Westfield Public Works Cleared Of Time Theft​—​Again

WESTFIELD, NJ - It took several months and multiple investigatory agencies but there will be no charges stemming from the allegations of time theft from the Westfield Department of Public Works.

"The matter was investigated by an independent employment law firm earlier this year, which found no evidence of fraud. The issue was then referred to the Union County Prosecutor's Office by a resident claiming to have additional information. The UCPO conducted a subsequent investigation, with which the Town offered its full cooperation," Mayor Shelley Brindle said in a statement. "I am pleased to report that the UCPO recently advised that, after a full review of the facts and circumstances surrounding these allegations and conducting a thorough investigation, they found no evidence to warrant criminal charges or further pursuit of this matter, and they have closed their investigation."

Dressed in an "upstander" shirt and reading from a prepared statement, Westfield resident Greg Kasco stated to the Mayor and Council at a June that theft of time issues remained in the Department of Public Works, despite there being an independent investigation saying otherwise.

"Every single employee minus two admitted the infraction alleged. People signed in and out for others," Kasco said. "You can take the attitude that no crime has been committed, but you cannot sit back and say that the payroll work records at the Department of Public Works is accurate. You should each look into the fact that your paid investigator confirms the violation of your rules."

Kasco first brought the issue to the attention of officials in September of 2018, alleging theft of time by Department of Public Works employees. According to Westfield attorney Thomas Jardim an independent investigator was hired to look into the allegations.

"As you know the council has been provided a report and Mr. Kasko through an OPRA request has been provided a redacted version of that report," Jardim said, noting that there was no predetermined desire or outcome for the report there were no limitations to what the investigator could review. "And the report confirmed that there were some employees who clocked out other employees. But the report could not confirm in any factual basis that there was any theft of time."

According to those interviewed in the report, employees were punching out for colleagues in what they described as something done for "ease and efficiency." But it did not confirm that there was any theft of public time.

"What it did confirm though, was that there were people clocking others in and out. When Mr. (Jim) Gildea (Town Administrator) was informed of that he immediately communicated with the appropriate officials in that department and in addition to that he has discussion with the labor council and the members of the appropriate union," Jardim said. "It is disappointing conduct to have occurred. That is not acceptable conduct. I believe, and I know that administrator believes, that it will not happen again. But that is the only impropriety, if you will, that was confirmed. But there clearly was no finding and no factual basis to conclude that there was theft of time."

During Kasco's statement he took umbrage with what he believed was the investigator looking into the identity of the whistleblower and with Gildea's interpretation of the report.

"Each of you may want to ask yourselves why your town administrator takes a report that confirms the improprieties and tells you that it shows no wrong doings," Kasco said. "Wouldn't you prefer to be told the truth? Or would you prefer the press release that you are being fed?"

Jardim said he had difficulty understanding why someone would question the tenacity of the investigation.

"I have to tell you, I am a taxpayer of this town and I know you all are as well and I know Mr. Gildea is as well," Jardim said to the governing body. "And I don't understand why anybody would think that we wouldn't want to get to the bottom of theft of our tax dollars and of public funds."

Brindle said there was some good that came from the investigation as the investigators made some helpful suggestions regarding ways to improve some administrative processes.

"Ultimately these findings reinforce those of the previous independent investigation, and the Town now considers the issue fully investigated and closed." Brindle said.

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