Westhampton Beach Village Police Officer Will Forfeit 20 Days Pay

The Westhampton Beach Village Board unanimously agreed on Tuesday to seize 20 days of pay accrued by suspended Village Police Officer Joseph Pesapane—a decision that will lead to his third unpaid suspension in the past year.

During a special meeting called on Tuesday morning, Village Board members supported the recommendations put forth by disciplinary hearing officer Stephen Bluth, who was asked to determine the appropriate punishment, if any, for Officer Pesapane’s role in a 2009 incident involving another officer’s missing handgun.

Board members signed off on Mr. Bluth’s recommendation that Officer Pesapane, whose current suspension with pay began in July, lose 20 days of accrued time, effective March 8. Because he has only 12.5 days of vacation pay and sick time remaining, Officer Pesapane will be suspended without pay for the difference—or 7.5 days—beginning on March 9, according to Westhampton Beach Mayor Conrad Teller. On two other occasions, Officer Pesapane was suspended without pay in connection with the investigation, a total of 30 days each time.

Tuesday’s ruling will cost Officer Pesapane approximately $7,895, or $394.74 per day, according to Village Clerk Rebecca Molinaro. He earns about $91,581 a year.

“I figure the conviction stands up for itself,” Mayor Teller said on Tuesday, declining to comment further on the matter, explaining that it is a personnel issue.

“The hearing was a sham—S-H-A-M,” said William Keahon, Officer Pesapane’s defense attorney who participated in the disciplinary hearings. “When an officer in Westhampton Beach is brought up on charges, the Village Board selects a hearing officer to take the evidence and determine any sanctions.

“It is a fixed forum,” he continued, noting that other municipalities require approval from a village or town board, as well as the police union, before accepting the recommendations of a hearing officer.

Officer Pesapane was originally charged with lying once during a Suffolk County Police Internal Affairs Bureau investigation after a fellow officer’s handgun went missing from police headquarters in November 2009.

“The allegations were ridiculous, the proof had no merit, and the decision and the findings of the judge I knew would be what they would be from day one,” Mr. Keahon said. “Mr. Pesapane was not guilty of the charge.”

The disciplinary hearing for that specific charge began in August and wrapped up about two months ago, Mayor Teller said. He added that Mr. Bluth’s report was distributed to the Village Board last week.

Village Board member Hank Tucker—one of two board members who refused for months to move forward with the disciplinary hearings—voted in support of the punishment, though his explanation suggests that he does not entirely agree with the decision. He also stressed that his role was to just make sure the hearing process was properly followed.

“I was not the judge and I was not the jury,” Mr. Tucker said, “so the hearing officer’s recommendation is what the board went with. That doesn’t necessarily mean I’m in agreement with the whole process.”

When reached on Tuesday, Westhampton Beach Village Police Chief Ray Dean declined to comment on the board’s decision, saying it involves a personnel matter.

Officer Pesapane still faces a second round of charges stemming from the same incident—two counts of making false statements and one count of intentionally providing false or incomplete information to investigators. The first two charges stem from statements he made to outside investigators in July 2010, and the third allegation stems from June 2009. That hearing, which is also being run by Mr. Bluth and closed to the public, began in February, according to Mayor Teller.

“There’s a good chance it could end this month, but I can’t really say,” he said. “There are a couple more witnesses to be heard.”

Mr. Keahon, who will not defend Officer Pesapane during the second hearing, said he does not predict a favorable outcome for his client.

“It’s preordained that the hearing officer will now find him guilty and he will be dismissed from his job,” Mr. Keahon said. “They bled my client financially and he was unable to continue with me representing him. He is relying on the union lawyer to defend him in these present charges.”

Village Board member Toni-Jo Birk declined to comment on Tuesday’s action. She did note that the conclusion of Officer Pesapane’s first hearing marks a significant milestone.

“Over a year ago, we could have all sat down without attorneys and discussed everything, but it never got to that,” she said. “So, we are where we are today. I’m just looking forward to moving forward.”

If an officer is still facing charges following an unpaid suspension, that officer will continue to be suspended, with pay, until they are resolved, according to Richard Zuckerman, the village’s labor attorney. He declined to specifically comment on Officer Pesapane.

“Anytime during the process, the employer has the right to suspend the employee with pay, but can only suspend without pay for 30 days,” Mr. Zuckerman said. “The employer has the right to say, ‘While you are undergoing disciplinary charges, I don’t want you here.’”

The best result for an officer facing disciplinary charges is for him to be found innocent on all counts, meaning that he can return to work and collect all withheld pay. If he is found guilty of even one charge, an officer cannot lay claim to any lost pay but could return to work, though a letter of reprimand would be included on his permanent record. The worst-case scenario for an officer found guilty of a charge is termination, according to Mr. Zuckerman.

Westhampton Beach Village Police Officer Michael Bruetsch—the second officer suspended, with pay, since July for his alleged role in the 2009 incident—was charged with three counts of conduct unbecoming of an officer and five counts of lying by outside investigators. Officer Bruetsch’s disciplinary hearing, which also began in August, is scheduled to reconvene on Monday, March 14, according to Mayor Teller. Officer Bruetsch, who makes about $97,800 a year, was suspended for 30 days last year without pay.