2003-09-16 SPM09/16/2003.SPM
A Special Meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, was held at Town Hall, 20 Middlebush Road, Wappingers Falls, New
York, on the 16th day of September, 2003, at 7:08 p.m. The purpose of the Special
Meeting was relative to Personnel.
The meeting was called to order by Councilman Paoloni, and upon roll being called,
the following were present:
PRESENT: Councilmen - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
Christopher J. Colsey
OTHERS PRESENT Al Roberts, Attorney to the Town
Gloria J. Morse, Town clerk
ABSENT: Supervisor - Joseph Ruggiero by recusal
At this time, 7:10 p.m. Councilman Bettina moved to go into Executive Session to
Confer with Council.
The meeting reconvened at 7:39 p.m. with all board members present except
Supervisor Ruggiero.
The following Resolution was offered by Councilman Colsey and seconded by
Councilman Valdati
RESOLUTION NO. 2003-229
RESOLUTION IN THE MATTER OF CERTAIN DISCIPLINARY
PROCEEDINGS AGAINST LINDA A. TASADFOY, ASSESSOR
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 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
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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.
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
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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.
(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
Voting
ABSENT by recusal
ROBERT L. VALDATI, Councilman
Voting
Aye
VINCENT F. BETTINA, Councilman
Voting
Aye
JOSEPH P. PAOLONI, Councilman
Voting
Aye
CHRISTOPHER J. COLSEY, Councilman
Voting
Aye
The Resolution is hereby duly declared adopted.
There was no other business to come before the board.
Councilman Colsey moved to close the Special Town Board Meeting, seconded by
Councilman Bettina and unanimously carried.
The meeting closed at 7:50 p.m.
�o
Gloria J. se
Town
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