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Town Attorney Kevin Conway Says Gianatasio Was Under Year-Long Investigation & Failed To Disclose Business Interests
By Tina Traster
The Town of Clarkstown on Tuesday issued a written statement, which is posted on its official Facebook page, claiming the town engineer who was put on paid administrative leave had been under investigation since last year and that the Town Attorney has filed an ethics complaint with the town’s Ethics Board to investigate allegations of wrongdoing.
One resident said, “The simplest thing to do would be to explain the discrepancy.”
In response, the attorney representing Michael Gianatasio, Director of Engineering & Facilities Management for the Town of Clarkstown, said the town is lying.
“The town is lying,” said Robert M. Schechter of Tilem & Associates. “They have come after my client after he reported fraud, waste and abuse. We will seek justice for what looks like a cover up.”
Gianatasio told RCBJ that after he’d raised concerns over a requested payment from a town-hired contractor, he was put on paid administrative leave last week for pushing for answers from town officials about what he reported to be a “critical financial discrepancy.”
RCBJ examined emails Gianatasio sent to Clarkstown officials in which he outlined what he called “unsupported labor billing” by Siemens International Industry, Inc. for work performed at the Mark Woods playground at Zukor Park in New City. On May 29, Gianatasio wrote to Clarkstown Comptroller Sara DiGiacomo detailing an “unexplained, unsupported labor” discrepancy of $594,469,” adding that “a review of the certified payroll records on file by the Department of Engineering & Facilities Management revealed that Siemens Industry Inc. has billed and drawn the entirety of a project’s $680,320 labor budget, certifying the milestone as 100 percent complete.”
He further wrote “a direct review of the certified payroll records submitted for the Zukor Park…validates a total field labor cost of only $85,850. Consequently, there is an unexplained, unsupported labor variance that requires immediate contractor reconciliation.” Deputy Supervisor Al Moroni was copied on the email.
Following a protest before Clarkstown’s Town Board meeting on Tuesday, several residents during public comment raised concerns about the letter the Town Attorney issued on Facebook.
Clarkstown resident Gina DeFelice said, “The simplest thing to do would be to explain the discrepancy.”
No public official responded.
“Where did the money go?” said Amy Feigelbaum-Levitsky. “This is my money, it’s everyone’s money. Have you done an audit?”
Levitsky added, “I’ve watched this movie before,” referring to the controversial 2017 removal of former Police Chief Michael Sullivan for alleged misconduct charges, including insubordination over his failure to oversee an intelligence unit accused in lawsuits of illegal surveillance. “Here we go again. This Ethics Complaint doesn’t explain the missing invoices.”
The town’s statement issued by Town Attorney Kevin Conway, which bloggers who cover the county report as “news,” does not address the monetary discrepancy. Instead, they’ve mostly published the town’s press release which says: “Last year the town received a complaint from a Town vendor related to Mr. Gianatasio’s conduct. The town took the complaint seriously, which necessitated the launch of an extensive and lengthy internal investigation that began last year.”
RCBJ asked the town for proof of the complaint from the vendor as well as verification that the investigation began last year but did not receive a response from the town attorney.
“Everyone knows what this is,” said Schecter. “The town is trying to smear my client, to bloody him up. You can’t do this to people.”
Also, in the town’s official statement, Conway wrote: “The independent counsel also discovered approximately seventeen separate instances in which Mr. Gianatasio failed to properly disclose his personal business interests in violation of the Town’s Code of Ethics. The independent counsel also reported that Mr. Gianatasio has taken numerous actions as Town Engineer that would benefit C.A.C. Industries.”
The independent counsel, Michael Burke from Hodges, Walsh & Burke, who was present when Gianatasio was called into an ethics meeting last week with Conway, has alleged: “Mr. Gianatasio is registered as the ‘second qualifying agent for business’ for C.A.C. Industries Inc. in Florida and that the license location listed on Mr. Gianatasio’s Florida registration is C.A.C.’s New York address.”
RCBJ reviewed the records from Florida and confirmed that Gianatasio is listed as Certified General Contractor for CAC Industries. A second qualifying agent in Florida is a licensed contractor who shares responsibility with a company’s primary agent. While a primary agent is responsible for the entire company, a secondary agent is strictly responsible for the specific projects or divisions they actively supervise and pull permits for.
Gianatasio told RCBJ he had a relationship with CAC Industries of Florida at one point. “I was going to do business with them on future projects, but I don’t have any ownership interest in the company,” he said. “I’ve never received compensation from them. There was no agreement.”
Gianatasio told RCBJ he doesn’t have an active interest in companies he was once affiliated with. During the meeting with Conway and Burke, he was denied legal representation. He also said he asked to see the disclosure form, but the attorneys refused.
A municipal officer or employee is deemed to have an interest in any private organization when he or she, his or her spouse, or a member of his or her household is an owner, partner, member, director, officer, employee, or directly or indirectly owns or controls more than 5 percent of the organization’s outstanding stock, according to the Town’s Code of Ethics, Chapter 18. The Ethics Code is written in the present tense – and does not encompass former relationships or ownership status.
The Board of Ethics is chaired by Fr. William Cosgrove, the Pastor at St. Augustine Church in New City.
RCBJ asked the town to provide a list of the “17 companies” alluded to in the statement but did not receive any details. RCBJ also requested a copy of the complaint that was allegedly made by Siemens, but did not receive a response.
RCBJ asked, “What are the 17 companies Gianatasio had a stake in that he didn’t report. Please provide a list of the companies and the alleged stake that he had.”
In the town’s released statement, the attorney also wrote: “Mr. Gianatasio’s failure to disclose this financial relationship (With C.A.C.) and his repeated efforts to monetize his town position by benefiting his private business interest represent a grievous breach of the public’s trust and required immediate action by the Town Attorney. Any claims of impropriety made by Mr. Gianatasio involving other Town officials are baseless and were concocted only after he became aware of outside counsel’s investigation.”
But Gianatasio’s attorney balks at this characterization because he says his client was not aware he was under investigation until the July 6th meeting. Gianatasio previously told RCBJ that he was shocked to learn he was under investigation. “In fact, they changed the locks to my office before I even stepped into the attorney’s office.” He said Conway asked about companies Gianatasio no longer owned or had an interest in, companies that pre-dated his tenure at Clarkstown, that Gianatasio didn’t know needed to be disclosed, and disputed their relevancy.
In April 2024, the town board authorized $9 million for an Article 9 Energy Performance Contract (EPC) with Siemens to fund lighting, building improvements, and to build a new playground in Zukor Park, to honor the late Councilman Mark Woods. In July 2025, the town board passed a resolution reducing the original playground estimate from $2.8 million to $1.3 million, defining the project as “duly authorized energy-related playground improvements.”
Energy Performance Contracts are agreements between a municipal government and an Energy Service Company (ESCO). The ESCO designs and installs energy-saving upgrades—like LED lighting, HVAC modernization, or solar panels—with the cost of the project paid for in advance by the municipality. The savings are offset by future utility bill savings. Any shortfalls in savings over time are reimbursed by the ESCO.
Although the playground did not fit into the framework of an EPC, Gianatasio said Siemens offered to build the playground as part of the contract.
Eugene Bondar, a New City resident running for Town Supervisor, questioned why a playground project was included in the Article 9 Energy Performance requisitioning. “What does energy efficiency has to do with a playground?” he asked.
Gianatasio’s attorney Schechter said he’s in discussion with the Town Attorney and expects his client, who’s been put on administrative leave until August, “will be returning to work.”
“He didn’t do anything wrong and he’s looking forward to going back to work,” he said, adding but we are evaluating all options right now.”
