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responsible for designating whether a Form 1099 should be issued
for various payments by the College. Ms. Grega noticed that the
payments Mr. Marzullo received had not been designated as requiring
issuance of a Form 1099. She met with the business office manager
and the person responsible for payroll to discuss the matter.
Shortly after the meeting, Mr. Marzullo telephoned Ms. Grega and
asked why she was inquiring about the payments. Ms. Grega
testified:
It seemed fairly obvious why I was doing it; I mean,
those were the procedures that we had to follow. I
explained again what I was trying to do and asked him if
there was anyone at the college who met these criteria
such that something should be reported for them, and he
said, no, I should not worry about that, that there were
no other benefits, no fringe benefits, no other
compensation to report. * * * He seemed upset with me.
Mr. Marzullo was Ms. Grega's supervisor. She issued the
College's tax information to the IRS for 1988 and certified its
accuracy, as he instructed her to do. She was concerned, however,
about the omission of the payments to Mr. Marzullo, and in this
regard, spoke with Ms. Carapico, the College's staff accountant, in
March 1989. Ms. Carapico believed the payments should be reported
to the IRS. Ms. Grega and Ms. Carapico then took the matter up
with Sister Feeley.
Sister Feeley instructed Mr. Marzullo to terminate the
bifurcated salary arrangement in 1986 because no other employee was
being paid in that manner. Moreover, another chief officer had
just been hired, and Sister Feeley wanted both Mr. Marzullo and the
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