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Former AG Hired To Preside Over Clarkstown Chief Disciplinary Hearing

NEW CITY, N.Y. -- There weren’t enough seats in the meeting room Tuesday night in Clarkstown's Town Hall so those without a seat either stood in the back or to the sides of the dais.

The Clarkstown Town Board meeting on Aug. 9 was heavily attended. Two attorneys were appointed to litigate and preside over the disciplinary hearing of suspended Police Chief Michael Sullivan.

The Clarkstown Town Board meeting on Aug. 9 was heavily attended. Two attorneys were appointed to litigate and preside over the disciplinary hearing of suspended Police Chief Michael Sullivan.

Photo Credit: Zachary Croce
Congers resident Steven Levine addresses the Town Board during the public comment portion of the meeting.

Congers resident Steven Levine addresses the Town Board during the public comment portion of the meeting.

Photo Credit: Zachary Croce
The Clarkstown Town Board during the Aug. 9 meeting.

The Clarkstown Town Board during the Aug. 9 meeting.

Photo Credit: Zachary Croce
Members of the audience applaud a resident's comments.

Members of the audience applaud a resident's comments.

Photo Credit: Zachary Croce
Clarkstown Police Chief Michael Sullivan attended the Aug. 9 Town Board meeting where two attorneys were appointed to preside over his disciplinary hearing.

Clarkstown Police Chief Michael Sullivan attended the Aug. 9 Town Board meeting where two attorneys were appointed to preside over his disciplinary hearing.

Photo Credit: Zachary Croce

The meeting of the Clarkstown Town Board was the first since the suspension of Police Chief Michael Sullivan last month and was heavily attended. The chief was present and sat toward the front of the room. 

During what was at some points a raucous meeting, Supervisor George Hoehmann and the Town Board appointed two attorneys in relation to Sullivan’s case: William Harrington from the firm Bleakley Platt & Schmidt as special counsel to litigate the disciplinary matter, and former Attorney General Dennis Vacco as the hearing officer for the case.

The vote was 4-0 and Councilwoman Stephanie Hausner abstained. The hearing is necessary to determine whether the charges against Sullivan will be upheld. 

While labor counsel Vincent Toomey explained the selection of a hearing officer is “standard protocol for police disciplinary cases,” Hausner questioned what the protocol for selecting a hearing officer has been in the past and whether a prior knowledge of labor law or law enforcement issues is required.

Toomey’s answer, that the hearing officer be fair and impartial and have no prior knowledge of the case, was met with groans, sarcastic laughter, and boos from members of the crowd. 

This is the third such show of support for the chief, who said during a rally in late July, just outside on Maple Avenue, that he was given an ultimatum between retirement or misconduct charges by the Town Board.

Since the suspension became public, Sullivan’s lawyer Richard Glickel revealed the charges behind the suspension to lohud.com, which included incompetence and misconduct due to the chief’s social media postings about a former officer and his response to a demand that an officer be reassigned.

Det. Sgt. Stephen Cole-Hatchard has since filed a federal civil rights lawsuit against the town alleging he was removed from the Rockland County Strategic Intelligence Unit for investigating a former police officer’s $218,000 campaign contribution to various Republican campaigns.

And on Monday it become public that several law enforcement agencies ceased email communications with the Clarkstown Police Department over the alleged access of officers emails by town officials. The County Legislature has since called on the governor and the State Legislature to ban civilian access to electronic police communications.

The financial prudence behind hiring two attorneys at hourly rates of $200 to $250 for Harrington and $300 for Vacco with no cap was called into question by resident Steven Levine. He added that he has never seen something like the current standoff between the Town Board and the police chief in his 25 years of attending meetings.

“I have never seen a police chief be brought up on what I consider spurious and unfounded charges,” Levine said and expressed concern with how quickly the matter has escalated.

“Really angry, really disgusted, and very disappointed” is how resident Paula Vaccarelli described her feelings toward the Town Board and their actions.

“It’s obvious to me, and I’m sure to lots of other folks here, that the Town Board is putting their political agenda before the need and safety of the residents,” Vaccarelli said. 

Hoehmann did comment that he appreciates Sullivan's service to the town. 

"The rules of the department apply to everybody," Hoehmann said, adding neither he nor the Town Board invented this process. 

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