THIS IS WHY TAXES ARE SO HIGH
Malverne police's holiday perk revoked by arbitrator
BY ANDREW STRICKLER | andrew.strickler@newsday.com
December 18, 2008
The Malverne police union that claimed hundreds of paid days off for officers who worked "special" holidays such as Gold Star Mother's Day and Child Health Day has lost its bid to keep the unusual perk and accrued time off.
An independent arbitrator's decision to side with the village means about half of the department's 22 officers owe back time for work on more than two dozen arcane observances, including Elizabeth Cady Stanton Day (Nov. 12) and Gerald Ford Day (Jan. 2).
"I would say there has been some disappointment in the department," said Malverne Mayor Patricia McDonald.
The decision concludes that the union added an increasing number of days without properly notifying the village. "The old rubric about the orphan who kills his parents and then, at trial, pleads for mercy because he is an orphan, has utility here," the decision states.
Malverne Police Chief John Aresta, who himself was once credited for three "special" days, brought the matter to the attention of the village board after he was named chief last year. He said the issue continues to rankle some in the small department. "Some of the guys still really don't want anything to do with talking with me, but a lot of the guys have come around," he said.
Thirteen of the 22 officers in the department now have between one day and a week of time off earned through the days, Aresta said. He expects the village to formally request the time back soon.
"I think everyone is resigned to the arbitration decision, and they knew they'd have to make the village whole," he said. Based on the union's interpretation of a clause in a now-expired contract, officers got credit for work on up to 25 additional days between 2004 and 2007. The days - most of which were commemorated in state or federal proclamations - included National Day of Katrina Remembrance (Aug. 29), Theodore Roosevelt's birthday (Oct. 27), and Parents' Day (July 27).
Malverne cops got 247 hours in 2004 and 2005 for work on some of the arcane holidays, according to a town report. In 2006 and the B-xB-xB-xB-xB-x seven months of 2007, officers claimed a total of 3,389.5 hours - equal to 282 12-hour shifts. An officer's starting salary is $37,791 a year.
The number of days grew from two in 2004 to nine in 2005. In 2006 and 2007, the list grew an additional 16 days, according to the decision.
The time off earned was in addition to 12 paid holidays, personal time, sick days and vacation days, according to village officials. Supervisors were responsible for crediting the days, which were not noted on time cards, police said.
The union began claiming the credit after getting permission to earn time for working on June 11, 2004, which President George W. Bush declared a national day of mourning for the death of Ronald Reagan.
A year ago, Aresta pulled the perk and deleted the time off officers had already accrued. The move was supported by McDonald and other village officials who said the perk drove up overtime costs. The union responded by filing a grievance and demanding arbitration. Total police expenditures in 2007 were $3.4 million, including $458,678 in overtime.
The police union's attorney, David Davis, argued then that a contract clause gave union members comp time for work on "special observance" days designated by the president, governor or county executive.
The arbitration decision last month states that the union uses the clause in such a way that it could create "absurd results."
"[i]f every proclamation constituted a special day, the village would have a workforce nearly as much on leave as on duty, with catastrophic financial consequences to the village," the decision states.
Similar clauses in other police union contracts limit such credit for days on which the majority of municipal employees do not work.
Davis was out of town this week and not available for comment.
The police calendar
Malverne police will keep the following days off:
New Year's Day
Lincoln's Birthday
Washington's Birthday Memorial Day
Flag Day
Independence Day
Labor Day
Columbus Day
Election Day
Veterans Day
Thanksgiving Day
Christmas Day
Malverne officers are to lose time-off credit for work on "special days," including
Gerald Ford Day, Jan. 2
Haym Salomon Day, Jan. 6
B-xB-xB-xB-xB-xB-x Luther King Jr. Day, third Monday in January
Susan B. Anthony Day, Feb. 15
Harriet Tubman Day, March 10
Thomas Jefferson Day, April 13
Mother's Day, second Sunday in May
Police Memorial Day, May 15
Armed Forces Day, May 17
Children's Day, June 1
Father's Day, third Sunday in June
Emancipation Day, June 19
Parents' Day, July 27
National Day of Katrina Remembrance, Aug. 29
Patriot's Day, Sept. 11
POW Recognition Day, Sept. 19
Gold Star Mother's Day, Sept. 28
Child Health Day, Oct. 6
Theodore Roosevelt Day, Oct. 27
Elizabeth Cady Stanton Day, Nov. 12
Shirley Chisholm Day, Nov. 30
Rosa Parks Day, Dec. 1
Pearl Harbor Day, Dec. 7
BY ANDREW STRICKLER | andrew.strickler@newsday.com
December 18, 2008
The Malverne police union that claimed hundreds of paid days off for officers who worked "special" holidays such as Gold Star Mother's Day and Child Health Day has lost its bid to keep the unusual perk and accrued time off.
An independent arbitrator's decision to side with the village means about half of the department's 22 officers owe back time for work on more than two dozen arcane observances, including Elizabeth Cady Stanton Day (Nov. 12) and Gerald Ford Day (Jan. 2).
"I would say there has been some disappointment in the department," said Malverne Mayor Patricia McDonald.
The decision concludes that the union added an increasing number of days without properly notifying the village. "The old rubric about the orphan who kills his parents and then, at trial, pleads for mercy because he is an orphan, has utility here," the decision states.
Malverne Police Chief John Aresta, who himself was once credited for three "special" days, brought the matter to the attention of the village board after he was named chief last year. He said the issue continues to rankle some in the small department. "Some of the guys still really don't want anything to do with talking with me, but a lot of the guys have come around," he said.
Thirteen of the 22 officers in the department now have between one day and a week of time off earned through the days, Aresta said. He expects the village to formally request the time back soon.
"I think everyone is resigned to the arbitration decision, and they knew they'd have to make the village whole," he said. Based on the union's interpretation of a clause in a now-expired contract, officers got credit for work on up to 25 additional days between 2004 and 2007. The days - most of which were commemorated in state or federal proclamations - included National Day of Katrina Remembrance (Aug. 29), Theodore Roosevelt's birthday (Oct. 27), and Parents' Day (July 27).
Malverne cops got 247 hours in 2004 and 2005 for work on some of the arcane holidays, according to a town report. In 2006 and the B-xB-xB-xB-xB-x seven months of 2007, officers claimed a total of 3,389.5 hours - equal to 282 12-hour shifts. An officer's starting salary is $37,791 a year.
The number of days grew from two in 2004 to nine in 2005. In 2006 and 2007, the list grew an additional 16 days, according to the decision.
The time off earned was in addition to 12 paid holidays, personal time, sick days and vacation days, according to village officials. Supervisors were responsible for crediting the days, which were not noted on time cards, police said.
The union began claiming the credit after getting permission to earn time for working on June 11, 2004, which President George W. Bush declared a national day of mourning for the death of Ronald Reagan.
A year ago, Aresta pulled the perk and deleted the time off officers had already accrued. The move was supported by McDonald and other village officials who said the perk drove up overtime costs. The union responded by filing a grievance and demanding arbitration. Total police expenditures in 2007 were $3.4 million, including $458,678 in overtime.
The police union's attorney, David Davis, argued then that a contract clause gave union members comp time for work on "special observance" days designated by the president, governor or county executive.
The arbitration decision last month states that the union uses the clause in such a way that it could create "absurd results."
"[i]f every proclamation constituted a special day, the village would have a workforce nearly as much on leave as on duty, with catastrophic financial consequences to the village," the decision states.
Similar clauses in other police union contracts limit such credit for days on which the majority of municipal employees do not work.
Davis was out of town this week and not available for comment.
The police calendar
Malverne police will keep the following days off:
New Year's Day
Lincoln's Birthday
Washington's Birthday Memorial Day
Flag Day
Independence Day
Labor Day
Columbus Day
Election Day
Veterans Day
Thanksgiving Day
Christmas Day
Malverne officers are to lose time-off credit for work on "special days," including
Gerald Ford Day, Jan. 2
Haym Salomon Day, Jan. 6
B-xB-xB-xB-xB-xB-x Luther King Jr. Day, third Monday in January
Susan B. Anthony Day, Feb. 15
Harriet Tubman Day, March 10
Thomas Jefferson Day, April 13
Mother's Day, second Sunday in May
Police Memorial Day, May 15
Armed Forces Day, May 17
Children's Day, June 1
Father's Day, third Sunday in June
Emancipation Day, June 19
Parents' Day, July 27
National Day of Katrina Remembrance, Aug. 29
Patriot's Day, Sept. 11
POW Recognition Day, Sept. 19
Gold Star Mother's Day, Sept. 28
Child Health Day, Oct. 6
Theodore Roosevelt Day, Oct. 27
Elizabeth Cady Stanton Day, Nov. 12
Shirley Chisholm Day, Nov. 30
Rosa Parks Day, Dec. 1
Pearl Harbor Day, Dec. 7
MALVERNE POLICE OFFICER CHARGED WITH A DWI
An off-duty Village of Malverne police officer was charged with drunken driving Friday after he crashed into a tree, Nassau police said.
April, 2008...At 6am on a Friday morning, an off-duty Malverne police officer was involved in an accident where he crashed into a tree. What happened?? He was drunk!!! He was arrested by a Nassau County officer for DWI. His defense was that he wasn’t driving but just can’t remember who was because he was in an alcoholic blackout!! Consequences?? Sure, but more like a slap on the wrist and he was sent on his way. He was treated at a local hospital and released, probably just receiving an appearance summons. He was suspended without pay!! SUSPENDED???? Any one of us would have been arrested AT THE HOSPITAL and prosecuted and would have even lost our jobs and obviously our license. Meanwhile, this guy was probably back to “protecting and serving” on Monday!! RIDICULOUS!!!!
Law Code and Code Section/Subsection
VTL 1192.3 03 *** TOP CHARGE ***
Charge Detail
Unclassified Misdemeanor, 1 count, Arrest charge, Arraignment charge
Description: OP MV WHILE INTOXICATED 1
Appearance
Detail --C7, May 12, 2008 Pending No Type ARR B, April 9, 2008 Cash $500 (Cash) Desk Appearance Ticket CASE CONTINUED (ADJOURNED)
MALVERNE POLICE OFFICER ARRESTED FOR STEALING
1. The Shoplifting Incident Plaintiff was employed by the Village as a police officer from June 1989 until March 2000. (Dft.’s 56.1 ¶ 1.)3 On July 17, 1999, plaintiff stole merchandise consisting of five electrical dimmer switches (“the Merchandise”) from a Home Depot store located in Elmont, New York. (Id. ¶¶ 2-3.) At the time, plaintiff was off-duty and was not wearing his police uniform. (Pl.’s 56.1 ¶152.) A videotape captured plaintiff stealing the Merchandise. (Id. ¶ 4.) In order to steal the Merchandise, plaintiff removed a Shop-Vac from its box, concealed the Merchandise inside the Shop-Vac box, and taped the box closed with the Merchandise inside. (Id. ¶ 5.) Plaintiff then went to the register and paid for certain items. (Id.) He then left the register and went to get the Shop-Vac, which ontained the Merchandise, and paid for the Shop-Vac. (Id.) Plaintiff then left the Home Depot store without paying for the Merchandise. (Id.) In the parking lot, plaintiff was confronted by Home Depot security personnel (“Security”). (Id. ¶ 6.)Security confirmed that the Merchandise was inside the Shop-Vac, and plaintiff admitted toSecurity that he had stolen the merchandise. (Id. ¶¶ 7-8.)
2. The Investigation Home Depot contacted the Nassau County Police Department (the “NCPD”) and requested that plaintiff be prosecuted pursuant to Home Depot’s policy. ( Id. ¶¶ 9-10.) Two Nassau County police officers arrived at the scene. (Id. ¶ 11.) Despite plaintiff’s admission of the crime, the police officers did not charge plaintiff with a crime at that time. (Id. ¶ 12.) The Nassau County Internal Affairs Unit conducted an investigation into the actions of the Nassau County Police Officers who failed to charge plaintiff with a crime. (Id. ¶ 13.) A grand jury was convened with respect to the actions of the police officers at the Home Depot store. (Id. ¶ 14.) Plaintiff testified before that grand jury. (Id.¶ 15.) The Nassau County Police Department subsequently charged plaintiff with petit larceny in connection with his admitted theft of the Merchandise. (Id. ¶ 16.) Also as a result of plaintiff’s theft of the Merchandise, plaintiff signed an agreement that his “privilege, permission and authority to enter and/or remain upon this or any other Home Depot premise has been revoked and that if [he does] enter any of the above mentioned, [he] will be committing trespass, a violation of the New York State Penal Law Section 140.5.” (Id. ¶ 18 (emphasis in original).)So what happened with this officer's case............. After ratting out his fellow officers(see below), his charges were dropped from Petit Larceny to Disorderly Conduct. |
Other Instances of Discipline Against Village Police Officers
Plaintiff alleges that there were at least three instances where supervisors in the Village police department were aware that officers other than plaintiff had engaged in criminal activity, and the resulting disciplinary action was less severe than in plaintiff’s case. (
Id. ¶ 67.) Two of these incidents involved Officer John Brasca(“Officer Brasca”), and the other involved Sergeant, Randy Damico (“Sgt. Damico”). (Id. ¶ 68.)a. Officer Brasca
Plaintiff alleges that, on one occasion, Officer Brasca took cigarettes from a 7- Eleven store that he frequented.
4 (Id. ¶ 69.) At the time of the incident, which occurred some time prior to September 1, 1994, Lieutenant Dwyer (“Lt. Dwyer”) was Officer Brasca’s supervisor. (Id. ¶¶ 71-72.) Following the incident, Officer Brasca was disciplined by Lt. Dwyer. (Id. ¶ 73.) This situation was not brought to the attention of Chief Raymond M. Garrigan (“Chief Garrigan”), the police chief at the time, until after Officer Brasca had already been disciplined by Lt. Dwyer. (Id. ¶ 74.) When Chief Garrigan learned of the incident, he was told by Lt. Dwyer that, at the time of the incident, Officer Brasca was on duty, that his police car was running in front of the 7-Eleven, that there was a long line at the register, that he took a single pack of cigarettes, and that Brasca intended to return to the store later and pay for the cigarettes. (Id. ¶¶ 75-76.) In fact, Brasca did return to the store and pay for the cigarettes. (Id. ¶ 77.) The 7-Eleven store was located outside of the Village, and no one at the store called the police or filed any kind of complaint against Brasca regarding the cigarettes. (Id. ¶¶ 78-79.) Brasca was not arrested by the Nassau County Police Department, and the Nassau County Police Department did not file any criminal charges against him. (Id. ¶¶ 80-81.) The Mayor and the Board never learned of this incident and the incident was not the subject of any publicity. (Id. ¶¶ 82-83.)Officer Brasca is also alleged to have used a police department account at a local car wash to wash his personal vehicle. (
Id. ¶ 84.) At the time of this incident, Lt. Dwyer was Officer Brasca’s supervisor. (Id. ¶ 85.) This incident occurred sometime prior to September 1, 1994. (Id. ¶ 86.) Officer Brasca was disciplined by Lt. Dwyer and this incident was not brought to then-Chief Garrigan’s attention until after Brasca was already disciplined. (Id. ¶¶ 87-88.) The car wash never called the police or filed any kind of complaint against Officer Brasca. (Id. ¶ 88.) Officer Brasca ultimately paid for the car wash and the Village was never charged for the car wash. (Id. ¶ 91.) The car wash was located outside of the Village. (Id. ¶ 92.) Officer Brasca was not arrested for this incident by the Nassau County Police Department and the Nassau County Police Department did not file any criminal charges against Officer Brasca. (Id. ¶ 94.) The Mayor and the Board never learned of the incident and the incident was not the subject of any publicity. (Id. ¶¶ 95-96.)b. Sgt. Damico
The third incident involved Sgt. Damico. (
Id. ¶ 97.) Sgt. Damico was alleged to have voided a traffic summons in 1995 for an acquaintance of his. (Id. ¶¶ 98-99.) Following the incident, Sgt. Damico was disciplined by Lt. Frisenda. (Id. ¶ 100.) Sgt. Damico was asked to plead guilty and accept discipline or the Village would proceed with formal charges and specifications. (Id. ¶ 101.) According to defendant, Sgt. Damico accepted the discipline, which included the loss of vacation time and certain job responsibilities. (Id. ¶¶ 102-03.) The Mayor and the Board never learned of this incident and it was not the subject of publicity. (Id. ¶¶ 104-105.)
And they dont want "people like me" here?!?!?
