Politics & Government

Troubled Danvers Tavern's Bartender Is An Ex-MBTA Police Officer

Ken Berg resigned from the MBTA Transit Police in 2017 after being accused of submitting fraudulent requests for overtime pay.

DANVERS, MA — A bartender at a troubled Danvers bar who has routinely appeared before the Board of Selectmen is an ex-MBTA Transit Police officer who resigned after being accused of submitting time cards for thousands of dollars in fraudulent overtime. Kenneth Berg, 53, of Danvers, resigned from the MBTA Police in 2017 and later had his application for a private investigator's license denied by the Massachusetts State Police. In his last full year of employment with the MBTA, Berg earned $107,281.72, including overtime.

In 2016, Berg ran for Essex County Sheriff. In 2015, he was a finalist for chief of Salem police. More recently, however, he has been working at the Osborn Tavern. The bar has been the target of frequent complaints since last summer, including one involving a former State Police officer who was also forced to reign.

Berg and Robert Jubinville, the criminal defense attorney who negotiated his resignation from the MBTA, did not respond to requests for comment.

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MBTA Transit Police Superintendent Richard Sullivan said the agency had no comment on Berg. Patch has filed a public records request with the MBTA Transit Police for documents related to Berg's resignation.

In addition to his work at the Osborn, Berg has worked as a real estate agent since last year. Last June, Berg and his wife Kristina formed Regent Group LLC, according to the Massachusetts Secretary of State. Corporate filings say the purpose of the company is to manage and operate a restaurant. In 2017, he formed Sentinel Investigative Group LLC which, according to state records, was formed to offer "private investigations and executive protection."

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All five members of the Danvers Board of Selectmen were sent an anonymous letter Wednesday outlining Berg's background. A copy of that letter was also sent to Danvers Patch, which confirmed the allegations outlined in the letter.

Selectmen Gardner Trask and Dan Bennett declined comment Thursday. Patch has asked the other three selectmen for comment and will update this story if we hear back from them.

Berg and his wife Kristina, who also works at the bar, appeared at a December selectmen's meeting in which the board suspended the Osborn's liquor license for three days. Berg told selectmen the bar had made changes to prevent future problems, including switching to 14 ounce from 16 ounce servings of beer and training bartenders to make more "responsible pours."

"The changes have been implemented, and they are working well," he said at the meeting.

Problems At Bar Started In The Summer

Berg is the second former police officer to find work at the Osborn. In July, former State Police officer Leigha Genduso was at the center of a brawl that was the first in a series of incidents that ultimately led selectmen to suspend the bar's liquor license for three days in January. Genduso was suspended in February and resigned in August from her job with the State Police after an investigation revealed she had been involved in a drug-dealing operation seven years before she was hired as a state police officer.

The July 4th weekend fight led to the suspension of the bar's liquor license and increased scrutiny in the subsequent months that led to more violations and more disciplinary action by selectmen. Genduso eventually quit, claiming in a self-published memoir that "constant" prank calls from radio talk show host Howie Carr left her feeling "awful" for the bar's owners.

Owners of the Osborn Tavern filed an appeal in January of the second, two-day suspension of its liquor license by the Danvers Board of Selectmen with the Massachusetts Alcoholic Beverage Control Commission. Liquor law violations reported in November prompted Danvers Selectmen to suspend the Osborn Tavern's liquor license for four days. The tavern served the first day of its suspension, as scheduled, on Jan. 2.

That one-day suspension stemmed from the July 4th fight, but selectmen agreed to put off the suspension for one year and waive it if the bar did not violate terms of its license in that time frame.

On Nov. 2 police responded to a report of a fight that was started by a man and woman who were "heavily intoxicated," according to police reports. Then on Nov. 10, police found a man sleeping in his car behind the Osborn because, he told police, he was too drunk to drive home.

In June, Osborn Tavern LLC filed for Chapter 11 bankruptcy protection in U.S. Bankruptcy Court. According to court documents, the Osborn Tavern has liabilities between $500,000 and $1 million. The case is still pending.

Dave Copeland can be reached at dave.copeland@patch.com or by calling 617-433-7851. Follow him on Twitter (@CopeWrites) and Facebook (/copewrites).

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