Town of Webb Police Commis-sioner Ted Riehle presented an update to the Town of Webb Board on Monday, October 20, about the ongoing investigation and audit of the town’s police department.
Also made public was the agreement, approved by the Town Board, that opened the activity on July 28 under the direction of Joseph Loszynski, a Queensbury, NY investigator.
The agreement retains the Frye & Carbone law firm to take the lead, the Board having concluded that neither it or the Supervisor have the capability to conduct an in-depth investigation.
The attorneys are to report to the Supervisor and Board, according to the agreement.
Further, the decision was made to contract with Loszynski, due to his “considerable experience in conducting such investigations,” and the belief that his team would conduct the investigation more economically than would Frye and Carbone’s legal staff.
Loszynski would serve Frye and Carbone as an independent contractor.
It was agreed that Loszyn-ski’s rate would be $75 per hour.
Losynski was authorized by the Board to engage two additional investigators at a rate of $45 each.
Reasonable disbursements for each investigator would be paid by the Town as well, including hotel, meals, and mileage expenses.
The total cost of the investigation was not to exceed $30,000 without further written consent of the Attorneys.
The decision to enter into this arrangement was not done lightly or without the firm belief that it was in keeping with the sworn duty of the Town Board and himself, Supervisor Riehle has said.
Additionally, Frye and Carbone were authorized to acquire Errors and Omissions insurance, relating to the work of Loszynski, to cover damages of up to $3,000,000.
Loszynski was directed to submit detailed invoices weekly for his services.
It was also agreed that Loszynski would submit a detailed findings report within 15 days of his investigation’s conclusion.
The report would be directed to Frye and Carbone.
Supervisor Riehle has reported that the final cost of Loszynski’s work—which includes a comprehensive audit and assessment of Town of Webb Police Department operations—could near $100,000.
The original agreement was amended on September 16, as a result of the investigation, to include the audit and assessment.
The intention was “to develop policies, administrative procedures and best practices to be adopted and implemented by the Town of Webb Police Department,” according to an agreement.
The findings of the audit were to be reported to the Town of Webb Police Commis-sioner (Riehle).
It was also agreed that Loszynski would assist and advise the Police Commis-sioner in the hiring of additional officers and a chief to replace Chief Russell, who was set to retire on December 2.
It was stipulated that any agreements between Loszynski and Frye & Carbone could be terminated by either party at any time.
In updating the Town Board on the current status of the investigation and audit, Super-visor Riehle issued the following report:
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A Status Report of the Evaluation of the Town of Webb Police Department
Theodore C. Reihle Jr., as Police Commissioner of the Town of Webb Police Depart-ment, wishes to provide the Town Board of the Town of Webb with a status report of the ongoing evaluation of the Town of Webb Police Department.
In June of this year, the Town Board upon receipt of certain questions, concerns and information regarding the operation of the Town of Webb Police Department determined that a review and audit of the operation of the Department was necessary.
The Board at that time was also concluded that the review and audit might result in disciplinary action. Since neither the Board nor I as Supervisor and Police Commissioner felt capable of conducting such an investigation and Richard A. Frye, as Town Attorney, also felt he did not have the background or experience to conduct such an investigation and audit or evaluation of the Police Department operation.
Consequently in July of this year, at my instruction, Richard Frye entered into an agreement with Joseph Loszynski, the former Chief of Internal Affairs for the New York State Police, to conduct an audit and investigation.
A copy of the agreement dated July 28, 2014 is attached to this report.
Upon the retirement of Chief John Russell an amendment to the agreement of July 28, 2014 was entered into pursuant to which Mr. Loszynski would continue with his audit assignment of the operation of the Town of Webb Police Department, develop and provide the Department with a statement of policies and procedures to be adopted and implemented by the Department and further assist the town in the hiring of new police officers and a new Chief of Police.
A copy of the amendment is also attached to this report.
The audit report regarding the collection, storage and preservation of evidence, the handling and regulation of firearms, the maintenance of departmental inventories, the record keeping of time and attendance, the processing and investigation of complaints, the case reviews, the personnel complaint process and other aspects of the administration of the Department is near completion and will be available within several weeks.
This report will document the deficiencies in the operation of the Department and contain instructions as to how those deficiencies can be corrected.
In addition to the audit report, Mr. Loszynski will develop and create general orders for the different categories or disciplines within the Police Department operation, establishing procedures for a new filing system, the proper procedures for handling warrants, the development of a personnel complaint process, etc.
The general orders will be provided to the department shortly after the completion of the audit.
The case review of pending investigations has been completed. Over eighty (80) cases were reviewed and at least fifty-five (55) of those cases needed additional attention.
These investigations need to be completed and closed out.
Some of the cases simply require updates to determine the status of evidence, minor investigative follow-up, contact with the courts, completion of paperwork, etc., but a substantial number of the cases require further investigation and review.
Chief Andrew Kalil and Robert Dibble will be directed to complete those investigations with minimal oversight from Mr. Loszynski.
In accordance with the agreement with Mr. Loszynski, he will assist the Police Commissioner and advise the Town Board regarding the hiring of police officers and particularly the hiring of a new Chief of Police for the Town of Webb.
We are hopeful that the process of the selection of a new Chief of Police will be completed by Thanksgiving or the end of November.
The agreement with Mr. Loszynski provided that he could hire additional investigators to assist him in the investigation.
Mr Loszynski hired two former investigators of the New York State Police – William Kiernan and Maynard Cosnett.
In addition former chief Robert Dibble will assist in the implementation of the recommendations made to improve the operation of the Town of Webb Police Department.
To date the town has expended the sum of Thirty Six Thousand Nine Hundred Sixty-Six Dollars and Sixty-Two cents ($36,966.62) pursuant to its agreements with Mr. Loszynski. In addition, the sum of Thirty Nine Thousand Five Hundred Eighty Seven Dollars and Thirty Cents ($39,587.30) is owed for services rendered and expenses incurred to date.
Further, it is estimated that an additional sum of Thirty Five Thousand Dollars ($35,000) will be required to complete the process.
While this is a large sum of money, these expenditures were necessary to insure that the Town of Webb is provided with competent and appropriate police protection.