Two previously suspended Westhampton Beach Village Police officers this week filed separate notices of claim, the typical precursor to a lawsuit, alleging that village officials have violated their civil rights.
Officers Michael Bruetsch and Joseph Pesapane, who have been limited to desk duty since their reinstatement late last year, filed nearly identical claims last Thursday, March 4, that list the village, its police department, Police Chief Ray Dean and the entire board of trustees as defendants. The notices accuse the defendants of forcing the officers to work in a hostile environment, engaging in retaliation against them, treating them unfairly, and committing libel and slander against them, among other complaints.
Neither claim includes a dollar figure for damages sought by the officers, though both notices state that they have suffered injuries including “pain, suffering and emotional distress,” along with “loss of reputation, humiliation, [and] character assassination.” Both claims state that the plaintiffs will be seeking “compensatory losses for legal fees.”
Attorney Bill Keahon, who is representing Officers Bruetsch and Pesapane, said Friday that his clients will be filing lawsuits at some point. He declined to say how much money they will be seeking in damages, explaining that he and his partner Joseph Ferrante will be handling the claims and pending litigation.
Officers Bruetsch and Pesapane were suspended with pay by Westhampton Beach Mayor Conrad Teller in October after a Suffolk County Internal Affairs Bureau investigation concluded that they lied to superior officers about the circumstances involving another officer’s missing handgun last year. The officers were ordered back to work in December by the Village Board, but both have been kept on desk duty by the order of Mayor Teller.
The filing of the claims came to light during last Thursday night’s contentious Village Board meeting, which lasted more than two hours and during which trustees also approved four resolutions that Westhampton Beach Village Attorney Bo Bishop said could open the municipality to additional litigation.
Village Board member Hank Tucker, who voted in favor of the four resolutions along with fellow trustees Joan Levan and Jim Kametler, said the intent of the documents is to examine complaints of “malfeasance” in the village’s police department. Mr. Tucker said board members also need more information to make informed decisions regarding the disciplinary hearings that Mayor Teller has been demanding the board hold for the two suspended police officers.
The four resolutions adopted last week, all by identical 3-2 votes, order Chief Dean to provide the board with reports on a number of practices of the police department, including one pertaining to discipline records. The second refers to missing video and audio evidence from March 8, 2009—the day that a third officer reported that his personal handgun was removed from his locker at police headquarters, an incident that eventually sparked the Internal Affairs Bureau investigation involving Officers Bruetsch and Pesapane.
The resolution asking for a detailed explanation of the missing video and audio evidence also requests information involving someone described as “Citizen K,” who was arrested on September 7, 2009, and charged with DWI by Westhampton Beach Village Police. Though she is not named in the resolution, “Citizen K” clearly refers to former Southampton Town Supervisor Linda Kabot, who is also represented by Mr. Keahon. In an earlier interview, Mr. Keahon revealed that four minutes of video taken during Ms. Kabot’s arrest on September 7 were missing.
The third resolution requests a report of records concerning the loss of a firearm around March 8, 2009—the incident that sparked the outside investigation. The fourth demands a report on the investigations of penal law offenses spanning from January 1, 2009, and March 4, 2010, the latter being the date of last week’s board meeting.
Village Board member Toni-Jo Birk, who voted with the mayor each time, tried to table the four resolutions but failed. Mayor Teller refuted each resolution after it was read, calling them “asinine” and “ridiculous.” He scheduled an emergency meeting on Monday afternoon, with the intent of rescinding the four resolutions, but canceled it at the last minute after learning that one board member was not going to attend. The mayor declined to identify the board member.
Chief Dean declined to comment on the two notices of claim or the complaint leveled against his department by Mr. Tucker. When asked Tuesday if he would follow the orders of the four resolutions, Chief Dean referred a reporter to his attorney, Michael Axelrod of Certilman, Balin, Adler and Hyman, LLP in East Meadow. Mr. Axelrod could not be immediately reached for comment.
Explaining his reason for approving the four resolutions, Mr. Tucker cited a section of New York State Village Law stating that the board of trustees has the authority to set the ground rules for “the examination, hearing, investigation and determination of charges” against a police officer when deciding whether or not to hold a disciplinary hearing.
Disband the police department and use Town Police. Is there a way to get this on a ballot?
Does anyone find it strange that these 2 LIEING cops and LAST CALL LINDA are both being represented by the same attorney????
Since the Board wants to look at police records lets ask to see JIM THE GUN'S police records while he was on the force.
The two LIEING COPS have got to be kidding about what they have suffered.Then should refund their pay to the tax payers for lieing to the Suffok investagators and than be fired with No benifits and jail time would be GREAT.
DEAN ...more says nothing...another JOKE.He must be at home making sure he gets his pay check.Which is about the same as the police chief of NYC. Lets not forget he had the chance to get rid of JIM THE GUN but instead he let him retire.
For all you who are now going to say I keep going over the same things over and over the only thing that has changed in Westhampton Beach is that things are getting worst.
THE OVERPAID POLICE FOFORCE AND THIS TOWN BOARD
HAS TO GO
THANKS TO BOTH OF THEM WE ARE THE JOKE OF THE HAMPTONS.
I wonder if this is a bluff by the two cops or if they really intend to file suit.
So we can find what game is being played here.
Thank You
With all that is going on in this town I think it should be published so we all know who is behind this.
Bad Goverment and Bad Cops
I believe in previous posts you commented on the fact that you had previously been involved in labor-management relations. Can you describe them? Because judging from your previous post it would seem that you have reached a conclusion without all of the fact, which obviously is inconsistent for someone with formal legal training. Which as you know, any litigator, clearly never does. Unless of course you have, all of the facts. Please enlighten us if so.