Former Depew DPW superintendent pleads guilty to misconduct

[gorja]

Former Depew DPW chief admits misconduct in equipment purchase

By Jane Kwiatkowski Radlich | Published June 22, 2018

Former Depew official Phillip Fleck, 48, pleaded guilty Friday in State Supreme Court to official misconduct in connection with the purchase of a backhoe from the Village of Depew.

Fleck, former superintendent for the Depew Department of Public Works, appeared before Erie County Court Judge Susan M. Eagan.

The equipment involved was a 1994 Cat Wheel Loader and a 1995 Autocar Dump Truck, said John J. Flynn, the Erie County district attorney.

The transaction occurred between Dec. 3, 2015 and Nov. 29, 2017, said Flynn. Fleck purchased the backhoe after earlier negotiating the deal, the district attorney said.

Fleck resigned from his position in November 2017. Fleck faces a maximum of one year in prison when he is sentenced at 9:30 a.m. Sept. 6.

Will Fleck be making employment rounds at the ECWA and Board of Elections as Charlie Markel did?

[WNYresident]

Anyone know what happened? What was the misconduct?

[gorja]

Anyone know what happened? What was the misconduct?

Wasn't that a Conflict of interest as a department head negotiating to purchase old village equipment for himself?

[gorja]

Wasn't that a Conflict of interest as a department head negotiating to purchase old village equipment for himself?

Buying for his own business and charging to the village. Nice guy

Here's the scoop from the Lancaster Bee -

According to McDonald, the village brought charges under Section 75 of the Civil Service Law against Fleck, for “violations of multiple village policies, including the ethics policy, the fraud prevention policy and the purchasing policy.”

In preparation for a court hearing, the village amended charges to include theft and fraud.

After investigations, the village suspected Fleck was charging for various services with his business, Services by Dan Q, and then billing the village for it.

“It wasn’t until the investigation was done that we found out two different sets of invoices, one [not redacted], one redacted,” said Mc- Donald.

“He used his own business to receive things and then bill them to the village, is what our investigation showed. It appeared to us that he changed documents by redacting any reference to his business before he turned them in to the village for payment.”

Initially intended to be a routine disciplinary practice, investigations took a more serious turn with what was being found.

“As things were looked into for the normal disciplinary practices, new things arose,” said Village Administrator Maureen Jerackas, referring to the redacted paperwork.

“These were our allegations, they were our charges. They were what we believed from our investigation. There was no hearing, so nothing has been proven; it’s just our beliefs and our allegations,” added McDonald.

Rather than go through with a potentially lengthy court proceeding, one in which Fleck would continue to be paid his salary and benefits under New York State law, the village reached a consent agreement with Fleck.

“Fleck elected to resign his employment in lieu of proceeding to a hearing on the charges. The village agreed to withdraw the then-pending charges,” said McDonald.

“As part of the agreement, the village also agreed to give Fleck a short period of severance payment. Fleck agreed to be barred from ever being employed by the Village of Depew again.”

New procedures put in place by Jerackas will prevent a similar situation from happening again, such as requiring bills to go to the clerk’s office directly, instead of DPW.

https://www.lancasterbee.com/news/20..._lieu_of_.html

[4248]

So he avoids prosecution , restitution and walks away laughing.

He collects a nice tax funded check besides (short period of severance payment).

This is why elected and appointed people do what they do - no true accountability - not even the smallest effort to repay the tax payers.

B.S.

[gorja]

So he avoids prosecution , restitution and walks away laughing.

He collects a nice tax funded check besides (short period of severance payment).

This is why elected and appointed people do what they do - no true accountability - not even the smallest effort to repay the tax payers.

B.S.

The maximum sentence is only one year in prison. I always felt that a person in a position of public trust should get double the punishment and definitely pay restitution.

[4248]

Hate to disagree - but - if you break down every thing that was done ! I believe it would expand greatly if examined honestly by a non bias agency. What we see here - and with others is the entire conspiracy and the number of laws broken get minimized and diluted. Its politics as usual -
The DA and others will bow out to the whims of the Town officials. That should not be the case - but when most of the palyers hail from the same home team (per say) - they tend to be less aggressive.

The system always protects itself -

#I have no personal grudge nor do I even know the person/persons involved. Not assigning guilt nor innocence's - strictly a opinion on the events discussed.

[gorja]

Hate to disagree - but - if you break down every thing that was done ! I believe it would expand greatly if examined honestly by a non bias agency. What we see here - and with others is the entire conspiracy and the number of laws broken get minimized and diluted. Its politics as usual -
The DA and others will bow out to the whims of the Town officials. That should not be the case - but when most of the palyers hail from the same home team (per say) - they tend to be less aggressive.

The system always protects itself -

#I have no personal grudge nor do I even know the person/persons involved. Not assigning guilt nor innocence's - strictly a opinion on the events discussed.

You are right, 4248. I have to learn to read a little better. Now, I see that the village withdrew the charges
regarding Fleck billing the village for items for his business, etc.

Anyone know, was there any uproar from the village residents regarding the deal made?

[cheekman]

Who is running this backward dept now? Fleck was an ass. The next one that needs to go is the PT building inspector what a political hack this guy has been over the years.