Jul 20, 2011 12:31 PMA former Southampton Village Police sergeant who lost his benefits when he was fired more than three and a half years ago is claiming via a complaint filed with the New York State Division of Human Rights that his benefits should be restored, since he was recently awarded accidental disability retirement benefits related to his volunteer work at the World Trade Center site in the aftermath of September 11, 2001.
Christopher Broich, the former officer, is arguing that his disability predates his firing by the village, and thus he should be eligible for all of the benefits he lost upon his termination in December 2007. He said he was first diagnosed with the disability, identified in his complaint as asthma, in February 2007.
Mr. Broich has filed numerous lawsuits against the village following his termination for misconduct and incompetence, none of which has been decided in his favor to date. Officials say the village has spent more than $500,000 to defend those lawsuits, in which he sought, in part, to be reinstated to the force.
But at the same time he also filed applications to the state in May 2008 seeking to be declared eligible for disability pension benefits, both through the World Trade Center disability program and through the state employee retirement system.
Mr. Broich voluntarily responded to the World Trade Center in the aftermath of the September 11 attacks, as did many East End police officers and rescue workers. What services he performed and the exact dates of his service are unclear, and he declined to say in an interview this week.
On April 26 of this year, the state determined that Mr. Broich was “permanently incapacitated for the performance of duties,” based on an accident that occurred on an “unspecified date and time,” according to a document signed by Kathleen A. Nowak, director of disability services for the state, stating that Mr. Broich’s application had been approved. Presumably, the debilitating injury occurred as a result of rescue and cleanup efforts following the terrorist attacks on the World Trade Center on September 11, 2001.
The determination means that Mr. Broich will receive lifetime pension benefits from the state.
In general, the accidental September 11 disability retirement benefit for police officers is 75 percent of the officer’s final average salary, generally an average of the highest three consecutive years, according to Eric Sumberg, press secretary for the state comptroller’s office—and it is not taxable. Mr. Broich’s final average salary was never calculated because he was terminated; his last reported base annual salary was $114,000, according to Village Administrator Stephen Funsch.
Mr. Broich’s benefits were effective retroactively to June 2, 2008, Mr. Sumberg said last month. The office said a Freedom of Information Law request filed by The Press early last month for documents on the matter is still under legal review and could take until October to process.
In a letter to Village Hall dated May 12, Mr. Broich claimed that because of the state’s determination, the village should reinstate a slew of benefits related to his employment on the police force, including payment for accrued sick and vacation time. At the time of his termination, he had 260 unused sick days and 98 vacation days, totaling approximately $156,000, according to Mr. Funsch. In the same letter, Mr. Broich argued that he should receive medical, dental and optical insurance, a retired police sergeant’s identification, shield and pistol permit, and the return of handguns, among other benefits.
In a letter dated May 24, Mr. Funsch replied that Mr. Broich’s status with the village as a terminated employee remains unchanged by the retirement system’s determination, particularly in light of a recent legal upholding of that termination.
In the Human Rights Complaint, filed on July 1, Mr. Broich argues that Mayor Mark Epley and then-Police Captain Thomas Cummings discriminated against him by not restoring his benefits. On the form, Mr. Broich checked off that he believes he was discriminated against because of his disability, which he lists as asthma, and as retaliation for having filed an Equal Employment Opportunity Commission suit alleging reverse discrimination years ago. Mr. Broich also checked off that he was discriminated against because of his age (48), and national origin and race (American Indian).
He alleges that the Long Island World Trade Center Medical Monitoring and Treatment Program at Stony Brook University diagnosed his disability on February 17, 2007, and that the village “willfully and intentionally” withheld the results of his pre-employment physical exam—a document needed as part of the disability application—for more than two years, thereby delaying his receipt of state disability benefits.
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Your criticism is out of line. The fact that Officer Broich is pursuing a legal remedy does not diminish his laudatory behavior in voluntarily responding on 9/11.
A very large number of first responders on 9/11 have retired on disability because of the toxic soup of asbestos dust and other irritants created by the destruction of the towers. Should they all have abandoned their claims because they were infra dig?
I have no personal knowledge of Officer Broich's ...more case in the Village of Southampton but former mayor Hattrick, elected as trustee with by far the highest vote total in the last election, thinks his dismissal is suspect. Let's allow the courts to do their jobs.
Please. Don't respond. I have followed your antics in this rag of a newspaper
and quite honestly the fact that anyone gives a former cop who was fired, apparently with 19 plus years on the job, ( how did you manage that, it's almost impossible to get fired from these jobs unless you are a complete &$@&$@&$@) the time of day is questionable in and of itself. It sounds like the only victims in this case are the residents of the village of Southampton who
have to entertain your nonsense. I guess you are just a victim defined. A Victim of your police department, the mayor, the village board, the men and women you worked with, the African American who stole your job, the judges, the lawyers, your supervisors, your union, the public, and now you are a victim of 9/11.........................what next?
In your debut post on this forum, you spew invective about a relatively innocuous article. Obviously, you are invested in this case. Your prejudiced and splenetic response reveals you as a personal antagonist of Officer Broich.
Most respondents maintain their anonymity because they do not want to be harassed about their posts. In your case, however, it appears that you are hiding behind a pseudonym in order to conceal your vested interest. If merely an objective ...more "reader", your response is irrational.
Partisan arguments, raised under false colors, only give credence to their opposition.
To Basil;
As a retired NYC fire officer who was on duty working in the towers on the morning of September 11, 2001, I must take exception with Sgt. Broich’s use of the media for his own personal gains. His photograph serves at least in my eyes and I’m sure the eyes of many of the other members of the FDNY, as an attempt to validate himself. His reasons for his need to be validated are his own and he is entitled to them. He must however realize ...more that his attempt also borders on a bit of bravado, which might be looked upon by the members of the FDNY, NYPD, and the PAPD as rather pusillanimous. When the third building had fallen all the above agencies acted in concert to begin the search and rescue phase of the operation. We had no time for photo-ops nor were any of us ever so inclined to participate in such superficial banter. Our mission was clear-cut, and that was simply to locate as many people as we could. I might add we didn’t have access to any special safety equipment, and we were all filthy dirty. I mention this because in his photos the sergeant and the other officers (I assume under his command) have respirators around their necks and not in use. Another photo shows what appears to be a higher ranking officer properly using his/her respirator; it is of special note that the viewer is able to observe that officer’s pristine white shirt gives the impression that he was dressed more appropriately for testifying in traffic court, rather than digging upon the pile of twisted steel and massive concrete.
For the next year I along with thousands of other members of the uniformed services of the City of New York would continue to labor at that site. Our off-duty time would be spent attending funeral/memorial services for our fallen comrades. I personally would attend more than two hundred of these services, trying to offer in some way a very small bit of solace to the families of these fallen heroes. The media was present at almost all of these funerals/memorials; though asked for comments often, I always declined, I either had another funeral to attend or it was back to the pile to continue our search. More importantly it wasn’t my place to either act as a spokesperson or be photographed; the actions of the brave departed firefighter/police officer spoke tomes. I don’t ever recall having met Sgt. Broich at any of these ceremonies, but perhaps the threat of terrorism coming to such a high risk community as Southampton Village, and the need for his police skills precluded him from attending any of these events. I once read that a picture is worth a thousand words; thank you Sgt. Broich.
Boy that warms the cockles of my Irish heart knowing that Sgt Broich attended more funerals than most members of his Department as per your count. Apparently he attended so many that he was dubbed with the name " Motorcycle Officer". It's very reassuring to learn that he attended these ceremonies with the village's apparatus and on their gas card, I'm surprised he didn't injure himself somehow while volunteering ...more in this capacity as well. Rondo the secret to expressing love and respect to another human is to put that other person ahead of yourself; this " Motorcycle Officer" label looks like it's another attempt to grab the spotlight. For my part I simply attended funerals/memorials as a New York City Fire Department Officer, who even though I was greatly pained by the loss of a brother firefighter, my ultimate goal was to show my sympathy, respect, love, and solidarity with their families.
I think the photos are just fine. I am, however, appalled at the story ...more of one cop's smashing the cameras of dozens of spectators because HE thought their behavior inappropriate. Did he rely on his cop uniform to prevent retaliation? (NYC residents are not known for their forbearance.) Did he smash the cameras of the Media or just those belonging to poor, powerless slobs? The cop posting the story obviously approved of his actions.
We allow cops, unique of all civil servants, to use force in severely restricted circumstances. That two cops would be so presumptuous as to assume that THEY may rewrite the rules regarding violence when their notion of decorum is offended indicates a desperate need for reindoctrination.
To Clarify:
1) You believe the photos are "fine." I firmly believe that this former officer and ANY first responder using ...more the temporary and in many cases permanent grave site for over 3,000 victims of murder, of which 343 were members of the FDNY, as a background for a photo oppurtunity, is without conscience.
2) The first responder who smashed cameras, was not a "cop", he was a firefighter. The cameras were not the property of the media, they were the property of the "powerless slobs" who were doing exactly what Mr Broich was doing, posing for pictures. If you would like to carry on about this firefighters appaling behavior, go ahead.
3) I am not a "cop," but I approved of the firefighters actions. The people who got their camers smashed, they figured it out almost immediately.
4) This story leads many to believe that this pension award is suspect.
5) In response to your last paragraph, it is aboundantly clear there is one very desperate individual who has resorted to desperate actions. It is also clear some rules need to be rewritten for those who take advantage, you are spot on with that.
I don't think it has anything to do with the blue wall of silence and everything do with people being tired ...more of Mr. Brioch and his lawsuits. If this lawsuit goes the way of his previous lawsuits, will he stop? Or will he find another avenue to pursue...isnt it time he moved on?
But he didn't play ball with the old boy network in the village.
One can debate the propriety of photography at the Twin Towers site or of Officer Broich's continued pursuit of legal redress. However, your peseveration in defending a firefighter's repeated assaults is outrageous. Is it really necessary to argue that it is impermissible violently to attack a citizen while wearing the duty gear of a uniformed public servant? (Even if offended by the citizen's perfectly legal behavior.)
SOMEONE should have stopped him at some ...more point. The fact that he was allowed to attack dozens of innocent people despite the presence of hundreds of law enforcement officers is disgraceful. The fact that YOU approve of his behavior is shameful.
This is thuggery, pure and simple, using a tragedy as an excuse.
(Had one of his victims punched the thug out, would the thug's colleagues then have jumped the victim, also without risk of sanction? Do you suppose that this knowledge may have encouraged him in his depredation?)
You speak of rules needing to be rewritten for those who take advantage. Untrue, the existing written rules of behavior need only be enforced. Evidently, those who we entrust with this responsibility failed in their duty - over and over and over again.
I've never met Officer Broich and have no knowledge of his behavior other than as described in the article. Your response supports my belief that some of the posts are the product of personal animosity rather a response to the facts therein.
That's OK. However, were personal prejudices revealed going in, the vitriol of the responses would not have been so startling. As it is, they appeared deceptive.
Be thankful you never met him... By the way which i don't believe for a hot second.. He abused his power as an officer and got what he deserved NOTHING. Possible you should tour the little village and ask about the arrogant Broich which is what people called him.. he got his just rewards