RPD investigator who handcuffed EMT to collect pay until retirement

ROCHESTER, N.Y. (WROC) — The Rochester police investigator who violated department rules while arresting a working EMT in the Strong Memorial Hospital Emergency Department in 2022 will remain on paid suspension until his retirement.

Charles LoTempio was placed on paid suspension after the July 11, 2022 incident. Under the agreement resolving the issue with the RPD and Locust Club Police Union (attached in full at the bottom of this story), he will be eligible for retirement in March 2025, when he reaches 20 years of service with the department. The RPD will then apply to have his basic training certificate as a police officer revoked.

The paramedic, Lekia Smith told News 8 she had just brought an elderly patient in need of immediate attention to the hospital when she said she accidentally opened the ambulance door too fast, hitting LoTempio’s police car.

“He got up, and kind of brought it to my attention that paint had transferred to his side door, and at the moment he asked me for my ID and I had a patient on the gurney, and we were getting ready to walk inside the hospital, and I explained to him that I would give him my ID as soon as I walked my patient in,” Smith said. “I guess that wasn’t good enough. He walked in side by side into the hospital with us, and once I finished checking my patient’s temperature, that’s when LoTempio came over, pushed me against the registration desk and put me in handcuffs and put me inside his vehicle.”

LoTempio injured Smith’s wrist and shoulder when he handcuffed her. She was still out of work as an EMT with Monroe Ambulance more than a year after the incident.

According to public records , LoTempio was accused of five policy violations, but ultimately agreed to plead guilty only to failure to double lock handcuffs when placing Smith into custody, “despite having ample time to do so.”

“It was obvious that Investigator LoTempio’s actions were not in line with my expectations as Chief of the Rochester Police Department,” Rochester Police Chief David Smith said in a statement Wednesday.

LoTempio had been punished for misconduct prior to this altercation . He was accused of using “unnecessary and excessive force ” by hitting a handcuffed man in the mouth with a flashlight in 2013.

LoTempio was also accused of arresting and strip searching a man in February 2012, performing an “intrusive visual body cavity inspection” without a warrant against RPD training , then arresting him again when he called 911 to report him to a sergeant.

Rochester Police Chief David Smith released a statement Wednesday, saying:

“On July 18, 2022, I became aware of an incident at Strong Hospital involving Investigator Charles LoTempio.  After a preliminary review of the situation, it was obvious that Investigator LoTempio’s actions were not in line with my expectations as Chief of the Rochester Police Department.  I immediately suspended Investigator LoTempio and directed the Professional Standards Section to begin an internal investigation.  At the conclusion of that investigation, it was found that Investigator LoTempio violated the Rochester Police Department General Orders and its Rules and Regulations.

This was a lengthy process, which in accordance with Article 75 of the New York State Civil Service Law and the Collective Bargaining Agreement, included a hearing in front of a neutral Hearing Officer.  At the completion of that hearing, I did not agree with the recommended discipline and pursued an alternate disciplinary agreement between myself, Investigator LoTempio, and the Rochester Police Locust Club.  As a result of that agreement, Investigator LoTempio will be retiring from the Rochester Police Department and will not contest the City of Rochester’s application to the New York State Division of Criminal Justice Service to have his status as a Police Officer revoked.  It is important to note, that this agreement is final and not subject to appeal or grievance.

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

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