Former assistant clerk alleged to have stolen nearly $4,000 from village

On August 9, 2023, State Comptroller Thomas P. DiNapoli, Chemung County District Attorney Weeden Wetmore and the New York State Police announced the arrest of Tammy Miele, former Assistant Clerk for the Village of Horseheads, for allegedly stealing nearly $4,000 from the Village.* The arrest was the result of a joint investigation between Comptroller DiNapoli’s Office, the Chemung County District Attorney’s Office, and the New York State Police.

“Ms. Miele allegedly used her position to defraud the Village of Horseheads for her personal gain** and altered Village records to cover her theft. My office’s investigation and our partnership with District Attorney Wetmore and the State Police have ensured that she will now be held accountable for her actions,” DiNapoli said. “I extend my thanks to District Attorney Wetmore and the State Police for helping my office combat public corruption through their continued partnership.”

New York State Police Acting Superintendent Steven A. Nigrelli said, “This arrest should serve as a reminder that those who choose to abuse their positions will be brought to justice. The arrest of this individual sends a strong message that we will not tolerate dishonest actions by those who use their position at the expense of the public. I thank the Comptroller’s Office and the Chemung County District Attorney’s Office for their commitment to investigating those who prey on the unsuspecting public for their own gain.”

Miele, 49, was charged with grand larceny and corrupting the government, both felonies.

She served as an assistant clerk for the Village from 2017 to 2022. During that time, she accepted cash payments for the Village, including accepting payments from multiple residents who wished to pay their water bills.

The joint investigation and forensic analysis revealed that Miele accepted residents’ cash payments but never deposited the cash into the Village’s bank account. Instead, she allegedly altered the Village’s accounting system to delete any balances owed by the taxpayer and pocketed the money. She is charged with stealing $3,548 from September of 2017 through September of 2022 through this scheme.

Additionally, the forensic analysis also determined that Miele paid her personal New York State Electric and Gas (NYSEG) bill with Village funds resulting in the Village paying over $450 of her bill.

Miele’s employment with the Village was terminated in September 2022.

Miele was arraigned before Judge Christopher Pelchar in the Village of Elmira Heights Court and is scheduled to appear again on September 6, 2023.

* N.B. The defendant is presumed innocent until proven guilty.

** As noted in previous NYPPL reports of such alleged acts of such misconduct, there is a term for such breaches of the public trust, "jobbery." Merriam-Webster defines jobbery as "the improper use of public office or conduct of public business for private gain".

 

What secrets can Artificial Intelligence [A.I.] pick up on by eavesdropping on an individual's typing?

Click here to READ MORE

Plaintiff's allegations of unlawful discrimination and retaliation dismissed

The United States District Court for the Southern District of New York dismissed Plaintiff's claims of age, race, and gender discrimination and retaliation within the meaning of the Age Discrimination in Employment Act, 29 U.S.C. §621 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e et seq., and the Civil Rights Act of 1866, 42 U.S.C. §1981.

Plaintiff appealed, contending that the district court had applied an incorrect legal standard to her retaliation claim and that it erroneously concluded that she had failed to demonstrate that her employer, the New York City Transit Authority's [Authority] race neutral explanations for not selecting her for two internal promotions were pretextual.

The Second Circuit of Appeals affirmed the judgment of the district court.

Initially the Circuit Court held that Plaintiff had not demonstrated that the Authority's explanations for her non-promotions were pretextual. 

Second, the Circuit Court opined "although the district court applied an incorrect standard to her retaliatory hostile work environment claim, Plaintiff had, nevertheless, failed to make out a prima facie case of retaliation and did not demonstrate that the Authority non-retaliatory explanations were pretextual"

Click HERE to access the text of the Second Circuit's decision posted on the Internet.