NEW BERLIN – The New Berlin Town Board dismissed Police Chief Richard P. Kellar following a unanimous vote in executive session Monday night.
“His termination is effective today,” said New Berlin Councilman Roger Foote.
Kellar had been placed on paid suspended leave following his arrest by Chenango County Sheriff’s deputies on Oct. 31 in South New Berlin. Kellar was charged with third degree assault, a class A misdemeanor, which carries a maximum sentence of one year in jail.
“It’s disappointing, but we have to move on,” said Town of New Berlin Supervisor Ross P. Iannello.
The board’s decision comes just after Kellar appeared in Town of Norwich Court Dec. 4 to answer to charges that he allegedly assaulted a New Berlin man while he was off duty, breaking two of the victim’s arms in the process.
Kellar, 43, pleaded not guilty to the misdemeanor charge.
The New Berlin Town Clerk’s Office said the motion to have Kellar terminated was made by council members Halys Davis and seconded by Foote.
“It was a unanimous decision made in executive session,” said Davis.
The termination follows a 30-day suspension previously moved by the board.
“We decided what we wanted to do because of the situation. We won’t talk about things that happened in the executive session and he (Kellar) hasn’t even had his day in court yet, but the board basically felt he shouldn’t be in that sort of situation given he’s a police officer,” said Iannello.
“We wanted to clear up the matter and get on with the police department,” said Foote, who added that the board had the utmost confidence in its remaining officers.
Assigned Special Prosecutor Paul Tomkins of Binghamton said he did not believe a conviction on the current charge would have legally impacted Kellar’s eligibility to remain a police officer.
“That’s generally up to the town. It’s a matter of public record though,” he said, explaining the board was not bound by law to have Kellar removed.
“This gentleman should be treated exactly the same as anyone committing an assault should,” added Tomkins.
The victim in the case, who asked not to be identified for fear of reprisal from law enforcement, said Kellar broke his right forearm and left wrist in the altercation. He also said he had to go through surgery at A.O. Fox Memorial Hospital in Oneonta to have a plate and pin implanted following the incident.
