ONEONTA _ The Delaware County District Attorney's Office will review the city's investigation into alleged police misconduct only for potential criminal activity, Otsego County District Attorney John Muehl said.
Muehl said he did not look for anything else in the two reviews he has conducted of the police department's internal investigation. He said these reviews found no evidence of criminal activity by two officers who resigned last month or by a third who is suspended.
"There has been some talk about me investigating the investigation of the police department," Muehl said Wednesday.
But Muehl said he has no authority to do such a probe of the allegations, which city officials have only described as conduct "unbecoming an officer" and misuse of city property. Other sources have said the allegations involved on-duty sex with women on city property, on-duty alcohol consumption and allowing women to drive patrol cars.
Muehl said an outside look by Delaware County District Attorney Richard Northrup is intended to dispel any perception of bias, and his review should take about a month.
Muehl's office has a working relationship with the Oneonta Police Department.
Muehl said he does not believe any other officers were involved, and that the investigation by the police department and city officials into the allegations of misconduct was thorough and exhaustive.
He also said he had preliminary discussions with an investigator with Northrup's office and firmed up the arrangement Wednesday with his Delaware County counterpart.
"His investigator is going to re-interview the witnesses," Muehl said.
Fourth Ward Alderman Michael Lynch, who has called for an independent, outside investigation, said he has not been briefed on the case and is eager to see the outcome before making a judgment.
"I have to wait and see what they come up with," Lynch said.
Third Ward Alderman Erik Miller, who as a mayoral candidate also called for an independent, outside review, said he supports Northrup's involvement.
"It's the right thing to do, but still, we should be doing more," Miller said.
Miller said the city needs to look at more than just potential criminal activity or even additional misconduct.
"The idea here is to try and find out what this department can do better," he said.
Northrup did not immediately return calls for comment placed to his home and office Wednesday.
Two officers, Sgt. Andrew Barber and Joseph Stockdale, resigned Oct. 5. City officials have said they are seeking the firing of a third officer through an administrative hearing.
City officials have not named the third officer, but he was identified by sources as Daniel Fetterman, a 7-year veteran of the department. He was initially suspended without pay when he was served with disciplinary charges by the city. He is now suspended with pay after that initial 30-day period lapsed without a hearing.
First-year officers typically have a base annual salary of $35,500 and receive contractual increases on an annual basis. Fetterman joined the department in 2002.
City Personnel Director Kathy Wolverton said Wednesday that she could not discuss any details on how the hearing-scheduling process is going for the third officer.
"We're working on it," Wolverton said.
Wolverton also said there is no time limit for that officer's paid suspension.
"It can be as long as we need it to be," Wolverton said.
She had previously said that if the hearing delay is intentional on the part of the officer or the officer's legal counsel, the officer could again be suspended without pay.
