2003-229RESOLUTION NO. 2003-229
RESOLUTION IN THE MATTER OF CERTAIN DISCIPLINARY PROCEEDINGS
AGAINST LINDA A. TASADFOY, ASSESSOR
At a Special 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 the 16th
day of September, 2003, at 7:00 P.M.
The meeting was called to order by Councilman Paoloni, and upon roll being called, the
following were present:
PRESENT: Councilmen -
ABSENT: Supervisor -
Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
Joseph Ruggiero by recusal
The following Resolution was introduced by Councilman Colsey and seconded by
Councilman Valdati.
WHEREAS, the Town Board voted to authorize disciplinary proceedings against Linda
A. Tasadfoy, Assessor, identified in Executive Session, and named in certain Specifications
discussed and adopted by the Town Board in Executive Session on the evening of October 16,
2002, charging the said Linda A. Tasadfoy with various acts of misconduct, misfeasance, and
maladministration, and seeking her dismissal and removal from office; and
WHEREAS, by the Resolution No. 2002-289, the Town Board scheduled a Hearing on
the aforementioned Specifications to be conducted on November 19, 2002 at 9:30 a.m. at Town
Hall, 20 Middlebush Road, Wappingers Falls, New York 12590; and
WHEREAS, also by the same Resolution No. 2002-289, the Town Board appointed
Stephen J. Wing, Esq. of 128 Academy Street, Poughkeepsie, New York, as Hearing Officer to
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conduct and preside over the Hearing and directed him to make Findings of Fact and recommend
to the Town Board the appropriate penalty or punishment to be imposed thereon; and
WHEREAS, the Hearing Officer Stephen J. Wing conducted hearings on the following
dates: November 19, 2002, January 17, 2003, February 20, 2003, April 3, 2003, April 4, 2003,
and May 29, 2003; and
WHEREAS, the Hearing Officer made a record of the proceedings and submitted his
findings and recommendations to the Town Board by his Report and Recommendation of the
Hearing Officer dated September 4, 2003; and
WHEREAS, copies of the Report and Recommendation of the Hearing Officer dated
September 4, 2003, the Post -Hearing Memorandum of Law submitted on behalf of the Town of
Wappinger, the Post -Hearing Memorandum of Law submitted on behalf of Linda A. Tasadfoy,
and the transcripts of proceedings dated November 19, 2002, January 17, 2003, February 20,
2003, April 3, 2003, April 4, 2003, and May 29, 2003 were delivered to Councilmen Valdati,
Bettina, Colsey and Paoloni; and
WHEREAS, Supervisor Ruggiero has recused himself from participating in these
deliberations; and
WHEREAS, Councilmen Valdati, Bettina, Colsey and Paoloni have reviewed the
Report and Recommendation of the Hearing Officer dated September 4, 2003 and as much of the
other materials necessary for them to render a final decision in this matter.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth
and adopted herein.
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2. Pursuant to the authority vested in Councilmen Valdati, Bettina, Colsey and Paoloni
by Real Property Tax Law §324 and Civil Services Law §75, the Town Board hereby renders its
final decision with respect to the disciplinary charges brought against Linda A. Tasadfoy,
Assessor, as hereinafter set forth:
3. Based on the Report and Recommendation of the Hearing Officer dated
September 4, 2003, the Town Board, exclusive of Supervisor Joseph Ruggiero who has recused
himself from voting in this matter, hereby finds that the Report and Recommendation of the
Hearing Officer, Stephen J. Wing, is supported by the record of proceedings and hereby
confirms, adopts and ratifies the findings made by the Hearing Officer, Stephen J. Wing, in his
said Report and Recommendation dated September 4, 2003, as follows:
(a) With respect to "Charge No. 1: Misconduct by Falsifying an Official
Document", the Town Board finds that the Assessor's actions constitute
misconduct under §75 of the Civil Service Law and §324 of the Real
Property Tax Law.
(b) With respect to "Charge No. 2: Misconduct by Making Intentional
Misrepresentations to Town and County Officials", the Town Board finds
that the Assessor's actions constitute misconduct under §75 of the Civil
Service Law and §324 of the Real Property Tax Law.
(c) With respect to "Charge No. 3: Misconduct by Willfully and Improperly
Deleting Records from Town Computers", the Town Board finds that the
Assessor's actions constitute incompetence and misconduct under §75 of the
Civil Service Law and §324 of the Real Property Tax Law.
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(d) With respect to "Charge No. 4: Misfeasance", the Town Board finds the
Assessor not guilty.
4. For the reasons articulated in the Report and Recommendation of the Hearing
Officer, Stephen J. Wing, which is hereby confirmed, adopted and ratified, the Town Board,
exclusive of Supervisor Joseph Ruggiero who has recused himself from voting in this matter,
accepts the Recommendation of the Hearing Officer that the appropriate disciplinary action to be
taken is to dismiss the said Linda A. Tasadfoy from the position of Assessor for the Town of
Wappinger, effective immediately, and the Town Board hereby dismisses, discharges and
terminates the appointment of Linda A. Tasadfoy as Assessor to the Town of Wappinger
effective immediately.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, Supervisor
ROBERT L. VALDATI, Councilman
VINCENT F. BETTINA, Councilman
JOSEPH P. PAOLONI, Councilman
CHRISTOPHER J. COLSEY, Councilman
Dated: Wappingers Falls, New York
September 16, 2003
Voting ABSENT by recusal
Voting Aye
Voting Aye
Voting Aye
Voting Aye
The Resolution is hereby duly declared adopted.
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L J. MO CLERK
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