NIAGARA FALLS – Police Superintendent E. Bryan DalPorto said he doesn’t expect an appeal of a court ruling that promoted four city police officers to the rank of detective.
“I don’t think the city is going to appeal. It’s been through a couple layers of court process,” DalPorto said.
The Appellate Division of State Supreme Court upheld State Supreme Court Justice Ralph A. Boniello III’s decision that the four men already were carrying out the duties of a detective in their work at crime scenes, so the city was required to give them the title and the extra pay that goes with it.
The four crime-scene officers who filed suit were Mark C. Martinez, Jason G. Sykes, Todd N. Faddoul and Shawn S. Arndt.
Their attorney, Edward P. Perlman, said the difference in pay is between $3,000 and $3,500 per year. DalPorto said Niagara Falls detectives earn 5 percent more than patrolmen.
The ruling includes back pay with interest, and Perlman said some math has to be done.
Since the lawsuit began two years ago, Faddoul was reassigned from crime scene officer to patrolman.
“No reflection on his work,” DalPorto said. “It was part of a restructuring of the Police Department to beef up the patrol division.”
But Faddoul will now become a detective, along with his three colleagues. Martinez has been working as a crime scene officer since June 2001. Sykes was assigned to that duty in July 2007, as was Arndt in September 2007 and Faddoul in September 2008.
“They’re very interested in continuing their work with the city as detectives in the crime scene unit,” Perlman said.
Boniello ordered in September 2012 that the four officers should be promoted to detective. The city appealed.
“We approached the city before the appeal and offered to make some concessions on the back pay issue," Perlman said. “They said no.”
The Dec. 27 appellate ruling said that decision “is supported by a fair interpretation of the evidence.”