ROCKPORT, Maine — The Maine Criminal Justice Academy Board has voted to revoke the certification of former Rockport Police Chief Mark Kelley and approved a consent decree with one of the department’s officers after a review showed that inaccurate training reports were filed with the state.
The discrepancies in the training records were discovered in May during a review of the department prompted by a high-speed chase that resulted in the deaths of two teenagers.
Kelley said Friday that the filing of the inaccurate reports to the state was an unintentional mistake on his part.
The board voted unanimously Sept. 16 to revoke Kelley’s certification as a police officer. The board also voted to enter into consent agreement with Rockport Officer Craig Cooley.
Kelley announced in May his retirement as chief effective July 1.
Since then, Rockport has contracted with Camden for its chief, Randy Gagne, to serve as Rockport’s chief. Officers from both departments have also been sworn in so that they can serve in both communities.
Kelley said Friday he was unaware of the vote by the academy board. He said he had been out of the country and only recently returned.
The errors in the training records were found in May by Municipal Resources Inc. of Meredith, New Hampshire, which the town had hired to review police department policies and to make recommendations as a result of those findings. Rockport Town Manager Rick Bates said last week that the town was finalizing its review of the department.
The town manager said the review found that the chief had submitted inaccurate training records for himself, Cooley and Sgt. Travis Ford.
State law allows the criminal justice board to revoke the certificate of an officer for a variety of reasons, such as criminal convictions. The law also allows an officer’s certification to be revoked for “falsifying or misrepresenting material facts in obtaining or maintaining a certificate issued by the board.”
Kelley said he is sorry about the mistake and he is content with the 38 years he has served the public in law enforcement.
“Today in this environment for police, regardless of the size of a mistake, there is no room for it,” Kelley said.
Kelley has 30 days to appeal the vote of the board to revoke his certification. He said he did not know if he would appeal, since he had not seen the ruling.
He said his feelings are still raw over the review and the scrutiny over the inaccurate records.
“This was not a fun thing to go through. This was not a good experience. It’s a shame that it happened,” the former chief said.
Kelley served the Rockport Police Department for more than 30 years. He started as a patrol officer and was promoted to captain in 1996. A year later, he was named chief, a post he held for 19 years.
Details on what training was missed were not available from the state. Kelley said it was one hour of mandatory training on dealing with elder abuse. Terms of the consent agreement will be available after it is signed by both the state and Cooley.
The town hired MRI in response to the Dec. 5 high-speed pursuit by Cooley of a teenager who was speeding. The late-night chase lasted four minutes along Route 17 and ended on Wotton’s Mill Road in Union when the 2001 Subaru Outback, driven by 17-year-old Caleb Byras of Litchfield, crashed into a tree and split into two pieces. Byras and a passenger, 16-year-old Kara Brewer of Rockland, died at the scene. Another passenger, Emily Vitale, 17, of Warren, survived with injuries to one of her ankles.
Rockport settled two legal claims earlier this month filed on behalf of Brewer’s estate and for Vitale. The Maine Municipal Association Property & Casualty Pool paid $200,000 to the Brewer estate and $100,000 to Jeri Vitale of Warren on behalf of her daughter.
The claims pointed out that the Rockport department’s policy only allows full-time law enforcement officers to participate in a high-speed pursuit. Cooley was not certified as a full-time officer but as a part-time officer. The notices also argued that Cooley violated the provision that states a law enforcement officer “shall not engage in high-speed pursuit if the operator is known” to the officer unless there is “a serious indication of further violent actions if not immediately apprehended.”
In the past 20 years, Cooley has split his time between being the administrative assistant to the chief and a patrol officer with the Rockport Police Department. The town took him off patrol duties after the crash and he remains as the administrative assistant.
The union representative for the Rockport officers, Joseph Piccone, said Monday he had no comment on the action by the state board.