MARBLEHEAD — After three years of attempting to clear his name, Christopher Gallo has been exonerated from allegedly committing time fraud and rule violations while employed as an officer at Marblehead Police Department.
There were two questions posed, which arbitrator Mary Ellen Shea was responsible for answering after hearing all evidence from the town and Gallo’s attorney, Gary Nolan.
The first question was: Did the Town of Marblehead have just cause to suspend Gallo for 30 days in connection with its April 19, 2022 written notice of suspension?
This refers to the disciplinary action Gallo was faced with after an anonymous source sent cell phone photos of his police cruiser parked outside his home while he was on the clock back in June 2021.
It is clear in the legal proceedings that most people assume the anonymous source was former Marblehead Officer Timothy Tufts, who was allegedly responsible for carving a swastika in another officer’s car. According to the 48-page arbitration documents, Tufts would have had motive to lie about Gallo’s alleged time fraud since Gallo was the officer who reported the swastika incident that ultimately caused Tufts to resign.
Tufts has a documented history of making false accusations against Gallo. In 2020, Gallo was accused of using excessive force, but body camera footage later revealed that it was Tufts who used excessive force, not Gallo.
Rather than ensuring the evidence provided to them – in this case, the cell phone photos – were not altered and were showing the correct date and time stamps, “the town did not authenticate photos it knew could be manipulated and were likely taken by a person seeking revenge against Officer Gallo.”
Beyond the understanding that the time fraud allegation was probably made in ill will, and that the town did not verify the photos, the Marblehead Police Department has no rule, policy or guideline explaining how many breaks an officer may take or how long a break may be.
Shea answered that the town did not have just cause for the actions taken against Gallo due to alleged time fraud, as there was not enough evidence to prove it.
The second question was: Did the town have just cause to terminate Gallo’s employment with its Aug. 23, 2021 written notice of suspension?
On July 26, 2021, Marblehead Police Department responded to a 911 call from Gallo’s girlfriend, alleging domestic violence at the home.
“The officers quickly determined that the report of domestic violence was false. The girlfriend recanted the allegations, and the responding officers’ interviews of the witnesses confirmed that Officer Gallo has not been violent, and it was the girlfriend who became angry and chased Gallo when he asked her to leave the house because she was so intoxicated,” the documents read.
Days later, former Police Chief Dennis King ordered Sergeant Sean Brady to conduct an Internal Affairs investigation “into the facts and circumstances surrounding this domestic incident… and determine if there were any violations of the Rules and Regulations or Policies and Procedures of the Marblehead Police Department or laws of the Commonwealth.”
The documents state that Chief King cleared Gallo of any domestic abuse or violence but advised he was being suspended for alleged rules violations related to the incident.
Rule 4.02: Conduct Unbecoming Of An Officer states that “Officers shall not commit any specific act or acts of immoral, improper, unlawful, disorderly or intemperate conduct, whether on or off duty, which reflects discredit or reflects unfavorably upon the officer, upon other officers or upon the police department.”
However, the documents add, “Officer Gallo’s personal decisions and actions on July 26, 2021 were not evidence of an officer engaged in punishable misconduct but reflected the unfortunate and distressing challenges facing a family affected by alcoholism… The report left no doubt that Gallo had been the victim, not the perpetrator… The chief’s charge that Officer Gallo’s personal decisions and/or the incident at his home brought discredit to the department is not supported.”
Shea stated that the town did not have just cause to terminate Gallo.
According to Nolan, “As was highlighted by the arbitrator, the most troubling thing about this case is the lengths to which so many agents of the town all just went along with, or turned a blind eye to, the malicious and unfair treatment of this 27-year, veteran officer.”
The town of Marblehead has until April 13 to abide by Shea’s Feb. 12 decision to:
- Rescind Gallo’s suspension and termination
- Reinstate Gallo to his position
- Remove any references to either disciplinary action from Gallo’s record
- Restore all wages, benefits and seniority Gallo would have received but for the wrongful disciplinary actions
- Pay Gallo an amount that approximates the overtime hours and details he would have worked but for the wrongful disciplinary actions
No set dollar amount was listed in the court documents, so it is still unknown what the final sum awarded to Gallo will be.
