2012-02-08 / Front Page

Officer could be fired for alleged misconduct

by DARLENE M. DONOHUE
Editor

A Town of Tonawanda police officer is being reprimanded, and may even be fired for unspecified actions allegedly committed last week.

The Town Board during its meeting on Monday delegated the authority to Chief Anthony Palombo to commence a disciplinary action against Officer James R. Jack, who is accused of a form of misconduct while on duty Feb. 1.

Palombo was granted permission to terminate Jack if he sees fit as a result of further investigation.

The chief said he didn’t want to comment on the matter because of the ongoing investigation. He did say no criminal charges have been filed at this time.

“I don’t wish to comment further because this is a personnel matter,” said Palombo.

Under the collective bargaining agreement with the Town of Tonawanda Police Club, Jack may elect to challenge discipline through the grievance and arbitration procedure. The officer may then demand a hearing under Civil Service Law, in which case his termination wouldn’t take effect until the hearing is conducted.

Councilman Joseph Emminger noted that this type of procedure isn’t unprecedented. He then said that there was another veteran officer, whom he didn’t name, who recently returned to duty and will soon be retiring under the conditions set forth following arbitration. He believed that Jack may soon retire as well depending on what happens with his case.

The town is also working on a matter involving environmental concerns brought on by operations being conducted at a business near Werkley Road.

Ron Labuda complained to the town and the state Department of Environmental Conservation that noise and noxious smoke are created during the cremation of human remains at the nearby Amigone Funeral Home.

Emminger said he and Councilman Dan Crangle toured the area recently, and discovered that Labuda’s complaint is valid.

The councilman said a meeting with the DEC will be planned in the near future to see what further actions can be taken to address the issue.

In other action, the board announced that it has officially entered a co-operation agreement with the City of Tonawanda for the purpose of sharing a property assessor.

“This is the first step toward mutual services, and we hope to have more in the future,” said Supervisor Anthony Caruana.

Emminger said a new assessor, a male, has been selected and that the two municipalities will announce the name of the shared employee sometime within the next 10 days. He noted that the assessor’s department will save approximately 10 percent in its annual budget under this new agreement.

He added that the new hire will be appointed for a term that expires Sept. 30, 2013, and then reappointed to a six-year term. Emminger explained that all state assessors are appointed at the same time to six-year terms, so all the appointments expire at the same time. When the new assessor is reappointed, his term will expire in 2018. However, the co-operation agreement between the city and town is only a five-year deal.

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