Departmental charges against two Buffalo police officers accused of sending improper e-mail messages on police computers last year have been adjourned in contemplation of dismissal.
This is the e-mail flap that aroused public concern about the Police Department because some of the messages contained racial and ethnic slurs. However, the two officers and two others who became embroiled in the controversy were not accused of those allegations.
Capt. Michael Leggio and Lt. Kevin Barberg, both of the Broadway Station, agreed to abide by the department's policy that computers be used only for official police business and to attend and complete sensitivity training, department officials said Saturday.
The police supervisors also agreed not to pursue any lawsuits against the city "concerning a violation of their constitutional rights as a result of charges" that had been brought against them by the department.
Police Commissioner Rocco J. Diina declined to comment on the case and referred to a statement issued by the department:
"The dismissal under these circumstances was deemed appropriate in view of the fact that neither officer created or sent any e-mail containing any racial slurs or other racially disparaging remarks."
Eight department members were slapped with departmental charges of conduct unbecoming of an officer and violating the city's computer-use policy last December.
Four of the officers -- Leggio, Barberg, Capt. David Andrews and Lt. James Shea -- were not accused of writing any ethnic slurs, according to the department's Professional Standards Division.
Leggio and Barberg were accused only of writing messages that served no legitimate police purpose.
Andrews and Shea were accused of the same thing, plus receiving derogatory messages and not reporting them.
Cases against all of the officers have been settled, except for Shea's, which is still pending.