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POUND

RIDGE
LTBRARY

Pound Ridge Library District


27

\flescchester Avenue

Pound Ridge,

NY 10i76-1714

9t4-764 5085/Tel
914-764 5319lFax
www.poundridgeli brary. org

March 10,2016
Ms. Marilyn Tinter
100 Parkview Road
Pound Ridge, NY 10576

Re: Amended Civil Service Law Section 75 Charges


Dear Ms. Tinter:

In accordance with Civil Service Law Section 75, you are hereby notified that the
following charges are preferred against you:

CHARGE I _MISCONDUCT
INCOMPETENCE

NEGLECT OF DUTY AI\D/OR

Specification l. On one or more occasions between and including on or about October


2014 and December 1,2015, you directed one or more employees to check books out of and
back into the Library for the purposes of giving the book a "circulation."
Specification 2. On one or more occasions between and including on or about October
2014 and December I,20I5, you directed one or more employees to check books out of and
back into the Library in connection with the Library's "weeding" process.

1,

1,

Specification 3. When you engaged in the conduct set forth in Charge I, Specification 1
andlor Specification2,you caused the Library's circulations statistics to be inflated and/or
inaccurate and, in doing so, caused the library to provide the public with misleading circulation
statistics.

CHARGE II - INSUBORDINATION AND/OR MISCONDU CT AI\D/OR N-EGLECT OF


DUTY AND/OR INCOMPETENCE
Specification 1 . Between on or about November 25, 2015 and on or about December I ,
2015, you discussed Library's Consultant Ronni M. Travers' "Executive Draft November 25,
2015 Organizational Review and Worlace Environment Assessmenf'report ("the Report")
with one or more members of the Library staff andlor Junemarie Darwish and/or Alan Ramsey
when you knew or should have known that the Report and its contents were confidential and not
to be discussed with Library staff at that time.
Specification 2. Between on or about November 25,2015 and on or about December l,
2015, when you engaged in the conduct set forth in Charge II, Specification 1, you violated the
Library's Personnel Policy, Section 4.17 ("Confidentiality Statement"), which provides, in

Ms. Marilyn Tinter


March 10,20L6
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relevant part, and in sum and substance, that "[a]ny personnel information of a confidential
nature should only be discussed within executive session of the Board, and should only be
discussed with parties outside the Board who are involved in Board related duties on a 'need to
know' basis, as determined by the Board. Any form of public distribution of staff or patron nonpublic information is prohibited."

Specification 3. On or about January 7,2016, you lied and/or were untruthful to the
Library Board's investigator, Ronni M. Travers, when you stated, in sum and substance, that you
did not discuss arry part of the Report with one or more members of the Library staff.
Specification 4. On or about January 7,2016, when you engaged in the conduct set forth
in Charge II, Specification 3, you violated a directive from Ms. Travers that, in sum and
substance, you were to truthfully answer all of her questions.
Specification 5. On or about January 7,2016, when you engaged in the conduct set forth
in Charge II, Specification 3, you violated your own representation to Ms. Travers that, in sum
and substance, you would answer truthfully all of her questions.
Specification 6. On or about November 27,2015, you sought to intimidate andlor
rctaliate against Alan Ramsay for comments he allegedly made to Ms. Travers in connection
with her preparation of the Report when you stated to Mr. Ramsay, in sum and substance, that
you were "sad" about negative comments in the Report that you attributed to him.
Specification 7. On or about December 1,2015, you sought to intimidate and./or retaliate
against Alan Ramsay for comments he allegedly made to Ms. Travers in connection with her
preparation of the Report, when you sent Mr. Ramsay an e-mail about a job opening in another

library.
Specification 8. On or about December 1,2015, in a discussion regarding the Report, you
stated to one or more Library employees that, in sum and substance, employees should not go to
the Library Board with their grievances andlor issues they had with the Library.
Specification 9. On or about December 1,2015, when you engaged in the conduct set
forth in Charge II, Specification 8, you violated Library Personnel Policy Section 4.13 ("Open
Door Policy"), which provides, in relevant part, and in sum and substance, that "[i]f an employee
believes that a decision affecting him/her is unjust or inequitable, he/she should speak promptly
with the Director. If an issue remains unresolved after speaking with the Library Director, the
employee may contact the President of the Board of Trustees."

DUTY AID/OR INCOMPETENCE


Specification 1. On or about August 20,2015, you sent a letter to'Westchester County
Department of Human Resources representative Christopher Burkart, dated August 19,2015,
requesting, in sum and substance and in relevant part,that Jeffrey Robinette be reinstated to the

Ms. Marilyn Tinter


March 10,2016
Page 3

title of Library Clerk and, in doing so, violated an August 19,2015 directive from the Board
directing you, in sum and substance and in relevant part, not to undertake "arry staffrng moves
that would trigger a Civil Service commitment until further input can be obtained from the HR
consultants."
Specification 2. Between on or about October 23,2015 and on or about November 10,
2015, you failed to rescind your August 19, 2015 letter to Mr. Burkart requesting, in sum and
substance and in relevant part,thatJeffrey Robinette be reinstated to the title of Library Clerk,
despite being directed to do so on or about October 22,2015.

CHARGE TV _ NEGLECT OF'

AND/OR TNCOMPETN,NCE

Specification l. On one or more occasions between and including on or about January 1,


2015 and on or about October 31,2015, you failed to ensure that one or more Library employees
recorded andJor submitted accurate records of their hours worked.
Specihcation 2. On one or more occasions between and including on or about January l,
2015 and on or about October 31,2015, you failed to sign andlor certifu the accuracy of one or
more part-time employees' time sheets.

Specification 3. On one or more occasions between and including on or about January l,


2015 and on or about October 31,2015, you failed to monitor and/or track the amount of
overtime worked by one or more employees, as a result of which you were unable to ensure that
one or more employees were properly compensated for overtime.
Specification 4. On one or more occasions between and including on or about January I,
2015 and on or about October 31,2015, you failed to ensure that one or more employees
recorded and/or reported when they took meal periods.
Specification 5. On one or more occasions between and including on or about January l,
2015 and on or about October 31,2015, you allowed one or more employees to be paid for their
meal periods in violation of Library Personnel Policies Section 4.33 ("Breaks"), which provides,
in relevant part, and in sum and substance, that meal periods are to be unpaid.
Specification 6. On one or more occasions between and including on or about January
2015 and on or about October 31,2015, you failed to accurately track and/or monitor one or
more employee's accruals and/or use of paid leave time.

1,

Specification 7. On one or more occasions between and including on or about January


2015 and on or about October 3I,2015, you failed to maintain orgarrjzedand/or complete
personnel files for one or more members of the Library's staff.

1,

Ms. Marilyn Tinter


March 10,2016
Page 4

CHARGE V _MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR


INCOMPETENCE
Specification I . On or about November 13 , 2015 , you lied or \Mere untruthful when you
stated, in sum and substance, that Junemarie Darwish had submitted work logs documenting the
work that she had performed off-site for the Library.

CHARGE VI _ INSUBORDINATION AID/OR MISCOI\DUCT AND/OR NEGLECT OF


DUTY
Specification 1. On or about November 12,2015, you violated a directive from the
Library Board issued on or about November 10,2015 that you were to send President Trostle the
Westchester County Department of Human Resources Personnel Transaction Form (LJ-l) for
Deborah Kivisalu's resignation from fuIl-time Library Clerk.
Specification 2. On or about November 12,2015, you violated a directive from the
Library Board issued on or about November 10, 2015 that you were to send President Trostle the
Westchester County Department of Human Resources Personnel Transaction Form (LJ-l) for
Deborah Kivisalu's appointment to part-time Library Clerk.
Specihcation 3. On or about November 12,2015, you violated a directive from the
Library Board issued on or aboutNovember 10, 2015 that you were to send President Trostle the
Westchester County Department of Human Resources Personnel Transaction Form (LJ-l) for
Jefrey Robinette's temporary appointment to increased hours as a Library Clerk.

CHARGE VII _ NEGLECT OF DUTY AND/OR INCOMPETENCE


Specification l. On or about November 12,2015, you failed to properly report to the
Westchester County Department of Human Resources Deborah Kivisalu's resignation from her
position as full-time Library Clerk, when you did not send the Department a completed
Personnel Transaction Form (LJ-1) with an attached copy of Ms. Kivisalu's resignation letter.

CHARGE VIII _INSTIBORDINATION AI\D/OR MISCONDUCT AND/OR NEGLECT


OF DUTY
Specification 1. On or about November 12,2015, you violated a directive from the
Library Board issued on or about November 10,2015 that you were to properly report to the
Westchester County Department of Human Resources Deborah Kivisalu's resignation from her
position as full-time Library Clerk, when you did not send the Department a completed
Personnel Transaction Form (LJ-1) with an attached copy of Ms. Kivisalu's resignation letter.

Ms. Marilyn Tinter


March 10,2016
Page 5

CHARGE IX _ INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF


DUTY AND/OR INCOMPETENCE
Specification l. On one or more occasions between and including on or about September
5,2015 through and including on or aboutNovember 24,2015, you permitted Library Clerk
Deborah Kivisalu to work on days other than Saturday and/or in excess of eight hours per week
in violation of one or more directives from the Library Board.
Specification 2. On or about October 29,2015, you lied and/or were untruthful to
President Trostle when you told her, in sum and substance, that Deborah Kivisalu was present at
the Library on or about October 29,2015 to attend aLibrary program but not in her capacity as a
Library employee, when she was in fact working in her capacity as a Library Clerk.

CHARGE X_ INST]BORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF


DUTY AIID/OR INCOMPETENCE
Specification 1. You did not report your April 9,2015 workplace injury in a timely
manner
Specif,rcation 2. When you engaged in the conduct set forth in Charge X, Specification l,
you violated Library Personnel Policy Section 4-16 ("Accident Reporting Procedures"), which
provides, in relevant part, and in sum and substance, that "[w]hen work related injury or illness
occurs, it is the employee's responsibility to inform hislher supervisor immediately."

Specification 3. When you engaged in the conduct set forth in Charge X, Specification 1,
you violated Library Personnel Policy Section 4.46 ("Workers' Compensation Insurance"),
which provides, in relevant part, and in sum and substance, that "[t]o ensure your physical wellbeing and the correct processing of these claims, you must notiff your Supervisor immediately
about any injury occurring during and as a result of employment, no matter how slight."
Specification 4. On or about April22,20l5, you filed workers' compensation forms on
behalf of the Library with regard to your April 9, 2015 worlace injury, even though you \ /ere
not authorizedto do so.
Specification 5. On or about May l, 2015, you returned to work from a medical leave
without hrst providing the Library Board with a doctor's note verifiing your fitness to return to
work.
Specification 6. Your conduct as set forth in Charge X, Specification 5 violated Library
Personnel Policy Section 4.51 ("Family Medical Leave Act"), which provides, in relevant part,
and in sum and substance, that "[e]mployees retuming from medical leave must submit a health
care provider's verification of their firess to return to work."
Specification 7. On or about May 13, 20t5, you emailed then Board President Diane
Mazzantithat,"I am able to resume my full duties without any restrictions necessary in order to

Ms. Marilyn Tinter


March 10,2016
Page 6

fulfill my responsibilities"

and/or "my doctor/health care provider prepared a letter stating that I


was able to return to work and perform my regular duties as Director", even though the May l,
2015 letter from your doctor/health care provider indicated restrictions on your retum to work.

Specification 8. Your failure to provide and/or have provided to the Board in a timely
manner the May l,2015letter from your doctor/health care provider resulted in the Board being
unable to accurately determine the timing of your anticipated return to work and, as a result, the
need and extent for coverage for your work.
Specification 9. Despite being directed to do so by President Trostle on or about
November 17,2015, you refused and/or were unable to produce any of the workers'
compensation documents associated with your workers' compensation claim.
Specification 10. Despite being directed to do so by President Trostle on or about
November 17,2015, you refused and/or were unable to produce the Library's current workers'
compensation policy.

CHARGE XI _ INSUBORDINATION ANDiOR MISCONDUCT AND/OR NEGLECT OF


DUTY AND/OR INCOMPETENCE
Specification l. On one or more occasions between on or about September 16,2014
through and including on or about October 7,2014, you permitted books sales to occur inside the
Library notwithstanding one or more Board directives that you discontinue them.

You are entitled to answer these charges. The answer is due eight days after the charges
are served on you, excluding the day on which you receive them.
You are entitled to a hearing on these charges and to be represented at the hearing by
counsel or a representative of a recognizedor certihed employee organization. A transcript will
be made of the proceeding. You should be prepared at the hearing to present witnesses and other
proof as you may have in your defense against the charges.
The hearing will be conducted on March 24,2016 at 10:00 a.m., before Hearing Officer
Steven Kasarda, Esq., at the Pound Ridge Library District, 271 V/estchester Ave, Pound Ridge,
NY 10576.

If you are found guilty of any of these charges, the penalty or punishment imposed on
you may consist of dismissal from the service, demotion in grade and title, suspension without
pay, a fine, or a reprimand.
Pending the determination of these charges, you are hereby suspended with pay, effective
the day after you receive the charges.

All further notices and communications addressed to you in connection with these
charges will be mailed to your latest address on record with the Library, which is 100 Parkview

Ms. Marilyn Tinter


March 10,2016
Page 7

Road, Pound Ridge, NY 10576 unless you request, in writing, that same be sent to you at a
different address or to your representative.

Very truly yours,

Erin Trostle
President, Board of Trustees
Due and timely service of a copy of the within
Charges is hereby admitted this _ day of

20t6

Marilyn Tinter
cc

Jonathan Lovett, Esq.

Richard K. Zuckerman, Esq