Dan's Papers - August 29, 2008 - 6 Southampton Cops

About 150 police officers, their families, and representatives of police unions congregated outside Southampton Town Hall Tuesday, August 26, to protest what they claimed is the "firing" of six town police officers.

The town, with a population of 60,000 and a landmass of 157 square miles, is budgeted for 101 officers. However, there are currently 92 working on the force

Patrick Aube, Southampton Police Benevolent Association (PBA) President, told the crowd that his PBA and others around the state are fighting the proposed "firing" of six of his experienced police officers. All of them have 20-plus years of service to the town, and five have suffered injuries in the line of duty.

"This is the so-called management of Southampton Town, which says they are looking out for the community's best interests, but what they are not telling the citizens is that they have been shutting down police cars due to staff shortages and ranks being depleted," said Aube.

Aube said that Southampton Supervisor Linda Kabot is "appalled" that he keeps telling the media that she is firing six officers. Kabot insists that she's not firing anybody, just "trimming."

Reached at her office, Kabot said she expected to adopt a resolution at Tuesday night's Town Board meeting, to announce a list of officers.

"We have 27 officers who have worked 20 years and are up for retirement with full benefits," she said. "Of these, 21 are being continued at the same level of benefits, and six are not being given the opportunity to continue at the same level of benefits, but they have options. They are not being fired."

Kabot said the six officers "can choose to retire, argue their case, change their retirement plans, or even sue the Town." She said three of these officers have put in a plan for retirement that is disability-related.

"We will be adopting a resolution that has 21 names on it, to continue certain officers in service to the Town beyond their 20 years. Every year we do this, but we haven't done it in two years."

But Aube said later that these six officers are decorated police who are 42-45 years old, have families and mortgages, and can't survive on just their pensions, which is half their pay.

"We'll sue the Town if we have to," he said.

At Tuesday morning's press conference outside Town Hall, Richard Wells, President of the Police Conference of New York, Inc., which consists of 216 local PBAs with 25,000 members, said, "What the Town is saying is that we're just taking you off the payroll and we don't care what happens to you. It's unfair to long-standing police officers now that their 20 years is up, to leave their future careers at the whim of the Town Board."

He said Southampton Town and The Village of Westhampton Beach are the only two municipalities in the state that he knows of that have the provision that allow the Town Board to choose whether the cops can continue in service after 20 years of duty.

"It doesn't exist anywhere else that I know of, and no one has ever been forced into retirement in this Town until now," he said.

He said this law, Section 384D of the NYS Retirement and Social Security Law, subdivision (M), says that after 20 years of service, it's up to the Town Board whether a police officer can retire in service in Southampton.

Wells said it's also "discriminatory" of the Town to select six officers to let go, especially when five out of the six were injured in the line of duty.

"There is a conflict of laws going on here," he said. "Section 207C of the General Municipal Law says that when a police officer is injured in the line of duty, the employer must pay his/her salary and medical benefits until they recover and go back to work, on either full or light duty. If they don't recover, either the individual or a town can apply for disability retirement."

Also at the press conference, were some of the six officers who say they will not have jobs after December 31 of this year.

"I was shocked when I heard the news about not being on the list," said Lyle Smith, a police officer who carried his proclamation where he was named, "Officer of the Year" by both the Town and the County. Smith, who was injured last June during his duty on the cops and cones program, said, "I didn't do anything other than to do my job and get hurt on it."

The six officers also include Kevin Gwinn, Ken Mujsce, Maureen Drew, Steve Frankenback and Ed Crohan.

"I think, whether this resolution passes or fails, the effects will be felt for years," said Kevin Gwinn, 45, who was also injured earlier in the year in the line of duty. "I think this is arbitrary selection, and that they're gambling with public safety. They're sending a message to the younger cops that if they get injured on the job, they may not be around after 20 years."

Maureen Drew, 44, was also injured in the line of duty. "I'm 44 years old - and too young to be forced out to be retired. I expected to stay on and be retired with my husband, who is also an officer, but not here."

Aube said his group and the other PBAs and officers would continue their protest demonstration during the Town Board meeting Tusday night. "We will continue to fight this," he said.

At press time Tuesday evening, before the Town Board Meeting, Kabot said they would table the resolution until September 9, and give Aube a chance to meet with the board.