Embattled former Hopkinton Police Sgt. Tim Brennan was suspended from his current job as a Milford patrol officer by the state’s police disciplinary agency pending a disciplinary hearing and a further look into the circumstances that led to his being fired by the HPD in February. The Milford police chief expressed frustration with the decision.

The Peace Officer Standings & Training (POST) Commission suspended Brennan on Aug. 15 from his position in Milford, which he has held for about a month, according to an email to the Independent from POST Commission spokesperson Alia Spring. Brennan was placed on unpaid administrative leave by the POST Commission pending the outcome of the hearing.

Spring added that “investigation times vary” when asked about a time frame for the POST Commission’s investigation into Brennan’s conduct and a potential hearing date. No date has been set.

The POST Commission on Monday afternoon released Brennan’s suspension notice after an inquiry from the Independent. Before the notice was released, Brennan had been listed on the POST Commission officer status database on Monday morning as “conditionally certified.” This status means that an officer “has met some certification requirements and must satisfy all requirements within a specified time frame.”

“The Commission finds by a preponderance of the evidence that suspension of the Respondent’s [Brennan’s] certification is warranted and is in the best interest of the safety and welfare of the public,” the notice concluded.

An excerpt states:

“The Commission received evidence supporting the conclusion that the Respondent had knowledge, in 2017, of a school resource officer allegedly having committed an indecent assault and battery against a student in 2004, when she was 14 years old. Also, the Respondent became aware in August 2022 that the same school resource officer had allegedly raped the same student, also when she was 14. The Respondent did not report the alleged indecent assault and battery or the alleged rape until after the District Attorney’s office initiated an investigation later in August 2022.”

HPD firing triggered POST Commission review

In February, a divisive Loudermill hearing process concluded with a 4-1 Select Board vote to terminate Brennan.

Brennan was accused of violating department policy by not reporting information about an alleged sexual assault by a colleague, former Deputy Chief John “Jay” Porter, relating to when Porter was serving as the school resource officer and the alleged survivor was a Hopkinton High School sophomore nearly two decades ago. Porter pleaded not guilty to three counts of child rape in May 2023 in Middlesex Superior Court. Brennan explained that he was prioritizing the confidentiality and safety of the alleged survivor, who placed her trust in him. He also raised issues about department policy during the hearing.

Porter’s trial is scheduled to begin Dec. 9.

The Loudermill hearing originally began Jan. 19 with a contentious public session at the Hopkinton Senior Center. As the Select Board neared a vote to dismiss Brennan, representatives for Brennan and the town asked for a continuance so that they could discuss a possible solution.

A group of Brennan’s supporters has been advocating for his reinstatement for months, including at May’s Annual Town Meeting.

When asked whether the Milford Police Department should have hired Brennan given his firing in Hopkinton and because Brennan’s case with the town remains in arbitration, Spring stated:

“Law Enforcement Agencies are encouraged to use all available resources when performing background checks on candidates for hire, including POST’s Historical Disciplinary Records Database. However, inclusion in the database does not automatically preclude a candidate from being hired by an agency.”

Milford police chief decries POST Commission decision

In an interview Monday afternoon, Milford Police Chief Robert Tusino said he did not agree with the POST Commission’s decision, calling it shortsighted.

“This whole thing stinks from top to bottom,” he said. “While I do think the POST Commission is a necessary thing to have police have accountability to citizens, I think they missed an opportunity to do the right thing.”

He noted that he previously worked in the New York City Police Department, including time in the special victims unit, so he understood Brennan’s rationale for wanting to protect the alleged survivor. He also said he would report the reasons why he made a decision to his superior officer.

“They were trying to do too much all at once,” he said of the POST Commission. “They should have had a well-defined guidance structure for discipline in place, like they have had in the NYPD’s Civilian Complaint Review Board for decades.”

The POST Commission was established in 2020 as part of criminal justice reform legislation. It was meant to help instill public confidence in law enforcement officers “by implementing a fair process for mandatory certification, discipline and training for all peace officers in the Commonwealth,” according to its website.

Tusino said he had never known Brennan personally, but that Milford detectives said he had cooperated with them on past investigations. He reached out to the POST Commission for its approval of hiring Brennan after Brennan went through a “thorough vetting process” that included Tusino and several Milford detectives.

Said Tusino: “I knew about Sgt. Brennan’s work ethic and integrity because of what the detectives who worked with him said.”

Regarding Brennan’s being “conditionally certified,” Tusino said he and the POST Commission butted heads.

“I told them that I needed a letter from the POST Commission saying that I had permission to hire him,” Tusino said. “They came back and said he need to get certified first. But I told them he couldn’t go ahead with the certification process until they sent the letter.”

Tusino said he received the letter about a month ago that gave Brennan 90 days to complete the certification process, which Tusino said Brennan completed in seven. It included a basic review of police duties such as filing reports and using a firearm.

“We submitted the results to the POST Commission within nine days,” he said, noting Brennan “passed with flying colors.” “Now that Officer Brennan did what they wanted him to do, they pulled the carpet out from under him and me.”

Tusino noted that Brennan “may never be able to work as a police officer again,” depending on the results of the POST Commission inquiry and disciplinary hearing.

“What I can’t wrap my head around regarding what happened in Hopkinton is that he got fired for doing exactly what the victim wanted him to do,” Tusino added. “He also would have had to report the victim’s information to Porter under their policy. That makes no sense.”

Questioned Tusino: “Could you imagine the pressure of being an officer trying to navigate this situation with an administration you don’t trust?”

Tusino added that Brennan “was the one who suggested going to an outside agency”  with the alleged survivor’s information, namely the Middlesex County District Attorney’s Office.

“There will be victims lurking in the shadows because of this decision,” Tusino said. “ ‘No cop will ever want to help me after seeing this,’ they’ll think.”