A firefighter arrested for lewdness and fired after he was seen masturbating at his open bedroom window has been ordered reinstated with back pay for lack of evidence that he intended to be viewed. Records show that Robert J. Rauschmeier, a firefighter in the village of Johnson City, Broome County, was observed masturbating while off-duty in April 2009. He was arrested, charged with public lewdness and misconduct under the Civil Service Law, and suspended.
A hearing officer recommended that he be found not guilty and reinstated, but the mayor and village board rejected that recommendation and fired him. In Matter of Rauschmeier, 512244, the Appellate Division, Third Department, unanimously ordered the firefighter reinstated. The court said Mr. Rauschmeier “could only be found guilty of misconduct if he engaged in lewd conduct under circumstances establishing that he intended to be seen by members of the public.” However, it noted that he testified that as soon as he realized he was visible he stopped the activity and sought to apologize to his neighbors. Also, the court said Mr. Rauschmeier fully cooperated with the investigation. The lewdness charge, which was adjourned in contemplation of dismissal, was ultimately dismissed.
