The editorial "The revenge of Officer Lutz," Dec. 3, fails to place the blame for an outrageous result where it belongs: upon the poor legal advice given to Albany Police Chief Steven Krokoff to attempt to remove a police officer without due process.
To be sure, the city should make every effort to terminate a police officer who commits the serious misconduct that has allegedly been committed by Mr. Lutz.
Had the city presented its charges to an arbitrator, in accordance with the disciplinary procedure that it contractually negotiated with the police union, it would have had a strong argument for termination and could have suspended Mr. Lutz without pay pending the determination of the charges.
However, the city attempted an end run around the established procedure by trying to terminate Mr. Lutz on the grounds that he did not possess a driver's license. The union's position, properly sustained by the courts, rejected this approach because it violated Mr. Lutz's right to due process. The union was not supporting a 'bad cop" as much as it was supporting the important principle that no police officer should be disciplined unless that action comes in accordance with a fair hearing.
A disgraced police officer will now receive significant back pay and possible reinstatement solely because the city, rather than proceed with well-founded charges, tried to remove Mr. Lutz in an illegal and backhanded manner.
PETER HENNER
Clarksville
Council 82
general counsel, 1981-84