Town Agrees Burgin was not Untruthful

East Hampton Police Officer Hardie Burgin has been cleared of conduct unbecoming during an internal affairs investigation and has had his discipline reduced as a result.

Burgin was suspended 20 days for neglect of duty and conduct unbecoming of an officer in a disciplinary report administered by Police Chief Matt Reimondo dated Nov. 22.

The charges stemmed from a burglary investigation that was determined to have taken too long to close and Burgin allegedly lying during the internal affairs investigation that followed.

During mediation on April 11, the town agreed there was no evidence to show Burgin, 25, was ever untruthful.

“The employer heard the employee’s explanation as to the charge of Conduct Unbecoming at a Loudermill hearing and as a result, based on the employee’s response, the Town has been presented with evidence indicating, and finds, the employee was not untruthful in the course of the IA or with Sgt. [Timothy] Dowty,” cites the Memorandum of Understanding signed by the parties on April 11.

The internal affairs investigation had been done by Attorney Eric P. Daigle.

“The internal affairs investigation never proved that he lied and we now have that in writing from the town,” said Officer Mike Salafia, President of the Police Union.

In addition to being cleared of conduct unbecoming, Burgin, who had served 13 days of his suspension, had the remaining number of days eliminated.

“The Parties agree the Employee will accept an unpaid suspension for 13 calendar days on the Neglect of Duty finding only,” the memorandum states.

The agreement brings to an end an investigation, resulting discipline and grievance that took more than a year to conclude.

"I am extremely relieved that the year-long tribulation is over,” Burgin said in a statement to Patch. “There is nothing more detrimental to a police officer’s career then to have his integrity and credibility attacked. I feel vindicated with the outcome, and am pleased to continue to serve the town of East Hampton. I would like to thank my family, friends and my fellow officers of the EHPD for their unwavering support throughout this ordeal."

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As part of the discipline process, Burgin could file a grievance, which he did, first going to Reimondo. When that did not result in an agreement, the next step was to meet with acting Town Manager John Weichsel, who Burgin met with on Jan. 19. Weichsel, however, found ‘just cause” for Burgin’s discipline, so the matter went to the state Labor Relations Board where it was eventually assigned a mediator.

“Hardie is one of the best officers we have here,” Salafia said. “He was top of his class at the Academy. He’s got integrity and just one of the most honest guys that I’ve ever worked with. In my opinion, he didn’t deserve any of this.

“He got his career back. He got his life back. He has been made whole again as a police officer because while this was going on he couldn’t take any serious cases. If he had a serious case, they took it from him. We don’t need to lose this guy. We need people like this in this town.”

In a separate matter, Sgt Michael Green also had been investigated by Daigle and disciplined at the same time as Burgin. He too filed a grievance, which also resulted in his discipline being .

Burgin’s agreement brings an end to any grievances within the department. However, there is a pending investigation looking into a complaint filed by former town council chair Melissa Engel against Reimondo and Sgt. Garritt Kelly claiming she was unfairly targeted for allegedly misusing absentee ballots for a referendum in 2010. She has since been cleared by the state Elections Enforcement Commission.

There also is a against Reimondo filed by Michael Olzacki. In the complaint, Olzacki alleges that his personal information was disclosed by Reimondo in emails and attachments to people who had “no right or privilege to view or have knowledge of private personal data of Town employees or applicants.”

Olzacki, who applied for the position of assistant animal control officer in November 2009 but was turned down, is seeking damages for, among other things, injury to his reputation.

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