Loading...
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