ONEONTA, N.Y. -- Chief Joseph Redmond, in the wake of a police brutality allegation, has opted to retire rather than oversee the Oneonta Police Department through a period of "cultural changes," Mayor Dick Miller said late Monday night.
Miller, speaking after an executive session of the Common Council, also said independent investigator Joseph F. Loszynski has turned information about the police brutality allegation over to Otsego County District Attorney John Muehl.
"I think it's fair to say that he felt the evidence was sufficient enough that there may have been a crime committed," Miller said.
Bradford Shanks, 39, of Oneonta, told The Daily Star early last month that after a traffic stop on Market Street on Jan. 28 he was put in a headlock by Officer Michael Breen and then punched.
Shanks, who was later charged with third-degree aggravated unlicensed operation, resisting arrest, second-degree harassment and unlawful possession of marijuana, said the alleged beating occurred after he fled on foot to find a sergeant at the nearby police station to resolve a disputed license suspension.
Loszynski, a retired deputy superintendent of the Internal Affairs Bureau of the New York State Police, found OPD personnel did not follow department procedure beginning with Shanks' arrest and continuing with the handling and investigation of his complaint and communications within the department, Miller said in a statement prepared before the meeting.
"Additional interviews will be conducted and actions taken if warranted in this regard. Further, there were repeated failures in communication of the actions surrounding the incident and its aftermath to the mayor and Common Council, who have ultimate authority over the police department," Miller said. "After discussing the post-incident conclusions with Chief Joseph Redmond, and the changes which will be required in departmental procedures and in the following of such procedures, Chief Redmond has chosen to retire effective April 15, 2011."
After the meeting, Miller said Redmond was not given the choice to retire or be fired.
Miller said he and Redmond discussed the magnitude of the "cultural changes" needed within the department, and the chief opted to retire.
Redmond will be on paid administrative leave until April 15, according to the mayor.
"Joe Redmond has served the city of Oneonta with distinction for over 30 years and is to be thanked for his commitment to our citizens," Miller said in the statement.
After emerging from the closed session, which lasted more than an hour, the Common Council voted to accept Redmond's resignation. Under state Open Meetings Law, the Common Council is allowed to close meetings to discuss personnel matters.
The Common Council also voted to appoint Lt. Dennis Nayor as officer-in-charge of OPD at a $5,000 annual stipend, which would be pro-rated, and to retain Loszynski's services at a cost of $15,000 to bring the matter to a conclusion and issue a public report. That brings the total spent on the probe to $40,000.
All council votes were unanimous.
Redmond did not return a call for comment placed to his cell phone late Monday night.
Breen, 24, had been on paid administrative leave. He is now suspended without pay for 30 days pending a possible hearing, according to Miller.
Loszynski's review included interviews and sworn testimony of all of those who were involved in the incident, "as well as a number of highly credible civilian witnesses," Miller said in his statement.
"We have already begun searching for an experienced individual to act as temporary chief until such time as a search process for a permanent replacement can be initiated and completed, an activity which could take as much as 12 months," Miller said in the statement.
Nayor's duties as officer-in-charge began at midnight Monday, and he is to report to the mayor and the Common Council.
"The Oneonta Police Department is made up of individuals who have done a good job ensuring the safety of our city. While this is a sad day for Oneonta, it is also a new day," Miller said in the statement. "The mayor and the Common Council are committed to providing the community not with a good police department, but with a great police department. We are confident that the current officers and their continuing leadership will be part of that group."
Losyznski is being assisted by Robert Hughes and Maynard Cosnett, who are also state police retirees with a background in internal affairs.
Breen, speaking through the police union, has declined to comment to The Daily Star. But Breen sent an e-mail to all eight aldermen and the mayor suggesting he was being targeted for an anonymous sexual harassment complaint earlier this year against Redmond.
That complaint, investigated by city Personnel Director Kathy Wolverton, was judged by the city to be unfounded and no action was taken against Redmond, who has been with the department for 33 years.
A previously scheduled civil service examination was given by the city Saturday, and Nayor was one of three test takers, according to Miller.
No other members of the department took the test.
The city periodically gives examinations for positions for which there aren't job openings to maintain eligibility lists for unexpected vacancies.
Redmond was appointed chief Aug. 1, 2006, after serving several years as lieutenant.
McClatchy-Tribune News Service
