NAHANT – Lynn District Court Assistant Clerk Magistrate Daniel Day determined this week that there is probable cause to issue a criminal complaint against Firefighter Kevin Howard, who allegedly embezzled thousands of dollars from the union.Attorney Neil Rossman, who represents the International Association of Fire Fighters Local 2718, said firefighters will fully cooperate with prosecutors.”At the end of the day an official criminal compliant will be issued through Lynn District Court,” he said. “The criminal complaint will be prosecuted by the District Attorney’s Office and the firefighters will cooperate.”Howard, who has been a firefighter for 11 years, was president of the Local 2718 until he was appointed acting chief on March 1. He served as acting chief until April 29 when he went on paid sick leave after allegations were made that he embezzled union funds to fuel his drug habit. The allegations surfaced after incoming Union President Joshua Mahoney reportedly discovered money missing from the union accounts.Earlier this month, the union lodged a request for a criminal complaint against Howard in Lynn District Court. The request for a criminal complaint alleged he made numerous purchases for his personal use at Home Depot, Shaw’s and Walmart, using union accounts. It also alleged during various ATM transactions he made approximately $7,600 in cash withdrawals from union accounts. Finally, the complaint alleged Howard submitted receipts to the town for his personal purchases and then kept the reimbursements he received from the town.Whether Howard should be allowed to remain on paid sick leave is being looked at by the town after Howard last week admitted publicly he used and purchased cocaine at the fire station.”It will be re-evaluated,” Town Administrator Mark Cullinan said. “Will that (paid sick leave) change in the future? It may.”Cullinan said any decision made about Howard’s paid sick leave will not be taken lightly.”There are contract issues that need to be considered,” Cullinan said. “There are Civil Service issues and labor issues to be considered. We want to make sure we make the right decision and a legal decision.”Cullinan added it is too easy for critics to say Howard should have been terminated immediately.”I take this very seriously,” he said. “It may sound like an easy decision when you’re sitting at home in a Lazy Boy recliner with your feet up reading the Lynn Item. But my decision will be based on a full and thorough review of the facts with town counsel and labor counsel.”