Controversy remains over Recycling Center confrontation: Investigation complete; employees don’t buy conclusions

An investigation into an Oct. 19 incident at the Recycling Center involving a town councilman and three Highway Department employees has been completed.

The investigator, Jeffrey D. Smith, an attorney with offices on Long Island and Florida, recommends a formal apology by the councilman, Jim Colligan, and that he no longer be a liaison from the Town Board to the Highway Department.

The incident involved large Trump-Pence flags on the employees’ private vehicles parked at the Recycling Center and a dispute sparked by Mr. Colligan’s opinion about the flags being displayed.

Ron Jernick, Wesley Congdon and Zachary Starzee told the investigator that Mr. Colligan demanded they take down the flags, used profanity, and said “not to expect any favors” from him in the future.

Since the incident occurred, there has been no demand from anyone that political flags or signs be taken down.

The employees and their union, the Highway Department Benevolent Association, claimed violations of their rights of free speech, harassment, the creation of a hostile work environment and demanded Mr. Colligan’s resignation. The investigator said those claims were not valid.

In his interview with the investigator, Mr. Colligan said he didn’t use the profanity attributed to him — except for a common, vulgar term meaning untruths — and he made no demands that signs be taken down nor any threats.

The investigator stated that “though there are discrepancies between the testimonies of the parties, I found them all credible. The discrepancies in recounting the events of the day have possibly arisen out of normal differences in recollection or as an attempt to enhance a claim or minimize one’s responsibility. In any event, the discrepancies are not material in determining a final outcome.”

Mr. Smith also noted that there was no “history of discord between the employees and their union versus Mr. Colligan.” He went on to state that Mr. Colligan has always been considered an advocate for the employees of the Highway Department. “I am unable to explain why the union and the employees insist on the resignation of Councilman Colligan as the only possible resolution,” the report states.

The investigator concluded that, “The interaction between Councilman Colligan and the three employees on October 19, 2020 was inappropriate and should not have occurred … Councilman Colligan has admitted his responsibility in creating the situation and is remorseful it occurred.”

But the town employees have rejected the findings and are still calling for Mr. Colligan’s resignation from the Town Board.

Ray Congdon, president of the employees’ union, told the Reporter this week that Mr. Colligan had misrepresented the facts to the investigator. Mr. Congdon, emphasizing he wasn’t speaking for the union as a whole, but only the employees involved, said that Mr. Colligan “lied. He lied to the investigator about what he said, which skewed the report so whatever disciplinary measures would come up would be the lesser for him.”

Mr. Congdon said the reason he was only speaking for himself and the three employees involved is because there hasn’t been a union meeting yet to discuss the investigator’s report.

Mr. Colligan wholeheartedly rejects the charge of misrepresenting the facts. “Obviously, Ray Congdon was not present on the day of incident,” he told the Reporter this week. “I totally stand by my account of what was said on that day.”

The councilman added that he wouldn’t “debate” Mr. Congdon.

“He chose to demand my resignation,” Mr. Colligan said.”I have fully accepted my responsibility in the incident and apologized. He never brought this incident to his membership — why? There is no way that I ever directed anyone to take the flags down or used any profanity.”

Mr. Congdon said he was disappointed with the Town Board members. “It’s a shame that not one of the other board members have had any reaction about him abusing his power,” he said. “Do they approve of his actions? Not saying something is really saying something.”

The union leader said that at least one of the employees is contemplating suing the town and Mr. Colligan for the violation of his rights and “abuse of power.”