Alex Bay gives police chief buyout

ALEXANDRIA BAY — The village will continue to pay Police Chief Daniel L. Sacco his $51,311 salary for a year after his resignation in May as part of a settlement agreement signed Wednesday.

The agreement gives the village Board of Trustees what it wants — Mr. Sacco's departure so it can hire a new chief for less money — without exposing the village to litigation by Mr. Sacco.

Village attorney Mark G. Gebo said at a public meeting Wednesday night that Mr. Sacco, 72, will receive his additional salary over a 12-month period. According to Trustee Brent H. Sweet, Mr. Sacco's salary and benefits cost the village about $59,000 annually, or 28 percent of the Police Department budget for 2008.

Mr. Sacco's last official day on the job is May 8, but he will use leave days until then and not return to his office, Mr. Gebo said.

Mr. Sacco's relationship with the village Board of Trustees had deteriorated to the point where the village had to make a change, said Mayor Terry J. Robb.

"We have not got a single positive response from the Police Department when we asked for something," said Mr. Robb. "We are going to make sure the new chief will be what the village wants and what the board wants."

The village had considered abolishing the position, but concluded the village needed a police chief. The board is planning to hire a new chief "in the range of $43,000 a year," Mr. Robb said.

According to Mr. Robb, the chief expressed his intent to "retire" through his lawyer last November. Mr. Sacco told the Times before the meeting that Mr. Robb's statement "is not true."

"You cannot retire twice. I've already retired from the police force and receive pensions," said Mr. Sacco. "The board is making me some kind of financial offer instead."

Mr. Robb said the settlement offer was brought up by Mr. Sacco, who told the board of a case in the 1980s where the village had to pay $200,000 in legal fees and settlement after a former police chief sued the village.

"Chief Sacco said if this thing doesn't happen, he will sue the village," Mr. Robb said at the meeting.

Mr. Robb said questions regarding pornographic material on one of Police Department's computers have been resolved.

"The chief had nothing to do with the unofficial use of the police computer," he said.

He said another officer, whom he wouldn't name, was responsible for the misconduct.

Michael J. DeFranco, owner of Computer Doctors in Watertown, said he was asked by Trustee Brent H. Sweet in January to examine the police computers. He said he found evidence that somebody had accessed pornographic Web sites and illegally downloaded music and movies.

"It is my professional opinion that the computer had been used for activities other than official business," he said.

When he arrived at the police station, he found teenagers using the computer, Mr. DeFranco said.

"There were people working on the computer who were not officers. They might have been trying to cover their tracks," Mr. DeFranco said. "I found that information had been tampered. They left many, many trails. I knew where they went."

According to Mr. Sweet, Mr. Sacco then took the computer to another expert, rather than the contractor who handles such work for the village, without board approval.

Mr. DeFranco said his analysis was not complete when the chief removed the computer from the police station.

Mr. Sacco said that he took the computer to James R. Newman, owner of The Store Computer Center, 400 S. Massey St., Watertown. He said he had to remove the computer because there was a virus problem on it that was not resolved at the time of Mr. DeFranco's visit.

"There was nothing as far as I know," Mr. Sacco said. "Newman told me there wasn't anything pornographic or illegal on the computer."

Mr. Newman, a former Watertown detective, said he found nothing out of the ordinary while scanning the computer at Mr. Sacco's request.

"There was absolutely nothing on the machine," he said. "Nothing about pornography, just normal spyware and police documents."

Mr. DeFranco, who said he went to school with Mr. Sacco's son and has long admired Mr. Sacco, said he does not think a police officer would jeopardize his job and reputation by conducting such activities.

"I do not believe Mr. Sacco is involved," he said. "He is a great man. One of my personal heroes."