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March 24,1998

Mr

William Truitt 12 Wright Avenue Hyde Park, NY 12538

RE: NOTICE AND STATEMENT OF CHARGBS

Dear Mr. Truitt: Agreement In accordance with the provisions ofCivil Service Law, the existing Collective Bargaining you are hereby notified and the Rules and Regulations ofthe Town of Hyde Park Police Department, that the following charges are preferred against you

CHARGES

Charge I

YOU ARE GUILTY OF MISCONDUCT, AND/OR INSUBORDINATION, AND/OR CONDUCT IINBECOMING AN OFFICER, AND/OR FRAUD,

AND/OR FALSIFICATION OF PUBLIC DOCUMENTS, AND/OR VIOLATION OF

DEPARTMENTAL RL]LES AND REGULATIONS AND/OR INCOMPETENCY

Specification

1.

That you are employed by the Town of Hyde Park, a municipal corporation as a full-time Police Officer

Specification 2. Specification 3.

That yor,r were hired on the l6th day of February, 1990. That your position is in the competitive class of civil Service.

Specification 4

your department to That as a full-time Police Offrcer, you are assigned by work a specific shift as hereinafter set forth
time that you actually That you are also required to maintainrecords of the sick time' personal time and worked and to note the use of any vacation time, to note anY other absence.

Specification

Specification 6

Thatyouareobligatedtosubmittoyourdepartmentheadattheendofatwo (2)weekworkperiod,adocumententitledTownofHydeParkAttendance hours worked or R"co,d, containing the above cited information as to the
benefits used.

Specification 7

bottom of said That you are obligated to execute the certification on the record of work hours that attendance record, which states "I certifi the above the above payroll I am supplying is in fact the hours that I have worked during period to best of mY knowledge "
attendance sheet That on or about March 29,1997,you submitted a certified lor the payroll period " 3l1619l-3129197" '

Specification 8.

Specification 9.

computed from the That on the following Friday you were paid for the time as above cited attendance sheet. known or should That said attendance sheet as submitted by you was false and have been known by you to be false at the time of submission.

Specification 10.

Specification I L

(8) hours on That said attendance record indicated that you worked eight March 26, 1997.

Specification 12 Specification 13.

ThatyouwerescheduledtoworklronrT.00AMto]:00PM
you did not work That the sick log maintained by the employer indicated that on March 26,1997 due to illness'

Specification 14 Specification 15

That you knowingly submitted a false attendance sheet'

Park That said attendance sheet is an official document of the Town of Hyde

Specification 16 Specification 17

That said attendance sheet is a public record

That your actions constitute misconduct, insubordination and conduct

unbecoming an officer.

Specification 18

of the Town of That your conduct also violates the Rules and Regulations Hyde Park Police DePartment, to wit: A. Article III. Section 3. I Section 3.2.3 Section 3.2.4 Section 3 2 34 Section 4.2
B

Article VII
Section 7.l Section 7.I .1 Section 7.1.2 Section 7 I 3 Section 7.1.9 Section 7 1 20 Section 7 .1.34

C
Specification l9 Specification 20

Article VIII
Section 8
1

That your conduct caused you to be paid for time you did not work That your conduct caused your benefit time to reflect more sick time than you, in fact, had. That your conduct violated the public trust and your oath of office

Specification 21

day of April, l ggg within which to make and file your answer in writing of the T.own of Hyde Park to these charges. such answer should reach the ofice of the Supervisor of at 62l Albany Post Road, Hyde Park, New York 12538 at or before 4:00 P.M in the afternoon

you

are allowed until the

said

day of APril, 1998.

you

proof as you may have in your be prepared at such hearing to present such witnesses and other
defense against these charges.

by an attorney. You should are entitled to a hearing on the above charges and to be represented

you

Law notified that you may have a hearing pursuant to Section 75 of the civil Service for in the Rules and as provided or a hearing before the Town Boari sitting as the trial commission Answer, you should indicate which procedure you Regulationi. At the time of the submission ofyour you shall be deemed to have wish to follow. Absent a decision as the piocedure to be followed, Law, Pursuant to said procedure please selected the procedure under Section 75 of the civil service Jr. as the Impartial Hearing be advised that the Town Board has selected Edmund V Caplicki, place of said hearing' Officer. please be advised that you will be notified of the time, date and
are hereby

If you

record in delermining the penalty to be imposed. You may at that time consider you, "rployment personnel file' present an explanation concerning the adverse contents, ifany, ofyour

that the appointing authority are found guilty of the above charges, you are hereby advised

will

of either dismissal The penalty or punishment imposed on you, upon a finding of guilt, may consist without pay for a period of not exceeding fromthe service, a dernotion in grade and title, suspension two months, a fine not exceeding $100.00, or a reprimand'
EACH CHARGE THE PROPOSED PENALTY iS 30 DAY SUSPENSION WITHOUT PAY ON

All further notices and communications addressed to you in connection with these charges will be Park which mailed to your latest address on record in the Personnel Office of the Town of Hyde in writing that the address is 12 Wright Avenue, Hyde Park, New York, 12538 unless you request
same be sent to you at a different address.

Very truly yours,

THOMAS SPENCE
Supervisor of the Town of HYde Park

Pursuant to a resolution of the Town Board duly adopted on the

day of March, 1998

9)3d\qy

Approximatelythree(3)weeksago,amemberoftheTownofHydeParkPoliceDepartment,

time sheets entries on the bi-weekly police that there were certain erroneous advised the chief of police Department for payroll purposes submitted by the

was absolutely no and determined that there immediate investigation The Board undertook an leave accruals' in the computation of sick there were some errors public funds missing, although

system with each offtcer maintained on an honor the time sheets were basically For years,

maintaining his own records

voluntary accepted administrative personner involved have been corrected and the This matter has case a suspension without of benefit time, and in one their fire, the ross action incruding a letter in
pay

the has been implemented and in the future, a back up System In order to alleviate the problem to accept the installation of a has offered, without negotiations, porice Benevorent Association
personnel' alr police Department time crock to be utilized by

has been believes that the problem to monitor the situation, but The Town Board will continue

since this is a confidential involved will not be published The name of individuals rectified.

personnelmatternotinvolvingtheexpenditureofanypublicmonies.