Herricks focus moves to next year’s budget

The Herricks Board of Education officially set the 2011-2012 tax levy for the district at $86.9 million last week at its regularly scheduled meeting, approving the 3.78 percent increase the board had projected in the school district‘s $98.9 million budget.
But rather than celebrating, board members immediately turned their attention to the 2012-2013 budget and the specter of a 2 percent tax cap threatening to force another round of serious budget cuts.
“With the tax cap, it’s pretty clear what we’ll be facing next year,” said Herricks Superintendents of Schools John Bierwirth, who estimated that the district would have to produce a budget that would be $3.7 million less than the $98.9 million budget in place for 2011-12.
“I think people are going to have to look to extreme solutions,” Bierwirth said.
While Bierwirth said the first inclination is to “hold onto everything you’ve got,” but the reality is that the district faces the prospects of laying off more than 30 employees next year and the year after that “if everything remains the same.” The budget for the 2011-12 school year eliminated 62 positions district-wide among all the employee groups with teachers making up 35 of the positions.
Bierwirth said the “biggest problem is pensions and health,” costs which rose 33 percent in the upcoming year’s budget.
On Bierwirth’s recommendation, the school board voted to allocate $1.1 million to the workers compensation reserve fund, $948,977 to the unemployment insurance reserve fund and $221,043 to the employees-retirement-contribution reserve fund. Bierwirth said the $1.1 million allocation for workers compensation is needed because the board budgeted only $200,000 for that purpose in last year’s budget.
In a discussion prior to the board’s approval of the tax levy, the recommended ceiling of 27 students in a classroom could be a difficult standard to maintain.
“We’re trying to stick to our class guidelines,” Herricks School Board President Christine Turner said, adding that some courses will increase in class size.
When one parent asked whether teaching assistants could be added to offset the loss of teachers in the district, Turner expressed little optimism.
“From what we know, it’s not going to look good next year. It is not going to be the Herricks it was,” she said.
Board member Sanjay Jain said the board had the best interests of all students in the district in mind and would seek to make “incremental” cuts in programs where cuts seemed necessary.
“We’re trying to achieve an optimal outcome,” Jain said.
Jim Gounaris, the newest board member and a parent in the district, suggested that the school board needs to think of alternate solutions for funding teaching positions and programs.
“We could have found the money in the community. We’re all one family, a Herricks family. We have to figure out a way to walk through this fire,” Gounaris said.
One tactic Herricks recently adopted was the hiring of private investigator Joseph Wendling, a retired New York City police detective, to look into cases of students improperly registered to attend school in the district.
Bierwirth sharply criticized an editorial that appeared in the Aug. 12 editions of the New Hyde Park Herald Courier and the Williston Times, which took the school board to task for what it called a “heavy-handed approach” for hiring a “low-rent” investigator.
He called the editorial a “cheap shot” at Wendling and pointedly said that the school district does not have the capacity to “go beyond the law.”
“I had the biggest problem with the words ‘low-rent’,” Bierwirth said. “This is a man who had a distinguished career. He’s certainly not low rent.”
Wendling’s remuneration depends on how many cases he handles in a year, up to a cost capped at $20,000.
He also said the editorial also was “factually inaccurate,” but did not specify what it had misrepresented.
Board member Peter Grisafi said that Wendling’s investigation process would “vary by situation.”
Bierwirth said Wendling would appear at a public meeting next month to explain more fully how he will function, and added that Wendling would have other people working with him.
When a resident asked about giving the private investigator access to information on student registrations, Bierwirth said, “We work together as a team. We want to use him to maximum advantage.”
The school district administration had already been working cooperatively with the Town of North Hempstead to identify instances in which it suspected people were maintaining illegal living arrangements in the district or were misrepresenting their real addresses to illegally register students in the highly regarded Herricks district.
In other developments:
• The school board approved a two-year lease for Harbor Child Care, which has headquarters in the Herricks Community Center, with increases of 2.5 percent each year, resulting in $290,161.92 for rent in the 2011-12 school year and $297,386.48 for the following year.
• Bierwirth said scores on the social studies AP and Regents exams in June were “excellent,” based on what he called “anecdotal” information he received about those test results.

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Ironic Twist in Montville Fraud Case

It was, perhaps, ironic that Joanne and John Skok of 43H Flintlock Rd., Ledyard, appeared in New London Superior Court Thursday to ask for more time to raise the money they need to pay a lawyer to defend them against charges of larceny in the first degree and conspiracy to commit larceny.

The Skoks are accused of bilking Montville resident Jacqueline Becker, 73, out of $45,000–money that Becker told police she gave the Skoks to pay for an attorney they claimed to have hired on her behalf after they convinced her she’d been the victim of a fraud scam.

It seems that Becker might well have been a victim of fraud but, according to the police affidavit, it was the Skoks who did the defrauding, when Becker fell for an elaborate story the couple concocted involving stolen cars, a phony lawsuit, and a cast of characters ranging from the Gotti crime family to an Argentinian diplomat.

JOAN SKOK, 60, a heavyset woman in a wheelchair who wore a surgical mask when she appeared in court today with her husband, John, doesn’t fit the stereotype of a slick con artist but police say she has a long criminal history.

Police records show Skok had been arrested multiple times from 1987 to 2000 on charges of larcey, and of issuing bad checks, and has gone by a variety of aliases including Joanne Warner, Joanne Rochette and Joanne Brown.

Becker was president and treasurer of the Montville Town Fair when she first met Joanne and John Skok in 2005. The couple had answered an ad for volunteers to help with the fair. Joanne Skok told Becker she was an experienced grant writer who could help raise money for the event. The two became friends.

Becker told police she had used $40,000 of her own money to pay outstanding bills for the fair, because she believed Skok when she said she had secured grants for $45,000 to reimburse her. The grant money never did materialize but that’s not why the Skoks are facing charges today. In March, 2010, Becker went to the police because she suspected the Skoks had defrauded her personally.

According to the arrest affidavit, Becker told police she considered Joanne a friend and had confided in her when one of Becker’s own relatives had defaulted on a car loan for which Becker had cosigned. When the bank turned to Becker to repay the loan, Becker said she told Skok she thought her relative should be responsible for the debt. If her signature was on any document other than the loan itself, she said, it would have to be a forgery.

It was at that point, Becker told police, that Joanne Skok offered to help, saying she had a nephew in the FBI who could look into the possible fraud.

At first, Becker said, the Skoks asked for nothing, but then Joanne said that her nephew “Stuart” would get into trouble for working on something for the family and suggested that Becker hire a private investigator he knew instead. Becker agreed to withdraw $2,100 from her retirement account. She gave the money to Joanne Skok, she told police, to pay the investigator. Becker said Skok asked her to keep the transaction secret to protect “Stuart.”

AS BECKER RECOUNTED IT, Skok’s story then became increasingly complicated. First, Joanne told Becker the investigator had learned that the car dealership had been selling stolen cars and that a number of people who had been swindled were suing. Becker told police that Skok offered to hire an attorney on her behalf so she could join the suit, and Becker gave her money to do so.

From the spring through the fall of 2008, Becker made numerous payments to the Skoks, she told police, believing the money was going to cover the cost of hiring investigators and attorneys. A police search of the couple’s bank account found a variety of checks deposited from Becker, with memos noting the payments were for “attorney fees” and “court fees,” but the only withdrawals the Skoks ever made were to cover their own living expenses.

In the statement she gave to police, Becker said Joanne Skok told her to say nothing to anyone because the car dealership was owned by a member of the Gotti crime family. Becker said Skok explained that the Gottis planned to sell five houses to settle the suit, and that a house in California worth $225,000 would probably be awarded to her.

When that money didn’t come through, Joanne Skok said an Argentinian diplomat had bought the house but couldn’t cover the closing costs. She suggested that Becker give her more money to fly the attorney to Argentina to get the settlement she was due. Becker did so but was then told that the unfortunate attorney had been hit by a car in Argentina and his briefcase containing all the paperwork for her case had disappeared during the accident. Becker was told she could expect no satisfaction from the Gotti family either, because, according to Joanne Skok, the dealership’s owner had since disappeared into the witness protection program.

As outlandish as the story sounds, Becker believed it. She told police that between January 2006 and January 2010, she gave the Skoks about $90,000.

“It is known that criminals who commit these financial crimes of fraud prey especially on elderly victims,” Detective John Jette, a white collar crime specialist at the Eastern District Major Crime Squad, noted in the arrest warrant. “These criminals will exploit the trust and naivete of certain elderly people by concocting false stories in an effort to defraud victims of their money.”

As fate would have it, the Skoks now need money to pay for a real attorney. As the couple’s income is too high for them to qualify for a public defender, New London Superior Court Judge Patrick Clifford gave the Skoks until Sept. 27 to liquidate their assets and raise enough money to pay for a private attorney.

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Private Investigator Ordered to Name Names In Hacking Scandal

It looks like Glenn Mulcaire will be forced to reveal who ordered him to hack the phones of celebrities. The private investigator, once employed by the now shuttered News of the World tabloid, lost a court appeal ordering him to say who it was that ordered him to illegally tap into voicemails, reports The Guardian. So “by the end of next week,” according to the paper, we may have new revelations in the ever-widening scandal:

Mulcaire must now name names in relation to [model Elle] MacPherson, [politician Simon] Hughes and four others – the celebrity PR Max Clifford; the football agent Sky Andrew; Jo Armstrong, a legal adviser to the Professional Footballers Association; and Gordon Taylor, the former head of the PFA.
Yesterday, it seems noteworthy, The Guardian reported that Mulcaire was suing News International for deciding not to pay his legal bills anymore. They dropped him in late July.

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Orange County Private Investigator Receives Prestigious Presidents Award from the California Association of Licensed Investigators

Newport Beach, CA, August 19, 2011 –(PR.com)– Orange County Private Investigator and owner of Newport P.I. (a Newport Beach based Detective Agency) was honored with the prestigious Presidents Award from the California Association of Licensed Investigators (CALI). Chris Woodson, CPI received the award from Association President Chris Reynolds for his efforts over the past year working on the Board of Directors. Woodson was instrumental in implementing many new polices, programs, and benefits that have saved CALI tens of thousands of dollars in its yearly budget at the same time increasing the programs and benefits available to its membership. President Reynolds cited Woodson’s hundreds of hours volunteered to help fellow Private Investigators­, traveling the State of California to attend individual district meetings, and questioning old practices of spending money which was solved by the outsourcing of programs and having those costs covered by advertising.

Woodson was also elected to the position of Vice President of Investigative Services on the board of directors for CALI where he previously held the position of District Director representing Private Investigators in Orange County. Woodson has been on CALI’s board of directors since 2009 and has served on many committees including having been appointed the Chairman of the Website and Marketing Committee by President Reynolds and his predecessor. Through his work on the website committee Woodson has modernized the CALI website and its membership management database which saves paid staff countless hours and allows Private Investigators to generate business from having an individual profile on the website which allows them to profile their specialties, services, and integrate all this with many new social media services such as blogs, forums, Facebook, LinkedIn and others.

Woodson’s agency, located in Newport Beach, is a boutique but full service Detective Agency with a staff of Private Investigators that are experts in many aspects of Investigations. This helps Newport P.I. fulfill its goal of providing a higher than normal level of service to its clients over other Private Investigation firms.

Woodson comes from a background of local law enforcement. Having honed his Investigative skills as a young Narcotics Police Detective-he realized his strengths lied in Investigations and Public Relations. This in turn made him a natural as a Private Investigator and he now offers his services to the General Public.

Newport P.I. also caters to corporations, small business, and Attorneys providing such services as Surveillance, Background Checks, Loss Prevention, Crisis Management, and many other types of complex Investigations. Woodson also holds the CPI (Certified Private Investigator) designation from CALI. Woodson is one of very few Private Investigators who holds this certification in Orange County, and the only one in Newport Beach. This designation is achieved through continuing education, a higher level of understanding of ethics and the laws governing the Private Investigator industry, as well as continuing to support the Association.

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Judge asked in Beatrice 6 case

A federal judge soon will be asked to reconsider his ruling that a lawsuit filed by a man convicted of a 1985 murder he didn’t commit can go forward against the men who built the case against him.

Joseph White sued former Gage County Sheriff Jerry DeWitt; Burdette Searcey, apart-time sheriff’s deputy and former private investigator; Wayne R. Price, a part-time deputy and psychologist; and Deputy (now Capt.) Gerald Lamkin after he was exonerated in Helen Wilson’s killing. White, now deceased, and five others sent to prison in the case were exonerated in 2008 after DNA testing was done on evidence preserved from the crime scene.

The tests identified another man, who since had died, as the killer.

Of the six convicted in the case, White was the only one to be convicted at trial, and the conviction was based largely on the testimony of co-defendants, most of whom now say they entered pleas to avoid the death penalty.

When White died in a workplace accident in Alabama in March, his estate continued with the suit.

Last week, U.S. Senior District Judge Warren Urbom refused the defendants’ request to dismiss the case, saying the record included evidence that the four “abused their power in a shocking fashion.”

Their attorney, Richard Boucher, has asked for a stay in the case, saying he is drafting a motion to reconsider.

If it’s not granted, he said, they will appeal to the Eighth U.S. Circuit Court of Appeals.

Earlier this month, another judge dismissed a similar case filed by Kathy Gonzalez, JoAnn Taylor, Thomas Winslow and James Dean, four of the others who entered pleas in Wilson’s death but since have been exonerated.

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Nightclub owner was Nevin Shapiro’s first victim in 1995 assault case

The revelations of former University of Miami booster Nevin Shapiro buying favor with Hurricanes players that have sent shockwaves through the athletic program are no surprise to Peter Honerkamp.

Nor was Shapiro’s conviction last year for running a $930 million Ponzi scheme that sent Shapiro to prison for 20 years. Honerkamp was the victim of Shapiro’s first felony conviction in a 1995 assault case.

“This was his chance to be a big shot, get him in the clubs, be a player — something he’s not,” Honerkamp said.

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Easter Then an owner of the Stephen Talkhouse nightclub in South Beach, Honerkamp said he nearly lost an eye when struck by what he characterizes as a sucker punch by Shapiro. Honerkamp repeated the account of the incident that he swore to in subsequent criminal and civil cases Thursday from Amagansett, N.Y., where he runs a popular club also known as Stephen Talkhouse.

He said he first encountered Shapiro trying to enter the rear of the Miami club along with several companions to avoid paying the cover charge in April 1995.

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Video: Jimmy Johnson rips ‘jock-sniffer wannabe’ Nevin Shapiro
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“I asked him to leave. He said, ‘Are you coming on to me?’ I looked at the [bouncer] behind me and said, ‘What the hell?’ By the time I turned back, he hit me in the eye,” Honerkamp said. “I wasn’t threatening him in any way whatsoever. I’ve never actually struck anyone, and I’ve been in the nightclub business for 25 years.”

While Shapiro fled, Honerkamp realized he was bleeding profusely. A ring Shapiro was wearing caught him under the eye and rolled the skin into a tiny ball. He said a surgeon who was summoned from a golf course the following day, Easter Sunday, did a remarkable job of saving the eye.

“My eyeball was hanging out. The first three hospitals where I was taken to wouldn’t admit me because of the severity of the trauma,” he said.

Hornerkamp hired a private detective who tracked Shapiro to northern Florida where he was arrested. Shapiro initially claimed he threw the punch in self-defense, but ultimately entered a guilty plea before trial and received 18 months of probation.

A civil suit was settled with Honerkamp receiving reimbursement for his medical bills. His only encounter with Shapiro after the incident at the nightclub was during a deposition hearing.

“I was glaring at him the whole time, and he didn’t have the courage to look me in the eye,” Honerkamp said. “If that guy had called me up and apologized, that would have been the end of it. He didn’t because he’s a coward.”

Honerkamp recovered from his injury, and his New York club is a hotspot in the Hamptons of Long Island, a relatively small venue known for attracting big-name entertainers. He has received commendation for his efforts in support of military veterans returning from Iraq and Afghanistan through the Wounded Warrior Project. The past six years he has helped organize the Soldier Ride in Miami, a charity cycling event from South Beach to Key West.

He was on a treadmill earlier this week when news broke about Shapiro’s claims of providing impermissible benefits to at least 72 University of Miami athletes. The accounts of lavishing athletes with cash, prostitutes, meals, glitzy entertainment and more are in character with Honerkamp’s recollections of Shapiro 16 years ago.

“He just basically wanted to act as if he didn’t do what he did. That’s probably emblematic of what he did here. He took people’s money, ripped them off so that he could be a big shot and then got mad at everyone because they didn’t help him out [after his arrest] for the money he stole from other people that he spent on them,” Honerkamp said. “None of this is surprising to me. The guy is as low as it comes. I’m just glad he’s in jail.”

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Search for Missing Nursing Student Continues Saturday

Almost 90 days since her disappearance, the family and friends of missing nursing student Michelle Le continue to search for her.
The family, with support from the Hayward Police Department and the KlassKids Foundation, will hold their seventh search party Saturday, convening with volunteers at a command center in Hayward at 8 a.m. prior to combing a yet unnamed location.

Le’s family continues to push forward, despite assurance from Hayward investigators that the case, which was classified as a homicide on June 6, will be solved soon.

On July 31, investigators told local media that they were processing evidence and discounting several potential suspects in the case, and would make an arrest in the near future. Any arrests have yet to be made.

“It’s like waiting for the other shoe to drop,” Krystine Dinh, Le’s cousin, said in a statement. “Michael [Le] and I have dedicated our every minute to Michelle’s case. We’re confident in the Hayward PD’s abilities and promises, but we continue to do our part in ensuring that she comes home to us by continuing to share her case at search parties, events and fundraisers.”

Le disappeared during a break from her clinical rotation at the Hayward Kaiser hospital on May 27. Police located her car parked nearby with blood inside, but found no sign of the nursing student.

“She’s still missing, so until she comes home, we’re not stopping,” said Michael, Le’s brother.

Volunteers will meet Saturday at 8 a.m. at 25350 Cypress Ave., Hayward. The search will last until 5 p.m.

Volunteers for Saturday’s search party must be at least 18 years old and bring photo identification. Individuals are advised to dress appropriately by wearing long pants and boots or sturdy, closed-toe shoes. Volunteers may also assist in the command center or distribute fliers.

Awareness events will also continue. On Monday, Aug. 22, the family will hold a bowling fundraiser from 5 to 10 p.m. at Classic Bowling Center in Daly City.

A $100,000 reward for information leading to Le’s whereabouts remains in place.

The Hayward Police Department has set up a tip line for anyone with information that could help with the case; that number is 510-293-5051.

People may also call Hayward police at 510-293-7033 if they have information on Le’s disappearance.

The family has also hired independent private investigator Michale Framé to help with the case. Anyone who would like to contact Framé may call 925-837-8309, ext. 33, or email Michael@theFrameGroup.com. Anonymous emails are accepted through the firm’s website, www.TheFrameGroup.com.

For more information or to make a donation to the Le search campaign, visit www.michellelemissing.com.

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Officials plead for public’s help in Celina Cass case

They have at least a dozen officers working the case at any given time, yet investigators are again turning to the public for help. Any piece of information could be the piece of the puzzle to solve this tragedy of Celina’s death,” pleaded Senior Assistant New Hampshire Attorney General Jane Young Thursday.

There’s now a reward – $25,000 from the FBI and $5,000 from an anonymous donor – for information that leads to the arrest and prosecution of anyone involved in Celina Cass’ death. The 11-year-old West Stewartstown girl was last seen in her home the night of July 25th. The next morning she was gone with no sign of a struggle.

Her body was discovered six days later, wrapped in a blanket, near a dam in the Connecticut River.

“We have spoken to a number of different witnesses,” said Young. “We are exploring a number of forensic avenues in this case.”

Authorities in New Hampshire, working with the FBI and Vermont State Police, have received 580 tips to date.

After extensively searching Celina’s home, they’re now piecing together a time line of her whereabouts and her family’s whereabouts in the days and hours before she disappeared.

“But there may be pieces that we are missing because we were not in the house in the days before or after her disappearance,” said Young.

Private investigator Don Nason, who’s keeping an eye on the case, thinks the reward will be a helpful tool in an investigation that many in West Stewartstown fear will go cold.

“Maybe there’s a friend of the family that knows what was going on before Celina went missing that isn’t saying something,” he said.

While the Attorney General’s office hasn’t identified any suspects or persons of interest, “I think that that they know what’s going on but they’re trying to get that last piece of evidence to make sure that they can do the right thing and make this prosecution stick,” said Nason.

Toxicology results are expected next week.

If you would like to make a donation to the reward fund, you can contact Susan Mall at Northway Bank in Gorham, NH, at (603) 466-5467.

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FDLE clears Port St. Lucie Mayor JoAnn Faiella of criminal wrongdoing

PORT ST. LUCIE, Fla. – Mayor JoAnn Faiella said she is happy, though not surprised, to learn she was cleared of wrongdoing related to decisions regarding city police personnel.

The Florida Department of Law Enforcement and the state attorney’s office determined there is no evidence Faiella is guilty of any criminal wrongdoing, according to a letter from Assistant State Attorney Lev Evans to the FDLE. That means the case is closed as long as no new evidence surfaces.

The investigation began after Capt. Joe D’Agostino filed a complaint Dec. 17, 2010, alleging Faiella used her office to influence personnel issues within the city’s police department. In that complaint, D’Agostino asked for city protection because he said he feared retaliation from Faiella.

“I have stated all along that I didn’t do anything wrong and they wouldn’t find anything,” Faiella said Thursday. “The city hired the first investigator and found nothing. I hired a private investigator, found nothing, and now FDLE and the state attorney found nothing. So now we can all move forward.”

On Jan. 3, City Attorney Roger Orr sent copies of memorandums from D’Agostino to the state attorney’s office and asked that the allegations in the memo be investigated. The city hired a separate investigator to look into the matter as did Faiella. During the last seven months, Faiella said she tried to remain positive as the investigation unfolded.

“I really didn’t have it affect me at all because I knew what the outcome (would be),” Faiella said. “And that’s why, I kept telling people, ‘Let the investigation take place and the truth is there at the end.’

“I just knew it was out there and I wanted to put it behind me, have it done and move forward now.”

The findings conclude a chapter of the lengthy legal issue regarding whether Faiella played a role in City Manager Jerry Bentrott’s decision to terminate the contract of former police chief Donald Shinnamon. Bentrott fired Shinnamon on Dec. 2, 2010, shortly after Faiella was elected mayor.

“It’s been a roller coaster because of first the hostile work environment (claim) and then other allegations that came out of it, but you know what, we rise above this and we move on now,” Faiella said.

In D’Agostino’s memo on Dec. 17, which was addressed to Bentrott, D’Agostino wrote he was told by Shinnamon to watch his back because of potential retaliation by Faiella. D’Agostino wrote that Shinnamon told him he had been fired after Faiella put pressure on Bentrott to make the move.

When interviewed by FDLE, Bentrott said he had planned to fire Shinnamon in the late summer of 2010 but did not want the firing to become an issue during the November election. Bentrott said no one influenced him to make the decision.

According to the report, Bentrott told investigators “probably all of the City Council members, both of the old council and the new council … were aware that I was going to do this.”

Shinnamon had alleged that Bentrott had been told to fire Shinnamon or else the council would get someone who would. Bentrott denied making that statement, according to the FDLE report.

Shinnamon also told D’Agostino, according to the Dec. 17 memo, that he believed Faiella was planning retribution against D’Agostino, Maj. Gary Robinson and Lt. Roberto Santos because of a February 2009 memo released in November 2010 accusing Faiella of falsifying gang data during her time as a crime analyst with the police department. The memo was written by Santos to D’Agostino.

The Feb. 25, 2009, memo made public after Faiella was elected mayor Nov. 2 accuses her of admitting to falsifying gang member data while she worked in the crime and intelligence analysis unit so the police department could be eligible for federal grant money.

She has denied the allegations and said they are part of a complaint she filed against the police department with the U.S. Equal Employment Opportunity Commission alleging gender discrimination.

Faiella voluntarily transferred out of the crime intelligence and analysis unit and went to the records division in April 2009, according to records. Faiella, who made $38,396 annually as a crime intelligence analyst took a 5 percent pay cut to become a records specialist. She transferred out of the crime and intelligence analysis unit before filing the EEOC complaint. She began working in the police department in August 2002 as a police service aide.

The FDLE investigation also looked into allegations that Faiella offered another council seat to two former candidates in exchange for their support in the mayoral race. The allegations stemmed from a meeting at Applebee’s restaurant and a phone call to Victoria Huggins where Faiella was accused of offering support in future elections to help get votes for her mayoral run.

“The second criminal allegation, that Candidate JoAnn Faiella offered Jack Kelly’s council seat to either Victoria Huggins or Al Hickey in exchange for support of Faiella in the mayoral race is also lacking in credible

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Arbitrator could order Beverly to pay former city electrician up to $500,000

Beverly’s former electrical inspector, Edward Comeau, who claims he was wrongfully terminated in 2003, could be awarded an estimated $500,000 settlement if his lawyer and the city fail to negotiate a settlement before Sept. 19, according to his lawyer.

“Hopefully we can come to some sort of solution,” said Mayor William Scanlon, who took office a year after Comeau was fired by Mayor Thomas Crean in 2003. “If not, it’s likely we would appeal.”

Arbitrator Thomas Kochan ruled in May that Comeau should be paid lost wages dating back to the date of his termination.

Comeau’s attorney, Thomas Fallon, said his client would be making $84,000 annually had he not been fired and should also be compensated for lost benefits such as sick leave.

“All these things add up and considering its eight years you could be talking something in the half million dollar range,” said Fallon, whose client is also asking for his job back. “Frankly I would be surprised if there would be an agreement on the amount of damages just from the initial discussions I’ve had with the city. I think we’re too far apart.

“The reason it’s so much is because we’ve been fighting this for eight years and it took eight years to go to arbitration.”

Beverly City Solicitor Roy Gelineau couldn’t be reached for comment.

After the 51-year-old Beverly resident spent 16 years on the job, the Globe reported in 2003 that he was fired in part because he missed work on April 29, 2002. At the time, human resource director Thomas W. L’Italien, told the Globe that the city hired a private investigator to follow Cameau that day. Comeau alleges that he informed his former boss that he was on call to testify at a US District Court hearing. The Globe also learned at the time that Beverly’s practice of hiring private investigators to follow employees dated back to 2001.

Ultimately Comeau was terminated less than a month after a 2003 altercation with his assistant in which Comeau reported that the assistant refused to do work on a specific project, according to Fallon.

“Because this assistant was friendly with the mayor and the human resources director, Mr. Comeau was suspended for five days without pay,” Fallon alleged, adding that after the suspension was served Comeau was asked to submit a formal apology. “He said ‘I can’t apologize, the statement is true.’”

A judge declined Fallon’s request for injunction to prevent Comeau’s termination. The judge said overturning the termination wouldn’t constitute irreparable harm because Comeau could always collect damages down the line.

The city challenged Comeau’s status as a union employee, but an arbitrator ruled in 2004 that Comeau was a union member. In 2006 a Superior Court judge ordered an arbitrator to determine it Comeau was improperly terminated.

In the meantime, Comeau’s former assistant has held the ever since 2003, according to Fallon.

And Comeau, a father of three, has picked up several part-time jobs without benefits. Comeau is currently unemployed.

Scanlon, the city’s current mayor, said the city has always had appropriate policies to handle such situations but this was “poorly handled” by his predecessor.

“We’d have to find a way to absorb whatever the hit is,” Scanlon said when asked about potentially paying Comeau $500,000. “But I don’t think there should be an emphasis on any number at this point. I think that just goes down the wrong street.”
http://liarcatchers.com/fraud_investigation.html

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Posted in Court Ruling | Tagged | Comments Off on Arbitrator could order Beverly to pay former city electrician up to $500,000