs. Webber very frequently, both before and

after his normal work hours, and on weekends. Trips together were taken. He was deeply

involved in the management of her affairs, as reflected in the timeline of relevant events. The

findings presented below are based upon the initial on-duty contacts with Mrs. Webber that

inexorably led to the close relationship between the two that continued until her death on

December 11, 2012.

FINDINGS

1. Whether or not Aaron Goodwin violated any policies or procedures of the

Portsmouth Police Department with regard to this matter.

We find that the offer of the Webber home by Mrs. Webber to Goodwin on December 24,

2010 should have been considered something of value under Portsmouth Police Duty Manual

Section 50.01A. That provision reads as follows:

50.01 Acceptance or Solicitation of Gifts, Rewards, and Other Gratuities:

A. Gifts, loans or fees from the public:

Employees shall not accept for either personal use or department

use, either directly or indirectly, any gift, gratuity, service, object,

loan, fee, or any other thing of value, arising from or offered

because of police employment or any activity arising from or

connected with said employment. They shall not accept any gift,

gratuity, loan, fee or any other thing of value, the acceptance of

which might tend to influence directly or indirectly the actions of

said employees or any other employee in any matter of police

business; or which may tend to cast an adverse reflection on the

department or any other employee thereof. Persons or

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organizations offering anything of value for department use will be

referred to the Office of the Chief of Police. (Emphasis added)

In our opinion, after learning of Webber's expressed intent, Sgt. Goodwin should have

unequivocally and continually refused even the possibility of the bequest. His immediate

supervisor should have been notified of Mrs. Webber's stated intent, and his chain of command

should have advised him of the applicability of Section 50.01 A., and the risk of violating this

policy. We understand that Sgt. Goodwin did not receive the gift at that time; the gift would not

become tangible unless the will was revised and would not be received until the death of

Geraldine Webber. We also understand from Sgt. Goodwin that he has made no determination

regarding the bequest should he prevail in probate court. In spite of this we believe it was his

obligation to disclaim the intended bequest immediately, and certainly no later than the time of

her death to avoid even the appearance of violating departmental policies. The prohibitions in

the provision cited above are quite broad, with the intent to prevent conduct that may "...cast an

adverse reflection on the department." The command staff at the time should have immediately

recognized that the intended Webber bequest would violate the policy. Sgt. Goodwin asserts that

the acquiescence by the then Chief to the Webber intention was sufficient to avoid any violation,

and so long as he no longer had any official duty contact with her, no violation of the policy took

place. We disagree; he had an independent obligation to follow the Duty Manual proscriptions,

and failed to do so.

Regardless of command decisions permitting an off-duty friendship, Section 52.27 and

52.30 of the Duty Manual prohibit conduct or actions that affect the functioning and morale of

the PPD. Those Sections read as follows:

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PUNISHABLE OFFENSES

52.27 Conduct, whether on or off duty, tending to cause disrespect or disrepute

on the department.

52.30 Any other act or omission contrary to good order and discipline.

With the benefit of hindsight, we find that by failing to refuse any bequest while

maintaining a predominantly off-duty friendship with Mrs. Webber, Sgt. Goodwin has,

intentionally or not, and unfortunately with the knowledge of the command staff, also violated

the cited provisions. Sgt. Goodwin's initial contact with Mrs. Webber occurred in the course of

his detective duties and were it not for an investigation that led him to contact Mrs. Webber we

believe it highly unlikely he would have developed a friendship with her. As such his contact

arose out of the performance of his official duties and he was bound to comply with all the

provisions of Chapter 50 of the Duty Manual. It bears repeating that the command staff should

have recognized the potential for the conduct of Sgt. Goodwin to reflect adversely on the

department as soon as the potential bequest was brought to their attention. At a minimum, upon

the death of Mrs. Webber, Sgt. Goodwin should have been instructed to either formally disclaim

the bequest or resign from the department. The events over the past 2% years clearly

demonstrate the adverse ramifications of not taking such action. A copy of Sections 50 and 52 of

the Duty Manual are attached as Exhibit D.

We further find that Sgt. Goodwin violated Portsmouth City Ordinance 1.802 Sections A,

F, and I. by engaging in a transaction involving a financial and private interest that was in

conflict with his official duties; by accepting a gift or promise of something valued at more than

S100.00 from a person with a direct interest in how the police handled her complaints; and by

rendering services for private interests which conflicted with his official duties. A copy of Art.

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VIII, the Portsmouth Code of Ethics, is attached as Exhibit E. While it may be a close point as to

whether these particular provisions are applicable, we believe the more prudent interpretation, to

maintain the highest ethical behavior, is that the relationship between Sgt. Goodwin and Mrs.

Webber is within the scope of Art. VIII. We note that there is a provision for an employee to

obtain an advisory opinion from the Board of Ethics. Had this procedure been followed, the

present controversy may have been avoided. We further find that the command staff of the PPD

and the Police Commission failed to recognize the application of the ethics ordinance to this

matter.

We are concerned that it appears that neither the Duty Manual nor the City Ordinances

were reviewed as part of the decision making process by any parties to this matter. The Police

Commission, Police Department command staff and all Police Department employees should

have a working knowledge of these documents. Had all individuals that played a role in this

matter been familiar with the applicable ethical obligations of members of the police department,

this controversy may have been avoided.

2. An investigation into the relationship between Aaron Goodwin and Geraldine

Webber on duty and off duty.

We conclude that Sgt. Goodwin's initial contact with Mrs. Webber occurred in

connection with a legitimate criminal investigation beginning on or about October 20, 2010. Sgt.

Goodwin properly documented the nature of this investigation and why/how he came to contact

Mrs. Webber. During the course of his interview with Mrs. Webber, she shared allegations

concerning her attorney; these allegations and his actions to assist her with these concerns

became the foundation of the friendship. No explanation was provided as to why these

complaints from Mrs. Webber did not lead to an official police investigation at that time.

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We conclude that the rapid transition of this relationship from professional to personal,

culminating in her stated intent to leave her home to Sgt. Goodwin, was a reflection of poor

command advice. We also understand that the conduct of Sgt. Goodwin was a byproduct of

Goodwin's sincere belief in community policing and his upbringing and family commitment to

vulnerable elderly people. Those traits are admirable. We found evidence that these traits

continue to manifest themselves today in other relationships he has with a local disabled veteran

and elderly Portsmouth residents, including former police officers. However, those relationships

cannot be allowed to lead to potential personal gain.

We also find that prior instances of a PPD officer's assisting elderly residents with

personal and financial matters may have influenced not only Sgt. Goodwin's but also the

command staffs decision making in this case. As a matter of record, Capt. Schwartz had

assisted an elderly citizen, at the request of her attorney, with her finances. Capt. Schwartz

became a co-signer on her checking account with the permission of the account owner. At the

time of her June, 2012 death Capt. Schwartz then became the owner of the residual amount in the

checking account. Capt. Schwartz acknowledged this residual and immediately donated the

proceeds so as not to enrich him or bring disrepute to the PPD. It is unclear whether the specific

nature of this relationship was known and approved by other members of the command staff, but

it appears that other members of the department were aware of certain aspects of the relationship.

We believe that modern professional police practices would allow an officer practicing

the community policing philosophy to follow up with a person like Mrs. Webber, but that follow

up should normally include strengthening ties to family and friends and helping identify and

connect with community resources and services. Modern community policing is not taking over

a citizen's personal, medical, and/or financial affairs, even if such conduct is undertaken while

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off-duty. The relationship began in the course of official business, and further involvement

while off-duty does not serve to eliminate the fact that but for official police business, the

relationship would not have occurred. If such off-duty contact does occur, it cannot be done with

any indication or expectation of any tangible rewards.

While believing this, we are sensitive to the nature of Mrs. Webber's personality. We

appreciate that it was very unlikely she was going to "strengthen" her family ties or readily

accept community resources and for us to suggest so would be at best highly speculative and at

worst disingenuous. We acknowledge that her personality lively as it was affected her

willingness to accept help from others. Furthermore she was quite clear regarding her desire to

remain in her home and her right to leave her estate to whomever she choose. Evidence suggests

she started and stopped friendships based on her opinion of others, including regularly altering

small bequests to friends based on whether she was pleased with them throughout her adult life.

All the infoimation we reviewed indicated she was not an "easy" person; she was variously

described as bawdy, strong willed, and a force-of-nature. There is no question she preferred the

company of men and that she had every intention of doing as she wanted. Sgt. Goodwin has

stated that he had never met anyone like Mrs. Webber.

It is unfortunate that Sgt. Goodwin was either unaware of or did not use community

resources to help her meet her needs. Many persons along the way could have intervened to help

him in this regard; it appears that most parties were comfortable that Sgt. Goodwin was attending

to her needs and one wonders if this reflected their relief in apparently having her needs met.

Mrs. Webber's medical records indicate that when Sgt. Goodwin became her contact person

there was no evidence of concern for this role; BEAS reports were investigated and closed as

unfounded. While neighbors expressed concern with Sgt. Goodwin's conduct, there is no

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evidence they befriended Mrs. Webber or materially assisted her with meeting her needs. In our

view Mrs. Webber transferred her dependence from her attorney, whom she now held in

disregard, to Sgt. Goodwin. Whether or to what extent Sgt. Goodwin fostered that relationship

for personal gain or not is unknown. Whatever his motivation, he should not have allowed the

relationship to continue, knowing of her planned bequest.

Once Mrs. Webber proposed gifting her house to Sgt. Goodwin in December, 2010, and

later on other considerable assets of her estate, we conclude that he was improperly advised by

his command staff and also made a poor individual choice. In our opinion, upon notice that he

was going to be a beneficiary, Sgt. Goodwin should have immediately and affirmatively rejected

any possible personal enrichment and communicated that in writing to Mrs. Webber and the

Portsmouth Police Department. If the bequest was still incorporated into her will and trust, Sgt.

Goodwin should have disclaimed any interest in the bequest, so there could be no question about

his motivation being self-enrichment. The command staff should have required this action; they

did not.

3. What level of supervision did Aaron Goodwin receive with regard to this matter.

We conclude that Goodwin was improperly supervised and advised by the former Chief

and that the command staff at the time (2011-2012) failed to recognize the risk of Duty Manual

or Code of Ethics violations and the community's outrage regarding this matter. Further, we

conclude that the original advice given to Goodwin by fornier Chief Ferland may have had a

chilling effect on the subsequent action or inaction by other members of the command staff It is

unlikely, in a hierarchical/paramilitary organization that a subordinate would question or

countermand the Chief's decision, even if there were private reservations. Once Sgt. Goodwin

was permitted by the former Chief to have an off-duty only relationship with Mrs. Webber, any

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Police Department oversight of his contact and conduct with her ceased except when citizen

complaints were made to the PPD or BEAS.

Sgt. Goodwin's report to his supervisor at the time, Sgt. Keaveny, upon receiving the

stuffed animals from Mrs. Webber for his children indicate that Sgt. Goodwin was aware of the

requirement to report gifts. Sgt. Keaveny properly counseled Goodwin while permitting him to

keep the gifts as they were deemed to have little financial value and did not reflect an

expectation of service. At the time, Sgt. Keaveny was the beginning of his chain of command,

and it appears to be the last time the chain was properly followed. We are not clear on why Sgt.

Goodwin did not report to Sgt. Keaveny as to Mrs. Webber's desire to bequest him her house.

Sgt. Goodwin appears to have by-passed formal notice of the bequest intention from Mrs.

Webber to his Sergeant, Lieutenant, Captain and Deputy Chief, and met directly with Chief

Ferland in January, 2011 on this question.

It is important to note that Sgt. Goodwin's relationship with Mrs. Webber did not become

widely known in the community until November, 2012, although it was well-known in the Police

Department prior to that time. This public knowledge coincided with the local paper's first

reports on Mrs. Webber's estate planning, which was two years after his initial contact with her.

Local media reported the challenge to the 2012 will and trust as asserted by Mrs. Webber's

former attorney. We have no explanation for why the PPD or the Police Commission did not

intervene during the 2011-2012 time frame to alert Sgt. Goodwin of a concern with policy

violations and/or to recognize the adverse reflection upon the department that occurred due to his

conduct. We understand that a complaint about Sgt. Goodwin's conduct was made to the Police

Department by Mrs. Webber's former attorney in early 2011. It appears that a perfunctory

investigation was performed, and the complaint was deemed unfounded. The IA that was

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reviewed did not reflect a thorough and independent investigation of the complaint. In our

zealous commitment to demanding full disclosure and transparency from the Police Department

we obtained and reviewed the IA documents related to this case that were in the possession of

the PD. We conducted an "in camera" review of all documents in the file and then returned

those documents to the Department. The IA documents are protected by statute and we believe

within the reach of judicial protection order in the probate case, but were a necessary part of our

review and very relevant to some of the conclusions we reached. Once the trust was completed

and the will was signed in May, 2012 it was understood that Sgt. Goodwin would receive a

sizable bequest. Upon her death in December, 2012, Sgt. Goodwin became the primary

beneficiary of a sizable estate, all arising from his initial on-duty contact. At this late point, there

was another opportunity for the command staff and the Police Commission to recognize that a

problem existed and action should have been taken. It appears that the existing culture at the

time was responsible for the failure to act.

CONCLUSION AND RECOMMENDATIONS

The department culture on ethical decision-making must be strengthened through

training and mentoring from the top down and the bottom up. Ethical decision-

making is not simply about avoiding quid pro quo through police contacts. S

Appearances of impropriety must be given more importance and weight throughout

the department and that tone must be firmly established by the department leadership.

There needs to be a full resource investment in ethics training with yearly continuing

education. Competency in ethics is as important as all other aspects of required

police competency and should be given the attention and resources needed to provide

every officer with the knowledge to foresee and respond to a potential ethical

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dilemma. A trained ethics resource person to guide decision making around complex

or potentially complex situations should be identified. Complex, new, or potentially

damaging situations should be vetted by the City ethics committee, as provided for in

Article VIII of the City Ordinance. A determination by the ethics committee would

serve to advise the officer, the Chief and the Police Commission on the ethical course

of action. With this safeguard in place it is hoped that a similar situation would be

appropriately handled preventing "something like this from happening again".

We understand that the Internal Affairs (IA) policy is currently under review with a

goal to revise the policy to reflect best IA practices. This is clearly necessary, and we

recommend it be done with outside assistance to make sure the new policy reflects

national, generally accepted, modern police standards. It is our conclusion that the IA

practices as apparently employed in the Goodwin matter are not reflective of best IA

practices. An objective and independent IA may have identified the concerns noted

in this report and action taken.

Supervisory responsibility and accountability across and between all department

divisions must be strengthened through training, mentoring, and structural redesign.

Every person of rank has the responsibility to properly supervise and manage

subordinate employees and must not deflect that responsibility simply because a

particular officer is outside his/her direct chain of command. We do not know if

contractual, collective bargaining, or arbitration rulings preclude broader authority by

supervising and superior officers and highly recommend the implementation of a

supervisory philosophy where every officer of rank is responsible for assuring

policies and procedures are fully enforced. This may necessitate review and

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contractual changes. We understand that the physical plant of the Police Department

does not lend itself to intermingling among departments, and we find this to be a

contributing factor to lack of cohesiveness among the command staff and most likely

the officers in the different police department divisions. If possible we recommend

that structural barriers be reduced or removed to provide for officers and command

staff in different divisions to more readily interact with each other around the

business of the department.

There should be an assessment and re-evaluation of the relationship between the

Police Commission, the City Attorney and the Police Command Staff in terms of how

critical decisions regarding operations and personnel matters are currently being

handled on a day-to-day basis. Those lines of responsibility appear to be blurred and

would benefit from a formalized policy. We were unable to pinpoint through our

investigation exactly when the Police Commission became aware of the Webber

bequest intended for Sgt. Goodwin. When the Commission was informed, the

decision to wait for the probate case to play itself out in court did not serve the Police

Department or the community. In hindsight, the Commission could have worked

with the command staff and applied the policies laid out in the Duty Manual Chapters

13 [Code of Ethics], 30 [Professional Conduct and Responsibilities], and 50

[Prohibited Conduct], as well as in Article VIII, the City Code of Ethics. Allowing a

past command decision that condoned the off-duty relationship between Sgt.

Goodwin and Mrs. Webber to continue to reflect the position of the department and

the commission was not in the best interests of PPD or the citizens of Portsmouth.

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Once the bequest was made fully known upon the death of Geraldine Webber, a more

proactive approach should have been taken.

We recommend a critical re-examination of an apparent informal policy preference

that seems to favor internal candidates for leadership positions especially those of

Deputy Chief and Chief of Police. While organizational morale is positively

impacted when employees have the opportunity for promotion from within,

organizations also benefit from periodically bringing in new leaders. These new

leaders, when carefully vetted, bring a fresh perspective to practices that while

accepted and often entrenched may no longer reflect best police practices. We

recommend that outside candidates routinely be invited to apply for the deputy and

chief positions; there is no requirement to hire these candidates but without looking

beyond the department it is difficult to fully appreciate how other modern

departments function, what changes may be of benefit, and what persons may be best

for the department given its needs at any one point in time.

The department should re-evaluate and strengthen personnel practices such as annual

personnel evaluations and their promotional processes. We were surprised to learn

that no formal performance evaluation process is undertaken for employees of the

PPD, apparently due to bargaining unit contractual provisions. It is our understanding

that performance evaluation is a negotiable point in the contract, but we are

concerned with the lack of a process to implement meaningful evaluation.

Meaningful performance evaluations benefit everyone: the officer, the department,

and the community. We cannot fathom how an officer can work on continuous

improvement without a proper performance evaluation and individualized yearly

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goals. We do not understand how a department performs at the highest level, meeting

best practice recommendations without evaluating the performance of all employees

[administrative, rank and file, and command staff] so that department goals can be

met in a cohesive, coordinated fashion. We cannot stress enough our

recommendation to make it a priority to establish an evaluation tool and process as a

way to assure the community that each department member is routinely completing a

self, peer, and/or supervisor evaluation of achievement of goals and adherence to job

performance standards. We understand the constraints associated with bargaining

unit contracts, but a joint effort by both management and the rank and file members

with respect to performance evaluations would ultimately be in the best interest of the

department and the City, as well as the rank and file.

The department's rules and regulations and code of conduct are 20+ years old and

should be updated and integrated to reflect a modern healthy police culture. Written

in 1996 with some section updates in 1999, the current Duty Manual is woefully in

need of complete review and revision. While the proscriptions in 50.01A were clear

to us, some individuals had a different interpretation, i.e. so long as the bequest

wasn't actually paid out to Sgt. Goodwin, no violation occurred. This is a far too

narrow reading, but revising the Duty Manual to clarify this point and related issues

should be done and would eliminate such close parsing of the language.

While this is an administrative responsibility of the Commission and the Chief, we

highly recommend the department strongly consider participation with CALEA

[Commission on Accreditation for Law Enforcement Agencies] and pursue

accreditation as part of the review/revision of the Duty Manual and Standard

20

Operating Procedures. This will require the budgetary resources to complete the self-

assessment and site visit needed to attain accreditation. As stated on the CALEA

website [www.calea.org]:

The purpose of CALEA's Accreditation Programs is to improve the delivery of

public safety services, primarily by: maintaining a body of standards, developed

by public safety practitioners, covering a wide range of up-to-date public safety

initiatives; establishing and administering an accreditation process; and

recognizing professional excellence. Specifically, CALEA's goals are to:

Strengthen crime prevention and control capabilities;

v Formalize essential management procedures;

v Establish fair and nondiscriminatory personnel practices;

.*. Improve service delivery;

Solidify interagency cooperation and coordination; and

Increase community and staff confidence in the agency.

The CALEA Accreditation Process is a proven modern management model; once

implemented, it presents the Chief Executive Officer (CEO), on a continuing

basis, with a blueprint that promotes the efficient use of resources and improves

service deliveryregardless of the size, geographic location, or functional

responsibilities of the agency.

This accreditation program provides public safety agencies an opportunity to

voluntarily demonstrate that they meet an established set of professional

standards which..

21

v Require an agency to develop a comprehensive, well thought

out, uniform set of written directives. This is one of the most

successful methods for reaching administrative and

operational goals, while also providing direction to personnel.

v Provide the necessary reports and analyses a CEO needs to

make fact-based, informed management decisions.

v Require a preparedness program be put in placeso an agency is ready

to address natural or man-made critical incidents.

v Are a means for developing or improving upon an agency's relationship

with the community.

v Strengthen an agency's accountability, both within the agency and the

community, through a continuum of standards that clearly define

authority, performance, and responsibilities.

Can limit an agency's liability and risk exposure because it demonstrates

that internationally recognized standards for law enforcement have been

met, as verified by a team of independent outside CALEA-trained

assessors.

Facilitates an agency's pursuit of professional excellence.

The Department and the Police Commission, in cooperation with the City Council and

the public, should take immediate steps to place the focus back on the critical work being

performed every day by the officers of the PPD. During the course of our investigation,

allegations of improper benefits by other officers in the PPD were reported and in each

22

instance the allegations were deemed unfounded. We are concerned rumors, such as

those we investigated, will have a damaging effect on morale; once a rumor takes hold

debunking its legitimacy diverts resources away from important police work. We

recommend starting the process of refocusing the work of the department with an

acknowledgement of the oversights that occurred beginning with poor instructions to Sgt.

Goodwin that permitted an on-duty contact to transition into an off-duty friendship of an

elderly citizen.

By all accounts Sgt. Goodwin was highly regarded by the command staff as a hard-

working, results-producing officer; his promotion bears that out. It is unfortunate that the

advice he received coupled with his continued attention for Mrs. Webber led directly to

the current situation. We are reasonably confident that if he had initially been instructed

to disclaim the intended bequest, he would have heeded that advice and avoided the

entanglement. It was not our charge, nor do we have any information or opinion on

whether or not Sgt. Goodwin unduly influenced Mrs. Webber, but it is our opinion that

his relationship with her began with an apparent wish to help her.

Poor initial advice to Sgt. Goodwin was followed by failures of the command staff to

recognize real or potential policy violations, poorly conducted IA's, reliance on outside

agencies to conduct investigations that were the proper focus of the department, and the

assignment of a specific police officer to provide police services to an elderly citizen

inconsistent with the usual and customary police practice. The failure of the command

staff to clearly inform the Police Commission in January-February 2011 of the full nature

of the Goodwin-Webber relationship stalled the Commission's ability to recognize the

controversy that would eventually follow. As time progressed the department and

23

commission stood still, waiting for a probate process to play out while the community

became increasingly alarmed and upset.

It is clear to us that had the Commission either received more specific information or

asked probing questions of the command staff, they would have had a better basis from

which to act in this matter using the authority granted them under City Charter

Amendment E "Powers". It is also clear that under Charter Amendment E "Rules and

Regulations" that the Commission has both the authority and the obligation to adopt and

implement modern rules and regulations including codes of conduct. We highly

recommend that the Commission and police command staff immediately start the process

to improve the agencies' performance and accountability in the future beginning, as

stated before, with examining the prospect of CALEA accreditation and a revision to the

Duty Manual.

In order for commissioners to become fully informed about the role and responsibilities

of the Police Commission it is essential that a full orientation of members of the Police

Commission to the Police Department be completed. This orientation should rightfully

include a review of the City Charter with specific attention to sections of responsibility

and a thorough review of the Duty Manual and Standard Operating Procedures. Copies

of these documents should be provided to each Commissioner much the same as is done

with new police officers. New commissioners should be formally introduced to all

employees of the Police Department along with descriptions from the employees of their

job roles and responsibilities. In addition to "ride-along" with patrol officers,

Commissioners should be familiar with all other activities that provide a full view of the

work of the department. We found the Commissioners to be fully invested in the success

24

of the department but are concerned that there is an overemphasis on budget to the

exclusion of other department needs (such as policy updates). A set schedule for periodic

review of departmental policies and procedures would assure the department is utilizing

best police practices and continually updating those practices.

Finally, the citizens of Portsmouth may want to consider whether the Police Commission

continues to be the appropriate governing entity of the police department, and whether a

Charter Amendment should be considered eliminating the Police Commission. We

neither endorse nor oppose such an amendment, but rather raise the point for further

public discussion.

25

FINAL THOUGHTS

The task group appreciates the opportunity provided by the Police Commission to

examine the conduct of Sgt. Goodwin and the Police Department as it pertains to Geraldine

Webber. It is unlikely that any party could have anticipated the consequences that began with a

routine police investigation on October 20, 2010. However, the events that occurred over the

two years after that initial contact were not pre-ordained. There were, and are, rules, regulations,

codes and other provisions in place that could have, and should have, been applied to avoid the

present controversy. The morale of the Portsmouth Police Department has suffered, and the

reputation of the department has been tarnished by these events. Our goal is not to point fingers

and place blame, but rather to recognize that individual and management lapses of judgment and

oversights occurred, and to provide some initial suggestions for improvement.

It is the sincere desire of all of us that this report be viewed as constructive, designed to

foster improvement to the operations and morale of the department for the benefit of not only the

employees but of the entire Portsmouth community. The events of the past few years have been

painful for all concerned, but we are confident that the department will learn from this

experience and put this episode behind it and move forward in a positive way.

Respectfully,

Hon. Stephen H. Roberts, (Ret.), Chairman

()11 I A.%. P}#41,- f4- ) Chief William D. Baker (Ret.)

26

-Ttloarb ofPolite glommissiontsrs of 11n L'

(1-itil of Portsin mill!,

22 September, 2014

The Honorable Stephen Roberts HOEFLE, PHOENIX, GORMLEY & ROBERTS, P.A. 127 Parrott Avenue Portsmouth, NH 03801

Dear Judge Roberts:

The Police Commission charges your task force to conduct a fact-finding, investigative inquiry into the Webber/Goodwin matter. Items of concern include, but are not limited to:

1. Whether or not Aaron Goodwin violated any policies or procedures of the Portsmouth PD with regard to this matter. 2. An investigation into the relationship between Aaron Goodwin and Geraldine Webber on duty and off duty. 3. What level of supervision did Aaron Goodwin receive with regard to this matter. 4. Establishing a timeline of relevant facts.

Please feel free to contact the commission regarding any questions you may have relative to this Charge.

Very truly yours, PoBTsmoUTl I POLICE COMMISSION

STEPHEN H. ROBERTS Hoefle, Phoenix, Gormley & Roberts, P. A.

127 Parrott Avenue, Portsmouth, New Hampshire 03801

603-436-0666

Education

George Washington University, Washington, D. C.; Juris Doctor, with honors, 1983 The University of Connecticut, Storrs, Connecticut; Master of Public Affairs, 1978 Boston University, Boston, Massachusetts; Bachelor of Arts, Political Science, 1975

Employment

Hoefle, Phoenix, Gormley & Roberts, P. A., Portsmouth, New Hampshire, 2008-; Partner, with emphasis on environmental matters, products liability, real estate/land use, municipal law, probate, commercial and civil litigation

McNeill, Taylor & Gallo, P. A., Dover, New Hampshire, 2002-2007; Partner, with emphasis on environmental matters, commercial and civil litigation, real estate and land use issues, municipal law

Ouellette, Hallisey, Dibble & Tanguay, P. A., Dover, New Hampshire, 1984-2001; Associate and then partner; with emphasis on insurance defense, civil, commercial and environmental litigation, insurance coverage, toxic torts

United States Department of Labor, Washington, D. C., 1978-1984; Budget Officer, Bureau of Labor Statistics, 1982-1984; Presidential Management Intern/Budget Analyst, Office of the Assistant Secretary for Administration and Management, 1978-1982

Judicial Experience

State of New Hampshire, Circuit Court; Special Justice 1989-2011; appointed by Governor Judd Gregg to Somersworth District Court 1989; consolidated with Dover District Court 2003; member of Police Standards and Training Council, 2003-2011. Member, Greenland Incident Review Commission, 2012

Reported decisions

Naser Jewelers, Inc. v. Concord, 513 F.3d 27 (1st. Cir. 2008); New Hampshire Ball Bearings, Inc. v. Aetna Cas. and Sur. Co., 43 F.3d 749 (1st

Cir. 1995); Collins v. Martella, 17 F.3d 1 (1st Cir. 1994); State of New Hampshire v. Flint Hills Resources, LP et al., 982 A.2d 388 (N.H. 2009); Carlson's Chrysler, Inc. v. Concord, 938 A.2d 69 (N.H. 2007); EnergyNorth Natural Gas, Inc. v. Underwriters at Lloyd's, 934 A.2d 517 (N.H. 2006); Estate of Ireland v. Worcester Ins. Co., 826 A.2d 577 (N.H. 2003); Coakley v. Maine Bonding, 618 A.2d 777 (N.H. 1992); Hillside Associates of Hollis, Inc. v. Maine Bonding, 605 A.2d 1026 (N.H. 1992); Thone v. Cairo, 536 A.2d 183 (N.H. 1987); Mottolo v. United States Fidelity & Guaranty Co., 498 A.2d 760 (N.H. 1985); Cowan v. Tyrolean Ski Area, Inc., 506 A.2d 690 (N.H. 1985)

CURRICULUM VITAE

KATHRYN R. LYNCH 3 BOYAN PLACE

PORTSMOUTH, NH 03801

EDUCATION 1989 D.N.Sc.

1980 M.S.N.

1977 B.S.N.

1973 Diploma

Boston University Major: Nursing Science Cognate: Neuroscience Nursing

University of Virginia Major: Medical-Surgical Nursing Minor: Education

Northeastern University

Albany Medical Center

CERTIFICATION 1979-present CCRN 1979-2006 BLS/IT 1982-2014 ACLS

2002-2006

1990-95 1988-92 1982-85

American Association of Critical Care Nurses American Heart Association American Heart Association Instructor

ACLS/EP American Heart Association Instructor

Preceptor Thrombolytic Therapy, Genentech, Inc. TNCC/P Emergency Nurses' Association EMT/RN National Registry of EMT's

ACADEMIC EXPERIENCE

1989-90

Term Professor, MGH Institute of Health Professions, Boston, MA [Pathophysiology]

Department of Nursing Massachusetts General Hospital Institute of Health Professions Boston, MA

Assistant Professor of Nursing Graduate and Undergraduate Programs University of New Hampshire Durham, NH

Visiting Assistant Professor of Nursing Graduate Program University of New Hampshire Durham, NH

1999-2002

Fall, 2003 and

Fall, 2007

1990-99

1983-89

1981-83

1979-81

Adjunct Assistant Professor of Nursing Undergraduate Program University of New Hampshire, Durham, NH

Instructor of Nursing EBORN Program (RN to BSN) University of New Hampshire, Durham, NH

Instructor of Nursing Baccalaureate Program Louisiana State University Medical Center New Orleans, LA

1978 Graduate Teaching Assistant Undergraduate Program University of Virginia Charlottesville, VA

CLINICAL EXPERIENCE 2006- present Office Nurse (Per Diem)

Cynthia Bear/Wendy McLaughin/Kathleen Toivanen Gynecology Rye, NH

1991-2011 Staff Nurse (Per Diem) Telemetry, Post-Anesthesia, Emergency Department, Education Wentworth-Douglass Hospital Dover, NH

1981-91 Critical Care Nurse Educator/Clinical Specialist Wentworth-Douglass Hospital Dover, NH

1979-81 Staff Nurse, ICU (Per Diem) Ochsner Foundation Hospital Metairie, LA

1977-78 Staff Nurse, ICU (Per Diem)

University of Virginia Hospital Charlottesville, VA

1976-77

Staff Nurse, ER/Observation Unit New England Deaconess Hospital Boston, MA

1975-77 Charge Nurse, SICU Boston University Hospital Boston, MA

1973-74 Staff Nurse/Charge Nurse, ICU Albany Medical Center Hospital Albany, NY

PROFESSIONAL ORGANIZATIONS

American Nurses' Association [member since 1975] 1975-1977 Massachusetts Nurses Association 1977-1979 Virginia Nurses Association 1979-1981 Louisiana Nurses Association 1981-present New Hampshire Nurses' Association

1990-2004 1996-98 1991-96 1989-97 1989-91 1989-91 1989 1988-89 1986-88 1983-84

Member, Research Committee President, NHNA Member, Board of Directors Delegate to ANA Convention Representative to UNH Advisory Committee Chairperson, Commission on Education Chairperson, Program Committee Member, Commission on Education Secretary, NHNA Member, Commission on Practice

American Association of Critical Care Nurses [member since 1975] 1991-92 Member, Audit Committee, NH Seacoast Chapter 1988-90 Secretary, NH Seacoast Chapter 1985-88 Member, Board of Directors, NH Seacoast Chapter 1984-85 President, NH Seacoast Chapter 1980-81 Member, Board of Directors, Greater New Orleans Chapter

Sigma Theta Tau [inducted in 1977] 1997-99 Chair, Awards Committee, Eta Iota Chapter 1992-94 Faculty Counselor, Eta Iota Chapter

American Heart Association [member since 1981] 2001-2005 National Faculty, ACLS for Northern New England Region 2001-2013 Northern New England Emergency Cardiac Care Committee 1998-2013 ACLS Regional Faculty, New Hampshire 1991-2014 Member, Council on Cardiovascular Nursing 1983-87 Member, Committee on Nursing Education, New Hampshire Affiliate

Eastern Nursing Research Society [member 1988-94; 1999-2005] 1991-92 Abstract Reviewer/Poster Sessions

National Head Injury Foundation [member 1984-1998] 1988-89 Professional Volunteer, Family-to-Family Outreach Program 1988-89 Member, Professional Council

PUBLICATIONS Lamb, M. E., & Lynch, K.R. (1997). Issues in collaborative practice: Collaborative

practice in cancer nursing education. Cancer Practice (in press).

Lynch, K. R. (1992). Cranial Nerve Disorders. In E. Barker (Ed.) Textbook of Neuroscience Nursing. St. Louis: C. V. Mosby.

Lethbridge, D. J., Tausch, J., Lynch, K., & Noyes, D. (1990). Second-step versus competence-based RN baccalaureate education in a rural setting. Nursing and Health Care, supplement, 63-67.

Lynch, K. (1989). A description of self-concept following traumatic brain injury. Dissertation Abstracts International. Ann Arbor: University Microfilms, Inc. (University Microfilms No. 9022981)

Lynch, K. (1980). A Descriptive-Analytic Study of Clinical Instructor Leader Behavior in Two Baccalaureate Nursing Programs. Unpublished master's thesis, University of Virginia, Charlottesville, VA.

LICENSURE New Hampshire Massachusetts New York

William D. Baker 61 Lunt Road Falmouth, Maine 04105 207-210-2405 1,vbaker@westbrook.me.us

ACCOMPLISHMENTS

I have broad experience implementing community policing, access to justice, and anti-corruption programs in post conflict countries and emerging democracies around the world

I have substantial experience managing complex international rule of law programs based on detailed assessments which I have conducted on international police agencies and justice systems, in Latin America, Africa and the former Soviet Republics

As Assistant Director of International Training for the US Department of Justice, Criminal Division, ICITAP program I was rated highly successful by my superiors, peers, subordinates and external customers. I received several performance awards and superior evaluations from DOJ and official accolades from the FBI and international law enforcement leaders from around the world with whom I worked. I worked closely with US and foreign Ambassadors, Justice & Interior Ministers and two foreign Presidents.

I entered state government as Executive Director of Police Training in Massachusetts and was promoted to the other senior executive positions of Assistant Secretary and Commissioner of Public Safety overseeing the 22 Massachusetts public safety agencies including the State Police and the police training agency, 9,000 employees and a budget of 750,000,000.

I have been actively engaged in community coalition building, serving as the Governor's chair of statewide domestic violence and hate crime coalitions; creating local human relations committees in Laconia New Hampshire and Westbrook Maine; and serving on the Maine subcommittee of the United States Commission on Civil Rights.

I have a significant track record of managing budgets, personnel and capital resources in a responsible way at the local, state and federal levels; leading my agencies to fiscal responsibility, labor harmony, and outstanding community and media relationships.

EXPERIENCE

City of Westbrook, Maine 570 Main Street Westbrook Maine 04092 Supervisor, City Manager Jerre Bryant, 207-939-7006 Assistant City Manager Director of Business & Community Relations & Economic Development (98,000) 08/2012 to Present

I co-manage all City agencies; I direct the process of enhancing the city's image and promoting economic and community development; I manage complex legal, management and political issues for the office of the Mayor.

FBI, CJIS Division, Clarksburg WV Keane Federal Systems FBI CSMU Module E-3 1000 Custer Hollow Road Clarksburg, WV Supervisor, FBI Section Chief Robert Casey, 406-407-0761 Instructor - Law Enforcement Officers Killed & Assaulted Program (130,000) 02/2011 08/2012

I delivered officer survival training to law enforcement audiences around the US and internationally as part of the Law Enforcement Officers Killed and Assaulted program (LEOKA). The FBI eliminated contractor positions because of budget cuts in 2012.

City of Westbrook, Maine 570 Main Street Westbrook Maine 04092 Supervisor, City Manager Jerre Bryant, 207-939-7006 Chief of Police (90,000) 08/2007- 02/2011

I took over an agency plagued by poor morale, poor performance, and declining community confidence and worked with my colleagues to improve the agency in all areas

I recruited a more progressive and diverse work force and reformed the department through enthusiastic situational leadership to a time of labor management harmony; successful collaborative relationships with other local, state and federal agencies; outstanding, media relations; a peak in public confidence and satisfaction as measured by community surveys and local political support. This process involved leading the department through substantial cultural change through team building; giving co-workers a clear vision and the tools to succeed; and a system of reward and discipline that recognized excellent performance and managed poor performance.

I built coalitions with advocates working on mental health, substance abuse, domestic violence, immigrant & refugee issues and other advocacy groups which placed Westbrook PD in a position of prominence as we established regional best practices in all of these areas. This brought us numerous awards and accolades; helped changed public policy and improved social conditions in Southern Maine.

I left with great ambivalence to accept a unique opportunity with the FBI.

THE EMERGENCE GROUP, LLC 910 17th

Street NW Washington DC 20006 Supervisor President Jim Krejci 301-996-9032 Director, Co-Founder & Principal (150,000) 06/2004-08/2007

I led the company's rule of law and democratic policing initiatives around the world by conducting assessments of foreign justice systems; engaging US and foreign government officials in strategic planning on large complex international programs; and creatively implementing those programs in the dynamic environment of post conflict countries and emerging democracies.

I designed and implemented anti-corruption and community policing programs with foreign police forces by successfully bridging the gap between US interests and host country political will and led the leadership teams of foreign police forces through substantive reform and organizational change by inspiring confidence in them.

I was engaged in the direct delivery of programs to foreign police colleagues and embassy officials around the world.

TOWN OF SEABROOK, NEW HAMPSHIRE 100 Winnacunnett Road Hampton NH 03842 Supervisor Town Manager Fred Welch 603-929-5908 Chief of Police (85,000) 01/2004-06/2004

I took over an extremely troubled agency, quickly inspired confidence from the police union and local citizens and implemented a successful community strategy to deal with a heroin epidemic leaving them far better off than I found them. A local political election three months in to my tenure eliminated a reform minded majority on the Board. I moved on in deference to the new Board's preference for a local internal candidate.

UNITED STATES DEPARTMENT OF JUSTICE, WASHINGTON DC 1331 F Street NW Washington DC 20530 Supervisor Director Dick Mayer 207-563-6299 Assistant Director of International Law EnforcementTraining and Development Section (115,000) 07/2002 01/2004

I led law enforcement training programs in Latin America, Africa and the former Soviet Republics by recruiting and leading US law enforcement experts from local, state and federal law enforcement agencies; assessing host country needs; designing and implementing complex programs in countries ravaged by crime, corruption, war, disease and lack of infrastructure.

I functioned as the DOJ liaison to the Department of State and United States Agency for International Development and developed strong communication and good will between agencies with sometimes inconsistent or competing priorities.

I established benchmarks of success in cooperation with our funders and produced improved capacity to reduce corruption and fight transnational crime on the part of foreign host governments.

I returned to New England because of serious family illness

CITY OF LACONIA, NEW HAMPSHIRE 126 New Salem Street Laconia NH 03246 Supervisor City Manager Eileen Cabanel 603-424-2331 Police Chief (90,000) 01/1999 07/2002

I dramatically improved the department's morale, employee retention and productivity by leading from the front and inspiring internal and external customers with a highly positive leadership style.

With the support of my colleagues we renewed the department's commitment to community policing and significantly improved public support and confidence in the police often by more open communication; local government transparency and strong media relations.

We established a first of its kind human relations committee to lead New Hampshire citizens and the refugee and immigrant community to a heightened level of understanding and cooperation.

I served as an adjunct professor of criminal justice at New Hampshire Community College I received the Paul Harris Fellowship award from Rotary International for Community Leadership

UNITED STATES DEPARTMENT OF JUSTICE, WASHINGTON DC 1331 F Street NW Washington DC 20530 Supervisor Ed Bejerano FBI Retired Assistant Director 954-529-4014 Acting Program Manager for Haiti (97,000) 1998 - 1999

I led a team of US and foreign law enforcement experts to develop and reform the Haitian National Police as the in-country director of operations. I mentored the national chief and his command staff. I designed and implemented programs on the ground by inspiring confidence and cooperation among US and foreign donors; embassy officials; and the host government

representatives in one of the poorest and most dysfunctional environments in the Western Hemisphere.

Although natural disaster, political impotence and other factors have reversed some of the gains, during my tenure our work led to measurable improvements in police performance; a decline in crime and corruption and evidence of increasing public confidence in their security structures.

I returned to New England because of serious family illness

CHRISTOPHER, HAYES, WOJCIK & MAVRICOS, WORCESTER, MASSACHUSETTS 370 Main Street Worcester Ma 01608 Supervisor David Wojcik 508-792-2800 Practicing Attorney (85,000) 1996 1997

Specialized in the areas of administrative law, domestic law, municipal law and civil litigation Represented plaintiffs in employment civil rights cases

I demonstrated substantial skills in the areas of legal writing and oral advocacy

COMMONWEALTH OF MASSACHUSETTS One Ashburton Place Boston, Massachusetts 02108 Supervisor Governor Bill Weld 212-547-5347 Director of Police Training, Commissioner & Assistant Secretary of Public Safety (90,000) 1992 - 1996

I took over training for 17,000 police and correctional officers in Massachusetts after the death of a recruit and the indictment of the former Director and led the agency, its personnel and its customers to vast improvements in performance and public confidence.

Those leadership results led to my subsequent appointment to the roles of Commissioner of Public Safety and Assistant Secretary of Public Safety with shared oversight of all public safety agencies in the state, including State Police, Medical Examiners Office and Police and Fire Training agencies. In this position I was able to expand my leadership influence and create successful partnerships between local, state and federal law enforcement and thereby enhance public safety in Massachusetts.

I led the Governor's Commission on Hate Crime bringing progressive laws and social policies to Massachusetts and protecting citizens that were victims of crime because of their race, religion, national origin, and sexual orientation.

I led the Governor's Commission on Domestic Violence and created multidisciplinary coalitions to combat domestic and sexual violence and co-created the first of its kind school based violence prevention program in Massachusetts.

I successfully managed a work force of 22 agency heads and 9,000 employees and a budget of 750,000,000 dollars which included annual appearances before legislative committees.

EXPERIENCE PRIOR TO 1992

I served as a successful municipal police chief in two Massachusetts communities including a ten year period of service with the Southborough Police Department from 1976 to1986; I ran a business helping corporations with internal theft and internal drug use problems. I began my police career as a Cumberland, Maine police officer. I travelled to Russia and Ukraine on behalf of the FBI and Project Harmony promoting successful programs to combat transnational crime and domestic violence. I was first appointed a full time officer in October of 1974. I had no gaps in employment and no disciplinary action of any kind during this period from 1974 to present.

EDUCATION & TRAINING

New England School of Law Juris Doctor 154 Stuart Street Boston, Ma (1991-1995)

Harvard University, Kennedy School of Government Executive Development Series. I earned a leadership certificate through an extensive two week program focused on leading change, leading people and achieving results in complex political and organizational environments. Boston, MA (1992)

Thomas Edison State College Bachelor of Science in Human Services 101 West State Street Trenton, NJ 08608 (1988)

FBI National Academy 12 week executive development program on all aspects of leadership Session #129 Quantico, Virginia (1982)

Babson College Command School Wellesley, Massachusetts (1979)

Maine and Massachusetts State Police Academies (1974 & 1976)

History of foreign program experience; implemented programs (I), visited (V):

(I) Azerbaijan, Bahamas, Barbados, Belize, Bolivia, Brazil, Canada, Czech Republic, Colombia, Congo, Dominican Republic, Ecuador, El Salvador, Egypt, Georgia, Ghana, Guatemala, Haiti, Honduras, Hungary, Indonesia, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Mexico, Nicaragua, Nigeria, Russia, Sudan, Tajikistan, Thailand, Trinidad & Tobago, Uganda, Ukraine, Uzbekistan, West Bank & Gaza (V) Denmark, Finland, France, Germany, Ireland, Italy, Scotland, Sweden, Turkey, UK.

William D. Baker 61 Lunt Road

Falmouth, Maine 04105 wbaker@westbrook.me.us

introduction:

Mr. Baker is a lawyer, an experienced public safety leader and an expert on foreign law enforcement

reform and access to justice. Mr. Baker is a senior law enforcement executive with experience as a municipal police chief in three states; as Director of Police Training, Assistant Secretary & Commissioner of Public Safety in the Commonwealth of Massachusetts; and he is the former Assistant Director with

the United States Department ofJustice, International Training section. Mr. Baker has mentored law

enforcement leaders and facilitated law enforcement reform in more than 36 countries in Latin America, Africa and the former Soviet Republics. He is a graduate of the New England School of Law in Boston; the Kennedy School Executive Leadership Series at Harvard; and the 129th

Session of the FBI National Academy.

Foreign Service Experience:

Mr. Baker is the co-founder and former Director of The Emergence Group, an organization focused on

international law enforcement reform, located in Washington DC. The Emergence Group operated with US Department of State and USAID funding in Ukraine, Kyrgyzstan, Egypt, Indonesia, West Bank and Gaza, Uganda and Ecuador.

Mr. Baker is the former Assistant Director of the US Department of Justice, Criminal Division,

International Training section, supervising and implementing international law enforcement reform in more than 36 countries in Latin America & the Caribbean, Africa and the former Soviet Republics. Mr. Baker served as the DOJ Program Manager in country in Haiti for a year.

Mr. Baker has implemented law enforcement reform projects, improved access to justice and developed strategies to counter trans-national crime and domestic violence in cooperation with the FBI in Russia; and with Vermont's Project Harmony in Russia and Ukraine.

Mr. Baker has extensive experience working with foreign Interior & Justice Ministers and US

Ambassadors around the world. He has personally collaborated on justice sector reform with former President Berger and Vice President Stein of Guatemala and with President Preval of Haiti.

Executive Experience:

Mr. Baker is currently the Assistant City Administrator & Director of Business and Community Relations

in the City of Westbrook Maine where he previously served as Chief of Police. He is a member of Maine Advisory Committee to the US Commission on Civil Rights.

Mr. Baker is a former national and international instructor with the FBI's Law Enforcement Officers

Killed and Assaulted Program (LEOKA) delivering officer safety and survival training based on interviews with incarcerated cop killers.

Mr. Baker was a successful and well respected Police Chief in the City of Westbrook Maine where he restored morale; improved hiring, promotions and retention of personnel; improved public relations and

initiated successful and creative strategies to impact regional crime problems. He also led a regional

effort to embrace Maine's growing diversity by creating the Westbrook Human Relations Committee

dealing with refugee and immigrant issues. He was granted the IACP civil rights award for his work.

Mr. Baker co-founded and directed a successful international law enforcement reform company located in Washington DC.

Mr. Baker served as Assistant Director of International Training for the US Department of Justice, Criminal Division, in Washington DC.

Mr. Baker served as Director of Police Training, Commissioner and Assistant Secretary of Public Safety for the Commonwealth of Massachusetts. He also served as the Co-Chair of the Governor's Commissions on Hate Crime and Domestic & Sexual Violence.

Mr. Baker served as a municipal Police Chief in Massachusetts, New Hampshire and Maine creating and

implementing successful strategies to deal with drug addiction, domestic & sexual violence, refugee and immigrant issues and crime prevention.

Mr. Baker served as an elected municipal Selectman in Southborough, Massachusetts.

Mr. Baker served as a law partner practicing administrative, civil rights and municipal law in Massachusetts and used his legal expertise in an international setting on criminal code and constitutional law reform.

History of foreign program experience; Implemented programs (I), visited (V):

(I) Azerbaijan, Bahamas, Barbados, Belize, Bolivia, Brazil, Canada, Czech Republic, Colombia, Congo, Dominican Republic, Ecuador, El Salvador, Egypt, Georgia, Ghana, Guatemala, Haiti, Honduras, Hungary, Indonesia, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kyrgyzstan, Mexico, Nicaragua, Nigeria, Russia, Sudan, Tajikistan, Thailand, Trinidad & Tobago, Uganda, Ukraine, Uzbekistan, West Bank & Gaza (V) Denmark, Finland, France, Germany, Ireland, Italy, Scotland, Sweden, Turkey, UK.

EXHIBIT C

TIMELINE

DATE EVENT Prior to 10/20/2010 No verifiable contact between Aaron Goodwin and Geraldine Webber 10/20/2010 1 St verifiable contact: Aaron Goodwin investigates unrelated report of

possible home invasion at Geraldine Webber's home; Geraldine Webber determined not to be target; Geraldine Webber in unrelated report indicates concern with Atty. Ritzo

10/25/2010 Geraldine Webber leaves message for Aaron Goodwin about possible prowler; Aaron Goodwin responds; Geraldine Webber tells of bank calls in 8/2010 regarding Atty. Ritzo cashing checks and using POA

Late October Geraldine Webber gifts to Aaron Goodwin for his children; reported to Sgt. Keaveny

11/22/2010 Atty. Ritzo calls Capt. MacDonald to report above gifts accepted by Aaron Goodwin

Late November Geraldine Webber becomes suspicious of relationship between John Connors and Atty. Ritzo as Aaron Goodwin visits to Geraldine Webber are followed by telephone call from Atty. Ritzo

12/13/2010 Det. Kristen Bernier accompanies Aaron Goodwin to Geraldine Webber's home; on 12/21 Geraldine Webber leaves voicemail message for Aaron Goodwin about visit with Det. Bernier

12/24/2010 Geraldine Webber tells Aaron Goodwin in a phone call she wants to leave him her home

12/29/2010 During Aaron Goodwin's visit to Geraldine Webber Atty. Ritzo calls; Geraldine Webber wants new lawyer and wants to see Chief about Connors

1/4/2011 Aaron Goodwin meets with Chief about developing relationship with Geraldine Webber becoming more of a friendship Chief's "off-duty" decision

1/5/2011 Chief meets with Geraldine Webber [Capt. Schwartz and R. Currie present] regarding complaints about Connors and Atty. Ritzo

1/10/2011 Aaron Goodwin writes summary of his contacts with Geraldine Webber for Chief

1/14/2011 Capt. Schwartz makes Bureau of Elderly and Adult Services report on behalf of Geraldine Webber re: Atty. Ritzo

1/17/2011 Capt. Schwartz emails Department of Justice and faxes to Senior Law Project regarding 1/14/11 report; Capt. MacDonald sends memo to Capt. Schwartz about Atty. Ritzo's complaint of Aaron Goodwin [notes that Aaron Goodwin visiting Geraldine Webber weekly]

1/24/2011 Department of Justice/Bureau of Elderly and Adult Services email to Capt. Schwartz re: Atty. Ritzo complaint

1/28/2011 Nurse Fish calls Aaron Goodwin regarding neighbor no longer providing rides; Aaron Goodwin noted in medical record as contact person for Geraldine Webber

1

Sometime in February Chief briefs Police Commission in nonpublic session on Atty. Ritzo's complaint and opening Internal Affairs Investigation

2/1/2011 Department of Justice/Bureau of Elderly and Adult Services meeting with Geraldine Webber and Capt. Schwartz re her complaint about Atty Ritzo Atty. Ritzo complaint to Chief about Aaron Goodwin

2/8/2011 Geraldine Webber meets with Atty. Mulhern; CPA present 2/11/2011 Internal Affairs #1 [special privileges complaint by Atty. Ritzo] 2/14/2011 Neighbor complaint to Bureau of Elderly and Adult Services re

Aaron Goodwin exploitation 2/15/2011 "No contact letter" from Department of Justice/Bureau of Elderly and

Adult Services to Atty. Ritzo 2/16/2011 Dispatch report deleted by Gil Emery from Capt. Schwartz [Atty.

Ritzo investigation moved to Department of Justice is reason for redaction]

2/22/2011 Chief letter to Atty. Ritzo responding to 11/2010 and 2/1/2011 complaint unfounded

2/24/2011 Physician call to Portsmouth Police Department; Aaron Goodwin response; admitted to Portsmouth Regional Hospital psych consult recommended guardian; not followed up by ordering doctor

2/26/2011 Portsmouth Regional Hospital discharge with Visiting Nurse Association

April 2011 June 2011 Atty. Mulhern attempting to determine competency; Atty. Mulhern informs G. Webber he cannot do will without competency testing; Geraldine Webber refuses competency testing

5/3/2011 Geraldine Webber contacts Atty. Boesch 5/23/2011 Geraldine Webber meets with Atty. Boesch; not retained 6/6/2011 Living Innovations admission; notes Aaron Goodwin as emergency

contact 8/11/2011 Bureau of Elderly and Adult Services report of self-neglect from PCP 8/18/2011 Geraldine Webber meets with Atty. McGee possible conflict of

interest not retained 8/19/2011 Bureau of Elderly and Adult Services visits Geraldine Webber;

Representative from Amedysis present, Aaron Goodwin also arrived during visit

8/22/2011 Bureau of Elderly and Adult Services "no concern" noting Aaron Goodwin support

8/25/2011 Atty. Nadeau calls Atty. Holmes about Geraldine Webber on behalf of Aaron Goodwin

9/5/2011 Atty. Holmes telephone conversation with Geraldine Webber and subsequent meetings for estate planning

11/30/2011 Letter to Geraldine Webber that self-neglect complaint of 8/11/11 unfounded

12/8/2011 Aaron Goodwin becomes POA 1/27/20 12 Atty. Ritzo noted Geraldine Webber car at Ampet 2/3/2012 Atty. Ritzo complaint to Portsmouth Police Department re: above

2/9/2012 Geraldine Webber to Portsmouth Regional Hospital Emergency Department after fall

2/15/2012 Chief meets with Aaron Goodwin regarding Atty. Ritzo complaint 2/16/2012 Portsmouth Bureau of Elderly and Adult Services [Hopkins] visits

Geraldine Webber 2/22/2012 PCP calls Protective Services for Geraldine Webber "needs

protection" 2/29/2012 Bank representative notes Geraldine Webber cancels monthly check

to grandson 3/14/2012 Bureau of Elderly and Adult Services [DHHS] meeting with

Geraldine Webber re: PCP concerns 4/3/2012 Chief letter to Atty. Ritzo that 2/3/2012 complaint not sustained 4/6/2012 Bureau of Elderly and Adult Services meets with Geraldine Webber;

Amedysis nurse notes Geraldine Webber concerned that Bureau of Elderly and Adult Services wants to put her into nursing home

5/2/2012 New will and trust 5/25/2012 Aaron Goodwin cleared by Department of Justice/Bureau of Elderly

and Adult Services 6/12/2012 Bureau of Elderly and Adult Services letter to Aaron Goodwin that

complaint unfounded 6/26/2012 Atty. Holmes records deed of home into Geraldine Webber trust 8/10/2012 Atty. Ritzo bills Geraldine Webber for past services 8/13/2012 Letter to probate court with concern 8/15/2012 Neighbor complaint to Bureau of Elderly and Adult Services re:

Aaron Goodwin exploitation following rumor that Aaron Goodwin putting addition on Geraldine Webber home

8/16/2012 Department of Justice notified of Atty. Ritzo bill to Geraldine Webber

8/20/2012 Atty. Ritzo letter to Department of Justice re: Aaron Goodwin exploitation

8/23/2012 Department of Justice letter finding no Atty. Ritzo violation for sending bill; Geraldine Webber can contact county attorney for stalking complaint; Department of Justice letter to Atty. Ritzo no basis to investigate Aaron Goodwin; Dinan letter to Aaron Goodwin for comment

8/29/2012 Bureau of Elderly and Adult Services [Sabina] interviews Geraldine Webber following neighbor report; Atty. Ritzo petitions probate court re: Geraldine Webber trust; Capt. Schwartz emails now Chief Dubois summarizing Geraldine Webber events

8/31/2012 Atty. Ritzo letter to Department of Justice disappointed no investigation

9/7/2012 Zill interview by Bureau of Elderly and Adult Services; Aaron Goodwin relinquishes Geraldine Webber DPHCA

9/13/2017 Aaron Goodwin interview by Bureau of Elderly and Adult Services

9/19/2012 Bureau of Elderly and Adult Services report of neighbor complaint unfounded; Portsmouth Police Department letter to Dinan no violation of law or Portsmouth Police Department regulations; also letter to Dinan from Police Commission

10/30/2012 Department of Justice responds to Atty. Ritzo 9/25 complaint

regarding 2/2011 incident as not rising to level of investigation 11/4/2012 Herald article on probate/superior court case of exploitation by Aaron

Goodwin 11/5/2012 Geraldine Webber admitted to Portsmouth Regional Hospital 11/8/2012 Probate court denies Ritzo 9/24 petition for reconsideration; opines

that if competency an issue that someone should assess; no one does 11/13/2012 Admitted to Clipper from Portsmouth Regional Hospital 11/15/2012 Aaron Goodwin promoted to Sergeant 11/27/2012 Neighbors begin application for process to initiate guardianship 12/4/2012 Bureau of Elderly and Adult Services reports to Office of Public

Guardian that Geraldine Webber on radar" 12/7/2012 Discharged to home for hospice care 12/11/2012 Geraldine Webber's death

utes & Re.3. 07/02/99

50.00 PROHIBITED CONDUCT

50.01 Acceptance or Solicitation of Gifts, Rewards, and Other Gratuities:

A. Gifts, loans or fees from the public: Employees shall not accept for either personal use or department use, either directly or indirectly, any gift, gratuity, service, object, loan, fee, or any other thing of value, arising from or offered because of police employment or any activity arising from or connected with said employment. They shall not accept any gift, gratuity, loan, fee or any other thing a value, the acceptance of which might tend to influence directly or indirectly the actions of said employees or any other employee in any matter of police business; or which may tend to cast an adverse reflection on the department or any other employee thereof. Persons or organizations offering anything of value for department use will be refered to the Office of the Chief of Police.

B. Accepting Fees - Attorneys, Bail Commissioners, Bondsman: Under no circumstances shall any officer or employee accept a fee or gratuity, or solicit any fee or gratuity, from any attorney, bail commissioner or bondsman for recommending their services.

C. Gifts or Gratuities from Other Employees: No employee shall receive any gift or gratuity from other employees arising from or offered because of police business. They shall not accept any gift, gratuity, loan, fee or any other thing of value, the acceptance of which might tend to influence directly or indirectly the actions of employees in any matter of police business.

D. Rewards: Employees shall not accept any reward in money or other consideration for services rendered in the line of duty to the community, or to any person, business or agency except lawful salary and that which may be authorized by law.

E. Free Admission and Passes: Employees shall not solicit or accept free admission to theaters or other places of amusement for themselves or others except in the line of duty.

F. Soliciting Gifts, Rewards, or Other Gratuities: Employees shall not solicit either directly or indirectly, any gift, gratuity, loan or fee where there is any direct or indirect connection between the solicitation and their department employment. Employees may solicit funds, equipment, services or any other thing of value for department use only with prior written authorization of the Office of the Chief of Police.

G. Debts, Incurring and Payment: Employees shall pay all just debts and legal liabilities incurred by them.

H. Other Transactions: Employees are prohibited from buying and selling anything of value from or to any complainant, suspect, witness, defendant, prisoner or other person involv