Crime Scene Investigators Win Case for Detective Pay

Attorney Edward “Ned” Perlman took the city to court and won.

Originally broken by the Niagara Falls Reporter last February, the quest of four Crime Scene Unit Investigators from the Niagara Falls Police Department to become designated as detectives has reached a successful conclusion for them. They believed their duties closely overlapped those of detectives within the department, and as such, were entitled to comparable pay, which amounts to about $3,000 more than they were getting per year.

Their attorney, Edward P. Perlman of Magavern, Magavern and Grimm, said that he wanted to reach a resolution without litigation. The City’s Corporation Counsel Office stood by its position that the positions were different than that of detectives.
Perlman sued.

On Sept. 7, 2012, State Supreme Court Justice Ralph A. Boniello, III agreed with the CSU Investigators and ruled in their favor. "Clearly, the record supports a finding that the defined duties of the detectives are substantially similar to the duties and responsibilities of CSU Officers," Boniello found in his decision.

With the exception of being involved in the actual arrest and interrogation, Boniello ruled, "in all other respects the Court concludes that the scope of the duties and responsibilities ...to be substantially the same."

As a result, the City must now designate the investigators as detectives and pay them accordingly.

Jason Sykes, Marc Martinez, Todd Faddoul and Shawn Arndt will each receive the increased salary plus retroactive pay.

Police officers make between $50,000 to $55,000 per year, not counting overtime.