Report released on Recycling Center confrontation between councilman and employees

An investigation called for by the Town Board by outside counsel attorney Jeffrey D. Smith, into a confrontation between Councilman Jim Colligan and three Highway Department employees, has been completed and a report released by the Town Board.

The employees had said that on a visit to the Recycling Center on Oct. 19, Mr. Colligan took exception to political flags supporting President Trump on town employees’ private vehicles parked at the Center.

When Mr. Colligan insisted they remove the flags, the department employees accused him of trying to infringe on their 1st Amendment right of free speech, the employees said, as well as creating a hostile work environment.

They also accused Mr. Colligan of being rude and profane, and making a threat that, if the flags were not taken down, “Don’t expect any more favors from me.”

Mr. Colligan is the Town Board’s liaison to the Highway Department.

The councilman told the investigator that, “He has no recollection of saying anything about not doing any more favors.”

One of the employees told the investigator that about 10 days after the incident Mr. Colligan was at the Recycling Center again and addressed an employee saying, “It wasn’t right for me to have said what I said the other day. I am older and should have known better. I understand you’ll have to do whatever you have to do.”

The union representing the employees, the Highway Benevolent Association, has called for Mr. Colligan’s resignation.

The recommendations by the outside counsel are:

• “Councilman Colligan should not be asked to resign or be otherwise disciplined for the events that occurred on October 19, 2020. Removal from the Town Board would constitute a penalty disproportionate to the offense.”

• “A letter of apology should be prepared by Councilman Colligan and sent to each of the three employees individually. Before transmittal, that letter should be reviewed by the Town Attorney and outside Counsel.”

• “Copies of that letter should be sent to the union and the Town Board.

• Councilman Colligan should not remain as the liaison to the Highway Department. He should not participate, directly, in any future collective bargaining between the Town of Shelter Island and the Highway Benevolent Association.”

• “If the Town Board wishes to enact a policy limiting the display of political material at the workplace by employees and/or members of the Town Board, the feasibility of such a policy should be reviewed by the Town Attorney and outside counsel.”

The report also states: “Following the event of October 19, 2020 and up until the present time, none of the three employees have been instructed, by either their supervisor or by the Town Board or any of its members, to remove the flags from their trucks. They have not received any verbal or written instruction or directives to do so. The flags are still mounted on their personal trucks which are parked on Town property when the men are on duty.”

This is a developing story and the Reporter will have more in a subsequent print edition and on Reporter’s website.

Here’s the full report: https://shelterislandreporter.timesreview.com/wp-content/blogs.dir/5/files/2020/12/Highway-Complaint-Report-Smith-1.pdf