August 19, 2016

Police Chief Michael Sullivan
20 Maple Avenue
New City, New York 10956

RE: NOTICE AND STATEMENT OF AMENDED CHARGES
Chief Sullivan:

This is to inform you that in accordance with applicable provisions of law the following
charges are preferred against you:

CHARGE I MISCONDUCT


Failure to Perform Your Duties

On or about January 14, 2016 and/or on prior dates, you received a report or reports
which indicated that a Clarkstown police sergeant, who reported directly to you, had engaged or
was about to engage in improper and/or illegal surveillance of a group of individuals who were
exercising their constitutional rights. You failed to take any action to correct this improper
and/or illegal activity. On January 14, 2016 you received information from another member of
law enforcement that he had to correct the improper or illegal activities of the Clarkstown police
sergeant in question who reported directly to you. Despite that information you took no action to
discipline that of?cer or remove him ??om that assignment. Your conduct in failing to supervise
and/or correct this police sergeant?s conduct constitutes failure to perform your duties in
violation of General Order 130, Article This is misconduct.

CHARGE I -- MISCONDUCT

Specification 2
Inattention to Duty

On or about January 14, 2016 and/or on prior dates, you received a report or reports
which indicated that a Clarkstown police sergeant, who reported directly to you, had engaged or
was about to engage in improper and/or illegal surveillance of a group of individuals who were
exercising their constitutional rights. You failed to take any action to correct this improper
and/or illegal activity. On January 14, 2016 you received information from another member of

law enforcement that he had to correct the improper or illegal activities of the Clarkstown police
sergeant in question who reported directly to you. Despite that information you took no action to
discipline that of?cer or remove him ?'om that assignment. Your conduct in failing to supervise
and/or correct this police sergeant?s conduct constitutes inattention to duty in violation of
General Order 130, Article This is misconduct.

CHARGE II - INCOMPETENCE

Specification 1
Incompetence or Inefficiency in the Performance of Duty

On or about January 14, 2016 and/or on prior dates, you received a report or reports
which indicated that a Clarkstown police sergeant, who reported directly to you, had engaged or
was about to engage in improper and/or illegal surveillance of a group of individuals who were
exercising their constitutional rights. You failed to take any action to correct this improper
and/or illegal activity. On January 14, 2016 you received information from another member of
law enforcement that he had to correct the improper or illegal activities of the Clarkstown police
sergeant in question who reported directly to you. DeSpite that information you took no action to
discipline that of?cer or remove him ?'om that assignment. Your conduct in failing to supervise
and/or correct this police sergeant?s conduct constitutes incompetence and/or inef?ciency in the
performance of duty in violation of General Order 130, Article This is incompetence.

CHARGE MISCONDUCT

Speci?cation 1
Knowingly or Willfully Violating A Law, Ordinance, Rule or Regulation

Upon information and belief, on one or more occasions during 2015, you directed and/or
authorized a police sergeant to conduct investigations of individuals without any reasonable basis
to do so and/or condoned such investigations. The individuals who were the target(s) of these
investigations included members of the public, members of the judiciary and/or members of law
enforcement. Your conduct in directing, authorizing and/or condoning these investigations
constitutes knowingly or willfully violating any law or ordinance of the U.S., the State of NY, or
of a community within the State, or any rule, regulation, order or instruction of the Department
in violation of General Order 130, Article IH, 

CHARGE MISCONDUCT

Specification 2
Failure to Treat Any Person Civilly and Respectfully

Upon information and belief, on one or more occasions during 2015, you directed and/or
authorized a police sergeant to conduct investigations of individuals without any reasonable basis
to do so and/or condoned such investigations. The individuals who were the target(s) of these
investigations included members of the public, members of the judiciary and/or members of law
enforcement. Your conduct in directing, authorizing and/or condoning these investigations
constitutes failure to treat any person civilly and/or respectfully in violation of General Order
130, Article HI, 

CHARGE MISCONDUCT

Speci?cation 3
Immoral Conduct

Upon information and belief, on one or more occasions during 2015, you directed and/or
authorized a police sergeant to conduct investigations of individuals without any reasonable basis
to do so and/or condoned such investigations. The individuals who were the target(s) of these
investigations included members of the public, members of the judiciary and/or members of law
enforcement. Your conduct in directing, authorizing and/or condoning these investigations
constitutes immoral conduct in violation of General Order 130, Article A(l6).

CHARGE -- MISCONDUCT

Speci?cation 4
Using Department Communications for Personal, Social or Unof?cial Purposes

Upon information and belief, on one or more occasions during 2015, you directed and/or
authorized a police sergeant to conduct investigations of individuals without any reasonable basis
to do so and/or condoned such investigations. The individuals who were the target(s) of these
investigations included members of the public, members of the judiciary and/or members of law
enforcement. Your conduct in directing, authorizing and/or condoning these investigations
constitutes using Department communications for personal, social or unofficial purposes in
violation of General Order 130, Article 

CHARGE MISCONDUCT

Speci?cation 5
Conduct Which Bring Discredit Upon the Department

Upon information and belief, on one or more occasions during 2015, you directed and/or
authorized a police sergeant to conduct investigations of individuals without any reasonable basis
to do so and/or condoned such investigations. The individuals who were the target(s) of these
investigations included members of the public, members of the judiciary and/or members of law
enforcement. Your conduct in directing, authorizing and/or condoning these investigations
constitutes conduct which brings discredit upon the Department in violation of General Order
130, Article HI, 

CHARGE IV - MISCONDUCT

Em
Disobedience Of An Order

On or about July 1, 2016 you were instructed by the Town Supervisor, who was acting on
behalf of the Town Board, to immediately reassign a police sergeant to a different post and
con?rm that the reassignment had been completed on that day. On or about July 3, 2016, you
contacted one or more members of the Town Board and stated in words or substance that the
reassignment had not been completed and sought their con?rmation of the Supervisor?s
directive. Your actions constitute disobedience of an order in violation of General Order 130,
Article HI, This is misconduct.

CHARGE MISCONDUCT

Speci?cation 2
Disobedience Of An Order

On or about June 20, 2016, the Town Supervisor directed you to re?'ain from
commenting in any forum on any matter involving the Town on any litigation involving the
Police Department without clearing your comments with the Town Attorney. Notwithstanding
that directive, on or about July 3, 2016, you contacted one or more members of the Town Board
and stated in words or substance that the reassignment of a certain police sergeant had not been
completed, and you sought their con?rmation of the Supervisor?s directive of July 1, 2016 that
you immediately reassign the police sergeant to a di?'erent post and con?rm that the
reassignment had been completed on that day. The subject of your communication related to a
litigation and/or contemplated litigation involving the Police Department. You did not clear your
comments with the Town Attorney before contacting the member(s) of the Town Board. Your
conduct in contacting one or more members of the Town Board directly without ?rst clearing
your comments with the Town Attorney constitutes disobedience of an order in violation of
General Order 130, Article HI, This is misconduct.

CHARGE VI - MSCONDUCT

Specification 1
Insubordination

On or about July 1, 2016 you were instructed by the Town Supervisor, who was acting on
behalf of the Town Board, to immediately reassign a police sergeant to a different post and
con?rm that the reassignment had been completed on that day. On or about July 3, 2016, you
contacted one or more members of the Town Board and stated in words or substance that the
reassignment had not been completed and sought their con?rmation of the Supervisor?s
directive. Your actions constitute insubordination in violation of General Order 130, Article 
This is misconduct.

CHARGE VI MISCONDUCT

Speci?cation 2
Insuhordination

On or about June 20, 2016, the Town Supervisor directed you to refrain ?'om
commenting in any forum on any matter involving the Town on any litigation involving the
Police Department without clearing your comments with the Town Attorney. Notwithstanding
that directive, on or about July 3, 2016, you contacted one or more members of the Town Board
and stated in words or substance that the reassignment of a certain police sergeant had not been
completed, and you sought their con?rmation of the Supervisor?s directive of July 1, 2016 that
you immediately reassign the police sergeant to a different post and con?rm that the
reassignment had been completed on that day. The subject of your communication related to a
litigation and/or contemplated litigation involving the Police Department. You did not clear your
comments with the Town Attorney before contacting the member(s) of the Town Board. Your
conduct in contacting one or more members of the Town Board directly without ?rst clearing

your comments with the Town Attorney constitutes insubordination in violation of General
Order 130, Article This is misconduct.

CHARGE VII NIISCONDUCT

Speci?cation 1
Failure To Perform A Duty

As the Chief of Police of the Town of Clarkstown you are responsible for carrying out the
directives of the Town Board. On or about July 1, 2016 you were instructed by the Town
Supervisor, who was acting on behalf of the Town Board, to immediately reassign a police
sergeant to a different assignment and con?rm that the reassignment had been completed on that
day. On or about July 3, 2016, you contacted one or more members of the Town Board and
stated in words or substance that the reassignment had not been completed and sought their
con?rmation of the Supervisor?s directive. Your actions constitute failure to perform a duty in
violation of General Order 130, Article This is misconduct.

CHARGE MISCONDUCT

Speci?cation 1
Improper Contact With Members Of The Town Board

On or about July 1, 2016 you were instructed by the Town Supervisor, who was acting on
behalf of the Town Board, to immediately reassign a police sergeant to a different assignment
and con?rm that the reassignment had been completed on that day. On or about July 3, 2016,
you contacted one or more members of the Town Board and stated in words or substance that the
reassignment had not been completed and sought their con?rmation of the Supervisor?s
directive. Your actions constitute improper contact with members of the Town Board in
violation of General Order 130, Article A(7l). This is misconduct.

CHARGE IX MISCONDUCT

Specification 1
Conduct Which Brings Diseredit Upon The Police Department

On about June 18, 2016 you made written comments regarding a legal proceeding or
proceedings involving a former member of the Clarkstown Police Department, Police Of?cer
Robert Lynn, against the Town of Clarkstown and others, and you publicized your comments to
one or more other people by posting them on social media and/or by other electronic means.
Your comments related to a matter which is and has been the subject of litigation, and/or
included information of a privileged or con?dential nature, information which was the subject of
discussions between you and the Town Board in executive session, and/or information which
was included in Town and Police Department documents pertaining to the litigation. Your
conduct in commenting on pending litigation involving the Town may be prejudicial to the
Town?s interests in the litigation about which you commented and in other litigations. Your
conduct in posting comments about this pending litigation matter on social media and/or by other
means on or about June 18, 2016 constitutes conduct which brings discredit upon the Police
Department, in violation of General Order 130, Article This is misconduct.

CHARGE - MISCONDUCT

Specification 1
Disseminating 0r Releasing Information Contained In A Department Record

On about June 18, 2016 you made written comments regarding a legal proceeding or
proceedings involving a former member of the Clarkstown Police Department, Police Of?cer
Robert Lynn, against the Town of Clarkstown and others, and you publicized your comments to
one or more other people by posting them on social media and/or by other electronic means.
Your comments related to a matter which is and has been the subject of litigation, and/or
included information of a privileged or con?dential nature, information which was the subject of
discussions between you and the Town Board in executive session, and/or information which
was included in Town and Police Department documents pertaining to the litigation. Your
conduct in commenting on pending litigation involving the Town may be prejudicial to the
Town?s interests in the litigation about which you commented and in other litigations. Your
conduct in posting comments about this pending litigation matter on social media and/or by other
means on or about June 18, 2016, including but not limited to information contained in Town
and Police Department documents pertaining to the litigation, constitutes disseminating or
releasing information contained in a departmental record, in violation of General Order 130,
Article This is misconduct.

CHARGE XI INCOMPETENCE

?mifmatinn?l
Engaging In Incompetent Conduct

On about June 18, 2016 you made written comments regarding a legal proceeding or
proceedings involving a former member of the Clarkstown Police Department, Police Of?cer
Robert Lynn, against the Town of Clarkstown and others, and you publicized your comments to
one or more other people by posting them on social media and/or by other electronic means.
Your comments related to a matter which is and has been the subject of litigation, and/or
included information of a privileged or con?dential nature, information which was the subject of
discussions between you and the Town Board in executive session, and/or information which
was included in Town and Police Department documents pertaining to the litigation. Your
conduct in commenting on pending litigation involving the Town may be prejudicial to the
Town?s interests in the litigation about which you commented and in other litigations. Your
conduct in posting comments about this pending litigation matter on social media and/or by other
means on or about June 18, 2016 constitutes incompetence or inef?ciency in the performance of
duty, in violation of General Order 130, Article HI, and/or an exercise of poor judgment.
This is incompetence.

CHARGE XII MISCONDUCT

Specification 1
Failure to Perform A Duty

On or about June 28, 2016, you were directed by the Town Board to immediately
investigate allegations of improper disclosure of information to the media by a police sergeant.
You failed to investigate this matter and/or timely advise the Town Board of your

?ndings. Your actions constitute failure to perform a duty in violation of General Order 130,
Article This is misconduct.

CHARGE XII MISCONDUCT

Speci?cation 2
Insubordination

On or about June 28, 2016, you were directed by the Town Board to immediately
investigate allegations of improper disclosure of information to the media by a police sergeant.
You failed to investigate this matter and/or timely advise the Town Board of your
?ndings. Your actions constitute insubordination in violation of General Order 130, Article 
This is misconduct.

CHARGE 

5222mm
Incompetence or Inefficiency in the Performance of Duty

On or about June 28, 2016, you were directed by the Town Board to immediately
investigate allegations of improper disclosure of information to the media by a police sergeant.
You failed to investigate this matter and/or timely advise the Town Board of your
?ndings. Your actions constitute incompetency and/or inef?ciency in the performance of you
duties in violation of General Order 130, Article This is misconduct.

CHARGE XIV -1NCOMPETENCE

Specification 1
Incompetence or Inef?ciency in the Performance of Duty

On or about June 28, 2016, you were directed by the Town Board to immediately
investigate allegations of improper disclosure of information to the media by a police sergeant.
You failed to investigate this matter and/or timely advise the Town Board of your
?ndings. Following an inquiry by the Town Supervisor for details regarding the investigation,
you advised the Board that you conducted an interview with the police sergeant in question, in
which it was revealed that he corresponded or communicated with a member of the media
regarding a police personnel matter. You further advised the Board that despite this information,
you found no evidence of wrongdoing. Your actions constitute incompetency or inef?ciency in
the performance of your duties in violation of General Order 130, Article This is
incompetence.

CHARGE XV MISCONDUCT

Speci?cation 1
Insubordination

On or about June 28, 2016, you were directed by the Town Board to immediately
investigate allegations of improper disclosure of information to the media by a police sergeant.
During that meeting you asked the Town Board and other Town representatives and of?cials
who were at the meeting to provide you with any evidence or information they had in their
possession regarding these allegations. You were advised at that meeting by the Town Board
and/or its representatives that you should independently investigate these allegations without the
receipt of information that may have been in the possession of the Town Board or its
representatives. Despite that statement, on or about July 6, 2016, you wrote to the Town Board
and requested that they provide you with the information that they had previously advised you on
or about June 28, 2016 would not be forthcoming. Your request for that information a?er being
advised by the Town Board that it would not be provided to you constitutes insubordination in
violation of General Order 130, Article This is misconduct.

CHARGE XVI MISCONDUCT

Speci?cation 2
Improper Contact With Members Of The Police Board

On or about June 28, 2016, you were directed by the Town Board to immediately
investigate allegations of improper disclosure of information to the media by a police sergeant.
During that meeting you asked the Town Board and other Town representatives and of?cials
who were at the meeting to provide you with any evidence or information they had in their
possession regarding these allegations. You were advised at that meeting by the Town Board
and/or its representatives that you should independently investigate these allegations without the
receipt of information that may have been in the possession of the Town Board or its
representatives. Despite that statement, on or about July 6, 2016, you wrote to the Town Board
and requested that they provide you with the information that they had previously advised you on
or about June 28, 2016 would not be forthcoming. Your request for that information after being
advised by the Town Board that it would not be provided to you constitutes improper contact
with members of the Town Board in violation of General Order 130, Article This is
misconduct.

CHARGE XVII MISCONDUCT

mm
Making a False Report

On or about July 1, 2016, you were directed by the Town Board to immediately reassign
a police sergeant out of the Strategic Intelligence Unit On or about July 6, 2016, you
wrote to the Town Board and stated in sum or substance that the sergeant had been removed
?-om the SIU pursuant to the Board?s directive. At that time you made such statement to the
Town Board, the police sergeant had not been removed from the SIU and/or continued to act as a

member of the SIU. Your conduct in reporting to the Town Board the sergeant had been
removed item the SIU when he had not been so removed constitutes making a false report in
violation of General Order 130, Article HI This is misconduct.

CHARGE XVII MISCONDUCT

Speci?cation 2
Disobedience of an Order

On or about July 1, 2016, you were directed by the Town Board to immediately reassign
a police sergeant out of the Strategic Intelligence Unit On or about July 6, 2016, you
wrote to the Town Board and stated in sum or substance that the sergeant had been removed
from the SIU pursuant to the Board?s directive. At the time you made such statement to the
Town Board, the police sergeant had not been removed from the SIU and/or continued to act as a
member of the SIU. Your conduct in failing to remove this sergeant from the SIU as directed to
by the Town Board constitutes disobedience of an order in violation of General Order 130,
Article This is misconduct.

CHARGE XVII MISCONDUCT

Specification 3
Insubordination

On or about July 1, 2016, you were directed by the Town Board to immediately reassign
a police sergeant out of the Strategic Intelligence Unit On or about July 6, 2016, you
wrote to the Town Board and stated in sum or substance that the sergeant had been removed
from the SIU pursuant to the Board?s directive. At the time you made such statement to the
Town Board, the police sergeant had not been removed ?'om the SIU and/or continued to act as a
member of the SIU. Your conduct in failing to remove this sergeant from the SIU as directed to
by the Town Board constitutes insubordination in violation of General Order 130, Article 
This is misconduct.

CHARGE INCONIPETENCE

mm
Incompetence or Inef?ciency in the Performance of Duty

On or about July 1, 2016, you were directed by the Town Board to immediately reassign
a police sergeant out of the Strategic Intelligence Unit On or about July 6, 2016, you
wrote to the Town Board and stated in sum or substance that the sergeant had been removed
from the SIU pursuant to the Board?s directive. At the time you made such statement to the
Town Board, the police sergeant had not been removed ?'om the SIU and/or continued to act as a
member of the SIU after July 6, 2016. Your conduct in failing to remove this sergeant from the
SIU as directed to by the Town Board constitutes constitute incompetency or ine?iciency in the
performance of your duties in violation of General Order 130, Article This is
incompetence.

CHARGE XIX 

Speci?cation 1
Incompetence or Inef?ciency in the Performance of Duty

Beginning in January 2016 and continuing throughout the year, you have intermittently
advised the Town that you believe the Town should not hire new police of?cers until 2017,
citing, among other things, the lack of quali?ed candidates on the existing Civil Service list
and/or the need for a new Civil Service list of quali?ed candidates. On or about July 18, 2016,
you contacted the Town Supervisor and requested permission to immediately hire additional
police of?cers from the current Civil Service list. In your July 18, 2016 correspondence with the
Town Supervisor, you further advised him that you believe there are quali?ed candidates on the
current list, which you previously stated to the contrary. Your statements regarding hiring,
staf?ng and/or necessary manpower are inconsistent. Your actions constitute incompetency or
inef?ciency in the performance of your duties in violation of General Order 130, Article 
This is incompetence.

CHARGE XX -MISCONDUCT

Speci?cation 1
Insubordinatiou

As the Chief of Police, you are required by the Town?s Code of Ethics to annually ?le an
Ethics Disclosure Form. Upon information and belief, you failed to ?le an Ethics Disclosure
Form for the years 2011 through 2015. Your failure to ?le an Ethics Disclosure Form for the
years 2011 through 2015 constitutes insubordination in violation of General Order 130, Article
IH, This is misconduct.

CHARGE XXI -1VIISCONDUCT

Emmi
Insubordination

As the Chief of Police, you are required by the Town?s Code of Ethics to annually ?le an
Ethics Disclosure Form. Upon information and belief, you failed to ?le an Ethics Disclosure
Form for the years 2011 through 2015. On your 2016 Ethics Disclosure Form you disclosed a
family business interest with the Town and/or Police Department. Your failure to ?le an Ethics
Disclosure Form for the years 2011 through 2015 and/or disclose your family business interest
with the Town and/or Police Department prior to 2016 is insubordination in violation of General
Order 130, Article This is misconduct.

CHARGE XXI MISCONDUCT

Speci?cation 2
Deliberate Violation of Regulations Pertaining to Police Management and Control

As the Chief of Police, you are required by the Town?s Code of Ethics to annually ?le an

Ethics Disclosure Form. Upon information and belief, you failed to ?le an Ethics Disclosure
Form for the years 2011 through 2015. On your 2016 Ethics Disclosure Form you disclosed a

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family business interest with the Town and/or Police Department. Your failure to ?le an Ethics
Disclosure Form for the years 2011 through 2015 and/or disclose your family business interest
with the Town and/or Police Department prior to 2016 is a deliberate violation of regulations
pertaining to Police management in violation of General Order 130, Article This is
misconduct.

CHARGE XXII MISCONDUCT


Violation of the Town Code of Ethics

As the Chief of Police, you are required by the Town?s Code of Ethics to annually ?le an
Ethics Disclosure Form. Upon information and belief, you failed to ?le an Ethics Disclosure
Form for the years 2011 through 2015. On your 2016 Ethics Disclosure Form you disclosed a
family business interest with the Town and/or Police Department. Your failure to ?le an Ethics
Disclosure Form for the years 2011 through 2015 and/or disclose your family business interest
with the Town and/or Police Department prior to 2016 is a violation of the Town?s Code of
Ethics. This is misconduct.

You may submit an answer to this notice of charges within eight (8) days of service of
this document upon you; any such answer is to be ?led with the undersigned within the
aforementioned period.

You are entitled to a hearing on the above charge and any amendments thereto and to be
represented at such hearing by an attorney. You should be prepared at such hearing to present
such witnesses and other proof as you may have in your defense against this charge. The date
and time of such hearing will be forwarded to you under separate cover.

If you are found guilty of any of the above charges you may be subject to penalty or
punishment in accordance with applicable law, which may consist of reprimand, forfeiture or
withholding of salary or compensation for a period not to exceed twenty days, by suspension
without pay not to exceed twenty days, or dismissal from the Department.

You are hereby suspended, with pay, pending the disposition of these charges. You are
not to return to duty or exercise any police powers until ?irther notice.

All further notices and communications addressed to you in connection with this charge

will be mailed to you at the most recent address on ?le with the Personnel Department, unless
you request, in writing, that the same be sent to you at a different address.

MM,

Geofge Hdehmann
Town Supervisor

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