A ruling from an arbitrator overturned narcotics cop Billy White’s termination, forcing the city to retreat from its effort to fire detective Clarence Willoughby (pictured).
The ruling “disemboweled” the city, boasted Willoughby’s attorney, Norman Pattis. “They’re falling on their sword for the day.”
Willoughby, the fourth cop arrested on corruption charges in the past year, has pleaded not guilty to charges that he stole thousands of dollars in department informant money. He filed for retirement on Feb. 6, before turning himself in. He was due to face a termination hearing Thursday night. Then came word from the arbitrator.
Thursday’s ruling threw a wrench in the city’s effort to get tough on corrupt cops by firing them even if they’ve already submitted for retirement.
An arbitrator reversed the city police commission’s decision to terminate Lt. White (pictured), who had filed for retirement after being snared by an FBI probe in the department’s theft and bribery scandal. The arbitrator concluded that firing White was in violation of the city Police Union contract, announced city spokeswoman Jessica Mayorga. (Click here for the city press release).
“The language in the contract is unfortunate,” said Mayor John DeStefano, Jr. in a press release Thursday. The city’s position was that a city General Order, not the union contract, should have taken precedent in determining exactly when someone has retired.
Hours before the city police commission had planned to hold Willoughby’s termination hearing, the city had to change its plans. The city swiftly canceled that hearing and withdrew its administrative charges against the detective, Mayorga announced.
The firing/retiring fight has popped up for each of the four cops arrested over the past year, including ex-Dets. Justen Kasperzyk and Jose Silva. DeStefano Thursday bemoaned the lack of a recourse to get tough on cops who’ve abused their powers.
“Bad Boy” Clause Sought
“When someone fails to uphold their oath to the community, breaks their trust and behaves in the manner that White, Kaspezyck [sic], Silva and Willoughby did,” DeStefano said, “they don’t deserve to be able to retire from the Police Department nor do they deserve the benefits that accompany that designation.”
White’s attorney, Hubert Santos, could not be reached for comment Thursday. White himself has been granted a $91,000 annual pension.
Police Chief Cisco Ortiz conceded that while he had been “adamant” in firing Willoughby, he accepted the ruling’s interpretation that the detective had effectively retired 10 days ago, and thus could not be fired.
As the mayor sits down to negotiate a new contract with the city police union, he said he’ll be pushing for inclusion of a “bad boy” clause, that would strip cops of their pensions and retirement benefits if they abuse public trust.
The union president, Louis Cavaliere, couldn’t be reached by press time.
Meanwhile, Willoughby’s attorney, Pattis, said he’s champing at the bit to start a jury trial. Willoughby’s case has been moved to Superior Court Part A, which is reserved for more serious criminal matters.
“Bring it on,” said Pattis. “We’re ready for jury selection.”