Casey Voelkl Complaint

Case 6:23-cv-06098-CJS Document 1 Filed 02/03/23 Page 1 of 30
UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK
CASEY VOELKL
Plaintiff,
Case No.: _____________
v.
VERIFIED COMPLAINT
TOWN OF GREECE,
JURY TRIAL
GREECE POLICE DEPARTMENT,
DEMANDED
WILLIAM D. REILICH, and
MICHELLE MARINI,
Defendants.
Deputy Chief of Police CASEY VOELKL (“Deputy Chief Voelkl”), by and through his
attorneys, Abrams Fensterman, LLP, Maureen T. Bass, Esq. and Sharon P. Stiller, Esq., of counsel,
and Tully Rinckey, PLLC, Eugene Welch, Esq., as and for his Verified Complaint against the
Defendants, TOWN OF GREECE, GREECE POLICE DEPARTMENT, WILLIAM D.
REILICH, and MICHELLE MARINI, alleges as follows:
Introduction
1. In 2021, Greece’s Town Supervisor William Reilich was running for re-election.
Weeks before the election, his Police Chief, Andrew Forsythe, crashed his department vehicle.
2. Deputy Chief Voelkl asked District Attorney Sandra Doorley to conduct an
independent investigation because Supervisor Reilich’s office seemed more concerned with his
campaign than the crash. Specifically, Supervisor Reilich’s office had disseminated false
information to the public and allowed the Police Chief to remain in command of all matters,
including any investigation into his own crash.

3. Deputy Chief Voelkl’s decision ignited a public relations firestorm for the
Defendants.
4. In retaliation, Deputy Chief Voelkl faced unprecedented and illegal consequences
that ultimately destroyed both his health and career.
5. Deputy Chief Voelkl was met at his office where he had faithfully served for years,
stripped of his uniform, relieved of his phone, badge and gun, and escorted out of the Police
Department like a criminal.
6. At Defendants’ direction, Greece taxpayers then paid for a sham report that would
be used to discredit and punish Deputy Chief Voelkl.
7. At Defendants’ direction, Deputy Chief Voelkl was demoted an unprecedented four
Civil Service steps to a patrolman without any hearing or any due process.
8. Defendants intentionally and willfully orchestrated the destruction of Deputy Chief
Voelkl’s career to protect their own reputations and in retaliation for his whistleblowing activities.
9. This action seeks the lawful restoration of Deputy Chief Voelkl’s position,
designation and benefits, as well as damages in connection with the Defendants’ concerted efforts
to destroy Deputy Chief Voelkl’s exemplary career.
Jurisdiction and Venue
10. This Court has original jurisdiction pursuant to 28 U.S.C. § 1331, because Deputy
Chief Voelkl’s claims arise under 42 U.S.C. § 1983.
11. The supplemental jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1367
over all other claims.
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12. Venue in this district is appropriate pursuant to 28 U.S.C. § 1391(b)(1) and (2), as
all Defendants reside in this district and a substantial part of the events giving rise to the claims
occurred in this district.
The Parties
13. Deputy Chief Voelkl is an individual residing at 39 Evandale Road, Rochester,
New York 14618.
14. Upon information and belief, Defendant Town of Greece (“Greece” or the “Town”)
is a municipal corporation, having its principal office at 1 Vince Tofany Blvd., Greece, New York
14612-5030.
15. Upon information and belief, the Greece Police Department (the “Police
Department” or the “Greece Police”) is a Department of Greece with its headquarters at 6 Vince
Tofany Blvd., Greece, New York 14612-5030.
16. Upon information and belief, Supervisor Reilich is an individual residing at 462
Melwood Drive, Rochester, New York 14626.
17. Upon information and belief, Deputy Supervisor Michelle Marini (“Deputy
Supervisor”) is in an individual residing at 232 Torrey Pine Drive, Rochester, New York 14612.
Deputy Chief Voelkl
18. In 2003, Deputy Chief Voelkl was hired by the Greece Police and promoted to
Deputy Chief on October 24, 2015.
19. Deputy Chief Voelkl is the recipient of numerous awards, including Officer of the
Year Award, a Police Leadership Award, two Distinguished Service Awards and multiple Chiefs’
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Letters of Recognition. Deputy Chief Voelkl was also nominated for the Medal of Valor, which is
considered one of the highest honors that a police officer can receive.
20. Deputy Chief Voelkl attended the FBI National Academy in 2018, with members
making up the highest 1% of all senior law enforcement in the world.
Attorney Karlee Bolaños
21. Supervisor Reilich has the authority to select and hire outside law firms to represent
Greece.
22. Election disclosures reflect that Attorney Karlee Bolaños (“Attorney Bolaños”), her
relative(s), and her law firm have made financial contributions to Supervisor Reilich’s political
campaigns.
23. Supervisor Reilich has selected Attorney Bolaños and her law firm to represent
Greece in certain matters.
Greece Police Command
24. On or about January 1, 2021, Supervisor Reilich selected Andrew Forsythe as the
Police Department’s Chief stating that he was a “model of the selfless service that we believe
personifies the individual who should lead our department.”
25. Chief Forsythe had two deputy chiefs - Deputy Chief Voelkl and Deputy Chief
Jason Helfer.
The Car Crash and Aftermath
26. Upon information and belief, on October 20, 2021, Chief Forsythe attended a
fundraiser and was drinking alcohol.
27. After leaving the event, Chief Forsythe crashed his department-issued vehicle.
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28. Upon information and belief, hours after the crash Chief Forsythe used his police
radio and requested that a Sergeant come to his location.
29. Two officers responded and one of those officers was a Lieutenant, the third highest
ranking level of the Greece Police and a member of the Greece Police’s command staff.
30. Greece Police Department Policy required those officers to make a preliminary
determination of whether a crime had been committed in connection with Chief Forsythe’s crash.
31. Chief Forsythe told those officers he had swerved to miss a deer and neither officer
observed evidence that Chief Forsythe’s driving was impaired by alcohol.
32. At approximately 2:00 a.m., Deputy Chief Voelkl received a “notification phone
call” from the officers with Chief Forsythe.
33. Deputy Chief Voelkl knew the two officers on the scene to be competent, honest,
trustworthy and collectively, experienced in observation and investigation.
34. Deputy Chief Voelkl had no reason to reject the officers’ assessment that there was
no crime to investigate in connection with Chief Forsythe’s crash.
35. Within hours of his call, Chief Forsythe went to work at the Police Department. At
about 8:30 a.m., Deputy Chief Voelkl was able to speak to Chief Forsythe.
36. During their conversation, Chief Forsythe indicated that Supervisor Reilich’s office
was informed of the accident and he understood Supervisor Reilich’s office to be in command of
all matters relating to the accident.
37. In the following hours, Deputy Chief Voelkl learned that Supervisor Reilich’s
office was providing inaccurate information about the crash to media outlets. Deputy Chief Voelkl
also learned of efforts to determine the identity of an officer who had taken pictures of Chief
Forsythe’s vehicle.
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38. Deputy Chief Voelkl, and other Greece Police officers, became concerned that
politics were improperly influencing the handling of the situation.
39. Deputy Chief Voelkl contacted the Monroe County District Attorney, Sandra
Doorley, and requested an independent investigation.
40. Deputy Chief Voelkl called and reported his request for an investigation to the
Deputy Supervisor and asked that Chief Forsythe be placed on leave so that his presence would
not influence the investigation.
41. The Deputy Supervisor responded that Deputy Chief Voelkl should (1) tell Chief
Forsythe that he (Deputy Chief Voelkl) requested the investigation; and (2) tell District Attorney
Sandra Doorley that her press release should say that the Town of Greece requested the
investigation.
42. The Deputy Supervisor also told Deputy Chief Voelkl that Chief Forsythe would
not be suspended during the investigation.
43. The investigation was conducted and Chief Forsythe ultimately pleaded guilty to
two misdemeanor charges, driving while ability impaired and leaving the scene of a property
accident.
The Retaliation
44. Deputy Chief Voelkl’s actions forced Supervisor Reilich’s office to address his
police chief’s crash and answer for his office’s inaction while campaigning for re-election.
45. Supervisor Reilich’s political opponent criticized Supervisor Reilich for his
handling of the crash.
46. News10 NBC reported:
The Monroe County District Attorney’s office is investigating the

incident, and now the supervisor’s political contender is questioning
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how it was handled . . . Jim Leary, a Democrat, is running against

Republican incumbent Bill Reilich in the election next week on
Nov. 2. Leary tells News10NBC that he feels the investigation into
the crash was handled “irresponsibly . . .I have the utmost faith and
confidence that they (the Police Department) can conduct an
investigation. I just think it was nonprofessional for the town
supervisor to not immediately to call in an outside agency.”
47. Supervisor Reilich’s office deflected the political maelstrom by attacking the
Greece Police and specifically, the Deputy Chief who had the gall to request an independent
investigation - the exact action Supervisor Reilich had been criticized for not requesting.
48. At various times and places, including but not limited to at a press conference on
or about November 8, 2021, Supervisor Reilich falsely stated that the District Attorney
investigation was at “our” request, instead of at the request of Deputy Chief Voelkl. Supervisor
Reilich falsely told channel 10 news that he had “contacted the DA and put Forsythe on leave.”
49. Supervisor Reilich suggested that the Greece Police had ignored illegal acts
because it did not know “what to do if a chief or commanding officer is discovered to be ‘engaged
in illegal acts or workplace misconduct.’”
50. After publicly criticizing and defaming him before there had been any
investigation, the Defendants suspended Deputy Chief Voelkl.
51. Even though Deputy Chief Voelkl’s suspension was supposed to be so that an
investigation could be completed, he was treated like a criminal.
52. After nearly twenty years of flawless service to Greece, in front of his co-workers,
Deputy Chief Voelkl was stripped of his cell phone, police credentials, police uniforms, access
cards, computers, badge and gun before being escorted from the premises like a criminal in plain
clothes.
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53. Defendants decision to “perp walk” Deputy Chief Voelkl before there was even an
allegation of wrongdoing against him reflects the vindicative, personal and retaliatory nature of
Defendants’ actions.
54. Defendants then caused Greece taxpayers to pay for an investigation and report that
would target the Greece police officers who cooperated with the District Attorney’s investigation
and not the Police Chief who pleaded guilty to misdemeanors.
55. This report had a preordained conclusion that those cooperating Greece officers
should be punished, with no mention of Supervisor Reilich’s office who had selected Chief
Forsythe, allowed him to remain in his position after the crash, refused to request an independent
investigation and allowed for misinformation to be provided to the media (the December 21, 2021
report will hereinafter be referred to as “Morabito Report.”)
56. The Morabito Report was issued only 42 days after the investigator’s appointment.
57. The sheer speed in which Mr. Morabito, who was recovering from major surgery
at the time, was able to conduct an investigation into this matter involving no less than 10 members
of the Police Department, is astonishing.
58. Upon information and belief, the Morabito Report was authored or co-authored in
whole or in part by Attorney Bolaños at the behest of the Supervisor Reilich’s office.
59. The Morabito Report consists of dozens of pages of findings, recommendations,
and actual disciplinary charges, which gives rise to questions about who actually investigated, who
authored the report, and how much opportunity there was to conduct a complete investigation.
60. While the Report mentions whistleblower protections, there is no analysis as to
whether Deputy Chief Voelkl was retaliated against for going to the District Attorney’s office and
requesting an independent investigation.
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61. The investigation and report contained inaccuracies. Indeed, after a third party
demanded a retraction, part of the report was changed.
62. Defendants used the Morabito Report to threaten Deputy Chief Voelkl with
disciplinary charges, termination and the loss of his pension. It was also used to demote him down
four Civil Service steps - placing him back in the position of least seniority after having been the
second in command for years.
63. The Morabito Report was concocted to attack and retaliate against the officers who
requested and had to cooperate with the District Attorney’s independent investigation.
64. The Morabito Report was concocted to make sure that no other Greece Police
Officer ever crossed Supervisor Reilich’s office.
65. The actions of the Town of Greece constitute retaliation against Deputy Chief
Voelkl for being a whistleblower, and are prohibited by, among other laws, Section 75-b of the
New York State Civil Service Law.
66. Deputy Chief Voelkl is the whistleblower who reported possible misconduct to the
Monroe County District Attorney’s, and who requested that the District Attorney’s office conduct
an independent investigation. In addition, Deputy Chief Voelkl is the whistleblower who requested
that the Town of Greece suspend and/or place on administrative leave then-Chief Forsythe while
an investigation of his conduct was ongoing to preserve the integrity of an investigation.
67. Deputy Chief Voelkl believed and continues to believe that the conduct he reported
is true, and that the actions of former Chief Forsythe and the failure of the Town of Greece to
authorize an internal or additional investigation constituted improper and corrupt governmental
action.
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68. Deputy Chief Voelkl has become the scapegoat for the inaction of the Defendants,
when in reality, the opposite is true.
69. These adverse personnel actions would not have been taken but for the protected
conduct engaged in by Deputy Chief Voelkl.
70. Defendants purported to act under color of State law, and each participated in the
decision regarding demotion, motivated by discriminatory intent.
71. The foregoing suspension and one-sided dissemination of false information was
orchestrated by the Defendants, without any opportunity for Deputy Chief Voelkl to know the
reasons for the suspension, any charges against him, any opportunity to respond, or any
opportunity for a hearing.
72. The derogatory and stigmatizing statements uttered by Defendants about Deputy
Chief Voelkl, along with public disclosure and dissemination of information to the public about
his suspension, and false information about the underlying acts, are false and capable of being
proved false, and imposed a material alteration of Deputy Chief Voelkl’s status and rights. They
accuse Deputy Chief Voelkl of dishonesty and other improper conduct. They impugned and
denigrated Deputy Chief Voelkl’ s competence as a professional and impugn his reputation in such
a fashion as to effectively put a significant roadblock in his continued ability to practice his
profession.
73. The alleged suspension from Deputy Chief Voelkl’s position as Deputy Chief was
not temporary. He was never permitted to resume that permanent appointment as Deputy Chief at
any time following his suspension. As of December 21, 2022, his base pay was and has been
reduced by at least 32%.
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74. Since his suspension, Deputy Chief Voelkl has not been hired back into the same
position he held before his suspension; instead, he has been demoted and his basic and other wages
and benefits have been cut, all without the due process required under both federal and State law.
75. Upon information and belief, determinations concerning suspension and demotion
and the Morabito report were placed in Deputy Chief Voelkl’s personnel file.
Further Defects in Defendants’ Unauthorized and Illegal Suspension and Demotion of

Deputy Chief Voelkl
76. On or about November 8, 2021, then Acting Chief Jason Helfer notified Deputy
Chief Voelkl that he was immediately suspended. However, that notice did not contain any notice
of charges or advice of rights pursuant to Town Law §155 or Town Resolution #408.
77. That Notice of Suspension was ineffective. It failed to conform to the requirements
of Town Law §155 or Town Resolution #408. Moreover, it was issued before any investigation
was conducted by the Town of Greece or the Greece Police Department.
78. By resolution of the Town Board dated December 16, 2021, the Town Board voted
to provide “Authorization, pursuant to Town Resolution #408 of 2013, to designate and authorize
Joseph Morabito, Special Deputy Chief of Internal Affairs to prefer disciplinary charges against
sworn members of the Greece Police Department, and further directing Special Deputy Chief
Morabito to issue the charges by no later than Monday, December 20, 2021.”
79. While Defendants’ appointee, Joseph Morabito, provided Deputy Chief Voelkl
with a letter dated December 20, 2021, but not delivered until December 21, 2021, entitled “Notice
of Charges Pursuant to Town Law §155 and Resolution #408, the Town denied that it was
imposing or intending to impose any discipline as authorized by Town Law §155 and Resolution
#408. Instead, the document itself specifically stated that none of the charges specified in the
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document were “activated” and specifically denied that any charges were instituted as “discipline”
against Deputy Chief Voelkl.
80. It further threatened that if he protested in any way or demanded the due process to
which he was entitled, he would be fired. In other words, the Defendants threatened Deputy Chief
Voelkl that if he took advantage of his legal rights to contest their actions, he would suffer more
severe penalties-including the loss of his pension that he had worked nearly twenty years to earn.
81. Defendants attempted to bypass the legal protections afforded to Deputy Chief
Voelkl by law, including but not limited to the Civil Service Law, Town Law, and Town
Resolution by “demoting” Deputy Chief Voelkl by “personnel order” authorized but not signed by
Acting Chief Helfer.
82. On or about December 20, 2021, the Police Department issued a memorandum
from Acting Chief Helfer, but not signed by him, advising Deputy Chief Voelkl that effective
December 21, 2021 he was “temporarily assigned as Patrol Officer from Deputy Chief of the
Operations Bureau effective immediately.” This constituted an unprecedented four civil service
rank demotion – back to the position he was first hired to fill 19 years earlier.
83. As a result of this demotion, Deputy Chief Voelkl’s base pay was reduced 32%.
He was required to obtain a new identification and badge, and to surrender all of the gold marking
of his rank as Deputy Chief.
84. This “temporary assignment” is not temporary, and has now lasted from December
21, 2021, to the date of filing of the Complaint, in excess of a year. It is anticipated that it will
continue, since it is intended as punishment for Deputy Chief Voelkl and to bypass all procedural
protections to which he is entitled.
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85. This demotion, which entailed a reduction in pay, loss of certain benefits, and a
demotion in grade and title, constituted disciplinary action within the meaning of the Civil Service
Law.
86. Without complying with the conditions precedent to do so, if any, the Defendants
have effectively removed Deputy Chief Voelkl from a position in a State Civil Service division in
violation of law, such that he is entitled to be restored to the salary, compensation and benefits
which he would have received in his position of Deputy Chief absent the unlawful removal.
87. No charges have ever been “activated” against Deputy Chief Voelkl.
88. Deputy Chief Voelkl has never consented to the demotion or waived his rights to
“activated” charges, notice, a hearing, and other rights and protections guaranteed by law before
he can be deprived of his permanent position, compensation and benefits as Deputy Police Chief
of the Town of Greece.
89. The demotion was made without activated charges, an opportunity to respond to
them, and without a hearing. The action was and is null and void and of no force and effect.
90. Town Resolution #408 did not authorize the Defendants to demote then Deputy
Chief Voelkl. To the contrary, the only discipline authorized by Town Resolution #408 was
“reprimand, forfeiture and withholding of compensation for a time not exceeding 20 days, extra
tours or hours of duty not exceeding 20 days, suspension without pay for a time not exceeding 20
days, and dismissal.”
91. If the Town Law and Greece Town Resolution did not apply to the actions taken
against him, Deputy Chief Voelkl was entitled to the protections of the N.Y.S. Civil Service Law,
which only authorizes a demotion in pay or title after a covered employee is found guilty of
charges, following compliance with the required due process protections.
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92. Alternatively, in the event that Town Resolution #408 applied, it did not authorize
Deputy Chief Voelkl’s four civil service rank demotion and deprivation of pay and benefits
attendant to his permanent civil service position without charges being activated, without a
hearing, and without the other rights afforded to him by law.
93. The Supervisor was not authorized to demote Deputy Chief Voelkl. While pursuant
to Town Law §52, Town Supervisor Reilich had the power to bring charges against the head or
deputy head of the Police Department for hearing, he did not do so with respect to Deputy Chief
Voelkl, and the time limitations for him to do so based upon the 2021 situation has passed.
94. Neither the Supervisor nor the acting Chief was authorized or permitted to demote
Deputy Chief Voelkl by memorandum of “temporary assignment” and thereby remove his
permanent Civil Service rank, salary and benefits.
95. The Town Board has never authorized or approved the demotion of Deputy Chief
Voelkl from the rank of Deputy Chief to the rank of Officer. Neither the Monroe County nor the
New York State Civil Service Commission has authorized or approved the demotion of Deputy
Chief Voelkl from the rank of Deputy Chief to the rank of Officer. Upon information and belief,
no notice or information about the demotion was or has been filed with the civil service
commission having jurisdiction over his position.
96. Deputy Chief Voelkl has never been found guilty of any charges. As a result, he is
entitled to reinstatement with full pay from the date of suspension pursuant to Town Law §155.
97. Any charges would be untimely pursuant to the requirements of the Town Law and
Greece Town Resolution, in the event that they apply, or the N.Y.S. Civil Service Law, in the
event that it applies, and would constitute retaliation for Deputy Chief Voelkl’s exercise of his
rights.
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Procedural History, Damages and Relief Sought
98. The Defendants engaged in retaliatory acts against Deputy Chief Voelkl, in
violation of law, including but not limited to the New York State Civil Service law as well as in
violation of Deputy Chief Voelkl’s constitutional rights, and his right as a citizen to bring
corruption within the Town of Greece to the attention of governmental bodies. The false reports
made against Deputy Chief Voelkl have caused him pain and suffering and pecuniary damages.
99. Deputy Chief Voelkl timely filed a Notice of Claim on or about February 4, 2022,
identifying claims against the Defendants based on the facts outlined therein, including the facts
detailed in this Complaint, and identifying the facts and claims specified herein.
100. While the Defendants have had a sufficient opportunity to conduct a hearing
pursuant to Civil Service Law 50-h, they have chosen not to schedule one.
101. As a direct and proximate result of the continuous actions and omissions of the
Town of Greece, Deputy Chief Voelkl suffered pecuniary and emotional injuries and injuries to
his stellar reputation.
102. The four-step demotion suffered by Deputy Chief Voelkl was shocking and severe.
103. Defendants’ actions have caused Deputy Chief Voelkl to lose compensation to
which he was entitled, use of a fleet vehicle, and he suffered losses to his reputation, health and
his career. His wages and benefits have been reduced and his opportunity for promotion decreased,
all of which also has an impact on his pension in the event he retires.
104. As a direct and proximate result of the continuous actions and omissions of the
Defendants, Deputy Chief Voelkl suffered retaliation, improper reassignment, and other adverse
personnel action prohibited by law, as well as other physical, mental and emotional ailments.
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105. As a proximate and direct result of the Town of Greece’s conduct toward him,
Deputy Chief Voelkl has been anxious, nervous, scared, and unable to sleep.
106. Based on the foregoing, Deputy Chief Voelkl demands relief for damages for his
loss of past and future wages, holiday pay, accrual of paid time off, pension contributions, credited
service time for purposes of pension contributions, lost benefits, lost wages as a result of being
deprived of promotions, credited service time for purposes of seniority, longevity pay, as well as
pain and suffering, along with interest and attorney’s fees, along with restoration and reinstatement
to his permanent Civil Service position as Deputy Chief, and restoration and reinstatement of his
compensation and benefits.
107. The deprivation of all rights and due process to which Deputy Chief Voelkl was
entitled was effectuated on the basis of the power provided by Defendants to their policymakers
in its Rules, Regulations and Resolutions.
108. As a tenured, permanently appointed Deputy Chief, Deputy Chief Voelkl was
entitled to notice and an opportunity to respond before being suspended or demoted or removed
from that position, including but not limited to written notice of the charges, an explanation of the
employer’s evidence, and the opportunity to present his side of the story.
109. As a tenured, permanently appointed Deputy Chief, Deputy Chief Voelkl was
entitled to a post-suspension and demotion hearing, and no post-suspension hearing was ever
provided, let alone promptly scheduled. Since his suspension, he has never been restored to his
permanent Deputy Chief position, and his lost wages, benefits and other losses have never been
restored.
FIRST CAUSE OF ACTION

(Declaratory Judgment Declaring that Deputy Chief Voelkl’s Rank and Benefits Have Not
Changed and Continue as Deputy Police Chief and Reinstating and Restoring His Rank,
Compensation, Benefits and Seniority)
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110. Deputy Chief Voelkl repeats and realleges each and every preceding allegation as
if fully set forth herein.
111. This is a claim under CPLR §3001 seeking a declaratory judgment. Deputy Chief
Voelkl seeks a declaration that he has retained and continues to retain the rank, compensation and
benefits of his Civil Service appointment to Deputy Chief of Police of the Town of Greece, and
that his suspension and “temporary” demotion to the rank, compensation and benefits of patrol
officer is invalid, void and unenforceable.
112. Deputy Chief Voelkl also seeks a permanent injunction barring the Defendants
from demoting Deputy Chief Voelkl from his Deputy Chief position or disciplining him in relation
to Chief Forsythe’s accident and his request that the Monroe County District Attorney’s office
investigate, along with such other and further relief as the Court may deem just and appropriate.
113. At all times following his appointment to the Deputy Chief position in 2015,
various laws including but not limited to the New York State Civil Service Law, Town Law §155
and Town Resolution #408 guaranteed Deputy Chief Voelkl due process and other protections
before he could be removed from his permanent Civil Service position of Deputy Chief, and before
his compensation and benefits could be decreased or taken away.
114. In November 2021, Defendant Town of Greece and the Greece Police Department
purported to suspend Deputy Chief Voelkl without complying with the aforesaid statutes and
ordinances.
115. On or about December 21, 2021, Defendant Town of Greece and the Greece Police
Department purported to remove Deputy Chief Voelkl from his permanent position as Deputy
Chief, reduce his compensation by four civil service ranks, and deprive him of other benefits
including but not limited to use of a fleet vehicle, reduce his pension as a result of the compensation
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reduction and reduce or deprive him of other similar benefits. They did this by purporting to
“temporarily” assign him to the position of patrol officer. This was a subterfuge to demote him in
the guise of not disciplining him, and therefore to deprive him of a hearing and other protections
to which he was entitled under the aforementioned laws.
116. The position of patrol officer was the same position that Deputy Chief Voelkl had
occupied when he began working for the Town of Greece Police Department in 2003 before he
was promoted to Sergeant, Lieutenant or Deputy Chief.
117. This constituted an adverse employment action and adverse personnel action. The
position of patrol officer is not a management or supervisory position similar to the position he
occupied as Deputy Chief, and does not carry with it the same rank, compensation or benefits.
118. This demotion was not temporary; it continues to the date of filing this Complaint
and is anticipated to continue unless remedied by the Court.
119. Deputy Chief Voelkl’s demotion is not and was not “temporary” or necessary, and
Defendants have exceeded their authority, if any, to temporarily assign him to a patrol officer
position or to any position other than that of his permanently appointed position, Deputy Chief.
120. The acting Police Chief’s “temporary assignment” and the Town’s suspension are
invalid and unenforceable because they fail to comply with Civil Service Law, Town Law or Town
Resolution by changing Deputy Chief Voelkl’s rank, compensation, benefits and career without
the due process protections afforded to him by the relevant laws.
121. Civil Service Law § 75 provides a mandated procedure as the exclusive mechanism
by which certain public employees, including those holding a position by permanent appointment
in the competitive class of the classified civil service, may be subjected to discipline. In the event
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that the Town has validly retained discipline rights, Town Law §155 and Town Resolution #408
provide the mandated procedure to demote a Deputy Chief such as Deputy Chief Voelkl.
122. Civil Service Law § 75 and the Town Law and Resolution require timely charges,
notice of charges, an opportunity to respond, a hearing and a conviction before a permanently
appointed officer such as Deputy Chief Voelkl can be demoted, and his rank, compensation and
benefits impacted, as has been the case with Deputy Chief Voelkl.
123. Defendants have taken the position that they were entitled to demote Deputy Chief
Voelkl, that the demotion did not constitute discipline within the meaning of the protective statutes
and that the demotion did not require complying with any of the protective procedures referenced
above. They did not provide notice of charges, charges, or a hearing when Deputy Chief Voelkl
was suspended and did not “activate” any charges or timely provide notice of charges or a hearing
before demoting Deputy Chief Voelkl.
124. Along with illegally and improperly demoting Deputy Chief Voelkl, Defendants
have failed and refused to restore Deputy Chief Voelkl to his civil service rank, benefits and
position of Deputy Chief.
125. Upon information and belief, Defendants conspired together to direct the
suspension, demotion, and deprivation of rights to meet their own political agendas, to the
detriment of the citizens of the Town.
126. The conduct of the Defendants, unless and until immediately enjoined and
restrained by order of this court and unless and until this Court declares that Deputy Chief Voelkl’s
rank, compensation and benefits are and always should have been that of Deputy Chief, will cause
great and irreparable injury, not only to Deputy Chief Voelkl, but to the Greece community which
must be protected not only from criminals but also from corruption.
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127. Deputy Chief Voelkl asked for a full evidentiary hearing and reinstatement and was
denied.
128. As a result of the foregoing, this Court should enter a declaratory judgment pursuant
to CPLR §3101 declaring that Deputy Chief Voelkl is and always has been permanently appointed
to the rank of Deputy Chief of the Town of Greece, retaining his rank, compensation and benefits,
and enter a judgment restoring to him the rank, compensation and benefits to which he has been
illegally deprived.
SECOND CAUSE OF ACTION

(42 U.S.C. §1983 Deprivation of Rights Under Color of Federal and State Law as Against
All Defendants)
130. This is an action for deprivation of constitutional rights under color of state law
brought pursuant to the recodification section 1979 of the Civil Rights Act of 1971, 42 U.S.C.A.
§ 1983, for remedies for Defendants' deprivation of Deputy Chief Voelkl's civil rights.
131. Defendant Town of Greece is, and was at all times mentioned, a public entity,
operating as an extension of the State of New York in providing police services in Defendant
Town. The Greece Police Department was a Department of the Town, and Supervisor Reilich and
Deputy Supervisor Marini purported to be agents of Defendant Town and to act in concert with
these public entities. The Defendants, and each of them, were acting under color of their authority
and, as such, under color of the statutes, ordinances, regulations, customs, and usages of New York
State and the Town of Greece.
132. By reason of the Defendants' conduct, Deputy Chief Voelkl was deprived of rights,
privileges, and immunities secured by the Constitution of the United States and laws enacted under
that Constitution, and the Constitution and laws of the State of New York.
20
133. Deputy Chief Voelkl has been deprived of liberty and property interests without the
minimal protections of due process guaranteed under the United States Constitution.
134. The Defendants conspired to take action against Deputy Chief Voelkl in secret and
intended to deprive him of rights. Their acts have, for now, destroyed Deputy Chief Voelkl's
career.
135. The United States Supreme Court has consistently maintained that both property
and liberty interests are protected by the Fourteenth Amendment of the United States Constitution.
Property interests here include the loss of income that Deputy Chief Voelkl has experienced in the
past year and in the future years when he would have worked for Defendants. The liberty interest
has been interpreted by the United States Supreme Court to include a person's good name,
reputation, honor or integrity.
136. The good name, reputation, honor, and integrity of Deputy Chief Voelkl have been
compromised and damaged by the conduct of Defendants. Their actions have been widely
disseminated. Nothing will ever restore Deputy Chief Voelkl to the good reputation he had before
Defendants engaged in the inappropriate conduct referenced herein.
137. As a proximate result of Defendants' actions against Deputy Chief Voelkl, as
alleged above, Deputy Chief Voelkl has been harmed, in that he has lost his Deputy Chief job and
title, has sustained and will sustain monetary losses during the period of absence from his position
that would have been earned as a part of Deputy Chief Voelkl's compensation and benefits, will
lose income from future years that he would have been Deputy Chief but for the actions of the
Defendants, and will be economically harmed if and when Deputy Chief Voelkl leaves Defendant
Town to accept a position elsewhere.
21
138. The injury to Deputy Chief Voelkl has included emotional and mental distress,
physical upset, and physical injury, all constituting general damages in an amount to be determined
at trial.
139. As a further proximate result of the actions of the Defendants, and Defendants'
intentional deprivation of Deputy Chief Voelkl's liberty, Deputy Chief Voelkl has suffered damage
to his good name, reputation, honor, and integrity.
140. As a further proximate result of the actions of the Defendants, Deputy Chief Voelkl
has been required to retain the services of attorneys to protect his interests, and Deputy Chief
Voelkl will be responsible for the fees and costs incurred through that representation.
141. The above actions of the Defendants, and each of them, in depriving Deputy Chief
Voelkl of his constitutionally protected rights were done with malicious motive or intent, or with
reckless or callous indifference to his rights.
142. Deputy Chief Voelkl seeks all legal and equitable relief to which he may be entitled,
including, but not limited to compensatory and punitive damages, attorney's fees and costs,
prejudgment interest, and injunctive relief against all Defendants.
THIRD CAUSE OF ACTION

(Retaliation for Exercising Freedom of Speech
Violation of 42 U.S.C. § 1983 as Against All Defendants)
144. Pursuant to Article 1, Section 8 of the New York State Constitution and the First
Amendment to the United States Constitution, every citizen may freely speak, write or publish
their thoughts as it relates to matters of public concern.
22
145. Defendants, acting as State representatives, violated Deputy Chief Voelkl’s First
Amendment rights by retaliating against him for exercising his freedom of speech as a citizen with
regard to a matter of public safety and concern by reporting possible criminal conduct on the part
of Chief Forsythe and unethical, illegal and corrupt practices by the Defendants in attempting to
cover it up, by requesting that the Monroe County District Attorney’s office conduct an
investigation and by requesting that the Chief be suspended or placed on administrative leave while
the investigation was conducted.
146. As a direct and proximate result of Defendants’ retaliatory actions against Deputy
Chief Voelkl, he has suffered and continues to suffer a loss of past and future income, monetary
damages, humiliation, severe emotional distress, mental and physical anguish and suffering, and
damages to his professional reputation, in an amount to be determined by a trier of fact.
147. Defendants, acting as State representatives, violated Deputy Chief Voelkl’s First
Amendment rights by retaliating against him for exercising his freedom of speech as a citizen with
regard to a matter of public safety and concern by reporting the aforesaid practices and conduct.
148. Defendants’ actions constitute a violation of Deputy Chief Voelkl's rights under the
United States Constitution and the New York State Constitution.
149. As a career public servant, Deputy Chief Voelkl had the legitimate expectation to
remain in the position to which Deputy Chief Voelkl had been promoted (and from which he was
demoted by Defendants) and that Deputy Chief Voelkl could not be removed or demoted from that
position except for cause. Defendants deny disciplining him, let alone removing him from his
position for cause.
150. Defendants knew, or should have known, that removing Deputy Chief Voelkl from
his supervisory position and demoting him because of his protected statements was a violation of
23
Deputy Chief Voelkl's rights under the United States Constitution and under the New York State
Constitution.
151. The Defendants acted maliciously, willfully, and in wanton and reckless disregard
of Deputy Chief Voelkl's constitutional rights when they took the action, in violation of Deputy
Chief Voelkl's civil rights, as provided in 42 U.S.C.A. §1983.
152. As a result of the foregoing, Deputy Chief Voelkl must be restored and reinstated
to his Deputy Chief position, with back pay and benefits, prejudgment interest, additional
compensation for all damages, and attorney’s fees.
FOURTH CAUSE OF ACTION

(Violation of Civil Service Law § 75-b
As Against the Town and the Town of Greece Police Department)
154. Civil Service Law § 75-b states, in pertinent part that “a public employer shall not
dismiss or take other disciplinary or other adverse personnel action against a public employee
regarding the employee’s employment because the employee discloses to a governmental body
information: (i) regarding a violation of a law, rule or regulation which violation creates and
presents a substantial and specific danger to the public health or safety; or (ii) which the employee
reasonably believes to be true and reasonably believes constitutes an improper governmental
action.”
155. At all times relevant, Deputy Chief Voelkl was a public employee covered under
Civil Services Law § 75-b.
156. At all times relevant, the Town and the Greece Police Department were public
employers covered under Civil Services Law § 75-b.
24
157. At all times relevant, the Monroe County District Attorney’s office was and is a
governmental body within the meaning of Civil Services Law § 75-b.
158. On or about October 23, 2021, Deputy Chief Voelkl disclosed to the Monroe
County District Attorney’s Office a violation of a law, rule or regulation which violation created
and presented a substantial and specific danger to the public health or safety; and/or which Deputy
Chief Voelkl reasonably believed to be true and reasonably believed constituted an improper
governmental action, to wit: the aforesaid conduct of Chief Forsythe and the failure of the Town
of Greece and Defendants to do anything about it.
159. Defendants, jointly and severally and as agents of each other, conspired to and did
take adverse disciplinary and personnel action against Deputy Chief Voelkl because he disclosed
the aforesaid information to a governmental body.
160. As a direct and proximate result of Deputy Chief Voelkl’s protected disclosures,
the Defendants bypassed him for appointment to the position of acting Chief and Chief, demoted
and reassigned him, issued a negative evaluation of his performance contained in the Morabito
report, and engaged in other adverse action affecting his permanent appointment as Deputy Chief
and his compensation.
161. As a direct and proximate result of Defendants’ retaliatory actions, Deputy Chief
Voelkl has suffered and continues to suffer personal injuries and economic damages in an amount
to be determined by a trier of fact. In addition, Deputy Chief Voelkl is entitled to reinstatement
to his Deputy Chief position, and restoration and reinstatement of all losses, including but not
limited to compensation and benefits.
162. In addition, pursuant to New York Civil Service Law § 75-b, Deputy Chief Voelkl
is entitled to the recovery of reasonable attorneys’ fees.
25
FIFTH CAUSE OF ACTION

(Intentional Infliction of Emotional Distress as Against All Defendants)
164. Defendants, individually and jointly, conspired to punish Deputy Chief Voelkl for
revealing Chief Forsythe’s criminal actions and their attempts to cover up the seriousness of his
crash in October 2021. Simply, Defendants conspired and directed that Deputy Chief Voelkl be
made the scapegoat to divert the blame and to intentionally punish him for requesting a
governmental investigation of the incident and the Town’s inaction during a contested election.
Defendants intentionally and willfully engaged in a pattern of conduct against Deputy Chief Voelkl
which is so outrageous in character and so extreme in degree, as to go beyond all bounds of
decency and to be regarded as atrocious and utterly intolerable in a civilized society.
165. Some or all of the Defendants lied about Deputy Chief Voelkl’s conduct. They
then bypassed the internal investigation procedure established in the Town of Greece by appointing
Deputy Chief Helfer as Acting Chief and thereby eliminating Deputy Chief Voelkl’s ability to
conduct an internal investigation. They then selected and directed Morabito to issue a Report
which did not mention their complicity, and which blamed their inaction on others. Upon
information and belief, Reilich used his political power to contract with Bolaños as an incentive
to direct her to investigate and write the report with Morabito in a manner that would further his
political ambitions and to engage in such egregious and unwarranted punishment against Deputy
Chief Voelkl that no other person would ever again dare to expose him, his regime or the
corruption.
166. To increase the outrageousness of the conduct, Defendants also conspired to
deprive Deputy Chief Voelkl of legal protections which otherwise would have protected him from
26
the outrageous conduct, by claiming that he was not being “disciplined” but was just being
temporarily reassigned.
167. This subterfuge, along with the demotion and other punishments, constituted
extreme and outrageous conduct, and the Defendants intended to cause severe emotional distress
to Deputy Chief Voelkl and/or disregarded the substantial possibility of causing it.
168. As a proximate result of these outrageous and extreme acts, including but not
limited to demoting Deputy Chief Voelkl by four civil service ranks and depriving him of his
management position, compensation, etc., and making false and inappropriate statements and
allegations about him intending to ruin his career, Deputy Chief Voelkl suffered and continues to
suffer severe emotional distress.
169. Among the injuries caused by Defendants’ conduct, Deputy Chief Voelkl suffered
anxiety, sleeplessness, and other mental and physical injuries.
170. As a direct and proximate result of the intolerable conditions fostered by
Defendants, Deputy Chief Voelkl has suffered and continues to suffer emotional damages in an
amount to be determined by a trier of fact.
171. The continuous acts and omissions of Defendants directly and proximately resulted
in Deputy Chief Voelkl suffering from mental anguish and severe emotional distress.
172. The distress caused by Defendants was so severe that Deputy Chief Voelkl was
compelled to, did seek and continues to seek medical treatment for his distress.
SIXTH CAUSE OF ACTION

(Intentional Interference with Prospective Economic Advantages—As Against All
Defendants)
27
174. The Defendants, by their actions as described above, intentionally caused Deputy
Chief Voelkl to suffer future economic harm, including the loss of future income, pension, and
other benefits.
175. Defendants intentionally sought to violate the rights of Deputy Chief Voelkl with
full knowledge of the damage their acts would do to Deputy Chief Voelkl's reputation and earning
potential.
176. Defendants intended to damage Deputy Chief Voelkl, and as a proximate result of
the actions of the Defendants, Deputy Chief Voelkl has sustained the damages as set forth above.
WHEREFORE, Deputy Chief Voelkl respectfully requests judgment as follows:
A. Damages in the form of loss of past wages, pensions contributions, lost
wages as a result of being deprived of promotions, future wages, as well as pain and
suffering in an amount not less than $2,000,000.
B. Special damages in an amount according to proof at the time of trial;
C. Punitive or exemplary damages in an amount according to proof at the time
of trial;
D. Statutory civil penalties as allowed in the causes of action set forth above;
E. Costs of suit;
F. Reasonable attorney's fees;
G. Prejudgment and post judgment interest.
H. Declaratory and Injunctive relief, including reinstatement of Deputy Chief
Voelkl to his position as Deputy Chief of Police; and
I. Such other and further relief as the court deems proper.
28
Dated: Rochester, New York

February 3, 2023
Respectfully Submitted,
___/s/Maureen T. Bass___________
ABRAMS FENSTERMAN, LLP
Sharon P. Stiller
Maureen T. Bass
Attorneys for Deputy Chief Voelkl
2280 East Avenue, First Floor
Rochester, New York 14610
Phone: (585) 218-9999
SStiller@abramslaw.com
Mbass@abramslaw.com
/s/ Eugene Welch__________

TULLY RINCKEY, PLLC
Eugene Welch, Esq.
400 Linden Oaks
#110
Rochester, New York 14625
Telephone: (585) 899-1458
Ewelch@tullylegal.com
Attorneys for Deputy Chief Voelkl
29

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Case 6:23-cv-06098-CJS Document 1 Filed 02/03/23 Page 1 of 30

UNITED STATES DISTRICT COURT

Defendants, TOWN OF GREECE, GREECE POLICE DEPARTMENT, WILLIAM D.

REILICH, and MICHELLE MARINI, alleges as follows:

2. Deputy Chief Voelkl asked District Attorney Sandra Doorley to conduct an

including any investigation into his own crash.

4. In retaliation, Deputy Chief Voelkl faced unprecedented and illegal consequences

that ultimately destroyed both his health and career.

Department like a criminal.

be used to discredit and punish Deputy Chief Voelkl.

7. At Defendants’ direction, Deputy Chief Voelkl was demoted an unprecedented four

8. Defendants intentionally and willfully orchestrated the destruction of Deputy Chief

to destroy Deputy Chief Voelkl’s exemplary career.

Jurisdiction and Venue

Chief Voelkl’s claims arise under 42 U.S.C. § 1983.

over all other claims.

occurred in this district.

13. Deputy Chief Voelkl is an individual residing at 39 Evandale Road, Rochester,

New York 14618.

Tofany Blvd., Greece, New York 14612-5030.

Melwood Drive, Rochester, New York 14626.

Deputy Chief Voelkl

Deputy Chief on October 24, 2015.

making up the highest 1% of all senior law enforcement in the world.

Attorney Karlee Bolaños

Greece in certain matters.

Greece Police Command

personifies the individual who should lead our department.”

The Car Crash and Aftermath

fundraiser and was drinking alcohol.

radio and requested that a Sergeant come to his location.

observed evidence that Chief Forsythe’s driving was impaired by alcohol.

call” from the officers with Chief Forsythe.

trustworthy and collectively, experienced in observation and investigation.

no crime to investigate in connection with Chief Forsythe’s crash.

all matters relating to the accident.

politics were improperly influencing the handling of the situation.

Doorley, and requested an independent investigation.

not influence the investigation.

not be suspended during the investigation.

handling of the crash.

46. News10 NBC reported:

The Monroe County District Attorney’s office is investigating the

how it was handled . . . Jim Leary, a Democrat, is running against

in illegal acts or workplace misconduct.’”

investigation, the Defendants suspended Deputy Chief Voelkl.

investigation could be completed, he was treated like a criminal.

and not the Police Chief who pleaded guilty to misdemeanors.

report will hereinafter be referred to as “Morabito Report.”)

of the Police Department, is astonishing.

59. The Morabito Report consists of dozens of pages of findings, recommendations,

60. While the Report mentions whistleblower protections, there is no analysis as to

requesting an independent investigation.

demanded a retraction, part of the report was changed.

second in command for years.

Officer ever crossed Supervisor Reilich’s office.

New York State Civil Service Law.

an investigation of his conduct was ongoing to preserve the integrity of an investigation.

authorize an internal or additional investigation constituted improper and corrupt governmental