G

*
March ?4,1998

Mr. Donald Goddard

429 Dutchess TurnPike Poughkeepsie, NY 12601

RE: NOTICE AND STATEMENT OF CI{ARGES

Dear Mr. Goddard: existing Collective Bargaining Agreem,en! In accordance with the provisions of Civil Service Law, the Police Department' you are hereby notified and the Rules and Regulations of the Town of Hyde Park that the following charges are preferred against you:

CHARGES YOU ARE GUILTY OF MISCONDUCT, AND/OR INSUBORDINATION, ANDIOR CONDUCT UNBECOMING AN OFFICE& AND/OR FRAUD, DEPARTMENTAL RULES AND REGULATIONS AND/OR INCOMPETENCY.

Charge

AND/OR FALSIFICATION OF PUBLIC DOCUMENTS, ANDIOR VIOLATION OF

Specification

1.

corporation That you are employed by the Town of Hyde Park, a municipal as a full-time Police Offrcer.
That you were hired on the 24th day of January, 1986' That your position is in the competitive class of

Specification 2. Specification 3.

civil service.

Specification 4.

That as a full-time Police Ofiicer, you are assigned by your department to work a specific shift as hereinafter set forth. That you are also required to maintain records of the time that you actually worked and to note the use of any vacation time' sick time, personal time and to note any other absenceThat you are obligated to submit to your department head at the end of a two (2) week work period, a document entitled Town of Hyde Park Attendance it""o.O, containing the above cited information as to the hours worked or benefits used.

Specification 5.

Specification 6.

Specification 7

That you are obligated to execute the certification on the bottom of said atteniance record, which states "I certi$r the above record ofwork hours that I am supplying is in fact the hours that I have worked during the above payroll period to best of my knowledge."
That on or about July 5, lggT,yousubmitted a certified attendance sheet for *6121197- 197'the payroll period
That on the following Friday you were paid for the time as computed from the above cited attendance sheet.

Specification 8.

Specification 9.

Specification 10.

That said attendance sheet as submitted by you was false and known or should have been known by you to be false at the time of submission. That said attendance record indicated that you worked eight (8) hours on June

Specification

1.

23,1997.
Specification 12.
Specification 13. That you were scheduled to work from
1

1:00 PM

to 7.00 AM'

That the sick log maintained by the employer indicated that you did not work on June 23, 1997 due to illness. That you knowingly submitted a false attendance sheet. That said attendance sheet is an of8cial document ofthe Town of Hyde Park'

Specification 14.
Specification 15.

Specification 16, Specification 17.

That said attendance sheet is a public record

That your actions constitute misconduct, insubordination and conduct

unbecoming an ofiicer.

Specification 18

That your conduct also violates the Rules and Regulations of the Town Hyde Park Police Department, to wit: A. Article III. Section 3.1 Section 3.2.3 Section 3.2.4 Section 3.2.34 Section 4.2

of

Article VII
Section 7.1 Section 7.1.1 Section 7.1.2 Section 7.1.3 Section 7.1.9 Section 7 .1.20 Section 7.1.34
C

Article

VIII
Section 8.1

Specification 19.
Specification 20.

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 Ofiice'

Specification 21.

You are allowed until the _ day of April, 1998 within which to make and file your answer in writing to these charges. Such answer should reach the Office of the Supervisor of the Town of Hyde Park at 627 Albany Post Road, Hyde Park, New York 12538 at or before 4:00 P.M. in the afternoon of said _ day of April, 1998.

You are entitled to a hearing on the above charges and to be represented by an attorney. You should be prepared at such hearing to present such witnesses and other proof as you may have in your
defense against these charges.

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

Ifyou

are found guilty ofthe above charges, you are hereby advised that the appointing authority will consider your employment record in determining the penalty to be imposed. You may at that time present an explanation concerning the adverse contents, ifany, ofyour personnel file.

The penalty or punishment imposed on you, upon a finding of guilt, may consist of either dismissal from the service, a demotion in grade and title, suspension without pay for a period of not exceeding two months, a fine not exceeding $100.00, or a reprimand.

TI{E PROPOSED PENALTY IS 30 DAY SUSPENSION WITHOUT PAY ON EACH CHARGE. AII further notices and communications addressed to you in connection with these charges will be mailed to your latest address on record in the Personnel Office of the Town of Hyde Park which address is 429 Dutchess Turnpike, Poughkeepsie, New York, 12601unless you request in writing that the same be sent to you at a different address.
Very truly yours,

TIIOMAS SPENCE
Supervisor of the Town of Hyde Park

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

duy of March, 1998.