TOWN OF HUNTINGTON
Sheriff Highway Patrols Can Continue
State judge rules Suffolk deputies have enforcement rights on LIE and Sunrise Highway
By Mike Koehler/mkoehler@longislandernews.com

Deputies from the Suffolk County Sheriff's office will continue to patrol the Long Island Expressway indefinitely.

A judge dismissed all charges filed by the Suffolk County Police Department and Superior Officers Association in the state Public Employment Relations Board (PERB). Judge Philip Maier made his decision on Aug. 12; the statement was released on Aug. 18. Suffolk County Executive Steve Levy ordered 55 Suffolk cops off the Long Island Expressway and Sunrise Highway in September 2008 after Governor David Paterson refused state funding. The two police unions filed complaints with PERB shortly after, claiming they had exclusivity to patrol the two state roads.

"It's a bad day for the police," PBA President Jeff Frayler said. "It embarrasses the 13th largest police unit that we don't have a highway unit."

Levy spokesman Mark Smith said Suffolk officials ideally wanted Albany to send state troopers to patrol the Expressway and Sunrise, but were told the state lacked the manpower. They were also rebuffed, he said, when they asked for the $12 million needed to pay Suffolk County police for the work. Smith said the sheriff deputies can do the job "at a much lower cost."

Sheriff deputies were among several law enforcement agencies already patrolling, Chief of Staff Mike Sharkey said. When the police pulled out, he said Sheriff Vincent DeMarco decided to increase patrols to fill the gap.

"Our function on those two roadways are independent of the county executive's decision," Sharkey said.

But DeMarco, Frayler said, began his push to take highway patrols over in May 2007, with the plan actually going into effect a year later.

"They lied, saying it wasn't until 9 a.m. they found out they were looking to take it over," he said. "All the lies came out. That's the one positive thing that came out for us."

In the meantime, Frayler said his agency submitted more than 2,000 pieces of evidence proving his agency was the only patrol responsible for the two roads. But Maier, the president continued, disallowed all the evidence and accepted hearsay.

"He in turn accepted the testimony of a chief in the Suffolk County Sheriff's Department with no documentation and he had to recant his sworn statement for not being true," Frayler said.

The president criticized Levy and Police Commissioner Richard Dormer for not cooperating with the complaint.

"The police commissioner is selling out his own department. He's giving away jobs to anyone," Frayler said.

Smith retorted that Dormer and Levy are responsible for managing the county's resources and keeping its residents safe.

"It was a determination of the county executive that the sheriffs could handle it," the spokesman said.

The PBA official said his agency is still determining their options, a process that will take at least a few more weeks. Smith, however, said both sides agreed to forfeit any appeal when they agreed to have PERB hear the case.

In the meantime, Sharkey said the decision would only serve to better organize his department. Motorists on these two roads are unlikely to see any difference.

The chief also said he expects his deputies to continue a good relationship with their police counterparts.

"We have worked cooperatively with them before and after September 2008. All the agencies in the county, it's their responsibility to work cooperatively," Sharkey said.