SOUTHOLD, NY — Southold Town Police Chief Martin Flatley has been suspended without pay pending a hearing after a controversial retirement party during the pandemic when COVID-19 protocols were in place.
After a town board discussion in July on an independent private investigator’s report regarding the 2020 retirement party of a Southold police sergeant — where a crowd gathered, many not wearing masks, despite social distancing protocols, sparking a public outcry — Southold Town Supervisor Scott Russell said in a release that the town board had found “some of the conclusions very troubling.”
At Tuesday’s town board meeting, one person was suspended without pay and four others are facing disciplinary action pending hearings; those employees were only identified by numbers on the meeting agenda.
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On Friday, Acting Southold Town Attorney John Burke spoke to Patch, regarding Flatley: “I can confirm that he was suspended, and that’s all.”
The resolution only lists one employee as suspended, and that person was suspended without pay.
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Flatley is entitled to a hearing, after which the matter will go to the town board who will “decide the ultimate conclusion, and the punishment issued,” Burke said.
Burke could also not comment further on disciplinary actions against any of the other employees.
When asked for comment, Russell said there was only one suspension.
“Currently, Southold Town Police Capt. James Ginas has taken over the day-to-day operation of the police department,” Russell said.
He said he could not comment further.
Ginas, when reached by Patch, said he had been advised by the town attorney to direct any questions to the town attorney’s office or to Supervisor Russell’s office.
Southold Town Councilwoman Jill Doherty also told Patch: “I can say that Capt. James Ginas is acting chief. It is important for people to know that the town board members have not seen the actual report. We are not able to see it, as seeing it beforehand would influence our decision when we eventually sit as judges on this matter.”
She also referred Patch to Burke for comment, “as this is an ongoing matter.”
Also at Tuesday’s town board meeting, Robert Draffin was appointed as an independent hearing officer for the hearing with Flatley as well as the other employees facing disciplinary charges.
Flatley did not respond to a request from Patch for comment.
Russell said in July that the board had directed the town’s labor counsel to implement the next steps on the town’s behalf. “Labor counsel will advise us if disciplinary charges are warranted,” Russell said.
The discussion amongst the town board was held during executive session, standard practice in personnel matters.
The Southold town board, at a special meeting held in June of 2020, directed then-Town Attorney Billy Duffy to hire the investigator.
The independent review included scrutiny of the events surrounding a party held on May 29, 2020 for Southold Police Sgt. Steven Zuhoski, who had retired that day from the Southold Police Department, Russell said at the time.
In the days following the party, the town received numerous complaints that the police department failed to respond to calls from the public complaining that social distancing protocols were not being followed and that fireworks were being shot off, Russell said.
The decision to retain an independent investigator came after board members went into an executive session and were briefed by Duffy on the preliminary investigation performed by Flatley.
“It is of paramount importance that the people of the Town of Southold are able to maintain trust and confidence in their local police department, and local government,” Russell said after the meeting, at the time. “As a board we decided that the best way to maintain that trust and confidence was to retain an independent investigator.”
The town board, Russell said in 2020, “wants the residents of Southold to know that we are taking the allegations very seriously and are determined to get to the bottom of what happened. These allegations are very troubling, the public wants answers — and they deserve answers.”
Russell explained that as part of the investigation there were certain procedures under civil service law that must be observed; he asked residents for patience while the investigation was ongoing.
“Once the investigation is complete and all the facts are known, the board will be able to comment further,” Russell said. “We have been advised by our legal counsel to refrain from commenting on the events of that night, or on the investigation, in order to ensure the integrity of the process.”
Southold Town Councilwoman Sarah Nappa brought the issue up at a Southold town board work session at the time and mentioned former Gov. Andrew Cuomo’s social distancing protocols, which had put the brakes on social gatherings of more than 10 people.
“Members of our community have missed birthday parties, graduations, weddings, births, funerals except for a select group who felt they are above the law because they are the law —untouchable, privileged. No one is above the law,” she said.
She called for an investigation of the incident and asked for coronavirus testing of town employees who were present.
Flatley, in July, said he was not privy to the executive session meeting where the matter was discussed so he was unable to comment. Zuhoski could not immediately be reached for comment.
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