Nicoletti fired

Hearing officer not swayed by defense attorney’s counter attack

By FRITZ MAYER

MONTICELLO, NY — Phil Nicoletti, the suspended Deputy Commissioner of the Department of Public Works (DPW), has been officially relieved of his job following the recommendation of hearing officer Michael Wittenberg. Wittenberg found that Nicoletti improperly copied confidential documents, stole county-owned equipment and conspired to coerce Legislator Kathy Labuda to stop an investigation into the DPW. Former DPW Commissioner Peter Lilholt resigned in March of this year, just as the scandal began to unfold. At the hearings earlier this year, Lilholt admitted to stealing county-owned equipment and to plotting to blackmail Labuda.

The dramatic hearings brought charges of widespread corruption and favoritism within the county government. Nicoletti’s defense attorney, Jonathan Lovett, had promised to turn the tables on lawmakers and expose the seamy underside of local government.

That led to revelations that Labuda’s brother, Desi Wisniski, a county employee, was having an extramarital affair. Lilholt, Nicoletti and two other suspended employees threatened to expose the affair if Labuda did not act to halt the investigation.

Lovett questioned Labuda and other officials about their knowledge of the affair and whether it was conducted on county time. He was trying to show that his client was being singled out for punishment when there were plenty of other cases of wrongdoing at the government center that were being ignored.

Some county officials who witnessed the hearings, believed the tactic might have been working. One, who wanted to remain anonymous, said he thought Wittenberg was siding with the defense almost every time an objection or technical question was raised.

But Wittenberg, in his 11-page decision, wrote, “Nothing on the record shows that employees of similar rank to the respondent committed offenses of this gravity.”

Sullivan County Legislative Chair Chris Cunningham said he was always confident that the county had a strong case, and he was not surprised by the findings. He said in a statement, “The vast majority of county workers are honest… The decision shows the commitment of Sullivan County to a policy of zero tolerance to the type of behavior that has been exposed in the current DPW investigation.”

The final decision to fire Nicoletti came from current DPW Commissioner Robert Meyer.

The charges against Nicoletti were civil rather than criminal. Because of that, Meyer said while considering his decision to terminate Nicoletti’s employment, it was appropriate for him to consider the fact that Nicoletti did not testify in his own defense, and it was a point against him. Meyer wrote that a review of the testimony “indicates that your defense strategy was not so much to prove your innocence of the charges against you, but rather to say other people had committed similar types of acts.” Meyer said such acts as were brought out in the hearing were “pale in comparison” to what Nicoletti had done

Nicoletti still faces criminal charges. Forty-two counts have been filed against him and Lilholt.

Also implicated in the scandal are Parks and Recreation director Richard Caroluzzo and chief fiscal officer Amy Winters. Caraluzzo has another disciplinary hearing scheduled for December 23. No charges, civil or criminal, have been filed so far against Winters. Cunningham would not comment on whether charges against her are forthcoming.