NEWS

Ramapo teacher pay hikes not a conspiracy, prosecutors say

Steve Lieberman

Rockland prosecutors moved Wednesday to revise their 187-count indictment against a former Ramapo Central School District administrator, after determining he didn't conspire with teachers to raise their pay.

Brian Miele is accused of falsifying educational credits.

Prosecutors originally charged that Brian Miele acted individually and in concert with others to boost the pay of teachers.

But after interviewing more than 70 teachers and staff members, prosecutor Gary Lee Heavner said in Rockland County Court that no one conspired with Miele and the retired administrator acted alone in making pay decisions that cost taxpayers close to $2.6 million.

Miele was accused in March 2011 of doctoring records on teachers' education and professional development credits that qualified them for higher pay.

Miele, the district's former assistant superintendent for human resources, was responsible for assigning instructors to courses for which they were legally certified to teach. He also was responsible for checking credentials and certification.

Heavner told state Supreme Court Justice William Kelly that his latest trial theory is "Mr. Miele acted alone to steal a couple of million of dollars."

The prosecutor's about-face incensed Miele's attorney, Gerard Damiani, who claimed the case was misguided because there was no criminal intent.

Damiani said Heavner's admission represents another part of an ill-conceived prosecution of the former Rockland legislator and Hillburn mayor.

Damiani said he found it disconcerting that the Rockland District Attorney's Office would first indict Miele and then look to build a case by interviewing teachers and staff.

Damiani said he would again consider asking Kelly to dismiss the indictment and complained that Heavner never provided him with transcripts of the witness interviews.

"This is a contract case," Damiani said. "If in fact they are not entitled to the raises, that's because of the interpretation of the collective bargaining agreement. Miele has interpreted the contract that way for 20 years."

Miele's indictment in September came 2 ½ years after prosecutors accused him of wrongdoing. He faces a maximum of 25 years in state prison.

Heavner said Miele allowed uncertified teachers in the classroom while raising their pay.

Miele's wife and daughter were among the teachers who got salary boosts. His daughter, Kristin-Leigh Nicholson, a second-grade teacher at Cherry Lane Elementary School, saw her salary go from $90,604 in 2008 to $99,949 in 2009 to $105,359 in 2010. No charges have been filed against her.

Heavner said he filed a motion to revise 184 counts of the indictment. The case is due back in court Friday morning.

Brian Miele faces the following counts, all felonies:

• 2 counts of first-degree grand larceny.

• 10 counts of second-degree grand larceny.

• 76 counts of third-degree grand larceny.

• 7 counts of fourth-degree grand larceny.

• 87 counts of first-degree falsifying business records.

• 5 counts of first-degree offering a false instrument for filing.