SUPREME COURT OF THE STATE OF NEW YORK. COUNTY OF WESTCHESTER x In the Matter of the Article 78 Application of MARILYN TINTER, Petitioner, -against- BOARD OF TRUSTEES OF THE POUND RIDGE LIBRARY DISTRICT and POUND RIDGE LIBRARY DISTRICT, Respondents. x NOTICE OF PETITION PLEASE TAKE NOTICE that, upon the verified petition of Petitioner, Marilyn Tinter, sworn to on December 10, 2016, the affirmation of Anthony L. Tersigni, dated December 12, 2016, the exhibits attached thereto, the accompanying memorandum of law and the entire record of the disciplinary proceeding brought against Petitioner by Respondents pursuant to Section 75 of the Civil Service Law, the undersigned will move this Coun, at IAS Part ___, on January 18, 2017, at 9:30 a.m., or as soon thereafter as counsel can be heard, at the Courthouse, 111 Martin Luther King Jr. Blvd., Room __, White Plains, New York, for an order and judgment, pursuant to Section 76 of the Civil Service Law and CPLR 7801 through 7804 and 7806, inclusive, as follows: (a) directing Respondents, pursuant to CPLR 7804(e), to file with the Clerk of this Court a certified copy of the record of the disciplinary proceeding brought against Petitioner by Respondents pursuant to Section 75 of the Civil Service Law, including the transcript of the hearing and the exhibits received in evidence or marked for identification at said hearing, unlesssuch a certified copy of the record has already been filed by Respondents before the time at which the petition is noticed to be heard; (b) granting Petitioner judgment, pursuant to Section 76 of the Civil Service Law and CPLR 7806, on each of the grounds set forth in CPLR 7803(1) through 7803(4), inclusive, annulling the purported termination of Petitioner's employment by Respondents, dismissing Respondents’ charges against Petitioner and directing Respondents to reinstate Petitioner as. Director of the Pound Ridge Library, with back pay, benefits and any other compensation to which Petitioner is entitled; and (©) transferring the instant proceeding to the Appellate Division, Second Department, in accord with CPLR 7804(g); (@) together with such other or further relief to which Petitioner may be entitled. PLEASE TAKE FURTHER NOTICE, pursuant to CPLR 7804(c), that an answer to the verified petition herein and supporting affidavits, if any, are required to be served on the ‘undersigned at least five (5) days before the time at which the petition is noticed to be heard. Dated: New York, New York December 12, 2016 MEYERS TERSIGNI FELDMAN & GRAY LLP By; “Anthony L. Tesi Andrea Tersigni Attorneys for Petitioner 14 Wall Street, 30” Floor New York, New York 10005 (212) 422-1500 TO: BOARD OF TRUSTEES OF THE POUND RIDGE LIBRARY DISTRICT and POUND RIDGE LIBRARY DISTRICT Respondents 271 Westchester Avenue Pound Ridge, New York 10576-1714SUPREME COURT OF THE STATE OF NEW YORK OCLMANE | COUNTY OF WESTCHESTER i 00023061: In the Matter of the Article 78 Application of MARILYN TINTER, Petitioner, indesNo. ZB3BIVK-1G -against- BOARD OF TRUSTEES OF THE POUND RIDGE LIBRARY DISTRICT and POUND RIDGE LIBRARY DISTRICT, Respondents. x VERIFIED PETITION Petitioner, Marilyn Tinter (Ms. Tinter”), by her undersigned attomeys, respectfully alleges: ‘The Parties 1. Ms. Tinter, an employee of the Pound Ridge Library (the “Library") for more than 40 years, and the Library's Director for more than 30 years, brings this proceeding, pursuant to Section 76 of the New York Civil Service Law and Article 78 of the CPLR, to seek judicial review of the purported termination of her employment as the Library's Director based on alleged disciplinary charges asserted against her under Section 75 of the Civil Service Law. 2. Ms. Tinter is a long-time resident of the Town of Pound Ridge, Westchester County, New York, where the Library is located 3. Upon information and belief, Respondent Board of Trustees of the Pound Ridge Library District (the “Board”) is a body created under a charter, dated February 19, 2003, granted by the Board of Regents of the State of New York.4. Respondent Pound Ridge Library District (the “District") is a library district created and chartered by statute. 3. The District is managed, operated and controlled by the Board, which acts on the Distriet’s behalf, subject to applicable law. Petitioner's Notice of Claim 6. On October 12, 2016, the District, through the Board, was served with a Notice of Claim on Ms. Tinter’s behalf seeking her reinstatement as Director of the Library, with back pay ‘and benefits, and reimbursement for all attorneys’ fees and expenses incurred by her as a result of the proceedings brought against her by the Board on behalf of the District. 7. More than 30 days have elapsed since the service of Ms, Tinter's Notice of Claim. However, to date, the Board, on the District’s behalf, has failed and/or refused to reinstate Ms. Tinter as Director of the Library or otherwise adjust Ms. Tinter’s claim. Summary of the Dis ry Proceeding Brought against Petitioner 8 By letter dated February 23, 2016, Erin Trostle (“Trostle"), the then-President of the Board, notified Ms. Tinter that ten charges of “insubordination and/or misconduct and/or neglect of duty and/or incompetence” were preferred against Ms. Tinter in the name of the District, in accordance with Civil Service Law Section 75. 1016, Trostle purported to designate By a separate letter, also dated February 2: Steven C. Kasarda (“Kasarda”) to hold a hearing on the February 23, 2016 disciplinary charges against Ms. Tinter and on any amendments or supplements to those charges that might thereafter be preferred, In the same letter, Trostle directed Kasarda to cause a transcript to be made of the hearing and, following his analysis, to submit the record of the hearing, with his recommendations, for the Board's review and decision. we10. On February 29, 2016, an answer was served on Ms. Tinter’s behalf in which she ‘ion asserted against her. denied each charge and specific: 11. By letter dated March 10, 2016, Trosile notified Ms. Tinter that amended Civil fer in the name of the Distri Service Law Section 75 charges were preferred against Ms. alleging, as did the original charges, “insubordination and/or misconduct and/or neglect of duty and/or incompetence.” 12. Commencing on March 24, 2016 and extending to September 15, 2016, for a total of eight days, Kasarda conducted a bifurcated hearing on the March 10, 2016 amended charges against Ms. Tinter. 13, On or about August 30, 2016, Kasarda submitted an Interim Report and Recommendation, in which he concluded that he found “credible evidence to sustain” 38 of 40 specifications under the eleven amended charges of March 10, 2016 asserted against Ms. Tinter. 14, On or about September 26, 2016, Kasarda submiticed a Final Report and Recommendation, in which he concluded that the record as a whole “supports by substantial evidence” the March 10, 2016 amended charges against Ms. Tinter and recommended that Ms. Tinter’s employment be terminated. 15. Approximately six and a half hours later the same day, September 26, 2016, the Board purported to adopt, by a vole of 5-0, a resolution according to which the Board “aecept{ed] in its entirety the Hearing Officer's Interim Report and Recommendation and the Final Report and Recommendation” and “the employment of Marilyn Tinter (was] (thereby terminated, effective September 27, 2016." 16. By letter dated September 28, 2016, Trostle notified Ms. Tinter that her employment was terminated, effective September 27, 2016, and that her benefits, including herinsurance coverage, were terminated, effective September 30, 2016. 17. Upon information and belief, the members of the Board who voted to terminate Ms. Tinter’s employment on September 26, 2016 merely rubber-stamped the two reports submitted by Kasarda, without reviewing the record of the hearing conducted by Kasarda on the amended charges against Ms. Tinter, a record consisting of the hearing transcript in excess of 1,700 pages and 138 exhibits. Petitioner's Grounds for Relief 18. Ms. Tinter’s request for relief in this proceeding is supported by the following grounds: (a) The record is devoid of any written designation by the Board directing Kasarda to hold a hearing on the amended charges of March 10, 2016. In the absence of such a written designation by the Board, there was no jurisdiction for Kasarda to hold a hearing on the amended charges or for the Board to terminate Ms. Tinter's employment based on Kasarda’s reports regarding the amended charges. Trostle’s February 23, 2016 letter to Kasarda was not the act of the Board and was insufficient as a matter of law to designate Kasarda to hear and report on the amended charges. Therefore, Kasarda’s hearing and reports regarding the amended charges and the Board's purported termination of Ms. Tinter’s employment based on the amended charges were null and void. (©) The Board, as constituted at the time disciplinary charges were prosecuted against Ms. Tinter and her employment terminated, was not impartial and, from the outset, the Board prejudged the charges against Ms. Tinter. In purporting to terminate Ms. Tinter's employment, the Board was motivated by bias and prejudice against Ms. Tinter and acted in bad1, ot as an impartial decision maker. The Board thereby deprived Ms. Tinter of the due process to which she was entitled. (©) AC east (wo members of the Board, if not the entire Board, who voted to terminate Ms. Tinter’s employment on September 26, 2016 (Trustees Erin Regan and Robert Fischer), were disqualified from participating in the vote by reason of their involvement in the events underlying the charges, their lack of impartiality and their bias and hostility towards Tinter. ‘Therefore, the votes of Trustees Regan and Fischer could not be used to support the ¢ there were only five votes in support of the resolution, the remaining resoluti in issue. three votes did not constitute a quorum, or a majority of a quorum, under the Library's by-laws, thus rendering the Board's purported resolution of September 26, 2016 null and void. (@) Kasarda should have disqualified himself based on his failure to disclose his existing participation with the Board’s counsel in at least one other disciplinary proceeding in which Kasarda was designated to act as hearing officer and stood to earn substantial fees. Kasarda’s failure to disclose his relationship with the Board's counsel, coupled with the fact that he ignored compelling record evidence demonstrating Ms. Tinter’s innocence, undermined the appearance of impartiality and thereby negated a basic element of due process. (©) Kasarda also erroneously refused to accept and consider additional testimony and documentary evidence which further demonstrated the Board's bad faith and Ms. ‘Tinter’s innocence, including, but not limited to, Respondent Exhibits DD, Y and Z. (0 The Board made no independent review of the record of the disciplinary hearing conducted by Kasarda and no specific findings to support its rubber-stamp adoption of Kasarda’s reports, (g) Under the circumstances of this case, “preponderance of the evidence,”rather than “substantial evidence,” was the correct burden of proof required to be applied in determining the charges against Ms. Tinter. Nevertheless, Kasarda's reports, rubber-stamped by the Board, erroneously applied the less stringent “substantial evidence” burden of proof. jon of the incorrect burden of (h) Apart from Kasarda’s erroneous appli proof, the charges against Ms. Tinter and the Board's determination are not supported even by substantial evidence, based on the entire record. In fact, Kasurda’s reports ignored uncontroverted testimony and documentary evidence establishing Ms. Tinter's innocence of the charges against her. (@ The penalty of termination assessed against Ms. Tinter is grossly excessive, shocking to one’s sense of fairness and unconscionable. 19. No prior application has been made by Petitioner for the relief requested in this proceeding. WHEREFORE, Petitioner respectfully requests judgment annulling the determination of the Board which purported to terminate her employment, dismissing the charges against Petitioner and directing Respondents to reinstate Petitioner as Director of the Pound Ridge Library, with back pay, benefits and any additional compensation to which Petitioner is entitled, together with such other and further relief that the Court may deem proper. Dated: New York, New York December 12, 2016 MEYERS TERSIGNI |AN & GRAY LLP a By: ‘Anthony L. Tersi Andrea Tersigni Attorneys for Petitioner 14 Wall Street, 30" Floor New York, New York 10005 (212) 422-1500VERIFICATION: STATE OF NEW YORK COUNTY OF WESTCHESTER Marilyn Tinter, being duly sworn, deposes and says: 1am the petitioner in this proceeding. I have read the foregoing petition and know the contents thereof. The same is true to my own knowledge, except as to matters therein stated to be alleged upon information and belief, and as to those matters I believe them to be true. ‘Swom to before me on the 10 day of December, 2016 ¢ d et XY [Eithegeen ‘Notaiy Public ORTERISSISO : ad ou yleataleat. @ Cocretnietem Bepeioe 30 79SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER, In the Matter of the Article 78 Application of x MARILYN TINTER, Petitioner, -against- BOARD OF TRUSTEES OF THE POUND. RIDGE LIBRARY DISTRICT and POUND RIDGE LIBRARY DISTRICT, Respondents. x AFFIRMATION Anthony L. Tersigni, an attorney duly admitted to practice in the courts of the State of New York, affirms the fallowing to be true, under penalties of perjury: 1, Tam a member of the firm of Meyers Tersigni Feldman & Gray LLP, attorneys for Petitioner, Marilyn Tinter (“Ms. Tinter” or “Petitioner”), in this Article 78 proceeding. 1 respectfully submit this affirmation to inform the Court regarding various background facts leading to the commencement of the instant proceeding and to place before the Court documents relevant to the determination of the merits of the petition. I have personal knowledge of the facts set forth below and/or knowledge based on documentary evidence in my possession. 2. Ms. Tinter, an employee of the Pound Ridge Library (the “Library”) for more than 40 years, and the Library's Director for more than 30 years, brings this proceeding, pursuant to Section 76 of the New York Civil Service Law and Article 78 of the CPLR. She seeks judicial review of the purported termination of her employment as the Library's Director based on alleged disciplinary charges asserted against her under Section 75 of the Civil Service Law bythe Board of Trustees of the Pound Ridge Library District (respectively, the “Board” and the “District” or collectively “Respondents”. 3. One of the issues raised in this proceeding is whether the determination made as the result of the hearing held on the purported charges aguinst Ms. Tinter is supported by substantial evidence. Therefore, in accord with CPLR 7804(g), this Cour, after first disposing of certain designated objections, if any, as may be applicable, is required by statute to transfer this proceeding to the Appellate Division, Second Department. I Service employee, her employment 4, Given Ms. Tinter’s status as a protected Ci cannot be terminated except for incompetence or misconduct shown after a hearing upon siated charges pursuant to Section 75 of the Civil Service Law. It is Ms. Tinter's position that the Board, acting on behalf of the District, embarked on a predetermined bad-faith plan to get rid of her for reasons unrelated to any alleged incompetence or misconduct on her part, Pursuant to that bad-faith plan, the Board concocted picayune and baseless charges against Ms. Tinter and, after rubber-stamping two reports by a privately selected hearing officer compensated by the District, who recommended Ms. Tinter’s dismissal, hurriedly adopted a resolution purporting to terminate her 40-year employment. The Board did so without reviewing the record of the hearing, notwithstanding Ms. Tinter’s unblemished employment record and the strong support accorded her by the Pound Ridge community. {As indicated in the verified petition, the hearing on the charges against Ms. Tinter (the “hearing") extended over eight days and generated a record comprised of a hearing transcript of 1734 pages and 138 exhibits. 6. Pursuant to CPLR 7804(c), Respondents are required to file with this Court a certified copy of the record of the underlying disciplinary proceeding no later than the due dateof their answer to the petition. In support of Ms. Tinter’s petition, I incorporate by reference the {estimony and documentary evidence establishing Ms. Tinter's innocence of the charges against her, which was presented at the hearing initiated by Respondents. 7. In addition, the following are respectfully submitted as part of this affirmation, in support of the petition: Exhibit 1 is a copy of the initial February 23, 2016 charges preferred against Ms. Tinter. Exhibit 2 is a copy of the purported February 23, 2016 designation by Erin Trosile (°Trostle”), the Board’s then-President, allegedly appointing Steven Kasarda (“Kasarda”) as the hearing officer with respect to the charges against Ms. Tinter. Exhibit 3 is a copy of the March 10, 2016 amended charges asserted against Ms. Tinter. Exhibit 4 is a copy of Kasarda’s Interim Report and Recommendation, dated August 30, 2016. Exhibit 5 is a copy of Kasarda’s Final Report and Recommendation, dated September 26, 2016. Exhibit 6 is a copy of the minutes of the meeting of the Board held on September 26, 2016. Exhibit 7 is a copy of the September 28, 2016 Jetter signed by Trostle and addressed to ‘Ms, Tinter. Exhi a copy of the minutes of the meeting of the Board held on February 16, 2016. Exhibit 9 is a copy of the Affidavit of Michele Gage received in evidence at the hearing as Respondent Exhibit EE.Exhibit 10 is a copy of the Affidavit of Kenneth E. Tumer received in evidence at the hearing as Respondent Exhibit FF. Exhibit 11 is a copy of the Affidavit of Vincent J. Manna marked for identification at the hearing as Respondent Exhibit DD. Exhibit 12 is a copy of an e-mail string marked for identification at the hearing as Respondent Exhibit Y. Exhibit 13 is a copy of an e-mail string marked for identification at the hearing as Respondent Exhibit Z. Exhibit 14 is a copy of the Affidavit of Elise A. Burke received in evidence at the hearing as Respondent Exhibit G. Exhibit 13 is a copy of the report entitled “President's Report-Oct. 27, 2016,” signed by the Board’s current President, with the attached letter incorporated therein by reference, dated October 13, 2016, signed by the Deputy Commissioner of Human Resources of Westchester County. Exhibit 16 is a copy of the Affidavit of Elizabeth Hand received in evidence at the hearing as Respondent Exhibit GG. Exhibit 17 is a copy of the Affidavit of Nancy Beckerman received in evidence at the hearing as Respondent Exhibit HH. Exhibit 18 is a copy of Ms. Tinter's “Pound Ridge Library Professional Career Highlights,” received in evidence at the hearing as Respondent Exhibit II. Exhibit 19 is a copy of the By-Laws of Pound Ridge Library District, revised as of July 1, 2014, received in evidence at the hearing as Respondent Exhibit E. Exhibit 20 is a copy of the Pound Ridge Library District Absolute Charter, dated March23, 2004, Exhibit 21 is a transcription of the audio recording received in evidence at the hearing as, Library Exhibit 4 Exhibit 22 is a copy of Petitioner's October 11, 2016 Notice of Claim. 8. For the reasons set forth in the verified petition and discussed in the accompanying memorandum of law submitted on behalf of Petitioner, it is respectfully submitted that a judgment should be granted annulting the determination of the Board which purported to terminate Petitioner's employment, dismissing the charges against Petitioner and directing Respondents to reinstate Petitioner as Director of the Pound Ridge Library, with back pay, such other and benefits and any other compensation to which Petitioner is entitled, together wi further relief as may be deemed proper. Dated: New York, New York December 12, 2016 Anthgfy L. TersigniEyl bit |beyy POUND asset aypalte WE" DGE ene BEEZ, LipRaRY oS Der uditdgelil " Peery Ms. Marilyn Tinter 100 Parkview Road Pound Ridge, NY 10576 Re: Civil Service Law Section 75 Charnes Dear Ms, Tinter: In accordance with Civil Service Law Section 75, you ure hereby nolified that the following charges are preferred agoinst you: CHARGE [< INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE Specification |. Between on or about November 25, 2015 and on or about December 1, 2015, you discussed Library's Consultant Ronni M. Travers’ “Executive Draft November 25, 2015 Organizational Review and Workplace Environment Assessment” report (“the Report”) swith one or more members of the Library staff and/or 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 1, 2015, when you engaged in the conduct sct forth in Charge I, Specification 1, you violated the Library's Personnel Policy, Section 4.17 (“Confidentiality Statement”), which provides, in 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 non- public 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 any 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 I, Specification 3, you violated a directive from Ms, Travers that, in sum and substance, you were to truthfully answer all of her questions. Specitivatio in Charge |, Specification 3, you violated your vsn repves and substance, you would answer truthfully all of her 4‘Ms, Marilyn Tinter February 23, 2016 Page 2 Specification 6. On or about November 27, 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 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 be 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 rary. 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 and/or issues they had with the Library. ‘Specification 9. On or about December 1, 2015, when you engaged in the conduct set forth in Charge I, 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}fan employee believes that a decision affecting hinv/her is unjust or inequitable, he/she should speak promptly with the Director. [f'an issue remains unresolved after speaking with the Library Director, the employee may contact the President of the Board of Trustees.” CHARGE I - INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/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 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 “any staffing 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, that Jeffrey Robinette be reinstated to the ttle of Library Clerk, despite being directed to do so on ot about October 22, 2015. [EGLECT OF DUTY AND/OR INCOMPETENCE CHARGE ID Specification 1. 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 and/or submitted accurate records of their hours worked.Ms. Marilyn Tinter February 23, 2016 Page 3 Specification 2. On one or more occasions between and including on or about January 1, 2015 and on or about October 31, 2015, you failed to sign and/or certify 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 1, 2015 and on or about October 31, 2015, you feiled 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 cone or more employees were properly compensated for overtime. 8 ion 4, 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 employees recorded and/or reported when they took meal periods. Specification 5. On one or more occasions between and including on or about January 1, 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 1, 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. Specification 7, On one or more occasions between and including on or about January 1, 2015 and on or about October 31, 2015, you failed to maintain organized and/or complete personnel files for one or more members of the Library's staff. CHARGE IV -MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE Specification 1. On or about November 13, 2015, you lied or were 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 V - INSUBORDINATION AND/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 (o send President Trostle the ‘Westchester County Department of Human Resources Personnel Transaction Form (LJ-1) for Deborah Kivisalu’s resignation from full-time Library Clerk. ‘Specification 2. On or about November 12. 2015, you violated a direciive 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-1) for Deborah Kivisalu’s appointment to part-time Library Clerk.Ms. Marilyn Tinter February 23, 2016 Page 4 Specification 3. 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-1) for Jeffrey Robinette's temporary appointment to increased hours as a Library Clerk. CHARGE Vi - NEGLECT OF DUTY AND/OR INCOMPETENCE Specification 1. 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 acompleted Personnel Transaction Form (LJ-1) with an attached copy of Ms. Kivisalu’s resignation letter, CHARGE VII -INSUBORDINATION AND/OR MISCONDUCT ANDIOR 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. CHARGE VIM ~ INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT QF DUTY AND/OR INCOMPETENCE Specification 1. On one or more occasions between and including on or about September 5, 2015 through and including on or about November 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 o about October 29, 2015 to attend a Library program but no in her capacity as a Library employee, when she was in fact working in her capacity as a Library Clerk (CHARGE IX ~ INSUBORDiNATION AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE ‘Specification 1. You did not report your April 9, 2015 workplace injury in a timely ‘manner. Specification 2. When you engaged in the conduct set forth in Churge IX, Specification 1, 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 1o inform his/her supervisor immediately.”Ms. Marilyn Tinter February 23, 2016 Pape 5 Specification 3. When you engaged in the conduct set forth in Charge IX, 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]Jo ensure your physical well- being and the correct processing of these cluims, you must notify your Supervisor immediately about any injury occurring during and as a result of employment, no matter how slight.” Specification 4. On or about April 22, 2015, you filed workers’ compensation forms on behalf of the Library with regard to your April 9, 2015 workplace injury, even though you were not authorized to do so. ‘Specification 5. On or about May 1, 2015, you retumed to work from a medical leave without first providing the Library Board with a doctor’s note verifying your fitness to return to work. Specification 6, Your conduct as set forth in Charge IX, Specification 5 violated Library Personnel Policy Section 4.51 (“Family Medical Leave Act”), which provides, in relevant part, and in sum and substance, that “[eJmployces returning from medical leave must submit a health care provider's verification of their fitness to return to work.” Specification 7. On or about May 13, 2015, you emailed then Board President Diane Mazzanti that, “Tam able to resume my full duties without any restrictions necessary in order to 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 1, 2015 letter from your doctor/health care provider indicated restrictions on your return to work. Specification 8. Your failure to provide and/or have provided to the Board in a timely ‘manner the May 1, 2015 letter 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 X - INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE Specification 1. 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.‘Ms. Marilyn Tinter February 23, 2016 Page 6 ‘You are entitled to answer these charges. The answer is due eight days afler the charges are served on you, excluding the day on witich 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 recognized or certified employee organization. A transcript will bbe made of the proceeding. You should be prepared al the hearing (o present witnesses and other proof as you may have in your defense against the charges. ‘The hearing wili be conducted on March 24, 2016 at 10:00 a.m., before Hearing Officer Steven Kasarda, Esq., at the Pound Ridge Library District, 271 Westchester Ave, Pound Ridge, NY 10576. Ifyou 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 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 2016 Marilyn Tinter Jonathan Lovett, Esq. Richard K, Zuckerman, Esq,Eyhiloit Es271 Westchester Avenue Noli Ea - GE teint, al NA LIBRARY seaman a ‘www:poundiidgelibraniong February 23, 2016 Steven Kasarda, Esq. 300 Martine Avenue Suite C2C White Plains, NY 10601 Dear Mr. Kasarda: Pursuant to Section 75 of the Civil Service Law, you are hereby designated and directed to hold a hearing on the disciplinary charges against Marilyn Tinter, dated February 23, 2016, and on any amendments or supplements to the charges as may hereafter be preferred. You must cause a transcript to be made of the hearing and, following your analysis, you must submit the record of the hearing to the Library Board with your recommendations for its review and decision. This will confirm that the date for the hearing will be on March 24, 2016 at 10:00 a.m. at the Pound Ridge Library District, 271 Westchester Ave., Pound Ridge, NY 10576. The attomey handling this case for the Library will be Richard K. Zuckerman, Esq. of the law firm of Lamb & Bamosky, LLP, 534 Broadhollow Road, Suite 210, Melville, New York 11747, (631) 694-2300. Very truly yours, x2 Mite Dr ~ Erin Trostle President, Board of Trustees ce: Richard K. Zuckerman, Esq,Exhibit 3sad i Di POUND pieetarie \E RIDGE Pound Ridge, NY 10576-1714 ea 914-764 5085/TA BY LIBRARY eee won pound idelbran.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: Inaccordance with Civil Service Law Section 75, you are hereby notified that the following charges are preferred against you: CHARGE J -MISCONDUCT AND/OR NEGLECT OF DUTY AND/O) INCO! ICE Specification 1. On one or more occasions between and including on or about October 1, 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 oF about October 1, 2014 and December 1, 2015, you directed one or more employees to check books out of and back into the Library in connection with the Library's “weeding” process. Spccification 3, When you engaged in tho conduct set fortl in Charge I, Specification 1 and/or Specification 2, 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 MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE 1 Specification 1, Between on or about November 25, 2015 and on or about December 1, 2015, you discussed Library’s Consultant Ronni M. Travers’ “Executive Draft November 25, 2015 Organizational Review and Workplace Environment Assessment” report (“the Report") ‘with one or more members of the Library staff and/or 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 1, 2015, whea you engaged in the couduct set forth in Charge Il, Specification L, you violated the Library's Personnel Policy, Section 4.17 (“Confidentiality Statement"), which provides, inMs, Marilyn Tinter March 10, 2016 Page 2 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 non- public 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 any 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 (o truthfully answer all of her questions. Specification 5. On or about January 7, 2016, when you engaged in the conduct set forth in Charge Il, Specification 3, you violated your own representation to Ms. Travers that, in sum and substance, you would answer truthfully ali of her questions. Specification 6. On or about November 27, 2015, you sought to intimidate and/or retaliate against Aian Ramsay for comments ite aliegediy 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 and/or issues they had with the Library. Specification 9. On or about December 1, 2015, when you engaged in the conduct set forth in Charge Il, 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}fan employee believes that a decision affecting hinvher is unjust or inequitable, he/she should speak promptly with the Director. [fan issue remains unresolved after speaking with the Library Director, the employce may contact the President of the Board of Trustees.” CHARGE Il] - INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/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 par, not to undertake “any staffing 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. that Jeffrey Robinette be reinstated to the title of Library Clerk. despite being directed to do so on or about October 22, 2015 CHARGE IV ~ NEGLECT OF DUTY AND/OR INCOMPETENCE, Specification 1, 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 and/or submitted accurate records of their hours worked. Specification 2. On one or more occasions between and including on or about January 1, 2015 and on or about October 31, 2015, you failed to sign and/or certify 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 1, 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 1 2013 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 1, 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 1, 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. Specification 7. On one or more occasions between and including on or about January 1, 2015 and on or about October 31, 2015, you failed to maintain organized and/or complete Personnel files for one or more members of the Library's staff,Ms, Marilyn Tinter March 10. 2016 Page 4 LECT OF DUTY AND/OR CHARGE V -MISCONDUCT AND/OR NI INCOMPETENCE Specification 1. On or about November 13, 2015, you lied or were 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 AND/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 send President Trostle the Westchester County Department of Human Resources Personnel Transaction Form (LJ-1) for Deborah Kivisalu’s resignation from full-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 Personne! Transaction Form (LJ-1) for Deborah Kivisalu's appointment (o part-time Library Clerk. Specification 3, 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 Personne! Transaction Form (LJ-1) for Jeffrey Robinette’s temporary appointment to increased hours as a Library Cleck. CHARGE Vil - NEGLECT OF DUTY AND/OR INCOMPETENCE Specification ]. 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 Transzetion Form (LJ-1) with an attached copy’ of Ms. Kivisalu’s resignation letter. CHARGE VIM -INSUBORDINATION AND/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 (Li-1) with an attached copy of Ms. Kivisalu’s resignation letter.Ms. Marityn Tinter March 10. 2016 Page 5 CHARGE IX ~ INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE Specification 1, On one or more occasions between and including on or about September 5, 2015 through and including on or about November 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 a Library program but not in her capacity as a Library employee, when she was in fact working in her capacity as ¢ Library Clerk. CHARGE X - INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE Specification 1, You did not report your April 9, 2015 workplace injury in a timely manner. Specification 2. When you engaged in the conduct set forth in Charge X, Specification 1, ‘you violated Library Personnel Policy Section 4.16 (“Accident Reporting Procedures”), which provides, in relevant part, and in sum and substance, that “|wjhen work related injury or illness occurs. it is the employee's responsibility to inform his/her 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 “[tJo ensure your physical well- being and the correct processing of these claims, you must notify your Supervisor immediately about any injury occurring during and as a result of employment, no matter how slight.” ‘Specification 4. On or about April 22, 2015, $ou filed workers’ compensation forms on behalf of the Library with regard to your April 9, 2015 workplace injury, even though you were not authorized (0 do so. Specification 5. On or about May 1, 2015, you retumed to work from a medical leave without first providing the Library Board with a doctor’s note verifying 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 returning from medical leave must submit a health care provider's verification of their fitness to return to work.” Specification 7. On or about May 13.2015. you emailed then Board President Diane Mazzanti that. “Iam 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/heaith 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 1. 2015 letter from your doctar/health care provider indicated restrictions on your return to work. Specification 8. Your failure to provide and/or have provided to the Board in a timely manner the May 1, 2015 letter 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 AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE Specification 1. 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 i 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 repréSented at the hearing by counsel or a representative of a recognized or certified 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, Fsq., at the Pound Ridge Library District, 271 Westchester Ave. Pound Ridge, NY 10576. Ifyou 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 afier you receive the charges. Alll 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 10 you at a different address or to your representative. Very truly yours, tee Erin Trostle President, Board of Trustees Due and timely service of a eopy of the within Charges is hereby admitted this __ day of +2016 Marilyn Tinter ce; Jonathan Lovett, Esq Richard K. Zuckerman. EsqExhibit 4Pursuant to Section 75 of the Civil Service Law of the State of New York In the Matter of Disciplinary Charges POUND RIDGE LIBRARY DISTRICT, -ageinsi- MARILYN TINTER, Respondent. INTERIM REPORT AND RECOMMENDATION To: Ms. Erin Trostle, President Board of Trustees Pound Ridge Library District 271 Westchester Avenve Pound Ridge, NY 10576 By your designation dated February 23, 2016, made part of the record herein, the above- entitled matter was referred to me to hear and report with recommendations pursuant to Section 75 of the Civil Service Law. Hearings were held before me at the Pound Ridge Library on March 24, 2016; April 18, 2016; April 26, 2016; May 5, 2016; May 26, 2016; June 17, 2016 and June 21, 2016. At said Hearings, the case was bifurcated and the matter was split into a guilt phase and a penalty phase, ‘This Report und Recommendation is being subiilicl ai the conclusion uf the uit phase. The Parties submitted past-hearing briefs dated July 27, 2016, ut witch time the record during the built phase was declared closed. The Respondent, Marilyn Tinter, appeared in person and by Jonathan Lovett, Esq.. 305 Old Tenrytown Road, White Plains, New York and by the firm Meyers, Tersigni, Feldman, and Grey, LLP, 14 Wall Street, 30th Floor, New York, New York hes Coumsels, Anthony f. Tersigni, Fsq_and Andres Tersigni, Fsq The Ponnd Ridge Library Disict appeared by Gregory A. Gillen, Esq., and Richard K. Zuckerman, Esq. ofthe firm Lamb& Bamosky, LLP, located at 534 Broadhollow Road, Suite 210, Melvitle, New York. “the following witnesses testified at the Hearings: Ronnie Travers Maurice J. Freedman Erin Trostle Alais Ramsay Dorothy Carr Deborah Kivisalu Eric Koster Marilyn Tiater, Respondent ‘The following Exhibits were entered into the Record: Hearing Officer, 1-5, Library, 1-50, 52-61, 63-81, 83. Respondent, A-X. AA, BB. ‘Pursuant to New York Civil Service Law Section 75 the Pound Ridge Library's Board of Directors preferred disciplinary charges against the Library Director, Macilya Tinter on February 23, 2016, and these charges were amended on March 10, 2016. (Lib. Exs. 1, 2). The amended charges are as follows: CHARGES 1- MISCONDU LEC vOR INCOMPETENCE ‘Specifivation 1. Gn one of more occasions between and including on or about October 1, 2014 and December 1, 2015, you directed one or mare employees to check books out of and back into the library for the purpose of giving @ book “circulation.” ‘Specification 2, On one or more occasions between and including on or about October 1, 2014 and December 1, 2015, you directed one or more employees to check books out of and back into the Library in connection with the Library’s “weeding” process. ‘Specification 3, When you engaged in the conduct set forth in Charge I, Specification 1 and/or Specification 2, you caused the Library’s cireulations statistics to be inflated and/or inaccurate and, in daing sa, caused the library to provide the publi¢ with misleading circulation statistics reIR NEGLECT OF CHARGE I- INSUBORD) DUTY AND/OR INCOMPETENCE ‘Specification 1. Between on or about November 25, 2C15 and on or about December 1, 2015, you discussed Library's” Consultant Ronni M. Travers’ “Executive Draft November 25, 2015 Organizational Review and Workplace Environment Assessment” report (“the Report”) with one or more members of the Library staff and/or Junemane Darwish and/or Alan Ramsay whien you knew or should have known that the Report and its coments were confidential and not tobe discussed with Library staff at that time, Specification 2. Between on or about November 25, 2015 and on or about December 1, 2015, when you engaged in the conduct set forth in Charge If, Specification i, you violated the Library’: Petsonnel Policy, Section 4.17 (“Confidentislity Statement”), which pravides, in relevant part, and in sum and substance, that “[aJny personne! 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, 2s determined by the Board. Aay form of public distribution of staff or patron non- public information is prohibited.” ‘Specification 3. On or about January 7, 2016, you lied and/or were untrathful to the Library Board’s investigator, Ronni M. Travers, when you stated, in sum and substance, that you id not discuss and 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 Ti, Specification 3, you violated a directive from Ms. Travers that, in sum and substance, you were to truthfully answer ali of her questions, Specification S.On or about January 7, 2016, when you engaged in the conduct set forth in Charge Il, Specification 3, you violated your own representstion 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 sough to intimidate and/or retaliate against Alan Ramsay for comments he allegedly made to Ms. Travers in connection with her preparativo of the Report when you sisied iu Mr, Rausay, iu suum and substance, dust 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 retaliste against Alan Ramsay for comments he allegedly made to Ms. Travers in connection with her reparation of the Report, when you seat Mr. Ramaay on e-mail about a job opening in another Library. ‘Specification 8. On or about December 1, 2015, in discussion regarding the Report, you stated 10 one or more Library employees that, in sum and substance, employees should not 20 to the Library Board with their grievances and/or issues they had with the Tihrary‘Specification 9. On or about December 1, 2015, when you engaged in the conduct set forth in Charge Il, Specification 8, you violated you the Library's Personnel Policy, Section 4.13 ("Open Door Policy”), which provides, m relevadt part, and in sum and substance, that (i}f an employee believes that a decision affecting himm/ter is unjust or inequitable, he/she sbould 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.” INATION AND/OR M ICT AND/OR NEGLECT GF RIN Ni GET Specification 1, On or about August 20, 2015, you sent a letter to Westchester County Department of Human Recousses representative Christopher Burka, dated August 19, 2015, requesting, in sum and substance and in relevant part, that Jeffery Robinette be reinstated to the 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 “any staffing 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. Bukart requesting, in sum and ‘substance and in relevant part, that Jeffery Robinette be reinstated to the title of Library Clerk, despite being directed to do so on or about October 22, 2015. Iv- DUTY A! PE’ ‘Specification 1, 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 tecorded and/or submitted accurate records of their hours worked. ‘Specification 2. On one or more occasions between and including on or about January 1, 2015 and on or aboul October 31, 2015, you failed to sign and/or certify the accuracy of one or ‘more part-time employees’ time sheets. ‘Specificaiion 3, Gn one or more oecasions between und including on or about January i, 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 ovcasions between ond including on or about January 1, 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 1, 2015 and on of about October 31, 2015, you allowed one or mare emplayees 19 be paid for their ‘mea! 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 1, 2015 and on or about October 31, 2015, you faiied to accurotely track and/or monitor one or ‘more employee's accruals end/or use of paid leave time. Specification 7. On one or more occasions between and including on or about January 1, 2015 and on or about October 31, 2015, you failed to maintain organized end/or complete perscnuel files for ove or move embers of the Library's staff. V- MI |CT AND/OR NEGLECT OF ’ ND/ INCOMPETENCE ‘Specification 1. On or about November 13, 2015, you lied or were untruthful when you stated, in sum and substance, that Junemarie Darwish had submitted work logs documenting the work that she had preformed off-site for the Library. ;GE VI- INSUBORDINATION AND/OR MISCONDU: OF pUTY Specification 1, On or about November 12, 2015, you violated a directive from the Library Board issued on or about November 10, 2015 thet you were to send President Trostle the Westchester County Department of Human Resources Personnel Transaction Form (LJ-1) for Deborah Kivisalu’s resignation from full-time Library Clerk, Specification 2. On or about November 12, 2015, you violated a ditective from the Library Board issued on or about November 10, 2015 thai you were to send President Trostle the Wesichester County Department of Human Resources Personnel Transaction Form (L J1) for Deborah Kivisalu's appointment to part-time Library Clerk. Specification 3. On or about November 12, 2015, you violated a directive from the ‘Library Board issued an or eboul November 10, 2015 that you were to send President Trostle the Westchester County Department of Hfuman Resources Personnel Transaction Form (L J-1) for Jeffrey Robinene’s temporary appointment to increase hours as a Library Clerk. CHARGE VI. MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE ‘Specification 1. On or about November 12, 2015, you failed to properly report to the Westchester County Department of Human Resources Deborah Kivisaly’s resignation fi potion as full-time Library Clerk, when you did not send the Department a completed Personnel ‘Transaction Form (J. J-1) with an attached copy of Ms. Kivisalu’s resignation letter. CHARGE VIU- INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT or Duty, her wSpecificatioa 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 Kesources Deborah Kivisalu’s resygnation irom her potion as full-time Library Clerk, when you did not send the Department a completed Personnel ‘Transaction Form (L J-1) with an attached copy of Ms. Kivisalu’s resignation letter. CHARGE MI IR NEE 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 about November 24, 2015, you permitted Library Clerk Deborah Kivisalu to work on days other than Saturday and/or in excess of eight hours per week 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 surm and substance, that Deborah Kiviselu was present at the Library on of about October 29, 2015 to attend a Library program but notin her capecity as a Library employee, when she was in fact working in her eapacity as a Library Clerk. CHARGE X- INSUBORDINATION AND/OR MISCONDUCT AND/OR NEGLECT OF DUTY AND/OR INCOMPETENCE Soxeification {. You did not report your April 9, 2015 warkplace injury ina timely manner. ‘Specification 2. When you engaged in the conduct set forth in Charge X, Specification I, you violated Library Personnel Policy Section 4.16 (“Accident Reporting Procedures”), which provides, in relevant part, and in sum and substance, that “{wjhen work related injurie ‘occurs, itis the employee's responsibiity to inform his/her supervisor immediate ‘Specification 3, When you engaged in the conduct set forth in Charge X, Specification 1, you violated Library Personnel Policy Section 4.46 (“Worker's Compensation Insurance”), which provides, in relevant part, and in sum and substance, thal “{tJo ensure your physical well- being and the correct processing of these claims, you must notify your Supervisor immediately about any injury occurring during and as a result of employment, no matter how slight.” ‘Specification 4, On or about April 22, 2015, you filed Worker's Compensation forms cn behalf of the Library with regard to your April 9, 2015 workplace injury, even though you were ‘not authorized to do so. Specification $, On or about May J, 2015, you returned to work from a medical leave without first providing the Library Board with a doctor’s nove verifying 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 returning from medical leave must submit 2 health care provider's verification of their fitness to return to work.” Specification 7. On or about May {3 2015, you e-mailed then Board President Diane ‘Mazzanti that, “T am able to resume my full duties without any restrictions necessary in order to fulfill my responsibilities” and/or “mny doctochealth care provider prepared a letter stating thet 1 was able to retam to work and preform my regular duties as Director”, even though the May 1, 2015 letter frou your doctov/health care provider indicated restrictions un yous retumn to work. ‘Specification 8. Your failure to provide and/or have provided to the Board in a timely manner the May 1, 2015 letter from your doctav/health care provider resulted in the Board being unable to accurately determine the timing of your anticipated retum to work and, 2s a result, the need to extend for 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. RK MISCONDUCT AND/OR NEGLECT DUTY AND/OR INCOMP! ‘Specification 1. On one or more occasions hetween on or about September 16, 2014 through and including on or about October 7, 2014, you permitted books sales to accur inside the Library notwithstanding one or more Board directives that you discontinue them. JURISDICTION Toe Respondent argues that the Hearing Officer's designation, was not vaiid. Therefore, the Heating Officer has no power to conduct a hearing regarding the Respondent rendering this proceeding nut and void I disagree. In McKenzie v, Board of Education of the Citv School District of Albany, 100 A.D.3d 1096, 952 N-Y.S.2d 860 (3d Dep't 2012), the court found thut « sufficient written record had hheen established when, “(Pletitinner was provided eapy af the December 3, 2010 letter from respondent's inverim superintendent informing the Hearing Officer that be had been appointed byrespondent to preside over the hearing pursuant to Civil Service Law Section 75. This letter, 2010 resolution appointing the along with other exhibits, including respondent's Liecember: Hearing Oflicer, constituted a written record sufficiently documenting the validity of the Hearing Officer's appointment and satisfied the relevant provisions af Civil Service Law Section 75(2).” Here, the Record reflects my designation ietter, dated February 23, 2016, signed by the President of the Board of Trustees of the Pound Ridge Libsary District and that Board's adoption of my appointment (H.O. Ex. ! and 2). Based on the forgoing, I find, that my designation as Hearing Officer was proper and therefore I have jurisdiction over this matter. FA sys J find credible record evidence to sustain Charge 1, Specifications 1 and 2. Alan Ramsay ‘was the Children's Librarian at the Pound Ridge Library since Jenuary 11, 2005 (T, 710). Ramsay testified that, “weeding” is the process of discarding books that were no longer needed in the library collection. Ramsay testified that giving a book a “circ” meant that he was fo check the book out and then check it back into the Library and that was often done by using his personal library card (T. 716). Ramsay testified that he performed weeding at least once 2 week at the direction of the Respondent. He would selevt between 10 io 20 books for weeding then, the Respondent would direct him to “circ” 75-80% of those books and return them back to the shelf (1.717), Ramsay further testified that, once a month, he witnessed the Respondent direct Junemarie Darwish, the former Young Adult and Adult Service Librarian to give random books cciros as well (T.717-18). In addition, the Respondent admitted she had directed all employees to *cire" those books that she wanted retained in eqnnection with the "weeding process" and that had not circulated in more than three years (T. 1024-28). As such, 1 find credible recordevidence thai between and including October 1, 2014 and December |, 2015, the Respondent. directed employees to check books out of and back into the library tor the purpose of giving a “circulation.” Ln addition, 1 find credible record evidence thet berween and including October 1, 2014 and December 2, 2015, the Respondent directed employees to check books out of and back into the Library in connection with the Library’s “weeding” process. I find credible record evidence to sustain Charge |, Specification 3. Maurice J, Freedman and previously was Director of the rently the Interim Director of the Pound Ridge Libs Westchester Library System for 23 years. In addition to his vast work experience, Freedman was an Associate Professor at The School of Library Service, Columbia University, Freedman testified that he found a tremendous discrepancy in the Library's current circulations statistics compared to the nme prior to his sppointment (T. 393). Freedman then requested information from the Westchester Library System in order to ty to explain the discrepancy. In response to his request, the Library System generated various reports and provided him with the Library's monthly statistics for the prior two years (T. 393-395), Oue such report showed large amounts of items charged to Respondent, Ramsay and Barbara Lewis's! personal library cards ‘from 1999 through March 15, 2016 (T, 402, Lib. Ex. 37). This report evidences that the Respondent “circed” 20,773 items between 1999 and March 15, 2015; Lewis “circed” 899 items; and Remsay “circed” 2,931 items (T.402-403, Lib, Ex. 37), Freedman testified that in relation to a library’s circulation statistics, “the publio are taxpayers and it would be important for the library's services improving or going down. In the statistics, the number ‘taxpayers to krow is of circulation have been ased by many, many libraries across the country to indicate how the library is doing, better or worse with respect to the previous year. Taxpayers, they see better, " Bacar Levi fn fer eplye of ie Pound Rig ibarythey say, oh, they're doing a good job. We should give them the increase they're requesting” (T. 427), mn fact, these “mflated” numbers were posted on the Pound Ridge Library website, used cn an email to the Board feom the Respondent, used by the Westchester Library Service in theic “per cepita” calculations and by the Respondent in her filing with the State of New York in the Libray’s Annual Report (Lib. Exs. 11, 50, 52, 42 and 43). As such, | find credible record evidence that the Respondent engaged in the conduct set forth in Charge 1, Specification 3, and to be inflated and inaceurete, Therefore, in doing so, sion caused the Library caused the library to provide the public with misteading circulation statistics, | find credible record evidence to sustain Charge 2, Specifications 3, 4,5, 6, 7, 8, end 9. T dismiss Charge 2, Specifications 1 and 2, in regards to Specifications 3, 4, and 5, the Respondent was interviewed by Travers on January 7, 2016, among other things, regarding the organizational report in question and whether cor not she had discussed the report with any of the staff. The Respondent denied speaking to anyone about the report on the questionnaire. More specifically, the Respondent denied speaking to Remsay and other staff’ members an the questionnaire and she was given an opportunity to change her answers when she appeared with counsel (Lib. Ex 6), Itis clear from the Record that the Respondent was untruthful regarding her responses. The Record reflects an audio recording that evidences the Respondent commenting to Ramsay about the report and statements from another employee Darwish who confined that the Respondent discussed the report with staff (Lib. Ex 3 and 4). ‘In regards to Specifications 6 and 7, at some point after the report was issued, the Respondent became aware that Ramsay revealed some issues that he had witnessed that had‘become the subject of some of the cherges in this matter. In response, the Respondent told. Ramsay that “the only person that had any negative things about me was you, and | am very sad about it” and “I have to be very careful what say to you because there might be an instance when you would report it to (the Board) like this” (Lib. Ex. 4). Respondent also told Ramsay, "l previously protected you and now you return the favor by stabbing me in the hack” (Lib. Bx. 4), Respondemt gave no reasonable explanation for her statements. Therefore, 1 conclude that Respondent's statements were to intimidate and retatiate apsinst Ramsay, An regards to Specifications 8 and 9, Ramsay testified that the Respondent “announced to the entire staff that the consultant's report had been released that some negative comments were made about her and that in the future, if anyone bad a beef with her, that they come to her, rather than to the Board. She said that the Policy Manual says that if@ staff member has a problem, you go 1a the Director, not the Board. And I was confused by this analogy, ‘because this was a Board ordered, you know, report. { did not go. to the Board. I simply complied with the Board's orders, and ‘went about with the consultant's report. You know, the oral and written survey. So 7 was confused by Ms. Tinter’s analogy there. ‘She also said that the Board, because of these negative ‘comments, now had gotten what they had wanted, and she then made some joke, saying, we haye to stick together as 2 staff. She said something to the eflect, we have to stick together. And she said, what is the old saying? United as one” (T. 730-731), In essence, ibe Respondent iold ber siaff not to take complaints to the entire Boerd, which. directly violated the Boatd’s "Open Door Policy" and not to go to the Board for their grievances. As such [ find credible record evidence to sustain Charge 2, Specifications 3, 4, and 5, when the Respondent lied and was untruthful to the Library Board’s investigator, Travers, when ‘she stated that she did not discuss any part of the Report with mermbers of the Library staff, that she vinlated a directive from Travers to muthfal answer oll of her questions; that she violated her own representation to Travers that she had answered truthfully all of her questions. In addition, 1 tifind credible record evidence to sustain Charge 2, Specifications 6, and 7, when the Respondent sought to intimidate and retahate against Atan Ramsay for comments he made to ‘Lravers in ‘connection with her preparation of the Report. Finally, I find credible record evidence to sustain ‘Charge 2, Specifications 8, and 9, when the Respondent told the Library employees they should not go to the Library Board with their grievances or issues they hid with the Library. In addition, she violated the Library’s Personnel Policy, Section 4.13 (“Open Door Policy”), in doing so. In regards to Specifications | and 2, though the Respondent did admit when imerviewed by that she did not think she could discuss the Executive Report with the staff, I find nothing in the report itself or in the manner it was distributed to sustain these specifications. I find credible record evidence to sustain Charge 3, Specifications 1 and 2. {In regards to Charge 3, Specification 1, Ronni Travers is the President of Public Sector HR Consultants, A consulting company that deals with municipalities providing HR services, Sbe has been working in the human resource management field for over 25 years (T. 40). Travers is 4 Consultant hired by the Board of Directors. Initially, she was hised by the Library Board to ‘conduct an Organizational Review of the Library, and to conduct a Workplace Assessment (T. 39-43), Travers stated, the “Board of Trustees wanted to find out what people specifically were doing. They had a lot of part-time employees, and they really just wanted to get a handle on what was — what everybody was doing. They also wanted to take look at, you know, were practices ‘operationally being followed” (T. 39-43). Travers testified that Respondent had sent her an email attached that was sent to Chtistopher Burkhart at on October 21, 2015, which bad a Westchester County Civil Service, on August 20, 2015 (T. 144, Lib, Ex 14), The leter stated the following, “The Pound Ridge Library would like to reinstate Jeffrey Robinette to the Library Clerk utle ot our Library. Mr. Robinette was previously a L ibrury Clerk at the Katonah b 5Lewisboro Schoo! District on a permanent basis. I would appreciate if you would review our request and let us know if this remstatement is possible” (Lib. ix. 14) ‘The Board, according to their minutes of August 19, 2015, expressed that they did not ‘want any staffing moves that would trigger a Civil Service commitment unti) they received further input from the HR consultants (Lib. Ex. 17). This letter was in contradiction to the Board's direction. As such, I find credible record evidence that the Respondent engayed in the conduct set forth in Charge 3, Spectf 1, that on August 20, 2015, the Respondent sent a letter to the Westchester County Department of Human Recourses, representative Christopier Burkart, requesting that Jeffery Robinette be reinstated to the title of Library Clerk, violating an August 19, 2015, dizective from the Board directing the Respondent, not to undertake “any staffing moves that would trigger a Civil Service commitment until further input cen be obtained from the HR consultants.” In regards to Charge 3, Specification 2, Trostle had directed Respondent to rescind her letter on October 22, 2015, to no avail. It took a second Board directive dusing the meeting of November 10, 2015, lo convince the Respondent to rescind the letter (Lib. Ex. $5). The Respondent ultimately rescinded the leter on Noventbes 12, 2015 As such, | ind credible record evidence that the Respondent engaged in the conduct set forth in Charge 3, Specification 2, the Respondent on October 23, 2015, and November 10, 2015, failed to rescind her lever to Bukart requesting that Robinette be reinstated to the title of Library Clerk, despite being directed to do so. I find credible record evidence to sustain Charge 4, Specifications 1, 2, 3, 4, 5. 6 and 7. In regards to Charge 4, Specification 1 and 2, the Respondent admitted that one of her job functions was to perform payroll related fanctions for the Library including collection and 8review of time sheets (Lib. Ex. 10). Per the Boards instruction, Travers did an extensive review of all the Labrary’s time records. Based on that review, ‘Iravers testified that Robinette, Kivisala and Darwish all had inaccurate time records. In fact, the hours thet they bad recorded in the electronic system did nat match the hours they claimed to have worked (T. 363), The time records in evidence shows numerous times in which employees manually entered and/or adjusted the time that they came in or left the Library (Lib. Fx. 32). In fact, Travers concluded in her report that, “(here is no proof that the Library Director hes reviewed and certified the time worked by part-time employees as there is no signature line on the Summary Sheets...(7)n one particular case, a part-time employee entered a Time In and Time Out on a day that the Library was closed (Lib. Ex. 31, T. 364). ‘Assuch, I find credible record evidence that the Respondent, between and including January 1, 2015 and October 31, 2015, failed 10 ensure that the Library employees recorded and submitted accurate records of their hours worked and failed to sign and/or certify the accuracy of parttime employees’ time sheets. In regards to Charge 4, Specification 3, Travers audited Library Clerk Kivisalu's time records and found that there had been st least four weeks in which she should have been paid overtime for time worked (Lib. Ex 34.). The Respondent testified that a Library Clerk was not cotitled to the payment of overtime because she held a managerial position and therefore exempt. {T. 1213, 1214). However, the Respondent's argument fails as Travers testified that a Library Clerk, based on the work she performs, does not qualify her for an exemption pursuant to the Fair Labor Standards Act (T. 227). ‘As such, I find credible record evidence that the Respondent, between and including January 1, 2015 and October 31 , 2015, failed to monitor and track the amount of overtime aworked by her employees, a5 a result, she was unable to cnsure that Library's employees were properiy compensated for overtime, In regards to Charge 4, Specification 4 and 5, Respondent admitted thet all employees are paid for their meal periods and that employees do not track when they take meal periods (T. 1059, 1216, 1217, 1402-03). The Respondent's actions seem to be in direct disregard for the Library's Personnel Policy, Section 4.33, Breaks, which provides that full time employees are allowed twe (2) paid fifteen (15) minute scheduled breaks and one (1) empaid lunch bour during ‘each cigin (8) hour work day and that part time and hourly employees are provided one (1) paid fifteen (15) minute scheduled break for every 4 hours worked during a given day As such, {find credible record evidence that the Respondent, between and including January 1, 2015 and October 31, 2015, failed to ensure that employees recorded and reported when they took mea! periods. In addition, 1 find credible record evidence that the Respondent between and including ‘January 1, 2015 and October 31, 2015, allowed employees to be paid for their meal periods in violation of Library Personnel Policies Section 4.33 (Breaks”), which provides that meal periods are to be unpaid {Go regards to Charge 4, Specification 6, Travers testified that when she found the “leave tracking records, there really wasn't anything sound, There was no sound way of tracking when employees took sick leave, when they took vacation. I was shown a sheet, with no signature, and ‘t looked like somebody just handwrote that was the time that employees had taken, so did....an audit” (T. 201). In fact, after review, Travers found one employee was paid 35 sick days when she was only entitled to 30 days (T.201), ‘Though the Respondent testified that she kept “very neat leave sheets,” the Record fails to support and in fact contradicts her testimony (T. 1215.) Bs‘As suok, I find credible record evidence that the Respondent, between and including January 1, 2U15 and October 31, 2015, fated to accurately track and monitor the Library employee's accruals and use of paid leave time, In regards to Charge 4, Specification 7, Travers reviewed the Library's personnel records during the audit on November 17, 2016, she found that the personnel files were disorganized. Travers found that important personnel records were not being maintained in the Background pplication, Prot Library's employee personne! fifes suck 2s, Employment Authorization Forms, Emergency Contact Information, Letters of Appointment, Board Resolutions related to appointments and personnel changes, and Health Insurance Forms. (Lib. Ex. 31), As such, [find credible record evidence that the Respondent between and including January 1, 2015 and October 31, 2015, failed to maintain organized and complete personnel files for members of the Library's staff 1 find credible record evidence to sustain Charge 5, Specifications 1. In regards to Charge 5, Specification 1, Travers, in the course of her review, interviewed the Respondent. The Respondent informed her that Darwish worked extra hours “offsite” (Lib. Ex, 22), Travers then emailed the Respondent inquiring if Darwish submitted a work log for work done off site? (Lib. Ex. 26), Ia response, the Respondent answered "yes, whenever she works offsite” (Lib. Bx. 27), The Record evidences no written logs for this “off site work.” The ‘Kespondent later explained during her testimony that Darwish submitted “verbal work logs" for ite direotly to the Respondent (T1226), | find this testimony lacks credibility a1 best and the Record is void of any evidences that substantiates her statements.As such, I find credible record evidence that the Respondent, on Noveraber 13, 2015, was ‘untruthtul when she stated that Darwish had submitted work iogs documenting the work that she had performed offsite for the Library. I find credible record evidence to sustain Charge 6, Specifications 1, 2 and 3. In regards to Charge 6, Specifications 1, 2 and 3, The Board’s meeting minutes from the ‘November 10, 2015 meeting, contains resolutions directing the Respondent to sead the ‘Westchester County Department of Human Resources Personne! Transaction Form (1-1) for Robinette’s temporary increase in hours and Kivisalu's resignation and appointment to a part- time Library Clerk position to the Board (Lib. Ex $4), Respondent admitted that she did not originally send the LI-1 forms to Trostle even though the Board directed her to do so (T. 1205) Not until November 12, 2015, did the Respondent e-mail the Board and a copy of Kivisalu's resignation letter and a copy of the Respondent's November 12, 2015, letter to Civii Service rescinding her August 19, 2015 letter regarding Robinette (Lib. Ex. 56). In this email, however, the Respondent still refused to forward Trostle and the Board copies of the LJ-1 forms she had filed. [As such, I find credible record evidence that the Respondent violated a directive from the Library Board issued on November 10, 2015, that she send Trostle the LJ-1 form for Kivisalu's resignation from full-time Library Clerk, Kivisalu’s appointment to part-time Library Clerk and for Robinette’s temporary appoinisoent to increase hours as « Library Clerk. find oredible record evidence to sustnin Charge 7, Specifications 1 and Charge &, Specification 1 In regards 10 Charge 7, Specifications 1 and Charge 8, Specification 1, it was not until November 14, 2014, that the Respondent finally filed the correct forms, (Tr. 1230), It is clearfeom the Record that the forms the Respondent originally filed with Civil Service on November 12, 2015 did not properly report Kivisalu's resignation even though she had been directed to do so by the Board November 10, 2015. ‘As such, {find credible record evidence that the Respondent failed to properly report to the Westchester County Department of Human Resources, Kivisalu’s resignation from her potion as full-time Library Clerk. Furthermore, Respondent did not send the Department 2 completed salu’s resignation letter, Thus, Respondent viointed 2 directive LJ-1 with en attached copy of Ki from the Library Board. 1 find credible record evidence to sustain Charge 9, Specifications 1 and 2, In regards to Charge 9, Specifications 1 and 2, Trostle testified that she came into the Jibrary on a weeknight and saw Kivisalu working even though the Board had only authorized her to work only part-time and only on Saturdays (T, 508, Lib, Ex 29). The Respondent told Trostle that Kivisalu had not been working, but attending a program. In fact, Kivisalu's time records showed that, after August 19, 2015, she elso worked on several days other than Saturday: ‘Wednesday, October 7, 2015; Tuesday, October, 6, 2015; Wednesday, September 23, 2015; and “Tuesday, September 15, 2015 (Lib, Ex..32). Kivisalu's testimony confirmed that she had worked the nigh: in question and that the Respondent had been untruthful to Trostie. As such, I find eredible record evidence that the Respondent, benween and including September 5, 2015, through and including November 24, 2015, permitted Library Clerk Kivisahe to work on days other than Saturday and in excess of eight hours per week in violation of directives from the Library Board. In addition, the Respondent on October 29, 2015, was untruthfal to Trostle when she told her that Kivisalu was present at the Library to attend aLibrary program and not there in her capacity as a Library employee, when in fact she was working in her capacity as a Library Clerk. 1 find credible record evidence to sustain Charge 10, Specifications 1, 2,3, 4,5,6, 7, 8, 9, and 10. In regards to Charge 10, Specifications 1,2, 3 and 4, the Respondent admitted that she had been injured at work on Thursday, April 9, 2015, but did not inform the Board about her she April 14, 2015 (7.1236, 1356, 1359, Lib. Ex. 903. At that time, jes until Tuesday informed the Board that she was taking semi-vacation, In doing so she casually stated that she had tripped on a phone wire and suffered a minor leg injury with no broken bones or head injuries the week before (Lib. Ex 60). The Library's Personnel Policy Section 4.16, "Accident Reporting Procedures" provides, that when an employee is injured they must notify their Supervisor immediately, which in this case is the Board, Clearly, the Respondent failed to do that fn further disregard for the Board and the Library’s policies, the Respondent, fled her own ‘Workers’ Compensation paperwork instead of referring it to the Board (F. $16, 517, 1259, Lib. Bx 61), Once again, this task should have been directed to the Board, her direct supervisors. In regards to Charge 10, Specifications 5,6, 7 and 8, the Respondent returned to work on “May 1, 2015. The Respondent testified that the Board President at the time, Diane Mazzanti, was aware she was returning on that day with a doctor's note (T. 1265-66). That testimony is ‘contradicted by the e-mail of Mazzanti on May 6, 2015, in which she explained to the ‘Respondent that since she had been absent from work due to a workevelated injury, and pursuant to Civil Service Law Section 71, she was entitled to one year leave of absence (Lib, Ex 63). Trostle testified that she learned that the Respondent had returned to work when she received an e-mail from Board Member Lena Javarone. Javarone informed Trostle and the Board that when‘she had been in the Library on May 7, 2015, she saw the ‘Respondent working at the Litrary (Lib. bx. 65), Mazzanti e-mailed the Respondent on May 13, 2015, regarding her unauthorized retum to work. Mazzanti’s e-mail reminded the Respondent of her obligation to provide a letter from her healthcare provider and that her return to work without such letter was a clear violation of the policies of the Board. Furthermore, Mazzanti directed the ‘Respondent nat to return to ‘work until these issues were rectified. (Lib, Ex. 66), It is clear from the Record that the Respondent returned to work on. May 1, 2015, she had not informed the Board that she hed retumed to work and failed to provide a doctor's note clearing her to return to work. In. addition, the Respondent, violated Board Personnel Policy Section 4.51 ("Family ‘Medica! Leave Act") when she returned to work without first providing the Board with a doctor's note verifying that she was cleared to return. At some time thereafter, the Respondent provided a doctor’s note dated, May 1, 2015, The doctor’s note in fact bad restrictions and only authorized Respondent's retum to “past-time” ‘work (Lib, Ex, 68). This note, once again demonstrates that the ‘Respondent was untruthful to the: Board about her injuries and status, It is this pattern of untruthfulness that made it. impossible for the Board to accurately determine the needs for personnel to cover the library. In regards to Charge 10, Specifications 9 and 10, on November 17, 2015, both Travers and Trostle asked the Respondent to produce Worker’s Compensation records for the Library ‘and specifically for the records when Respondent had been out on Worker's Compensation. The Respondent as ‘As such, I find credible record evidence to sustain Charge 10, Specifications 1, 2, 3, 4, 5, is to locate or produce her speaific records for two weeks (7.203, 381). 6, 7,89, and 10, when the Respondent failed to report her April 9, 2015, workplace injury ina timely manner, she violated Library Personnel Policy Section 4.16 (“Aocident ReportingProcedures”), and she violated Library Personnel Policy Section 4.46 (“Worker's Compensation insurance”), in doing so. ‘Tne Respondent also filed Worker's Compensation forms on behalf of the Library with regard to seid injury without authorization from the Bosra. ‘The Respondent on May 1, 2015, returned to work fom a medical leave without first providing the Library Board with a doctor's note verifying her fitness to return to work and she violated Library Personnel Policy Section 4.51 (“Family Medical Leave Act”), in doing so. In addition, the Respondent on May 13, 2015, e-mailed then Board President that she was eble £o resume her full duties without any restrictions, when in fact her doctor indicated there were restrictions on her rerum to work. This failure by the Respondent to provide correct information 4o the Board in a timely manner resuited in the Board being unable to accurately determine the timing of ber anticipated return to work. Finally, even though she was directed 70 do so by ‘Trostle on November 17, 2015, Respondent failed to provide any Workers’ Compensation documents associated with her Workers’ Compensation claim or the Library's current Workers" Compensation Policy. I find credible record evidence to sustain Charge 11, Specification 1. In regards 10 Charge 11, Specifications 1, the Board banned book sales in the Library and the Respondent was aware of that ban (T. 555, Lib, Ex.70), The Board instituted this ban based on its concems of donated books introducing mold into the basement where the books were stored. The Respondent admittedly disregarded the Board Ban and conducted a book sale on October 18, 2014. The Respondents further explained hes actions by saying, “if poo give a contribution, that was fine, IF they didn't want to give one, they were free. They were free books So it was not considered 2 book sale" (T. 1275-1277). 1 find the Respondent's explanation without merit 2‘As such, [find credible record evidence to sustain Charge i, Specification 1, that the Respondent permitted books sales to occur mside the Library notwithstanding Board directives to discontinue them. Respondent, through counsel, make a wide arrey of arguments. Most notably that the entire Library Boatd should be disqualified and that 1 as Hearing Officer do not have jurisdiction in this matter, Although these conclusory arguments are well stated and persuasive at times, after complete review of the fics and the law presented in this case [find them without merit ‘Therefore, after carefully reviewing the entire record as a. whole before me, I find credible record evidence to sustain Charge 1, Specifications 1, 2, and 3; Charge 2, Specifications 3,4, 5,6, 7, 8, and; Charge 3, Specifications | and 2; Charge 4, Specifications 1, 2, 3, 4. 5,6, and 7; Charge 5, Specification 1, Charge 6, Specifications 1, 2, and 3: Charge ?, Specification 1; Charge 8, Specification 1; Charge 9, Specifications ? and 2; Charge 10, Specifications 2, 2,3, 4, 5,6, 7, 8,9, and 10; and Charge 11, Specification 1. I find the Respondent not guilty of Charge 2, Specifications 1 and 2 Dated: August 30, 2016 Stevel C Kasarda Hearing OfficerEyh bit 5Pursuant to Section 75 of the Civil Service Law of the State of New York In the Matter of Disciplinary Charges POUND RIDGE LIBRARY DISTRICT, -against- MARILYN TINTER, Respondent. “x FINAL REPORT AND RECOMMENDATION To: Ms, Erin Trostle, President Board of Trustees veae Pound Ridge, NY 10576 ‘By your designation dated February 23, 2016, made part of the record hercin, the above- ‘entitled matter was referred to me to hear and report with recommendations pursuant to Section 75 of the Civil Service Law. “Hearings were held before me at the Pound Ridge Library on March 24, 2016; April 18, 2016; April 26, 2016; May 5, 2016; May 26, 2016; June 17, 2016, June 21, 2016 and September 15, 2016, At said Hearings, the case was bifurcated and the matter was split into a guitt phase and a penalty phase. This Final Report and Recommendation is being submitted at the conclusion of the penalty phase, The Parties submitted post-hearing briefs dated July 27, 2016, for the guilt phase and September 23, 2016, for the penalty phase, at which time the record was declared closed. The Respondent, Marilyn Tinter, appeared in person and by Jonathan Lovert, Esq, 305 Old Tarrytown Road, White Plains, New York and by the firm Meyers, Tersigni, Feldman, and Grey, LLP, 14 Wall Street, 30th Floor, ‘New York, New York her Counsels, ‘Anthooy L. Tersigni, Esq. and Andrea Tersigni, Esq, The Pound Ridge Library District appearedby Gregory A. Gillen, Esq, and Richard K, Zuckerman, Esq, of the firm Lamb & Barnosky, LLP, located at $34 Broadhallow Road, Suite 210, Melville, New York, The following witnesses testified at the Hearings: Ronoie Travers Maurice J. Freedman Erin Trostle Alan Ramsay Dorothy Carr Deborah Kivisalu ‘The following Exhibita were entered into the Record: Hearing Offices, 1-7. Library, 1-50, 52-61, 63-81, 83, 85, 86, 88-96. Respondent, A-X, AA, BB, EE-Il. Pursuant to New York Civil Service Law Section 75 the Pound Ridge Library's Board of ‘Trustees preferred disciplinary charges against the Library Director, Marilyn Tinter on February 23, 2016, and these charges were amended on March 10, 2016 (Lib. Exe. 1, 2). As previously stated, this case was bifurcated and the matter was split into & guilt phase end a penalty phase, At ‘the conclusion of the guilt phase, the interim report and recommendation cated August 30, 2016, found the Respondent guilty of the following charges:‘Specification 1,.On one or more occasions between and including on or about October 5, 2014 and December 1, 2015, you directed one or more employees to check books out of and back into the library for the purpose of giving a book “circulation.” ‘Specification 2. On one or more occasions between and including on or about Octcber 1, 2014 and December 1, 2015, you directed one or more employees to check books out of and back into the Library in connection with the Library's “weeding” process. ‘Specificstion 3, When you engaged in the conduct set forth in Charge I, Specification 1 and/or Specification 2, you caused the Librazy’s circulations statistics to be inflated and/or inaccurate and, in doing 0, caused the library to provide the public with misleading circulation ‘Specification 3, On or about January 7, 2016, you lied and/or were untruthful to the Library Boord’s investigator, Ronni M. Teavers, when you stated, in sum and substance, that you: did not discuss and 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 dicective from Ms. Travers that, in surn 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 owa representation to Ms. Travers that, in sum and substance, you would answer truthfully all of her questions. On or about November 27, 2015, you sough to intimidate andYor recaliate ezine Ray fr comment ho lege ade “Travers in connection with her preparation of the Report when you stated to Mr, Ramsey, ip sum and substance, that you were “sad” about negative comments in the Report that you attributed 10 him. ‘On or about December 1, 2015, you sought to intimidate and/or retaliate Specification 7. against Alan Ramsay for commenta he ellegedly made to Ms. Travers in connection with her preparntion of the Report, when you sent Mr. ‘Ramsay an e-mail about a job opening in another ‘Specification 8. On or about December 1, 2015, in 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 and/or issues they had with the Library.Specification 9, On or about December 1, 2015, when you engaged in the conduct set forth in Charge 1, Specification 8, you violated you the Library's Personnel Policy, Section 4.13 (Open Door Policy”), which provides, in relevant part, and in sum end substance, that [i}fan_ employee believes that a decision affecting bim/ber is unjust or inequitable, he/she should speak prampdy with the Director. If an issue retains unresolved after speaking with the Library Director, the employee may contact the President of the Borrd of Trustees.” ‘Specification 1, On or sbout August 20, 2015, you sent a leter to Westchester County Department of Human Recourses representative Christopher Burkart, dated August 19, 2015, requesting, in sum and substance and in relevant part, that Jeffery Robinette be reinstated to the title of Library Clerk and, in doing so, violeted an August 19, 2015 directive from the Board directing you, in sum and substance and in relevent pest, not to undertake “any staffing moves tht would trlager a Civil Service commaitment until further iapat can be obtained from the HR. consultants.” Between on or about October 23, 2015 and oa or about November 10, ‘Specification 2. 2015, you failed to rescind your August 19, 2015 letter to Mr. Burkart requesting, in sum and substance and in relevant pat, that Jeffery Robinette be reinstated to the ttle of Library Clerk, despite being directed to do 60 on oF about October 22, 2015, Specification 1. Oa one or more occasions between end 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 and/or submitted accurate records of their hours worked. Specification 2, On one or more occasions between and including on or about January 1, 2015 and on or about Oetober 31, 2015, you failed to sign and/or certify 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 1, 2015 end on or about October 31, 2015, you faited to monitor and/or rack the amount of overtime worked by aoe or mor employees a rent of whic you were unset ensure hat one or more employees were properly compensated for 4, On one or more oceasions between and including on or about January 1, 2015 end 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 1, 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. i Specification 6. On one or more occasions between and including on or about January 1, 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. Specification 7. On one or more occasions between and including on or about January 1, 2015 and on or about October 31, 2015, you failed to maintain organized and/or cormplete personnel files for one or more members of the Library's staff ‘Spesification 1, On or about November 13, 2015, you lied or were untruthful when you stated, in sum and substance, that Junemarie Darwish had submitted wor logs documenting the work that she hed performed off-site for the Library. ‘Specification 1, On or about November 12, 2015, you violated a directive from the ‘Library Board issued on or about November 20, 2013 that you were to send President Trostle the ‘Westchester County Department of Human Resources Personnel Transaction Form {L Jel) for Deborah Kivisalu’s resignation from full-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 Trostie the ‘Westchester County Department of Human Resources Personnel Transaction Form {L J-1) for Deborah Kivisslu's eppointment to part-time Library Clerk. ‘Specification 3, On or about November 12, 2015, you violated a directive from the Library Board issued on or about November 10, 2015 that you were ta send President Trostle the ‘Westchester County Department of Human Resources Persoonel Transaction Form (L J-1) for Jeffrey Robinette’s temporary appointment to increase hours as a Library Clerk. ‘Specification 1, On or about November 12, 2015, you failed to property report to the ‘Westchester County Department of Human Resources Deborah Kivisalu's resignation from her potion as full-time Library Clerk, when you did oot send the Department a completed Personnel ‘Transaction Form: (L J-1) with an attached copy of Ms. Kivisalu's resignation letter.Specification 1, On or about November 12, 2015, you violated a directive from the Library Board issued on or about Novernber 10, 2015 thai you were to properly report to the ‘Westchester County Department of Human Resources Deborah Kivisaln’s resignation from her potion es filtime ibrar Clerk, whan you didnot send the Depertoent acon led Peraocwcl ‘Transaction Form (L J-1) with an attached copy of Ma. Kivisaiu's resignation letter. ‘Specification 1, On one of more occasions between and including on or about ‘5, 2015 through and including on or about November 24, 2015, you permitted Library Clesk ‘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 Kivisala was present at the Library on or about October 29, 2015 to attend a Library progrem but not in her capacity as a Library employee, when she was in fact working in her capacity as a Library Clerk. ‘Specification 1, You did not report your April 9, 2015 workplace injury in e timely ‘manner. ‘Specification 2. When you engaged in the conduct set forth in Charge X, Specification 2, you violated Library Personnel Policy Section 4.16 (‘Accident Reporting Procedures”), which provides, in relevant pan, and in sum and substance, that “[w]hen work related injuries or iNiness occurs, itis the employee's responsibility to inform hig/ber 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 (“Worker's Compensation Insarance”), ‘which provides, in televant part, andin sum and substance, that “[tJo ensure your physical well- being and the correct processing of these claims, you must notify your Supervisor immediately about any injury occurring during and as a result of employment, no matter how slight.” Specification 4. On or about April 22, 2015, you filed Worker’s Compensation forms on behalf of the Library with regard to your April 9, 2015 workplace injury, eveo though you were ‘ot authorized to do so. ‘Specification 5. On or about May 1, 2015, you returned to work from « medical leave ‘without first providing the Library Bord with a dacior’s note verifying 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 pert, and in gum and substance, thet “[e]mployees returning from medical leave must submit « health care provider's verification of their fitness to return to work.” ‘Spesification 7, On or about May 13 2015, you omsiled then Board President Diane Mazzanti that, “Iam able to resume my full duties without any restrictions necessary in order to Fulfill my responsibilities” and/or “my doctor/health care provider prepared a letter stating that I wes able to retum to work and preform my regular duties as Director”, even though the Mey 1, 2015 letter from your doctor/bealth care provider indicated restrictions on your return fo work. if Your frilure to provide and/or have provided to the Board ina timely manner the May 1, 2015 letter from your doctar/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 to extend for coverage for you 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’ compensgtion 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. ‘Specification 1. On one or more occasions between 00 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, ‘Now, ia regards to the penalty, I find the following: ADDITIONAL RELEVANT TESTIMONY ‘The Respondent testified that she had received a degree from Colurabia University and studied post graduate courses at CW Post in library management. She has 30 credits, and could have received a second master's in library management. She has worked at the Library since 1976, 10 years as the children’s librarian (T. 1654), Prior to working at PoundRidge, Respondent worked at Enoch Pratt, which is in Baltimore, Johns Hopkins, the New York Public Library, and the Baltimore County School System (T. 1655). The Respondent testified about a list of events, public speakers and accomplishments all organized by the Respondent over her 40-year career at the Pound Ridge Library (Res, Ex. II), The Respondent presented the testimony of Evelyn Carmichael, Cynthia Wetzler, Deborah Kivisalu and Eric Koster to corroborete her commitment to the Library (T, 1595-1605, 1620-1648). In addition, the Respondent offered the affidavits of Hand, Beckerman, Gage and Tamer to further her case. Koster testified he lest served on the Board in 2003 prior to the Library becoming a public entity and its employee’s becoming members of civil service. Koster stated that Respondent did carry ont the Foundation’s Board directives. ‘In contrast, the Library presented the testimony of Brian Thompson, Diane Mazzanti and Kirsten Hurwitz. Thompson was a past Library board member and he testified about the difficulties he had with the Respondent during his tenure on the board. ‘Thomson recalled specifically about a board meeting that was held on April 14th, 2009. Prior to the meeting, he had asked the Respondent “to have specific information about staff salaries, tenure, just basic information, which was information that we would need to help us to develop the budget for the year, that we would ask the Town to vote for. Primarily because salaries and benefits is more than 60 percent of what the budget is, and we really, up until now, we didn't have any specific or detailed information. Jt was more just one number for everything” (T. 1513). The Respondent only “provided « sheet, with the names and job tittes, whether they were full-time or part-time. No salary information” 81. 1514), Thompson testified that he was on the board for four years and had no idea how much the Respondent made (T. 1514). Furthermore, Thompson testified that the Respondent was disregarding the Library Board's directives in 2006 by refusing to ‘cooperate with the evaluation process. RECOMMENDATION If an employee is found guilty of disciplinary, charges, the penalty may consist of one of the following; a written reprimand, a fine not to exceed $100, a suspension without pay not exceeding two months, 2 demotion in grade and title, or termination from employment (Civil ‘Service Law Section 75(3)). Courts have held that s penalty witl only be overturned if itis so disproportionate to the offense, in light of all of the facts and circumstances it is “shocking to ‘one's sense of fairness.” Courts have held that a penalty is “shocking to one’s sense of fairness if the sanction imposed is so grave in its impact on the individual subjected to it that it is disproportionate to the misconduct, incompetence, failure or turpitude of the individual, or to the ‘harm or risk of harm to the agency or institution, or to the public generally visited or threatened by the derelictions of the individuals.” Furthecmore, “Consideration of the length of employment of the employee, the probability that a dismissal may leave the employee without any altemative livelihood, his loss of retirement benefits, and the effect upon bis innocent family, all play a role, but only in cases where there is absent grave moral turpitude and grave injury to the agency involved or to the public weal.” (See, Pell v, Board of Education of the City of New York, 34N.¥.2d 222 (1974), ‘Here, the Respondent has engaged in serious misconduct. More specifically, the Respondent has been found on multiple occasions and in multiple matters, guilty of misconduct, neglect of duty and insubordination to her direct supervisors, the Library Board itself. Clearly,the most serious of these are as follows: 1. The Respondent directed employees to check books out of and back into the brary for the purpose of giving a “circulation.” These “cires” caused the circulation statistics to be inflated by thousands of circulations. Thea these “inflated” and misleading numbers were distributed to the public through the Pound Ridge Library website, the Library Board, the Westchester Library Service for their “per capita” calculations and were used in the filing with the State of New York _ in the Library's Annael Repost. 2. The Respondent after being injured in 2 workplace eecident, filed to immediately inform the Board of her accident and then deceived the Board about her condition, In further disregard for the Board or the Policies of the Library, the Respondent filed her ovm Workers” ‘Compensation forms representing herself as her supervisor. In addition, the Respondent returned to work without notifying the Board or providing a doctor's note clearing herto return. In fact, the note she eventually provided to the Board did not clear her to retum on the date she clandestinely returned. 3, The Respondent repeatedly disregarded and deceived the Library Board regarding civil service appointments and terminations. 4, The Respondent failed to track or accurately pay the Library’s employees meal times, overtime, veoation time and keep complete pereonnel/civil service records. In addition, the Respondent lied to the Board's Consultant who was asked by the Board to audit these issues and records. 5. ‘The Respondent intimidated employees of the Library not to speak to the Board regarding isaucs and grievances. Additionally, the Respondent intimidated the children’s libratian who she believed said unflattering things about her to the Board's Consultant, 10In Kuroty. E, Rockeway Fire Dept,, 61 AD.3d 760 (N.Y. App. Div. 2009), the petitioner, was a member of the East Rockaway Fire Department, engaged in a willful course of ‘conduct in which he lied to his supervisor, fabricated documents in onder to cover up his misconduct, and failed to follow a deparmmenta) policy of which he was well informed. Under these circumstances, the Court could not conclude that the penalty of termination of the Petitioner's membership in the East Rockaway Fire Department was “so disproportionate to the offense as 10 be shocking to one’s sense of faimess,' thus constituting an abuse of discretion as a ‘matter of law." The Respondent, inter alia, cites to the following cases in an effort to demonstrate that termination is an inappropriate penalty based on the Respondent's long length of service and ‘other factors, In Harris v. Mechanicville Cont, School Dist ,45 N,¥.2d 279 (1978), a teacher was terminated after found guilty of one charge of insubordination, in Benson y. Board of Edus.,209 A.D.2d 693 (2nd Dep't 1994), a bus driver was terminated after being found guilty of the removal of'a broom from its secure location on the bus by one or more stadents to sweep the bus, and in Myraik v. Landi, 19 A.D.3d 697 (2d Dep't 2005), a 29-year employee was found guilty on several instances of misconduct by submitting false time records for his subordinates termination was not appropriate. T do not find these cases analogous or persuasive to this case, Here, unlike the cases cited {in the Respandent’s brief, the Respondent has demonstrated e willful pattem of deceptive conduct, a total disregard for policy and her supervisors, The Respondent intimidated employees in an atemipt to conceal her conduct and when the Board bired an outside audit firm in an effort to evaluate the status of the Library’s operation including payroll, the Respondent was untruthful and absteuctive in her cooperation. The Record establishes that the Respondent's partemn of‘conduct went as far back as 2006, This Hearing Officer does recognize and give great weight to the Respondent's length of service, but there is nothing in the Record that would lead me to believe that ifthe Respondent ‘was returned to the Library in any capacity, this course of conduct would not continue. In fact, given the findings of guilt regarding truthfuloess and deception in numerous charges in almost every aspect of the Respondent's job duties, the Respondent during the penalty phase of this proceeding demonstrated no remorse on any level regarding any of the charges where guilt had been found. Aa such, termination is the only appropriate penslty, Furthermore, the Respondent who testified three times continued to challenge, blame and accuse others for what transpired, yet never once accepted responsibility for any role in her guilt. However, the Respandent did take entire credit for an undated and uncorroborated list of events, not once naming any siafT or Bowrd members that may have helped her accomplish these gotls. Although the sanction of termination is a severe remedy, the Record repeatedly establishes by substantial evidence, that Respondent's misconduct is ove of moral turpitude, motivated at times by malice, self-regard and her disregard for authority. The Record establishes that the operation and finances of the Library were put at risk and adversely affected by the Respondent's numerous transgressions. Furthermore, with respect to an alternate penalty, the ‘Respondent did not produce any evidence that her termination of employment would impose any impact on herself or any family member, nor did she raise any availability of « vacant position to which she coald be demoted. ONCLUSION ‘Accordingly, a review of the entire Record as a whole, the Record supports by substantial ‘evidence to sustain Charge 1, Specifications 1, 2, and 3; Charge 2, Specifications 3, 4, 5,6,7, 8, 12and 9; Charge 3, Specifications 1 and 2; Charge 4, Specifications 1, 2, 3, 4, 5, 6, and 7; Charge 5, Specification 1; Charge 6, Specifications 1, 2, and 3; Charge 7, Specification 1; Charge 8, Specification 1; Charge 9, Specifications 1 and 2; Charge 10, Specifications 1, 2, 3, 4, 5,6, 7, 8 9, and 10; and Charge 11, Specification 1; and the penalty of termination. Therefore, I recommend that the Respondent be terminated from her employment. Dated: September 26, 2016Exhibit fpPound Ridge Library District Board Meeting ‘September 26, 2016 Present: Bob Fisher, Gerry Kaplan (arrived during Executive Session), Lena Nurenberg, Elisabeth Post-Marner, Erin Regan, Erin Trostle Before meeting was called to order Erin Trostle reported that all members of the board had consented in writing to a waiver of the 24 hour notice requirement. Meeting called to order and board moves into Executive Session for purpose of discussing matters leading to the discipline of a particular Library employee. Brin ‘Trostle is excused from Executive Session. Executive Session Board exits Executive Session. Resolution WHEREAS, by resolution dated February 16, 2016, the Board authorized the appointment of Steven Kasarda as Hearing Officer to conductaa Civil Service Law Section 75 Hearing involving Library Director Marilyn Tinter; and WHEREAS, by letter dated February 23, 2016, Ms. Tinter was notified of the Section 75 charges ("the Charges”); and WHEREAS, by letter dated February 23, 2016, the Hearing Officer was notified that he was to conduct a hearing on the Charges and any amendments to the Charges and that he was to submit the record of the hearing, along with his recommendations, for Board review and decision; and WHEREAS, by letter dated March 10, 2016, Ms. Tinter was notified of an amended set of Section 75 charges ("the Amended Charges"); and WHEREAS, hearings before the Hearing Officer were held on March 24, 2016, April 18, 2016, April 26, 2016, May 5, 2016, May 26, 2016, June 17, 2016 and June 21, 2016 regarding whether Ms. Tinter was guilty of the conduct alleged in the Amended Charges; WHEREAS, in an Interim Report and Recommendation dated August 30, 2016, the Hearing Officer found Ms. Tinter guilty of Charge 1, Specifications 1, 2 and 3, Charge 2, Specifications 3, 4, 5, 6, 7, 8 and 9, Charge 3, Specifications 1 and 2, Charge 4, Specifications 1, 2,3, 4, 5, 6 and 7, Charge 5, Specification 1, Charge 6, Specifications 1, 2, and 3, Charge 7, Specification 1, Charge 8, Specification 1, Charge 9, Specifications 1 and 2, Charge 10, Specifications 1, 2, 3, 4, 5, 6, 7,8, 9, and 10, Charge 11, Specification 1, and found Ms. Tinter not guilty of Charge 2, Specifications 1 and nd WHEREAS, the hearing continued on September 15, 2016 regarding the appropriate penalty, ifany, to be recommended by the Hearing Officer, and WHEREAS, in a Final Report and Recommendation dated September 26, 2016, the 1Hearing Officer recommended that Ms. Tinter be terminated from her position; and WHEREAS, the Board has had the opportunity to review the record of the hearing, including the transcripts, exhibits and post-hearing memoranda submitted by both parties; and WHEREAS, the Board has considered the Hearing Officer’s Interim Report and Recommendation and the Final Report and Recommendation. NOW, THEREFORE, BE IT RESOLVED, that the Board hereby accepts in its entirety the Hearing Officer's Interim Report and Recommendation and the Final Report and Recommendation; and NOW, THEREFORE, BE IT FURTHER RESOLVED, that the employment of Marilyn ‘Tinter is hereby terminated, effective September 27, 2016. Board passes resolution 5-0, Erin Trostle abstaining. Meeting adjourned. Next Meeting: ‘Thursday, October 6, 7:30 p.m.Exh bit JPOUND sramieuteme Ne RIDGE Poe NSIT De. LIBRARY some ee era September 28, 2016 Marilyn Tinter 100 Parkview Road Pound Ridge, NY 10576 Dear Ms. Tinter: This is to advise you that at its September 26, 2016 meeting, the Board adopted in its entirety the Report and Recommendation and the Final Report and Recommendation of Hearing Officer Steven Kasarda with regard to the disciplinary charges against you. As a result, the Board voted to terminate your employment, effective September 27, 2016. Any library property in your possession, including your library-issued cell phone, must be retumed to the library by October 5, 2016. Your final paycheck with the library will be issued September 30, 2016. Because your employment has been terminated, your benefits will be terminated, effective September 30, 2016. You will-be notified by separate letter of your rights with regard to the continuation of your insurance coverage. If you have any questions about anything contained in this letter, please direct them tome. Very truly yours, Lhe Pr Li Erin Trostle President, PRLD Board of TrusteesExhilait oPound Ridge Library District Board Meeting February 16, 2016 Present: Chad Ergun, Bob Fischer, Gerry Kaplan, Lena Nurenberg, Elisabeth Post Marner, Erin Regan, Erin Trostle, Stephen Brussels Also present: Richard Zuckerman Agenda adopted. Minutes from February 2, 2016 working session approved. reasurer’s Report Stephen circulated financial reports in advance of meeting, Warrants and Salaries approved. Katonah Management's insurance agent and Library's attorney will finalize contract. Buildings & Grounds Board approves Savatree contract. Board approves generator service contract for level 2 service at $796/year: Stephen sending someone to look at roof leaks on February 17. Cottage repairs will occur before new tenant moves in. Cottage cleaning scheduled for March 11. Realtor Jill Posner will handle walk through with tenant. Stephen Brussels departs. RESOLVED, that the Board move into executive session to discuss matters concerning the employment history of a particular person, matters leading to the discipline ofa particular person, and for the purpose of seeking legal advice from the Board's attorney. Erin Trostle is not present for Executive Session. xecutive Executive session terminated at 9:15. RESOLVED, that the Board hereby appoints Steven Kasarda, Esq. as the Hearing Officer in the discipline charges brought pursuant to Civil Service Law Section 75 against a Pound Ridge Library District employee. BE IT FURTHER RESOLVED, that pending the determination of the charges, the employee will be suspended with pay, effective the day after the charges are served upon the employee. RESOLVED, that the Board return into executive session to discuss matters concerning the employment history of particular person, matters leading to thediscipline of a particular person, and for the purpose of seeking legal advice from the Board's attorney. Executive Session Executive Session terminated at 9:25, Kitchen renovation Elisabeth presents proposal and budget for kitchen renovation for Board review. REP Elisabeth recuses herself from RFP discussions. Erin Trostle will circulate electronic copies of proposals and will notify applicants that Board will decide on short list by March 22. ‘The meeting adjourned at 9:45 PM. Next Meetings: ‘Tuesday, March 1 @ 7:30 working session. ‘Summary of Motions/Board Actions Board approves Savatree contract Board approves generator service contract Board appoints Steven Kasarda Hearing OfficerExhibit OPURSUANT TO SECTION 75 OF THE CIVIL SERVICE LAW POUND RIDGE LIBRARY DISTRICT -against- MARILYN TINTER, Respondent, AFFIDAVIT, STATE OF NEW YORK ) COUNTY OF WESTCHESTER , ° Michele Gage, being duly swom, deposes and says: 1. Tama twenty-year resident of Pound Ridge, New York. 2, Lam making this affidavit at the request of counsel for Respondent, Marilyn “Tinter, in this proceeding to set forth certain facts of which I have personal knowledge. 5, I served as a member of the Board of Trustees of the Pound Ride Library District for several years, including two full three-year terms after the library became # tax district in approximately 2003. 4. During my time on the Board, there was a great deal of contention about the role of the Board and the role of Library Director, Marilyn Tinter. [twas a power struggle. Some members of the Board wanted to have control of the day-to-day operations of the library and Wanted to get rid of Ms, Tinter who was handling the day-to-day operations. 5. Board discussions also frequently involved complaints by Board members tt Ms, Tinter’s salary was too high. ‘There were also requests by some Board members to ereate a juecession pln for Ms. Linter to retire REE AE a2)red when 6. These Board discussions often resulted in shouting matches and conti Robert Fischer joined the Board at about the fast year of my time on the Board. 7. After I left the Board, | happened to see Mr. Fischer in Scott's Corner Market and, ‘even then, Mr. Fischer complained about Ms, Tinter and said he wanted her removed as director clu Gesg Michel¢ Gay of the library. Sworn to before me this $0 day of Sune, 2016 Pb bom) Lele Notary Publ rotary Public, State uslified in Westenaste, Peg. No. OIMABICRSTC 7 My Comm selon Expires _/. 9 ACKNOWLEDGMENT On June LC, 2016, before me personally came Michele Gage, to me known and known to be the individual described in and who exceuted the within affidavit, and he (she) thereupon ‘as therein stated, sign and swear to the truth of said alfidavit. acknowledged that he (she) diExhibit 10PURSUANT TO SECTION 75 OF THE CIVIL SERVICE LAW POUND RIDGE LIBRARY DISTRICT -against- MARILYN TINTER, Respondent. AFFIDAVIT STATE OF NEW YORK ) dss. COUNTY OF WESTCHESTER —) Kenneth E. Tumer, being duly swom, deposes and says: 1, am a twenty-year resident of Pound Ridge, New York. 2 1 am making this affidavit at the request of counsel for Respondent, Marilyn Tinter, in this proceeding to set forth certain facts of which I have personal knowledge. 3. I served as a member of the Board of Trustees of the Pound Ridge Library District from 2006 to 2012. 4, While I was on the Board, Board members Robert Fischer and Peter Clough were that they wanted to ‘openly hostile to the Library Director, Marilyn Tinter, frequently indice replace her. They said she was overpaid. Fischer nd Clough also wanted more control over the day-to-dey operations of the library.ACKNOWLEDGMENT On June A€, 2016, before me personally came Kenneth E, Tumer, to me known and known to be the individual described in and who executed the within affidavit, and he (she) thereupon acknowledged that he (she) did, as therein stated, sign a othe #fith of said affidavit.Exhibit ||ai age ayjeu9pun oF pavog] 941 40F ERO]! 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ZdUIN> BUUEW BOUIN ‘We LIE bLOZ ‘ez ABN “AepIs UO tas - eULEW SDUIA :01-Ados “ BULB OUI soBessoul & BoNON UOReUBISeY :M4 Wa 64:9 Te pto7 ‘6 das ‘ek. Date: September 9, 201 | at 3:45:08 PM EDT ‘To: Gerry Kaplan , Marilyn TinterAmtinter@wismail.org>, robert fischer Subject: Re: October meeting 11am available on October 4th, Tuesday. However, | am puzzled by the agenda item: reading the pension plat discussing how it works. I'm not sure why we would have to do tha employees are covered by a long-standing 403(b) plan (TIAA-CREF) IRS-approved pension plan in which libraries and other not-for-proft educational institutions participate, We are not going to change the terms of that document because we don't have @ right to do so, We are committed to making the contributions agreed-to many, many years ago. Why are we getting involved in issues that are not within our province? Just for arguments’ sake: suppose every new Board decided to intervene in the on-going, accepted practices of pension plans and their funding, There would be havoc and no cceriainty in the retirement benefit. This is exactly the opposite of what a 403(b) is supposed to accompli As I said earlier, | am puzzed by the need to have to examine this issue; | thought we put it k to rest the last time it was raised; and 1 will not only oppose its examination (because | thi it's wrong to do so and demeaning) but | will also move to have the state attorney general's office look into the question of whether a Board can overstep its boundaries by insisting on reviewing/changing county-wide retirement practices, Forgive me if { sound irritated, but in reality, 1 am quite frustrated by the constant wrote: From: lobert fischer bob ischer6 @ymail.com> F Outober meeting To: "Gerry Kaplan" , "Marilyn Tinter" -, "Miriam Schindel" Date: Friday, September 9, 2011, 3:16 PM Good afternoon. 1 would like to propose that we meet Tuesday, Oct 4 or Thursday, Oct 6 to discuss: |. formalize procedures for actions by the Endowment fund(s) in buying, selling, or transferring bonds as well as transferring funds from the Endowment to the Library. 2. discuss the feasibility of using a different fiscal year for better cash flow. 3. examining the operation of the pension planyincluding reading the plan documents. What is everyone's availability look like? Fischer.Ex\i bit \%swestch Mastenester Marilyn Tinter Fa, Nay 11, 2012 at 11:14 ¢ To: Mariya Tinter Manlyn, | did not take this decision lightly but considered deeply how it might move the trustees to seriously consider their roles and conduct, Part of my decision stemmed from an e-mail from David alluding to the acceptability of Bob's actions. He noted that he had spoken with both Bob and Peter You should also know that David approached me about forming a special liaison among him, Peter and me to integrate the deliberations of the Long Range Planning committee with the outside consultant. If | understood his me wants some control over long-range planning. Clearly, David was setting up strong head winds to accomplishing much without the input of Peter and consultant. Peter has used our Board meetings as a platform for his poitical views, land he has not been called out. | simply could not abide that conduct as part of long term planning, thus assuring another venue where I would be publicly embroiled in unproductive and distasteful debate with Peter. With my resignation and dissident voice off the screen, the Bard has a great opportunity to assess i's direction and processes. When I return to New York on Momday, | will send you my formal letter of resignation, and one for the Long Range Planning Committee. Best regards . Sent from my iPhone Begin forwarded message: From: false Date: May 11, 2012 10:40:39 AM EDT To: lee goldstein Subject: Re: An explanation of the process followed to select an auditor Lee, thank you for your thoughts. | believe that as much as I want to be a part of this Board, and believe | can make some contribution, i is even more important that | speak out against the pattem of misinformation, disinformation and "bullying" that has emerged on the Board. If my resignation results in bringing this (o the surface in an honest way and changing the way the Board conducts future business, then 1 would have accomplished a great deal, ‘You are a great addition to the Board and know fiat you will make significant contributions during your tenure. Best regards: Miriam Schindet (MRSchindel@att vot) On Fri, 5/11/12, lee goldstein wrote From Ine goldstein <1 ein Qyahea.ra0> Subject’ Re Aa explanation of the process follozaed 19 select an suhto Te “YRSclun Dave Foy May 1M rly sah ta coe RZ Lem foneTo: bob fischer Ce: “david. dow@boehringer-ingelheim.com” ; Gerry Kaplan ; Jennifer Coulter : Ken Tumer ‘ekat3@ogtonline.nol>; Lee Goldstein ; Marilyn Tinter ; “tmrohrer@optonline.net” Sent: Friday, May 11, 2012 12:53 AM ‘Subject: Ro: An explanation of the process followed to select an auditor To the Library Director and all Trustees: | wish I did not have to respond to Bob's e-mail. At the tme when we discovered that there were three proposals, not just one, there were several trustees very upset. | asked David to give Bob an opportunity to explain why he had not shared the three proposals with either the Finance Committee or the full Board... And to explain why he told us there was only one written proposal. | appreciate that this is a difficult situation for everyone and that we wish it would just disappear. Yet | recognize my obligation to those whose public trust | hold, and am therefore compelled to say that the explanation that has been offered is unsatisfactory. At the heart of our present problem is what appears to be withholding of information and associated misrepresentations. This has not been addressed in the explanation. Rather there is a palpable note of annoyance that the course of action that was unilaterally taken by Bob is even being questioned. | am stunned by this since it appears to disregard the effect on other trustees upon finding out that they had been misled. {am further troubled that again in Bob's e-mail to the trustees he shares only certain information, He offered to the Board my e-mail correspondence saying | ‘was leaning in favor of O'Conners and Davies, but conveniently did not share with the Board my request to him that he stil get formal proposals from the ‘others whom he identified as giving only dollar quotes. | also stated repeatedly to him my concern about his statement that no one else wanted to submit formal proposals, a statement that has given rise (o this whole mess. | have a letter from the Sedore firm chronicling their conversations with Bob and making clear they would provide him with a formal proposal within a day or so of his initial request fur same from them, hich in fact they did, Yet the Finance ‘Committee was at the same time being {old that no additional proposals were forthcoming. We've also now been told that even when Bob received the proposal from Sedora he didn't bother to read it because he had already decided that the O ‘Conner firm was the best candidate. It is this one-person decision-making approach that seems to be overtaking this Board's processes that issues of trust and transparency have > endl justifies the mans | and the best firm may have ay public boars | cannot speak for others, but | fee! en rised by tl fant. Some inay feel that t that in fact th 0 proposals were writ been selected, But let me assure you that this 15 not th nqjar ot hove this say bos vil continu to fate tr mnehion. ifsignificant tax-payer monies, then I cannot lend my name or reputation to this endeavor. 1am very surprised and disappointed by what has transpired here and regret the discomfort we all feel as a result of this incident. Inall, | am very uncomfortable at Board meetings as | witness unbridled “bullying” and outbursts of anger and recriminations. | agonize about the disrespect accorded by some to our Library Director and the constant attempt to marginalize her managerial prerogatives. | dislike having to be the predictable voice of opposition as | see process and good govemance being flouted by a few power-seeking individuals. As | stated earlier, my convictions about what is right and what is not lead me to the decision that ! cannot continue to serve on this Board given the "persona" this Board has adopted. | will submit a formal letter of resignation to Marilyn with the reasons for my decision. Sent from my iPhone ‘On May 10, 2012, at 9:37 PM, bob fischer wrote: Dear fellow trustees: Miriam and Gerry seem too fee! that the process by which we chose O'Connor Davies as an auditing firm is flawed. Miriam puts forth that a critical formal proposal was withheld and that it affected the process. | disagree but am outlining the procedures | followed and summarized at our last Board meeting. | contacted seven different firms. Two declined immediately because they did not have sufficient experience or qualifications to perform municipal audits. Two declined because they felt that the location was too far and/or their minimum fee was too high. The following firms submitted written bids through emails: Lederer and Levine. They have fourteen people in their firm. They are fully knowledgeable about GASB but do not do any municipal audits. Their fee was $10 thousand. Sedore and Company. They have twenty four people in their firm. Their practice consists of roughly 70-80% municipal audils and hence they are thoroughly knowledgeable with GASB. Their fee was $9-9.5 thousand O'Connor, Davies. etal. They have 250 people in theirlargest firm in dollar volume in the US, They also happen to do the Wilton and White Plains library audits, as well as the Town of Pound Ridge. Their fee was $8.5 thousand. By April 8 or 9, my personal feeling was that O'Cornor Davies was the best firm that met the needs of the Library, They were the largest firm, with the greatest breadth of experience and the least cost, They were the only firm as of that date who had sent a formal Proposal. | was also accounting profession's oversight organizations. Each firm must follow these Procedures and has little discretion in performing the Proper procedures, Given that, | Presented the Finance Committee with my findings in a formal email, which is attached, | received back an email from Miriam giving her tentative approval on April 9. When | asked Gerry whether he wished to interview any of the firms, he said no. He indicated that he wanted to go with O'Connor Davies. This was done verbally. On April 10, Lederer and Levine sent me a formal Proposal, which | did not even read. They had told me that they had limited municipal government experience and | further, this firm virtually had no experience in actually doing a municipal audit. This was Not the firm for us, in my opinion. For good order's Sake | should have sent the proposal to the other members of the Finance Committee. Now when look at their Proposal, it only further confirms that we made the right decision They offerad to review our Form 990 and Charities Bureay feports. Thase only pertain to non-profits. We do not do non-profit accounting, which comes under FASB. but inuticinal .Both David and | have contacted an attorney with the Controller's department who confirmed that we followed NY State law with regards to selecting an auditor. Since we have no formal procedures specifying how we hire consultants, no violation of our procedures has been made. It would therefore follow that we have selected an auditor. What bothers me personally is that we selected the largest firm with probably the best qualifications at the lowest price. We have followed NY State law and here we are three months after deciding to do an audit, still not engaged in performing this. Bob Fischer Exhibit [4PURSUANT TO SECTION 75 OF THE CIVIL SERVICE LAW POUND RIDGE LIBRARY DISTRICT -ayainst- MARILYN TINTER, Respondent. x AFFIDAVIT STATE OF NEW YORK ) COUNTY OF WESTCHESTER } “ Elise A. Burke, being duly sworn, deposes and says: 1, Tam Executive Assistant at the Westchester Library System (“WLS”) 2. J am making this affidavit at the request of counsel for Respondent, Marilyn Tinter, in this proceeding to set forth certain facts known to me regarding circulation statistics submitted by the Pound Ridge Library. 3. New York State’ Library Division of Library Development requires that each libcary complete the Annual Report for Public and Association Libraries. Part of my job duties as the Executive Assistant at WLS is to act as the liaison to the NYS Library for the submission of WLS's Member Libraries’ Annual Reports. Below is a description of the process followed in reviewing and submitting the Reports. 4, WLS provides data throughout the year for the libraries’ use in completing some sections of the Annual Report: but itis the individual library's responsibility to enter the data as best they can and submit the Report via the online sofiware provided known as Bibliostat Collect. The Library Boards are also expeeted to review and aceept the Report, and one question RG EYcalls for the date that the Library Board met to review and accept the Report. Certain checks for the Annual Reports are built directly into the online software, These must be cleared before the Report can be successfully submitted, 3. After the Report is submitted online, the next step is an initial review done by the System Liaison. This review includes comparing the current year to the previous year, and a few other comparisons. When certain questions have a substantial change (10% or more) from one year to another, the library director is contacted regarding the information reported to see if the number entered is accurate; and if so whether there is a particular reason for the change. If the number is to remain as reported, a note is added to the Report stating the reason for the increase/decrease if warranted. 6, After all of the member library Annual Reports are completed, and review through Bibliostat questions are answered, then all of the Annual Reports are submitted ot Collect to New York State Library Division of Library Development for their review. WLS is notified by the State of any questions from their review so that WLS can facilitate getting the answers. 7. With regard to Pound Ridge Public Library’s 2014 Annual Report, there was about a 10% increase noted in Question 4.12 Grand Total Circulation (went from 120,808 in 2013 to 132,891 in 2014), Library Director Marilyn Tinter was contacted regarding the increase; and afer an explanation was given by her, a Local Note was added to the Report as follows, "Per Marilyn, figure correct part of program to refresh collection." ‘The Local Note is attached as Exhibit A. That Report, with the Local Note, was submitted to New York State Library's Division of Library Development. The document reccived following the Statc’s review of the Reports did not include any further question regarding the Pound Ridge PublicLibrary's Report. Based on my experience, if the State had determined that the explanation for the increase as stated in the Local Note was not sufticient, WLS would have been notified by the State and instructed to inquire further with Ms. Tinter. a Ebi Lh. Borbe Elise A. Burke Swom to before me this LZ day of June, 2016 Ly 4 Danae NotaryPublic ACKNOWLEDGMENT On June /7_, 2016, before me personally came Elise A. Burke, to me known and known to be the individual described in and who executed the within affidavit, and she thereupon acknowledged that she did, as therein stated, sign and swear to the truth of said affidavit. ° Lobe Lense Notapf Public ‘SedaAnnual Report ror rupiic Ana ASsociauon Liprares - 2u14 Federal Notes State Notes Local Notes 1. GENERAL LIBRARY INFORMATION No Notes 2. LIBRARY COLLECTION No Notes 3. LIBRARY PROGRAMS, POLICIES, AND SERVICES No Notes 4, LIBRARY TRANSACTIONS. 4.12 Grand Total Circulation Transactions (Total Locat Note: Pet Marilyn, figure correct part of program to reliesh collection. questions 4.7 & 4.11) 5, TECHNOLOGY AND TELECOMMUNICATIONS No Notes 6, STAFF INFORMATION No Notes 7. MINIMUM PUBLIC LIBRARY STANDARDS No Notes 8. PUBLIC SERVICE INFORMATION No Notes 9, SERVICE OUTLET INFORMATION Repeating Group 1 31. WiFi Access 10, OFFICERS AND TRUSTEES State Note: will users must accept WLS guidelines for use. Repeating Group | 10. Term Begins - Year (year) State Note: Repeating Group 1 12, Term Expires - Year (yyy) 11. OPERATING FUNDS RECEIPTS Trustee is filling an unexpired term. State Note: Trusiee is lilling an unexpired (erm. No Notes 12, OPERATING FUND DISBURSEMENTS 2 Professional & Consultant Fees State Note: $16,150 paid to Library consultant State Note: S14.661 pad to Regan Insurance 1 12.24 Other Miscellaneous 13. CAPITAL FUND RECEIPTSNo Notes 44. CAPITAL FUND DISBURSEMENTS No Notes 15. CENTRAL LIBRARIES ‘No Notes 16. FEDERAL TOTALS No Notes 17. FOR NEW YORK STATE LIBRARY USE ONLY No Notes SUGGESTED IMPROVEMENTS No NotesExlaloit 1sPOUND RIDGE ¢) President’s Report — Oct. 27, 2016 Five newly-elected Trustees began their service on October 1, 2016 under less than ideal circumstances. Due to a number of actions and inactions by the prior Board, and the Interim Director, the operations of the Library are in dire straits, and, for the reasons I will explain in a few minutes, it will take considerable effort on our part just to keep the Library functioning. At the conclusion of the meeting, I will provide a copy of this Report to the Secretary so that it can be attached to the minutes and posted on the Library’s website. Copies of this Report will also be sent to the newspepers. Before I get into the details, I want to put on the record what I believe to be the role of the trustees of our Library. Our obligation is to be prudent stewards of the Library as an institution, and of the funds entrusted to us by the taxpayers and donors. As fiduciaries, it is our obligation to make decisions on the basis of thoughtful and deliberate consideration of all the facts and circumstances, to implement and follow sound recordkeeping and decision-making procedures, to observe all relevant legal requirements and restrictions, and to seek professional advice when prudence dictates, with an eye single to the best interests of the Library. As President, I will endeavor to assure the Board adheres to these guiding principles, and we will soon adopt a written Ethies Policy to this effect. 1 intend to report regularly to the public on the significant issues that come before the Board. I expect the members of this Board to treat each other, and the public, with civility end respect, regardless of any disagreements we may have. In the first twenty-seven days of my tenure as President, our message of civility and transparency has been tested to the core. Yet, I intend that this Board continue to act with genuine regard for all opinions, despite sometimes harsh intemal and extemal criticism and the obstacles placed before us. With that introduction, let me turn to the four major issues that we have confronted in the last twenty-seven days. These are: (1) issues relating to the termination of Marilyn Tinter; (2) Library staffing; (3) fiscal accountability; and (4) appointment of new Trustees.Tinter. As you know, the prior Board voted on September 26th to terminate Ms. Tinter’s employment, following the report and recommendation submitted by Mr. Kasarda, the hearing, officer appointed by the privr Board to hear the charges filed against her. The Board's decision ‘was made within hours of the Hearing Officer’s recommendations and on the eve of the election, for new Trustees. On September 29, 2016, Mr. Tersigni, wrote to the Trustees-elect requesting negotiations to prevent further litigation, and rescission of the prior Board’s decision to terminate Ms. Tinter, at least for the duration of any negotiations. In the absence of such interim relief, Mr. Tersigni advised the Board that he intended to proceed with an appeal. 1 responded to Mr. Tersigni requesting that he direct his request to the full Board of Trustees (which he did on October 6th) and advised him that the Board would consider his request within its capacity as Library fiduciaries, not as supporters or opponents of Marilyn Tinter. In order to prepare for possible negotiation talks with Mr. Tersigni, both I and Pat Daver, the Board’s Secretary, reached out to the Westchester County Department of Human Resources (WCDHR), which administers the county’s civil service law, to ascertain exactly what our options are regarding Ms. Tinter’s employment status. Pat Dauer and I have had several lengthy conversations with the Assistant Commissioner of Human Resources, who informed us that the this Board cannot legally reinstate Ms. Tinter without the consent of WCDHR. According to the Assistant Commissioner, an application for reinstatement would have to be made to the Commissioner that would be reviewed by WCDHR, taking into account the record, findings and recommendations established during both phases of the formal hearing. Consequently, regardless of how any of us may feel about the prior Board’s decision to file andi pursue charges against Ms. Tinter, and ultimately terminate her employment, the current Board cannot simply undo the prior Board’s actions without the approval of the Commissioner of WCDHR. By the same token, regardless of the very vocal sentiments of those opposed to Ms. Tinter's reinstatement, this Board must, as fiduciaries, address the demands made by Mr. Tersigni. Accordingly, this Board will review all the facts and circumstances associated with the decision by the prior Board to terminate Ms. Tinter This Board will, among other things,consider the astronomical, unchecked costs to the taxpayer of that litigation (with the immediate effect of diverting funds from staffing, programs, etc), the continuing reputational damage to the Library and Marilyn Tinter, as well as the effect of further litigation on the Library's ability to focus exclusively on its core mission and goals, Moreover, in weighing the likelihood of successfully defending an appeal, this Board must consider the proportionality of the penalty to the charges brought against Ms. Tinter, and the haste with which the prior Board meted out its decision to terminate her employment, With all this in mind, Carl Weinberg, Vice-President of the current Board, was charged by the Board to contact Mr. Tersigni to discuss his demands. For reasons that appear to be related to Mr. Tersigni's concer for statutory filing requirements, on October 11, 2016, Mr. Tersigni served Notice of Claim on the Library and each of the Trustees. A Notice of Claim is a legal step required before one can file certain kinds of legal claims against a governmental entity, and permits the parties to consider settlement options during a defined period of time. The filing of the Notice of Claim by Mr. Tersigni compelled the Board to notify the Library's insurance carrier of threatened litigation. Following its review of the Notice of Claim and related documents, the insurance company informed us that the claims asserted by Mr. Tersigni are covered by the Library’s employment practices liability insurance policy. Except for a small deductible of $5000, the Library's insurance will cover the cost of defending the claims asserted by Mr. Tersigni, as well as the cost of any resulting liability. It is anticipated that the cost of any settlement in lieu of litigation may also be covered under the insurance policy. However, the Library is required to comply with the insurer’s litigation defense procedures in order to get the benefits of insurance coverage. The insurance carrier has appointed the firm of Gordon & Rees, LLP, to defend the Library and advise it regarding potential settlement of the matter. I have attached to this Report the biographies of the lead Partner and Special Counsel handling the matter. Just today, I had a lengthy discussion with the attorneys and they will be meeting with the full Board very soon. It is important to make clear to all that as a result of Mr. Tersigni’s filing of a Notice of Claim, the Board's options in dealing with Mr. Tersigni directly, and with WCDHR, have been sharply curtailed. Any settlement we may wish to reach with Ms. Tinter is now subject to the “3+review and approval of the insurer, and our failure to follow the insurer’s advice could result in our forfeiture of insurance coverage. At this point, we are awaiting our counsel's assessment of Ms, Tinter’s claims and possible settlement of the matter. In order to enable the counsel appointed by the insurance company to advise us in this matter, I have asked the law firm of Lamb & Barnosky that represented the Library in the proceedings against Ms. Tinter, and specifically Mr. Richard Zuckerman, to tum over to us the entire original file in the matter, They have agreed to do so if we agree to pay certain costs, including payment for their time in responding to our request. Their response will be reviewed by the Board at its next meeting. On a related note, we found out shortly after taking office that Mr. Zuckerman (or his firm) submitted a bill to the prior Board for approximately $28,000 on either September 27" or 28th for services provided through the day of election, and the bill appears to have been immediately approved for payment. If there was any backup documentation indicating what work had been performed to justify that expense, it could not be located in the Library’s files. Mr. Zuckerman was asked to provide that documentation, which we recently received, ‘The backup documentation indicated that, in addition to time billed in connection with the Tinter litigation, the law firm had provided advice to the Board regarding election issues. This will require further inquiry. With respect to legal fees incurred by the prior Board, itis important that the public be made aware that for the nine-month period between January 1, 2016 and September 30, 2016, the prior Board spent more than $223,000 in legal expenses. We are still in the process of ascertaining the nature of those legal services. It appears that during the same nine-month period, the prior Board spent approximately $175,000 for salaries, pension and benefits (excluding amounts paid to Marilyn Tinter) for a skeletal staff of mostly part-time workers, and certain exempt-employees were asked to work six days a week in order to maintain services at pre-litigation levels. And as I will report shortly, the number of Library employees is quickly shrinking because of challenges from WCDHR to the Library’s hiring practices during this nine-month period.‘Two final points regarding Ms. Tinter: As was widely reported in the press, Police Chief Ryan is investigating possible misuse of the Library’s credit card during the period between January 1, 2013 and December 31, 2015. We now know that approximately 17 current and former employees and trustees of the Library are expected to be interviewed by Chief Ryan in connection with this investigation. Based on Chief Ryan’s statements to the current Board, it is expected that the investigation will be completed shortly and the Board will receive a report of his findings. Accordingly, neither the insurance company nor WCDHR is expected to be able to make any decision regarding Ms. Tinter’s demand for reinstatement or settlement, nor can this Board even submit any application to the WCDHR, until we receive Chief Ryan’s report and it is fully reviewed by all the relevant parties. Finally, over the course of the last two weeks, the Board has received from one individual three different Freedom of Information Law (FOIL) requests (attached to this Report) requesting information regarding the Board’s actions relative to Ms. Tinter. These requests will be addressed in accordance with the requirements of FOIL. 1 Library Staffing. ‘The second major issue that we confronted upon taking office was the discovery that certain employees hired in the last nine months have been working without required WCDHR authorization, ‘On the date of the election, the Library staff consisted of an Interim Director, one full- time Librarian, a part-time Librarian, a part-time Library Assistant student trainee, a part-time Library Staff Assistant, and a full-time Clerk. Except for the full-time Librarian, the employees were hired by the Interim Director. These are all civil service positions, and there are detailed rules governing how these positions can be filled. As it tums out, the Library did not comply with these rules with respect to certain hires, and neither the Interim Director nor the prior Board shared information with the current Board as to the impending consequences of their hiring decisions. One day prior to our taking office, the Interim Director resigned without notice. He did not even personally tum in his keys, eredit card, and other Library equipment that he kept at hishome. Instead, he asked the senior Librarian to meet him on the following Saturday in a parking lot outside of town to tum over the Library’s property. He did not leave any instructions to guide the Board, or the staff, nor information regarding the location of files or critical documents. AS discussed at its first Board meeting, the new Trustees were confronted with locked file cabinets, and unsecured cabinets containing staff personnel files. This required the immediate allocation of $1,000 for new locks and keys to assure authorized access to Library documents and their ‘ongoing security, which has now been accomplished. Most important is that the employees hired outside of civil service rules did not know that their continued employment with the Library was in imminent peril. On October 13, 2016, I received a letter from the Deputy Commissioner of WCDHR notifying the present Board that the continued employment of the person in the Clerk position ‘would constitute a violation of civil service law and would subject the Library, and each of the Trustees, to penalties. The letter further advised that it is a “misdemeanor for any officer to “willfully pay or authorize the payment of salary or compensation to any person in the classified service with the knowledge that the ... appropriate civil service commission has refused to certify ...’ that person on the payroll.” A copy of the letter is attached to this Report. As will be apparent upon reading the letter, the prior Board President, the Interim Director and the paid-Consultant hired by the prior Board, were each apprised by WCDHR that the Library had engaged in hiring practices that violated civil service rules regarding certification and staffing. The letter describes the chronology of events and a face-to-face meeting of the parties on August 4, 2016, and delineates the actions the prior Board was required to take in order to avoid the situation this Board now faces. The letter states that because the prior Board hhad not taken any actions sperified during the August 4th meeting, the employee in question must be terminated by November 7, 2016. This employee is chiefly responsible for the financial recordkeeping of the Library. There is no other employee now working for the Library who can currently assume the responsibilities of this position, Pat Deuer and I have been communicating with WCDHR nearly on a daily basis to avoid what may be the inevitable termination of this employee on November 7, 2016. Pat Dauer will report more fully on this situation later in this Special Meeting,The Library Assistant student trainee’s position is also in jeopardy. She will be subject to termination shortly after the end of 2016 unless her position is properly certified, and she completes the eligibility requirements to be “listed” under civil service rules. This employee is the Library’s Webmaster and she is solely responsible for publication and management of the ‘website's content. No other current employee can assume her responsibilities. Here too, Pat and I are working hand-in-hand with WCDHR to assure that this employee can continue to work beyond 2016 in a properly certified position. In a somewhat similar situation, the Library last week was forced to accept the resignation of our part-time Librarian responsible for Adult Programs. She accepted a Library II position elsewhere because she was not hired by our Library into a position commensurate with her training and credentials. This individual had scored 100% in her qualifying exam, and the prior Board could have appointed her to a full-time Library I position, pending certification and “Misting” for a Library II position. But, no action was taken, We thank her for her terrific service, but her departure has created a significant hole in our Adult Programs. This staffing crisis could have been adverted by careful adherence to civil service rules and good planning. Today we are barely managing to keep afloat by stretching our remaining staff to take on additional responsibilities and tasks, but it has put a substantial and indefensible strain on these employees, not the least of which is the uncertainty of not knowing whether they will be asked to leave (or whether they should seek other employment as the part-time Librarian did) because of flaws in the hiring process. In sum, the actions and inactions of the prior Board and the prior Interim Director may shortly result in the Library being reduced to a staff of two (one Librarian and one Clerk), down from the already meager staff of six (mostly part-timers) that was employed on the day of the election. We are working frantically to deal with this crisis so that we can keep our doors open and maintain our programs. This is our top priority. Pat Dauer will report tonight on our efforts to “canvass” for various positions, including discussions with WCDHR about the open Director position.I. Financial Controls. The third major issue we have confronted in our first month in office is the Library's seemingly loose system of financial controls. We have not been able to identify as of this date: (1) the existence of documented policies and procedures that comply with the General Municipal Law; (2) procedures for Board approval of expenditures before they are paid; (2) who all the: authorized persons are who can make purchases on behalf of the Library, and by what means; and (3) the reasons for the imposition of tax(es) on Library purchases even though the Library is fa tax-exempt entity. We have asked Mr. Steven Brussels of the Katonah Management Group, ‘who was retained by the prior Board to handle the Library’s financial function, to describe to us this evening the financial, accounting and budget systems currently in place. Michele Gage, our co-Treasurer, has begun to develop the necessary policies and procedures to assure that we have the legally-required financial policies and procedures in place, and the proper controls and accountability going forward. She will provide a preliminary report on her findings later in this special meeting. Appointment of New Trustees, The final issue in my report is the need to appoint three new Trustees. Between September 27" Election Day) and October 1" (the day the new Board took office), three trustees from the prior Board abruptly resigned. Under the Library’s by-laws, these vacancies can be filled by appointment by this Board, and we have begun the process of identifying suitable candidates. We would particularly like to bring onto the Board someone with school-age children, so that we can make sure we hear from and consider this important constituency and stakeholder. I have made clear to everyone I have spoken to about these positions that we will not ask them whom they voted for in the election. That is inconsequential. We are looking for individuals who have a strong interest in the Library as an institution, and who have valuable skills and experience to bring to the Board. We are looking for “fresh faces” as we believe that it is important to the vibrancy and growth of the Library to avoid insular thinking. We hope to have the Board up to full strength by the end of this year. I thank you for your attention, and now turn to the next item on the Agenda. Miriam SchindelWestcheteimn Robert P, Astacio County Keative Department of Human Revourcee October 13, 2016 Ms. Miriam Schindel Library Board President Pound Ridge Public Library Hiram Halle Memorial Library 271 Westchester Avenue Pound Ridge, New York 10576 RE: Patricia Dolce — Senior Clerk (0186-02) Dear Ms, Schindel: On 3/7/2016, HR Specialist Scott Burkart sent an e-mail to the Interim Library Director, Maurice Freedman, asking for a list of employees currently on staff at Pound Ridge Library and the civil service titles they hold, so that we could verify our records. In his response on. 3/10/2016, there were several employees who had not been reported to our office, including Patricia Dolce. On 8/4/16, a meeting was held with Mr. Freedman, Mr. Burkart, Assistant Commissioner for Human Resources, Megan Mukerji, then-Library Board President, Erin Trostle, and HR Consultant, Ronni Travers. At this meeting it was determined that Patricia Dolce had been hired by the Pound Ridge Library on 1/6/2016, presumably as a part-time, non-competitive Senior Clerk, however the Pound Ridge Library did not have that position authorized on their civil service roster, and this office had not been contacted to determine the appropriate civil service title prior to hiring Ms. Dolce. Further, we had never received any paperwork to report this appointment. This office had requested and received a statement of the duties assigned to Ms. Dolce, so that we could classify her position to an appropriate civil service title. Upon review of the duties described, we determined that the appropriate civil service title for the work performed by Ms. Dolce is Staff Assistant ~ Library. The Staff Assistant-Library position is a competitive class title, and there is an eligible list for this title with twenty candidates. Ms. Dolce is not one of the candidates on the list, and therefore, her appointment to this title cannot be made without canvassing and clearing the list to less than three eligible candidates willing to accept the position. In an effort to allow the library time to canvass the Staff Assistant - Library eligible list and interview interested candidates, we agreed that Ms. Dolce could be appointed on a temporary basis to this title effective 8/9/2016 for no more than 90 days, with the appointment ending on 11/7/2016. The Pound Ridge Library was issued the certified list for Staff Assistant - Library on 8/19/16, and would have 60 days to canvass the eligible list to see if there were three ‘Sule 100, Michaetan Ofce Bulding 149 Marine Avenue + Whe Paine, New York 10601» Tel (614)095 2100 = TDD (014582 3408, * vommstasnestesn comcandidates willing to accept the part-time position. If there were at least three people willing to accept the position, the library would have to appoint one of the candidates from the list and remove Ms. Dolce from the temporary position. If there were less than three candidates willing to accept the position, the library could appoint Ms. Dolce on a provisional basis, with the understanding that Ms. Dolce would have to pass the next exam that is held for this title and be reachable for a probationary appointment from the Staff Assistant- Library eligible list. To date, we are not aware if this list has been canvassed or if interviews have been held. Therefore, based on the above information, we have no choice but to refuse to certify Ms. Dolce’s employment as a Senior Clerk in the Pound Ridge Library for the period that was not in compliance with civil service requirements. Specifically, the period of employment from 1/6/2016 through 8/8/2016 is deemed “unauthorized” and will be so noted in our records. Please amend your records accordingly and notify the individual of this matter, as periods of unauthorized employment may impact service time credited in the retirement system. Furthermore, if Ms. Dolce’s temporary appointment in the Staff Assistant - Library title goes beyond 90 days, or past November 7, 2016, her appointment will once again be unauthorized since she cannot remain in the title past that date in the face of a binding civil service eligible list. Please be advised that continued employment beyond November 7, 2016 constitutes a violation of Civil Service Law, Sections 100, 101 and 102 and subjects you to penalties contained therein. It is a misdemeanor for any officer to ‘willfully pay or authorize the payment of salary or compensation to any person in the classified service with the knowledge that the....appropriate civil service commission has refused to certify....” that person on the payroll. If you have any questions regarding this matter, please do not hesitate to call your Department of Human Resources consultant, Scott Burkart, at 995-2129. Sincerely, dhe XR ae, Helen May Deputy Commissioner of Human Resources HM/MM/ja. cc: M. Mukerji 8. Burkart M. Persaud M. Bayona P. Dolce Ms. Tenneh Blamah, LGSA Chief Examiner Newburgh Regional Office of the State ComptrollerPURSUANT TO SECTION 75 OF THE CIVIL SERVICE LAW POUND RIDGE LIBRARY DISTRICT -against- MARILYN TINTER, AFFIDAVIT STATE OF HAWAII ) das. COUNTY OF MAUI ) Elizabeth Hand, being duly swom, deposes and says: 1. Lam making this affidavit at the request of counsel for Respondent, Marilyn Tinter, in this proceeding to describe my relationship and familiarity with Marilyn Tinter over the years. 2. For nearly three decades, I have been a professional and full time novelist, literary critic, joumalist (for the Washington Post, Los Angeles Times, Salon, London Guardian and Village Voice, among numerous others), and playwright. My career has given me an unequaled opportunity to observe and interact with myriad people associated with the literary world: fellow writers and journalists, editors, publishers, readers, and yes, librarians, 3. T've known Marilyn Tinter since 1976, when she was the Children’s Librarian of the Hiram Halle Memorial library. I grew up in Pound Ridge (where my father was for forty years the Town Justice), From the age of ten through my early twenties, | voluntecred and was a frequent visitor at the town library. I lived in Pound Ridge as « young adult from late 1978-79, which was when I cemented what became a decades-long professional relationship and then Roa Awfriendship with Marilyn. Since then, I've always visited the library on my frequent trips home to ‘see my parents, 4, In those forty years, I have witnessed Marilyn at work more times than I can say, in countless interactions with her colleagues, the public, students, and researchers. Her demeanor always combined professionalism and warmth, whether with adults or children, teenagers or old people, out of towners or longtime residents of Pound Ridge. 5. Asa writer and reporter, I've worked with any number of librarians, in places as, disparate as small New England villages and the British Library. This has given me a perhaps unique perspective within the purview of these hearings to observe and compare the skills and expertise and deportment of librarians in action. 6. Lhave always found Marilyn's professional behavior to be exemplary: it could be held up as an example of what a librarian should be. As the Pound Ridge library grew and additional staff was hired, she increasingly took on more duties: again, I always saw her act with consummate professionalism, with the public and the other library employees and volunteers. She calmly delegated authority to other staff members as necessary, showed unfailing kindness ‘and patience to members of the public, and obviously had great love for and commitment to her longtime career. 7. Tam aware of the recent hearing examiner report regarding the charges against Marilyn, The notion of enacting harsh penalties for such inconsequential charges is out of ‘proportion and out of character: The small town that I have known and loved for fifty years, a town that once prided itself on its sense of community, has been divided by the pettiest of grudges. I would hope that the Board takes this opportunity to restore some of that lost sense ofcommunity, by allowing Marilyn Tinter to remain as Director of the library she has worked for, sustained and nurtured for the last forty years. Notary Public yore roti Bay Com xpires: 8/24/2019 ACKNOWLEDGMENT On September _'* , 2016, before me personally came Elizabeth Hand, to me known and known to be the individual described in and who executed the within affidavit, and she thereupon acknowledged that she did, as therein stated, sign and swear to the truth of said affidavit tin Kehem Notary Public 077, cays My Commission Expires: 5/24/2019 vve, date; SMAI beige it Br a mlefmw Wer Saree aeExlaioit V7PURSUANT TO SECTION 75 OF THE CIVIL SERVICE LAW POUND RIDGE LIBRARY DISTRICT -against- MARILYN TINTER, AFFIDAVIT STATE OF NEW YORK ) COUNTY OF WESTCHESTER } “ Naney Beckerman, being duly sworn, deposes and says: 1. Tam making this affidavit at the request of counsel for Respondent, Marilyn. Tinter, in this proceeding to describe my experience with Marilyn over the past 36 years. ‘When I moved to Pound Ridge in 1980, my children were in elementary school 2. ‘and middle school, and we used the Pound Ridge Library a lot (then called the Hiram Halle Library). Of course, Marilyn was the librarian, and she welcomed us and helped us with our library needs. 3. I have been a teacher and then managed my husband's medical office, and our family was grateful to have such a delightful library available and pleasant staff ready to assist us. 4, Thave known Marilyn on and off for all these years, and have always found her to be sincere, earnest, helpful, and dedicated to the library and its patrons. 5. I have also been a patron of the libraries in Bedford and Mt. Kisco, and occasionally in Bedford Hills, so I am aware of the various libraries in our immediate area. Dar ewThave found Marilyn's management of the Pound Ridge Library to be at least as professional as any of these other libraries, if not more so. 6. Marilyn hes always conducted herself in the most competent and personable manner; she has been accessible and responsive to the patrons’ needs. I have found her to be the consummate professional, and have been appalled at the outrageous charges leveled at her during the past year, during which time she has remained calm, cool, and collected (which I consider amazing). Pound Ridge has been lucky, and indeed privileged, to have had such a library director all these years. A ancy Beckerman “AMONDAE GAYLE Notary Pubic» State of New York wo 01646935282 _eanheo 1 Bronk County tay Commvssian Expres san 4, 2020, "AMONDA E GAYLE Notary Pubh vo w ACKNOWLEDGMENT On September ain, before me personally came Nancy Beckerman, to me known and known to be the individual described in and who executed the within affidavit, and she thereupon acknowledged that she did, as therein stated, sign and swear to the truth of said affidavit. ap ‘GNOR OME trary Pat Sate Ne Yo - Ye 01646395262 Public at beg * Bion County ay comission Exes van 4, 2020Exhibit |Pound Ridge Library Professional Career Highlights I became Children’s Librarian at the Pound Ridge Library in 1976. t was hired by Muriel Hinerfeld, Executive Vice President and Founding Member of Hiram Helle Memorial Library. Early in my career as Children’s Ubrarian, | worked closely with the Director during the expansion phase which doubled the space of the existing structure and included the Schaeffner Room addition, ‘As an enthusiastic children’s librarian, | initiated successful programming. Story time programs and hollday/vacation week programs that boasted high attendance. ‘The inspiring "Why Johnny Can't Read” serles of programs with educators, teachers and parents. ‘An “in the Night Kitchen” visit with famous children’s author Maurice Sendak. ‘An Arthur Ashe storytelling event, Children’s performance/entertainment events. ‘The “Storytelling in the Park” program, the first ofits kind in Westchester. ‘The “Pajama Storytime” program. vvvvvvY I became Library Director at the Pound Ridge Library in 1986, having been promoted to this position through the recommendation of Library Director Hefen Brown. Early in my career as Library Director, | was: ‘acquainted with many Pound Ridge Library founding members and major contributors, including the following: Roger | Halle, nephew of Pound Ridge “founder” Hiram Halle; Helen Federico, former Library Trustee and renowned graphic designer/ilustrator; Beverly Bender, well-known sculptors; Zoe Caldwell, award-winning actress and author; and Ellen London, daughter of Ruth Knight, benefactress of the Library's Fiction Room. | developed a professional and personal relationship with all these devoted Library supporters. ‘As Library Director, ! was a strong proponent of and contributor to several major events affecting the future of the Pound Ridge Library, > One major event that greatly affected the financial stabllity/survival of the Library occurred in 2003 when NYS legislation was passed for the Library to become a special district library. In 2004, the Ubrary officially became a special district library which meant that it was no longer financially dependent on the town; the Library's funding would come from voter-approved budgets. } Asecond major event was the implementation of the Library's new automated system. > Athird major event was the creation of the media section and the development of a large and growing media collection, > Afourth major event in which | was heavily involved was the Fiction Room/Media Area renovation project accompllshed after the Library became a special district library. | was responsible for obtaining a NYS Library Construction Grant for the project and worked closely with Board members in the design and implementation stages. ATT .> Afifth major event was the remediation/renovation project which took place in 2013. 1was responsible for overseeing the building preparation and subsequent restoration which included ‘moving al tems from the office, children’s room, media area, and main section out anc back- into their respective locations. My oversight ofthis project also Included related tasks such as preparing the public and instituting temporary circulation policies, among others. > Asixth major event was the fulfillment of the Library Action Plan's collection reduction/refreshment policy. | oversaw the removal of over 25,000 books from the collection and the repair/reconditioning of over 1,500 books in the collection, most of which took place In essthan two years. This project included review of the entire collection with the goal of ‘maintaining a quality collection while considering the needs/desires of the Pound Ridge community. > Aseventh major event that was a further fulfillment of the Library's Action Plan was the repurposing of Library space which brought all collections up to the main floor and crested ‘additional inviting reading and meeting spaces throughout the Library. The Mystery, Scence Fiction and Large Print collections were moved out of the basement and into the former history room, the Young Adult collection was moved out of the adult fiction room and into Its own ‘space In the main section of the Library, and a Computer Station area was created. > Anelghth major event was the Installation of the generator. | recognized the need for the Library to serve the community as a warming center in times of need, and | actively promoted, and was responsible for, the purchase and installation of the generator. In addition, | was responsible for obtaining @ NYS Library Construction Grant for this project in 2014, ‘As a dedicated Ulbrary Director, | founded/co-founded several iterary groups, and | initiated and maintained strong partnerships with community organizations at a time when library-communty partnerships were oniy starting to be recognized as playing an essential role in the 22* century Library. > Co-Founder of The Adult Learning Center (TALC) courses with Dr. Betty Straus. > Founder of the Mini-TALC courses with Doctor Robert DiYanni’s, Adjunct Professor and Instructional Consultant to New York University. ‘Co-founder of the Pound Ridge Authors Society, Co-founder of the Memoirs Group. Corinitiator of PR Recreation Department partnership. Corinitiator of PR N2N partnership. Corinitiator of PR Invasives Project partnership. Co-initiator of Boxwood Alliance partnership. Initiator of PR Partnership partnership. Initiator of PR Police Department partnership. Cosnitiator of PR Kids Theatre partnership. Cosnitiator of Mayapple Center for the Arts and Humanities partnership. Cosnitiator of Domestic Abuse Network of Northeastern Westchester partnership. Coutnitiator of PR Energy Action Committee partnership. Vv VVYVVYYVVYVVYvvvyvvY Cortnitiator of First Light Home Care partnership. Co-tntiator of Westchester County Livable Communities partnership. Co-tntiator of Westchester County Business Association partnership, Co-Initiator of Westchester & Putnam independent Living Centers partnership. Co-lntiator of Helfer International partnership. Co-initistor of PR Community Church partnership. Initiator of Kismet Kids partnership. inmy role as Directo, | initiated several innovative and successful programs and series such as the following: > > > > > > ‘Open House and Dinner to honor the Library's SO" Anniversary, featuring the late David Bloom, NBC Television Journalist. Building Together/Growing Together Series of Events to honor the Library's 60" Anniversary. ‘Community Read Series of Events. ‘Museum Fair featuring 10 area museums including New York's intrepid Sea, Air & Space ‘Museum and Norwalk’s Maritime Aquarium. Basie Technology Workshops with a computer expert, designed to be expanded to include advanced topics. ‘Meditation & Relaxation Workshops. Concerts featuring, but not limited to, the following artists: Famed Singer and Songwriter Sloan Wainwright; Renowned Organist, Harpsichordist and Conductor Anthony Newman; lustrous ‘Actress, Singer and Playwright Samantha Soy Peariman; Local singer Jess Best; Celebrated Singer ‘and Jazz Vocalist Jodl Sandhaus Malinverni; Prominent Jazz Musician, Composer and Pianist Pete Malinverni; Distinguished Pianists Dalia Lazar and Tienni Chen; Fox Lane High School Chamber Choirs; and Fox Lane Middle School Chamber Music Group. ‘Meet the Author Series including, but not limited to, the following authors: Ted Sorensen (Author & Pres. Kennedy's speechwriter); Pound Ridge resident Ari Fleishman (Author & Pres Bushs press secretary); Lee Child (Bestselling author); and Roxana Robinson (Distinguished author). tecture Series/Workshops/Events featuring, but not limited to, the following: John Kenneth Galbrath; Colleen Dewhurst; John Chancellor; Zoe Caldwell; Mike Nichols; Floyd Abrams; Tim Robbins; Hume Cronin & Jessica Tandy; Robert Kennedy, Ir; and Gillan Sorensen (United Nations spokesperson). SCRABBLE Night and Maj Jongg Events. Safe/Smar’ Driver Courses. ‘asa Director, I supervised teen and children’s programming and initiated highiy- successful Teen and Children’s programs at the Library including, but not limited to, the following: vvvvvV ‘The alltime favorite Fun with Musle program with Laura D’Amico and Kevin McCarthy. ‘The Yoge for Bables, Toddlers and Kids programs with Chiara McCarthy. ‘The original and popular Gardening for Kids workshop with Patricia Napoli ‘The Library's own Family Holiday Happening event. brary sleepovers. ‘The well-attended and well-received Hudson Highlands & Beachscape Painting Events.| obtained grants for several programming events including a Lifetime Arts program for seniors, a Sewing program for adults and children, and a Community Read series of events. In addition to the above, initiated the popular Museum Pass Kit program. This program originally included memberships to 3 local/area museums. | expanded this program to include its current holding of ‘memberships to 25 local/area museums, including the following: Aldrich Contemporary Art Museum, ‘American Museum of Natural History, Bruce Museum, Cooper-Hewitt Smithsonian Design Museum, Discovery Museum & Planetarium, Frick Collection, Guggenheim Museum, Hammond Museum and Japanese stroll Garden, Intrepid Sea, Air & Space Museum, Katonah Museum of Art, Maritime Aquarium, Museum of the City of New York, Neuberger Museum of Art, Stamford Museum & Nature Center, and Stepping Stones ‘Museum for Children. | have contributed to the Library throughout its development, at various stages of growth, and in critical turning points. | have been largely responsible for major contributions to the Library through personal and working relationships. | have been a key motivator in making the Library the essential community resource that It is today. My knowledge and expertise will remain valuable assets to the Library as it continues to evolve into its 21* century role as a vital community center.EXxlhioit 1om BY-LAWS oF POUND RIDGE LIBRARY DISTRICT ‘As Adopled: October 14, 2003 Revised: Novernber 10, 2008 Revised: December 20, 2011 Revised! July 1.2014 MISSION STATEMENT: The Pound Ridge Library District is educational, cultural and recreational institution that provides free access to a broad variety of materials, information, programs, ‘and services, and offers 2 multifunctional public meeting space in an open, comfortable and safe ‘environment to meet the needs of the residents of the Town of Pound Ridge. PREAMBLE: The Board of Trustees (hereinafter designated as “the Board”) of the Pound Library Disticl, a corporation created under a charter granted under Section 253 of the New York Stale Education Law by the Board of Regents (or Secretary of State) of the State of New York, dated February 19, 2003 (the “Charter’), shall be governed by the laws of New York Stale, the regulations of the Commissioner of Education and the New York State Comptroller, and the provisions of the Charter, 1s all may be amended (jointly “applicable law’) and by the following by-laws. ARTICLE. Name “The library facilty operated by the Pound Ridge Library District may be known as the Pound Ridge Library. TICLE I at ‘Section 1, The Pound Ridge Library District shall be managed, operated and controlled by the Board. ‘Subject to applicable law, the Board has the power and duty to determine the rules and regulations ‘governing the library operations and services and has such other and futher ights and obligations 25 ‘conferred under applicable Law. The Board shall select, appoint and supervise @ properly certified ‘and competent library director or library manager, and determine the duties and compensation of all fibrary employees. The Board shall approve the budget and ensure that adequate funds are provided to finance the approved budget. The Board shall have exclusive contol of the expenditure ofall moneys, ‘collected, donated or appropriated for the library and shall audit and approve all library expenditures, ‘The Board shall supervise the maintenance, alteration end construction ofthe library facities, including the buldings and grounds, as well as regularly review various facity and tuitding needs to see that they meet the requirements of the total Ubrary program. ‘Section 2, The Board shall consist of nine (9) Trustees, each of whom shall be a quslifed and registered voter of the Town of Pound Ridge. Trustees shall be elected to serve for aterm of three years (hereinafter refered to as a “Three Year Term” or for a Remainder Term as that term defined in ‘Section & ofthis Aticie; provided, however no Trustee shall serve more than six consecutive years. The term of each Trustee shall commence on the first day of the month t following the month in which the election occurs. PRLD By-Laws july 4, 2014 us EAS2 Section 3. Candidates for the office of Trustee of the Pound Ridge Library District shall be nominated by petition in such form and in such manner as may be required by applicable law. ‘Section 4. The office of any Trustee shall become vacant upon his/her death, resignation, refusal to ‘act, removal from office, expiration of his/her term, of any other cause specified by applicable law in accordance with New York State Education Law Section 226(4), inctuding the provision if any Trustee shall fal to attend three consecutive meetings without excuse accepted as satisfactory by the majority ‘of Trustees, he/she shall be deemed to have tendered their resignation to the Board. ‘Section §. Any vacancy occurring in the office of a Trustee shall be filed by @ majority vote of the Board; provided, however, that the person so appointed to fil any such vacancy shall hold office until the next annual election of Trustees. The term of any vacated office from the first day of the month following the next annual election of trustees to the last date ofthe vacated term shall be referred to as the “Remainder Term’. Inn annual election that includes a Remainder Terr(s), the three candidates receiving the highest number of votes will each fla Three Year Term. The candidate(s) recelving the next highest votes wil fil the Remainder Term(s) in descending order based upon the number of votes received ARTICLE Ill, Officers. Section 4. The officers shall be @ President, a Vice President, a Secretary, and a Treasurer. The President and Vice President shall be elected from: among the elected Trustees. If determined by the Board, the offices of Secretary and Treasurer may be held by individuals who are not Trustees and, in that event, such officer may receive compensation as fixed by resolution of the Board. ‘Section 2, Officers shall be elected at the first board meeting following an election of Trustees and shall serve for one year. ‘Section 3. The President shall preside at meetings of the Board, authorize calls for special meetings, appoint all standing committees, execute all documents authorized by the Board, serve as an ex-officio voting member of ali committees except the nominating committee, and generally perform all the duties associated with the office of President. ‘Section 4, The Vice President shall perform the duties and functions of the President in the event of the ‘absence or disability of the President, or if]@ vacancy in that office ocours, and shall perform such other duties as may be assigned by the President Section 8. The Secretary shall issue notice of all regular and special meetings: provided, however, the Libtary Director may be designated by the Board to perform this duty. The Secretary shall be custodian of the non-financial books and records ofthe library district, and shall keep a true and accurate record of all meetings of the Board and perform such other duties as are generally associated with the office of Secretary. Board records will be maintained at the library or such other location as the Board may determine. ‘Section 6, The Treasurer shall be the custodian of all funds of the library district. No moneys shall be disbursed by the library district except as authorized by the Board. The Treasurer shall keep records in such manner as the Board may require. The Secretary shall be custodian of the financial books and records of the library district The Treasurer may, but is not required to, be bonded in an amount as may be required by the Board. The Treasurer shall make monthly reports to the Board showing in detail the PRLD By-Laws July 1, 20143 amount and investment of, and income and disbursements from, the funds in his or her charge. The Board may assign certain duties of the Treasurer to be performed by an individual or frm as approved by the Board. Section 7. Any officer may resign their ofice at any time, on written notice to the Secretary. Vacancies created by resignation, removal by the Board, or by the expiration of an officer's term as an elected Trustee (where being 2 Trustee is a requirement for such office) may be filled forthe unexpired balance of such officer's term by a majority vote of the Trustees. ARTICLE I iS ‘Section 1. Regular meetings of the Trustees shall be scheduled each month on such date and time as the Board may from time to time determine. Notice of such meetings shall be published as required by law. Section 2. The Annual Meeting shall be held each year. At the Annual Meeting, the Library Director and the President shall present operating reports for the previous year, the Treasurer shall present the financial reports for the previous year and the Committee Chairs shall present a report of thelr activities for the previous year. Section 3. The preliminary budget statement ofthe costs of library services to be raised by levy for the library district for the subsequent calendar year, required for submission to the voters, shall be presented at the regular meeting in July. The final budget shall be presented for appreval no later than at the regular meeting in August and if approved by vote of the community, fled with the Clerk of the ‘Town of Pound Ridge on or before the first day of October. The fiscal year of the library is January 1" through December 31% of each year. Section 4. The order of business of regular and annual meetings shall be as set by :he President or the Vice President and shall include, but not be limited to, the following items: roll call of members, disposition of minutes of previous regular meeting and any intervening special meetngs, treasurer's report and action on warrants, director's reports, committee reports, communications, unfinished business, new business, period for public expression and adjournment. Section 5. Special meetings may be called by the Secretary at the direction of the President or at the request of three Trustees, for the transaction of business as stated in the call of the meeting. Except in cases of emergency, at least 48 hours notification shall be given. ‘Section 6. A majority of the whole number of Trustees on the Board is required to form a quorum and transact business at any meeting; “whole number" shall mean nine (9) which is the total number which the Board would have were there no vacancies. Each Trustee shall have one vote, irrespective of office held. A Trustee must be present, in person or by video conferencing, at a meeting to have his/her vote counted. ‘Section 7, Executive sessions to address confidential matters may be announced and conducted at any meeting, ‘Section 8. All Board meetings and all committee meetings shalll be held in compliance with New York's. ‘open meetings law. PRLD By-Laws July 1, 2014RTICL br Section 1. The Board shall appoint a Library Director, with qualifications not less than those requited by applicable law, who shall be the administrative officer of the library on behalf of the Board. The Library Director shall act under the direction and review of the Board, be subject to the policies ‘established by the Board and be responsible to the Board. The Library Director shall attend all Board meetings (but may be excluded from executive sessions) and shall have no vote or right to propose motions. ‘Section 2, in addition to such other and further responsibilities and duties established by the Board, the Library Director shall: () recommend the appointment and specific duties of the other employees; i) be held responsible for the supervision of the staff; (li) be responsible for the care and maintenance of library property; (iv) __ be responsible for the selection of books and other materials in keeping with the stated policies of the Board; (v) be responsible for the efficiency of library service to the public; and (vi) be responsible for the library's operation within the budget limitations established by the Board and the voters in approving the library expense budgets. ARTICLE VI. Committees ‘Section 1. Personnel, Budget, Finance, Building, and Policy & Procedures, shall be standing commitiees and shall be appointed by the President promptly after the annual meeting and shall make recommendations to the Board as pertinent to Board meeting agenda items. Section 3, Ad hoc committees for the study of special problems shall be created by the President with members and chairpersons appointed by the President, which creation and appointment is subject to the approval of the Board. Such members and chairpersons shall serve unti the final report of the work for which they were appointed has been filed. These committees may also include staff and public representatives, as well as outside experts. [Examples of possible ad hoc committees are Planning and ‘Technology. ‘Section 4. No committee shall have powers other than advisory powers. Committees shall make such progress repors to the Board as the President or a majority of the Board shall deem appropriate. vi ‘The Board has all financial powers and responsibilities as provided by statute, establishes funds for the safe keeping of the Libranys finances, and invests the Library's funds in accordance with all applicable laws. PRLD By-Laws July 4, 2014ARTICLE Vil Confict of Interest ‘Section 1. Trustees and Officers may not in their private capacity negotiate, bid for, or enter into a ‘contract with the Library in which they have a direct or indirect financial interest. ‘Section 2, A Trustee shall withdraw from Board discussion, deliberation, and shall not vole on any matter in which the Trustee, an immediate family member, or an organization with which the Trustee is associated has a substantial financial interest. ‘Section 3. A Trustee or Officer member may not receive anything of value that could reasonably be: expected to influence his or her vote or other official action. LE ral Section 1. Provided a quorum of members is present, an affirmative vote of the majority of all ‘members of the Board present at the time shall be necessary to approve any action before the Board, ‘The President may vote upon and may move or second a proposal, ‘Section 2. The bylaws may be amended by the affirmative vote of the majority of Trustees.on the Board, Such action may be taken, however, only after the substance of the proposed amendment has been presented in writing at a prior meeting and the proposed revised by-laws are presented at the ‘meeting in which the vote is to be taken. ‘Section 3. All procedures not specified herein shall be in accord with Robert's Rules of order, 2s revised. Section 4, ‘The Library shall indemnify Trustees and employees for liability incurred ty reason of their service a such to the fullest extent permitted by any applicable laws and shall purchase customary insurance for such purpose. ‘Section 6. \fany provision of these by-laws vialates any of the applicable laws, suc provision shall be deemed without effect and such applicable law(s) shall apply. Revised By-Laws adopted by Board vote July 1, 2014 PRLD By-Laws July 4, 2014Exh 20‘POUND RIDGE LIBRARY DISTRICT ABSOLUTE CHARTER “This Snsruncot Winesseth That te Board of Regents fr and on behalf ofthe Severin Deparment of the Sac of New York tel meting of Meh 23, 2004, ated, at ‘An sbaolue charts ka the fit isan it granted ncrpesting Michele Gage, Heb Browa, ‘ie Jody Proce, PrerD. Kennedy, Lary Grog, Lesans, Thoms W. Jeon Janet i Sclot Toho © Ponte and hi veces and scesson an edeatoncorpontion dee fhe sonore same of Poand alge Libary Dist, located in Pound Ridge, county of ‘Westar ends of New York. “Tee purse for wich toch conpontion i a be forme it to provide Wray saree the ‘sida ofthe Pound Libra Disc, exeted puroan to Chrper 285 of the Laws of 2003, ‘ich inde ll oft awa of Poand Ridge, “The try sal be assed by a bosn! of sae tutes, tobe at ft the perans who are ‘Sined beri os incorporates seve in the one io whic thy te mame ee, {or tone shall cope Seperber 30" a faaws| Michele Gags, 2008, Hobson Drown, 5 toe Joly Frode 2004, Per D. Kenady, 2005, Lary Griaghs 205, Janes Laan, 2005, ‘Teena, Jackion, 2008, Janet K. Seton, 2006, Jb C. Part, 2006 As vcancis eoxar, {Tstec al be leila he onoual lesion to serve es year terms, id ems commencing ‘co the fit day of the oath next flowing he eleion “The names and poe ofce nese ofthe Est sts a flow: Michele Gane 310 Stone Hil Road Posad Ridge New Vork 10576 Hobson Brow, 205 Stace Hil Reed ‘Pound Ride, New York 10576 ous Ridge, New York 10576 PeterD. Keeney 531 Taina Hl Rend ‘Poa Ridge, New York 10576 {ary Gringlas 100 Upper Sha Rona Pound Ris, New Vouk 10576 Jaa Luciano 121 Book Far Road East ound Ridge, New Vork 10576 “Thomas W. Jackson 4 Honesbee MI Road ean Ridge, New Vork 10576 Janet K, Sebo {5 Upper Shad Road Pound Ridge, Mew York 10576 Jen C. Poree Si Hemlock Pope Bie, New Werk 10576av enna Ridge Liorary Dstelet Page two ‘The carpornion barby crested stall be 9 sorlock compotion epnized and operted acuity fo ection! purpose, defied in eto SO1C\3) of i fteral Revenue Code St t8t6 (or te coreepeadlng provisos of any fue Federal tax ode, no pat of he et ‘ning: ct score hall eto th eae of any meer, tse, deel er fer of the Scpouton ot ary porte individal (exept Qat eomble Cmpetaton may be pid for fervces tendered to of fr the Eorpraon), and oo meet, se, dectar or ofc ofthe ‘porniog or any private adevian, stall be ened fo stave in he Gurion cf any of he foxpoate ae ypon disludou ofthe corpratio. Notwithstanding anyother provision of thete ace the copoation bill ot cary om any ote vis pol petted fo be arid on (=) by 3 emperaim exer om Federal income we ‘oder een £01(0(8) a te Internal Revenue Code of 1986 (or he carespnding province of Ep hese aural treo) ot (by cnperetn ontrbtona to oe ne deduce ude: Seine T70)2) ofthe Inca Revenve Code of 1986 (or De caresjeding provision of any ‘as Fecea ex cde), ‘No mbit prof he active ft corporation stall be devoted te caring on propsganés, fr oberwise tempting to ialsece Ieglulnion (aspt tthe extet authored ty ltemal ‘Reveeus Code secton S0(8) a amended of he conesporiag proviso of ny fire Federal ‘axcode daring any cal yea yeas ia which ie comonitin bat chon ous the besa utbouzed by te saruory proven) md the cerporaton sal cot pie a or intervene (orlaling te pulsing or drbution of sateen) inary poieal exmpalgn en bbs of of ‘pporiion to ay eandate for plc aie. Upon schon ofthe corprain the bard of tutes tal fer paying o making provision forthe payment ofa te abies of the eompraion dispose ofthe esulning wait of te forpertiesexctavely lr o0e of more exer! purposes, Wibin te meaing of rection 51(CX3) tte fteral vee Code of 1986 (rte coneoponding provision any Tare Fede] tx de), or dl tit the ame tothe Federal governor, o tas of loel goverment, fo ‘Tpoblic parpone, Any ave asts not mo diposed fel be dspace by ode of he Sopreae ‘Charo te Sato of New Verk in judicial dist where the principe of th comporaion fr thes lente, exleively for enc ppones ort such erganzaion or ogaication,oanced ol opera elie for vc puspores, st eh Cou tal deere “The pica tice ofthe corporation tal be located at 271 Wesebestr Aveau, Pound Rigs, New York 0576. ‘The Commislooe of Edscatin i designate athe epreseniative oft corporatonupos whem proces nny acon ot proceeding npn it way be eve, Granted, Mareh 25,2008 bythe Boar of Regents ‘Of The Unierly of the Stale of New ‘Yorks for tod ot ebalf of the State Edweaton Departs, snd executed teder the seal ef said University and recorded a2 Number 25,217. bd buhS o /presidnd ofthe Unlvernty 20d "Commitee of EdveatlonEf apt DITinter: Tinter: Ramsay: Tinter: of Libs Hi, Alan, Hi, Marilyn, How are you doing? ‘Okey. Is Junemarie here? [inaudible] We have the results, you know, their report. ‘Oh, it came in? Well, for the Board and to me. And, uhm, the only person that had any negative things about me was you, and I’m very sad about that. So in the future I have to watch what I say to you. I will not change in my helping you or doing what I can to make you be a better librarian, but I have to be very carefull what I say to you because there might be an instance when you would report it to them like this. I’m very sad about it. There’s nothing I can do about it. Anyway, I just wanted to tell you that. {Remainder of recording contains what sounds like rustling and zipper sounds anda female voice seying “good morning”)Exhibit 2In the Matter of the Claim of MARILYN TINTER, -against- POUND RIDGE LIBRARY DISTRICT NOTICE OF CLAIM TO: POUND RIDGE LIBRARY DISTRICT By: Board of Trustees of the Pound Ridge Library District: Miriam Schindel, President Pat Dauer, Secretary Michele Gage, Treasurer Gerald Kaplan, Treasurer Kenneth E. Tumer, Vice President / Buildings & Facilities Carl D. Weinberg, Vice President This Notice of Claim is served on behalf of Marilyn Tinter (“Claimant”), whether or not such service is legally required, in order to obviate any issue in that regard. e and Post-Office Address of Claimant Marilyn Tinter 100 Parkview Road Pound Ridge, NY 10576 Name and Post-Office Address of Claimant's Attome Meyers Tersigni Feldman & Gray LLP 14 Wall Street, 30" Floor New York, New York 10005Nature of the Clai By letter dated September 28, 2016, then-Board President Erin Trostle notified Claimant that at a meeting on September 26, 2016, the Board of Trustees of the Pound Ridge Library District voted to terminate Claimant’s employment as Director of the Pound Ridge Library, effective September 27, 2016, and that Claimant's benefits, including, but not limited 10, insurance coverage, were terminated, effective September 30, 2016. The purported termination of Claimant's employment and benefits was improper and unlawful. ‘Therefore, Claimant seeks reinstatement to her position as Director of the Pound Ridge Library, with back pay and benefits, and reimbursement for all attorneys’ fees and expenses incurred by her as a result of the proceedings brought against her by the Pound Ridge Library District through its Board of Trustees. If necessary, Claimant will seck such relief through appropriate judicial proceedings. ‘Time When, Place Where and Manner in Which Claim Arose Claimant's claim arose as of the date of the purported termination of her employment as Library Director of the Pound Ridge Library. Claimant's claim arose in Pound Ridge, New York, in the manner previously described above. Items of Damage or Injuries Clai As noted, Claimant has been improperly and unlawfully deprived of her employment as Director of the Pound Ridge Library. As a result, Claimant has been, and continues to be, deprived of pay and benefits to which she is entitled. In addition, Claimant's good name and reputation as a 40-year employee and 30-year Director of the Pound Ridge Library have been wrongfully besmirched. Also, Claimant has incurred, and will continue to incur, substantial attorneys’ fees and expenses as a result of charges of misconduct improperly asserted against her by the Pound Ridge Library District through its Board of Trustees.Dated: Westchester, New York October 11, 2016 MEYERS TERSIGN! FELDMAN & GRAY LLP v; Xt 7 “Anthony L. Tersight 5 Andrea Tersigni Attorneys for Claimant 14 Wall Street, 30" Floor New York, New York 10005 (212) 422-1500 VERIFICATION STATE OF NEW YORK COUNTY OF WESTCHESTER Marilyn Tinter, being duly swom deposes and says: am the Claimant named in the foregoing Notice of Claim, which I have read and know the contents thereof, The same is true to my own knowledge, except as to matters alleged upon information and belief, and as to those matters I believe it to be true. ‘Swom to before me on October 11, 2016 Notéty Publicpa CER :D MAIL® RECEIPT. Peas ey u OUND RIDGE: NY, £0576 bree HIE Mere Ger $2.30 ones 8 eae 06 3 3 — 8 = 8 ronz/206 ~pacted Delivery Day) (Friday 10/14/2016) certified i $9.20 (GUSPS corti tied Hail H) (70360750000 101912959) iret Class 1 $0.47 i] Letter (Domestic) (POUND RIDGE. wy 10576) (Weight :0 Lb'0.80 02) (Eypacted Oat ivery Day) (Friday 10/14/2016) Corti fied 1 $2.90 (GOUSPS Cortttied Hat! 4) (70180750000100912942) First-Class. 1 $0.47 Nail P Letter (Donestic) {POUND RIDGE, NY 10576) Weight:0 Ub'0.80 Oz) (Expected Delivery Day) (Friday 10/14/2016) Certified 1 89, (GOUSPS Certified Mall #) (7ox607s0000100912925) First-Class. 1 $0.47 Yai Leiter (Donestic) (POUND RIDGE, WY 10576) (Weight:0 Lb'0.80 02) (xpected Det very Day) (Friday 10/14/2016) corti tied 1 $3.90 (GBUSPS Corti fled Mat! W (79160750000100912928) First-Class 1 $0.47 Matt Letter (Donost io) (POUND RIDGE, ay 10576) (Waight:0 Lb'0.80 2) (Expected Del Ivery Day) (Frbday 20/ra/2ois cert! fled $3.90 (@HUSPS Certified Mall 79160750000100912911) First-Class. 1 $0.47 ai Letter omestic) (POUND RIDGE, Hwy 10576) (Weight :0 Lb'0.80 2) Pound Ridge Library District Attention: Miriam Schindel 271 Westchester Avenue Pound Ridge, NY 10576-1714 Board of Trustees Pound Ridge Library District Attention: Miriam Schindel, President 271 Westchester Avenue Pound Ridge, NY 10576-1714Anthony LT igni From: Anthony L Tersigni Sent: Wednesday, October 12, 2016 12:18 PM To: trustees@poundridgel Subject: Notice of Claim Attachments: Notice of Claim.paf To the Pound Ridge Library District Board of Trustees: Please see the attached formal Notice of Claim, seven duplicate originals of which were served this morning by certified ‘mail Each trustee has been served, as well as the Library District. Anthony L. Tersigni Meyers Tersigni Feldman & Gray LLP 14 Wall Street, 30” Floor ‘New York, New York 10005 Tel,: (212 422-1500 12) 422-1650SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER In the Matter of the Article 78 Application of x MARILYN TINTER, Index No, DBT GIL Petitioner, -against- BOARD OF TRUSTEES OF THE POUND RIDGE LIBRARY DISTRICT and POUND RIDGE LIBRARY DISTRICT, Respondents. MEMORANDUM OF LAW IN SUPPORT OF PETITION mEcEvel pee 13 2018 RAG. ZAMI BARS os MEYERS TERSIGNI FELDMAN & GRAY LLP Attorneys for Petitioner 14 Wall Street, 30th Floor New York, New York 10005 (212) 422-1500Preliminary Statement Petitioner's Grounds for Relic! Argument. Point 1 Point 11 Point IIL Point IV Point V Point VI TABLE OF CONTENTS Since the Board Made No Written Designation Authorizing a Hearing on the Amended Charges against Petitioner, the Hearing Officer Had No Jurisdiction to Conduct a Hearing on those Charges, Thus Rendering the Disciplinary Proceeding yner Null and Voi against Petit Since the Board as a Whole and, at a Minimum, Trustees, Trostle, Regan and Fischer, Were Not Impartial, They Were Disqualified from Reviewing the Hearing Officer's Reports and from Acting on the Charges against Petitioner... A. Disqualification of the Board as a Whole 2... sessesee B. _ Disqualification of Trustees Trostle, Regan and Fischer C. The Legal Insufficiency of the Board's September 2 2016 Termination Resolution. The Hearing Officer Should Have Disqualified Himself Based on His Failure to Disclose a Financial Interest Negating the Appearance of Impartiality . The Bourd Made No Independent Review of the Record and Simply Rubber-Stamped the Reports of the Hearing Officer... Ms. Tinter Was Denied Her Constitutional Right to Due Process by the Failure to Apply the “Preponderance of the Evidence” Burden of Proof. Apart from the Required Higher Burden of Proof, the Board’s Determination Is Not Supported Even by “Substantial Evidence” A. Applicable Case Law Regarding Proof of Guilt of Disciplinary Charges....... . a wo3Kasarda Ignored Key Amendments to the Library's By- Laws Exonerating Ms. Tinter of the Operational Charges Asserted against Her.. Charge 1. 1. Kasarda Ignored the Unrebutted Evidence That There Was Nothing Improper About the Use of “Circs” in the ‘Weeding’ Process... Kasarda Relied on Irelevant_—_and Unsubstantiated Testimony, as well as Uncharged Conduct That Was Legally Time Barred in Any Event 3. Kasarda Ignored the Fact That the Increase in “Cires” Was De Minimis and Resulted in No Prejudice of Any Kind 4, Kasarda Ignored the Undisputed Evidence that the Board At All Times Understood and Approved Petitioner's Use of "Cire Charge IL 1. Kasarda Ignored That it Was Trostle and Regan, not Petitioner, That “Discussed” the Travers Report with Library Staff and That Trastle, not Petitioner, then Lied about Doing So.. 2. Ms. Tinter Did Not Discuss the Report and Was Not Untruthful in So Stating... 3. Kasarda (a) Ignored the Unrebutted Evidence That Ms. Tinter Was Ramsay's Defender and in no Way Attempted to Intimidate or Retaliate against Him and (b) Purported to Quote a Recorded Statem2nt Allegedly Made by Ms. Tinter That Does Not Exist... 4. Kasarda Ignored that Ms. Tinter Properly Explained to the Library's Staff the Established Protocol for Employee Complaints or Concerns. Charge II Charge IV. iiCharge V eannn H. Charge VI... 1. Charge VII and Vill....... J. Charge IX. K. Charge X.... L. Charge XI Point VII The Penalty of Termination Assessed against Ms. Tinter Was Grossly Excessive and Unconsionable..... ‘ConclusionPreliminary Statement Petitioner, Marilyn Tinter ("Ms. Tinter”), a 40-year employee of the Pound Ridge Library (the “Library”), and its Director for more than 30 years, brings this proceeding pursuant to Section 76 of the New York Civil Service Law and Article 78 of the CPLR, to seek judicial review of the purported termination of her employment as the Library's Director based on alleged disciplinary charges asserted against her under Section 75 of the Civil Service Law. Respondents are the Board of Trustees of the Pound Ridge Library District (the “Board”) and the Pound Ridge Library District (the “District”), which is managed by the Board. ‘The facts of the case are summarized in the verified petition and supporting affirmation of Anthony L. Tersigni and will be further addressed, infra, throughout this memorandum. Petitioner’s Grounds for Relief Ms. Tinter’s request for relief in this proceeding is based on the following grounds: (a) The record is devoid of any written designation by the Board directing the hearing officer, Steven C. Kasarda (“Kasarda”), to hold a hearing on the amended charges against Ms. Tinter. Therefore, there was no jurisdiction for Kasarda to hold a hearing, thereby rendering his reports regarding the amended charges and the Board’s purported termination of Ms. Tinter’s employment based on the amended charges null and void, (b) The Board was not an impartial decision maker and prejudged the charges against Ms. Tinter, thereby denying her the due process to which she was entitled, (©) If not the entire Board, at least two of its members who voted to terminate Ms, Tinter's employment (Regan and Fischer) were disqualified from participating in the vote by reason of their bias and hostility against Ms, Tinter and their actual involvement in the events underlying the charges. Therefore, the votes of Regan and Fischer could not be used to supportthe Bourd’s resolution purporting 10 terminate Ms. Tinter's employment. Since the remaining, three votes did not constitute a majority of a quorum, the Board's purported resolution was null and void and, as a result, Ms. Tinter’s employment was not lawfully terminated. (d) _ Kasarda should have disqualified himself from acting as hearing officer based on his failure to disclose his existing participation with the Board's counsel in at least one other disciplinary proceeding in which Kasarda was designated to act as hearing officer by another client of the same counsel and in which Kasarda stood to earn substantial fees. Apart from any actual bias, Kasarda’s failure to disclose his relationship with the Bozrd’s counsel, coupled with the fact that Kasarda’s reports ignored irrefutable evidence of Ms. Tinter's innocence, undermined the appearance of impartiality, a basic element of due process. (©) The Board made no independent review of the record of the disciplinary hearing conducted by Kasarda to support its rubber-stamp adoption of his two reports. (8 The correct burden of proof to be applied in assessing the charges against Ms. Tinter was “preponderance of the evidence,” not “substantial evidence.” However, Kasarda erroneously applied only the less stringent burden of proof. (g) Based on the entire record, the Board’s determination is not supported by substantial evidence. To the contrary, Kasarda’s reports ignored unrebutted testimony and documentary evidence establishing Ms. Tinter’s innocence of the charges against her. (h) The penalty of termination assessed against Ms. Tinter is shocking to ‘one’s sense of fairness, grossly excessive and unconscionable.Argument POINT I SINCE THE BOARD MADE NO WRITTEN DESIGNATION AUTHORIZING A HEARING ON THE AMENDED CHARGES. AGAINST PETITIONER, THE HEARING OFFICER HAD NO. JURISDICTION TO CONDUCT A HEARING ON THOSE CHARGES, THUS RENDERING THE DISCIPLINARY PROCEEDING AGAINST PETITIONER NULL AND VOID Under Civil Service Law Section 75(2), a hearing on disciplinary charges must be held by the officer or body having the power to remove the employce charged “or by a deputy or other person designated by such officer or body in writing for that purpose” (emphasis added). In the latter instance, a writien designation is a mandatory jurisdictional requirement. Wiggins v. Board of Education, 60 N.Y.2d 385, 387-88, 469 N.Y.S.2d 652 (1983); see also, Bozeman v. Greenport, 154 A.D.24 372, 545 N.Y.S.2d 849 (2™ Dep't 1989); Matter of Arthur v. Soares, 95 A.D.3d 1619, 945 N.YS.2d 782 (3% Dep't 2012). In the present case, it was the Board that had the power (o remove Ms. Tinter. Therefore, only the Board was authorized to designate a hearing officer. However, Kasarda’s purported designation was made not by the Board, but by its President, Erin Trostle (“Trostle”), whose position as President did not make her act the act of the entire Board. ‘Thus, Kasarda’s initial report of August 30, 2016 was addressed not to the Board bul to Trostle, and opened with the statement: “By your designation dated February 23, 2016 ... the above-entitled matter was referred to me ...” (emphasis added) (X 4, p. 1).! Kasarda's final report of September 26, 2016 opened with the identical statement, reaffirming that che designation relied on was by Trostle, not the Board as a whole (X 5, p. 1). tl with the supperting affirmation of Anthony L. Tersiga This and similar referencesConsistent with the foregoing, at the outset of the disciplinary hearing Kasarda stated: “Twas designated by letter, dared February 23, 2016, from the Pound Ridge Library, signed by Erin Trostle, President of the Board of Trustees” (emphasis added) (TX 2)2 Trostle’s letter made no mention of any resolution of the Board or any designation made by the Board, as a body, as required by the statute, To the contrary, the letter stated: “... you are hereby designated Lie, by this Ietier]... to hold a hearing on the disciplinary charges against Marilyn Tinter ..." — confirming that it was Trostle, not the Board as a whole, who was purporting to designate Kasarda (emphasis added) (X 2). Since Trostle’s letter did not constitute board action, it was not a legally sufficient designation, Ar the hearing, the Board’s counsel conceded that Kasarda's jurisdiction to conduct the hearing could not be predicated on the Trostle letter. Instead, counsel argued that “the document that gives [the Hearing Officer] jurisdiction to conduct this hearing is the Board resolution, because only the Board can act. So with regard to that, [Ms. Tinter's} Counsel and I agree” (emphasis added) (TX 796). The “resolution” referred to was a February 16, 2016 draft resolution of the Board (without evidence in the Board minutes of any vote taken on it) (X 8). Any reliance on that purported draft resolution is foreclosed by Kasarda’s repeated statements that his designation was by Trostle’s letter of February 23, 2016, nor the purported draft resolution of February 16, 2016. In any event, that resolution, even if adopted, does not comply with the statute and cannot salvage the Board’s position. ‘The most glaring deficiency is that, as of February 16, 2016, the date of the purported resolution, neither the initial charges preferred against Ms. Tinter on February 23, 2016 (X 1) nor the amended charges asserted on March 10, 2016 (X 3) existed. The Board's counsel 2 This and similar references are wo the transcript of the hearing conducted by Kasarda, a certified copy of which Respondents are required to file with the Court pursuant to CPLR 7804). 4acknowledged at the hearing that the designation of a hearing officer must be made, “in the context of there being disciplinary charges, otherwise there's nothing for the hearing officer to do” (emphasis added) (TX 798). See, Scharf v. Levittown Union Free Sch. Dist., 294 A.D.2d 508, 509, 742 N.Y.S.2d 848 (2 Dep't 2002) (“written resolution adopted ... incorporating the notice of charges by reference ...” (emphasis added)); Matter of Perryman v. Saranac Lake, 64 A.D.3d 830, 831, 881 N.Y.S.2d 693 (3" Dep't 2009) (resolution appointing hearing officer adopted after charges were preferred, not before). It was not until February 23, 2016 that charges were first preferred and, most important of all, it was not until March 10, 2016 that the amended charges, those on which Ms. Tinter's termination was based, were asserted against her. Therefore, only on or after March 10, 2016 could the Board designate Kasarda to hear the amended charges. It never did so. Since there was never a resolution by the Board authorizing a hearing on the amended charges, Trostle's attempt, in her letter of February 23, 2016, to authorize Kasarda to hear and report “on any amendments or supplements to the charges as may hereafter be preferred” was ineffective as a matter of law. Accordingly, the disciplinary proceeding against Ms. Tinter was a nullity. The single case cited by Kasarda to support his assertion that he was properly designated, McKenzie v. Board of Educ., 100 A.D.3d 1096, 952 N.Y.S.2d 860 (3° Dep't 2012), in no way supports his position (X 4, p. 7). There, it was only after the employee was charged that the ‘board adopted a resolution appointing the hearing officer. The next day, a letter was sent to the is added). That is in hearing officer informing him that “he had been appointed ...” (emphi marked contrast to the instant case, where no charges existed when the February 16, 2016 draft resolution was purportedly adopted, and Trostle’s February 23, 2016 letter stated not thatKasarda had been designated as the hearing officer, but rather, that he was being designated by Trostle in that very letter — which she had no legal right to do. POINT It SINCE THE BOARD AS A WHOLE AND, AT A MINIMUM, TRUSTEES TROSTLE, REGAN AND FISCHER, WERE NOT IMPARTIAL, THEY WERE DISQUALIFIED FROM REVIEWING THE HEARING OFFICER'S REPORTS AND FROM ACTING ON THE CHARGES AGAINST PETITIONER A. Disqualification of the Board as a Whole “Inis beyond dispute that an impartial decision maker is a core guarantee of due process, {fally applicable to adjudicatory proceedings before administrative agencies.” Stein v. County of Rockland, 259 A.D.2d 552, 553, 686 N.Y.S.2d 460 (2! Dep't 1999) (emphasis added); see also, Brundage v, Yonkers Parking Authority, 220 A.D.24 411, 631 N.Y.S.2d 883 (2 Dep't 1995). In the present case, the Board was biased and incapable of rendering an impartial verdict. In his initial report, Kasarda recognized that the Board itself was Ms. Tinter's accuser (X 4, p. 2). Several Board members were centrally involved in the events in issue and the pretextual charges were asserted in bad faith to further a preconceived plan of getting rid of Ms. Tinter. As Kasarda himself expressly acknowledged: “{TJihey, obviously, want to get rid of her” (TX 979) (emphasis added), The report of the Board’s own consultant documented one Library staffer's assertion that “the Board of Trustees ... wants to ‘destroy’ the Library Director ...."" (emphasis added) (LX 8, p. 20) The desire to “destroy” Ms. Tinter was confirmed by several prior trustees who disclosed that the Board exhibited “unbridled bullying” and “outbursts of anger and recriminations” against Ms. Tinter that was “degrading and spiteful” and “created a hostile work environment for 2 This and similar references are to Library Exhibits at the hearing conducted by Kasards. Respondent Exhibits ‘offered a the hearing on behalf of Ms. Tinter are cited in this memorandum as "RX." Any Hearing Officer Exhibit ‘marked ut the hearing is cited as "HOX."her,” that the Board sought to obtain more control of the day-to-day operations of the library by challenging Ms. Tinter’s prerogatives, and that the Board complained Ms. Tinter was paid too much and strategized for years to remove her as Library Director, including an attempt to convince a former trustee to run for election and join the Board as an ally to achieve Ms. Tinter’s removal (X 9, 10, 11, 12, 13; TX 979-80). Since the desire to take over the Library's day-to-day operations, reduce Ms. Tinter’s pay and force her to retire furnish no legal basis to terminate her employment, the subject pretextual charges were hatched by the Board. In addition to the Board’s actual bias, the manifest appearance of bad faith, bias and prejudice ~ itself a ground for disqualification — precluded any semblance of fairness and due process in the proceeding prosecuted against Ms. Tinter. As illustrated by the discussion of the specific charges, infra, the Board’s disqualification was compelled by the additional fact that all of the charges in issue involved the Board as a protagonist. A predominant theme of the Board’s allegations was that Ms. Tinter allegedly failed to comply with Board directives, or misled the Board. By acting as the final arbiter, the Board arrogated to itself the pusported right to choose between its own version of the facts and Ms. Tinter’s. That effectively precluded any semblance of impartiality. Sinicropi v. Milone, 80 A.D.2d 609, 436 N-Y.S.2d 48 (2 Dep't 1981). In addition, under the District's revised by-laws of July 1, 2014, the Board took exclusive contro! of all library operations and expenditures (X 19, ARTICLE Il, Section 1). Therefore, Ms, Tinter’s alleged failures in that regard, from and after July 1, 2014 were actually the lity of the Board, not Ms. Tinter. The Board could not be impartial since the issues respor involved the propriety of its own conduct. In fact, the Boards failure to institute proper financial controls is admitted in the recent report of its current President (X 15, p. 8).