By Shawn Cohen, The Journal News (Westchester, N.Y.)
GREENBURGH, N.Y. — Ossining Police Chief Joseph Burton won a court order yesterday temporarily preventing the village from hiring a police commissioner, a day after he sued the Board of Trustees for creating a position he says would illegally undercut his authority.
Mayor John Perillo and the board, which was to begin interviewing candidates for the new $130,000 job tonight, can challenge the interim order Wednesday in state Supreme Court.
A dozen Westchester police chiefs, and a representative of the state chiefs association, gathered around Burton yesterday at his lawyer’s office in Greenburgh, offering a show of support as his legal action was announced. The lawsuit claims the village charter does not allow a commissioner.
“This lawsuit is intended to prohibit the future abuse of power from elected officials who manipulate village management and municipal employment to suit their personal agenda, regardless of the effect upon the citizens they are elected to protect and to serve,” lawyer Andrew Quinn said.
The Republican mayor, elected last year, has said a commissioner would solve what he called a management problem in the department, targeting drug dealing and quality-of-life infractions. Perillo would make Burton’s job responsible for education and training.
Burton stood silently yesterday as his lawyer accused the mayor of orchestrating a “smear campaign” to undermine the chief.
“The mayor’s actions in attempting to force Chief Burton from his position reeks of cronyism,” Quinn said, noting the mayor has solicited applications from four Ossining village lieutenants and an Ossining town lieutenant.
In the court papers, Burton said Perillo offered him a $100,000 buyout to resign, publicly criticized his leadership and transferred his administrative assistant to another office, among other things.
“The mayor’s effort to create the position of police commissioner, while blatantly illegal, is the latest in a series of actions undertaken by the mayor and certain members of the Board of Trustees to force me from my civil service position,” his papers state.
Perillo said he could not discuss the lawsuit and that he had not yet seen it. He reiterated that the creation of the new post, which may be called “director of public safety,” would improve the village.
“It’s a way to strengthen management, to make quality-of-life improvements and create zero-tolerance for drug dealing,” he said.
Asked about the $100,000 buyout claim, Perillo responded, “I have no idea what that’s about.”
Quinn touted Burton’s accomplishments during his 12-year tenure, stating he presided over a 60 percent reduction in crime, started an arson team, oversaw the construction of a new police station and improved the reputation of the department. Burton requested $110,000 to hire three more police officers before the new post was introduced.
Dobbs Ferry Police Chief George Longworth, the attorney for the Westchester police chiefs association, submitted an affidavit in support of Burton’s case.
“If a mayor gets elected and has his own agenda and might not personally like the police chief that’s there,” Longworth said, “if that person is allowed to (create) a commissioner overseeing that department, it could affect basically every town and village in the state of New York.”