By Carol Moran
The Westhampton Beach Village
police officer suspended without pay for 30 days in late January pending the
findings of a disciplinary hearing will now likely remain off the department’s
payroll until at least April, officials confirmed this week.
Village Officer Joseph
Pesapane, 30, was arrested by Suffolk County Police in Port Jefferson on
September 29 and charged with fourth-degree stalking, a misdemeanor, after
authorities said he “made several phone calls and sent over 20 text messages”
to an unnamed individual. Suffolk Police would not comment further on the
incident, which they described as a “domestic dispute,” in order to protect the
victim.
On January 29, Westhampton Beach
Village Board members voted to suspend the officer, whom they have refused to
identify by name though multiple sources have confirmed as Mr. Pesapane, for 30
days without pay, as permitted by state law. They also scheduled a disciplinary
hearing for February 6 and hired attorney Steven Kasarda to act as the hearing
officer. The 30-day suspension ended on March 1.
But Village Clerk/Treasurer
Elizabeth Lindtvit said on Friday that Mr. Pesapane remains suspended without
pay, despite the passage of the 30 calendar days, as part of an agreement
reached between the village and his attorney, Rey Mauro. Richard Zuckerman, the
village’s labor attorney, also confirmed on Friday that the officer in
question, whom he also declined to name, remains suspended without pay and that
last month’s disciplinary hearing was adjourned and rescheduled for Tuesday,
April 1.
Mr. Zuckerman said he could not
comment on why the first hearing was adjourned, or on any other agreement
between the village and the police officer. Speaking generally about such
cases, Mr. Zuckerman said adjournments are typically granted when an employee
facing a disciplinary charge is unwilling or unable to attend the scheduled
hearing. “In that situation, the employer’s attorney will often agree to the request
in exchange for an agreement that keeps the employee off the payroll for a
period of time that is longer than the default period found in the law,” he
explained.
Under state law, public
employees are only permitted to be suspended without pay for 30 days, even if
the disciplinary matter remains unresolved.
Mr. Mauro did not immediately
return calls seeking comment.
When reached on Friday, Mr.
Pesapane, who has been employed by the village since 2006 and paid $127,285 in
2013, said he had been directed by his attorney to refrain from commenting on
his arrest. Mr. Pesapane is due back in First District Court in Central Islip
on Tuesday, March 18, regarding the stalking charge.
Westhampton Beach Mayor Conrad
Teller also declined to comment on the situation, noting that state law
prohibits him from discussing personnel matters. Village Board members have not
explained why they did not suspend Mr. Pesapane until four months after his
arrest last fall.
Mr. Teller also declined to say
how many charges Mr. Pesapane is potentially facing.
The current suspension marks
the officer’s fourth during his tenure with the police department; he was
suspended three times prior during an investigation into an incident involving
another officer’s missing handgun.