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RIDGE
LTBRARY
\flescchester Avenue
Pound Ridge,
NY 10i76-1714
9t4-764 5085/Tel
914-764 5319lFax
www.poundridgeli brary. org
March 10,2016
Ms. Marilyn Tinter
100 Parkview Road
Pound Ridge, NY 10576
In accordance with Civil Service Law Section 75, you are hereby notified that the
following charges are preferred against you:
CHARGE I _MISCONDUCT
INCOMPETENCE
1,
1,
Specification 3. When you engaged in the conduct set forth in Charge I, Specification 1
andlor Specification2,you caused the Library's circulations statistics to be inflated and/or
inaccurate and, in doing so, caused the library to provide the public with misleading circulation
statistics.
Specification 3. On or about January 7,2016, you lied and/or were untruthful to the
Library Board's investigator, Ronni M. Travers, when you stated, in sum and substance, that you
did not discuss arry part of the Report with one or more members of the Library staff.
Specification 4. On or about January 7,2016, when you engaged in the conduct set forth
in Charge II, Specification 3, you violated a directive from Ms. Travers that, in sum and
substance, you were to truthfully answer all of her questions.
Specification 5. On or about January 7,2016, when you engaged in the conduct set forth
in Charge II, Specification 3, you violated your own representation to Ms. Travers that, in sum
and substance, you would answer truthfully all of her questions.
Specification 6. On or about November 27,2015, you sought to intimidate andlor
rctaliate against Alan Ramsay for comments he allegedly made to Ms. Travers in connection
with her preparation of the Report when you stated to Mr. Ramsay, in sum and substance, that
you were "sad" about negative comments in the Report that you attributed to him.
Specification 7. On or about December 1,2015, you sought to intimidate and./or retaliate
against Alan Ramsay for comments he allegedly made to Ms. Travers in connection with her
preparation of the Report, when you sent Mr. Ramsay an e-mail about a job opening in another
library.
Specification 8. On or about December 1,2015, in a discussion regarding the Report, you
stated to one or more Library employees that, in sum and substance, employees should not go to
the Library Board with their grievances andlor issues they had with the Library.
Specification 9. On or about December 1,2015, when you engaged in the conduct set
forth in Charge II, Specification 8, you violated Library Personnel Policy Section 4.13 ("Open
Door Policy"), which provides, in relevant part, and in sum and substance, that "[i]f an employee
believes that a decision affecting him/her is unjust or inequitable, he/she should speak promptly
with the Director. If an issue remains unresolved after speaking with the Library Director, the
employee may contact the President of the Board of Trustees."
title of Library Clerk and, in doing so, violated an August 19,2015 directive from the Board
directing you, in sum and substance and in relevant part, not to undertake "arry staffrng moves
that would trigger a Civil Service commitment until further input can be obtained from the HR
consultants."
Specification 2. Between on or about October 23,2015 and on or about November 10,
2015, you failed to rescind your August 19, 2015 letter to Mr. Burkart requesting, in sum and
substance and in relevant part,thatJeffrey Robinette be reinstated to the title of Library Clerk,
despite being directed to do so on or about October 22,2015.
AND/OR TNCOMPETN,NCE
1,
1,
Specification 3. When you engaged in the conduct set forth in Charge X, Specification 1,
you violated Library Personnel Policy Section 4.46 ("Workers' Compensation Insurance"),
which provides, in relevant part, and in sum and substance, that "[t]o ensure your physical wellbeing and the correct processing of these claims, you must notiff your Supervisor immediately
about any injury occurring during and as a result of employment, no matter how slight."
Specification 4. On or about April22,20l5, you filed workers' compensation forms on
behalf of the Library with regard to your April 9, 2015 worlace injury, even though you \ /ere
not authorizedto do so.
Specification 5. On or about May l, 2015, you returned to work from a medical leave
without hrst providing the Library Board with a doctor's note verifiing your fitness to return to
work.
Specification 6. Your conduct as set forth in Charge X, Specification 5 violated Library
Personnel Policy Section 4.51 ("Family Medical Leave Act"), which provides, in relevant part,
and in sum and substance, that "[e]mployees retuming from medical leave must submit a health
care provider's verification of their firess to return to work."
Specification 7. On or about May 13, 20t5, you emailed then Board President Diane
Mazzantithat,"I am able to resume my full duties without any restrictions necessary in order to
fulfill my responsibilities"
Specification 8. Your failure to provide and/or have provided to the Board in a timely
manner the May l,2015letter from your doctor/health care provider resulted in the Board being
unable to accurately determine the timing of your anticipated return to work and, as a result, the
need and extent for coverage for your work.
Specification 9. Despite being directed to do so by President Trostle on or about
November 17,2015, you refused and/or were unable to produce any of the workers'
compensation documents associated with your workers' compensation claim.
Specification 10. Despite being directed to do so by President Trostle on or about
November 17,2015, you refused and/or were unable to produce the Library's current workers'
compensation policy.
You are entitled to answer these charges. The answer is due eight days after the charges
are served on you, excluding the day on which you receive them.
You are entitled to a hearing on these charges and to be represented at the hearing by
counsel or a representative of a recognizedor certihed employee organization. A transcript will
be made of the proceeding. You should be prepared at the hearing to present witnesses and other
proof as you may have in your defense against the charges.
The hearing will be conducted on March 24,2016 at 10:00 a.m., before Hearing Officer
Steven Kasarda, Esq., at the Pound Ridge Library District, 271 V/estchester Ave, Pound Ridge,
NY 10576.
If you are found guilty of any of these charges, the penalty or punishment imposed on
you may consist of dismissal from the service, demotion in grade and title, suspension without
pay, a fine, or a reprimand.
Pending the determination of these charges, you are hereby suspended with pay, effective
the day after you receive the charges.
All further notices and communications addressed to you in connection with these
charges will be mailed to your latest address on record with the Library, which is 100 Parkview
Road, Pound Ridge, NY 10576 unless you request, in writing, that same be sent to you at a
different address or to your representative.
Erin Trostle
President, Board of Trustees
Due and timely service of a copy of the within
Charges is hereby admitted this _ day of
20t6
Marilyn Tinter
cc