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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 1 FAFlo's Docs\Copy of Florence Docs\Town Board Minutes\SEPTEMBER 16, 2003 SPM.doc 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. Documentl 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. 3 Documend (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. 0 L J. MO CLERK 4 F:\Flds Docs\Copy of Florence Docs\Town Board Minutes\SEPTEMBER 16, 2003 SPM.doc