Bethlehem officials have recommended that police officer
Richard M. Hoffman, charged in August with drunken driving, be removed from his
job, according to city spokesman Joseph Kelly.
Hoffman, 35, was off duty when he rolled a sport utility
vehicle 3 a.m. Aug. 8 at East Broad and High streets, court records say.
Hoffman's blood-alcohol content at the time of the crash was 0.16 — twice the
limit at which penalties begin for most drivers, according to police.
Kelly said the city administration's internal investigation
into the incident has wrapped up and a written recommendation calling for
Hoffman's termination was forwarded to Bethlehem City Council.
The city must hold a hearing in order to act on the
recommendation, Kelly said. Council would be in charge of scheduling a date for
the hearing.
Hoffman, who remains on paid administrative leave, waived
his right to a preliminary hearing Aug. 22, when he was arraigned on charges of
DUI, DUI at the highest rate and careless driving.
Nuria DiLuzio, Hoffman's attorney for the criminal charges,
said he's been accepted into the accelerated rehabilitative disposition
program, or ARD, for first-time offenders. If successfully completed, the
program would ensure the charges in the case would be erased from Hoffman's
record.
DiLuzio said Hoffman will be formally sworn in for the
program, which is slated to last between six months and one year, on Jan. 27.
"There was nothing unusual from his particular criminal
case that would preclude him from being accepted," she said.
DiLuzio emphasized that her only involvement in the case was
to guide Hoffman through what she termed a routine procedure for first-time
offenders. DiLuzio is married to Mark DiLuzio, who was selected as the new
police chief under incoming Mayor-elect Robert Donchez.
Wade Haubert, president of the Bethlehem police union, said
he was disappointed word of the recommendation had made it to the media.
"Rick's due-process rights have been violated,"
Haubert said. "He's already being convicted in the public eye without
being given the opportunity to provide any type of defense."
Quintes Taglioli, the attorney representing the Bethlehem
Fraternal Order of Police, said the union will support Hoffman and fight any
attempt to have him terminated.
"At this point, we're waiting on city council,"
Taglioli said. "They haven't taken any action yet."
Taglioli said word of the recommendation reached Hoffman on
Dec. 20, but the city cannot fire the officer without a hearing and a final
decision by council.
Haubert said Hoffman does not plan on stepping down.
"Rick Hoffman is not going to resign, so I guess the
termination process is going to move forward," Haubert said. "We take
issue with the investigation, the scope of it, and some of the allegations that
are made within it."
Haubert said he was doubly disappointed that Chief Craig
Finnerty made the recommendation for termination, but was not present to
deliver the news to Hoffman.
"Have the decency to look the guy in the eye,"
Haubert said. "That appalled me."
Finnerty did not immediately return messages seeking
comment.
Bethlehem City Councilman J. William Reynolds said he'd have
to reserve judgment in the case until a hearing is complete, something he said
he hopes gets underway as soon as possible. But Reynolds said the
recommendation itself is concerning.
"Several things over several years have led the
administration to come to this recommendation," Reynolds said. "City
council does not tolerate behavior we believe is below the high standards set
by the police department."
