Appeals court rules Town Board controls punishment for suspended Tonawanda police officer
May 8—The Town of Tonawanda may proceed with disciplinary charges against a suspended police officer under which any punishment will be determined by the
The town also owes back pay and benefits to Howard M. Scholl III, who has been accused of lying about who was driving his SUV at the time of a
Town officials suspended Scholl without pay in
The appeals court overturned part of
Town officials estimate the amount of back pay and benefits it owes Scholl at between
Emminger said he believes the court ruling shows the town followed proper procedure, but he added he was frustrated the ruling leaves the town on the hook for "significant dollars."
Attorneys for both sides said they were considering their legal options.
"We're in the process of reviewing the Appellate Division decision and determining what options we have,"
The initial police report filed after the
Scholl's SUV rolled through a stop sign and struck a vehicle on
Two occupants in the other vehicle were taken to a hospital for treatment of minor injuries.
Scholl, who also faces criminal charges to which he has pleaded not guilty, has admitted he initially gave police the wrong information about who was driving the SUV at the time but later corrected it, his criminal defense attorney has previously said.
Under this latest court ruling, the town may conduct disciplinary proceedings under town law that allows the
If allowed to proceed under terms of the police union contract, the matter could either be adjudicated under civil service law or go before an arbitrator, said
Scholl chose arbitration, Beiter said.
The town's position is that the collective bargaining agreement does not apply because the town adopted different disciplinary procedures under what's known as Town Law 155, he said.
Grisanti previously ruled the town had to pursue its charges against Scholl either under provisions of civil service law or through arbitration.
Town officials have previously taken steps to fire Scholl, but have seen the disciplinary hearing put on hold since Scholl's legal challenge.
The initial internal charges brought by the town against Scholl in
In
Last June,
Three other
The criminal cases against the Scholls continue in
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