The proceedings in the lawsuit filed by former Head Coach against his former employer, the , are focusing on computer analysis and a restrictive employment clause.
On Thursday evening, Wagner was to turn over his personal computer for a forensics analysis. Wagner already provided two computer flash drives for evaluation of materials on them. The request for the computer analysis came from the Condors.
Former Condors President and team founder Robert Carlucci, who is named in the lawsuit, said Wagner went to the New City club office on April 8, searched for Outlook files and “found an archived Outlook file of mine.”
“He wound up downloading it,” said Carlucci, who explained he retired from the team three and a half years ago. “We have irrefutable proof.”
Wagner’s attorney, Donald Sapir of White Plains, said the analysis would determine if the emails on the computer were protected. He said the Condors Club computer required a password but once logged on, users had access to anything on the computer. Sapir said Wagner primarily used the computer but other swim club employees utilized it as well.
“It wasn’t safeguarded in any way,” said Sapir. “I don’t think the password was something that was all that confidential.”
Carlucci, whose insurance company operates out of the same office as the Condors, claimed the downloaded file contained company employee information, confidential employee health information and emails from the Clarkstown School Board of which he is a member.
Sapir said he has been in contact the school board’s attorney. Following its April 19 executive session, the school board voted in public session to direct its attorney to take action on a legal matter, which Board President Doug Katz said he could not specify. The board again went into executive session on Tuesday, April 24 so Kevin Grogan who had been absent from the April 19th meeting could be updated about what had been discussed.
“There were 10,000 emails,” stated Carlucci. “It took him at least 15 minutes to copy that file and he knew that wasn’t his.”
Carlucci said the incident occurred the day before Wagner was to have a review of his four-year contract with the swim team. After 30 years of being head coach, Carlucci retired when Wagner was hired. His son, J.P. Carlucci, is currently president of the team and was also named in the lawsuit. Wagner was fired on April 13.
A preliminary hearing on Tuesday dealt with a restrictive clause in Wagner’s contract that prohibited him from coaching swimming within 50 miles of the Condors’ office and in any of the New York and New Jersey counties where Condors’ members come from or the team does business.
“The application for the injunction was denied,” said Sapir. “The next step is the judge will hold a hearing on the preliminary injunction May 3. There’s no restriction on any coaching or instruction given by him.”
Wagner joined the New York Sharks as co-head coach. The announcement of his hiring came on April 17. Several families followed Wagner to that team and one provided an explanation for leaving the Condors.
“The real reason was I was so disgusted with how it was handled,” said the parent. “Nobody thought about the kids. The second reason, I knew it would become toxic at the Condors pool. I wanted Coach Wagner to coach my kids.”
Carlucci acknowledged families began asking about Wagner’s future with the team several weeks earlier and they were told they would be meeting after the winter season. Team families submitted a petition to the Carluccis with 160 names supporting Wagner.
“In February there were rumors already that the coach was going to be terminated or demoted,” said a parent.
Parents also asked the Carluccis for a meeting but according to one individual the request was not granted and the Carluccis refused to talk about it. Even though parents said Robert Carlucci’s name has appeared on swim meet documents within the past year, he said he retired in 2008 from coaching.
“I’m not the coach,” said Carlucci. “You can ask the kids. I’m never there. The reality is I’m not there anymore. I’m not coaching there.”