Do you believe this POS any cop as dirty as Hutchings should never be given their pension. On top of that he wants the taxpayers to provide him with a lawyer. http://www.syracuse.com/news/index.ssf/2011/12/former_auburn_police_officer_n.html
Auburn, NY -- Brian Hutchings, the former Auburn police officer now behind bars, says he was wrongfully fired by the city and is seeking more than a year’s back pay and more job service credit so he can start drawing on his pension.
Hutchings, through his union lawyer, has filed a motion asking visiting State Supreme Court Justice William Polito to set aside an arbitrator’s ruling that upheld the city’s dismissal of Hutchings on April 16, 2010. Both sides are to appear before Polito on Jan. 10.
In court papers, Hutchings asked for a new arbitration hearing and is seeking up to 54 weeks of back pay and nearly four additional months of job service credit that would give him 20 years of service.
Auburn police officers can immediately draw on their pensions – typically half their annual pay averaged over their last three years-- once they complete 20 years on the job. Hutchings’ yearly salary was $56,141 when he was fired.
If he loses his court case, Hutchings could start collecting his pension in his late 50s.
Andrew Fusco, the city’s corporation counsel, said Auburn followed disciplinary terms of its collective bargaining agreement with the police union when it fired Hutchings after he was arrested on March 17, 2010. Hutchings was convicted of 29 bribery- and misconduct-related charges last March and is serving one to three years in prison.
“We feel he is not entitled to one additional penny, not one red cent, and we will fight this as hard as we can,’’ Fusco said.
Ennio Corsi, the union lawyer, declined comment. In his court motion, Corsi said the city failed to follow the union contract’s disciplinary procedure when it dismissed Hutchings, now 50, formerly of 72 Metcalf Drive.
Under that agreement, the city could only suspend Hutchings for one month without pay, according to Corsi’s motion. Hutchings was entitled to then be reinstated until the conclusion of a hearing before an arbitrator, Corsi said.
Fusco said the city followed proper disciplinary procedure in the firing of Hutchings. The city first suspended Hutchings without pay on March 17, 2010, and then fired him a month later after his case was reviewed by former City Manager Mark Palesh.
Last May arbitrator Samuel Cugalj conducted a review hearing and on Aug. 5 upheld the city’s decision to fire Hutchings.
Corsi said in his motion that Cugalj exceeded his powers in making his ruling and asked for a new hearing before a different arbitrator. Hutchings is seeking back pay from the date of his firing to last May’s hearing before Cugalj or to last March 1 when he was found guilty of five felony crimes in the bribery- and misconduct case.
Tim Cottrell, president of Auburn Police Local 195, said he believes Hutchings is entitled to the hearing but not to receiving his pension. “I feel if a police officer commits a felony he shouldn’t get his pension,’’ Cottrell said.
Hutchings has more legal problems ahead of him. He is accused of stealing thousands of dollars from the Auburn Police Benevolent Association while he served as treasurer of that social organization. The PBA said some $75,000 was taken. A trial date had yet to be set.
Contact Scott Rapp at firstname.lastname@example.org or 289-4839.