| An Important Message from Wellesley Police Chief Cunningham Regarding the Flagman/Detail Officer Issue in Wellesley |
To the Editor:
At the recent Special Town Meeting
a resident asked if the Town of Wellesley would
see flaggers directing traffic in Wellesley any
time soon. Therefore, I would like to provide
some clarification regarding this detail/flagger
issue.
First, we must acknowledge that although many police officers perform their duties admirably while
assigned to an outside detail, there have also been officers in some communities that have appeared
inattentive, which has exacerbated the public’s ire. I think Wellesley residents will agree that our
officers are alert and helpful, and we have procedures in place to ensure this.
There are, however, a number of issues that have been recently discussed that need some clarification:
Myth: Massachusetts is the only state that uses police officers to control traffic at construction sites.
Fact: All New England states, and many states in other regions, use police officers at construction
sites, which are occasionally augmented by flaggers.
Myth: By removing officers from construction locations and replacing them with flaggers the
commonwealth will recognize a significant cost savings.
Fact: Flaggers in the Commonwealth must be paid the prevailing wage. The state is broken out by
zones for purposes of determining the prevailing wage. Where we are located, in the Metro Boston
area, the prevailing wage for a flagger is $34.85 per hour. Flaggers also have minimum hour
requirements. In comparison, the detail rate of a Wellesley Police Officer is $36.00 an hour. When a
flagger works beyond 8 hours they are compensated at a time and one half rate. When our officers
work a detail beyond 8 hours the rate remains unchanged.
Myth: If the police officer is relieved of the detail assignment he or she can now patrol and provide
necessary police functions such as controlling crime, traffic enforcement and catching criminals.
Fact: Police officers working details are on their time off. If they weren’t on a detail, they would be at
home or working a second job. Rolling back details won’t put more officers on the street, it will take
many of them off the street.
Myth: The money that is earned on a detail is added to the computation for retirement allowances.
Fact: Neither overtime nor detail compensation is included in the retirement calculation for any state
or municipal police officer.
There are a number of associated issues that I’m concerned with, both as they relate to removing police
officers from construction site locations and more importantly, as they relate to local control of
construction sites. As the Massachusetts Municipal Association noted in a recent advisory, the
recently enacted detail regulations remove the local official’s authority to determine whether any traffic
control is necessary, to include road closures, detours and/or adjustments to traffic patterns when
adjustments are necessary. According to the regulations “The Final Authority” in a Construction Zone
is the “Authorized Representative”, who by definition is not the Police Chief or local official. In
essence they are saying that Police Chiefs and local officials do not have the authority to manage
flaggers that are directing traffic, or to alter their methods during traffic congestion or emergencies.
Additionally, if a contractor closes a road with flaggers, that traffic is diverted onto the local streets
where the responsibility then falls to the Town of Wellesley. According to the regulations, the Town
must then be responsible for the cost of any additional officers that are necessary to assist with the
traffic conditions.
There are a number of advantages for the Town of Wellesley to continue using sworn police officers on
details rather than flaggers:
• Police Officers on detail ensure that traffic flows safely and efficiently in work zones. Their police
powers, not possessed by flaggers, ensure that their directions will be followed and that traffic passage
will be orderly and safe for drivers, passengers, pedestrians and workers.
• Police Officers are trained for and required to provide emergency medical care to anyone within
their area of assignment. Flaggers are not so trained and have no obligation to assist a motorist,
passenger, pedestrian or worker in distress. In a recent case, one of our officers, assigned to a road
detail, received a police radio broadcast and immediately responded to a choking victim. The officer
was able to provide the necessary medical services to save the individual.
• Police Officers on detail supplement the police officers on regular assignment. They exponentially
expand the number of police officers immediately available to respond to emergencies unrelated to
their details. They have communications directly with the police department, fire department and
emergency medical services.
• Police Officers on detail provide a police visibility and presence throughout our communities that
would be prohibitively expensive to replicate. It is well acknowledged that their mere presence is a
deterrent to criminal activities such as bank robberies and shopliftings.
• Police Officers are trained to deescalate tense situations while flaggers are not; all police officers
are required to undergo extensive training at the police academy under state guidelines before
beginning employment; most of our police officers are better able to analyze and assess potential
problems at a detail site and can respond effectively and professionally to situations presented.
Typically, flaggers have minimal required training and are therefore less able to deal with a myriad of
situations that present themselves at a detail site.
• Our police officers undergo extensive background checks and psychological screening and are
not employed by us unless they present themselves professionally with a service-oriented mindset.
There are no similar background requirements or psychological requirements for flaggers who would be
working in our community and in our neighborhoods.
• As it relates to my authority as the Chief of Police, currently we prioritize locations where officers
are to be assigned on details based on traffic volume, accident frequency, road conditions and
availability of appropriate personnel. When we have multiple simultaneous work sites, our supervisors
are better able to coordinate traffic direction throughout the town. While individual contractors only
consider their specific construction site, we must coordinate the effects of one job on numerous other
projects in our cities and towns and adjacent communities.
• Additionally, I sincerely believe that eliminating construction detail opportunities for officers will
significantly reduce our ability to attract and retain quality officers. In an environment that is already
challenging to attract quality police officer candidates this presents yet another hurdle for us.
The use of sworn police officers assigned on traffic details appreciably augments our patrol force. This
is a period in which the Town of Wellesley needs to get more for their money, not less. I strongly
believe that for the cost of the additional $1.15 an hour, weighing public safety in the balance, we should
continue taking an efficient, dispassionate and professional approach by continuing to deploy police
officers to appropriate private details.
Terrence M. Cunningham
Chief of Police
At the recent Special Town Meeting
a resident asked if the Town of Wellesley would
see flaggers directing traffic in Wellesley any
time soon. Therefore, I would like to provide
some clarification regarding this detail/flagger
issue.
First, we must acknowledge that although many police officers perform their duties admirably while
assigned to an outside detail, there have also been officers in some communities that have appeared
inattentive, which has exacerbated the public’s ire. I think Wellesley residents will agree that our
officers are alert and helpful, and we have procedures in place to ensure this.
There are, however, a number of issues that have been recently discussed that need some clarification:
Myth: Massachusetts is the only state that uses police officers to control traffic at construction sites.
Fact: All New England states, and many states in other regions, use police officers at construction
sites, which are occasionally augmented by flaggers.
Myth: By removing officers from construction locations and replacing them with flaggers the
commonwealth will recognize a significant cost savings.
Fact: Flaggers in the Commonwealth must be paid the prevailing wage. The state is broken out by
zones for purposes of determining the prevailing wage. Where we are located, in the Metro Boston
area, the prevailing wage for a flagger is $34.85 per hour. Flaggers also have minimum hour
requirements. In comparison, the detail rate of a Wellesley Police Officer is $36.00 an hour. When a
flagger works beyond 8 hours they are compensated at a time and one half rate. When our officers
work a detail beyond 8 hours the rate remains unchanged.
Myth: If the police officer is relieved of the detail assignment he or she can now patrol and provide
necessary police functions such as controlling crime, traffic enforcement and catching criminals.
Fact: Police officers working details are on their time off. If they weren’t on a detail, they would be at
home or working a second job. Rolling back details won’t put more officers on the street, it will take
many of them off the street.
Myth: The money that is earned on a detail is added to the computation for retirement allowances.
Fact: Neither overtime nor detail compensation is included in the retirement calculation for any state
or municipal police officer.
There are a number of associated issues that I’m concerned with, both as they relate to removing police
officers from construction site locations and more importantly, as they relate to local control of
construction sites. As the Massachusetts Municipal Association noted in a recent advisory, the
recently enacted detail regulations remove the local official’s authority to determine whether any traffic
control is necessary, to include road closures, detours and/or adjustments to traffic patterns when
adjustments are necessary. According to the regulations “The Final Authority” in a Construction Zone
is the “Authorized Representative”, who by definition is not the Police Chief or local official. In
essence they are saying that Police Chiefs and local officials do not have the authority to manage
flaggers that are directing traffic, or to alter their methods during traffic congestion or emergencies.
Additionally, if a contractor closes a road with flaggers, that traffic is diverted onto the local streets
where the responsibility then falls to the Town of Wellesley. According to the regulations, the Town
must then be responsible for the cost of any additional officers that are necessary to assist with the
traffic conditions.
There are a number of advantages for the Town of Wellesley to continue using sworn police officers on
details rather than flaggers:
• Police Officers on detail ensure that traffic flows safely and efficiently in work zones. Their police
powers, not possessed by flaggers, ensure that their directions will be followed and that traffic passage
will be orderly and safe for drivers, passengers, pedestrians and workers.
• Police Officers are trained for and required to provide emergency medical care to anyone within
their area of assignment. Flaggers are not so trained and have no obligation to assist a motorist,
passenger, pedestrian or worker in distress. In a recent case, one of our officers, assigned to a road
detail, received a police radio broadcast and immediately responded to a choking victim. The officer
was able to provide the necessary medical services to save the individual.
• Police Officers on detail supplement the police officers on regular assignment. They exponentially
expand the number of police officers immediately available to respond to emergencies unrelated to
their details. They have communications directly with the police department, fire department and
emergency medical services.
• Police Officers on detail provide a police visibility and presence throughout our communities that
would be prohibitively expensive to replicate. It is well acknowledged that their mere presence is a
deterrent to criminal activities such as bank robberies and shopliftings.
• Police Officers are trained to deescalate tense situations while flaggers are not; all police officers
are required to undergo extensive training at the police academy under state guidelines before
beginning employment; most of our police officers are better able to analyze and assess potential
problems at a detail site and can respond effectively and professionally to situations presented.
Typically, flaggers have minimal required training and are therefore less able to deal with a myriad of
situations that present themselves at a detail site.
• Our police officers undergo extensive background checks and psychological screening and are
not employed by us unless they present themselves professionally with a service-oriented mindset.
There are no similar background requirements or psychological requirements for flaggers who would be
working in our community and in our neighborhoods.
• As it relates to my authority as the Chief of Police, currently we prioritize locations where officers
are to be assigned on details based on traffic volume, accident frequency, road conditions and
availability of appropriate personnel. When we have multiple simultaneous work sites, our supervisors
are better able to coordinate traffic direction throughout the town. While individual contractors only
consider their specific construction site, we must coordinate the effects of one job on numerous other
projects in our cities and towns and adjacent communities.
• Additionally, I sincerely believe that eliminating construction detail opportunities for officers will
significantly reduce our ability to attract and retain quality officers. In an environment that is already
challenging to attract quality police officer candidates this presents yet another hurdle for us.
The use of sworn police officers assigned on traffic details appreciably augments our patrol force. This
is a period in which the Town of Wellesley needs to get more for their money, not less. I strongly
believe that for the cost of the additional $1.15 an hour, weighing public safety in the balance, we should
continue taking an efficient, dispassionate and professional approach by continuing to deploy police
officers to appropriate private details.
Terrence M. Cunningham
Chief of Police
Chief Terrence Cunningham has been a Wellesley Police Officer since 1983. He has served in a multitude of
assignments in Wellesley, and has served at every rank in the department. Chief Cunningham is a graduate of the
prestigious FBI National Academy, and was appointed Chief of Police in 1999. In December of 2008 he will
become the president of the Massachusetts Chief's of Police Association after serving as the vice president. Chief
Cunningham is married and is a resident of Wellesley, where he was born and raised.
assignments in Wellesley, and has served at every rank in the department. Chief Cunningham is a graduate of the
prestigious FBI National Academy, and was appointed Chief of Police in 1999. In December of 2008 he will
become the president of the Massachusetts Chief's of Police Association after serving as the vice president. Chief
Cunningham is married and is a resident of Wellesley, where he was born and raised.
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