ONEONTA _ The Common Council voted Tuesday night to appoint an arbitrator from the Capital District to oversee an administrative hearing for a suspended Oneonta police officer.
The officer, identified by sources close to the matter as Daniel Fetterman, was suspended without pay Oct. 15.
The arbitrator is Peter Prosper of Clifton Park, Personnel Director Kathy Wolverton said.
Aldermen approved his appointment by a 6-0 vote. Third Ward Alderman Erik Miller was at a mayoral candidates' debate and could not attend the meeting.
In a second development, Otsego County District Attorney John Muehl said Wednesday that he is meeting with city officials this morning to review the investigation regarding the third officer.
Muehl said he would ask a special prosecutor to handle the case if he suspects crimes may have been committed.
The motion to appoint Prosper indicates he will be paid at an amount not to exceed $1,000 per day to conduct the hearing.
Wolverton said it is not known when the hearing will take place but said she is expecting it to occur at City Hall.
It would be closed to the public unless the third officer wishes it to be open, Wolverton said.
Two other officers, Sgt. Andrew Barber and Joseph Stockdale, resigned Oct. 5. City officials said last week that they were seeking the firing of the third officer through an administrative hearing.
They have not identified the third officer, disclosed the disciplinary charges faced by that officer, or released any details of the circumstances behind Barber and Stockdale's resignations.
City officials have indicated only that the officers have engaged in conduct "unbecoming an officer" and misuse of city property.
Fetterman was out of town at the time of those resignations. When he returned, he opted not to resign and was instead placed on paid administrative leave Oct. 7, officials said.
Sources close to the matter have said the allegations involved on-duty sex with women on city property, allowing women to drive police cars and alcohol consumption.
The allegations came to light Sept. 29 internally through the police department, city officials previously said.
Muehl said his working relationship with the Oneonta Police Department would prevent him from being involved beyond reviewing the city's investigation. Muehl said he would look to appoint a special prosecutor to handle any resulting criminal case. That prosecutor would seek to re-interview witnesses from the original investigation and not rely solely on previous statements or evidence garnered during the internal review, Muehl said.
A review by Muehl of the investigations into Barber and Stockdale's alleged conduct found no crimes were committed, Muehl previously said, adding at the time that if new evidence was brought to him regarding those two officers, it would be evaluated.
Mayor John Nader and Seventh Ward Alderman Lizabeth Shannon, chairwoman of the city's Board of Public Safety, requested Muehl revisit the matter last week.
"As we move forward, we want to make use of every opportunity to ensure that our investigation has been complete and impartial and has in no way ignored any evidence that might lead to the presentation of criminal charges," their letter to Muehl sent Friday states.
Nader said Tuesday that the state attorney general's office in Binghamton was contacted last week and suggested the city work with Muehl. The governor's office was contacted Monday and had the same advice, Nader said.
"We believe all of us with duties under the law should take any and all steps needed to assure the public that a complete, independent and thorough investigation has been completed," the letter states.
Fourth Ward Alderman Mike Lynch said he had not heard of the letter to Muehl before drafting his own letter given to the mayor Monday. Lynch's letter called for the mayor to support an outside, independent investigation.
Lynch said Wednesday that he would support the district attorney's involvement "if it satisfied my concerns and answers my questions.
"I want a review of this thing beyond what the criminal conduct was," Lynch said.
Miller, who called for an independent investigation during a mayoral candidates' debate Tuesday night, said he did not know who would best be suited to do such an investigation.
Having Otsego County's district attorney do it presents a problem, he said. "How can we expect the perception of an unbiased review?"
Miller suggested an investigation be conducted by a neighboring county's district attorney or the state attorney general's office.
Police Chief Joseph Redmond did not immediately return a call late Tuesday afternoon for his opinion on an external investigation.
"The call for investigation in no way depends on a criminal focus," Nader said in an e-mail to The Daily Star on Wednesday.
City officials have said union contracts and state Civil Rights Law have guided what can be said and done.
