Officer retires after incident with EMT

[FredG]

News10NBC Investigates: Rochester Police detective to retire with pension after controversial EMT arrest at Strong Memorial Hospital

ROCHESTER, N.Y. — Two years and two months after a Rochester Police investigator forcefully arrested an EMT inside the emergency room at Strong Memorial Hospital, his punishment has been settled.Investigator Charles LoTempio will remain on paid suspension until March of 2025. At that time, he...

www.whec.com

Basically, the PD car was parked in the ambulance zone, the EMT dinged his door while pulling in with a patient. When the officer wanted her to stop, she said she had to take care of her patient and would come back out. The officer went into the ED and roughly handcuffed her.

The officer has been on paid leave for over 2 years, the EMT has claimed a wrist and shoulder injury from the detention and lost time at work. The officer has a $113K/year salary, will get paid leave until March 2025, then be forced into retirement at half salary and cannot be a police officer again.

 

[CCCSD]

I had a CHP Motor Officer try and cite me for driving in the opposite lane, slowly and safely, responding to a choking victim. I took the cite, went to court, and the Judge threw it out, spending five minutes explaining the VC to him and berating him loudly. (Turns out I worked on his dad the year before on a cardiac call).

Two months later the Officer dumped his bike on the highway and I had to cut his entire uniform off him because his “back hurt”.

I still have his patch…

 

[FiremanMike]

Ok but what exactly do I need to do to get on paid suspension until my retirement date?

 

[Rubicon Bob]

The officer has been on paid leave for over 2 years, the EMT has claimed a wrist and shoulder injury from the detention and lost time at work. The officer has a $113K/year salary, will get paid leave until March 2025, then be forced into retirement at half salary and cannot be a police officer again.

I support Law Enforcement, but this is an example of why so many people do not.

All professions have "bad apples", but how the "bad apples" are dealt with is important.

This was very poorly handled, IMO.

On PAID leave for over 2 years AND will be allowed to REMAIN on paid leave for another 6 (or so) months, and then will receive a pension that is MORE than what many hard-working people make.

I'm sorry, but I believe many people are asking "where exactly is the punishment?"

Again, THIS is an example of why so many people have little/no respect for Law Enforcement.

He should have been fired, AND lost his pension, IMO.

 

[FredG]

I support Law Enforcement, but this is an example of why so many people do not.

All professions have "bad apples", but how the "bad apples" are dealt with is important.

This was very poorly handled, IMO.


He should have been fired, AND lost his pension, IMO.

This is exactly how I feel! We work closely with the police and I have quite a few friends who are good cops, but the few bad apples hurt their entire profession, especially when they do not get dealt with in an equitable way.

 

[DrParasite]

On PAID leave for over 2 years AND will be allowed to REMAIN on paid leave for another 6 (or so) months, and...

As the article said:

But under the union contract, police officers have the right to an independent hearing with a hearing officer. It took more than a year to find one who would take the case and in the end, the hearing officer found LoTempio not guilty of the top four charges, saying, “there was inadequate evidence to prove the charges by a ‘preponderance of the evidence.'”

He was still innocent until the hearing officer decided he was guilty of the crimes he was charged with. This is what his union negotiated, and what the city agreed to. I'd like to know the justification from the hearing officer that "there was inadequate evidence to prove the charges by a ‘preponderance of the evidence.'” Maybe there was more than was released publicly, but this seems to be the root of the issue. However, that was what the union contract

then will receive a pension that is MORE than what many hard-working people make.. He should have been fired, AND lost his pension, IMO.

did he not earn his pension? has he not paid into his pension every two weeks for decades? one what grounds would you have for stealing money that he earned and invested in his future? Now, if you said he should lose any match that the city had invested, I would agree, however I can't see stealing the money the he had invested over his entire career.

Before anyone think that I support his actions, or am justifying his actions, that's not what I'm doing. However, the city is following the law, they are following all legal agreements, and ending his career as a police officer, which was the best thing for the city. I would much rather him have been criminally charged for wrongful arrest, but that wasn't done. And terminated for cause, with the hearing officers agreeing with the investigations findings. But the city followed it's rules (as it should), and the union advocated for it's member (as it should). The system worked as intended, and he is no longer a police officer.

Ok but what exactly do I need to do to get on paid suspension until my retirement date?

have a really good union contract... you know how many NYC teachers are on paid leave until their retirement date?
https://nypost.com/2023/01/14/idled-nyc-educators-do-nothing-but-sign-in-remotely-even-from-europe/

 

[Rubicon Bob]

did he not earn his pension?

I believe that pensions CAN be lost/terminated, due to being found guilty of serious negligence, fraud, etc.

Also, if he is eligible for his pension, why are they paying him his full salary until March 2025?

Sounds to me like they are "carrying" him, to allow him to get to adequate time in, to be able to get his pension

If so, that's complete BS

Before anyone think that I support his actions, or am justifying his actions, that's not what I'm doing.

Sorry, sure seems that you are.

However, the city is following the law, they are following all legal agreements, and ending his career as a police officer, which was the best thing for the city.

The best thing for the city would have been to deal with him appropriately, and to use him as an example of what is not acceptable behavior by Officers

What they HAVE shown is that if you act unprofessionally, they (the city) will "cover" for them until they are eligible to collect their pension

Again, this is a perfect example of why so many people have little/no respect for the Police

I would much rather him have been criminally charged for wrongful arrest, but that wasn't done.

Let's NOT forget to thank the union for that, what a joke

 

[FredG]

I see both points...Although I agree with Rubicon Bob on the item of maintaining full salary through March 2025. That sounds like allowing the bad apple cop to accrue a higher pension, probably 1% more, but that adds up over the years. Not to mention that is almost half a year, so 55K in salary after the decision is made, instead of going straight to pension at 55K per year.

I do agree that he shouldn't lose his pension or at least the portion he put in, but the 2 years while on modified duty shouldn't count towards the pension.

 

[DrParasite]

I believe that pensions CAN be lost/terminated, due to being found guilty of serious negligence, fraud, etc.

You believe wrong; unless state law says this can be done (https://marylandmatters.org/2022/01...ns-lawmaker-pressing-for-change-in-state-law/ is when they tried it in Maryland, and New York does have a similar law https://www.osc.ny.gov/retirement/members/forfeiture-benefits-convicted-felons, but it's more for public officials not cops), it's theft. If you don't like it, try to change the law.

Also, if he is eligible for his pension, why are they paying him his full salary until March 2025?

Because otherwise they would need to return him to work, as the arbitrator directed?

Sounds to me like they are "carrying" him, to allow him to get to adequate time in, to be able to get his pension

Because the Chief doesn't have grounds to terminate him. the only violation the hearing said he violated was double locking the handcuffs, and in New York, cops can't be fired arbitrarily. There are two options: put him back to work, or suspend him with pay until he can get his pension, and then he's no longer a cop. Which do you think is better, and don't forget, he (the officer) needs to agree to the terms. The Chief made the best of a bad situation.

Sorry, sure seems that you are.

Not even a little. And if you think that, well, I can recommend some reading comprehension classes to help you out.

The best thing for the city would have been to deal with him appropriately, and to use him as an example of what is not acceptable behavior by Officers

They tried, remember? internal investigation, findings were released, etc... the union advocated for their man (as they should, that's why you pay due), and did their job, and got a hearing, where the results were different than the internal review.

That they HAVE shown is that if you act unprofessionally, they (the city) will "cover" for them until they are eligible to collect their pension

Again, this is a perfect example of why so many people have little/no respect for the Police

Let's NOT forget to thank the union for that, what a joke

Sigh... no they haven't, and you might not like a union, but unions do have their places in public safety. As an outsider, you might not like unions, but if your job was being threatened, and your sole source of income for your family was being taken away, you would want the union to fight for you.

What you and @FredG aren't understanding is the union contract with the city.... the cop can't just be fired. He isn't an at will employee, there is a contract protecting his rights. And until all avenues are exhausted, he is still employed by the city. Based on the arbitration outcome, the chief didn't have grounds to terminate him, so he would need to reinstate him. This is likely all in the union contract that the city agreed to, which is legally binding.

I understand you are all about punishing him... what about his wife? what about his two daughters in college? should they be both homeless and forced to drop out, because their dad did something wrong? How about you get fired from your job, and then you also lose your every 401k, and any retirement accounts that you have put in? Don't forget it's not only his job that is over, he can't be a cop every again. This isn't a simple slap on the wrist.

The chief got creative, and found a way to get this guy out of law enforcement, off his department, and prevented him from being a cop in his city or any other. Yes, the city had to pay him some more money (which they would have had to do any way if he was back to work), but the situation is over, and the chief made the best out of a bad situation.

 

[Rubicon Bob]

You believe wrong; unless state law says this can be done (https://marylandmatters.org/2022/01...ns-lawmaker-pressing-for-change-in-state-law/ is when they tried it in Maryland, and New York does have a similar law https://www.osc.ny.gov/retirement/members/forfeiture-benefits-convicted-felons, but it's more for public officials not cops), it's theft. If you don't like it, try to change the law.

Because otherwise they would need to return him to work, as the arbitrator directed?

Because the Chief doesn't have grounds to terminate him. the only violation the hearing said he violated was double locking the handcuffs, and in New York, cops can't be fired arbitrarily. There are two options: put him back to work, or suspend him with pay until he can get his pension, and then he's no longer a cop. Which do you think is better, and don't forget, he (the officer) needs to agree to the terms. The Chief made the best of a bad situation.

Not even a little. And if you think that, well, I can recommend some reading comprehension classes to help you out.

They tried, remember? internal investigation, findings were released, etc... the union advocated for their man (as they should, that's why you pay due), and did their job, and got a hearing, where the results were different than the internal review.

Sigh... no they haven't, and you might not like a union, but unions do have their places in public safety. As an outsider, you might not like unions, but if your job was being threatened, and your sole source of income for your family was being taken away, you would want the union to fight for you.

What you and @FredG aren't understanding is the union contract with the city.... the cop can't just be fired. He isn't an at will employee, there is a contract protecting his rights. And until all avenues are exhausted, he is still employed by the city. Based on the arbitration outcome, the chief didn't have grounds to terminate him, so he would need to reinstate him. This is likely all in the union contract that the city agreed to, which is legally binding.

I understand you are all about punishing him... what about his wife? what about his two daughters in college? should they be both homeless and forced to drop out, because their dad did something wrong? How about you get fired from your job, and then you also lose your every 401k, and any retirement accounts that you have put in? Don't forget it's not only his job that is over, he can't be a cop every again. This isn't a simple slap on the wrist.

The chief got creative, and found a way to get this guy out of law enforcement, off his department, and prevented him from being a cop in his city or any other. Yes, the city had to pay him some more money (which they would have had to do any way if he was back to work), but the situation is over, and the chief made the best out of a bad situation.

We'll have to agree to disagree

I have 30+ years as a union member (not as a Fed/State/County/City "public employee" however), so I have a pretty good idea on how they protect god awful employees, that should have been fired many, many years prior.

Yes, I would feel sorry for the wife/children of any criminal.

Please don't get me wrong, I do realize that probably 50-65% of the time, unions do good things, but I also realize that FAR TOO MANY TIMES unions protect substandard employees and reward these substandard employees, when they should be fired.

 

[Rubicon Bob]

Sigh... no they haven't, and you might not like a union, but unions do have their places in public safety. As an outsider, you might not like unions, but if your job was being threatened, and your sole source of income for your family was being taken away, you would want the union to fight for you.

As I said, as a Paramedic, I have been a member of a Union (not that you really have much of a choice) since the early 1990's (when it got voted in).

However, as I work in PA, and formerly part-time in NJ, and have always been hospital based, not "public service" based, for our pensions/unions, and TRUST ME, we get nothing like the (Fed, State, County, Local level) unions/pensions get.

Also, trust me, with our pension at my Full-Time gig, they "froze" it years ago, and those that didn't meet qualifying "time in", will get next to nothing from them (not that those of us that have more years in are getting anything like "public service" pensions).

There certainly was no "carrying over" to get any of us to what we would have gotten if our pensions were not "frozen".

I understand you are all about punishing him... what about his wife? what about his two daughters in college? should they be both homeless and forced to drop out, because their dad did something wrong? How about you get fired from your job, and then you also lose your every 401k, and any retirement accounts that you have put in? Don't forget it's not only his job that is over, he can't be a cop every again. This isn't a simple slap on the wrist.

Actually, it is a simple slap on the wrist.

Perhaps we shouldn't sentence/imprison murders because they have wives/children

Here's how many/most of these out-of-control unions should be treated.....

DeSantis sends in National Guard to Florida ports amid strike

DeSantis said the National Guard will "maintain order and, if possible, resume operations" at docks impacted by the ILA strike.

www.newsweek.com

Way to go Desantis!