City of Kingston

City Hall - 420 Broadway

Kingston, New York 12401
(845) 334-3915
_____________________

Common Council
James L. Noble
President

Matt Dunn
Majority Leader
Ward 1 Alderman

June 24, 2015

James L. Noble
Common Council President
City of Kingston
420 Broadway
Kingston, New York 12401
Re: Chris Rea Litigation
Dear President Noble:
I respectfully request referral to the appropriate committee, or to the special Finance meeting that
will occur before Caucus, the following issues:
1) the City pay Mr. Rea his salary and benefits in accordance with Judge Zwacks June 15,
2015 decision;
2) the City not file or withdraw its appeal of Judge Zwacks decision;
3) the pay Mr. Rea his salary and benefits from the time he was fired to present;
4) reinstate Mr. Rea to his prior position;
5) vacating Mayor Gallos October 14, 2014 disciplinary decision, and
6) in return for the City reinstating Mr. Rea, paying his salary and benefits from the time he
was terminated, and vacating the disciplinary decision, Mr. Rea waive any other claims
he may have against the City.
I also request a full accounting the costs associated with the Rea matter. This issue is especially
urgent since Judge Zwack ordered the City to pay Mr. Rea within 30 days.
The City spent valuable staff resources and money to discipline and eventually terminate Mr.
Rea because he was accused of keeping pornography on a work computer, charging the city for
days he did not work, and failing to adequately safeguard the lives of his subordinates. Some of
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those costs and resources included: use of outside counsel to prosecute Mr. Rea for 56
allegations of misconduct; Corporation Counsels time to appeal court decisions; time spent
addressing multiple procedural issues; costs associated for City selected hearing officer; Mayors
Gallos time to write a 26 page decision terminating Mr. Rea; and the costs to defend the lawsuit
filed by Mr. Rea on November 21, 2014. We now know that at a minimum the City owes Mr.
Rea $219,227.23. If we continue with an appeal, interest will accrue at the rate of 9%. 1 We also
know that it will cost even more money to defend the pending lawsuit and any other lawsuits
filed by Mr. Rea.
In some cases we certainly should defend a lawsuit to its end, but not in this case. We cannot
successfully litigate claims when we continuously lose and our credibility is undermined. As a
result of the Hearing Officers and Judge Zwacks findings we have placed ourselves at a
litigation disadvantage, lost credibility, and failed to adequately defend our allegations. We lost
when the Hearing Officer recommended dismissal all of the charges against Mr. Rea. As the
Hearing Officer stated:
The undersigned has determined that by Substantial and Convincing evidence, that
the City has not met the required burden of proof and recommends that the Charges
preferred against Respondent herein are to be dismissed in their entirety.
It has been well established in this record that Mutual Mistake exists in the
contract between the City and Respondent. There was no intention by either the
former City Mayor Sottile who represented the City in negotiations for this contract,
and Respondent to exclude the provision that Mr. Rea is entitled to the benefits of
the KPFFA contract. The testimony of both former Mayor Sottile and Respondent is
unrefuted and has convinced the undersigned that the negotiated agreement clearly
intended to continue all terms of the previous agreement(s) including 2009 with the
only change being the addition of 2 vacation days.
Accordingly, the Charges and Specifications preferred by the City of Kingston
against Respondent Christopher Rea are untimely and/or without merit. The
undersigned recommends that the appointing authority dismiss/withdraw all
Charges and Specifications against Mr. Rea.
While the authority of the undersigned is to render a recommendation and opinion,
it is strongly recommended that Mr. Rea be made whole in all respects for all losses
incurred as a result of these Charges and Specifications and that his good name
should be cleared of any wrongdoing.

Attached to this letter are articles regarding this matter, Judge Zwacks June 15, 2015 amended
decision, the Hearing Officers July 18, 2014 recommendation, and an October 17, 2013
memorandum and order from the Supreme Court, Appellate Division, Third Judicial Department.
Also, here is a link to Mayor Gallos termination decision, along with the recent lawsuit filed by
Mr. Rea.
https://www.scribd.com/fullscreen/249071059?access_key=keyOmzg9VtRyzJp7ppHcvGQ&allow_share=true&escape=false&show_recommendations=false&v
iew_mode=scroll
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Hearing Officer Opinion and Recommendation, p 50. We lost when Judge Zwack ordered the
City to pay Mr. Rea $219,227.23 in salary and benefits. We lost the benefits of an employee
spending time working on behalf of the City but instead we chose to pay him stay home.
Part of the reason we lost is because we failed to put forth evidence to prove our claims. The
Hearing Officer stated:
The City did not call Mayor Gallo or anyone else to explain how it came to be that
KPFFA clause was omitted from the final agreement (Respondent Brief P-10).
The City put in no proof of any kind to dispute the facts surrounding Respondents
employment agreement and declined to call Shane Gallo as a witness to explain
while he did vis-a-vis the removal of the clause from the final document even
though it was intended by the parties that the clause be continued.
Hearing Officer Opinion and Recommendation, p 31. While we could have rebutted Mayor
Sottiles and Mr. Reas testimony, inexplicably, we chose not to. Similar to our failure to provide
evidence during the disciplinary hearing, the City failed to put forth any evidence to establish
that the City was entitled to credits. Judge Zwack stated:
Here, the Court notes that at no time prior to the scheduling of the instant hearing
did respondent move for discovery (CPLR 408) or request or attempt any form of
disclosure.
Supreme Court Decision/Order, p. 4 (June 15, 2015). Judge Zwack then made the point to
severely criticize the Citys litigation tactics.
Remarkably, respondents offered no witnesses or proof to support its argument that
petitioner was responsible for the delay in the service of the disciplinary charges, a
position it has so vociferously argued since the commencement of the proceedings.
Respondent argues that the Mayor, the City Clerk, and the County Executive were
all led to believe by petitioners legal tactics that he would be the one to ask for a
hearing on the disciplinary charges. Notably, none of these individuals were called
to testify and explain the basis for their understanding or their reliance on
petitioners action or inaction.
Supreme Court Decision/Order, p. 5 (June 15, 2015). Its odd that we represented that the Mayor,
the City Clerk, and the County Executive were witnesses to our defenses, but then we didnt call
them to testify. Further, even the District Attorney refused Mayor Gallos request to prosecute
Mr. Rea. Presumably the District Attorney, like the Hearing Officer, believed the City lacked the
evidence to prove any criminal conduct.
Mr. Rea, and his family, has suffered as a result of the Citys actions. The toll on his life has
been tremendous.
Today, Rea says he is in serious debt, there are never-before-felt tensions between
him and is daughter, his notoriety has forced him, at times, into seclusion
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Rea said the couple did not celebrate his 5Oth birthday in any significant way. They
didnt celebrate their 25th anniversary either. He said the couple just couldnt afford
either.
I worked 25 years to build up a reputation and false accusations knocked me out,
said Rea, who added that he is on a mission to completely render those claims
untrue and politically motivated.
Daily Freeman January 18, 2015 Article. The accusations were severe for someone with 25 years
of dedication to the City, an unblemished record, and worthy of being appointed Chief of the Fire
department.
Throughout the life of this dispute, the City has mistreated Mr. Rea. According to the Civil
Service Law the City was required to pay Mr. Rea while he was suspended, but we didnt.
Further, according to the Daily Freeman, Mr. Rea found out about his suspension through Mayor
Gallos press conference.
Rea said he had thought everything was ironed out, given earlier examinations by
City Comptroller John Tuey of records Rea willingly supplied.
A short time later, Gallo held a press conference announcing Reas suspension for
time in attendance problems, among other things. Rea said his lawyer was not
available to meet him and Gallo.
So Rea found out about his suspension by watching a live-stream broadcast of the
press conference on the Daily Freeman website.
Daily Freeman January 18, 2015 Article. Further, the serious accusations of keeping
pornography on a work computer, charging the city for days he did not work, and failing to
adequately safeguard the lives of his subordinates were unfounded. This is no way to treat a
veteran City employee.
Based on the Court decisions, the City taxpayers obligation to pay Mr. Rea in excess of
$219,000, the City appointed Hearing Officers findings and recommendations, the District
Attorneys decision not to prosecute, and the personal turmoil Mr. Rea has experienced, its time
for the Common Council to resolve this litigation. We can continue to fight this, spend more time
and money on litigation, drive up tax payers financial obligation, continue to deny Mr. Rea his
back pay, and force a valued City employee to suffer further public humiliation. However, by all
accounts Mr. Rea has been wronged. Its time for us to stop being complacent in the accruing of
liability and costs to the City taxpayers, and pass a resolution requiring the following:
1) pay Mr. Rea his salary and benefits in accordance with Judge Zwacks June 15, 2015
decision;
2) not file or withdraw the Citys appeal of Judge Zwacks decision;
3) pay Mr. Rea his salary and benefits from the time he was fired to present;
4) reinstate Mr. Rea to his prior position;
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5) vacate Mayor Gallos October 14, 2014 disciplinary decision; and

6) in return for Mr. Reas reinstatement, payment of his salary and benefits from the time he
was terminated, and vacating the disciplinary decision, Mr. Rea waive any other claims
he may have against the City.
As recommended by the Hearing Officer, lets make Mr. Rea whole in all respects for all losses
incurred and clear his good name of any wrongdoing.

Respectfully submitted,

Matt Dunn