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ethics

For Now, Only Choice In Sheriff’s Race Is For Due Process

Editorial for September 7, 2018

For Now, Only

Choice In Sheriff’s

Race Is For Due Process

A letter to the editor the other week drew on the Biblical injunction, “The son shall not suffer for the sins of the father, nor the father suffer for the iniquities of the son.” And surely that’s as it should be.
That said, it’s legitimate for open-minded citizens to question how county Sheriff Richard J. Devlin Jr. has handled the situation involving his son, Ros, a correctional officer in the jail his father administers since it surfaced in January 2017. At the least, the situation is an awkward one; at worst, a dangerous one.
In effect, according
to a court decision on a
related matter made public on March 31, 2017, Ros Devlin told a fellow C-O he was thinking of committing suicide in front of his disciplining supervisor at the county jail, after first creating a diversion by shooting up an Oneonta or Milford school. (To read the decision for yourself, type “devlin judge’s order” in the search line at www.AllOTSEGO.com)
From the beginning, the sheriff has stood steadfastly by his son, who was suspended for more than a year – albeit, with pay; since March, without pay – by the Otsego County Board of Representatives.
The sheriff claimed a “witchhunt” was in progress; that his downfall was intended, not his son’s.

Devlin
Fernandez

If Ezekiel was right
about sons and fathers, his declaration should be equally valid for wives
and husbands.
That said, it’s legitimate for open-minded citizens to question the role of Kathy Clark, R-Otego, former county board chair – and a tough-minded and determined one – in engineering her husband, Bob Fernandez’s, challenge to Devlin after Fernandez’s retirement from the state police.
In New York State, the sheriff’s position – as with county clerk – is a constitutional office, filled by election, not appointment by a county board. There’s good reason for ensuring a sheriff’s independence: to keep law enforcement and politics separate.
Clark championing of her husband sought to breach that sensible divide.
Further problematic was the engineering of Fernandez’s Democratic endorsement. It grew out of a longtime personal friendship between Kathy Clark and Oneonta’s former Democratic mayor, Kim Muller, who for the time being is county Democratic chair. (She expects to step down when the county committee meets in early October.)
There’s no secret. Both acknowledge close ties between their families going back decades, when their children played in the same soccer league. Still, as you can imagine, the Fernandez endorsement has caused a rift among the Democratic rank and file.

For his part, Devlin has argued he didn’t trust the county board, under Kathy Clark’s chairmanship, to fairly investigate his son.
To his credit, when David Bliss, R-Cooperstown/Middlefield, succeeded Clark this past Jan. 3, Devlin then reached out to Bliss, and in March agreed to recuse himself, allowing the board chair to order a medical examination of the son to determine if he is fit to continue as a jail guard.
The good news is: A process is in place. In interview this week, Bliss said the medical examination by a downstate physician who specializes in matters involving law-enforcement personnel is expected by mid-month.
Once the report is submitted, Bliss, in consultation with the county’s personnel lawyers and County Attorney Ellen Coccoma will decide on an appropriate course of action. He said he will keep county reps advised of developments and welcome inputs.
If the decision is made to discipline Ros Devlin, “the officer still has rights,” the board chair said. The younger Devlin could challenge any decision in court. Meanwhile, he will remain off the job without pay.
The bad news, from the perspective if the electorate, it’s unlikely the situation will be resolved before the Nov. 6 general election, Bliss said.

All this matters right now because the first match-up between Devlin and Fernandez comes Thursday, Sept. 13, in a local Republican primary. (That’s Thursday, not Tuesday, which is 9/11 and Rosh Hashanah.) The polls will be open from noon to 9 p.m. across Otsego County for registered Republicans.
The vote will not necessarily settle anything. If Devlin, endorsed by the Republican county committee last March, wins, Fernandez has the Democratic county committee endorsement; he will appear on the Nov. 6 general election ballot anyhow.
If Fernandez were to win the Republican primary, Devlin would still appear on three lines – Conservative, Independent and Reform – on the November ballot.

The world is an imperfect place, as we know from our lives and experiences. We often have to choose between imperfect options, and this is one of those cases.
Yet, on the one hand, there is due process, independent of Sheriff Devlin’s control, that we can hope will resolve thinking people’s concerns – either clearing Ros Devlin, or removing him from his position permanently.
On the other hand, there is no due process, only cronyism and the potential that an alliance between husband and wife will inject politics into law enforcement.
For now, the only option is to vote for due process. For the time being, that option is Richard J. Devlin Jr.

 

HAPPENIN’ OTSEGO for THURSDAY, JUNE 28
HAPPENIN’ OTSEGO for THURSDAY, JUNE 28

Barges On The Canal

14-19eventspage

CANAL EVENING – 6 – 8:30 p.m. Corning Museum of Glass GlassBarge offers glass blowing demonstration. See the barge arrive with Lake Champlain Maritime Museum’s Canal Schooner “Lois McClure” at Noon. Weather permitting. Free, tickets required. Riverside Park, Canajoharie. Call 518-673-2314 or visit www.arkellmuseum.org/events-calendar

FARMERS MARKET – 10 a.m. – 4 p.m. Find products from Elk Meadow Farm Maple Produces, plants, jewelry, other merchandise. Lobby, Cooperstown Center, 128 Phoenix Mills Cross Road, Cooperstown. Call 845-269-2893.

ZAGATA: Doctor-Patient Discussions Private? Little By Little, Confidentiality Goes

Column by Mike Zagata, June 8, 2018

Doctor-Patient Discussions

Private? Little By Little,

Confidentiality Goes

Mike Zagata

Are there circumstances where it’s OK to violate your privacy? It might be OK if you make an informed decision to allow that to happen – but what if you don’t?
Have you heard of HIPPA – the Health insurance Portability & Accountability Act of 1996? If you have, you probably have a sense of comfort that it protects conversations your doctor has about your care or treatment with nurses and others.
Does it really do that, and are there times when it’s OK for your doctor, now known as your primary-care physician, to divulge information learned about you during a visit to law enforcement officials?
Does the doctor face an obligation to do so? It’s not your doctor’s fault if they do as they didn’t volunteer to assist your government.

Why these questions? If you’ve had a recent doctor’s appointment, the following questions might sound familiar: “Do you feel secure at home?” and, “Are you depressed?”
What is likely to happen if you answer “no” to the first question and “yes” to the second?
If you’re a firearms owner, you’re likely to receive a visit from the state police and see your firearms depart with them. You may also receive a visit from the folks at Social Services in an effort to determine if you’re the victim of spousal abuse.
The goal is to reduce the likelihood of domestic or other forms of violence, e.g. school shootings. That’s a laudable goal. However, does it, at the same time, violate your right to privacy and lead to the breakdown of the doctor-patient relationship? Is it the best way to achieve the goal?
As with most issues like this, there will likely be opinions on both sides of the issue. That’s one of the many benefits of living in America. The fact that we are losing our privacy right at an alarming rate is just that – fact.
The debate has already been held – by someone somewhere – and the decision made to allow that to happen.
Do you want your driving habits to be recorded each time make a trip to the grocery store or church? Do you want your location recorded each time you dial a number or utter a voice command on your cell phone? Do you wonder why you receive certain e-mails from marketers who seem to know your buying habits?

Yes, our cars and mobile phones offer convenience – but at what cost? To those of us who are older, this cost represents change and thus we are likely to be aware that it is happening. But what about the next generation?
This is life as they know it and therefore not perceived by them as a threat. You can be certain there will be more change – change they may then perceive as a threat because it’s different from that to which they are now accustomed.
It will happen incrementally over time and, at some later date, those of us still alive will awaken to the fact our lives are no longer recognizable and ask: “What happened?”

Mike Zagata, DEC commissioner in the Pataki Administration and environmental executive in Fortune 500 companies, resides in West Davenport.

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