NP attorney Gary Nolan represented NEPBA Local 8B's Mark Bourque, a Tyngsboro Police Sergeant terminated in 2021, in a marathon battle to clear his name and reclaim the job he performed so well for 27-years. On January 10, 2025, after 7-days of testimony, an Arbitrator completely rejected every single allegation levied by the the Town, and ordered that Sgt. Bourque be reinstated to his position with full back pay, including lost details, overtime, and wages, all with interest, back to 2021.
By way of summary, Sgt. Bourque was one of several individuals (including licensed medical professionals) who received medication prescriptions over a period of years from a physician's assistant (PA). Uknown to Bourque and the others involved, the PA, who was licensed for decades to issue prescriptions, had not complied with his own internal review process. Bourque, the only patient charged in connection with the investigation, was eventually fully cleared by the courts. Importantly, the District Attorney's office authored an internal memorandum as early as January 2021, in which it determined that (1) there was no probable cause for the charges against Bourque, (2) the prescriptions issued were for legitimate medical needs, and (3) there was no evidence of abuse. The town witheld that important document from the union until after it fired Sgt. Bourque. That document, and the Police Administration's wilfull failure to disclose it to the union, Sgt. Bourque, or the Town's Select Board, was central to the union's arguments in the case.
As you can see from the decision, the Arbitrator agreed entirely with Sgt. Bourque, who he found to be completely credible. The Arbitrator found absolutely no evidence of wrongdoing by Sgt. Bourque, and also that that the Town's allegations, admittedly, were mostly based on speculation. We could not be happier for Sgt. Bourque and NEPBA Local 8B.