COUNTY BOARD V. SHERIFF DEVLIN

Committee Convenes

Investigation March 9

By JIM KEVLIN • Special to www.AllOTSEGO.com

COOPERSTOWN – The Otsego County Board of Representatives voted unanimously this afternoon to launch investigation into the county Sheriff’s Department that “shall consider the conduct and performance of the official duties of the sheriff and other employees” of the department.

County Sheriff Richard J. Devlin immediately called the investigation “totally a political witchhunt.”

The resolution approved by the county board after a 45-minute executive session authorizes the board’s Public Safety & Legal Affairs Committee to look into “the matter of incidents regarding the treatment of inmates.”

It continues:  “Included in the scope of the investigation wall be review of employee discipline imposed, if any, and other actions taken by the Sheriff’s Department related thereto.”

The Public Safety Committee, chaired by county Rep. Ed Frazier, R-Unadilla, has the authority to issue subpoenas, and may require the sheriff to turn over “all audio or video recordings, documents, records, financial logs, personnel records of employees” and anything else “deemed relevant and necessary by the committee.”

In an interview, the sheriff said “I certainly don’t have any problems” with his department being investigated, but “I don’t believe the board will be impartial.”

“I have no contact with the leadership,” he continued, adding “the chair” – Kathy Clark, R-Otego – “has made accusations against me in the past.”

Asked about particulars, Devlin said, “I don’t know what the accusations are.”

The vote was taken on a late resolution shortly after 1 p.m., and Frazier, the meeting then ended and Frazier excused himself to quickly make a call to Devlin.  “I don’t think he knows about it yet,” said the lawmaker, who is also vice chair of the county board.

Returning to answer questions, Frazier said there are “judicial and non-judicial subpoenas.”   The Public Safety Committee had issued the latter in the matter in question, and the sheriff believed he didn’t need to respond.

Under County Law Section 209, the county board has now empowered the committee to issue judicial subpoenas – for records or individuals – that the sheriff must comply with, Frazier said.

The next Public Safety Committee is Thursday, March 9, and also includes county Reps. Craig Gelbsman, R-Oneonta, Keith McCarty, R-East Springfield, Dan Wilber, R-Garrattsville, and Kay Stuligross, D-Oneonta.

“It it can be public, it should be public,” Frazier said.

Between now and then, Frazier said he will be conferring with the county’s labor lawyer, Matt Ryan or Roemer Wallens Gold & Mineaux, the Albany law firm.

It was unclear to Frazier whether Ryan, County Attorney Ellen Coccoma or who if anyone will be advising the committee through this investigation.   This is his first involvement in an investigation of this kind, Frazier said.

“What’s the ultimate outcome?” he said in response to a question.  “If there’s no there there, there’s no there there.”