Preview
INDEX NO. E2024003968
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
Receipt # 3766624
Book Page CIVIL
Return To: No. Pages: 21
MAUREEN T. BASS
2280 East Avenue Instrument: EXHIBIT(S)
First Floor
Rochester, NY 14610 Control #: 202403040698
Index #: E202400396:
Date: 03/04/2024
Root, Bryan Time: 12:03:48 PM
Town of Greece
Total Fees Paid: $0.00
Employee:
State of New York
MONROE COUNTY CLERK’S OFFICE
WARNING — THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.
JAMIE ROMEO.
MONROE COUNTY CLERK
MMO
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EXHIBIT 1
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SUPREME COURT OF THE STATE OF NEW YORK.
COUNTY OF MONROE
ee
IN THE MATTER OF:
BRYAN J. ROOT,
Claimant,
-against- VERIFIED
NOTICE OF CLAIM
TOWN OF GREECE;
‘WILLIAM D. REILICH,
individually and in his official capacity as
Supervisor of the Town of Greece;
MICHELLE MARINI,
individually and in her official capacity as
Deputy Supervisor of the Town of Greece
GREECE POLICE DEPARTMENT;
MICHAEL R. WOOD,
individually in his official capacity as
Chief of the Greece Police Department;
KARLEE BOLANOS, ESQ.; and
BOLANOS LOWE, PLLC;
Respondents.
ee
TAKE NOTICE that Bryan J. Root, by his undersigned attorney Daniel E. Strollo, Esq.,
as and for his Notice of Claim pursuant to General Municipal Law § 50-e against the above
captioned respondents alleges as follows:
The Parties
1 The Town of Greece is a municipality and a “public employer” within the meaning
of the N.Y.S. Civil. Services Law.
2 Upon information and belief, the roots of Greece Police Department (the “Police
Department”) can be traced back to the first Greece Town Board Meeting which was held April
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2, 1822. The Police Department currently has 100 sworn personnel who patrol and protect 42
square miles of land and serve a population of approximately 100,000 people.
3 The Police Department and the Town of Greece are no strangers to scandal and
allegations of corruption. In 2010, the Police Department was subjected to an extensive
investigation and audit which culminated in the “Report on the Investigation of the Town of Greece
Police Department” (the “Corruption Report”) citing corruption, cover-ups, misconduct and
criminal conduct.
4. Two pages of the Corruption Report were dedicated to the “selection of new chief
of police.” In those pages, the author lauded a process by which a new chief was selected after a
“fair and transparent” screening process ensuring the appointment of a police chief with
experience, integrity and leadership skills. The Town of Greece formed a screening committee,
ran full background investigations and conducted interviews. The Corruption Report noted that
the selection process was “time consuming and demanding of candidates and Town personnel
alike. . comprehensive and fair... and resulted in selection of a talented and exemplary law
enforcement professional who is well qualified to meet the many challenges of the leading the
Department.”
5. The Supervisor of the Town of Greece exercises significant control and oversight
of the Police Department’s operations, dictating, among other things, police personnel discipline.
As established by “Performance Expectations” for the Police Chief, the town requires that Police
Department decisions be made in cooperation and consultation with the Supervisor or the Deputy
Supervisor.
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6 On August 30, 2010, now Sergeant Bryan J. Root (“Sgt. Root”) was hired by the
Police Department. At all relevant times Sgt. Root has resided at 35 Old Country Road, Rochester,
New York 14612.
7
Sgt. Root has received numerous awards throughout his career. Of note, and
particularly relevant to this matter, Sgt. Root has received multiple Monroe County STOP DWI
awards, the Officer of the Month Award, Excellent Police Service Awards, and Chiefs letters of
recognition. Sgt. Root is a veteran of the United States Marine Corps. He rose quickly through
the ranks of the United States Marine Corps and the Greece Police Department.
8 Sgt. Root’s attorney is Daniel E. Strollo, Esq. with offices located at 28 East Main
Street, Suite 1200, Rochester, New York 14614.
9 At all times relevant to this claim, William D. Reilich (“Supervisor”) was the
Supervisor of the Town of Greece. On November 2, 2021, there was a contested election in which
the Supervisor was running as an incumbent. As noted above, the Police Department personnel
served at the direction of the Supervisor.
10. At all times relevant to this claim, Michelle Marini (“Deputy Supervisor”) was the
Deputy Supervisor for the Town of Greece.
11. Upon information and belief, at all times relevant to this claim, attorney Karlee
Bolanos (“Attorney Bolanos”) represented the Supervisor, Deputy Supervisor and the Town of
Greece. Upon information and belief, Attorney Bolanos is employed by and is a member of
Bolanos Lowe PLLC, a Professional Limited Liability Company, and at all times relevant hereto
acted in her capacity as an employee and / or member of Bolanos Lowe PLLC.
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12. In or around December 2020, the Police Department’s Police Chief Patrick Phelan
retired. Per the Corruption Report, the selection process of picking a new chief should have been
extensive and time-consuming.
135 Instead of a hiring and vetting process, at the direction of the Supervisor, on or
about January 1, 2021, the Town of Greece appointed Andrew Forsythe as the Chief of the Police
Department (“Chief Forsythe”). Upon information and belief, Chief Forsythe was selected, in
part, because of his loyalty to and unwavering support of the Supervisor. The Supervisor, in turn,
was quoted as saying that Chief Forsythe is the “model of the selfless service that we believe
personifies the individual who should lead our department.”
14. Chief Forsythe’s loyalty and support were especially significant at that time, as the
Police Department, and particularly then Deputy Chief Casey Voelkl, were involved in an inter-
agency investigation involving well-known and politically connected individual(s). This
irivestigation had the Police Department’s full support and cooperation until the same was
withdrawn by Chief Forsythe.
15. In October 2021, the Police Department had two Deputy Chiefs - Deputy Chief
Voelkl and Jason Helfer. Deputy Chief Helfer was assigned as the Deputy Chief of the
Administrative Bureau, responsible for “internal affairs.” Internal affairs is generally recognized
as a division of a law enforcement agency that investigates possible incidents and suspicions of
law breaking and professional misconduct attributed to officers on a police force — a police force
policing itself. Deputy Chief Helfer was also responsible for fleet vehicle accidents.
CHIEF FORSYTHE’S MOTOR VEHICLE ACCIDENT
16. Upon information and belief, on October 21, 2021, less than 11 months after his
appointment, Chief Forsythe was involved in a fleet vehicle accident.
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17. Upon information and belief, sometime before 1:49 a.m. Deputy Chief Helfer drove
by Chief Forsythe’s crashed vehicle on his personal time but did not call the Police Department.
18. At 1:49 a.m., Chief Forsythe requested the response of an officer over the Police
Department radio.
19, Upon information and belief, two officers responded to the scene. One of those
officers was a Lieutenant, the third highest ranking title of the Police Department and a member
of the Police Department’s command staff.
20. Policy 600.4.1 of Police Department Policies defines an officer’s duties in
responding to an accident. That policy provides that an officer must make a preliminary
determination of whether a crime has been committed by securing an initial statement from any
witnesses and completing a cursory examination of the evidence. The policy provides additional
requirements should there be information that indicates a crime has occurred.
21. Policy 422 of the Police Department’s Policies provides similar obligations for the
Lieutenant who responded to the call, including assuming control of the scene.
22. The two on-duty officers, one of whom had command control of the scene, reported
to then Deputy Chief Voelkl that there was no evidence of a crime. Upon information and belief,
at that time, Deputy Chief Voelkl was at home sleeping. Upon information and belief, Deputy
Chief Voelkl received a “notification call” at approximately 2:30 A.M. advising him of Chief
Forsythe’s accident. Upon information and belief, the responding officers reported that they did
not believe that alcohol was a factor in the accident. Upon information and belief, Deputy Chief
Voelkl believed that the two officers had properly completed their investigation pursuant to the
Police Department policy and had concluded that no crime had occurred — that there was no
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indication of alcohol and a competent Chief Forsythe had swerved to miss a deer and hit a guard
rail.
23. Upon information and belief, nothing in Deputy Chief Voelkl’s experience with
these two officers that led him to believe that they had not performed their duties pursuant to Police
Department policy or that their conclusion that no crime had occurred was not an accurate
assessment.
24, Greece Police Department policy requires that the officers would have to tell
Deputy Chief Voelkl if there were any circumstances prohibiting them from conducting the
investigation. Upon information and belief, no such disclosure was made to Deputy Chief Voelkl.
25. Upon information and belief, the responding officers indicated that they drove
Chief Forsythe home after he refused medical attention, and released him to his wife. Further upon
information and belief, Chief Forsythe’s wife was actually in Florida at the time.
26. Upon information and belief, after receiving the call from the scene, Deputy Chief
Voelkl contacted Deputy Chief Helfer. As the accident involved the Chief of Police, it was
appropriate for Deputy Chief Voelkl to notify the Deputy Chief of Police responsible for internal
affairs and fleet vehicle accidents.
27. Upon information and belief, Deputy Chief Helfer advised Deputy Chief Voelkl
that he had seen the crashed vehicle on the side of the street on his personal time. Upon information
and belief, Deputy Chief Helfer did not call 911 or an on-duty supervisor.
28. Upon information and belief, in the early morning hours at around 4:00 A.M.,
Deputy Cheif Voelkl had the opportunity to view Chief Forsythe’s vehicle and to review the
accident scene.
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29. Upon information and belief, Deputy Chief Voelkl did not speak to or observe
Chief Forsythe until Deputy Chief Voelkl returned to work several hours later. At this time,
Deputy Chief Voelkl was apparently concerned that the Chief Forsythe’s description of the
accident was inconsistent with the evidence he had reviewed at approximately 4:00 A.M.
30. Upon information and belief, at approximately 8:00 A.M. on the morning of the
incident, Chief Forsythe told Deputy Chief Voelkl that he had made the required notifications (a
call and text message to the Deputy Supervisor immediately after the accident). According to
Deputy Chief Voelkl, the Chief’s subordinate, he believed that the Chief’s supervisors — the
Supervisor and Deputy Supervisor — would direct any necessary further action to be taken. This
was consistent with policy dictated by the Supervisor. Deputy Chief Voelkl understood this to be
the chain of command, especially because the Supervisor was insistent that any substantial actions
taken by the Police Department or involving something of public interest were to be coordinated
and directed by the Supervisor (or the Deputy Supervisor or their counsel, Bolanos).
31. During that same day, Deputy Chief Helfer collected the reports of the responding
officers in his capacity as the Deputy Chief responsible for Internal Affairs. As Administrative
Deputy Chief, he was also responsible for the “review of fleet vehicle accidents.” Despite his
personal knowledge of the circumstances of the accident, Deputy Chief Helfer did not request
different or additional reports. Upon information and belief, he did not request any further
investigation or an interview with Chief Forsythe.
32. In the time following the accident, Deputy Chief Voelkl waited for additional
instructions from the Supervisor or Deputy Chief Helfer. Deputy Chief Voelkl indicates that he
understood that Deputy Chief Helfer was in communication with the Town Attorney and the
Supervisor’s office regarding the accident.
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33. Upon information and belief, in the hours following the accident, Deputy Chief
Voelkl was in regular communication with Deputy Chief Helfer. Deputy Chief Voelkl became
increasingly concerned about Chief Forsythe’s conduct after the incident, including his efforts to
secure information about officers who had access to the impound lot, where the Chief’s damaged
fleet vehicle was being held.
34. On or about October 22, 2021, Sgt. Root reported for his shift at the Police
Department at approximately 8:00 A.M., having learned about the Chief’s accident the previous
afternoon. Sgt. Root reviewed records associated with 911 calls for service spanning the early
morning hours of October 21, 2021, i.e. the time of the Chief’s accident. Sgt. Root located multiple
records of significance. In particular, one caller reported a dark color SUV with missing wheels
and a man standing outside the vehicle in the area of Mill Road and North Avenue. Sgt. Root then
reviewed the online reporting system that maintains records of motor vehicle accidents, and
located the record of the Chief’s fleet motor vehicle accident. In any other circumstance, based
upon his training and experience, Sgt. Root knew that a normal motor vehicle accident report like
that of the Chiefs would state whether the motorist was investigated for signs of intoxication or
impairment. The report of the Chief’s accident contained no such indication. Sgt. Root found this
to be suspicious.
35. Sgt. Root’s subordinate then approached him and stated that he observed the
Chief’s wrecked vehicle in the impound lot. Sgt. Root told his subordinate that he would himself
go and observe the vehicle. Sgt. Root then drove to the impound lot and viewed the Chief's
wrecked vehicle. Sgt. Root then took four photos of the vehicle.
36. Sgt. Root then drove to Mill Road, the location of the aforementioned 911 call. Sgt.
Root observed heavy grooving in the roadway of Mill Road consistent with a vehicle having been
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driven without tires or wheels. Sgt. Root followed the grooving down Mill Road to North Avenue,
to English road, and to North Greece Road, observing grooving all throughout me roadway that
crossed over into the middle lane markings on multiple occasions. The roadway damage ended on
North Greece Road.
37. As Sgt. Root continued driving, he observed a retired Greece Police Officer who
was @ Personal friend and mentor in that retired Officer’s driveway. Sgt. Root stopped at his house,
as was a common practice. Sgt. Root engaged the retired officer in conversation and stated to the
retired officer that he believed the Greece Police Department command was possibly orchestrating
a covering up based upon the suspicious observations he had made that day.
38. Later that day, the Police Department issued a statement to the effect that Chief
Forsythe was involved in a minor accident and there were no signs of alcohol involvement. This
statement severely mischaracterized the magnitude of the accident, confirming Sgt. Root’s
previous suspicion that the Police Department and Town of Greece officials were attempting to
orchestrate a coverup.
39. Set. Root’s mentor, the retired officer, then contacted Sgt. Root and indicated that
the local media was reporting the Chief’s accident in a manner consistent with the Police
Department’s misleading narrative. Sgt. Root provided the retired officer with a photo of the
Chief’s vehicle to illustrate to his mentor that the suspected coverup was actually occurring in real
time. Sgt. Root felt that he needed advice from his mentor, and that this photo put his concerns in
context. Sgt. Root was uncomfortable discussing his concerns and observations with his direct
superior because of that superior’s close personal relationship with the Chief. Sgt. Root was
untrustworthy of the then in place whistleblower policy, which required whistleblowers to report
directly to the Supervisor or Deputy Supervisor. Stated simply, Sgt. Root feared retaliation or
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further coverup by the Supervisor and Deputy Supervisor given their political interests, and
extraordinarily close relationship with a Chief who they appointed without following proper
procedures.
40. At no point did Sgt. Root provide any photograph of the Chief’s vehicle to any
member of the news media, nor did he ever speak to any member of the news media about his
observations. At some point the local media obtained and published a photograph that is similar
if not the same as the photograph Sgt. Root had provided to his mentor retired officer.
41. Upon information and belief, on Saturday October 2, 2021, Deputy Chief Voelkl
contacted the Monroe County District Attorney, who agreed to commence an independent
investigation.
42. Upon information and belief, after his call with the Monroe County District
Attorney, Deputy Chief Voelkl called the Deputy Supervisor. Upon information and belief,
Deputy Chief Voelkl told the Deputy Supervisor that the Monroe County District Attorney had
received calls about the accident and would be announcing to the press that she was commencing
an independent investigation. Upon information and belief, Deputy Chief Voelkl also advised the
Deputy Supervisor that he believed that, to protect the integrity of the investigation, Chief Forsythe
should be placed on suspension.
43. Upon information and belief, in response, the Deputy Supervisor told Deputy Chief
Voelkl that Chief Forsythe would not be suspended. Upon information and belief, the Deputy
Supervisor directed Deputy Chief Voelkl to call the Monroe County District Attorney back and
tell her that her press release should state that it was the Town of Greece who requested the
investigation, which was untrue.
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44. The District Attorney’s investigation was followed closely by the news media,
inextricably tying it to the Supervisor’s re-election. For example, News10 NBC reported:
Greece’s police chief is off the job over the crash of his police vehicle, and now this
could become a political issue. Greece's Town Supervisor, Bill Reilich, says Police
Chief Andrew Forsythe was placed on administrative leave Saturday over the crash of
his official vehicle early Thursday morning. The Monroe County District Attorney's
office is investigating the incident, and now the supervisor’s political contender is
questioning 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.”
45. The extent of the Supervisor’s relationship with Chief Forsythe whom he had
appointed without following proper procedure was extenuated in the press, and bad publicity
surrounding the days leading up to the election continued with reporting by Spectrum News:
He told me, “I’m sorry boss. I’m sorry. You gave me a tremendous opportunity,”
Relich said when asked if Forsythe apologized.
46. The District Attorney’s office conducted an investigation and determined that Chief
Forsythe had been drinking prior to his accident. He subsequently resigned.
RETALIATION
47. Had Sgt. Root not followed his sworn duty to serve and protect, had he not followed
his Oath of Office, had he not trusted his instincts, the attempted coverup may well have succeeded.
Sgt. Root was almost immediately subjected to severe retaliation.
48. Multiple members of the Police Department approached Sgt. Root in the days that
followed the publication of the photograph depicting the Chief’s vehicle. Some suggested that
Sgt. Root was a “rat” for going to the media. Many others commended Sgt. Root for doing the
right thing by going to the media. Once again, Sgt. Root never spoke with or shared photos with
the media. Through his chain of command, Sgt. Root requested to meet with Acting Deputy Chief
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Parina, and did so on November 11, 2021. When asked by Acting Deputy Chief Parina if he had
taken photos of the Chief’s vehicle, Sgt. Root stated “yes” without hesitation. When asked why,
Sgt. Root explained that he believed the Police Department was attempting a coverup. Sgt. Root
stated that he shared a photo with his mentor the retired officer, and nobody else.
49. On November 30, 2021, Sgt. Root was notified that he was a target of an
investigation.
50. On December 1, 2021, Sgt. Root was served with an Notice of an Internal Affairs
Investigation. Sgt. Root submitted to the resulting interview on December 8, 2021.
51. On December 16, 2021, Sgt. Root was informed that the town attorney had
recommended that he be suspended for 30 days. Sgt. Root was told that Bolanos stated that his
actions “were egregious in bringing great embarrassment to the town and police department.” Sgt.
Root was given 24 hours to accept the 30 day suspension or face departmental charges that could
result in termination of his employment.
52. Sgt. Root did not sleep the night of December 16 into December 17, 2021. He
called into work sick for the first portion of his shift, having not called in sick for years. Later that
day, Sgt. Root was receiving the most severe discipline of all involved in the events that followed
the Chief’s crash. He learned that his suspension would be three times longer than the
commanding officer at the scene of the accident, and that the officer who first encountered the
Chief was receiving a letter of reprimand.
53. When he eventually reported to work on December 17, 2021, Sgt. Root was
directed to Lt. Christopher Bittner’s office, and met with Lt. Bittner. Lt. Bittner put Attorney
Bolanos on speakerphone. Attorney Bolanos, with the clear purpose of intimidating Sgt. Root into
accepting the proposed (unlawful) 30-day suspension, stated to Sgt. Root that his actions were
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“egregious” and that “in fact, you violated public election laws and could be or could’ve been
arrested.” Attorney Bolanos’s statement is a flagrant violation of Rule 3.4(e) of the New York
Rules of Professional Conduct.
54. Attorney Bolanos went on to state “Bryan, I’m just an attorney, but I think you
should just take the 30 days and look inward, don’t worry about the town or the police department
and work on yourself.” She went on to state to Sgt. Root that if he did not accept the proposed
punishment, the Town of Greece would serve formal departmental charges the next week, and that
he could be arrested for “meddling with public election laws.”
55. Feeling as though he had no other options, in fear of being terminated, and in grave
fear of being arrested as Attorney Bolanos had suggested, Sgt. Root regrettably accepted the
suspension. Sgt. Root’s suspension actually spanned 47 calendar days to encompass the 30 work
days.
56. On or about January 14, 2022, Sgt. Root reported to now Officer Voelkl that
Attorney Bolanos had threatened him with criminal charges.
57. On February 2, 2022, Sgt. Root returned to work at the Police Department. His
computer access was still denied and restricted, publicly embarrassing the Sergeant in a room full
of his subordinate officers.
58. On February 7, 2022, Sgt. Root was directed to meet with the new Chief of Police,
Michael R. Wood. Chief Wood issued Sgt. Root a formal written suspension.
59. The punishment, retaliation and adverse actions against Sgt. Root were immediate
and harsh.
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60. Upon information and belief, the Supervisor, Deputy Supervisor and Attorney
Bolanos conspired and collaborated to determine the best way to retaliate against Sgt. Root for
foiling their coverup.
61. Upon information and belief, the devised plan included, but was not limited to: (1)
having the Police Department hire an investigator selected by a group of individuals with the
agenda of payback, even though no such investigator could ever be “independent” as the Police
Department served at the direction of the Supervisor, (2) having Attorney Bolanos “ghost write”
the results of the investigation as reflected by the legal conclusions in the report that would be far
outside the scope of the investigation, and (3) using that trumped up “investigation” to destroy Sgt.
Root’s career, and make sure that no employee of the Police Department or the Town of Greece
would ever become a whistleblower.
62. The plan put into place by this group of politicians and their accomplices to punish
Sgt. Root for exposing the truth borders on extortion — particularly Attorney Bolanos’s threat that
he could be arrested for violating Election Law.
63. On or about November 8, 2021, the Supervisor appointed Joseph Morabito as a
special investigator. Upon information and belief, Mr. Morabito, at the time, was recovering from
knee surgery and unable to immediately start his investigation.
64. On that same day, before Mr. Morabito started an investigation, Deputy Chief
Voelkl, at the direction of the Supervisor and/or Attorney Bolanos, was placed on “immediate
suspension.”
65. The severe and retaliatory discipline imposed forced upon Sgt. Root is
unconscionable, and sent an unambiguous message to the members of the Greece Police
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Department that they would face crushing consequences if they ever engaged in whistleblowing
activity.
66. This was never going to be a legitimate “investigation” into the Police
Department’s response, but rather, political theater orchestrated to name a scapegoat and punish
Sgt. Root.
67. Within 41 days of his appointment, during which he was recovering from knee
surgery and before his summary of investigation was finished, Mr. Morabito had purportedly
drafted a letter to Deputy Chief Voelkl, which contained 21 single-spaced pages labeled
“Disciplinary Charges Pursuant to Section 155 of the New York State Town Law and the Town
of Greece Resolution Number 408 of 2013.” Upon information and belief, similar documents were
never sent to any other officers of the Police Department. Notably, every page of these documents
included in the alleged letter from Mr. Morabito, contains a document id number in the left-hand
corner often used by law firms, which reflects a version 2.
68. Upon information and belief, the report was authored or co-authored by Attorney
Bolanos at the behest of the group of politicians led by the Supervisor.
69. On December 21, 2021, only 42 days after his appointment and after the
“Disciplinary Charges” referenced above were dated, Mr. Morabito issued his Summary of
Investigation to the Supervisor.
70. The report is astonishing in many aspects. First, the sheer speed in which Mr.
Morabito, while recovering from surgery, was able to conduct an investigation into this matter
involving no less than 10 members of the Police Department, including the drafting of dozens of
pages of findings, recommendations and actual disciplinary charges gives rise to questions about
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who actually authored the report and how much opportunity there was to conduct a complete
investigation.
71. Second, there is no mention of the Supervisor’s decision to not immediately request
an outside investigation, even though he is admittedly the “boss” of the Police Department.
72. Third, while there is mention of whistleblower protections, there is no analysis as
to whether Sgt. Root or Deputy Chief Voelkl were subjected to retaliation.
73. The investigation contained inaccuracies ~ one of which has already been publicly
corrected after a third party demanded a retraction.
7A. The Morabito Report was concocted to retaliate against Sgt. Root for setting a
sequence of events into motion that resulted in the town officials’ coverup failing.
75. The Town of Greece, through the parties identified above, purported to engage in
adverse personnel action against Sgt. Root by suspending him. This personnel action consisted of
actions affecting compensation, appointment, promotion, transfer, assignment, reassignment and
evaluation of performance. It also affects his ability to ever find comparable employment. It has
effectively ruined his career. Further, the Town of Greece and the individuals defamed Sgt. Root
tarnishing his previously unassailable reputation.
76. This Notice of Claim is filed because the actions of the Town of Greece constitute
retaliation against Sgt. Root for being a whistleblower, and are prohibited by, among other laws,
Section 75-b of the New York State Civil Service Law, and Section 740 of the Labor Law.
77. Sgt. Root’s suspension violates Town of Greece policy, Town Law § 155, and / or
the collective bargaining agreement between the Town of Greece and the union of which Sgt. Root
is a member.
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BB. Sgt. Root is the whistleblower who reported the misconduct of Attorney Bolanos.
Sgt. Root is the whistleblower who foiled the Police Department and the Supervisor / Deputy
Supervisor’s coverup.
79. Sgt. Root reasonably 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 governmental action.
80. Following Sgt. Root’s whistleblowing actions, then-Chief Forsythe resigned his
position, and pleaded guilty to several crimes. In doing so, he apologized to the Greece Police
Department, among others.
81. This is a claim for money damages arising from the Town of Greece’s retaliatory
acts against Sgt. Root, in violation of the New York State Civil Service law as well as in violation
of Sgt. Root’s constitutional rights, and his right as a citizen to bring to the attention of
governmental bodies corruption within the Town of Greece. It is also a claim in connection with
the false reports made against Sgt. Root which give rise to slander and defamation causes of
actions.
82. Sgt. Root was concerned about the Town of Greece’s failure to investigate possible
corruption, which occurred immediately before a contested election for Town of Greece, Town
Supervisor.
83. Sgt. Root was concerned about the Town of Greece’s attorney, Attorney Bolanos
threatening him with criminal prosecution, which coerced his acceptance of illegal discipline.
84. Sgt. Root has become the scapegoat for the inaction of the Town of Greece, when
in reality, the opposite is true. He was the one who clamored for honesty and appropriate action
by the Greece Police Department and Town of Greece, and, indeed, brought the Town of Greece’s
FLEEY?HONROE
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024
failure to act, and Attorney Bolanos’s misconduct, to the attention of the authorities at great risk
to himself and great risk of retaliation.
DAMAGES & RELIEF SOUGHT
85. As a direct and proximate result of the continuous actions and omissions of the
Town of Greece, Sgt. Root suffered pecuniary and emotional injuries and injuries to his stellar
reputation.
86. As a direct and proximate result of the continuous actions and omissions of the
Town of Greece, Sgt. Root suffered retaliation, and other adverse personnel action prohibited by
law, as well as other physical, mental and emotional ailments.
87. As a proximate and direct result of the Town of Greece’s conduct toward him, Sgt.
Root has been anxious, nervous, scared, and unable to sleep. His wages and benefits have been
substantially reduced and his opportunity for promotion decreased, all of which also has an impact
on his pension in the event he retires.
88. Based on the foregoing, Sgt. Root demands relief for damages for his loss of past
wages, pension contributions, lost benefits, lost wages as a result of being eereved of promotions,
future wages, as well as pain and suffering, along with interest, costs, and reasonable attorneys’
fees.
Z
Dated: Rochester, New York _—
March 17, 2022
a G7
\ DANIEL EVAN STROLLO, ESQ.
Attorney for the Claimant
28 East Main Street, Suite 1200
Rochester, New York 14614
TEL: 585-458-2800 x332
FAX: 585-730-6235
dan@strollo.com
INDEExN®
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FLEEY?HONROE
COUNTY CLERK 03/01/2024 11:47 PM
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024
VERIFICATION
STATE OF NEW YORK )
COUNTY OF MONROE ) SS:
BRYAN ROOT, being duly sworn, deposes and says that deponent has read the foregoing
Notice of Claim and knows the contents therein; that the same is true to deponent’s own
knowledge, except as to the matters therein stated to be alleged on information and belief, and that
as to those matters the deponent believes the contents to be true.
BRYA] OT
Ae
Sworn to before me this
17th day of March, 2022.
JEAN
E. NOTHNAGLE
Notary Public, Sta
Preview
INDEX NO. E2024003968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT. Receipt # 3766624 Book Page CIVIL Return To: No. Pages: 21 MAUREEN T. BASS 2280 East Avenue Instrument: EXHIBIT(S) First Floor Rochester, NY 14610 Control #: 202403040698 Index #: E202400396: Date: 03/04/2024 Root, Bryan Time: 12:03:48 PM Town of Greece Total Fees Paid: $0.00 Employee: State of New York MONROE COUNTY CLERK’S OFFICE WARNING — THIS SHEET CONSTITUTES THE CLERKS ENDORSEMENT, REQUIRED BY SECTION 317-a(5) & SECTION 319 OF THE REAL PROPERTY LAW OF THE STATE OF NEW YORK. DO NOT DETACH OR REMOVE. JAMIE ROMEO. MONROE COUNTY CLERK MMO eD C6MONRO OUN PK 7q DM INDE&& HOE 262023968 968 NYSCEF BOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 EXHIBIT 1 FLECD?°MONROE COUNTY CLERK 03/01/2024 11:47 PM INDiEXxN6 E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF MONROE ee IN THE MATTER OF: BRYAN J. ROOT, Claimant, -against- VERIFIED NOTICE OF CLAIM TOWN OF GREECE; ‘WILLIAM D. REILICH, individually and in his official capacity as Supervisor of the Town of Greece; MICHELLE MARINI, individually and in her official capacity as Deputy Supervisor of the Town of Greece GREECE POLICE DEPARTMENT; MICHAEL R. WOOD, individually in his official capacity as Chief of the Greece Police Department; KARLEE BOLANOS, ESQ.; and BOLANOS LOWE, PLLC; Respondents. ee TAKE NOTICE that Bryan J. Root, by his undersigned attorney Daniel E. Strollo, Esq., as and for his Notice of Claim pursuant to General Municipal Law § 50-e against the above captioned respondents alleges as follows: The Parties 1 The Town of Greece is a municipality and a “public employer” within the meaning of the N.Y.S. Civil. Services Law. 2 Upon information and belief, the roots of Greece Police Department (the “Police Department”) can be traced back to the first Greece Town Board Meeting which was held April FLEEY?HONROE COUNTY CLERK 03/01/2024 11:47 PM INDiEXxN® E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 2, 1822. The Police Department currently has 100 sworn personnel who patrol and protect 42 square miles of land and serve a population of approximately 100,000 people. 3 The Police Department and the Town of Greece are no strangers to scandal and allegations of corruption. In 2010, the Police Department was subjected to an extensive investigation and audit which culminated in the “Report on the Investigation of the Town of Greece Police Department” (the “Corruption Report”) citing corruption, cover-ups, misconduct and criminal conduct. 4. Two pages of the Corruption Report were dedicated to the “selection of new chief of police.” In those pages, the author lauded a process by which a new chief was selected after a “fair and transparent” screening process ensuring the appointment of a police chief with experience, integrity and leadership skills. The Town of Greece formed a screening committee, ran full background investigations and conducted interviews. The Corruption Report noted that the selection process was “time consuming and demanding of candidates and Town personnel alike. . comprehensive and fair... and resulted in selection of a talented and exemplary law enforcement professional who is well qualified to meet the many challenges of the leading the Department.” 5. The Supervisor of the Town of Greece exercises significant control and oversight of the Police Department’s operations, dictating, among other things, police personnel discipline. As established by “Performance Expectations” for the Police Chief, the town requires that Police Department decisions be made in cooperation and consultation with the Supervisor or the Deputy Supervisor. INDBHEXN® E 2624003008 968 FLEEY?HONROE COUNTY CLERK 03/01/2024 11:47 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 6 On August 30, 2010, now Sergeant Bryan J. Root (“Sgt. Root”) was hired by the Police Department. At all relevant times Sgt. Root has resided at 35 Old Country Road, Rochester, New York 14612. 7 Sgt. Root has received numerous awards throughout his career. Of note, and particularly relevant to this matter, Sgt. Root has received multiple Monroe County STOP DWI awards, the Officer of the Month Award, Excellent Police Service Awards, and Chiefs letters of recognition. Sgt. Root is a veteran of the United States Marine Corps. He rose quickly through the ranks of the United States Marine Corps and the Greece Police Department. 8 Sgt. Root’s attorney is Daniel E. Strollo, Esq. with offices located at 28 East Main Street, Suite 1200, Rochester, New York 14614. 9 At all times relevant to this claim, William D. Reilich (“Supervisor”) was the Supervisor of the Town of Greece. On November 2, 2021, there was a contested election in which the Supervisor was running as an incumbent. As noted above, the Police Department personnel served at the direction of the Supervisor. 10. At all times relevant to this claim, Michelle Marini (“Deputy Supervisor”) was the Deputy Supervisor for the Town of Greece. 11. Upon information and belief, at all times relevant to this claim, attorney Karlee Bolanos (“Attorney Bolanos”) represented the Supervisor, Deputy Supervisor and the Town of Greece. Upon information and belief, Attorney Bolanos is employed by and is a member of Bolanos Lowe PLLC, a Professional Limited Liability Company, and at all times relevant hereto acted in her capacity as an employee and / or member of Bolanos Lowe PLLC. (FREED ?°OHONROE COUNTY CLERK 03/01/2024 11:47 PM INDiEXxN6 E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 12. In or around December 2020, the Police Department’s Police Chief Patrick Phelan retired. Per the Corruption Report, the selection process of picking a new chief should have been extensive and time-consuming. 135 Instead of a hiring and vetting process, at the direction of the Supervisor, on or about January 1, 2021, the Town of Greece appointed Andrew Forsythe as the Chief of the Police Department (“Chief Forsythe”). Upon information and belief, Chief Forsythe was selected, in part, because of his loyalty to and unwavering support of the Supervisor. The Supervisor, in turn, was quoted as saying that Chief Forsythe is the “model of the selfless service that we believe personifies the individual who should lead our department.” 14. Chief Forsythe’s loyalty and support were especially significant at that time, as the Police Department, and particularly then Deputy Chief Casey Voelkl, were involved in an inter- agency investigation involving well-known and politically connected individual(s). This irivestigation had the Police Department’s full support and cooperation until the same was withdrawn by Chief Forsythe. 15. In October 2021, the Police Department had two Deputy Chiefs - Deputy Chief Voelkl and Jason Helfer. Deputy Chief Helfer was assigned as the Deputy Chief of the Administrative Bureau, responsible for “internal affairs.” Internal affairs is generally recognized as a division of a law enforcement agency that investigates possible incidents and suspicions of law breaking and professional misconduct attributed to officers on a police force — a police force policing itself. Deputy Chief Helfer was also responsible for fleet vehicle accidents. CHIEF FORSYTHE’S MOTOR VEHICLE ACCIDENT 16. Upon information and belief, on October 21, 2021, less than 11 months after his appointment, Chief Forsythe was involved in a fleet vehicle accident. FLEEY?HONROE COUNTY CLERK 0370172024 11:47 PM INDiEXxN® E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 17. Upon information and belief, sometime before 1:49 a.m. Deputy Chief Helfer drove by Chief Forsythe’s crashed vehicle on his personal time but did not call the Police Department. 18. At 1:49 a.m., Chief Forsythe requested the response of an officer over the Police Department radio. 19, Upon information and belief, two officers responded to the scene. One of those officers was a Lieutenant, the third highest ranking title of the Police Department and a member of the Police Department’s command staff. 20. Policy 600.4.1 of Police Department Policies defines an officer’s duties in responding to an accident. That policy provides that an officer must make a preliminary determination of whether a crime has been committed by securing an initial statement from any witnesses and completing a cursory examination of the evidence. The policy provides additional requirements should there be information that indicates a crime has occurred. 21. Policy 422 of the Police Department’s Policies provides similar obligations for the Lieutenant who responded to the call, including assuming control of the scene. 22. The two on-duty officers, one of whom had command control of the scene, reported to then Deputy Chief Voelkl that there was no evidence of a crime. Upon information and belief, at that time, Deputy Chief Voelkl was at home sleeping. Upon information and belief, Deputy Chief Voelkl received a “notification call” at approximately 2:30 A.M. advising him of Chief Forsythe’s accident. Upon information and belief, the responding officers reported that they did not believe that alcohol was a factor in the accident. Upon information and belief, Deputy Chief Voelkl believed that the two officers had properly completed their investigation pursuant to the Police Department policy and had concluded that no crime had occurred — that there was no FLEEY?HONROE COUNTY CLERK 0370172024 11:47 PM INDiEXxN6 E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 indication of alcohol and a competent Chief Forsythe had swerved to miss a deer and hit a guard rail. 23. Upon information and belief, nothing in Deputy Chief Voelkl’s experience with these two officers that led him to believe that they had not performed their duties pursuant to Police Department policy or that their conclusion that no crime had occurred was not an accurate assessment. 24, Greece Police Department policy requires that the officers would have to tell Deputy Chief Voelkl if there were any circumstances prohibiting them from conducting the investigation. Upon information and belief, no such disclosure was made to Deputy Chief Voelkl. 25. Upon information and belief, the responding officers indicated that they drove Chief Forsythe home after he refused medical attention, and released him to his wife. Further upon information and belief, Chief Forsythe’s wife was actually in Florida at the time. 26. Upon information and belief, after receiving the call from the scene, Deputy Chief Voelkl contacted Deputy Chief Helfer. As the accident involved the Chief of Police, it was appropriate for Deputy Chief Voelkl to notify the Deputy Chief of Police responsible for internal affairs and fleet vehicle accidents. 27. Upon information and belief, Deputy Chief Helfer advised Deputy Chief Voelkl that he had seen the crashed vehicle on the side of the street on his personal time. Upon information and belief, Deputy Chief Helfer did not call 911 or an on-duty supervisor. 28. Upon information and belief, in the early morning hours at around 4:00 A.M., Deputy Cheif Voelkl had the opportunity to view Chief Forsythe’s vehicle and to review the accident scene. FLEEY?HONROE COUNTY CLERK 0370172024 11:47 PM INDIEXN® E 2624003008 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 29. Upon information and belief, Deputy Chief Voelkl did not speak to or observe Chief Forsythe until Deputy Chief Voelkl returned to work several hours later. At this time, Deputy Chief Voelkl was apparently concerned that the Chief Forsythe’s description of the accident was inconsistent with the evidence he had reviewed at approximately 4:00 A.M. 30. Upon information and belief, at approximately 8:00 A.M. on the morning of the incident, Chief Forsythe told Deputy Chief Voelkl that he had made the required notifications (a call and text message to the Deputy Supervisor immediately after the accident). According to Deputy Chief Voelkl, the Chief’s subordinate, he believed that the Chief’s supervisors — the Supervisor and Deputy Supervisor — would direct any necessary further action to be taken. This was consistent with policy dictated by the Supervisor. Deputy Chief Voelkl understood this to be the chain of command, especially because the Supervisor was insistent that any substantial actions taken by the Police Department or involving something of public interest were to be coordinated and directed by the Supervisor (or the Deputy Supervisor or their counsel, Bolanos). 31. During that same day, Deputy Chief Helfer collected the reports of the responding officers in his capacity as the Deputy Chief responsible for Internal Affairs. As Administrative Deputy Chief, he was also responsible for the “review of fleet vehicle accidents.” Despite his personal knowledge of the circumstances of the accident, Deputy Chief Helfer did not request different or additional reports. Upon information and belief, he did not request any further investigation or an interview with Chief Forsythe. 32. In the time following the accident, Deputy Chief Voelkl waited for additional instructions from the Supervisor or Deputy Chief Helfer. Deputy Chief Voelkl indicates that he understood that Deputy Chief Helfer was in communication with the Town Attorney and the Supervisor’s office regarding the accident. FLELY?HONROE COUNTY CLERK 03/01/2024 11:47 PM INDiEXxN® E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 33. Upon information and belief, in the hours following the accident, Deputy Chief Voelkl was in regular communication with Deputy Chief Helfer. Deputy Chief Voelkl became increasingly concerned about Chief Forsythe’s conduct after the incident, including his efforts to secure information about officers who had access to the impound lot, where the Chief’s damaged fleet vehicle was being held. 34. On or about October 22, 2021, Sgt. Root reported for his shift at the Police Department at approximately 8:00 A.M., having learned about the Chief’s accident the previous afternoon. Sgt. Root reviewed records associated with 911 calls for service spanning the early morning hours of October 21, 2021, i.e. the time of the Chief’s accident. Sgt. Root located multiple records of significance. In particular, one caller reported a dark color SUV with missing wheels and a man standing outside the vehicle in the area of Mill Road and North Avenue. Sgt. Root then reviewed the online reporting system that maintains records of motor vehicle accidents, and located the record of the Chief’s fleet motor vehicle accident. In any other circumstance, based upon his training and experience, Sgt. Root knew that a normal motor vehicle accident report like that of the Chiefs would state whether the motorist was investigated for signs of intoxication or impairment. The report of the Chief’s accident contained no such indication. Sgt. Root found this to be suspicious. 35. Sgt. Root’s subordinate then approached him and stated that he observed the Chief’s wrecked vehicle in the impound lot. Sgt. Root told his subordinate that he would himself go and observe the vehicle. Sgt. Root then drove to the impound lot and viewed the Chief's wrecked vehicle. Sgt. Root then took four photos of the vehicle. 36. Sgt. Root then drove to Mill Road, the location of the aforementioned 911 call. Sgt. Root observed heavy grooving in the roadway of Mill Road consistent with a vehicle having been FLEEY?HONROE COUNTY CLERK 0370172024 11:47 PM INDiEXxN® E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 driven without tires or wheels. Sgt. Root followed the grooving down Mill Road to North Avenue, to English road, and to North Greece Road, observing grooving all throughout me roadway that crossed over into the middle lane markings on multiple occasions. The roadway damage ended on North Greece Road. 37. As Sgt. Root continued driving, he observed a retired Greece Police Officer who was @ Personal friend and mentor in that retired Officer’s driveway. Sgt. Root stopped at his house, as was a common practice. Sgt. Root engaged the retired officer in conversation and stated to the retired officer that he believed the Greece Police Department command was possibly orchestrating a covering up based upon the suspicious observations he had made that day. 38. Later that day, the Police Department issued a statement to the effect that Chief Forsythe was involved in a minor accident and there were no signs of alcohol involvement. This statement severely mischaracterized the magnitude of the accident, confirming Sgt. Root’s previous suspicion that the Police Department and Town of Greece officials were attempting to orchestrate a coverup. 39. Set. Root’s mentor, the retired officer, then contacted Sgt. Root and indicated that the local media was reporting the Chief’s accident in a manner consistent with the Police Department’s misleading narrative. Sgt. Root provided the retired officer with a photo of the Chief’s vehicle to illustrate to his mentor that the suspected coverup was actually occurring in real time. Sgt. Root felt that he needed advice from his mentor, and that this photo put his concerns in context. Sgt. Root was uncomfortable discussing his concerns and observations with his direct superior because of that superior’s close personal relationship with the Chief. Sgt. Root was untrustworthy of the then in place whistleblower policy, which required whistleblowers to report directly to the Supervisor or Deputy Supervisor. Stated simply, Sgt. Root feared retaliation or FLEEY?HONROE COUNTY CLERK 03/01/2024 11:47 PM INDIEXN® E 2624003008 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 further coverup by the Supervisor and Deputy Supervisor given their political interests, and extraordinarily close relationship with a Chief who they appointed without following proper procedures. 40. At no point did Sgt. Root provide any photograph of the Chief’s vehicle to any member of the news media, nor did he ever speak to any member of the news media about his observations. At some point the local media obtained and published a photograph that is similar if not the same as the photograph Sgt. Root had provided to his mentor retired officer. 41. Upon information and belief, on Saturday October 2, 2021, Deputy Chief Voelkl contacted the Monroe County District Attorney, who agreed to commence an independent investigation. 42. Upon information and belief, after his call with the Monroe County District Attorney, Deputy Chief Voelkl called the Deputy Supervisor. Upon information and belief, Deputy Chief Voelkl told the Deputy Supervisor that the Monroe County District Attorney had received calls about the accident and would be announcing to the press that she was commencing an independent investigation. Upon information and belief, Deputy Chief Voelkl also advised the Deputy Supervisor that he believed that, to protect the integrity of the investigation, Chief Forsythe should be placed on suspension. 43. Upon information and belief, in response, the Deputy Supervisor told Deputy Chief Voelkl that Chief Forsythe would not be suspended. Upon information and belief, the Deputy Supervisor directed Deputy Chief Voelkl to call the Monroe County District Attorney back and tell her that her press release should state that it was the Town of Greece who requested the investigation, which was untrue. FLEEY?HONROE COUNTY CLERK 03/01/2024 11:47 PM INDBHEXN® E 2624003008 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 44. The District Attorney’s investigation was followed closely by the news media, inextricably tying it to the Supervisor’s re-election. For example, News10 NBC reported: Greece’s police chief is off the job over the crash of his police vehicle, and now this could become a political issue. Greece's Town Supervisor, Bill Reilich, says Police Chief Andrew Forsythe was placed on administrative leave Saturday over the crash of his official vehicle early Thursday morning. The Monroe County District Attorney's office is investigating the incident, and now the supervisor’s political contender is questioning 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.” 45. The extent of the Supervisor’s relationship with Chief Forsythe whom he had appointed without following proper procedure was extenuated in the press, and bad publicity surrounding the days leading up to the election continued with reporting by Spectrum News: He told me, “I’m sorry boss. I’m sorry. You gave me a tremendous opportunity,” Relich said when asked if Forsythe apologized. 46. The District Attorney’s office conducted an investigation and determined that Chief Forsythe had been drinking prior to his accident. He subsequently resigned. RETALIATION 47. Had Sgt. Root not followed his sworn duty to serve and protect, had he not followed his Oath of Office, had he not trusted his instincts, the attempted coverup may well have succeeded. Sgt. Root was almost immediately subjected to severe retaliation. 48. Multiple members of the Police Department approached Sgt. Root in the days that followed the publication of the photograph depicting the Chief’s vehicle. Some suggested that Sgt. Root was a “rat” for going to the media. Many others commended Sgt. Root for doing the right thing by going to the media. Once again, Sgt. Root never spoke with or shared photos with the media. Through his chain of command, Sgt. Root requested to meet with Acting Deputy Chief FLEEY?HONROE COUNTY CLERK 0370172024 11:47 PM INDEExN® E 2824003008 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 Parina, and did so on November 11, 2021. When asked by Acting Deputy Chief Parina if he had taken photos of the Chief’s vehicle, Sgt. Root stated “yes” without hesitation. When asked why, Sgt. Root explained that he believed the Police Department was attempting a coverup. Sgt. Root stated that he shared a photo with his mentor the retired officer, and nobody else. 49. On November 30, 2021, Sgt. Root was notified that he was a target of an investigation. 50. On December 1, 2021, Sgt. Root was served with an Notice of an Internal Affairs Investigation. Sgt. Root submitted to the resulting interview on December 8, 2021. 51. On December 16, 2021, Sgt. Root was informed that the town attorney had recommended that he be suspended for 30 days. Sgt. Root was told that Bolanos stated that his actions “were egregious in bringing great embarrassment to the town and police department.” Sgt. Root was given 24 hours to accept the 30 day suspension or face departmental charges that could result in termination of his employment. 52. Sgt. Root did not sleep the night of December 16 into December 17, 2021. He called into work sick for the first portion of his shift, having not called in sick for years. Later that day, Sgt. Root was receiving the most severe discipline of all involved in the events that followed the Chief’s crash. He learned that his suspension would be three times longer than the commanding officer at the scene of the accident, and that the officer who first encountered the Chief was receiving a letter of reprimand. 53. When he eventually reported to work on December 17, 2021, Sgt. Root was directed to Lt. Christopher Bittner’s office, and met with Lt. Bittner. Lt. Bittner put Attorney Bolanos on speakerphone. Attorney Bolanos, with the clear purpose of intimidating Sgt. Root into accepting the proposed (unlawful) 30-day suspension, stated to Sgt. Root that his actions were INDIEXN® E 2624003008 968 FLEEY?HONROE COUNTY CLERK 0370172024 11:47 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 “egregious” and that “in fact, you violated public election laws and could be or could’ve been arrested.” Attorney Bolanos’s statement is a flagrant violation of Rule 3.4(e) of the New York Rules of Professional Conduct. 54. Attorney Bolanos went on to state “Bryan, I’m just an attorney, but I think you should just take the 30 days and look inward, don’t worry about the town or the police department and work on yourself.” She went on to state to Sgt. Root that if he did not accept the proposed punishment, the Town of Greece would serve formal departmental charges the next week, and that he could be arrested for “meddling with public election laws.” 55. Feeling as though he had no other options, in fear of being terminated, and in grave fear of being arrested as Attorney Bolanos had suggested, Sgt. Root regrettably accepted the suspension. Sgt. Root’s suspension actually spanned 47 calendar days to encompass the 30 work days. 56. On or about January 14, 2022, Sgt. Root reported to now Officer Voelkl that Attorney Bolanos had threatened him with criminal charges. 57. On February 2, 2022, Sgt. Root returned to work at the Police Department. His computer access was still denied and restricted, publicly embarrassing the Sergeant in a room full of his subordinate officers. 58. On February 7, 2022, Sgt. Root was directed to meet with the new Chief of Police, Michael R. Wood. Chief Wood issued Sgt. Root a formal written suspension. 59. The punishment, retaliation and adverse actions against Sgt. Root were immediate and harsh. FLEEY?HONROE COUNTY CLERK 03/01/2024 11:47 PM INDHHEXN® E 2624003008 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 60. Upon information and belief, the Supervisor, Deputy Supervisor and Attorney Bolanos conspired and collaborated to determine the best way to retaliate against Sgt. Root for foiling their coverup. 61. Upon information and belief, the devised plan included, but was not limited to: (1) having the Police Department hire an investigator selected by a group of individuals with the agenda of payback, even though no such investigator could ever be “independent” as the Police Department served at the direction of the Supervisor, (2) having Attorney Bolanos “ghost write” the results of the investigation as reflected by the legal conclusions in the report that would be far outside the scope of the investigation, and (3) using that trumped up “investigation” to destroy Sgt. Root’s career, and make sure that no employee of the Police Department or the Town of Greece would ever become a whistleblower. 62. The plan put into place by this group of politicians and their accomplices to punish Sgt. Root for exposing the truth borders on extortion — particularly Attorney Bolanos’s threat that he could be arrested for violating Election Law. 63. On or about November 8, 2021, the Supervisor appointed Joseph Morabito as a special investigator. Upon information and belief, Mr. Morabito, at the time, was recovering from knee surgery and unable to immediately start his investigation. 64. On that same day, before Mr. Morabito started an investigation, Deputy Chief Voelkl, at the direction of the Supervisor and/or Attorney Bolanos, was placed on “immediate suspension.” 65. The severe and retaliatory discipline imposed forced upon Sgt. Root is unconscionable, and sent an unambiguous message to the members of the Greece Police FLEEY?HONROE COUNTY CLERK 0370172024 11:47 PM INDiEXxN® E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 Department that they would face crushing consequences if they ever engaged in whistleblowing activity. 66. This was never going to be a legitimate “investigation” into the Police Department’s response, but rather, political theater orchestrated to name a scapegoat and punish Sgt. Root. 67. Within 41 days of his appointment, during which he was recovering from knee surgery and before his summary of investigation was finished, Mr. Morabito had purportedly drafted a letter to Deputy Chief Voelkl, which contained 21 single-spaced pages labeled “Disciplinary Charges Pursuant to Section 155 of the New York State Town Law and the Town of Greece Resolution Number 408 of 2013.” Upon information and belief, similar documents were never sent to any other officers of the Police Department. Notably, every page of these documents included in the alleged letter from Mr. Morabito, contains a document id number in the left-hand corner often used by law firms, which reflects a version 2. 68. Upon information and belief, the report was authored or co-authored by Attorney Bolanos at the behest of the group of politicians led by the Supervisor. 69. On December 21, 2021, only 42 days after his appointment and after the “Disciplinary Charges” referenced above were dated, Mr. Morabito issued his Summary of Investigation to the Supervisor. 70. The report is astonishing in many aspects. First, the sheer speed in which Mr. Morabito, while recovering from surgery, was able to conduct an investigation into this matter involving no less than 10 members of the Police Department, including the drafting of dozens of pages of findings, recommendations and actual disciplinary charges gives rise to questions about FLEED?HONROE COUNTY CLERK 03/01/2024 11:47 PM INDiEXxN® E 2624003808 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 who actually authored the report and how much opportunity there was to conduct a complete investigation. 71. Second, there is no mention of the Supervisor’s decision to not immediately request an outside investigation, even though he is admittedly the “boss” of the Police Department. 72. Third, while there is mention of whistleblower protections, there is no analysis as to whether Sgt. Root or Deputy Chief Voelkl were subjected to retaliation. 73. The investigation contained inaccuracies ~ one of which has already been publicly corrected after a third party demanded a retraction. 7A. The Morabito Report was concocted to retaliate against Sgt. Root for setting a sequence of events into motion that resulted in the town officials’ coverup failing. 75. The Town of Greece, through the parties identified above, purported to engage in adverse personnel action against Sgt. Root by suspending him. This personnel action consisted of actions affecting compensation, appointment, promotion, transfer, assignment, reassignment and evaluation of performance. It also affects his ability to ever find comparable employment. It has effectively ruined his career. Further, the Town of Greece and the individuals defamed Sgt. Root tarnishing his previously unassailable reputation. 76. This Notice of Claim is filed because the actions of the Town of Greece constitute retaliation against Sgt. Root for being a whistleblower, and are prohibited by, among other laws, Section 75-b of the New York State Civil Service Law, and Section 740 of the Labor Law. 77. Sgt. Root’s suspension violates Town of Greece policy, Town Law § 155, and / or the collective bargaining agreement between the Town of Greece and the union of which Sgt. Root is a member. FLELY?HONROE COUNTY CLERK 03/01/2024 11:47 PM INDIEXN® E 2624003008 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 BB. Sgt. Root is the whistleblower who reported the misconduct of Attorney Bolanos. Sgt. Root is the whistleblower who foiled the Police Department and the Supervisor / Deputy Supervisor’s coverup. 79. Sgt. Root reasonably 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 governmental action. 80. Following Sgt. Root’s whistleblowing actions, then-Chief Forsythe resigned his position, and pleaded guilty to several crimes. In doing so, he apologized to the Greece Police Department, among others. 81. This is a claim for money damages arising from the Town of Greece’s retaliatory acts against Sgt. Root, in violation of the New York State Civil Service law as well as in violation of Sgt. Root’s constitutional rights, and his right as a citizen to bring to the attention of governmental bodies corruption within the Town of Greece. It is also a claim in connection with the false reports made against Sgt. Root which give rise to slander and defamation causes of actions. 82. Sgt. Root was concerned about the Town of Greece’s failure to investigate possible corruption, which occurred immediately before a contested election for Town of Greece, Town Supervisor. 83. Sgt. Root was concerned about the Town of Greece’s attorney, Attorney Bolanos threatening him with criminal prosecution, which coerced his acceptance of illegal discipline. 84. Sgt. Root has become the scapegoat for the inaction of the Town of Greece, when in reality, the opposite is true. He was the one who clamored for honesty and appropriate action by the Greece Police Department and Town of Greece, and, indeed, brought the Town of Greece’s FLEEY?HONROE COUNTY CLERK 0370172024 11:47 PM INDIEXN® E 2624003008 968 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 failure to act, and Attorney Bolanos’s misconduct, to the attention of the authorities at great risk to himself and great risk of retaliation. DAMAGES & RELIEF SOUGHT 85. As a direct and proximate result of the continuous actions and omissions of the Town of Greece, Sgt. Root suffered pecuniary and emotional injuries and injuries to his stellar reputation. 86. As a direct and proximate result of the continuous actions and omissions of the Town of Greece, Sgt. Root suffered retaliation, and other adverse personnel action prohibited by law, as well as other physical, mental and emotional ailments. 87. As a proximate and direct result of the Town of Greece’s conduct toward him, Sgt. Root has been anxious, nervous, scared, and unable to sleep. His wages and benefits have been substantially reduced and his opportunity for promotion decreased, all of which also has an impact on his pension in the event he retires. 88. Based on the foregoing, Sgt. Root demands relief for damages for his loss of past wages, pension contributions, lost benefits, lost wages as a result of being eereved of promotions, future wages, as well as pain and suffering, along with interest, costs, and reasonable attorneys’ fees. Z Dated: Rochester, New York _— March 17, 2022 a G7 \ DANIEL EVAN STROLLO, ESQ. Attorney for the Claimant 28 East Main Street, Suite 1200 Rochester, New York 14614 TEL: 585-458-2800 x332 FAX: 585-730-6235 dan@strollo.com INDEExN® E 2824003008 968 FLEEY?HONROE COUNTY CLERK 03/01/2024 11:47 PM NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/01/2024 VERIFICATION STATE OF NEW YORK ) COUNTY OF MONROE ) SS: BRYAN ROOT, being duly sworn, deposes and says that deponent has read the foregoing Notice of Claim and knows the contents therein; that the same is true to deponent’s own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters the deponent believes the contents to be true. BRYA] OT Ae Sworn to before me this 17th day of March, 2022. JEAN E. NOTHNAGLE Notary Public, Sta