Starzee gets probation

In Shelter Island Justice Court Thursday morning, Highway Department employee Jeffrey Starzee, who had pleaded guilty October 3 to endangering the welfare of a child, formally accepted terms of a three-year probationary sentence. He is to report to his probation officer within 72 hours.

Dressed in a gray sports jacket, blue shirt and khaki pants, Mr. Starzee, 47, stood quietly before the Judge as she warned him that any violation of probation or of a five-year stay-away order from the victim would place him back in court.

The entire procedure took only 10 minutes, much of it consumed by Mr. Starzee signing off on paper work outlining terms. The full terms and conditions haven’t yet been made public.

Assistant District Attorney William Nash said the Shelter Island Police Department was aware of the terms of the order of protection. Since Mr. Starzee’s arrest in February 2013, there had been no incidents between the defendant and the girl, Mr. Nash said.

In accepting the terms and conditions of probation, Judge Westervelt said she read and considered statements from both the girl’s mother and Mr. Starzee’s wife.

Following a lengthy investigation, Shelter Island Police arrested Mr. Starzee in February and charged him with sexual abuse in the third degree and endangering the welfare of a child. The sexual abuse charge was dropped, and Mr. Starzee pleaded guilty to endangering the welfare of a child on October 3.

Under the law, a person is guilty of endangering the welfare of a child if he or she knowingly acts in a manner likely to be injurious to the physical, mental or moral welfare of that child. According to the transcript of October 3 court session, Mr. Starzee acknowledged engaging in an inappropriate relationship with the girl during the months of June through December 2012.

Mr. Starzee continues to work for the Shelter Island Highway Department, a job he has had for 18 years. Supervisor Jim Dougherty has said the Town Board would take no action until after sentencing.

“We want to make sure we’re doing the right thing,” Mr. Dougherty said. He referenced trying to follow precedent in handing disciplinary matters of town workers.

Town Attorney Laury Dowd was in court Thursday morning to observe the proceedings.

The Town’s Ethics Code contained in its municipal code states, “Each town employee shall endeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.”

While the town’s contract with the Highway Benevolent Association makes no specific mention of disciplinary action, the New York State Department of Civil Service Manual of Procedures in Disciplinary Actions says public sector employees can be removed for misconduct.

“Although there is increased public and judicial scrutiny in this area, the notion that public employees may be disciplined or separated from public service only under the most extreme circumstances, and solely for the gravest offenses, is utterly untrue,” the manual says.