Ex-Fall River Police Chief Paul Gauvin to return to FRPD after termination reduced to suspension

A former Fall River police chief who was fired last year over alleged misconduct will return to the department after the Massachusetts Civil Service Commission reduced his termination to a 90-day suspension.

In a ruling issued Thursday, Commissioner Paul Stein found that the City proved only some of the charges against Paul Gauvin, and none of them were justification for firing him.

Stein wrote that the city showed just cause to discipline Gauvin “for neglectful, but not malicious, behavior” during the transition from police chief back to his civil service rank of captain. The commission upheld findings that Gauvin failed to properly document and handle certain firearms and left a live bullet in the chief’s desk when he vacated the office. However, the commission rejected the City’s claims of workplace harassment, improper compensatory time practices, and misappropriation of department property.

The Aguiar Firearms

According to the ruling, Gauvin stored unregistered firearms (the “Aguiar Firearms”) in his department locker for more than 10 years and forgot about them. In October 2024, while still serving as Chief, he rediscovered the guns but failed to document that the department had them or turn them over to the Evidence Room.

Simply keeping them locked in his locker was not a violation, however, he did violate the department’s Evidence and Property Policy by not recording their receipt and not turning them in. As Chief, this also constituted Conduct Unbecoming an Officer and a failure of Attention to Duty.

Bullet and Knife in Chief’s Desk Drawer

It was ruled that the knife in the Chief Furtado’s desk drawer was placed there by Gauvin, who said he had found it when he took over the office, used it to open packages, and left it behind. The presence of a live .40-caliber bullet in the same drawer was based only on circumstantial evidence, with no clear proof of when or how it got there.

Although Gauvin was responsible for both items remaining in the drawer when he last left the office, the Commission concluded the act was the result of neglect rather than any intentional effort to threaten or intimidate the incoming Chief Furtado. Factors supporting this included Gauvin’s long clean record, his conciliatory memo to the new chief, the lack of any proven history of threats or harassment, and the new chief’s own delayed and somewhat inconsistent reaction. Workplace harassment was ruled out because the conduct was not tied to any protected category.

Leaving a knife and live ammunition together in an unlocked drawer of an office being turned over to a known rival showed a lapse in judgment that violated several departmental rules on conduct unbecoming an officer, respect toward associates, attention to duty, and the code of ethics.

Improper Crediting of “Cashable” Compensatory Time

According to the ruling, “as to alleged violations prior to 2021, the evidence established that the charges were without merit and had originated from an erroneous reading by investigators who overlooked the fact that (Gauvin) then commanded the Uniform Division, for which the “8 & 6” compensatory time formula was applicable. 

“As to violations after (Gauvin) became the MCD commander, (he) did erroneously credit MCD supervisory and detective time using the wrong formula.  However, the undisputed evidence also established that this error was corrected by (Gauvin) in 2021, and no officer ever “cashed out” more than proper amount of compensatory time due. 

“Moreover, Chief Cardosa contemporaneously reviewed the matter in 2021 and concluded that the error was corrected, further investigation was unwarranted, and the matter was a “dead” issue…..according to a newspaper article in August 2024, Mayor Coogan was asked about the issue (then being raised in a lawsuit) and reportedly stated that he, too, understood the mistake had been fully rectified.”

Removal of Historical Photographs

Commissioner Paul Stein ruled that the charge that Gauvin improperly removed two historical photographs from the Chief’s office without permission is without merit. Only one historical photograph—the 1920s Muster Photograph—existed in the office; the second picture he removed was simply his own personal copy of a modern FRPD group photo, and there was never a Braga Bridge photograph present.

Gauvin took both items home temporarily because of insufficient storage space in his locker and the MCD commander’s office, with the clear intention of returning them when he resumed duty in January 2025. Department policy does not prohibit officers from temporarily taking non-evidence FRPD property home, and the relevant rule about surrendering property applies only upon separation from service, which had not occurred.

When the removal was questioned while he was still on leave, Gauvin promptly returned the historical photograph. There is no credible evidence that his actions were motivated by animosity toward Chief Furtado rather than practical storage needs.

Appealing the Decision

Either party may file a motion for reconsideration within ten days of receipt of the decision. The motion must identify a clerical or mechanical error in the order or decision or a significant factor the Agency or Stein may have overlooked in deciding the case.

Gauvin or the City may also initiate proceedings for judicial review.