Sheriff Releases
Personnel Records
County Public Safety Committee Plans
To Review Them At Thursday Meeting
By JIM KEVLIN • Special to www.AllOTSEGO.com
COOPERSTOWN – Sheriff Richard J. Devlin, Jr. announced a few minutes ago that he did comply with a subpoena issued from the county Board of Representatives and released personnel records on two “use of force incidents” at the county jail, in 2016 and 2010.
A press release from the sheriff said the 2016 incident involved use of force “against an inmate creating a disturbance and spitting on a correctional officer.” A review led to an officer being disciplined.
The 2010 case was investigated by the state Commission of Corrections, which concluded “use of force was necessary and justified.” However, the commission recommended a policy change that was implemented, the sheriff said.
The release did not mention the latest case, in January, which has been investigated by both the county Personnel Department and the state police. District Attorney John Muehl said he will brief the county board Public Safety & Legal Affairs Committee when it meets tomorrow.
In response a few minutes ago, county Rep. Ed Frazier, R-Unadilla, said he was unaware the sheriff had released the records, but if so the Public Safety Committee he chairs will review them at its meeting tomorrow.
He said he will be guided by opinion of counsel – county Attorney Ellen Coccoma or the county’s labor lawyer Matt Ryan, or both – in determining whether the committee is required to review the records in executive session.
He said he is unsure whether any decision will be made tomorrow.
In his press release, the sheriff said he had not complied with the original county subpoena because he had been advised it was not valid and could open his office to liability.
However, he received a letter from Coccoma on Monday advising him confidentiality of the employee’s record would be respected. He said he does not agree with everything in the county attorney’s letter, but was significantly reassured to act as he has.
