Peabody police lt. granted pension

PEABODY – After a 7-week investigation, the Peabody Retirement Board voted 3-2 in favor of granting Police Lt. Edward Bettencourt his full retirement pension.Members Joseph DiFranco Sr., Donna Hopkins, and ex-officio Patricia Schaffer voted in favor of his request, while Chairman Richard Yagjian and John McGinn opposed it.The battle for Bettencourt’s retirement began after he was convicted in April in Suffolk Superior Court on 21 counts of unauthorized access to a computer. Associate Justice Margaret Hinkle found him guilty of the Christmas 2004 crime when he accessed the confidential information of 20 fellow officers and one Salem officer to look up their scores on the Civil Service Exam. He was fined $10,500.Under Ch. 22 Sec. 15 of Massachusetts General Laws, any member who has been convicted of a violation of laws applicable to his office or position shall not be entitled to a retirement. It became incumbent upon the board to decide whether Bettencourt’s wrongdoings fall under that category.”The issue was very narrow, whether or not the crimes of which he was convicted were in violation of the laws,” said Michael Sacco, the attorney representing the Retirement Board.The closed hearing first began on May 23. It continued Thursday morning for about an hour, giving board members another chance to ask any questions. The board then came back into open session and quickly announced their decision.”It’s a very difficult case,” said Sacco. “There’s no case law directly on point. Very few cases have been reported and most of which were very clear-cut circumstances?There was a link between the individual’s job and their criminal conviction. In this case?I think the majority of the board felt that the offenses were not necessarily linked to his duties as a police officer.”Although the board made their decision, it’s not set in stone. It’s subject to review by the Public Employee Retirement Administration Commission (PERAC), the state agency that oversees the authority of all retirement systems in the Commonwealth.By law, the board has 15 days to submit their formal, written decision to the state, at which point it will become a public record. PERAC will then have 30 days to either approve or remand their decision. If the PERAC does not act within 30 days, the ruling of the Retirement Board is final.Saco said the specific amount of Bettencourt’s retirement has yet to be officially determined. It remains just an estimate. He expects that once the state reports back, the board will have calculated the figures.