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Code Enforcement

Fred Leute (right) presented certificates of commendation to code officers during a general meeting of the Port Jefferson Board of Trustees on Monday, Feb. 6. File photo by Raymond Janis

Fred Leute, the code enforcement chief in the Village of Port Jefferson, has been suspended with pay.

In an email, Deputy Mayor Kathianne Snaden, the village’s public safety commissioner, confirmed Leute’s suspension. 

“Chief Leute has been suspended with pay until further notice,” Snaden said. “The department is running smoothly, and the village is safe and in good hands.”

The news comes just days after Leute delivered the department’s monthly report on public safety during a Board of Trustees meeting held Monday, Feb. 6. 

Mayor Margot Garant said in an interview that Leute “had the opportunity to resign, and if he didn’t resign, then he has been informed that he will be brought up on the [New York Civil Service Law Section] 75 disciplinary charges and potentially have a hearing.” 

When asked whether any particular incident precipitated the suspension, Garant declined to provide further details. “I cannot disclose anything that’s led up to this,” the mayor said. “He has rights. There’s a procedure to follow — being brought up on charges and having the hearing that he’s entitled to.”

Asked whether she or the village board had decided to suspend, Garant said, “The Board of Trustees was fully informed in exec session — and the labor attorney as well. There is no technical vote that has to happen until a hearing officer, after the hearing, makes a recommendation to the Board of Trustees.” She added, “Based on that recommendation, we will then take further action.”

Section 75

Village residents ‘have to assume that the person being charged is not guilty, and they shouldn’t expect any details until the hearing process has proven otherwise.’

— Ken Girardin

The state law requires that an employee covered under Section 75 “may not be removed or otherwise subjected to disciplinary penalty except for incompetency or misconduct shown after a hearing upon stated charges.” 

Ken Girardin, a fellow at the Albany-based Empire Center for Public Policy, has extensively researched the Section 75 disciplinary review process. In an interview, he said the guidelines have been in place for nearly a century, laying out the ground rules by which a public employee can be charged and disciplined.

Section 75 “sets a process where those charges can be laid out and answered in a court-like setting, where an employee can bring witnesses in his or her defense,” he said, offering elected officials “an opportunity to decide whether that discipline should be meted out.”

Girardin suggested a degree of confidentiality is embedded within the review process to protect the due process rights of public employees.

“With respect to the public, there’s always a tough balance between keeping the public apprised of what’s going on and respecting employees when charges have not yet been substantiated,” he said. “But with respect to transparency, the public has an absolute right to know whenever an employee is disciplined” following a Section 75 hearing.

Along with transparency is the matter of cost, which Girardin stated can quickly add up. Between the expense of paying a hearing officer, prosecutor, stenographer, potential witnesses and the suspended employee, he said municipalities must weigh the costs of going through with a hearing.

“The cost becomes a part of the calculation with employee discipline,” Girardin said, adding that mounting costs often increase the likelihood of a settlement, “the terms of which the public should know.”

Given the sensitive nature of the dispute, Girardin maintains that village officials are in a difficult bind, simultaneously weighing competing values of promoting transparency while respecting due process.

“To be fair, it puts them in a really weird spot,” he said. “Because it is a personnel matter, where someone is potentially still without fault here, it’s really hard for them to talk about it.”

For village residents who may wish to stay informed about a potential disciplinary proceeding, Girardin implored them to wait patiently and to respect the procedures put in place.

“They have to assume that the person being charged is not guilty, and they shouldn’t expect any details until the hearing process has proven otherwise,” he said.

A moment in village history

In Leute’s absence, deputy chief John Borrero has assumed the role of acting chief. Garant ensured that the transition within the code department was relatively smooth.

“Everything is pretty automated up there,” she said. “We’re… assuring the ladies and gentlemen of the code bureau that they’re going to continue to get the support that they have always gotten from the administration and from the executive team here.” 

Leute’s suspension also came shortly after Garant announced her retirement from public service. When asked if there was any connection between the two matters, she said they were unrelated.

“Unfortunately, this is the way the timing worked out,” the mayor said. “It is just a coincidence,” adding, “I wish that the timing had been altogether different.”

 

File photo

Incidents of vandalism in Port Jefferson village targeting both public and private property have sparked debate among residents. 

During a public meeting held at Village Hall on Tuesday, July 5, Deputy Mayor Kathianne Snaden reported that newly renovated bathroom facilities at Rocketship Park were vandalized just four days after opening. During the incident, a toilet paper dispenser was kicked off the wall.

Fred Leute, chief of code enforcement, outlined the long history of vandalism at this site. He said the bathroom has been targeted several times in recent years. 

In the past, vandals tampered with the paper dispensers, tearing out towels and throwing them around. The renovations made to the bathroom were intended to limit such behavior. 

Leute attributes the vandalism of the bathrooms primarily to boredom. “They’re there and they’re very bored,” he said.

In an exclusive interview, Snaden detailed the precautions undertaken by the village to safeguard the facility from such vandalism. 

“The bathroom was built solid, using materials and concepts that are even done in prison bathrooms,” she said. “Even having done that, there was vandalism in the bathroom.”

This prompted the village board of trustees to institute a closing time of 7 p.m. for both bathrooms at Rocketship Park. The stated purpose of this measure, according to this month’s edition of The Port eReport, is “to protect our valuable asset and ensure that the families visiting Rocketship Park can use our village amenity worry-free.” 

Snaden added that the bathrooms are easy targets for vandalism given the conditions of privacy and seclusion that are inherent to any restroom facility.

“The bathrooms are out of sight,” she said. “As much as people say, ‘Code is out there. Why isn’t code preventing this?’ Well, code cannot follow people into bathrooms.”

Both Snaden and Leute said that efforts to monitor vandalism in the bathrooms and counteract this problem remain ongoing.

Vandalism downtown

Along with the vandalism of the bathrooms, several storefronts have been hit in recent weeks by vandals. Leute said that his department has received three reports of vandalism since June 24. 

Debbie Bowling, owner of Pasta Pasta, said that her restaurant was targeted by three individuals one night who pulled flowers from the flower boxes and tossed them in the street.

“It wasn’t a big financial cost, but it was very disheartening,” Bowling said. “It’s not the first time, unfortunately. We have had Christmas lights pulled off. We have had other plants pulled out and damaged.”

Christine Nyholm is the owner of the Port Bistro and Pub, a location that was also vandalized recently. She had to replace two of her outdoor tables after they were damaged overnight. Nyholm said these acts of vandalism interrupt her business operations. 

“It disrupts us the next day because we have less tables,” she said. “Because the tables are totally broken and we can’t use them anymore, we can’t put them out to feed people.”

Village response

Leute maintained that incidents of vandalism must be reported in a timely manner and to the proper authorities first.

“Call Suffolk [police department], make a report, write down the field report — the central complaint number — and then call us immediately after you have done that,” he said. “We have investigators here. We’ll immediately investigate it.”

These procedures were followed properly after the vandalism of Pasta Pasta, according to Leute. Because of this, two of the three vandals have already been identified by his department. He urged village residents to follow this example during future instances of vandalism.

By holding off on reporting these matters to police, Snaden said the village is limited in its ability to gather the necessary information to investigate the incident.

“We do have cameras throughout the village and that footage is only held onto for so long,” she said, adding, “If we find out about it within a day or two, that footage can be grabbed and we can then start to look to identify and hand that over to Suffolk police.”

On the whole, Leute does not view vandalism as a critical public safety concern, saying that this is not supported by the data provided by the Suffolk police department. The police department could not be reached for comment for this story.

To the business owners who may be at risk of future vandalism, Leute said they can protect their storefronts by moving equipment indoors before closing.

“They really should put away any movable objects, such as small tables or chairs or umbrellas,” the code chief said. “If you put it away and put it under lock and key, they can’t destroy it or turn it over or do any of those things.”

Despite these added precautions on the part of business owners, Snaden reiterated that vandalism is a disruptive behavior that will not be tolerated in the village.

“That being said, we don’t want to minimize this behavior … or any type of behavior that damages anybody’s property,” she said. “We all have to work together and I think step one is putting things away.”

File photo from Kathianne Snaden

In light of the recent shooting that happened in Port Jefferson village early Saturday morning, local officials said an increase in police presence and an extension of code officers’ hours will begin immediately.

On June 19 at 1:56 a.m., shots were fired in the parking lot of the bar located at 109 Main St.

Two men, a 22-year-old and a 20-year-old, were hit, causing serious injuries.

According to Fred Leute, village chief of code enforcement, code officers were getting ready to end their shift at 2 a.m. when they heard the sound of gunshots.

Leute, along with three other officers, ran to the scene where one of the code enforcers used his belt to create a tourniquet for the man whose leg was severely injured by the bullet.

“We realized he was going downhill quickly,” Leute said.

Two of the officers tended to one victim, while the other two brought the man with the leg wound to the Stony Brook Trauma Center.

At the time of the shooting, the village’s Suffolk County Police Department Whiskey Unit was at Mather Hospital with an individual they transported there earlier for a medical condition.

Since the two Whiskey Unit officers were tending to another person, village officials have decided to have code enforcement extend their hours until 6 a.m. and will increase their police presence Down Port.

On Tuesday, June 22, trustee Kathianne Snaden and Mayor Margot Garant spoke with SCPD 6th Precinct Inspector Patrick Reilly to request more officers patrolling the village. They also spoke to Legislator Kara Hahn (D-Setauket) and a representative from Gov. Andrew Cuomo’s (D) office.

“After speaking with Legislator Hahn, Inspector Reilly and the governor’s office, and exploring all avenues of enforcement, we can confirm that we will have an increased Suffolk police presence in the village,” Snaden said.

Additionally, the village has extended code hours until 6 a.m. Fridays and Saturdays to keep an eye on the popular local bar scene post-COVID.

“We are taking a zero-tolerance stance on establishments serving alcohol to minors,” Snaden said.

Garant said during Monday’s board of trustees meeting that she was “deeply disturbed” by the incident.

“But we’re grateful that the two young men are still with us,” she said.

Garant added that this type of behavior will not be tolerated in the village.

“We are working with all our state agency partners to bolster police presence, enforcement and proactive measures to prevent underage drinking at our establishments,” she told TBR News Media on Tuesday. “We are committed to doing what we can as a village and local authority.”

While the investigation is still ongoing, just 30 hours after the incident, 20-year-old Port Jefferson Station resident Ethan Ladd was charged with two counts of assault in the first degree, a felony.

He was arraigned at First District Court in Central Islip on Monday, June 21 and released on $25,000 bail.

 

Port Jefferson code Chief Wally Tomaszewski. File photo by Elana Glowatz

By Alex Petroski

A Port Jefferson Village fixture for more than 35 years is saying goodbye to his role in the community.

Code Enforcement Chief Wally Tomaszewski is retiring, according to an announcement by Mayor Margot Garant during a public Village Board meeting June 4.

“Chief Tomaszewski came in and he signed a retirement letter today with us,” Garant said. “He is going to be retiring, receiving his compensation for the month of June, and we will be searching for a new chief of the bureau. There’s a lot of change in the department in terms of technology, things that have to happen, and chief, we wish him well. We want to recognize him and retire him in this community for the public service he has provided for us for 35 years. And we mean that sincerely.”

Garant made the announcement when asked by a resident what was going on, as rumors had begun swirling on social media over the weekend about Tomaszewski’s job status and the story behind the departure.

Tomaszewski did not respond to a request for comment.

Community members packed Village Hall for the June meeting to discuss a host of issues, but the larger than normal turnout was likely largely a reflection on rumors about the chief.

“We spoke about this Friday, we shook hands, he came in today and signed his letter,” Garant said.

Several attendees spoke in support of Tomaszewski and asked the board to reconsider accepting the letter.

“I moved here about 50 years ago, and the reason we did was because this was a personal village,” resident Naomi Solo said. “It was a special village, and I think the person that really epitomizes this, besides yourself, was Wally. The loss of Wally is devastating.”

The chief was known for being on call for residents, be it to address noise complaints in the middle of the night or assist the Suffolk County Police Department in certain cases.

“I think you’ll be hard-pressed to find a replacement that’s equivalent to him,” resident Marge McCuen said.

Deputy Code Chief Fred Leute will serve as the acting chief, according to Garant.

Ivan Albert, owner of Sweet ‘n’ Savory and Ralph’s Italian Ices & Ice Cream on Main Street in Port Jeff, says a group of unsupervised teenagers are disrupting business. Photo by Kevin Redding

Port Jefferson is a walkable, waterfront village that attracts members of its own community and neighboring ones regularly, especially when the weather improves and schools are closed. In theory it should be an optimal environment for business owners thirsty for more foot traffic on Main Street, but at least one is not enjoying the influx of customers.

Ivan Albert, owner of Sweet ‘n’ Savory and Ralph’s Italian Ices & Ice Cream on Main Street in Port Jeff, says a group of unsupervised teenagers are disrupting business. Photo by Kevin Redding

Ivan Albert is the owner of two shops on Main Street in Port Jefferson Village: Ralph’s Italian Ices & Ice Cream, and Sweet ‘n’ Savory, a café that specializes in gourmet crepes. He said throughout the course of the last year an ongoing situation has developed in the two stores involving a group of about 60 teenagers — Albert speculated in an interview at Ralph’s that most of the offenders are 14 or 15 years old — who use profanity, enter and exit the store repeatedly in large groups, are rude to employees and other customers, smoke from vaporizers within the stores, and even occasionally steal items or damage property.

“This year it has gotten really bad,” Albert, a Mount Sinai resident, said. “It just seems like the thing to do is for parents to just pull up and drop their kids off in Port Jeff and say ‘I’ll pick you up at 11 at night or midnight, have fun with your friends.’”

Albert said he has tried to approach the group nicely to convey his message that he believes their behavior is bad for business, but it hasn’t worked.

“They’re having fun with their friends, and I’m good with that, I was once young and having fun with your friends is great,” he said. “When a family comes in with young kids, or any family, looking to have a nice time, they don’t want to hear cursing. And then there’s fighting and throwing stuff and breaking stuff — it’s horrible.”

Albert said he repeatedly has called village code enforcement and the Suffolk County Police Department to complain and report issues. He said he believes the constables in the village “have their hands tied” and aren’t able to make any meaningful changes, and county police often take too long to respond to calls about teenagers causing a nuisance for businesses.

“Out of control — and business people can’t cope with rudeness, vulgarity and profanity,” Port Jefferson Village code chief Wally Tomaszewski said in a text message of the unsupervised teenagers walking the streets most nights that aren’t followed by school days. “My officers do all they can at night to try and control them.”

The SCPD did not respond to a request for comment in time for print.

“It deters people from coming. I feed my family with these businesses.”

— Ivan Albert

An employee at Sweet ‘n’ Savory, a 20-year-old Port Jefferson resident who asked to be identified only as Chris, said he doesn’t feel the kids present a tangible threat, but their presence is bad for business.

“They’re not really dangerous or a threat just because they are so young, they’re just obnoxious,” Chris said. “They light firecrackers outside of the doors, they harass the people that walk by them. It’s annoying for the business because customers don’t like it. They don’t want to be bothered, so some people are just like, ‘Well if this is how it is I’m not coming back here.’”

Albert said he’s gotten complaints from the parents of his employees, who tend to be in the 17- to 25-year-old range, about the environment their kids are forced to work in. He said his wife tried to spread the message to parents in the area by posting on Facebook about the problem last week, while many of the local schools were on spring break.

“I would just like to reach out as a mom above and before being anything else,” the post said. “There is an extremely large group of kids high school age that hang out around Main Street in Port Jeff. If you are allowing your sons and daughters to spend their free time roaming the streets there I would like to inform you about what goes on. They are totally disruptive, rude, obnoxious and out of control.”

Albert said the post was shared several times, and his plan is to record more incidents on his cellphone and post them on social media going forward in the hopes that parents might see it and lay down the law with their own children.

“The kids aren’t going to stop on their own. I need to bring awareness to the parent that’s dropping them off,” he said. “It deters people from coming. I feed my family with these businesses.”

Port Jefferson code Chief Wally Tomaszewski. File photo by Elana Glowatz

Code enforcement officers in Port Jefferson will get a raise for the first time in several years if they approve their first union contract next week.

At the Jan. 4 village board of trustees meeting, the board approved the new agreement, settled upon a couple of years after negotiations began. The Port Jefferson Constable Association union must still ratify the contract to finalize it.

The new agreement would be retroactive to June 2014 and run through the end of May 2018, Trustee Bruce D’Abramo said in a phone interview. With part of the contract being retroactive, so is part of the proposed pay increase — the union members would receive an extra $1.50 for each hour they worked between June 2014 and the end of May 2015; and another $1.75 per hour worked from June 2015 and onward.

Moving forward, the officers from the Code Enforcement Bureau would receive an hourly bump of $0.25 each new year of the contract, meaning they would get a raise in June 2016 and June 2017.

The few dozen staff members covered under the proposal includes code enforcement officers and sergeants as well as appearance ticket officers, D’Abramo said. The union does not include code Chief Wally Tomaszewski or three lieutenants in the bureau.

According to both village officials and the union, it has been a while since the officers received a raise.

Port Jefferson Constable Association President Tom Grimaldi has been a code officer for more than seven years, he said, and the last salary increase was “way before I got there. Probably at least 10 years ago.”

D’Abramo noted that before the proposed raises kick in, the pay for code enforcement officers is $16 per hour. For sergeants, the pay is $18.25 per hour, and appearance ticket officers currently get $13.50 per hour.

The contract is “a long time coming,” Grimaldi said.

And D’Abramo said village officials are happy to put the negotiations behind them so they can finally “give the code officers, who do such a good job for the village, the kind of remuneration” that is comparable to such officers in other villages.

The constables have been particularly visible recently with some high-profile incidents in Port Jefferson Village.

In mid-December, a Belle Terre man was killed when he lost control of his Lamborghini while driving up a steep East Broadway hill and crashed into a pole near High Street. Officer Paul Barbato was the first on the scene, finding a “horribly mangled vehicle with a person still alive inside,” Trustee Larry LaPointe reported at a board meeting shortly after the crash. Barbato got inside the car and attempted CPR on 48-year-old Glen Nelson, but the driver later died.

“You can only imagine the scene he came upon,” Mayor Margot Garant said on Jan. 4.

In a phone interview, Tomaszewski said Barbato “tried desperately to save his life. Believe me, his boots were filled with blood.”

Code enforcement officer James Murdocco. File photo by Elana Glowatz
Code enforcement officer James Murdocco. File photo by Elana Glowatz

A couple of weeks later, on New Year’s Day, patrolling code officers James Murdocco and John Vinicombe responded to an overdose at the Islandwide Taxi stand near the Port Jefferson Long Island Rail Road station.

LaPointe said at the board meeting on Jan. 4 that Murdocco administered the anti-overdose medication Narcan and “saved the person’s life by doing so.”

Tomaszewski described another recent incident in which officer Gina Savoie “thwarted a burglary” on Crystal Brook Hollow Road. He said after Savoie took action and called for police assistance, the two suspects, who are from Coram, were arrested for loitering.

“My hat goes off to the code enforcement bureau,” Garant said at the most recent board meeting. “They’re out there handling things that are unimaginable for us to even contemplate.”