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Updated: Report Released on Reimondo, Kelly

Report is harsh but no evidence of Conduct Unbecoming of an Officer, violating department policies or discrimination.

 

The report is in, but is the issue over?

An investigation into a complaint filed by former East Hampton Town Council Chairwoman Melissa Engel concerning Police Chief Matt Reimondo and Sgt. Garritt Kelly has been completed.

The report, by Attorney Michael C. Harrington, a partner in the firm Murtha Cullina, found no evidence that the Code of Ethics or the police department's policy regarding Conduct Unbecoming of an Officer were violated. It did, however, offer some harsh criticism of the department's handling of its investigation into Engel.

Engel's complaint centered around the investigation by Kelly into her alleged mishandling of absentee ballots prior to the November 2010 election. The department found no criminal wrongdoing and Engel was later cleared by the State Election Enforcement Commission (SEEC) in on March 21, 2012. Her complaint to the town followed on April 5, alleging, among other things, that Reimondo and Kelly acted with malice.

Though Harrington's report, released Thursday, clears Reimondo and Kelly of the main charges, it does go into significant detail about several flaws in their investigation.

Among the flaws: A sworn written complaint should have been obtained prior to the investigation, the investigation by Kelly was unreasonably delayed, Kelly's investigation was not complete, Kelly's incident report contained certain factual errors and Reimondo "provided no supervision of Kelly."

The report concludes that there was no evidence presented that demonstrates Kelly's errors were intentional. It goes on to say that although Kelly's delayed referral to the SEEC might give rise to suspicion that he was trying to influence the 2011 municipal election, "Without further evidence," Harrington said, "I cannot conclude Kelly was so motivated." And Harrington's findings were just as critical of the Chief, suggesting that with adequate supervision "some or all of these concerns might have been avoided."

In the end, the evidence was not enough to charge Reimondo or Kelly with violating department policy, its Code of Ethics or acting in a disrcimanitory manner.

"While the investigation by Sergeant Kelly was flawed and Chief Reimondo did not adequately supervise Sergeant Kelly," the report states, "there is insufficient evidence to conclude that either Sergeant Kelly or Chief Reimondo violated the department's policies or Ms. Engel's rights."

Engel, who did not seek re-election in November, has been represented by Attorney Ken Barber of East Hampton during the investigations.

Engel was non-committal about what course of action, if any, she would pursue.

"My legal team and I are reviewing our options," she said Thursday, declining to comment further.

Though the report found no evidence on the more serious charges, it falls short of exonerating Reimondo or Kelly with how the investigation was conducted, leaving the town with a decision to make.

East Hampton's new town manager, Mike Masiscalco, on the job less than two weeks, had little to say until he had a chance to study the report more thoroughly.

"I think there's a lot of things I need to digest and think about first," he said. "It's something I don't think needs to be rushed into. I want to take my time and really think about the whole thing."

Reimondo was not available Thursday afternoon for comment.

 

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Tabasco July 20, 2012 at 10:06 PM
zzzzz I have it on good authority that the recent UFO sighted over Lake P. in May was none other than the mind control Mother Ship of the Chatham Party. I wonder what the 'Silent Majority' thinks about it?
Brady July 20, 2012 at 10:22 PM
Athena "REALLY?" Politics aside, you have paid an independent investigator to look into this situation. Now it is time to face the truth, either both, Reimondo and Kelly are totally inept at their jobs, or they are vindictive vigilantes. Cut your losses while you still can or they will drag you and the party down with them.
zzzzz July 20, 2012 at 10:24 PM
ALL YOUR BASE ARE BELONG TO US.
Tabasco July 20, 2012 at 11:58 PM
Brady, Um. No. The independent investigator couldn't find evidence that Reimondo or Kelly acted with prejudice or malice. He sited a few procedural inconsistencies in the way they handled the complaint. Period. Don't read more into it. It's done. The conspiracy caper has been cracked. It's over.... except in the minds of those who wish it to perpetuate. REALLY.
Brady July 21, 2012 at 01:06 AM
Tabasco, I totally agree with you. The independent investigator states that he couldn't find evidence that Reimondo or Kelly intentionally acted with prejudice or malice, but he goes way beyond pointing out a few procedural inconsistencies. (I understand it takes some people monthes(4) to figure things out -while most people can get it in a minute.) Check back with me in November when you figure it out. Inept was actually the best you could take away from the report; otherwise the factual inaccuracies would have just been malicious lies.
Tabasco July 21, 2012 at 02:21 AM
Brady, Sadly, I don't have your substantial skill of properly reading into words or between the lines. I am hopelessly stuck on examining the mere 'facts' and 'words'. Dry, I know, but I must accept my lot in life.
Athena Parthenos July 21, 2012 at 12:27 PM
Really Brady?!?!?! Do you honestly think this is as cut and dry as that? Why don’t you ask Tissa, Red, and the rest of the gang what this is really about. Let’s start at the beginning. 1) You have a Town Manager who is accused of sexual harassment. 2) That said Town Manager should have been put on paid administrative leave while the accusations were being investigated, but wasn’t. 3) That same said Town Manager referred to a Council member as a 38 cent problem. Another reason to be put him on administrative leave. 4) This same Town Manager tries to fire the chief and when he finds out he can’t without cause, wants to do away with the position. 5) In the meantime, this same Town Manager tries to make himself Chief of Police even though it is against State Statute. 6) And things continue along those lines with the support of 6 out of 7 Council members. 7) When it comes to the point where that Town Manager is beyond being controlled, he leaves with $175,000 of tax payer’s money. Now Brady, have you ever wondered why 6 members of the Town Council refused to put him on administrative leave right from the get go???? Let me give you a hint; they needed him for something.
Athena Parthenos July 21, 2012 at 12:36 PM
And Brady, I know my last post might be a lot for you to take in; do you need 4 months to absorb it all? We can always revisit this issue in November.
Brady July 21, 2012 at 01:36 PM
Athena This has nothing to do with Jeff O'Keefe. Please stop clouding the issue. Unless you are trying to tell us that it is the events of the past keeping Mr. Reimondo and Mr. Kelly from adequately performing their jobs, and if that is the case please see to it that they are put on leave, offered EAP, retrained or given the help they need; otherwise lets stick to the issues of Lack of Supervision and the inability of the departments senior officer to conduct an investigation and write a report that is timely and factually accurate. I am hopeful that as the new town managerlooks into this matter, he will also get a picture of what has been happening in the police department. Why don't the majority of officers have confidence in their leadership? I am trying to have some faith in the political process and pray that the town has not hired another easily manipulated lackey.
Athena Parthenos July 21, 2012 at 02:47 PM
From what I can see Brady, the only easily manipulated lackey there appears to be, is you. People need to step back and look at the whole picture instead of bits and pieces. This might be too much for you to handle so go ahead and continue believing the lies of a few. I’m sure Tissa and Red will be more than happy to continue the smoke screen for you so that you don’t have to face what is really going on. And by the way, I hear K-Mart has a sale on rose colored glasses. I suggest you pick up an extra pair or two. The ones you are wearing must be getting pretty dirty by now from all the smoke.
Sheila Barton Engel July 22, 2012 at 03:07 PM
Athena is obviously extremely jealous of Melissa and the McKinneys, on so many levels. Jealousy is the tribute mediocrity pays to genius. Fulton J. Sheen
Athena Parthenos July 23, 2012 at 03:02 AM
Jealous? Jealous of what? Tissa and the McKinney’s are nothing to be jealous about. In fact, I would consider it an insult to be compared to any of them. I have integrity.
eyeonthetruth July 23, 2012 at 06:11 PM
Hawkeye,You don't know what public service is, or community first!
Not So Towny July 23, 2012 at 06:25 PM
The Reimondo/Kelly supporters are just ridiculous. There are times that certain people would just be better off keeping their opinions to themselves. Anyone from the outside looking in who has no bias can clearly see what is going on here, and the picture will only get clearer as time goes on. I can only imagine the things that go on between Reimondo and his best friend Kelly and the police union that doesn't make the media. I know that police unions are somewhat bounded as far as what they can say to the media, so the public is probably not even hearing a lot of the issues at hand. Hopefully the new town manager will be able to put some of these issues to rest, if he is man enough to do his job unbiased. But you have to give credit to our cops, for continuing to do their jobs well throughout all this. How about 3 separate in process burglary solves in the last several weeks! Good job guys and keep up the good work.
Tabasco July 23, 2012 at 09:44 PM
Towny, So you suggest that those who acknowlege the specifics of the report somehow keep their opinions to themselves. Then you go on to imagine all manner of egregious and nefarious verbal machinations twixt the Chief and Sergeant. Then infer a mysterious media blackout of something that was actually covered by every local news source. Then the iceing on the cake is suggesting that our new Town Manager is only "man enough" if he does something other than put the investigator's report into it's contextural place. Great detective work! I join you in congratulating our Law Enforcement public servants for doing an excellent job in crime solving. But I think your considerable investigative talents lay in the lofty context CSI or Law and Order. Keep us posted.
Athena Parthenos July 24, 2012 at 01:37 AM
Let me take a wild stab at this. Those certain people who would just be better off keeping their opinions to themselves are those who don’t agree with you?!?!?!?! You must live within a very tight group of people who never disagree and apparently don’t have a thought or opinion of their own. I can’t imagine it being that big of a group. I know a lot of people in town and they appear to be very thought provoking, intelligent, and yes, they have opinions As for the Police Union, funny how there wasn’t a problem until Anne McKinney stepped in and the “rumors” about Salafia makes you wonder what the “gang” has on him. He made a stink about the stuff in the Sally Port and then made another stink when the Union couldn’t use it. There were plenty of people willing to store the bike for the union. And don’t let him fool you, the bike wasn’t insured in the Sally Port either. You want a clear picture as to what is going on? First, I suggest you start thinking for yourself. Second, start looking at everything. Just remember, a puzzle isn’t complete unless all the pieces are in place.
eyeonthetruth July 24, 2012 at 03:13 AM
The UFO will pick up Athena soon and return her!
eyeonthetruth July 24, 2012 at 03:33 AM
correct!
Athena Parthenos July 24, 2012 at 04:16 AM
Keep drinking the Kool-Aid eyeonthetruth.And please, open your eyes and take off the rose colored glasses.
Tabasco July 24, 2012 at 03:04 PM
Nice try, eye. But you need... ahem.... some extensive work on the humor aspect of your 'humor'. I take it subtle irony and thought-provoking interpolation isn't a familiar venue in your perception or vocation. My thoughts and prayers are with you.
Neeta tantric D-lite July 24, 2012 at 04:27 PM
Tabasco I remember when I used my computer's thesaurus for the first time too.
Tabasco July 24, 2012 at 05:43 PM
Neeta, Yeah. Learning all that stuff before computers were invented required a lot more "reading" and "studying" and such as. Somehow I made it through.
eyeonthetruth July 25, 2012 at 11:23 AM
The new town manager will take care of this, END OF CONVERSATION!
kelly July 25, 2012 at 02:46 PM
Yes I have every confidence that the New Mgr. will handle this with every professional aspect! And I'm sure he will have all the facts before he does.
eyeonthetruth July 25, 2012 at 06:37 PM
The facts will speak for themselves......
Harvey Gloatstone July 27, 2012 at 11:07 AM
Factually inacurrate investigation (lying, intent not required), Failed to talk to all parties(exculpatory information), did not document conversations with written signed and sworn statements(fabricating testimonial evidence) , 4 months to figure out where to send report(incompetent, delection of duty), 25 year veteran who should know how to conduct investigation(same as above). If you can't bring yourself to Conduct Unbecoming how about Derliction of Duty. This guy is a joke, you shouldn't have to retrain a 25 year veteran, what send him through the 6 month academy again? If this is the quality of his investigation I would be worried if a Defense Atty got a hold of this and questioned the quality of his investigation with regards to any convictions of his client(s). And this is only half the story. You have his supervisor who doesn't have a clue what's going on(Failure to Supervise, Dereliction of Duty). This guy redefines incompetent. He should have READ the crappy investigative report and sent Kelly back to do it right. If he had done just that and used a little common sense mixed with the reasonable person standard this case would have been over when he talked to the first person( which Kelly should have done as noted by SEEC). Instead he conjured up some fiction and smeared some people. If I was the Town Clerk I would file a complaint with the Town. If you read the report it is clear that Kelly was on a mission sent by the Chief.
Athena Parthenos July 28, 2012 at 05:32 PM
Gee, I wonder what they would find if they ILLEAGALLY obtained everybody else’s e-mails (including the school systems) like they did Kelly’s. Amazing how no one knows how they got “slipped” under Acting Interim Town Manager Bob Drewry’s door or how they were obtained. Hummm… who knows how much of it was Kelly’s doing and how much was planted. I’m not saying what Kelly did was right, only that the process of obtaining them was wrong. Gee, did they find something on Salafia when they were ILLEGALLY going through the server? (Which, by the wat< is the school server). How much of your child’s information was looked through? How much personal information was obtained about your child, your family, and even you? Who’s the next one that they will be black mailing to get there way.
Sandy Chieks July 28, 2012 at 07:09 PM
Good point Athena. Maybe they were illegally obtained. Kelly and Reimondo might not suspect that, you should tell them. Because after 50+ combined years in LAW ENFORCEMENT some things begin to slip the mind, like what is or is not LEGAL. You should also suggest they assign a different officer to conduct the investigation, so it gets done properly and in a timely manner. On the other hand, it’s probable the emails were being voluntarily shared. You know how some “guys” like to brag about…. Well, you know. You can file your complaint first thing Monday morning. The PD opens at 8:00am sharp- the Chief will be there sometime after that to take your complaint, you might not even have to sign your name.
Thomas Johnson July 29, 2012 at 07:33 PM
Hawkeye - I wasn't asking a question. It's known as a "rhetorical" question which is actually a statement in the form of a question, and your post is inane. There's little to no advantage for the taxpayers of East Hampton to coddle these inept cops! My guess it's to the benefit of a paid writer of responses negative to the police though. Can you say "stooge"? It may no longer be the East Hampton of 1955 and that's to the town's dismay. Remove the discordant issue from the equation however (police department) and I dare say a kinder, gentler discourse may appear...
eyeonthetruth August 02, 2012 at 05:30 PM
CORRECT!

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