The recent story and subsequent comments about the Guardian Angels setting up patrols in Riverhead has shown that there is much division in the community. I have seen valid points raised both for and against their presence. Along with reading the police reports, the recent apprehensions of the bank robbery suspect and the individual accused of robbing both Barth’s Drug Store and Uncle Joe’s Pizza demonstrates the fine work the department continues to do on a daily basis.
As a recent retiree of the Riverhead Police Department I am not in favor of utilizing the Guardian Angels, which I think is to be expected. However, most of my opposition is based on fiscal matters.
Being concerned about potential liability I did some research on how municipalities were able to protect themselves. New York City drew up a Memorandum of Understanding. This document attempts to negate implications of control and consent for the purpose of what they phrase master-servant liability. They specifically state that they are not employees but an independent, autonomous civic group. This is all designed to avoid the state statutes that indemnify municipal employees. There is much more to it but that is the intent.
These patrols/recruitment are expected to start shortly. I did not read where either Mr. Sliwa or anyone at Town Hall has brought up the indemnity issue, so I have to wonder if it is being considered. I also have to wonder where we are going to have our document(s) crafted.
A recent Freedom of Information request revealed that in 2014 the town attorneys’ office was paid $660,526 for four attorneys including benefits, (not including clerical salaries). In that same year we paid out $546,076 to outside attorneys. Bill Duffy left the office earlier this year and now receives $1,000 per month to continue to do work for the town. The town attorney’s office is currently staffed by three attorneys and even busier than ever, being down one lawyer attorney. It could be that one of them is an expert on this subject but since it hasn’t come up before it isn’t likely. I can’t imagine that we just copy somebody else’s attempt at a document designed to limit liability and hope for the best so it seems logical that we will have to pay for it. I do not know what this will cost but I know that it would be necessary to limit our exposure. If it is as much as $50,000, which isn’t a lot for attorney’s fees, that would convert to approximately 500 hours of police overtime or 62 additional eight hour tours. I know where I would rather invest the money.
Yes, the Guardian Angels are free —but can we afford it?
Bob Peeker
Bob Peeker is a retired Riverhead Police lieutenant. He is currently seeking the Republican nomination for town board. He lives in Aquebogue.
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