For one year, Duxbury police Officer Scott Myers said he was injured on the job, claiming he couldn't even do deskwork. Throughout the year, Myers collected disability pay.
NewsCenter 5's Janet Wu reported that now, Myers has been fired after a private investigator caught Myers on videotape at work at his pizza shop.
He is a 20-year veteran of the force and a lifelong resident of Duxbury. Now, some wonder whether Myers was faking a back injury so he could collect disability and devote time to his pizza parlor in the next town. Others say that running a food business a lot less strenuous than the potential problems of deskwork.
Myers was videotaped shot by an undercover detective who followed him for eight days last fall. The officer had been on disability leave since June 2002. Duxbury's police chief offered him desk duty, but he refused. On the video, Myers is seen sorting and dumping trash behind his store and building shelves.
"My decision was made a whole lot easier when I saw the videotape. If he could not perform his duties sitting at the desk, answering the phone, standing at the desk, but he could work in that pizza shop, he should have been able to perform some duty for the law enforcement department, and he didn't do it," Duxbury Town Manager Rocco Longo said.
His attorney, however, claims that answering the telephone isn't the only potential duties Myers would face if he accepted desk duty.
"People go into the stations, domestic disturbances overflow into the police station. It happens regularly. Does it happen every night? No, but it can happen. You don't always pay police for what they do, but for what they may have to do. The town's own doctors said that he can not do those functions," Myers' attorney Douglas Louison said.
"I would say to the doctor, let the doctor look at the film and he can make the diagnosis," Longo said.
Longo, who made the decision earlier this week to fire Myers, said the officer's history also was considered. Myers had been disciplined and suspended several times for abusing sick leave and failing to produce $3,000 of evidence in a case he handled.
"The department is embarrassed about what happened. It makes all police officers look bad," Duxbury Police Department Lt. Roger Banfill said.
Myers has filed an appeal to the Civil Service Commission. A preliminary hearing won't be set for months. But his attorney said that Myers' injury is not permanent, his pain is not daily and he expects to return to work some day.