Politically Divided Southampton Town Board Names New Police Captain

The room was thick with tension on Tuesday afternoon as the Southampton Town Board voted 3-2 to promote Southampton Town Police Lieutenant Robert Pearce to captain—a move that lacked the support of both Police Chief William Wilson Jr. and the police officers’ union.

The split board was at odds over the vote, with Southampton Town Supervisor Anna Throne-Holst, a member of the Independence Party who was endorsed by the Democratic Party, and Councilwoman Bridget Fleming, a Democrat, objecting to the move, as Republicans Chris Nuzzi and Christine Scalera and Conservative Party member Jim Malone pushed through the promotion.

Ms. Throne-Holst and Ms. Fleming both cited concerns over funding for the position and alluded to a confidential personnel matter that they said should have been considered prior to the appointment.

Capt. Pearce will fill the seat left vacant by Captain Anthony Tenaglia, who officially retired last month. The Town Board had previously decided it would not fill the captain’s slot, and funding for the position was eliminated from this year’s budget.

Chief Wilson confirmed that he did not propose promoting Capt. Pearce and did not know about the board’s plans until Monday morning, after it was brought up during a work session meeting of the board on Friday.

“That sounds like some kind of political deal to me,” the chief said following Tuesday’s vote. “I didn’t recommend it.”

Patrolman’s Benevolent Association Vice President Kevin Gwinn said the union did not support the promotion, which he described as “political patronage.”

Since Capt. Tenaglia’s retirement, Captain Pearce, as a lieutenant, has been the acting executive officer of the department—a fact cited by Mr. Malone and Mr. Nuzzi when asked why they would promote him to captain without Chief Wilson’s support. The funding was eliminated from the current budget—in a resolution sponsored by Mr. Malone in November—but the position remains in the department’s organizational chart.

Councilmen Malone and Nuzzi both stated after the meeting that the position was included in the 2012 police budget. But copies of the budget indicate that the funding for the position, $87,800, was removed from the budget in November—the amount left on the budget line for the position was meant to pay Capt. Tenaglia prior to his retirement.

“It was in the budget,” Mr. Malone maintained, adding that anyone who suggested otherwise was providing “misleading” information.

Mr. Nuzzi said anyone stating that the position wasn’t in the budget was perpetuating a misconception and inaccurate. “The captain’s position is in the budget,” he said.

While the funding for the captain position had been cut, Mr. Nuzzi and Mr. Malone explained, the promotion of Capt. Pearce means the addition of only $14,000 to the budget. Capt. Pearce was earning a salary of $139,133, and will earn $153,958 as captain.

Ms. Throne-Holst still criticized the promotion, noting that the money could have been allocated for other expenses, such as being put toward another entry-level position or overtime in the police department.

A letter written by Officer Gwinn on behalf of the PBA last month blasted the proposed creation of a captain’s position, because it was not in the final 2012 police budget. He noted that his officers had agreed to thousands of dollars’ worth of concessions in order to balance the budget.

“After our union and families agreed to hundreds of thousands in concessions to keep our members working, a move like this is a disgrace,” he said Tuesday. “What upset us is, where is this money coming from? It was not in the budget. And if that money has been found, shouldn’t the 73 members of the PBA be reimbursed those concessions, or one or two of the superior officers who were forced to retire be allowed to stay?”

Officer Gwinn also said the PBA found it disturbing that Captain Pearce, who is president of the Southampton Town Superior Officers Association, the union that represents high-ranking police officers in the department, would accept the captain’s position rather than fight to get ranking members forced into retirement reinstated.

After extensive research, Officer Gwinn said he could not find another instance in the history of New York State where a civilian board created a position and promoted a captain without a police chief’s and department’s support.

“It appears to me that what is going on has to do with the fact that the old guard of the Republican Party did not get the person they wanted for chief of police, and I believe it is those Town Board members who are working around the parameters of the police department rules and procedures, without the support of Chief Wilson, whom they did not support,” Officer Gwinn said in reference to Chief Wilson’s appointment last spring.

During a public comment portion of Tuesday’s meeting, former PBA President Charles McArdle expressed outrage over the appointment to Mr. Malone. “This is a slap in the face to all PBA members,” he said. “You asked for concessions—you got them. Now you’re playing politics.”

Mr. McArdle also chided Mr. Malone for not returning his calls and referred to a recent incident in which the councilman was embroiled in a dispute with a contractor, who recorded a heated exchange on his cellphone while allegedly kept against his will in Mr. Malone’s Suffolk County office in Riverside. “I must have to be locked in your office to get your attention,” Mr. McArdle said. “You are a disgrace to every Conservative Party member in the Town of Southampton.”

After the meeting, Mr. Malone said he stood by Capt. Pearce’s promotion. “Captain Pearce has done a great job. He’s been acting in the executive officer position for all intents and purposes. I’m very proud of Robert Pearce and am sure he’s going to do a great job for our town.”

Mr. Nuzzi added that Captain Pearce has “been serving the department well for quite some time. He knows the workings of the department and the community, and he will do a great job in the position as captain.”

When asked why the Republican-Conservative majority moved forward despite the protestations of their fellow board members—and with no support from the police chief—Mr. Nuzzi said, “I would have hoped the vote would have been 5-0, but it didn’t go that way. Mr. Pearce has been acting as the captain, with the chief’s approval.”

Ms. Scalera said she voted for the promotion because Capt. Pearce was already performing many of the functions of a captain and already being compensated for the same. “As such, I believe Civil Service law would require he be given the title,” she said, adding that Capt. Pearce has led a long and distinguished career serving the town.

After the vote, Captain Pearce was sworn in. “I’m elated,” he said. “I wish it could have been done with a little more solid support. But times are hard right now.”

Ms. Fleming commended Capt. Pearce for his years of dedication but said she could not support the promotion because Chief Wilson did not recommend it, and because it would add to the current police budget.

Also, Ms. Fleming added that the board members were advised by their labor counsel that the promotion was “premature.” She alluded to privileged personnel information that was not made public and which might have had an impact on the appointment. “We can’t discuss this information,” she said. “This is bringing it forward without the public knowing what we’re talking about.”

“I think there’s a lot more that can be said. I find it troubling that we couldn’t wait for some of that information to come forward,” Ms. Throne-Holst agreed. “As everyone now knows, there are outstanding questions and unresolved information around the police department.”

The supervisor asked the board to call a brief closed-door executive session meeting to discuss management changes suggested by Chief Wilson on Friday. “They, too, were rejected,” she said. According to sources, the chief also recommended that the board take disciplinary action against an officer—not Capt. Pearce—at Friday’s work session. No action was taken Tuesday.

When asked about the disciplinary action, Ms. Fleming said all such questions must be referred to the town attorney’s office. Town Attorney Tiffany Scarlato said that due to the nature of executive session, she was unable to comment.

Officer Gwinn noted that morale in the department was low. “The people being affected by this political infighting, and lack of support for the chief is hurting the patrolmen and women—it’s hurting us,” he said. “It’s making it very difficult for us to do our jobs.”