Suffolk County Legislator Indicted On Perjury, Ethics Charges: DA

SUFFOLK COUNTY, NY — Suffolk County Legislator Rudolph Sunderman, 49, of Mastic, was indicted Tuesday on charges of perjury, ethics violations, and other offenses in connection with an independent investigation by the Suffolk County Board of Ethics, said Suffolk County District Attorney Tim Sini.

Sunderman was charged with five counts of first degree perjury, a felony; second degree offering a false instrument for filing, a misdemeanor; violation of the prohibition on dual office-holding under Suffolk County code, a misdemeanor; violation of the prohibition against conflicts of interest under general municipal law, a misdemeanor; and intentional failure to file an accurate financial disclosure statement under Suffolk County code, a misdemeanor, Sini said.

Sunderman has served as a Suffolk County Legislator since January, 2018 and represents Suffolk County’s Third Legislative District.

“This was a violation of the very laws that Legislator Sunderman has sworn to uphold,” Sini said. “These laws are in place to prevent potential conflicts of interest for lawmakers, prevent corruption and protect the integrity of ethics investigations. We investigated this case carefully, comprehensively and objectively, we presented the evidence to a grand jury of Mr. Sunderman’s peers, and the grand jury voted to indict Mr. Sunderman.”

Prior to his election to the Suffolk County Legislature in November 2017, Sunderman was employed as the district manager for the Centereach Fire District, earning approximately $175,000 a year, and as the district secretary for the Center Moriches Fire District, earning approximately $20,000 a year, Sini said.

On Dec. 6, 2017, Sunderman received an opinion from the Suffolk County Board of Ethics that continuing to serve in these roles while serving as a legislator would constitute a violation of the Suffolk County Code’s prohibition on dual office-holding, Sini said.

Sunderman resigned from his position with the Center Moriches Fire District, Sini said.

Sunderman is alleged to have attempted to circumvent that ruling by creating a shell company in his wife’s name, Now That’s Fire Management, Inc., and arranging for the Centereach Board of Fire Commissioners to hire him through that company for $10,000 per month, Sini said.

Between Jan. 2, 2018 and June 30, 2018, despite the Board of Ethics’ determination, Sunderman allegedly continued to perform the duties of a district manager for the Centereach Fire District, including personally signing more than 600 vouchers and other official documents as district manager for the Centereach Fire District, Sini said.

Vouchers and purchase orders that Sunderman signed as “DM” or “District Manager” included those that authorized $60,000 in payments to Now That’s Fire Management, which is a violation of state municipal law regarding conflicts of interest, Sini said.

Sunderman responded to the charges Tuesday: "You may have heard that this morning I was brought up on charges. You have all seen my hard work, dedication and passion for the community. These allegations are not true and are nothing but a political attack on my career," he said. "I will continue to serve my community both as a legislator and as a fire chief 24/7 because it is what I believed in when I started as a public servant and it is what I continue to believe in. I am demanding an immediate and speedy trial to fully clear my name. I am innocent of all of these charges and I will fight them vigorously. I will continue to do what the people have elected me to do: fight every day for my community. Now I’m heading to the legislative meeting to conduct the business of the 3rd legislative district."

“Mr. Sunderman was personally put on notice: the Ethics Board told him specifically not to engage in this employment,” Sini said. “Not only did he continue his work with the Centereach Fire District, but, while doing so, he personally authorized $60,000 in payments to the shell corporation that he had created in his wife’s name," Sini said.

Following receipt of a complaint, the Suffolk County Board of Ethics began an investigation into Sunderman’s employment with the Centereach Fire District; on Oct. 29, 2018, during a deposition in connection with the investigation, Sunderman allegedly perjured himself on numerous occasions, including denying that he received any income from his continued work for the Centereach Fire District, Sini said.

Bank records obtained by the Suffolk County District Attorney’s Office showed that Sunderman was a signatory on Now That’s Fire Management’s corporate bank account, that the account was used for Sunderman’s personal expenses, and that Sunderman had personally engaged in more than 100 transactions and spent thousands of dollars using a debit card issued to him on that bank account, Sini said.

Sunderman also allegedly denied under oath managing fire district staff members after January 2018; however, evidence developed over the course of the investigation showed that Sunderman continued to manage employees and represent himself as “District Manager” until he resigned from the position in June 2018, after the Board of Ethics began to investigate his conduct, Sini said.

On April 23, 2019, Sunderman allegedly intentionally failed to disclose his outside employment and income as well as his wife’s income from the Centereach Fire Department on a financial disclosure form filed with the Suffolk County Board of Ethics for the 2018 reporting year, Sini said.

“I would like to thank the Suffolk County Board of Ethics as well as the investigators in my office for their thorough investigation of this matter,” Sini said.

Sunderman was arraigned on the indictment Tuesday in front of Suffolk County Court Judge Anthony Senft Jr. and was released on his own recognizance; he is due back in court on August 13, Sini said.

If convicted of the top count, Sunderman faces a maximum sentence of two and one-third to seven years in prison.

The case is being prosecuted by Assistant District Attorney Marc Lindemann, Acting Bureau Chief of the Public Integrity Bureau.

Suffolk County Republican Party Chairman Jesse Garcia's spoke out on what he called "politically motivated" charges: "I am shocked that these baseless charges have been brought against a man, who for more than 32 years, has voluntarily run into fires to save the lives, homes and businesses of neighbors he does not even know," he said. "Rudy is a hero first responder who has always put the needs of others ahead of his own. I am confident that Rudy Sunderman, a three-time volunteer firefighter of the year, will be exonerated and found innocent. Rudy is so confident in his innocence of these political attacks that he has demanded a speedy and immediate trial, which should and must be granted."

And, Garcia added: "Despite these baseless political attacks, Rudy will continue to fight to make the lives better for Suffolk families as our county legislator, and serve as a first responder as he has for the past three decades."