Suffolk Police Commissioner Tim Sini has issued departmental charges of misconduct and neglect of duty against police Lt. Paul Mamay for improperly giving an extra chance to pass a physical agility test to the stepson of a subordinate so he could be hired as an officer, according to county sources.
The charges, issued July 13, came after Mamay obtained a temporary court order last month reinstating him as a lieutenant after Sini had demoted him to sergeant at the conclusion of an internal affairs investigation of the incident. Sini earlier had promoted Mamay to lieutenant even as the internal affairs probe was underway.
Mamay, who as sergeant in charge of the applicant investigation unit last year permitted Christopher McAdam a third chance to pass the situp portion of a physical agility test despite a long-standing policy that allows one retest for recruits.
McAdam, the stepson of Richard Roth, who worked for Mamay in applicant investigation, was terminated from the police academy late last year. in McAdam sued to get his job back and was temporarily returned to classes, but earlier this year state Supreme Court Justice Arthur Pitts upheld the firing.
Mamay has until July 27 to respond to the charges and has said he is entitled to a Section 75 hearing before imposition of any punishment that involves reprimand, suspension or up to two months suspension without pay.
Sini declined to comment on the latest charges as did Tim Morris, president of the Superior Officers Association, the union that represents police supervisors.
Mamay’s attorney, Paul Linzer, did not return calls for comment.
The county failed to vacate the temporary order restoring Mamay’s rank in the Appellate Division in Brooklyn but still has papers before the panel for consideration. The county will return to State Supreme Court on Thursday before Justice Paul Baisley to oppose Mamay’s lawsuit.
Mamay has said he was demoted without due process. Suffolk County say Mamay, who is in a six-month probationary period as a lieutenant, can be demoted without cause.
Linzer has said the demotion was the result of actions that Mamay took when he was a sergeant and that he is entitled to a hearing.