Fire Law Blog Fire Service and Public Safety Legal Issues Blog by Curt Varone
A professional standards investigation by the Rochester (New York) Police Department has recommended that a police officer who handcuffed an EMT last July face disciplinary charges. Investigator Charles LoTiempo will remain on suspended-with-pay status while the disciplinary process plays out.
On July 11, 2022, Monroe Ambulance EMT Lekia Smith arrived at Strong Memorial hospital with a patient. LoTiempo was parked at the emergency room in an unmarked police car. When Smith opened the door to the ambulance, her door struck LoTiempo’s vehicle prompting him to ask her for ID. Smith responded that she would provide ID after she delivered her patient, which led to LoTiempo placing her in handcuffs.
Smith reportedly spent approximately 20 minutes handcuffed in the back of a police car before being released without being charged. The Rochester Police Department immediately investigated this incident, and according to News10NBC released the following statement:
“The Professional Standards Section has completed their investigation into the actions of Investigator LoTempio on July 11, 2022, at Strong Memorial Hospital. The investigation found at least 1 violation of the Rochester Police Department Rules and Regulations. In accordance with The Collective Bargaining Agreement and New York State Civil Service Law, Investigator LoTempio has a right to a hearing regarding these violation(s). Per the Collective Bargaining Agreement, there is a range of potential discipline, up to and including dismissal from the Rochester Police Department.”
LoTiempo has ten days to make a decision about whether he will plead guilty to the charges, or contest them.
