Find Parks Worker Guilty Of Anti-Semitic Behavior

An Administrative Law Judge has recommended that the Parks Department terminate a Climber and Pruner after he was charged with participating in a Nazi skit in front of a Jewish co-worker, remarked that he would throw the co-worker and his mother in an oven, and displayed swastikas on his locker.

Chris Mullusky, who has worked at Parks since 1983, was found to have engaged in racist behavior by Administrative Law Judge John B. Spooner based on the testimony of a Jewish Park Worker.

Swastika 'A Good Symbol'

Alan Spitalnik, who was assigned to a chipper truck in Staten Island with Mr. Mullusky in 2008, testified that Mr. Mullusky allegedly placed swastikas on the outside of his locker, located in a common area shared by all staff. Mr. Mullusky claimed the swastika was a "good symbol," which he "loved," according to the decision.

On another occasion, Mr. Spitalnik bumped into Mr. Mullusky near a microwave oven before the accused Park Worker allegedly said he would like to put his Jewish co-worker and his family "in an oven," apparently a reference to the mass execution of Jews in concentration camps during World War II. Mr. Spitalnik accused Mr. Mullusky of repeating this racist remark when he "went on a rampage."

Although Mr. Mullusky was the only one charged in this case, Mr. Spitalnik alleges that several of his coworkers were involved in an ongoing campaign of anti-Semitism against him while he worked at the Parks Department. Mr. Mullusky and other members of his work crew arranged one particularly cruel prank in August 2008 when Charlie Eckonomokos told Mr. Spitalnik that on the way back to the yard a "German" would be visiting the facility.

Upon returning to the yard, Mr. Spitalnik's crewmembers locked themselves inside the kitchen. When he was asked to enter, he alleged he saw Mr. Eckonomokos wearing a mustache resembling Adolf Hitler's. Nick Johnson was allegedly wearing a motorcycle helmet with a swastika on it. Mr. Eckonomokos then goose-stepped around the room while doing a Nazi salute.

The scene enraged Mr. Spitalnik. He turned over a picnic table in the room and flung a chair across the floor. He later asked to be reassigned.

Mullusky: News to Him

Mr. Mullusky denied the entirety of Mr. Spitalnik's accusations. He said he "came to learn" of the oven comment made by another co-worker. He "insisted he knew nothing about the skit described by Mr. Spitalnik and only heard about it the following day from other employees, who said that Mr. Spitalnik was 'going crazy.' "

Judge Spooner said his decision was difficult because there was not a lot of hard evidence on either side. "The contradictory testimony of Mr. Spitalnik and [Mr. Mullusky] as to the Nazi skit and the other anti-Semitic actions left no doubt that one of them was lying—either Mr. Spitalnik concocted his account of these incidents or respondent was falsely denying his participation," he wrote in his decision. "I found Mr. Spitalnik's version more credible for a number of reasons."

Mr. Mullusky's account was suspiciously spare, the Judge found. He "denied all of the allegations, yet offered no reason or even theories as to why Mr. Spitalnik would falsely accuse him of hate-laced remarks."

Judge Spooner noted that since 1983 Mr. Mullusky had received "very good" evaluations from Supervisors. "On the one hand, [his] 26 years of city service provides some grounds for mitigation," he wrote. "On the other hand, his prior penalties, particularly the 25-day penalty in 2005, suggest that an enhanced penalty is called for in the instant case." He was referring to discipline imposed after Mr. Mullusky was found to be intoxicated on the job.

Parks Commissioner Adrian Benepe has the final say in this disciplinary matter.