2007-250bf
2007-250
Resolution Authorizing Personnel Disciplinary Actions
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on
November 26, 2007.
The meeting was called to order by Joseph Paoloni, Deputy Supervisor, and upon roll
being called, the following were present:
PRESENT: Councilmembers
William H. Beale
Vincent F. Bettina
Joseph P. Paoloni
Maureen McCarthy
ABSENT: Supervisor - Joseph Ruggiero
The following Resolution was introduced by Councilwoman McCarthy and seconded by
Councilman Bettina.
WHEREAS, the Town Supervisor Joseph Ruggiero, of the Town of Wappinger, has
brought certain misconduct charges against employee Andrea Paustian, pursuant to Civil Service
Law §75, and
WHEREAS, a hearing was held on August 9d' and 22nd, 2007, before Hearing Officer
Joseph Wooley, at which the charged party appeared, and
WHEREAS, pursuant to Civil Service Law §75, the Town Board is required to review
the recommendations of the hearing officer in order to decide the case, and the Town Board is
free to make new findings as to guilt or innocence, and to impose a discipline different from that
recommended by the hearing officer, within the confines of the evidence, and
WHEREAS, the burden of proving misconduct is on the person alleging the same, and
WHEREAS, the Town Board has reviewed the record in this matter, including the
transcripts of the hearing, the exhibits introduced into evidence at the hearing, and the Findings
of Fact and Recommendation of the Hearing Officer,
NOW THEREFORE, BE IT RESOLVED, that the Town Board hereby adopts the
Hearing Officer's Finding of Fact and/or Recommendations relating to the charge of misconduct,
and determines that the hearing officer's recommendation of the finding of guilt was based upon
the substantial evidence in the record.
BE IT FURTHER RESOLVED, that the Town Board having confirmed the Findings of
Fact relating to guilt of the misconduct charge, the Town Board turns now to the penalty phase.
Civil Service Law §75 provides for a range of penalties, including: a reprimand, a fine not to
exceed $100 to be deducted from the salary or wages of the employee, suspension without pay
for a period not exceeding two months, demotion in grade and title, or dismissal from service.
That section also provides that the time during which an employee is suspended without pay may
be considered as part of the penalty.
In reviewing the penalty, the Board is mindful that it has no obligation to follow the
recommendation of the hearing officer, and could impose a penalty within the range allowed by
the statute, as set forth above. However, based upon the record, the Board concludes that the
penalty of dismissal from service, effective immediately, is the appropriate sanction and adopts
the hearing officer's penalty recommendation for the reasons set forth within his
Recommendation.
BE IT FURTHER RESOLVED, that the Board hereby directs the Town Supervisor or
his designee to take whatever steps are necessary to inform Ms. Paustian of this determination
and to file the necessary documents with Dutchess County Department of Civil Service.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR
Voting:
ABSENT
WILLIAM H. BEALE, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
AYE
Dated: Wappingers Falls, New York
11/26/2007
The Resolution is hereby duly declared adopted.
T)OHN C. MASTERSON, TOWN CLERK