Sheriff Defends Choice
Whistleblower Blasts Nassau Chief's Rise

By REUVEN BLAU

A retired city Correction Department whistleblower last week joined the growing chorus of critics questioning how a veteran prison cook who declared bankruptcy 10 years ago had become the Undersheriff of the Nassau County Correctional Facility.

ED GAVIN: A dubious appointment.

"I expect County Executive [Thomas R. Suozzi] to do due diligence when he makes an appointment, and that didn't happen with [Michael] Sposato," charged Ed Gavin, a retired city Deputy Warden who brought to light the politicization of the Correction Department by agency officials supporting two Republican Mayors and ex-Governor Pataki.

Sounds Financial Alarm

Mr. Gavin noted that private-sector firms are normally reluctant to hire or promote individuals with questionable financial histories. "He can't manage his own personal finances, but now he's going to manage the various expenditures in the jail?" he asked.

Elizabeth Loconsolo, General Counsel for the Sheriff's Department (who formerly held that job under ex-Correction Commissioner Bernard B. Kerik), defended the promotion. "Mr. Sposato did in fact report his bankruptcy," she said during a phone interview. "You should be aware, there is an anti-discrimination provision in the bankruptcy laws."

EDWARD REILLY: Upgrades an ally.

The Sheriff Officers' Association, however, has also criticized Mr. Suozzi and Sheriff Edward Reilly's decision to advance the former jail cook. "In my almost-17 years in the department, I have never witnessed the likes of the mismanagement and political patronage that is currently occurring at the Correctional Center," asserted ShOA Secretary John Jaronczyk last winter.

Mr. Sposato previously worked as a cook in the facility for over a decade. "We want to see the qualifications of this man," Mr. Jaronczyk said.

Ms. Loconsolo maintained that he had received the proper training while he was working in the jail's kitchen. "The Sheriff has the full confidence in Michael Sposato," she added. "Since the appointment, Undersheriff Sposato has proven himself to be a very effective and very skilled Undersheriff."

THOMAS R. SUOZZI: Did donation trump merit?

But Mr. Gavin, a Massapequa resident, blasted the move, and proposed legislation to give civilian cooks and other titles peace officer status. "I don't mind paying the tax money," he said, referring to county's high property tax levies. "I just want to know that the people sworn to protect my life are of the highest caliber. There should be background checks of all executive appointments."

Mr. Jaronczyk has argued that Mr. Sposato's promotion was politically motivated. According to the union officer, the veteran cook used his political ties to help Sheriff Reilly to rally support after a scathing audit released by the Nassau County Comptroller in 2004 found various violations.

A Suozzi Donor

"Sheriff Reilly rewarded Correction Cook Sposato by making him a Cook Supervisor in the Inmate Kitchen," Mr. Jaronczyk contended. "A few weeks later, Sheriff Reilly again promoted [him] to Chief of Staff of the entire Nassau County Sheriff's Department."

At the same time, Mr. Sposato contributed $2,125 to Mr. Suozzi's failed bid for Governor, Mr. Jaronczyk pointed out.

The continued dispute comes after the union delivered a vote of "no confidence" in Sheriff Reilly, contending that his policy decisions have endangered the health and safety of officers, inmates, and the surrounding community.

The county also has recently begun transferring officers normally posted at the kitchen and replaced them with civilians, which angered ShOA President John Duer.

Sheriff Reilly last week defended his policies. "Safety and security are always carefully considered whenever the department contemplates organizational adjustments," he said in a statement. "All posts mandated to be filled by the New York State Commission of Correction are staffed on every shift."

Contract Strife

The argument also comes as the union continues to struggle to negotiate a new contract, as their police colleagues were just awarded a six-year contract by an arbitration panel.

Nassau County Correction Officers have been working under an expired contract since January 2005. The wage dispute seemed to be resolved in August 2005, when both sides announced a tentative six-year agreement that included a provision to end excessive overtime at the Nassau County jail.

A week before the proposed deal was announced, it was revealed that one Correction Officer earned $224,903 over the previous year with the help of 1,040 hours of overtime. The county also claims that the average officer earns $100,000 annually by supplementing his or her salary working overtime, an assertion the union vehemently denies.

The tentative deal provided a 20-percent raise over six years, starting with a 2.5 percent hike in 2005 and a 3.5 percent boost for each of the next five years.

Feared Ripple Effect

But the accord was rejected by the State Legislature after it was revealed that Nassau's other unions had the ability to demand similar benefits under their re-opener clauses. Changing all those deals could have cost the state an additional $140 million.

ShOA represents approximately 1,100 Correction Officers who serve at the Nassau County Correctional Facility in East Meadow.

Mr. Gavin noted that last year Ralph "Bucky" Phillips escaped from the Erie Correctional Facility, where he was in the custody of kitchen personnel. While at large, Mr. Phillips fatally shot a state Trooper. "It's things like this that get people killed," Mr. Gavin charged, referring to the use of civilian personnel in security areas. "Law-enforcement officers were killed because the Sheriff in Erie County failed to do his job, and Tom Suozzi and Edward Reilly are going down the same path."