The disciplinary hearings for two suspended Westhampton Beach Village Police officers, both accused of lying to superior officers and outside investigators last year, will begin in about two weeks, according to Mayor Conrad Teller.
The hearing for Officer Michael Bruetsch is scheduled to begin at 10 a.m. on Tuesday, August 3, while Officer Joseph Pesapane’s hearing is scheduled to start at 2:30 p.m. on Thursday, August 5, said Richard Zuckerman, the labor attorney for Westhampton Beach. Both hearings will take place at Village Hall, though they will not be open to the public.
Mayor Teller also revealed this week that he does not yet know if Village Board members will be the ones who decide on what to do with the hearing officer’s recommendations, which could range from dropping the charges to termination. The board could decide to leave that up to the hearing officer.
“I’d leave it to Richard [Zuckerman] to make sure we are not tainted or biased,” Mayor Teller said.
Mr. Zuckerman said he hasn’t gotten that far in the process, adding that it would be premature for him to speculate on that aspect of the upcoming hearings.
Officers Bruetsch and Pesapane, who were suspended without pay for 30 days earlier this month, were accused of lying during a Suffolk County Police Internal Affairs Bureau investigation that was prompted after a fellow officer’s handgun went missing from police headquarters last year. Officer Bruetsch has been accused of three counts of conduct unbecoming of an officer and lying five times, while Officer Pesapane was accused of lying once, according to a copy of the IAB report.
Mayor Teller suspended the officers with pay in October, but the Village Board dropped the charges and reinstated them in December. The mayor tried several times to move forward with the hearings but was blocked by the board’s former majority. He secured the necessary votes to hold the hearings earlier this month, once he and his Village Unity Party running mates, Trustees Toni-Jo Birk and Sue Farrell, were sworn into office.
Mr. Zuckerman said he does not know how long the disciplinary hearings will take. The village gets to present its evidence and call witnesses first, then the officers get to present their side of events. Each side can then file rebuttals. Then, the hearing officer closes the record and begins the process of making a recommendation, Mr. Zuckerman said.
At its organizational meeting on July 6, the Village Board hired arbitrator Stephen Bluth, Esq., at a cost of $1,600 per day, to serve as the hearing officer. It was at the same meeting that the board suspended the two officers, effective July 7. Officers Bruetsch and Pesapane are scheduled to start receiving pay again early next month.
At this point, it isn’t clear how long Mr. Bluth will review the evidence before filing his recommendation with the Village Board. New York State Civil Service law does not put a time limit on that process. Still, Mr. Zuckerman expects a decision sooner rather than later. “But there is no deadline in which he has to do so,” he said of Mr. Bluth.
Police officers facing disciplinary charges can opt to have their hearings opened to the public. But as of earlier this week, neither Officer Bruetsch nor Officer Pesapane had requested to open the hearings, Mr. Zuckerman said. The transcripts of the hearings, however, will be public records, according to Mayor Teller.
Joseph Ferrante, an attorney with Keahon, Fleischer, Duncan and Ferrante in Hauppauge who is representing the two officers, did not return calls this week seeking comment.
Mayor Teller again said he is pleased that, after months of delays, the hearings are finally going to happen. “It’s been too long,” he said. “I’m just happy they are moving forward. It’s the only legitimate way to go.”
But Village Board member Hank Tucker, who unsuccessfully campaigned for mayor last month and has steadfastly voted against holding the hearings, said he is still uncomfortable moving forward with them. He also noted that he still has not received additional information that he previously requested from Westhampton Beach Police Chief Ray Dean.
“I hope that they are fair and just,” Mr. Tucker said of the upcoming hearings.
Frank S. Costanza on Jul 21, 2010