Petrolati has challenged a subpoena to testify about hiring practices at what Patrick calls a "rogue agency."
SPRINGFIELD - One week after state Rep. Thomas M. Petrolati challenged a subpoena to testify about hiring practices at the state Probation Department, Gov. Deval L. Patrick and independent gubernatorial challenger Timothy P. Cahill are calling for the Ludlow legislator to cooperate with the investigation.
Patrick and Cahill expressed disappointment that the third-ranking member of the state House of Representatives is opposing a subpoena to testify and provide documents to special counsel Paul F. Ware Jr.
Calling Petrolati’s objections to testifying “very troubling,” Patrick urged probation staffers and legislators to cooperate with the investigation. The governor said the department has become a “rogue agency,” lacking transparency and accountability.
Cahill also encouraged Petrolati to testify, adding, “Anyone who is subpoenaed or asked to speak on this issue should fully participate, so a solution can be reached.”
Republican candidate Charles Baker could not be reached for comment Thursday.
The Probation Department investigation began after a Boston Globe investigation linked hiring and promotions within the department to campaign donations and political ties.
The newspaper referred to Petrolati as the ‘king of patronage” in courthouse across Western Mass., and said more than 90 of his backers, including his wife and the husband of his top aide, are on the department’s payroll.
Probation Commissioner John J. O’Brien was suspended with pay until the investigation is completed; no deadline for a report has been set, but O’Brien and other department staffers have already given testimony.
Petrolati’s lawyer, John P. Pucci, of Northampton, filed a motion to block Ware’s subpoena last week, arguing that the special counsel was appointed to investigate the state Trial Court employees, not legislators.
Pucci said forcing his client to testify would violate the separation of powers provision in the state constitution, which grants equal power to the legislative, judicial and executive branches.
“It might be that the people who are putting their short-term political interests are served by demanding that (Petrolati) not raise this issue; but he is raising it on behalf of an entire branch of the government,” Pucci said.
“It would be really nice if the executive office could have the same concern for the state constitution as they have for enhancing their chances to win an election,” he added.