FOIL # 88
""
Date Received:
Chris Masterson 0
Christine Fulton 0
SUr Rose ~
~/~/L
2009-10-16 JCM
TOWN OF WAPPINGER
Application for Public Access to Records
FOIL REQUEST
FOR INTERNAL USE ONLY
Received by:
FOIL Ser. #:
fiR
DEP ARTMENT:
ASSESSOR 0
ACCOUNTING 0
CODE ENFORCEMENT 0
PLANNING 0
ZONING 0
FIRE INSPECTOR 0
IDGHWAY 0
RECEIVER OF TAXES 0
RECREATION 0
SUPERVISOR 0
TOWN CLERK 0
WATER/SEWER 0
DOG CONTROL OFFICER 0
TOWN ENGINEER 0
TOWN ATTORNEY 0
FOR DEP AR TMENT USE ONLY
Date Received by Dept
Department Head approval:
/ /
(init)
Date Applicant Contacted:
/ /
Date FOIL fulfilled or denied:
/
/
Closed by:
Date:
/
/
Notes:
Pages fora total of $
Amount Due:
Name: Turner, Brittany
Address: 136 North Chestnut St., Apt. 15D
New Paltz, NY 12561
Agency or firm: Self
Telephone#: (916 )~- 6735 FAX#: ( )--
Email address:Turner.Brittany@gmail.com
ro check here if you are
requesting that the records
be mailed to this address.
SPECIFIC DESCRIPTION OF RECORD:
Records related to: 1. Resiqnation of Former Comptroller Jean Gallucci
2. Disciplinary Action against Bookkeeper Andrea Paustian
3. Hearing conducted by Officer Joseph Wooley (11/26/07 Exec. Session)
4. Ethics Board review and findings as requested by the Town Board at t1e
1/28/08 Regular Meeting (Resolution 2008-014 in Minutes) for "Exempt
'""',
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FORMAT OF RECORD (if available)
XI I request to be notified when I can come to inspect the record(s) described above (Third Choi I- e)
Xl I request copies of the records described above and agree to pay the cost of such records in
accordance with the fee schedule on the back of this application (Second Choice)
IX! I request that the records be sent via e-mail to the address listed above (First Choice)
o I request that the records be faxed to the number listed above
To: Supervisor Colsey
Town Clerk Masterson~1
From: Jean Gallucci, Comptroller/l'v
Date: January 25, 2008 V
I respectfully tender my resignation from my position as Comptroller for the Town of
Wappinger effective immediately.
At the reorganization meeting held on January 9th, the appointment for the Comptroller's
position was tabled by the Town Board. Additionally, the agenda for January 28th
reflects that the Town Board will discuss opening the position to advertisement and
interviews. In consideration of these two actions, it is clear that this Board has the mind
set to proceed in another direction with respect to the Comptroller's position.
Chris Masterson
From:
Sent:
To:
Subject:
Attachments:
Brittany Turner [message@tow-website.com]
Wednesday, April 06, 2011 3:23 PM
Chris Masterson
Email Message Sent from townotwappinger.us
foilrequest. pdf
A message has been received from tumer.brittany(a)gmail.com. Please click their email address to reply. Do
NOT reply to this message. See message below.
Good aftemoon Mr. Masterson, Attached is a FOIL request for a number of records related to financial
discrepancies identified and reviewed in 2007 and 2008. These relate specifically to suggestions of improper
conduct by Former Comptroller Jean Gallucci and Bookkeeper Andrea Paustian. I am aware that confidentiality
issues may arise in the fulfillment of this FOIL request; please provide complete records or redacted records,
when necessary. My request covers any correspondence, reports, legal opinions, financial statements and other
information connected to this matter. I would prefer to receive this information electronically; however, print
copies or copies available for review in your office would also be acceptable. If electronic copies are
unavailable, please advise me of the reason in your response. If you have any questions or require additional
information, please do not hesitate to contact me at 916-384-6735 or via email atTumer.Brittany@gmail.com. I
look forward to hearing from you soon. Best, Brittany Tumer
1
TOWN OF WAPPINGER
SUPERVISO~
JOSEPH RUGGIERO
. WAP ....
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TOWN COUNCIL
WilLIAM H. BEALE
VINCENT BETTINA
MAUREEN McCARTHY
JOSEPH P. PAOLONI
SUPERVISOR'S OFFICE
20 MIOOLEBUSH ROAD
WAF'F'rNGERS FALLS, NY 12590
(845) 297-2744
FAX: (845) 2Sl7-4A558 13 200'"
. ugllst " I
HAND DELIVERED
Ms. Andrea Paustian
121 Cooper Road
Unit #1
FishldlL New York 12524,
Re: Amended Chargc.~
Dear Ms. Pausu;m:
On or aboutJ uly 2, 2007, in accordance with the provisions as set forth in SectJon 75 of the
New York State Civil Service L'lw, you were served with charges dated July 2,2007, of misconduct
and/or incompetence preferred ag<ilnst you by the Town Supervisor ,Joseph Ruggiero. You are hereby
notified that ths Jetter vviIl serve to amend tllose charges as follows:
MISCONDUCT AND/OR INCOMPETENCE
4,. On or aboutJunc 28, 2007, without autJlOrization, you altered your Employee Time Sheet for
the work week ending] une 8, 2007 to reflect seven (7) hours of sick leave for which you Were
not entitled to and fOf which you received payment for.
Be advised ll1at you are allowed eight. (8) days to file your answer in writing 1;0 this charge and
specification. Your answer is to be sent or delivered to me, and must be received no l~tcr than the
close of business on Tuesday, Augu.st 21, 2007 at 4:00 p.m.
In accordance widl Section 75, a hearing ~ be scheduled concerning these charges. As you
were previously advised in the July 2, 2007 letter and at the August 9, 2007 scheduled hearing, you
may be represented by an attorney or a representative at this bearing. You J11;lY Hlso bring witnesses to
the heaxing to testify on your behalf as you wish.
Since,relv,
'. J:} -
. l.1. 1\~~
osepl uggiero, S~Cl;S~I:
Town of Wappinger
'ft'- t C
DONOGHUE. THOMAS, AUSLANDER & DROHAN. LLP
2517 ROUTE 52
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ATTORNEYS AND COUNSELLORS AT LAW
HOPEWELL JUNCTION. NEW YORK 12533
.JOHN M. DONOGHUE
LAWRENCE W. THOMAS
.JAMES P. DROHAN
DANIEL PETIGROW
STUART S. WAXMAN'
(845) 227-3000
TELECOPIER (845) 227-6873
OF COUNSEL
ROCHELLE.J. AUSLANDER
D'ANDREA & GOLDSTEIN
NATALlE.J. MARSHALL
ANA ISABEL GONZALEZ
.JUDITH CRELlN MAYLE
BRYN SARVIS PACE
NEELAN.JAN CHOUDHURY
WESTCHESTER CDUNTY OFFICE:
700 WHITE PLAINS ROAD
SCARSDALE, NEW YORK 10583
(914) 725-7893
TELECOPIER (914) 472-1840
PARALEGAL
LYNN W. CYBULSKI
CHRISTINE A. MERSAND
.ADMITTED IN NE:W YORK AND NEW JERSEY
August 9, 2007
Via Facsimile (914) 681-5131
Joseph Wooley, Esq.
Medina & O'Brien, PC
151 Broadway
Hawthorne, NY 10532-1103
RE: Town of Wappinger v. Andrea Paustian
Dear Mr. Wooley:
Subsequent to your granting with conditions, Ms. Paustian's request to adjourn the hearing
in the above referenced matter, I was advised that one of my witnesses will not be available to testify
from August 23, 2007 to September 9, 2007.
As you know, your order provided that Ms. Paustian was to have her counsel submit a notice
of appearance by August 17, 2007 and the hearing would be held within two weeks of the date of
the notice of appearance.
Due to the unavailability of our witness, if Ms. Pautstian does not obtain counsel by August
17, 2007, I respectfully request that the hearing in this matter be rescheduled for August 22, 2007,
at 9:30 a.m. However, in the event that Ms. Paustian does obtain counsel, we request that the
hearing be rescheduled after September 9,2007
We thank you for your consideration in this matter.
dl h Cre 111 Mayle, Esq.
(..J
cc: Honorable Joseph Ruggerio (Via Facsimile 845-297-4558)
Ms. Andrea Paustian (Via First Class Mail)
,ftJ-
JOSEPH E. WOOLEY
Attorney-at-Law
P.O. Box #6
Hawthorne, New York 10532
(914) 497-7742
August 17, 2007
BY HAND
Andrea Paustian
121 Cooper Road
Unit #1
Fishkill, New York 12524
Re: Town of Wappinger v. Andrea Paustian
Dear Ms. Paustian:
At the hearing in the above referenced matter, on August 9, 2007, you appeared without
counsel, and requested an adjournment for the purpose of obtaining such counsel. I agreed to
adjourn the matter with the understanding, and your consent, that you would remain suspended
without pay pending the conclusion of the hearing, and that you would notify me and Ms. Mayle,
of who would be representing you in this matter, by the close of business August 17,2007.
During a teleconference on this date with yourself, Ms. Mayle and me, you indicated that
you were hoping to obtain the services of a law firm that I understand represents the Town. That
law firm would have a conflict and not be able to represent you. You indicated that you had a
second firm that you would be talking to today, and would notify me, and Ms. Mayle, by 5:00-
5:30 p.m. today if they would be undertaking to represent you.
If! do not hear from you by 5:30 p.m. today, August 17,2007, that you have an attorney
representing you, the hearing will proceed on Wednesday, August 22,2007, at 9:30 a.m., without
your having an attorney. There will be no further adjournments granted for the purpose of your
obtaining counsel.
Very truly yours,
~ff~
Joseph E. Wooley
JW /me
cc: Judith Crelin Mayle, Esq.
JOSEPH E. WOOLEY
~CI 3
Attorney-at-Law
P.O. Box #6
Hawthorne, New York 10532
(914) 497-7742
August 18, 2007
BY HAND
Andrea Paustian
121 Cooper Road
Unit #1
Fishkill, New York 12524
Re: Town of Wappinger v. Andrea Paustian
Dear Ms. Paustian:
Please reference my letter dated August 17,2007, and the stipulation under which I
granted you an adjournment of the hearing in the above referenced matter, on August 9, 2007.
As discussed at the hearing, during our teleconference, and the aforementioned letter, I did not
hear from you, or an attorney on your behalf, by the close of business on August 17,2007, that
you were being represented by anyone in this matter. As I indicated to you on August 9, 2007
and August 17, 2007, absent an attorney making an appearance in the matter, the hearing would
proceed on Wednesday, August 22, 2007 at 9:30 a.m.
For your information and guidance the hearing will proceed in the following manner:
The Town has the obligation to go forward with their case by presenting witnesses, and
documentary evidence. You will have the opportunity to cross examine those witnesses, and
make objections to any documents the Town wishes to put into evidence. At the end ofthe
Town's case you will have the opportunity to call witnesses, and present documentary evidence.
The Town will have the opportunity to cross examine those witnesses, and make objections to
any documents you wish to put into evidence. The hearing will be conducted in accordance with
the guidelines set out in the New York State Department of Civil Service Manual of Procedure in
Disciplinary Actions. That manual can be found at:
http://www.ongov.net/Employment/images/Manual. pdf
It is my job to insure that you receive a fair hearing. However, I am not in a position to
give you legal advice.
Please be prepared to move forward with the hearing, including having witnesses and
documents at the hearing at 9:30 a.m. on Wednesday, August 22,2007.
Very truly yours,
~w~
Joseph E. Wooley
JW fme
cc: Judith Crelin Mayle, Esq.
Honorable Joseph Ruggerio
July 2, 2007
HAND DELIVERED
Ms. Andrea Paustian
121 Cooper Road
Unit #1
Fishkill, New York 12524
Dear Ms. Paustian:
In accordance with the provisions as set forth in Section 75 of the New York State Civil
Service Law, you (also referred to as "Employee 060107") are hereby notified of the following
charges of misconduct and/or incompetence preferred against you by the Town Supervisor,
Joseph Ruggiero.
MISCONDUCT AND/OR INCOMPETENCE
1. YOU WERE INSUBORDINATE AND/OR DERELICT IN YOUR JOB DUTIES
WHEN:
A. you failed to comply with the directive(s) of the Town Supervisor by failing to
prepare and/or submit monthly Trial Balance Reports to him for the period
covering in or about January 2006 through June 2007; and/or
B. you failed to comply with the directive(s) of the Town Supervisor by failing to
prepare and/or submit monthly Consolidated Statement of Revenues and
Expenses to the Town Supervisor for the period covering in or about January
2006 through November 2006, and in or about January 2007 through June 2007;
and/or
c. you failed to comply with the directive(s) of the Town Supervisor by failing to
prepare and/or submit on a daily basis, the Daily Cash Sheet Report to him for the
period covering in or about November 2006 through March 2007, and on or about
May 25, 2007 through July 2, 2007; and/or
D. you failed to comply with the directive(s) of the Town Supervisor by failing to
post the Town's accounting ledgers for the Due To and Due From accounts for
the period covering in or about January 2007 through June 2007.
2. YOU WERE DERELICT IN YOUR JOB DUTIES WHEN:
A. in or about the time period of January 2007 through May 2007, you failed to
prepare journal entries to post the Town's payroll transactions into the Town's
accounting system; and/or
B. in or about the time period of October 2006 through June 2007, you failed to post
journal entries for cash receipts and/or cash disbursement, on a daily basis; and/or
C. in or about the time period of January 2007 through May 2007, you failed to
reconcile the monthly Trial Balance report leaving unbalanced accounts in the
Road Reconstruction, ("HRR"); and/or the Wappinger Park ("HWP"); and/or the
Meadow Wood Water ("WW") capital funds; and/or
D. in or about the time period of November 2006 through June 2007, you failed to
conduct the monthly reconciliation of the General Disbursement Fund Account;
and/or
E. in or about the time period of January 2007 and April 2007, you filed the monthly
report and/or payment to the New York State Retirement System late; and/or
F. for approximately one year, despite repeated requests, you failed to respond to an
employee request for assistance regarding membership in the New York State
Retirement System, which required the Supervisor's office to intercede to resolve
the issue.
3. In or about the time periods of January 2007 through June 2007, you were late to work
for approximately twenty (20) days, and on many of those days, you failed to notify your
Supervisor that you would be late.
Be advised that you are allowed eight (8) days to file your answer in writing to this
charge and specification. Your answer is to be sent or delivered to me, and must be received no
later than the close of business on Tuesday, July 10,2007 at 4:00 p.m.
You may be represented by an attorney or a representative at this hearing. You may bring
witnesses to the hearing to testify on your behalf as you wish.
If you are found guilty of any of the specifications of misconduct listed above, you may
be given one of the following penalties:
1. Dismissal from service; or
2. Demotion in title and grade; or
3. A suspension without pay for a period not to exceed two months; or
4. A fine not to exceed $100.00, to be deducted from your salary or wages; or
5. A reprimand.
In this case, I am seeking your termination.
All further notices and communications addressed to you in connection with this charge
and specifications will be mailed to you at your address on record with the Town which is: 121
Cooper Road, Unit #1, Fishkill, New York 12524, unless you request in writing that such notices
and communications be sent to you at a different address.
You are hereby suspended with pay effective July 2, 2007 through July 6, 2007.
Further be advised that you shall be suspended without pay effective July 9, 2007, for a
period of thirty (30) work days, pending the hearing and determination of disciplinary charges
preferred against you. If you are acquitted of the charges, you will be restored to full pay for the
period of suspension without pay, less the amount of any unemployment benefits you may have
received during such period.
You will be notified of the date, time, and place of the hearing and the name of the
hearing officer.
Very truly yours,
Joseph Ruggiero
Town Supervisor
February 28, 2008
@
@
@
Re: Town of Wappinger Board of Ethics
Dear @@:
As you know, you have been appointed to the Town of Wappinger Board of
Ethics pursuant to Chapter 20 of the Town Code. I am transmitting to you the written
request of Councilwoman Maureen McCarthy, requesting a review of an alleged the
misappropriation of funds from the 2008 adopted Town of Wappinger Budget.
If you would like a copy of Chapter 20 of the Town Code, please advise and I will
provide it to you. It is also available on the Town of Wappinger website under the Town
Code.
The Board should convene to select a Chairman to initiate a review of this matter.
You should be guided by the Town Code as to your responsibilities.
You should be aware that the Town Attorney is away at this time, but has
suggested it would be more appropriate to consult with Gellert & Klein, P.C., who have
been appointed as Labor and Employment Counsel for the Town. Please contact Stephen
Ehlers, Esq., at 845-454-3250, for further advice..
Respectfully,
John C. Masterson
Town Clerk
Town of Wappinger
Chris Masterson
From:
Sent:
To:
jincoronato@optonline.net
Friday, February 29, 2008 1 :36 PM
Chris Colsey; towward3@optonline.net; BILLBEALE@AOL.COM; Vincent Bettina; ward4
@optonline.net; Chris Masterson
BOARD OF ETHICS INQUIRY
Subject:
Dear Board Members:
As you know, the Wappinger Town Board formally requested at its Feb. 25th meeting that the Wappinger Board
of Ethics convene to evaluate the allegation of a possible
misappropriation of funds appearing in Section 1220.100 (Salary) of the 2008 Town Budget -- and to provide an
advisory report to the Town Board at the conclusion of such inquiry.
Therefore, in a letter dated Feb. 28, Town Clerk
Masterson has notified me and other Ethics Board members to initiate our inquiry and to provide the Town
Board with a written recommendation at the end of our deliberations. To begin this confidential process, I will
be contacting each of your appointees to the Ethic Board for the purpose of meeting to help resolve this
important issue -- in accordance with the provisions and regulations of the Town of Wappinger
Personnel/Policy Manual (P. 7) dated 5/29/01.
As a reminder, the Ethics Board members are: Vincent
Francese, Joe Incoronato, Paul Pilon, Joseph Ruggiero and Robert Valdati. Should you have any questions or
concerns at this time, please advise.
Regards,
Joe 1.
1
Chris Masterson
From:
Sent:
To:
Subject:
Scott Volkman [svolkman@gklaw.us]
Thursday, February 28, 2008 10:33 AM
Chris Masterson
RE: Ethics Committee
Chris:
Does the personnel policy manual mentioned in the Feb 27th draft letter provide any more information than Chapter 20 of
the Code? Maybe you can also send me the section referred to in the letter.
Scott L. Volkman
Gellert & Klein, P.C.
75 Washington Street
Poughkeepsie, New York 12601
Telephone: 845-454-3250
Facsimile: 845-454-4652
Email: svolkman@gklaw.us
Website: www.gklaw.us
From: Chris Masterson [mailto:cmasterson@townofwappinger.us]
Sent: Thursday, February 28, 2008 10:35 AM
To: Scott Volkman
Subject: FW: Ethics Committee
-----Original Message-----
From: towward3@optonline.net [mailto:towward3@optonline.net]
Sent: Friday, February 22, 20082:53 PM
To: Chris Masterson
Subject: Ethics Committee
Chris,
Please consider this my formal written request asking you to notify members of the ethics committee of their
need to convene relative to the 2000.00 dollar (mis )appropriation from the 1220.100 section of the budget.
Please ask them to notify the board as to their recommendation regading this matter in writing.
thank you,
Maureen
1