2 Suffolk correction officers accused of making false claims to garner benefits under Family Medical Leave Act

Two correction officers with the Suffolk County Sheriff’s office have been charged with “multiple counts” of first-degree falsifying business records and official misconduct for allegedly making false claims to take leave under the Family Medical Leave Act, Suffolk District Attorney Raymond A. Tierney announced Thursday.

The officers, identified as Tyler J. Grauer, 34, of Blue Point, and Cheri Burke, 53, of Smithtown, each claimed they took leave to care for “a close family member,” according to the district attorney’s office. An investigation determined neither officer was engaged in taking care of a sick relative, but “rather were engaged in other activities,” prosecutors said.

Both officers have been suspended without pay pending legal action, the sheriff's office said.

On the days Grauer took leave, investigators said he was in New York — while his sick relative was in Florida. On dates when Burke took leave, her sick relative was in North Carolina, while she was in New York or Colorado, prosecutors said.

Prosecutors said that allowed both officers to “wrongfully” receive benefits allotted by FMLA — while other officers were forced to work overtime to cover their shifts.

“The Family and Medical Leave Act is intended to help hard working families as they navigate difficult health situations,” Tierney said in a statement, adding: “The allegations here are that these defendants selfishly abused this law to gain extra time off from their jobs to the detriment of their colleagues and the public.”

Also in a statement, Suffolk Sheriff Errol D. Toulon said: “The Suffolk County Sheriff’s Office has no tolerance for people taking advantage of the system and swindling taxpayers. Family medical leave is designed for employees in need due to serious family illness, and those who attempt to scam us for their own benefit will be held accountable. Make no mistake, this is not typical behavior of the hardworking men and women of the Sheriff’s Office."

Both officers were arrested Thursday and charged with first-degree falsifying business records and official misconduct, officials said. Both were given a desk appearance ticket to appear in court for arraignment on a future date — Burke on Jan. 9 in Southampton Town Justice Court in Hampton Bays, and Grauer on Jan. 10 in Suffolk County First District Court in Central Islip.

Burke's attorney, John Ray, said she was not guilty of any crime

 and where she was located while she was caring for a sick relative was irrelevant.

"There's no requirement you have to be in the same geographic area to take care of a loved one who is sick," Ray said. "There's no crime here."

Grauer's attorney could not be immediately reached.

With John Asbury

By John Valenti

john.valenti@newsday.com

John Valenti, a reporter at Newsday since 1981, has been honored nationally by the Associated Press and Society of the Silurians for investigative, enterprise and breaking news reporting, as well as column writing, and is the author of “Swee'pea,” a book about former New York playground basketball star Lloyd Daniels. Valenti is featured in the Emmy Award-winning ESPN 30-for-30 film “Big Shot.”