James Prudenti, a Park Ranger II and Sergeant in Charge of Firearms Training and Certification for the Suffolk County Department of Parks, was terminated on July 27, 2022, after abruptly leaving a meeting with his supervisor, Steve Laton, to seek union representation. The United Public Service Employees Union (UPSEU) filed an improper practice charge against the County of Suffolk, alleging violations of the Public Employees’ Fair Employment Act, claiming Prudenti was terminated in retaliation for asserting his right to union representation.
Prudenti had worked for the Parks Department since 2015 and was promoted to Sergeant in 2019. He maintained a good working relationship with his former supervisor, Dodd Amrhein, until Amrhein’s retirement in July 2022. Laton, who was promoted to Park Ranger IV (Director) in June 2022, began investigating Prudenti after receiving complaints from Park Ranger Paul Barbato about Prudenti’s conduct during a firearms recertification on June 27, 2022. Barbato alleged Prudenti rushed the certification process and later remained at the Firing Range to train members of the Suffolk County Auxiliary Police, a group Prudenti had previously been involved with. Laton also discovered Prudenti had altered his timesheet for that day, changing his recorded lunch break from 30 minutes to 2.5 hours. Prudenti later explained that such corrections were common and that his actual hours, entered into the Workday system, were accurate for payroll purposes.
Laton’s investigation included reviewing statements from Amrhein, Barbato, and another ranger, Leonard Barbera, as well as Prudenti’s personnel file. Amrhein defended Prudenti, stating the Auxiliary Police had permission to use the Firing Range and that Prudenti had not sought payment for the extra time. Amrhein also expressed frustration with Laton’s investigation, suggesting it was unwarranted. Despite this, Laton removed Prudenti as Lead Firearm Instructor on July 18, 2022, citing discrepancies in his conduct and the timesheet issue.
Tensions escalated when Prudenti criticized Barbato’s handling of a subsequent firearms qualification on July 20, 2022, and shared his disapproval with colleagues. Laton viewed this as disruptive and scheduled a meeting with Prudenti on July 27 to address his behavior. During the meeting, Laton questioned Prudenti about his comments regarding the July 20 qualification. Prudenti interrupted Laton and stood to leave, stating he would bring his union representative. Laton immediately terminated Prudenti, citing insubordination for leaving the meeting abruptly.
The New York PERB ALJ analyzed the case under its traditional three-prong test for retaliation. The ALJ found that Prudenti had engaged in protected activity by requesting union representation, and that Laton was aware of this request – satisfying the first two prongs of the test.
However, the ALJ concluded the UPSEU failed to prove the termination would not have occurred “but for” Prudenti’s protected activity. The ALJ emphasized that Prudenti’s insubordinate conduct — interrupting Laton and leaving the meeting — was the primary reason for his termination. While the timing of the termination (immediately after Prudenti mentioned the Union) was noted, the ALJ ruled timing alone was insufficient to establish retaliation, particularly given the pre-existing animosity between Laton and Prudenti. The ALJ also highlighted Prudenti’s disruptive behavior following the July 20 qualification as evidence of non-union-related motives for the termination.
The ALJ dismissed the charge, finding no violation of the Act.
County of Suffolk, 58 PERB ¶ 4514 (NY PERB 2025).