ROCHESTER, N.Y. — Two years and two months after a Rochester Police investigator forcefully arrested an EMT inside the emergency room at Strong Memorial Hospital, his punishment has been settled.

Investigator Charles LoTempio will remain on paid suspension until March of 2025. At that time, he will retire from the Rochester Police Department and be eligible to collect his pension but will have his status as a police officer in New York State revoked.

News10NBC Investigative Reporter Jennifer Lewke first broke this story in July of 2022 when she obtained a video from inside Strong Hospital of LoTempio detaining Monroe Ambulance EMT Lekia Smith while she had a patient on the gurney. 

WATCH: Rochester Police investigator cuffs an ambulance worker in emergency department

Smith had hit LoTempio’s car door in the parking area while getting out to unload a patient.  He asked for her ID but she refused in the parking lot, telling him she had to get her patient inside. She kept walking with that patient, LoTempio followed her inside. 

Rochester Police Chief Dave Smith suspended LoTempio with pay a few days after the incident. LoTempio has has continued to earn his $113,392 salary for the past two years and two months while sitting at home waiting for the disciplinary process to play out.   

Internal investigation findings

News10NBC reviewed more than 400 pages of documents related to that disciplinary process.  An internal RPD investigation found that LoTempio violated 5 of RPD’s general orders during the incident:

• Lack of justification for detaining/arresting
• Unnecessary and excessive use of force
• Failure to de-escalate
• Improper conduct
• Failure to double-lock handcuffs

The internal RPD investigators suggested LoTempio be terminated.

But under the union contract, police officers have the right to an outside hearing with an arbitrator. It took more than a year to find one who would take the case and in the end, the arbitrator found LoTempio not guilty of the top four charges, saying, “there was inadequate evidence to prove the charges by a ‘preponderance of the evidence.'”

The only thing arbitrator Douglas Bantle agreed with RPD on was that LoTempio failed to double lock his handcuffs. His suggested punishment was a counseling memo or training.

In a statement, Rochester Police Chief Dave Smith tells News10NBC Investigative Reporter Jennifer Lewke:

 “On July 18, 2022, I became aware of an incident at Strong Hospital involving Investigator Charles LoTempio.  After a preliminary review of the situation, it was obvious that Investigator LoTempio’s actions were not in line with my expectations as Chief of the Rochester Police Department.  I immediately suspended Investigator LoTempio and directed the Professional Standards Section to begin an internal investigation.  At the conclusion of that investigation, it was found that Investigator LoTempio violated the Rochester Police Department General Orders and its Rules and Regulations. This was a lengthy process, which in accordance with Article 75 of the New York State Civil Service Law and the Collective Bargaining Agreement, included a hearing in front of a neutral Hearing Officer.

At the completion of that hearing, I did not agree with the recommended discipline and pursued an alternate disciplinary agreement between myself, Investigator LoTempio, and the Rochester Police Locust Club.  As a result of that agreement, Investigator LoTempio will be retiring from the Rochester Police Department and will not contest the City of Rochester’s application to the New York State Division of Criminal Justice Service to have his status as a Police Officer revoked.  It is important to note, that this agreement is final and not subject to appeal or grievance.

As Chief, I have a responsibility to both our community and the to the rights of our employees.  Although this was a lengthy process, it was crucial to follow all of the steps outlined in both Civil Service Law and the Collective Bargaining Agreement.  I appreciate the patience shown throughout this process, which is ultimately ending with Investigator LoTempio no longer serving as a Police Officer in the City of Rochester.”

As part of the settlement Lotempio must exhaust all his accrued vacation and compensatory time, he’ll then remain on paid suspension until March of 2025 at which time he will retire. His pension will amount to roughly half of his current annual salary. During the time he has been on paid suspension, Lotempio has been unable to collect any overtime wages or make any career advancements. 

To take a look at the disciplinary documents, click here.

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