Cortlandt, Former Police Chief May Face Trial Showdown
It appears the federal legal battle between the Town of Cortlandt and former Police Chief Robert Pavone and his wife will be decided by a judge or jury.
A pretrial conference is scheduled in two weeks in White Plains after U.S. District Court Judge Cathy Seibel denied the town’s motion in an April 30 ruling to dismiss the 10 claims brought by Pavone and his wife Valerie, a former longtime town employee and white collar representative for the AFSCME union.
Of the 10 claims, Seibel only backed the town in Pavone’s breach of contract claim regarding his 207-c salary benefits and Valerie’s claim that she was forced to work out of title.
“She (Seibel) has essentially said all of the law that we have applied is correct and all of the law they applied is incorrect,” Robert Pavone said. “They haven’t played fairly at all, they have been vindictive and now it’s catching up with them. I’m pretty confident we’ll be able to prevail and tell our story to a jury.”
The lawsuit Pavone filed against the town, members of the Town Board personally and Town Attorney Thomas Wood for First Amendment retaliation and denial of workers’ compensation benefits had been in Seibel’s hands for seven months.
The Cortlandt Police Department was abolished in 1998 by the town board as a cost cutting move and police services were taken over by Westchester County Police and State Police. Members of the police department sued Cortlandt, and prior to the start of a scheduled trial on March 20, 2000 the two parties agreed to a $1.77 million settlement.
As part of the settlement, Robert Pavone was guaranteed medical and dental benefits under 207-c until he received disability retirement based on back and neck injuries he suffered when a chair collapsed at police headquarters. The benefits he received under 207-c stopped in 2008, which he claimed were connected to Valerie’s union activities. She retired in 2011. Robert Pavone also has been denied disability retirement by the state and is appealing.
In its legal response, Cortlandt maintained it followed the terms of the 2000 settlement, which cost the town about $3 million in legal fees.
“They’ve had a course of conduct over 14 years of screwing with me and my family every opportunity they get,” Pavone said. “It seems pretty clear by the judge that they did some bizarre things.”
Meanwhile, Pavone was recently appointed by the United Federation of Police to the board of directors of the National Law Enforcement Officers Memorial Fund: Carved on These Walls, which is constructing a $168 million museum in Washington, D.C.
Pavone, who is vice president of the police council for the United Federation of Police, president of the Police Chiefs Benevolent Association and board chairman for New York Crime Stoppers, said his appointment was on par with being a veteran named to the national Veterans Memorial Wall committee.
“That’s about as high a career pinnacle as you can get,” he said. “I’m so thrilled being on the museum board. I’m very proud of it.”
By Rick Pezzullo
Adam has worked in the local news industry for the past two decades in Westchester County and the broader Hudson Valley. Read more from Adam’s author bio here.
