In Suffolk County, police officers served by the department with disciplinary charges have the option of choosing a civil arbitrator to determine their final penalty. The department moved to fire Officer David Mascarella for misconduct involving a 2020 crash while off-duty that seriously injured a 2-year-old boy.

He was suspended without pay in February 2022, following the conclusion of a police internal affairs investigation, and chose arbitration to settle his discipline. Over several hearings, lawyers for Suffolk County presented evidence that they said justified Mascarella's termination, while the Suffolk County Police Benevolent Association, which represented the officer, argued for his reinstatement and back pay.

The arbitrator, Martin Scheinman, issued his decision in October 2023. Newsday recently obtained the document from Suffolk police in response to a public records request.

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