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Post by Prosay on Dec 28, 2017 10:17:37 GMT -5
NYPD cop busted for stealing from Banana Republic quits
By Tina Moore and Shawn Cohen
December 27, 2017 | 10:31pm
The NYPD sergeant busted for allegedly shoplifting at a Banana Republic store near Police Headquarters in lower Manhattan has quit the department, according to police sources.
“It’s a sad way to end your career,” a source said. “No walkout for him.”
Sgt. Tamas Balatoni, 49, was accused of switching price tags at the store Thursday night, and cops were called.
Balatoni wasn’t arrested but was stripped of his badge and gun and assigned to desk duty.
If he hadn’t quit, he could have been subjected to a disciplinary hearing and gotten canned from his $170,000-a-year job.
A store employee on Wednesday said she had noticed Balatoni acting strangely but didn’t know he was a cop, and then notified her boss.
Management at the store declined to comment on Wednesday.
Balatoni had been on special assignment as a driver for Assistant Chief Edward Delatorre, the top cop on Staten Island.
“You’re driving the chief of the borough, that’s all you have to do every day,” the source said. “It’s just stupid. The best thing that happened to him was that the store didn’t press any charges.”
Balatoni allegedly pulled the stunt amid the crush of Christmas shopping inside the clothing outlet at 552 Broadway, sources said.
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Post by Prosay on Dec 28, 2017 10:33:39 GMT -5
As long as department charges are not pending, as per the Administrative Code.
That "permission of the police commissioner" thing is still a sword hanging over everyone's head. You may not be facing ANY criminal charges, but may be facing some bullshit thing, like being accused of doing overtime when you didn't work it. The department may want to recoup that money and hold you over for department trial. You can't run out the door and retire and still think that your pension is going to be processed like everyone else. You may, as others have said here, have sue to get it.
And, let's face it: if the city's argument in court is that you got money from the city that you didn't deserve and the city wants that money back via a department trial, there's little chance the court is going to side with the "offending" cop.
Whether it's the pension laws or the U.S. Constitution, nothing is absolute.
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Post by onthedl on Dec 28, 2017 11:31:06 GMT -5
NYS law is crystal clear. No felony conviction prior to separation = pension. Period. No intervention, no court decision. The job will hit you with a 30 case, terminate you, no good guy letter. You will get your pension check the next month. You’ll get your variable the following December.
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Post by Prosay on Dec 28, 2017 12:16:19 GMT -5
Don't bet on it if the "sword" is hanging over your head.
For some reason, you're unwilling to believe that the job can make your life a living hell if they want, on or off the job.
The law says that you won't lose your pension if convicted of a misdemeanor. It doesn't say your pension is totally secure from every administrative situation that exists. And even if it somehow is, one phone call to the pension section can slow it down to a stop if they want to, for as long as they want to.
Complain? Sure. Their answer will be, "sue us." The city may, in fact, lose the case that you bring, but your lawyer will get the first few checks to get the ball rolling again.
And, in the above scenario of owing the city money for some reason, the "negotiations" between the city and your lawyer will require some amount of repayment.
So maybe you will get a check, but the first few checks will be a little thin.
You're talking about a job in which one police commissioner "ordered" the cops to essentially do unconstitutional searches on otherwise innocent people, SOLELY for productivity numbers, and no other reason.
To say that they can't do such equivalent things to their own employees seems a little naive, don't you think?
There's someone here on this Board who has a name which actually reflects the status after you get out: "Retirement is Parole."
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Post by RetirementIsParole on Dec 28, 2017 12:23:48 GMT -5
The inspiration for my screen name was from advice I received walking into the Trial Room
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Post by dustoff262 on Dec 28, 2017 12:58:14 GMT -5
NYS law is crystal clear. No felony conviction prior to separation = pension. Period. No intervention, no court decision. The job will hit you with a 30 case, terminate you, no good guy letter. You will get your pension check the next month. You’ll get your variable the following December. NYS law states that if your pension is protected if you are convicted of a misdemeanor. How is your pension protected if the MOS (this Sgt) was not collecting it in the first place. You must be retired to collect your pension, so, if you are still an active employee, you can still be fired for cause and be denied your pension. The job only has to reimburse the money you contributed. Then you'll have to sue to get your pension reinstated. Please do not take an inflexible position that 20 yrs is the finish line. There are other current cases where the job has fired people over 20 yrs and lost their pension. According to your position, once you reached 20+, an MOS can go light up, fail a dole test and still get his pension. If that's the case, there can be any number of drug addicts on the job with over 20 yrs. ...NOT !!!! If you are already collecting your pension, this all really doesn't matter, but for those of you still on the job, walk that tight rope till you do retire. There are no guarantees that you will automatically collect just because you made it to 20. This Sgt was pushed out and told (probably) you're lucky to collect anything at all. Now go voucher your guns. |
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Post by Blue Trumpet on Dec 28, 2017 13:34:16 GMT -5
On a brighter note, a new batch of rookies hits the street this week, so Tellastory can peruse the ball drop detail for nubile young talent!
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Post by wobblypops on Dec 29, 2017 9:26:03 GMT -5
The inspiration for my screen name was from advice I received walking into the Trial Room Can you guess how I got my name?  |
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Post by nynighthawk on Dec 29, 2017 9:58:44 GMT -5
I know a female Sgt in the Bronx - caught shoplifting $175 worth of groceries in Westchester back in the late 1990's. Security caught her in the parking lot loading up her car when she says she simply forgot to go to the register. She was arrested and fingerprinted and never notified the JOB. Fast forward three (3) months later, Albany Quality Assurance Division of State Police goes thru the fingerprints and see they come back to a law enforcement officer. They call IAB and come in the Bronx Precinct where she is working and take her away! She was terminated so I believe shoplift6ing is an automatic firing offense in the Trial Room.
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Post by onthedl on Dec 29, 2017 11:00:14 GMT -5
According to your position, once you reached 20+, an MOS can go light up, fail a dole test and still get his pension. If that's the case, there can be any number of drug addicts on the job with over 20 yrs.
...NOT !!!!
If you are already collecting your pension, this all really doesn't matter, but for those of you still on the job, walk that tight rope till you do retire. There are no guarantees that you will automatically collect just because you made it to 20.
Active duty detective over 20years Dwi with fatality (manslaughter) in Bronx. Went to prison. Kept pension and all of the bennies.
Active duty Bronx lt with over 25 years fails dole test before pension law is passed. Appeals and fights until after pension law is passed. Is termnated. Kept pension and all the bennies
Official misconduct is the only must terminate misdemeanor. Has no effect if your over twenty.
The job can do this in the job can do that. They can make your life a living hell. Blah blah blah! If you’re over 20 and not convicted of a felony at the time of termination, you get everything but the good guy letter. Two .
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Post by nynighthawk on Dec 29, 2017 11:23:42 GMT -5
was that the Lt from the 48th Pct?
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Post by Prosay on Dec 29, 2017 12:10:29 GMT -5
It pays to have a hook....like this shoplifting Sgt.
As I say, nothing is absolute. Two examples does not make a policy.
The DI who was a chauffeur for the rich and infamous Jew diamond merchant had less than 20, was allowed to vest, and still was hit with Federal corruption charges.
PO Joe Blow may not be that fortunate.
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Post by Prosay on Dec 29, 2017 12:32:30 GMT -5
Her BIGGEST problem was not notifying the job. And that's why they dumped her. She tried to get over on the job, and it didn't work. The shoplifting would have been the least of her problems. If she had been up-front about it, they may have put her on restricted duty for awhile, seek "counseling," etc.
This "permission of the PC" in the Administrative Code (which no other PD job has in NYS) can be a difficult hurdle to overcome. If you don't have "permission" to retire, you ain't retired, and you can't collect the pension. And if you decide to just walk away from the job despite being denied permission, and then you decide to put your papers in while you're walking away, the "permission" will be denied again until you return to face the original charges AND the AWOL charges. And how long will that take? What will be the ultimate punishment?
Just because a few antidotal stories about one guy here, and another there, getting out with their pension does not negate the fact that the city does have a procedure in place to put a delay...if not a halt....on your retirement, regardless of how much time you have on the job.
It all depends on how bad they want to get you. Sometimes, for them, giving you a pension...even 3/4s....is better than dealing with the bullshit the offending cop put them through.
But not always.
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Post by dustoff262 on Dec 29, 2017 14:49:59 GMT -5
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Post by hadenough123 on Dec 29, 2017 15:38:32 GMT -5
I know a female Sgt in the Bronx - caught shoplifting $175 worth of groceries in Westchester back in the late 1990's. Security caught her in the parking lot loading up her car when she says she simply forgot to go to the register. She was arrested and fingerprinted and never notified the JOB. Fast forward three (3) months later, Albany Quality Assurance Division of State Police goes thru the fingerprints and see they come back to a law enforcement officer. They call IAB and come in the Bronx Precinct where she is working and take her away! She was terminated so I believe shoplift6ing is an automatic firing offense in the Trial Room. Iirc she had the misfortune of having this happen while Howard “I’ve fired more cops then any other PC in history” Safir was the PC and for not reporting it when it happened. Some MOS survived things much worse than shoplifting. Timing is everything, I guess. |
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Post by nuthinbutdatruth on Dec 29, 2017 17:41:32 GMT -5
The inspiration for my screen name was from advice I received walking into the Trial Room Can you guess how I got my name? RIP - That's funny...and so true. Wobbly - your dad liked to drink? |
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Post by wobblypops on Dec 29, 2017 17:46:59 GMT -5
Can you guess how I got my name? RIP - That's funny...and so true. Wobbly - your dad liked to drink? That I'm not so sure about but I sure do love my beer. LOL |
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Post by pensionthief on Dec 29, 2017 18:38:12 GMT -5
The pension is protected the second you complete your twenty unless convicted in court of a felony. The change happened in state law so admin code does not apply. It is just as safe from a phone call to the pension section not to pay it as a person who had been collecting their pension check already..
If the city cut your pension check, they would say the same thing, sue us. But unlike a lawsuit both would be an article 78 which would have a decision in weeks
The examples some have cited were fired before the change in the law. The first test case of this law change was Detective Poggi who was convicted of driving while drunk after shooting his partner Sully ( both were drunk and playing with firearms) and drove him to the hospital.
In fact many on the original rant had a debate if Poggi would get the VSF or not. He definitely got his pension ( no good guy letter and no LEOSA). I would say no guns but I heard he moved to Florida and he would qualify for a permit there.
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Post by tenkar on Dec 29, 2017 22:23:26 GMT -5
There is one MISD that can lose you your pension after 20 - Official Misconduct.
Has anyone else noticed the increase in Dole failures after 20 years? They get their pension but no letter.
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Post by pensionthief on Dec 30, 2017 14:56:28 GMT -5
There is one MISD that can lose you your pension after 20 - Official Misconduct. Has anyone else noticed the increase in Dole failures after 20 years? They get their pension but no letter. Official misconduct is one misdemeanor that gets you fired. But you still get your pension. www.nydailynews.com/opinion/nypd-benefits-control-crooked-cops-pensions-article-1.967546Also the cop would have to be convicted before he received a pension. So if he or she was charged but not convicted and quit under charges, then got the pension before conviction, they would keep the pension |
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Post by nuthinbutdatruth on Dec 30, 2017 16:13:20 GMT -5
They can try you in abstensia if you avoid the trial room and quit before a final determination. They'll take their days pay, but you still get a pension, from my understanding
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Post by tenkar on Dec 30, 2017 23:54:17 GMT -5
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