Special counsel handling investigation of town’s chief financial officer, Walter says

Riverhead’s special counsel for labor relations is now overseeing the town’s investigation into possible improper use of town equipment and premises by William Rothaar, the town’s financial administrator, and/or members of his staff in the accounting department, Supervisor Sean Walter told RiverheadLOCAL Wednesday evening.

Melville-based attorney Richard Zuckerman, the town’s longtime special counsel for labor issues, is handling the investigation, Walter said.

The town held a meeting known as a Weingarten interview with Rothaar and his attorney, Richard Johannesen, at Johannesen’s Rocky Point law office on Tuesday, according to Riverhead Town Councilman George Gabrielsen. Gabrielsen said deputy town attorney William Duffy and Deputy Supervisor Jill Lewis represented the town at the meeting. The supervisor declined to say whether Zuckerman was also present.

“It’s a personnel matter and it’s being handled by our labor counsel,” Walter said Wednesday. “I really can’t say any more than that at the present time,” he said.

Gabrielsen told RiverheadLOCAL Monday he was very concerned about allegations that Rothaar and members of his staff were using town property to conduct private business. He subsequently issued a written statement confirming that the town was “conducting an investigation of the Accounting Department into the possible misuse of town property.” See April 5 story.

A Weingarten interview, named for a 1975 U.S. Supreme Court case involving the National Labor Relations Board, is a meeting at which an employee is asked to answer questions about his behavior which might result in disciplinary proceedings. The nation’s high court ruled that the employee has the right to union representation at such an interview. Weingarten “rights” have been incorporated into New York State Civil Service Law.

“[Weingerten interviews] are more common than you would suspect, unfortunately,” Walter said.

Matthew Hattorff, president of the Riverhead Civil Service Employees Union, the town’s largest collective bargaining unit, confirmed that “Weingarten hearings,” as they are known, are indeed common occurrences. On Wednesday he said he’s personally attended “dozens” of such meetings, as a representative of the Riverhead CSEA unit. Hattorff said the meetings are usually held at Town Hall.

“I’ve never seen one held off site that I can recall,” Hattorff said.

The supervisor said he didn’t think it was unusual to hold the meeting outside of Town Hall.

Gabrielsen said Walter told him the town agreed to meet in Johannesen’s office in an effort to accommodate the lawyer’s schedule. “He said that was a pretty commonplace occurrence,” Gabrielsen said.

Gabrielsen said he expects the town attorney office to report his findings to the Town Board. If any improprieties are found, the councilman said, various disciplinary actions could be recommended.

“If any town employee is conducting private business on town time, on town property, using town equipment, there should be disciplinary action,” Gabrielsen said. “That’s just wrong.”