Borrowing was standard practice at DPW

By CHARLIE BUTERBAUGH

MONTICELLO, NY — Sullivan County Attorney Sam Yasgur bears the burden of proving the truth of charges filed by the county against suspended Deputy Department of Public Works (DPW) Commissioner Phillip Nicoletti, which include allegations that Nicoletti bought equipment for his own personal use with county purchase order forms and regularly ordered DPW mechanics to do work for him with county equipment on county time.

Yasgur’s main witness so far in the disciplinary hearing, which continued Friday, July 15 at the county courthouse, has been former DPW Commissioner Peter Lilholt, who retired suddenly when the county’s investigation was made public in late February.

Lilholt has admitted to keeping equipment he knew was owned by the county at his house up until the investigation began, including a parts washer, power washer and GPS equipment.

He admitted his participation, albeit limited, in “brainstorming” sessions during which DPW employees came up with a list of county employees who had violated policies.

And he admitted that he attended a secret March 12 meeting in a parking lot in Montague, NJ, where he, Nicoletti and other DPW managers apparently told Legislator Kathleen LaBuda that they would release the list to the press if their jobs were not reinstated.

The names of LaBuda’s brother and husband are believed to have been on the list.

Nicoletti’s attorney, Jonathan Lovett, questioned Lilholt in attempts to discredit him as a witness, and he later drew out information from Glenn Darling about 10 DPW employees who had either borrowed county equipment for personal use or worked on their own equipment during county time, mostly at DPW’s Barryville shop. Darling is DPW’s garage superintendent.

Lovett also said he intended to prove that “the entire investigatory process was driven by political reasons—that it was done in bad faith.”

At one point during the July 15 hearing Lovett referred to Lilholt as Yasgur’s “client.”

Yasgur quickly retorted, “He’s not my client. He’s a witness under subpoena. My client is the county of Sullivan, which is trying to rid itself of thieves.”

Reading from a transcript, Lovett pointed out that during a February 4 interview, under oath, Lilholt testified that he, Nicoletti and DPW Parks and Recreation Director Richard Caraluzzo (suspended) participated in the second “brainstorming” session.

Then, Lovett asked if anyone else was present. Lilholt replied that DPW Senior Fiscal Administrative Officer Amy Winters (suspended) and engineering supervisor Bob Trotta were there.

Lovett asked Lilholt why he hadn’t said this until now.

“Obviously, I was confused,” Lilholt said.

“Who was there?” Lovett asked.

Lilholt answered, “Rich Caraluzzo, Phil Nicoletti, myself, Amy Winters and Bob Trotta.” Lovett asked why Lilholt didn’t mention this during previous testimony, and pressed him to say whether Winters was really at the session.

“I don’t know,” Lilholt replied. “I’m getting very confused.”

Lovett asked, “Has your memory faded between February and now?”

Lilholt replied, “Yes.”

Lovett continued, asking if Trotta was there.

“I don’t know,” Lilholt replied.

Michael Wittenberg, the management and labor relations consultant who is presiding over the case, said to Lovett, “Let’s move on. I’ve got this.”

Lovett continued to hammer Lilholt with a slew of questions in an attempt to reveal discrepancies between the witness’s testimonies regarding which DPW employees entered the locked office of Carolyn Hill of the county’s personnel division and who copied transcripts of interviews conducted for the county’s investigation.

Later, under questioning from Yasgur, Darling said Nicoletti told him to order two parts washers.

“Did the county have a need for two parts washers?” Yasgur asked.

Darling replied, “No.”

Yasgur asked if Darling had ever seen the parts washers in use at county facilities.

Darling replied, “No.”

Darling said that Nicoletti asked him to work on non-county vehicles on numerous occasions, including a motorcycle owned by Nicoletti’s son.

On cross-examination, Lovett succeeded in drawing from Darling that using county equipment for personal reasons was routine at DPW.

If someone needed something, they borrowed it and brought it back the next day, Darling said.

The continuation of the hearing for Nicoletti is being scheduled, as is the hearing for Caraluzzo.