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2022-165 2022-165 Resolution Authorizing Retainer Agreement With Labor Counsel For A Special Investigation Into A Workplace Complaint 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 14, 2022. The meeting was called to order by Richard Thurston, Town Supervisor, and upon roll being called, the following was recorded: ✓Vote Record-Resolution RES-2022-165 Q Adopted Yes/Aye No/Nay Abstain Absent ❑ Adopted as Amended Richard Thurston Voter Q ❑ ❑ ❑ ❑ Defeated William H.Beale Mover Q ❑ ❑ ❑ ❑ Tabled Angela Bettina Seconder Q ❑ ❑ ❑ ❑ Withdrawn Christopher Phillips Voter Q ❑ ❑ ❑ Al Casella Voter Q ❑ ❑ ❑ The following Resolution was introduced by Councilman Beale and seconded by Councilwoman Bettina. WHEREAS, an employee of the Town has filed a written complaint regarding actions that are in violation of certain employment policies of the Town of Wappinger; and WHEREAS, the Town Board has determined that the allegations warrant an independent and confidential investigation to ascertain the facts of the case while preserving the privacy and due process rights of all parties involved; and WHEREAS, the Town Board, upon advice of the Attorney to the Town, believes that it should retain Special Labor Counsel to conduct a full investigation, including an interview of witness and gathering documentary evidence; and WHEREAS, the Town Board directs that Special Labor Counsel prepare a report after its investigation, subject to attorney-client privilege, describing the results of its investigation together with any recommendations to the Town Board; NOW THEREFORE BE IT RESOLVED,that Special Labor Counsel Catania, Mahon & Rider, PLLC, be retained as Special Counsel to investigate, render factual findings regarding and make, if appropriate, remedial recommendations addressing complaints of violations of certain employment policies of the Town; and BE IT FURTHER RESOLVED,that upon the conclusion of its investigation, Special Labor Counsel is directed to prepare a confidential, written attorney-client privileged report to the Town Board memorializing such investigation, related factual findings and suggested remedial actions; and BE IT FURTHER RESOLVED,that the rates for the services for this investigation are those established in the retainer agreement for Special Counsel Services between the Town of Wappinger and Catania, Mahon & Rider, PLLC; and BE IT FURTHER RESOLVED,that the Supervisor is hereby authorized and directed to sign the retainer letter dated November 8, 2022. The foregoing was put to a vote which resulted as follows: RESULT: ADOPTED [UNANIMOUS] MOVER: William H. Beale, Councilman SECONDER: Angela Bettina, Councilwoman AYES: Thurston, Beale, Bettina, Phillips, Casella Dated: Wappingers Falls, New York 11/14/2022 The Resolution is hereby duly declared Adopted. JOSS P P. PAOLONI, TOWN CLERK