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Lt. Simmons is Retiring from New Castle PD

Policeman who sued the town and claimed retaliation over investigation of colleague is stepping down.

New Castle Police Lt. Marc Simmons is retiring, Town Administrator Penny Paderewski announced Monday.

"Marc Simmons has been a valuable member of the New Castle Police Department since his first day of hire," a statement from the town read. "The Town and Police Department are sorry to lose him. We wish him all the best in his future endeavors."

The town also issued the following statement from Simmons: "The Town of New Castle has been a terrific place to work.  The Police Department has a great tradition, a great bunch of officers today, and a great future.  I wish them all the best."

Simmons, who has been with the department for more than 23 years, is stepping down after an unsuccessful legal battle against the town, Police Chief Charles Ferry and then-Supervisor Barbara Gerrard, in which he alleged that he was stripped of assignment as retaliation for a November 2010 investigation of a colleague.

An attempt was made by Patch to reach out to Simmons for comment. However, an officer at the station responded that he had already retired.

Craig Penn, Simmons' attorney from the case, could not be reached for comment.

In , Simmons claimed that he was removed from the posts of patrol commander and head of internal affairs as a result of his internal probe into conduct of Sgt. James Carroll. The sergeant was accused, in November 2010, of being intoxicated on his job and going out on patrol. Simmons was reassigned to the post of special services division commander, which the town argued was a lateral change, and the position that Ferry held before becoming chief. He disagreed with the changes, feeling that they resulted in a diminished role in police work.

In an affidavit filed last August, Simmons blasted the handling of his job status.

"At great personal expense, and at great risk to my twenty three (23) years career with the NCPD, I commenced suit against the Respondents to enlist this Court's help in correcting institutionalized corruption in my own police department, a department that I love," he stated.

The lawsuit by state supreme court Judge Barbara Zambelli, who argued that Simmons did not exercise the proper channels for making a complaint, such as a grievance hearing or arbitration. Simmons had argued during his legal action that going through a grievance process would not have been effective because it would have involved having to go to Ferry and Gerrard under the process. He felt that neither, because of their roles, would be objective.

On April 10, the town board held an executive session to discuss a severance agreement for an unnamed town employee. The state's open meetings law allows for personnel talks to be limited in public disclosure. Paderewski confirmed on Monday that the meeting involved Simmons, with his depature now being public information.

Bob Coulombe April 24, 2012 at 12:04 PM
I have known and in my role as a First Responder in New Castle for 20 years worked closely with Marc many times in some extremely stressful situations. We are losing a terrific cop. He made a mistake perhaps in handling this issue but that does not negate a career of caring and putting his heart and soul into his work. The systems of management are never perfect and this case is another example of how too many rules, bureaucrats, and politicians obfuscate reality. Good luck going forward Marc it was an honor working with you. I knew you always had my back and the back of your Brothers every time you put on that uniform. Bob Coulombe former Captain Chappaqua Volunteer Ambulance Corps

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