Plum police chief: Officers won't be disciplined

Four Plum police officers observed by a councilman at a borough restaurant at the same time will not be disciplined, Chief Robert Payne said Tuesday.

Payne, in his nine-page report, concluded that the officers -- three who were on a meal break and a fourth who stopped by to speak with his supervisor -- did not violate department policy. Payne also found that the officers were not disrespectful to Councilman Russell Oft Jr.

"The outcome is simple," Payne said yesterday. "A lot of people think perception is reality. I disagree. Two people can view the same actions and have different perspectives.

"Mr. Oft claimed he was being intimidated by the police officers," Payne said. "The police say they were harassed by the councilman."

Oft had no comment on Payne's report when contacted yesterday.

Payne conducted an internal investigation of the March 31 incident in which Oft, eating dinner about 7:30 p.m. at the Wendy's restaurant on Route 286, said he became concerned when he saw four police vehicles parked next door at the Quizno's Subs restaurant.

Oft began taking pictures of the police cruisers with his camera phone from inside the Wendy's. Officer Michael DeMarco saw him taking the pictures as he exited Quizno's and signaled for Oft to come outside.

A confrontation ensued between Oft, DeMarco and Sgt. Matthew Feldmeier over the picture taking. Oft said he wanted the officers disciplined because of their attitude toward him.

"It all comes down to a big misunderstanding," said Councilman Paul Dern Jr., public safety committee chairman. "The police viewed it one way, and Mr. Oft viewed it another way."

Payne said six uniformed officers were on duty during the 3 to 11 p.m. shift on March 31. Detective Ken Farmerie was working in plain clothes, putting seven police officers on duty.

"We were well above minimum staffing," Payne said.

Dern said Officer Ed Kruse and Feldmeier, the shift supervisor, were having dinner at Quizno's. Officers get 45-minute meal breaks.

Farmerie also stopped in at Quizno's to eat, and DeMarco left a court hearing at Plum District Judge Linda Zucco's and needed to speak with Feldmeier, Payne said.

"(DeMarco) had a question he needed answered," Dern said. "They don't discuss matters over the air."

Payne said Officers Eric Fluent, Joseph Little and Tim Kingerski also were on duty and were on patrol during the incident at Quizno's. Plum is divided into three patrol zones, Payne said.

"In no way, shape or form was public safety compromised," Dern said. "Every area of the borough was covered. Our police officers are the ultimate professionals."

The incident is the latest brouhaha involving the department, which is under a federal civil rights investigation. Payne, who took over the department in June 2003, said the department is cooperating with that investigation, which involves several current and former police officers.

In 2004, Plum paid $510,000 to settle a federal wrongful-dismissal lawsuit filed by fired police Chief Terry Focareta. Shortly after Focareta's dismissal in January 2002, Plum officials learned two handguns and several pounds of marijuana were missing from the police evidence room. Former Sgt. Andrew McNelis faces trial May 16 in U.S. District Court on federal firearms charges in connection with one of those handguns.