County Moves to Dismiss Lawsuit Over PBA Card Preference

Westchester County responded to a lawsuit that alleges the unlawful termination of a police officer for failing to give leniency to a PBA card holder. The County ultimately requests that the court dismiss all claims set forth by their former officer.

A routine traffic stop

29-year-old Joseph Saetta joined the Westchester County Department of Public Safety in October 2023. As part of his three-month probationary period, the department assigned him Field Training Officer (FTO) Mohammad Chandoo. In December, Saetta and Chandoo stopped a vehicle on the Saw Mill River Parkway in Yonkers for driving with an expired temporary New Jersey plate. The driver, Corinne Pascariu-Costo, failed to produce her driver's license upon request from Saetta. Instead, Pascariu-Costo presented a Police Benevolent Association (PBA) card, claiming familial association with law enforcement. Saetta decided to issue a traffic ticket to Pascariu-Costo despite her possession of a PBA card .

Shortly after the incident, Pascariu-Costo filed a civilian complaint against Saetta alleging misconduct. Chandoo informed Saetta that the complaint had reached the attention of “upper management” within the department. The FTO also highlighted previous disciplinary actions against officers who had issued tickets to individuals presenting PBA cards.

Disciplinary action came in January 2024 when, despite seemingly passing probation, Commissioner Terrance Raynor informed Saetta that he was terminated. While the matter of the traffic stop of Corinne Pascariu-Costo was apparently the reason, Raynor nevertheless transmitted a letter stating that Saetta's exit was not a “ removal for cause .”

A pair of lawsuits

Saetta responded to his termination with a pair of lawsuits– one federal and the other filed in Westchester County Supreme Court . The lawsuits name defendants Commissioner Terrance Raynor, County Executive George Latimer , and Corinne Pascariu-Costo.

Saetta's lawsuits argue that his termination was an attempt to silence his critique of leniency towards PBA card holders. It therefore cites New York State Civil Service Law to challenge the County's actions in dismissing a whistleblower. Furthermore, it accuses Pascariu-Costo of making knowingly false statements that defamed Saetta and led to his termination. He claims that her complaint lacked factual basis, as evidenced by his bodycam footage. You can watch that bodycam footage of the traffic stop below.

Saetta seeks a jury trial and monetary compensation for lost wages, as well as damages for emotional distress and harm to his reputation and livelihood. He further seeks to be fully reinstated as an officer in the Westchester County Department of Public Safety.

Fired for being rude

In their April 11 filing to the Westchester County Supreme Court, Attorney for Westchester County, John M. Nonna, states that Saetta's lawsuit is “ woefully deficient both substantively and procedurally .” The letter to Judge Nelson S. Roman concedes to many of the facts of the Saetta's claim, including that his termination originated from the traffic stop of Corinne Pascariu-Costo. However, the County portrays the offense as Saetta's “ unprofessional and rude behavior ,” not the “ unwritten rule regarding never writing over a PBA card .”

So, while the County takes a position excluding any importance of the PBA card, evidence in the case suggests otherwise. A signed affidavit recalls a conversation with Deputy County Executive Ken Jenkins days before Saetta's termination. Jenkins acknowledges the impending termination and its relation to a PBA card. Furthermore, Jenkins, per the witness's statement, characterizes the situation as “ fishy ” and “ recommended that Saetta take legal action .”

Notably, the County argues that regardless of the cause, any First Amendment protections asserted by Saetta in this instance are moot. Saetta argues that his act of issuing a ticket and subsequent discussion of the perceived policy to protect PBA card holders defines him as a whistleblower. But, the County cites case law that, “ the alleged speech, that is issuing a ticket to a motorist, fell within the scope of his official responsibilities ” and as such, is not protected speech of a private citizen. The defendant therefore seeks to dismiss the First Amendment claims and the case against Westchester County on the whole.