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Jun 10, 2009 5:08 PMPublication: The Southampton Press

Board rescinds motion but still targeting Westhampton Beach Village police chief

Jun 10, 2009 5:08 PM

The Westhampton Beach Village Board last week reversed a decision—one made eight days earlier, behind closed doors and in violation of New York State’s Open Meetings Law—to take back hundreds of hours of compensatory time accrued by Police Chief Ray Dean.

But the issue is far from resolved: Last Thursday night, June 4, the board directed Village Clerk Kathy McGinnis to “ascertain and calculate ... the total number of hours of compensatory time earned, accrued, taken, carried over and/or paid to or by the police chief” dating back to May 6, 1999, his first day on the job.

The same resolution, which passed by a 4-0 margin, with Mayor Conrad Teller declining to cast a vote, requires that Ms. McGinnis consult with the village’s attorneys to explore all options—including litigation—to recover any time earned, paid and carried over by Chief Dean beyond limits set in his employment contract during his decade-long tenure with the village.

The board voted on June 4 to rescind “any and all resolutions” approved during their illegal May 27 executive session. One resolution approved that night would have eliminated compensation for any hours the police chief earned beyond the 200-hour limit set in his contract.

“The board has since learned that the action it took in executive session should more properly have been taken in public session,” said Trustee Toni-Jo Birk, the board’s liaison to the village’s police department, while reading from the resolution during last week’s meeting.

Mayor Teller explained on Friday that the board adopted the modified proposal because the original resolution—introduced by Trustee Joan Levan and seconded by Deputy Mayor Jim Kametler—was unlawful and did not follow proper procedure.

At the same regularly scheduled meeting on June 4, which was attended by about 60 people, including Chief Dean, the Village Board declared that the police chief’s expired contract was never “binding and enforceable.”

The board’s questioning of the validity of the police chief’s expired contract sparked debate among those in attendance, some of whom asked how the board could invalidate the contract and recoup the compensatory time that had been accrued by Chief Dean. Others have speculated that the board was publicly stating its opinion about the chief’s old contract, while at the same time negotiating the terms of a new contract behind closed doors.

According to his contract, Chief Dean earns a base salary of $149,624, though he also receives nearly $55,000 in benefits, including sick and vacation time, as well as medical benefits. In comparison, Southampton Village Police Chief William Wilson earns a base salary of $158,992.78 and receives $45,129.49 in benefits, for a total of $204,122.27 in compensation, while East Hampton Village Police Chief Gerard Larsen collects a base salary of $158,742 and benefits totaling $41,768, for a grand total of $200,510 in compensation.

“How can you change the contract?” asked village resident and former Westhampton Beach Trustee Mark Raynor, referring to Chief Dean’s expired agreement. “He has an existing contract, which is in effect until a new one is signed.” A clause in Chief Dean’s expired contract notes that it “shall remain in effect until execution of a successor agreement.”

In response to the question, Westhampton Beach Village Attorney Bo Bishop said he could only reiterate the board’s opinion that the original contract was never valid.

The wording of the resolution approved last week suggests that board members, who are currently holding contract negotiations with Chief Dean, might challenge the validity of the expired agreement, which was ratified by a different administration.

“The board has to make a determination as to what steps it wants to take,” Mr. Bishop said when reached on Friday morning, adding that board members have directed their labor counsel to investigate all options. “When and if this becomes right for judicial action, it would be up to a court to make a determination.”

Richard Zuckerman, the labor attorney for the Village Board, explained that if Ms. McGinnis discovers that Chief Dean accrued more compensatory time than he was allowed, the board would then ask him to give those hours back. If Chief Dean refuses, Mr. Zuckerman said the board could sue him to recoup the time.

“If the trustees decide that they want to do it, then they will let us know and we will proceed accordingly,” he said.

When reached on Tuesday, Ms. 
Birk said she could not comment as 
to whether or not the board was considering legal action.

Chief Dean, who did not address the board during last Thursday night’s meeting, did not return calls this week.

If he had retired at the end of 2008, the year when he received the highest salary, and cashed out 200 hours of compensatory time, Chief Dean would have collected $16,124 for that time, according to Ms. McGinnis.

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so 583.75 divided by a 35 hour/week work week means he has almost 17 weeks. so let him take next november to march off.
By davidf (325), hampton bays on Jun 5, 09 3:09 PM
The practice of accumulating comp time has been going on for 10 years and now everyone is outraged. Seems unfair to me-50 hours a year is nothing. That was the deal instead of over time pay. Chief Dean earned it and should be paid.
By westhamptonboy (227), Westhampton on Jun 5, 09 4:32 PM
The Chief's contract being retroactive to his start date should of allowed a grandfather clause from 1999-2004. Although sick ,comp, vacation time build up your pension by a small percentage on retirement, there is a limit. A lot of village and town boards hate it because it can do a job on their budget when the guy retires. 200k to 300k plus payouts for this is not uncommon.
By BruceB (142), Sag Harbor on Jun 5, 09 5:29 PM
Between this and that un necessary police headquarters that they built i dont think there has ever been a bigger waste of resources ever. The police sit at the end of oneck road all day drinking coffee. What crime other than 7-11 theft is there in WHB?
By slamminsammy (104), Hampton Bays on Jun 5, 09 6:39 PM
Hey, Slammin Sammy: are the police personally guarding Joan Levan's property? She lives down there! I wonder what's in it for them, besides losing a boss who plays by the book. She spearheaded this illegal , vicious, and ridiculous witch hunt, as evidenced by the behind the scenes votes. Beware those who fall a'foul of Levan's ambitions!
Further, that "lawyer-talk" quote?
" The Village Board declared that the police chief’s expired contract was never “binding and enforceable.”
The ...more
By RUSerious? (3), westhampton beach on Jun 5, 09 7:04 PM
Well as I have stated other cooments in other articals.When we had crime in town last fall.
What police department was 1st to respond to the Post Stop restraunt after a hold up at gun point.
Answer..... SOUTHAMPTON PD
Was anyone convicted of any of the crime's last fall????
Answer......NO
People have stated Dean made a arrest on main street and was in a picture in the paper BIG DEAL!!!!!!!!!!!!!!!
Were was he the night of the Post Stop???????
What about the COP OWNED ...more
By sjd (420), Westhampton Beach on Jun 5, 09 8:55 PM
Cant we just get rid of the entire police force and use Town of Southhampton Police ?

What would be the tax savings ?
By TIRED (13), whb on Jun 6, 09 12:40 AM
Nice find by Dean Spier's blog, check it out. Wonder if this will be the new "headline" for our village in Newsday,at the very least it should open some eyes.
By curious (77), westhampton beach on Jun 6, 09 9:52 AM
To Tired:

NY Village Law:

§ 8-800. Police departments

The board of trustees of a village may, by resolution, establish a police department in such village and appoint a chief of police and such personnel as may be needed, and fix their compensation. The board of trustees may abolish a police department established pursuant to this section by local law, subject to permissive referendum, and the department shall be deemed abolished as presented in such proposition. The ...more
By Publius (358), Westhampton Beach on Jun 7, 09 7:37 PM
To Publius:

In re §8-800 NY Village Law

Yes, Police Departments can be abolished, as can entire political subdivisions such as villages, but what of the personnel of that department, the chief, the sergeants and the sworn officers?
By Frank Wheeler (1823), Northampton on Jun 8, 09 9:22 AM
Queen of Mean may have been cought with her pants down,Quiet Man Tucker,may also have followed the leader. Read Dean Spiers' blog,very interesting. Could the spotlight be shining on the Lighting Party!
By curious (77), westhampton beach on Jun 8, 09 10:48 AM
To Frank Wheeler:

When Greenport PD was abolished the civil service employees had a preference when applying for a job with Southold PD. Obviously, there would no longer be any need for a chief (one queen bee per hive).
By Publius (358), Westhampton Beach on Jun 8, 09 12:53 PM
hey publius , have you checked the crime rate in greenport since their police dept. was dissolved ? it's a fact they had to bring in the guardian angels from ny city things were so bad,want that here? you should check your facts before you speak. the people of greenport would love to have their own police dept back,drugs, shootings, stabbings and GANGS are part of their everyday fears.you can check this out through the suffolk times newspapers archives .
By curious (77), westhampton beach on Jun 8, 09 5:51 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By curious (77), westhampton beach on Jun 8, 09 5:52 PM
Apparently Ray Dean feels that he is entitled to equal if not more pay than the NYC Police commissioner. Maybe Ray Kelly and this greedy freak should have a little conversation about compensation I don't know....guys named Ray....
By pmofo (37), East Quogue on Jun 8, 09 6:09 PM
To Curious: Greenport had many many problems with crime and the department itself was the subject of a grand jury investigation. See

http://www.nytimes.com/1994/11/17/nyregion/police-force-in-greenport-is-off-duty-for-good.html

There is nothing to support the suggestion that the Greenport PD was keeping crime under control. Greenport had a crime problem with the Greenport PD and it has a crime problem without it.

Today it is covered by the Southold Police Department, ...more
By Publius (358), Westhampton Beach on Jun 8, 09 7:24 PM
Curious, one other thing suggesting that crime rate in Greenport increased after the Greenport PD was abolished (an unsupported assertion) is like saying the Westhampton PD was responsible for the Shane Daniels' beating.

http://topics.nytimes.com/topics/reference/timestopics/people/d/shane_daniels/index.html

WHB PD needs to be careful, and that begins with the Chief himself. They all have a pretty good deal and should prefer to keep a much lower profile.

Good luck with ...more
By Publius (358), Westhampton Beach on Jun 8, 09 8:22 PM
Yeah Pmofo, guys named Ray! Smart, educated and very well spoken. (jealous???) Too bad the Star Magazine (oops I mean the Newsday) needs to bring such "drama" with their pointless and unresearched articles. We all know this is old news, where have you been for the last 5 years? This crap resurfaces every year at this time. 10 years and going strong!!!!
By LetItBeJune20th (2), Westhampton Beach on Jun 8, 09 9:26 PM
Wow LBJ 20th.....Me thinks though protest too much......perhaps there is a reason "this crap resurfaces" it tends to float.....
By pmofo (37), East Quogue on Jun 9, 09 12:58 AM
,pmofo , this "crap" will continue till the voters get the vindictive team of Levan, Tucker o ut along with their sidekick Kametler.P erhaps you should take time to check out the salaries of the other chiefs on the east end,perhaps you will see for yourself that this chief's in line.Also, check what the whole police department makes, from patrolman to detective,might be fair, don't you think?The reason this keeps floating is we need to "flush out "this board and bring in someone with a clean record.
By curious (77), westhampton beach on Jun 9, 09 8:49 AM
I am tired of hearing that the salaries are all in line.Under three surare miles....GET REAL!!!! Maybe the other east end towns should wake up too.
What we need is to GET RID OF ALL OF THEM.
By sjd (420), Westhampton Beach on Jun 9, 09 10:19 AM
sjd, ok then what, no police protection , are you for real?you may be "tired" of hearing it, but the salary is in line.Look at other salaries the tax payers pay for, the school superintendent, for example,should we close down the schools too.?
By curious (77), westhampton beach on Jun 9, 09 10:55 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By sjd (420), Westhampton Beach on Jun 9, 09 11:31 AM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By sjd (420), Westhampton Beach on Jun 9, 09 11:49 AM
sjd: "When The Post Stop was held up at GUN POINT
Were was the Westhampton PD????
Were was Dean????
NO WERE"

This seems to be a litnay of yours, so I wentdid a little research on the incident. This seems to be the most contemporary report: http://www.27east.com/story_detail.cfm?id=174829.

Where do you see anything about Southampton PD being the first to respond, or Chief Dean not being around? (It was late on a Saturday night, so perhaps he wasn't "around.")

I ...more
By Frank Wheeler (1823), Northampton on Jun 9, 09 12:17 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By sjd (420), Westhampton Beach on Jun 9, 09 12:28 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By sjd (420), Westhampton Beach on Jun 9, 09 12:43 PM
FRANK

Instead of research go speak to the owner of the Post Stop AS I DID.
SOUTHAMPTON PD was FIST ONES THERE

Now how about THE COP OWNED BAR busted for selling drugs bu SUFFOLK PD. Do you want to talk about that???

AND WE ARE GETTING GREAT PROTECTION
WHAT A JOKE
By sjd (420), Westhampton Beach on Jun 9, 09 5:52 PM
To curiuos,F Wheeler and sjd.you guys are way out of line either that or your are all insane.....Everyone knows that cops, and public school teachers make more $$ in Suffolk county than just about anywhere else in the nation.The question is.... is it worth it? and.... can we actually continue to keep paying for it. Considering the economy I'm sure that many replacements can be found for less than half of these corrupt/ greedy people's salaries..Sorry but the truth hurts!
By pmofo (37), East Quogue on Jun 9, 09 7:19 PM
pmofo,my question to you is; you haven't told us your occupation, however, would you be willing to take less than half your salary? Do you understand that the cost of living here is greater than most of the country,which is taken into consideration when determining salaries.Why are you so obsessed with the Westhampton PD, you live in East Quoque, you're protected by the town police not Westhampton. Take your complaints to the town board if you think the town police are overpaid. Why do you live ...more
By curious (77), westhampton beach on Jun 9, 09 7:55 PM
pmofo... are you a product of the East Quogue school system? If you are, then you're right, those public school teachers ARE grossly overpaid.

And for the record, my mother-lin-law was a teacher in the Riverhead School District 45 years ago when they were making less than $6k a year, at a time when $9-$10k was an almost minimum standard of living in Suffolk County!

"Truth?" Not a word you should be throwing around.
By Frank Wheeler (1823), Northampton on Jun 9, 09 7:59 PM
As to the police coverage in WHB village, there is certainly more clumping of the police cars since the rank and file answer to the board and not the chief. Perhaps the lack of coverage for the Post Stop incident had to do with the cop's schedule devised by the board against the wishes of the chief.

The updated story notes that other East End chiefs have similar salaries. The 7.9% talked about at the public meeting was not a yearly compounded increase, but rather an executive bonus, given ...more
By realwhb (7), westhampton beach on Jun 9, 09 9:23 PM
Regarding the lack of coverage for the Post Stop
The town is under THREE SQUARE MILES
Lets not make any excuses for the Westhampton PD,they do that on there own.
As I have said earlier
After the summer sit on Main street one night and tell me how may police cars you see.
NONE
I do not care what any other chief makes.
$188,000 for under three square miles
IS NUTS
By sjd (420), Westhampton Beach on Jun 9, 09 9:55 PM
sjd,

Man, you never seem to quit; and the sad thing is that your comments continue to make no sense.

I pay taxes in the village just like you do (or maybe you don't), and you don't see me crying; mind you, I’ve only met Ray Dean in passing. The chief makes what he makes, get over it. You aren't letting reality set in. Dean's salary is comparable to those of other east end chiefs, including that of Quogue Police Chief Robert Coughlan. If you weeded through the tabloid garbage Newsday ...more
By Woody (15), Westhampton Beach on Jun 10, 09 12:52 PM
Woody
I make no sence???
You are going to tell me that $188,000 is in line to be chief of police in a area less that 3 square miles????
I could care less what any other police chife makes.
Reality has set. He is OVER PAID and for the so-called protection the Westhampton PD, you better get real.
Do you have a answer to the COP OWNED bar busted for drugs and health problem by SUFFOLK PD?????
Having the Southampton being the first to respaond is a JOKE,just like the town board ...more
By sjd (420), Westhampton Beach on Jun 10, 09 3:34 PM
Answer to the cop owned bar busted by SCPD - is simple.....

the drug task force which has members from local forces and used to have a member from WHBPD (not sure if they still do) makes all large scale busts.

SJD its time you get your facts straight. If the chief is to make less money, you would have to scale back all officers, detectives etc pay. That would go for all departments because the pay is in range to WHBPD. Do you homework before lashing out.
By gordie howe (55), hockeytown usa on Jun 10, 09 6:45 PM
gordie
Looking at your other comments
YOU are the one that said
Magic's burglary was based on his legal troubles
AND
The Post Stop was a inside job based on a inside TIP OFF

You seem to have more answers then the Weshampton PD since they have not arrested anyone for the crimes

So before yuo say I should do my homework MAYBE you should stop making FALSE statemants about the crimes

So gordie time for you to get your facts straight

The SOUTHAMPTON ...more
By sjd (420), Westhampton Beach on Jun 10, 09 7:03 PM
The answer is stated clearly above - The Drug Task force made the arrest. Start reading and you'll see the answer.

Since when do police departments have anything to do with health issues? That would be the Health Dept.

Whether you like the chief's pay or not it is here to stay for any replacement. Civil service laws are pretty clear on the subject. Maybe its time to let the chief call the shots in the department and continue straightening out the place - leave it to the professionals ...more
By gordie howe (55), hockeytown usa on Jun 10, 09 7:11 PM
What concerns me more is the amount of pension Mr. Dean will be receiving when he retires....$100k A YEAR plus all those perks....
By Miss K. (102), East Quogue on Jun 10, 09 8:24 PM
This comment has been removed because it is a duplicate, off-topic or contains inappropriate content.
By sjd (420), Westhampton Beach on Jun 10, 09 8:40 PM
"gordie"
Yes The SUFFORK PD Task force made the arrest.
Were was the Westhamotn Beach PD????
Maybe it was because they have to much area to patrol..
Three square miles
Were was Dean the night the Post Stop was robbed at gun point????
GET REAL GORDIE!!!!!!!!!!!!!!!!!!!

You did not reply regarding you other statements.Strange since you have all the answers!!!!!!!!!!!!!!!

The Westhampton Beach PD can be abolished.
So do your homework......gordie

Seems ...more
By sjd (420), Westhampton Beach on Jun 10, 09 9:18 PM
Again..... no need to reply to chides. If you abolish the WHBPD you still would have coverage from SHPD at similar costs - no savings.

If you are asking why WHBPD is no longer on the task force ask Toni Jo.

And if pension reform is the issue, you should be talking to the powers in Albany not WHB.

And just because you repeat the same charges over and over do not make them fact.
By gordie howe (55), hockeytown usa on Jun 10, 09 9:29 PM
sjd cant seem to read articles or read anyones elses comments.
Go to Suffolk County District attorneys website. East End Drug Task force did the raid or whatever it was at the bar. Westhampton Beach DID have a officer in the East End Drug Task Force. Look to SHP, they reported that the officer is back working in the Village I think it was in December they reported it.
If you just go back in SHP archives the Janitor was arrested by the East End Drug Task Force also.
Gordie why is WHBPD ...more
By foundthefacts (8), westhampton on Jun 10, 09 11:38 PM
"gordie"
You are the one that made comment about Magic's and the Post Stop
but when asked about were you got you info from NO ANSWER

What I state is FACT

Not like your remarks that were FICTION

You also did not answer do you or you famil work for town????
And no town listed, were do you really live?????????????///
By sjd (420), Westhampton Beach on Jun 11, 09 7:33 AM
SJD - since it appears that there are operatives for various interests that comment on this and other boards one's place of residence really doesn't matter..... if I said WHB would you believe me?

My remarks are not fiction - they were meant and still remain as comments - and were left as comments.

And no, I don't have a family member that works for the town.

Did you or a family member work for the Village or Town?

Maybe a PO who was disciplined by the Chief??
By gordie howe (55), hockeytown usa on Jun 11, 09 9:48 AM
"gordie"
No I do not work for town or does any member of my family
and NO not a police officer who was disciplined by the chief.

Since you on the subjet of a cop being disciplined by Westhampton PD maybe the chief should be ask about Jim Kametlers miss use of his power while on Westhampton PD and why was the disciplin so easy on Jim 'the gun man"

As you stated in other comments at least we finally agree.
That is what makes this the GREAT country it is.That ...more
By sjd (420), Westhampton Beach on Jun 11, 09 10:33 AM
SJD---

I think Dean Speir covered the Deputy Mayor issues on his blog pretty thoroughly last year.

It does make it interesting if you live and/or work in the affected community to view the comments as a vested member. However, since there is no way for the SHP to check locales, let's just say anyone can be anywhere regardless of where they say they are.......(it sounds like it came out of Yogi Berra's mouth).

By gordie howe (55), hockeytown usa on Jun 14, 09 9:11 PM
To all you that think the Westhampton Beach PD is doing such a great job. Today between 9am-10 am I went by the circle in town and guess what???
There was a Westhampton Beach PD car parked on the circle with the officer on his CELL PHONE and looked like he was have a great time.
So now tell me about all the potection we have and how the OVER PAID chief is making the officers account of what they do.
I just can not wait to hear what he has to say about this.
$188,000 FOR WHAT
GET ...more
By sjd (420), Westhampton Beach on Jun 14, 09 9:57 PM
So, because a cop was PARKED, talking on a cell phone, he is doing something wrong?
By Terry (380), Southampton on Jun 15, 09 11:56 AM
The officer was doing his job. And he does it well I might add.
By EastEnd68 (888), Westhampton on Jun 15, 09 12:46 PM
sjd ,when the election is over,will you be over too? You've been rambling on and on about the same nonsense forever,we all get it;you don't want the police department protecting the village,ok ,we hear you!What will you ramble about next, maybe you should move where you could be happy,or are you just a perpetual whiner?
By curious (77), westhampton beach on Jun 15, 09 2:33 PM
"teryy" Southampton IS he to be working or talking on his phone????

"EastEnd68" How do you know how he does his job.????

"curious" You are the one with all the answers but as always you do not say a thing.You are the whiner,and yo have said nothing that made ANY sence
By sjd (420), Westhampton Beach on Jun 15, 09 3:37 PM
"eastend68"
Looking at you other comments.You feel that there should be no elections.After that remark and the one about the cop doing his job and that he does it well.
YOU MUST BE THAT COP AND THAT IS WHY YOU WANT THE COPS ON THE BOARD
By sjd (420), Westhampton Beach on Jun 15, 09 9:36 PM
they cant shut down the police... it would devastate business at all the donut stores.
By littleplains (305), olde england on Jun 16, 09 3:09 PM
"eastend68"
Whay no reply???
ARE YOU ON THE PHONE AGAIN????
By sjd (420), Westhampton Beach on Jun 17, 09 11:02 AM
No-not on the phone-taking my well deserved coffee break and then lunch at 1pm
By EastEnd68 (888), Westhampton on Jun 17, 09 12:05 PM
power tools, home improvements, building supplies, Eastern Long Island