JOSHUA A. POTOSEK, MBA ¢ ‘TEL 545-207-0450 ‘COUNTY MANAGER FAX 345-207-0460 COUNTY CATSKILLS ‘Mountains of Opportunies COUNTY OF SULLIVAN COUNTY MANAGER’S OFFICE ‘SULLIVAN COUNTY GOVERNMENT CENTER "100 NORTH STREET POBOX 5012 MONTICELLO, NY 12701 March 26, 2015, Hon. Cindy Kurpil Gieger, District 5 Legislator Sullivan County Legislature 100 North Street, P.O. Box 5012 Monticello, NY 12701 30 Likel Road Jeffersonville, NY 12748 Dear Legislator Gieger, 1am in receipt of complaints from two county employees that detail conversations that they have had with you receatly. In each instance the employees describe their interaction with you as being hostile and threatening. “The first letter I received is from Nancy McGraw dated February 19, 2015. The letter details two separate ‘conversations that took place on February 19, 2015. Nancy stated that she “felt very uncomfortable being approached by the Chair ofthe Health and Family Services Commitice like this in an accusatory and hostile manner, and quite frankly fee! as if | have been threatened”. Nancy does not went to be subject to a similar conversation in the future, ‘She has requested that future inquiries of er and her department be communicated through my office. ‘The second letter I received is from Kathy Jones dated March 24, 2015. The letter details a conversation that took place on March 19, 2015. Kathy felt that you acted inappropriately, in that you were “intimidating, arrogant, ‘condescending, and threatening”. She has requested that future inquiries of her and her department be communicated ‘through my office. ‘The County is responsible to ensure that employees are afforded a safe and non-threatening work environment. Further behavior as described above will not be tolerated. I am constrained to ask that you avoid future interaction with Nancy and Kathy, and that from this point forward all future informational requests of staff be routed through my office. Sincerely, aA G ‘County Manager ‘County of Sullivan County ce: Scott Samuelson, Chairman of the $.C. Legislature Lynda Levine, Personnel OfficerApril 3,2015 Dear County Manager Potosek, Lam in receipt of a letter from you dated March 26,2015 in which you state you are in receipt of letters from two county employees making accusations against me of hostile and threatening behaviour which are unsubstantiated and false. In order to carry out my duties, as a county Legislator and as Chair of the Health and Family Services Committee, I have had numerous conversations with both employees throughout my tenure as Legislator which were always to obtain necessary information in regard to county business. On or around the dates referenced in your letter, my conversation with these two employees was in response to recent events of county business. One conversation occurred in response to information provided by the employee herself to my colleagues referring to social media and recent events. I mentioned that I asa Legislator, had received inquiries from a constituent regarding social media postings that the employee had previously referenced. The brief conversation ended with the employee inviting me to “ sit down and talk.” The other conversation was with the employee responsible for handling county contracts. | asked to review the process of competitive bidding prior to the next meeting where numerous costly contracts were to be approved. I inquired about a recent state report received by some department heads regarding Third Party Contractual Services from another county in which the state recommended necessary policies be set by that county Legislature. I inquired as to whether the Legislature needed to review county policy here in Sullivan County in regard to contracts and if so that | wanted to be sure that | carried forth my duties as a Legislator. | also asked which of the many contracts the Legislature was being asked ‘to approve that day, had been put out for competitive bidding. On both occasions the exchanges were in my capacity as county Legislator and were neither hostile nor threatening. Below is an email | sent to one of these employees within days of our conversation: “Subject Question K-—, In review of the agenda list from this past Thursday Isee the contract cover memo for some contracts under ‘Efforts to find less costly alternative” where it says .Requested RFP 2013.2 014, ‘and 2015. Could you please clarify what that means? | assume it means you requested of the department to request for bid for the last three years butit was not followed through? How often would ite recommended to put these contracts ex. contract for Occupations out for RFP? Thank you. Legislator Cindy Kurpil Gieger” When, after a few days, | did notreceive a reply, I resent the email with the message:“Hi K—, Please see below request. Thank you.” 1 think you will have to agree that the tone of these emails is appropriate. Itis not hostile, threatening, or accusatory. My personal interactions were of a similar nature. Perhaps it was the subject matter and not the tone of the conversation that, as you state in your letter, made these two individuals uncomfortable. ‘Asa Legislator with powers and duties granted by the County Charter section A2-3 to make appropriations of tax dollars and authorize contracts it is important I have the ability to inquire and gain knowledge necessary to come to a full understanding of processes and policies. Also the County Charter specific to section A3-3 states the County Manager shall not curtail, diminish ,or transfer the power and authority of any elected County official. In your letter you state that I, as Legislator, am to “avoid future interaction” with the department head within the Division of which I am the Chairperson and also to the county employee who is responsible for procuring contracts. | am concerned that as County Manager you would state in writing “further behavior as described above will not be tolerated” without getting all the facts and without hearing both sides of a story. You accepted at face value accusations made against me without even a conversation to hear what I might have tosay. I feel comments made in your letter appear to be an attempt to diminish my ability to carry out my due diligence as an elected official and representative of the people of Sullivan County. As you are aware, this is an election year. The unparalleled reforms including addressing fraud , waste, and, abuse of Medicaid dollars has challenged the status quo with resulted in resistance to change. However, I have a responsibility as an elected official to continue to fact find, ask questions, and work to the best of my ability to represent the taxpayers and residents of Sullivan County. I ask that you join me in conversation to assist in accomplishing that goal. Sincerely, SC Legislator Cindy Kurpil Gieger cc: Lynda Levine, Personnel Officer Legislator Kitty Vetter