UPDATE: Tuesday, Dec. 9
Town Clerk Robin Michaud released new details Dec. 9 about citations written to parents of minors allegedly caught drinking at house parties in Marblehead. From 2009 to 2017, Michaud said there were 160 citations written to parents whose kids were drinking. Here is that list:
2009 – 23
2010- 25
2011 – 25
2012 – 4
2013 – 4
2014 – 0
2015 – 25
2016 – 26
2017 – 28
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Police Chief Dennis King answered accusations that he is not enforcing local and state social host laws that make anyone who gives alcohol to a minor or allows underage drinking on property they control responsible for the consequences. The laws are designed to prevent and/or address risky and harmful drinking behavior, King said.
“As police chief, I strongly believe that criminal charges alone do not change a young person’s trajectory; consistent support, intervention and measured accountability do,” King wrote in a statement released late Monday. “Our goal is not to criminalize Marblehead’s youth, but to nurture them.”
King continued, “When enforcing Social Host Law, which we do in Marblehead, not every call meets the legal threshold for charges or fines, and both a juvenile and/or an adult may face them. Many situations require careful investigation, documentation, parental engagement and, whenever it is appropriate, an arrest or diversion may occur. When enforcement is warranted, we pursue it through criminal complaints or local bylaw citations. When education and redirection will more effectively prevent future harm, we use those tools as well.”
At a Nov. 24 meeting, Board of Health member Tom McMahon accused King of failing to issue social host citations and, thereby, putting residents at risk.
“No fine has been issued related to these laws since 2017,” McMahon said. “So, we have the tools to address this issue, and we aren’t using them. You might ask, ‘Well, maybe the police aren’t catching these people.’ Buy a police scanner. They’re breaking up these parties all the time at the same houses. The officers are taking orders from the top.”
In response to a request from the Current, Town Clerk Robin Michaud released the list of citations dating back to 2009. She clarified later that these $125 citations were given to adults responsible for the houses where drinking parties were held.
2009 – 5
2010 – 5
2011 – 1
2012 – 1
2014 – 2
2015 – 1
2016 – 1
2017 – 3
She confirmed there had been no citations of either type since 2017.
Taking aim at King, McMahon continued at the Nov. 24 meeting, “This lack of action comes from the style of the police chief. That style is counterproductive and ignorant. It needs to stop. There is zero fear of consequence for these parents who are breaking the law and endangering the youth.”
McMahon said he is part of a leadership group — with members of the School Committee, Recreation and Parks Commission and Select Board — discussing underage drinking in Marblehead. He is urging the Select Board, which oversees the police chief, to do more.
“We need the chief to revisit his position on handling this issue, which has proven to be a failure and only caused the problem to escalate,” McMahon said. “We also need the Select Board to make sure he does so. “This shouldn’t be a debate. I shouldn’t have to do what a Select Board member suggested and sit down and have a conversation with the chief about enforcing these laws — that’s ridiculous. This is his job, and not doing that job or picking and choosing which laws to enforce is putting all our kids at risk.”
In his statement, King said, “As a department, we have several measures in place to support youths through community-based measures. I have worked with Juvenile Probation to develop and implement the successful On Point program, which has earned a strong reputation as an alternative to detention, geared to rehabilitate through structured engagement rather than simply punitive measures. School Resource Officer Sweeney is also available for students and families. I have full trust in him as we develop approaches together in response to identified trends involving youth in town, including underaged drinking.”
King added: “Marblehead Police are committed to intervening early to prevent harm before it escalates; applying the Social Host Law fairly, consistently and transparently; using diversion when it can meaningfully support a young person’s development; and working closely with families, schools and community organizations to actively hear and incorporate community perspectives.”
Select Board chair defends King
Select Board Chair Dan Fox responded to McMahon’s comments on Nov. 25.
“Let me state this plainly and unequivocally: I have full confidence in Chief Dennis King… The statements made at the Board of Health meeting, including the allegation that ‘orders from the top’ prevent enforcement of social hosting laws and the characterization of the chief’s leadership as ‘counterproductive and ignorant,’ are inaccurate, unsupported and deeply unfair,” Fox wrote in a statement to the Current. “They also reflect a misunderstanding of how these laws are enforced. Social hosting investigations require meeting specific legal standards of evidence and due process. Enforcement is not as simple as issuing a citation on demand.”
Fox also criticized the way McMahon handled his comments about King.
“Just as concerning as the content of the accusation is the method used to deliver it,” Fox wrote. “Making a serious allegation of misconduct against a department head, without first speaking to Chief King, town staff or any Select Board member, or seeking to verify the facts, is not an appropriate or responsible way to raise concerns. Publicly leveling unvetted accusations at a televised meeting does not foster cooperation; it undermines trust, damages working relationships and does a disservice to the public.”
Fox continued, “I share the community’s concern about underage drinking and social hosting. These issues deserve focused, coordinated and informed action. That is why I have been actively gathering information, speaking with town staff and reviewing the facts. That work is ongoing and will continue in a professional and respectful manner.”
