2016-205 2016-205
Resolution Authorizing Appointment of Independent Investigator
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 June 27, 2016.
The meeting was called to order by Lori A. Jiava, Town Supervisor, and upon roll being called, the
following was recorded:
✓Vote Record-Resolution RES-2016-205
Q Adopted Yes/Aye No/Nay Abstain Absent
❑ Adopted as Amended Lori A.Jiava Voter Q ❑ ❑ ❑
❑ Defeated William H.Beale Mover Q ❑ ❑ ❑
❑ Tabled William Ciccarelli Voter Q ❑ ❑ ❑
❑ Withdrawn John J.Fenton Seconder Q ❑ ❑ ❑
Michael Kuzmicz Voter Q ❑ ❑ ❑
The following Resolution was introduced by Councilman Beale and seconded by Councilman Fenton.
WHEREAS, a Town of Wappinger Highway Department employee filed a Workplace Violence Incident Report/
Harassment Report("Report")with the Town Supervisor on June 23, 2016 alleging workplace violence incidents under
the New York State Workplace Violence Prevention Act; and
WHEREAS, as all allegations in the Report are made against the Town Highway Superintendent, an elected
official, it would be inappropriate for Town Supervisor Lori Jiava, the Town's Workplace Violence Prevention Officer, to
investigate said Report; and
WHEREAS, the Town Board of the Town of Wappinger desires to hire an independent attorney to investigate
and make any recommendations as needed with respect to the Report; and
WHEREAS, the Town Board is satisfied that, upon recommendation from the Town's labor and employment
counsel, and based upon the Town Board's prior experience, Kenneth Bernstein, Esq. is qualified to undertake the
investigation; and
WHEREAS, the Town Board desires to appoint Mr. Bernstein to undertake the investigation.
NOW, THEREFORE,BE IT RESOLVED, that Kenneth Bernstein, Esq., 186 Roosevelt Road, Hyde Park,
New York, is appointed to undertake an investigation of the Report and to make any recommendations he deems
necessary in connection with his findings and conclusions; and
BE IT FURTHER RESOLVED, Mr. Bernstein shall be compensated at the rate of 5175.00 per hour, including
all travel time, for his services in connection with this appointment; and
BE IT FURTHER RESOLVED, the Town Board agrees that the Town of Wappinger will defend and indemnify
Mr. Bernstein for claim or action brought against him in connection with the services he undertakes pursuant to this
appointment; and
BE IT FURTHER RESOLVED, that the Town Supervisor is authorized to execute to sign any documents in
connection with the actions approved by this Resolution.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: William H. Beale, Councilman
SECONDER: John J. Fenton, Councilman
AYES: Jiava, Beale, Ciccarelli, Fenton, Kuzmicz
Dated: Wappingers Falls, New York
6/27/2016
The Resolution is hereby duly declared Adopted.
JOSS P P. PAOLONI, TOWN CLERK
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