The former Department of Transportation engineer who claims he faced disciplinary charges after speaking without permission to the press had a pattern of misusing state equipment, conducting personal business on state time and engaged in an “intimate” relationship with a fellow employee, according to a March 2011 letter obtained by Capital Tonight.

In the letter to Michael Fayette from Amelia Dilella of the agency’s employee relations bureau, Fayette is charged with accessing personal websites during work time, exchanging “sexually explicit e-mails with a subordinate employee” and misusing his department vehicle.

Fayette also engaged in a relationship with a subordinate worker at the DOT from September through November 2010 without notifying his superiors.

The letter says the DOT intended to terminate Fayette’s employment with the state for the misconduct, but that he may go through a disciplinary process.

Jim Odato earlier today posted a letter to Fayette that outlined a different charge: He did not receive permission to discuss the state’s handling of storm Irene before speaking to local press. Fayette spoke glowingly of the state’s handling of the response.

That letter was highlighted in The Adirdonack Daily Enterprise’s story after Fayette retired rather than face disciplinary charges for speaking without permission.

Earlier this morning, State Operations Director Howard Glaser told Fred Dicker that it’s not a policy of the administration to seek termination for employees who speak to the media without checking.

Doc 00120130221111541 by Nick Reisman