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Village labor attorney Vincent Toomey participated in a Zoom teleconference to discuss the chief's salary.
Police Chief Thomas Cummings taking the oath of office in 2011. PRESS FILE
While he rebutted rumors last week that he was looking to fire Southampton Village Police Chief Thomas Cummings, Mayor Jesse Warren presided over a public discussion of the chief’s contract negotiations during the March 11 meeting of the Village Board. Contract negotiations for the agreement between the chief and the village are underway, and his current contract expires in May.
As the mayor introduced the topic, Board Member Mark Parash raised an objection to the public discussion.
“I’m uncomfortable,” he said. “We discuss contracts in executive session.”
Village Board member Joseph McLoughlin also said he’d offer any comments on the topic in executive session, not at the public meeting. He said Tuesday that because he is the liaison to the police department and actively involved in the negotiations, he felt it would be inappropriate to comment in a public forum.
By law, the chief’s current contract is public information. While it is unusual for discussions of contract negotiations to take place while negotiations are underway, there is nothing in the law prohibiting it.
The mayor said members of the board asked labor counsel Vince Toomey to provide an update, “not relating to any negotiations, only to inform the public about the process.” Figures discussed during the meeting are those included in the current contract.
“Before we start, I’d like to make a comment, I’m a little bit concerned,” Mr. Parash began, only to be cut off by the mayor who spoke over the top of his colleague refusing to let him speak. “You do not have the floor,” the mayor repeated.
The village is neck-deep in the formulation of the budget and has been negotiating with the chief, who has, board member Gina Arresta said, “easily the largest salary in the village.”
She related compensation figures beginning with his $149,000 base salary negotiated when he was first named chief in 2011, with a total pay including benefits of just over $190,000. Today, his base pay starts at $238,930.
“Then we add in his extra vacation, his night differential, his holiday pay, which brings his total compensation to $310,000. When we add in benefits and everything else that goes on top of that, the total annual cost to the village is almost $442,000,” Ms. Arresta said.
By comparison, she said the police commissioner in New York City has a base pay of $238,000, and Governor Andrew Cuomo’s pay is $250,000.
According to See Through NY, a website maintained by the Empire Center, there are over 50 police officials in the state, most of them on Long Island, whose pay is higher than the chief’s.
The “most egregious thing,” Ms. Arresta continued last week, is that “the previous administration inserted an evergreen or perpetuity clause into his most recent contract basically making him chief for as long as he wants to be.”
The contract was signed in 2016, during the administration of former Mayor Mark Epley.
While Steven Losquadro, the chief’s attorney, said the “evergreen” clause is a common clause that allows for the provisions of a contract to continue should it expire before a new agreement is inked, Ms. Arresta said it was “unheard of.”
The village’s labor attorney, Vincent Toomey, said the agreement was negotiated by a prior administration and there is a legal doctrine that states that when it comes to governmental matters, “one publicly elected board cannot bind a successor board.” A new board has a right to say they do not wish to be bound by the prior agreement.
“In a case like this, that would mean that the new board would have the right to go to the chief and say ‘We wish to negotiate a new contract,’” Mr. Toomey said. The board could set a new contract, but could not reduce the base salary or the longevity. There are, however, other benefits that could be changed “unilaterally” by the board. An expert who serves many local municipalities, negotiating on their behalf, Mr. Toomey acknowledged there are similarities in police chief contracts when it comes to benefits. Payouts vary, he said.
Given the opportunity to speak, Mr. Parash said, “Yes, the numbers look really big, but he’s been there 34, 35 years.” Asked by the board member where the chief’s pay stood in comparison to others, Mr. Toomey said there’s a range, and while he may be in the top of the range, he’s not the highest paid chief. In fact, Chief Cummings just recently reached the same salary his predecessor William Wilson received 10 years ago.
The chief has done a very good job, never missed a day’s work, and created a very good department, Mr. Parash said, adding he was not aware that behind-the-scenes discussions about the chief had gone on.
“Dignity and respect for someone who’s given this village over 35 years need to be put in play,” he said. “We’ve prided ourselves as a village that takes care of our employees.”
Since he’s been in office — he took his seat alongside Mayor Warren and Village Board member Andrew Pilaro in 2019 — Mr. Parash said the village has lost quite a few employees who have resigned or been fired. “There’s a lot of public mistrust,” he said.
Mr. Toomey’s office represents most neighboring municipalities. His assistance related to contracts in Southampton Village “varies,” he said. He said he doesn't believe he had any hand in negotiating the chief’s contract.
