Patriot Place police details remain to be worked out
BY FRANK MORTIMER SUN CHRONICLE STAFF
Thursday, June 26, 2008 1:57 AM EDT
FOXBORO - With the vast Patriot Place mall set to open in August, state and local police still have to work out key points over jurisdiction when police details are needed.
The office of attorney general Martha Coakley last Thursday approved a new town bylaw, passed by a special town meeting last December, giving Foxboro's police chief broad discretion in requiring police details, including for traffic.
While approving the bylaw, Assistant Attorney General Kelli Gunagan wrote that the office is concerned that "the bylaw does not address the concurrent jurisdiction of the Massachusetts State Police ..."
The attorney cautioned the town to discuss with town counsel and with the state police "how best to interpret and apply the by-law in a matter that recognizes the concurrent jurisdiction of the state police on Massachusetts highways."
The office offered the view that terms of the bylaw are satisfied when state police assert jurisdiction and provide a state police detail on state highways and other public ways maintained by the state.
O'Leary appeared before selectmen Tuesday night with Sgt. Mike Grace and Town Counsel Richard Gelerman to discuss the issue.
Grace said the matter has statewide implications and that there is no case law governing the state/local jurisdictional issue.
Foxboro police say that when trouble arises at Patriot Place, which will have 12 liquor-serving establishments, the local police will be the ones often called.
O'Leary said he has already met with state police brass to start to hash out the issue and plans to meet with them again.
The bylaw also requires him to put into writing the criteria for requiring and assigning police details.
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jose21 wrote on Jun 26, 2008 10:34 AM:
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