Elaine Rivera was hired by the Lloyd Town Board in October 2019 to help prepare the town’s 2020 budget and to assist in training new personnel. But things quickly soured after an incident report was filed with the town’s police department accusing her of unauthorized use of a computer.

The town forwarded the matter to the State Police. On August 25 Trooper Joseph Merla responded to a query from Rivera on, “how the complaint came about and how or why it targeted me.” Trooper Merla responded, “On my end the case will be closed by investigation….”

Rivera insists that she received permission from assistant bookkeeper Anne Desbiens to use her sign on to access town financial records and that the Town Board knew it. After COVID-19 hit in March, Rivera continued working from home, still using Desbiens sign in while advising, answering questions and reviewing information for the Town Board.

The board initially hired Rivera because a former Supervisor took ill, a bookkeeper resigned and Desbiens also eventually resigned. A new bookkeeper would not be hired until December 4, 2019.

Rivera said in May a difference of opinion arose with Councilwoman Claire Winslow who claimed that Rivera had an individual in mind for the position of a new Assistant to the Bookkeeper. Rivera also noted that Supervisor Fred Pizzuto cut off communication with her at this time but she continued to assist with bookkeeping matters, providing information to Councilmen Joe Mazzetti and Lenny Auchmoody.

Winslow pushed this matter further in an August 20 email to the Town Board.

“I would like a resolution to look into the illegal log in attempts under Ann’s [Desbiens] log in information...I am also sending a letter to the state comptroller requesting a full investigation as well.”

Winslow suggested that Police Chief James Janso send all of his information on the alleged fraudulent activity to the NYS Troopers. She concludes by writing, “This never should have happened and as a Councilwoman for the Town of Lloyd, I will not rest until the matter has been fully investigated. By not investigating anything, is not acceptable.”

Less than an hour later Winslow contacted her fellow board members again, saying that she was withdrawing her request for a resolution, reiterating that she would be contacting the office of the NYS Comptroller about the matter.

“More importantly, we need to set up internal controls so that this will not happen again,” she wrote.

Winslow makes no mention that Rivera was still a town employee and was allowed access to town records to advise on fiscal matters.

Rivera received a phone call on August 16 from Councilman Mazzetti saying that the town would like her assistance with the 2021 town budget. The following day Pizzuto visited Rivera at her home, bearing a potted plant as an apology. The two talked for several hours about the budget and he left with a to-do list containing Rivera’s budget suggestions.

Councilman Lenny Auchmoody acknowledged that Rivera is an employee of the town that allows her access to the town’s financial records. He said Winslow’s claim that a log-in was “illegal” and that “fraudulent” activity had taken place is not true.

When Rivera told him in a phone call what was transpiring, “I was on the verge of tears. It’s not fair. I told her that if you have to hire a lawyer, at a meeting I will make a motion that the town pay for your attorney because this never should have happened.”

Auchmoody said if Rivera sticks to her promise that she will not assist in the 2021 budget because of how she has been treated, “who is going to do the budget?”

Councilman Joe Mazzetti said after receiving Winslow’s email calling for an investigation, he wanted to have the true facts and for Winslow to disclose what information she had and from where it originated.

“I didn’t want to waste taxpayer’s money on a frivolous investigation until I had all the facts in front of me.” he said.

Mazzetti said he reminded Pizzuto that Rivera is still an employee of the town, that she is paid on a per diem basis and was doing a “stellar” job at training other employees while assisting in the budgetary process. Pizzuto agreed with Mazzetti’s assessment of the facts but claimed he did not know who had breached the town’s system when he was notified, nor did he sign the Incident Report that was filed with the Lloyd Police Department. The Incident Report only states, “As per Town Supervisor Fred Pizzuto, at this time blotter entry only. Nothing further.”

Mazzetti said, “I think it’s a sad day for the Town of Lloyd that you have a person who did 30 plus years of service that really loves her community that she resides and worked in. Not only is it appalling to make a false accusation against her but it’s also humiliating for her to accuse her of some wrong doing when in fact she was a town employee. Instead of finding all the facts or at least informing the board of what was going on so we could have discussed it further and voted on it; again it’s just a violation of following procedures and protocols.”

Pizzuto said much of this stems from the town still not having an IT policy in place even though they were told to establish one by the NYS Comptroller’s Office more than a year ago.

When asked if he categorized Winslow’s actions or comments as inappropriate when he spoke with Rivera on August 17, Pizzuto said that he could not recall, even though it was only 14 days ago.

Councilman Mike Guerriero said he became aware of the situation surrounding Rivera after it had already taken place. He received a phone call from Rivera, “who was very upset about it.” He said Rivera’s 35 + years of service to the town has been “honorable” and “outstanding, I would vouch for her any day.” He said, “I think the whole board should have been spoken to prior to this all happening so we could have moved forward in the proper way.”

When Guerriero reached out to Pizzuto about this incident, “He said I can’t really talk to you too much about it. Then I found out that he was the one who filed the complaint and he wasn’t telling me the truth. He said he didn’t sign anything but he pushed the investigation and then later on he kind of admitted that he did.”

Winslow said she was told that Rivera was logging in under Desbiens information and “I asked for an investigation because that’s illegal.” She quickly revised her statement, saying that she “surmised” that it might be Rivera, “but I still don’t know what the police have said, so I am waiting for the police report to know that it was actually Elaine that the IP address went to her house...My biggest concern is if that was happening it makes me realize that we need to set up really good controls. There has to be an exit strategy and better protocols because I don’t believe anyone should access anyone else’s information. That, to me, is unethical.”