Waiting for a Puff of Smoke from the Board of Ethics

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WPCNR BACKROOM BULLETIN. News & Comment By John F.Bailey. January 22, 2011: 


 


The City Board of Ethics apparently continues its review of  city Mayor Adam Bradley’s intercession on behalf of Walter C. Gabriele, owner of 19 Hall Avenue, to schedule a city meeting with Commissioners to discuss Mr. Gabriele’s purchase of property at the 19 Hall Avenue site.  Mr. Bradley lived in the 19 Hall Avenue location at the time.


 


Efforts by WPCNR to find out from City Hall and Mayor Bradley’s spokesperson, how  the eight-month investigation is going have so far not produced a “feel” for how close the Board of Ethics is to wrapping up the inquiry


 


Timing is critical. I’ll tell you why:


 





If a decision on whether the Mayor acted inappropriately in any aspect of the Gabriele matter is imminent,(and there is no indication that it is), the timing could be very timely for White Plains Mayoral possibilities like Benjamin Boykin,Tom Roach,(who would take over as Mayor until the Special election is held), and County Legislator Bill Ryan.


 


If the Board finds no misconduct or unethical behavior in the Gabriele matter, the investigation and its cost are moot.


 


If the Board decides the Mayor has committed an ethics breach in his dealings with Gabriele, AND that decision comes out in the next four weeks, the Common Council is handed a key weapon to remove the Mayor on a silver platter themselves through Section 30 of the City Charter.


 


They wouldn’t have to wait for Governor Andrew Cuomo.


 


Presently, the Council does not have that sixth vote (of Councilman Dennis Power), to remove the Mayor on the five convictions involving his wife.


 


Removal for Official Misconduct (that could be found by the Board of Ethics), neutralizes the embarrassment to the Common Council if the  Mayor’s appeal on the Attempted Assault Conviction and four other charges is eventually successful.


 


If the Official Misconduct is the grounds for dismissing, the domestic abuse matter is moot. The Mayor cannot sue the city for lost income, damages to reputation, or whatever.


 


The Board of Ethics is facing a very historic decision on this Gabriele matter.


 


Section 30 reads “The common council…may punish or expel a member for disorderly conduct…but no expulsion shall take place and no vacancy on account of absence be declared except by the vote of three-fourths(3/4) of all members of the council, or until the delinquent member has had an opportunity to be heard in his defense.”


 


The 6th vote of Councilman Dennis Power would have to be cast in favor of removing the Mayor. District Leader Zelle Andrews, a member of the City Democratic Party Nominating Committee has been reported by Ben Rubin in The Journal News  as saying Power should be denied an opportunity to run for reelection this fall if he does not swing his vote in line with his  other five Democratic Councilmen.


 


The timely combination of a Board of Ethics finding of a Mayoral ethical breach in the next 4 weeks and a Dennis Power vote change  would grease the skids allowing a swift ouster of the Mayor.


 


Such an ouster  would most likely be challenged in court, unless the Council furloughed him with pay, or one of the 42 District Leaders who called on the Mayor to step down, offered the Mayor a job, or Congesswoman Nita Lowey or Governor Andrew Cuomo offered the Mayor a job on a task force. The Mayor would probably challenge in court anyway.


 


If there is an ethics violation found by Feb 1 (or at the latest February 15) that finding could clear the way for the council to remove the Mayor under Section 30 of the Charter in the Feb 7 Common Council Meeting). They could give the Mayor his hearing in the week  of February 22 to 25, toss him, and declare the election in April.


 


Any Special Election for Mayor would have to be held in April because May 1 is six months before the next general election, which is November 1, (first Tuesday in November). If the toss is nade in May, the Special Election will be held in July.


 


Section 46-c of the White Plains City Charter, specifies that :


 


“If a vacancy shall occur in the officeof the Mayor, the Common Council shall initiate the proceedings available to it for the purpose of ordering a special election to be held witin 60 days of the occurrence of the (mayor’s) vacancy, unless such vacancy arises within six months of a general election…”


 


Of course, the Board of Ethics could decide well after February 15, that there has been an ethics violaton, and the Council could remove the Mayor in May giving Tom Roach, who would become interim Mayor, 5 months of incumbency to shore up his campaign for nomination to run in November, and prevent Boykin and Ryan from seizing the nomination.


 


An early decision for an ethics breach if that is the way the Board of Ethics is going to go,appears to favor candidates other than the interim Mayor (Roach), who would only  be Mayor for two months, instead of eight if the Board of Ethics decision is made within the next 4 weeks.


 


Of course, the judge sentencing Mr.Bradley could make this moot, by giving the Mayor jail time, which is unlikely, but you never know.


 


The timing of the Board of Ethicss finding is key—the way I figure it—they have to make it in favor of an ethics violation, in next month to call an election sometime in April, and the Council would be spared the downside risk of the appeal being overturned and the ousted Mayor suing the city.


 


 

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Move on Mayor Now? Or wait for Appeal(s) to Complete?

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WPCNR MR & MRS. & MS. WHITE PLAINS POLL. JANUARY 22, 2011:


The Common Council asked the Governor this week to act to remove its Mayor. The Democratic City Committee echoed the request by a  42-19-4 vote Tuesday evening. However Mayor Adam Bradley has vowed to appeal his conviction on attempted assault, Contempt, and three  charges of harassment against his wife.


If the Mayor is removed by the Common Councilby use of City Charter Section 30 (a possibility if the City Board of Ethics finds he acted inappropriately in setting a meeting for a property owner who became his(Bradley’s) landlord last June), or if the Governor removes him, the city may leave itself open for substantial monetary damages if Bradley’s appeal, or possible further appeal is successful.


Should the city and Governor wait launch? Or act  now to remove the Mayor, despite possible future liability? It should noted the governor may launch the state’s own investigation in determining whether to remove the Mayor. Vote in the poll at the right.

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COUNTY SALUTES THE UNDEFEATED STEPINAC CRUSADERS

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WPCNR PRESS BOX. From Archbishop Stepinac High School January 22, 2011:


 



 


Westchester County Executive Robert P. Astorino recently congratulated members of Archbishop Stepinac High School’s Crusaders football team for their 2010 undefeated, 12-0 championship season, a first in the school’s history.  They won both the Catholic High School League AA League title and the annual Turkey Bowl game against White Plains High School. Astorino presented the Crusaders with a proclamation, noting the achievement “brings pride not only to Stepinac but to all of Westchester County.” 



 


Left to right are Westchester Deputy County Executive Kevin J. Plunkett, a Stepinac alum (class of ’67); Stepinac quarterback Tyrell Goodman, named co-state player of the year by the NY State Sportswriters Association; Westchester County Executive Rob Astorino; NFL great Bob Hyland, also a Stepinac alum (class of ’63) and Coach Mike O’Donnell.


 


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Private Sector Employment Slightly Up,behind State and Nation.

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WPCNR Marketplace. From  Jonny Nelson,NYS Dept. of Labor. January 20, 2011:


Private sector employment in the Hudson Valley increased 2,700, or 0.4 percent, to 723,000 for the 12-month period ending December 2010.  Employment gains were greatest in leisure and hospitality (+1,700), educational and health services (+1,500), and professional and business services (+1,400).  Job losses were centered in trade, transportation and utilities (-1,200), manufacturing (-600), and natural resources, mining and construction (-500).  Government shed 4,000 jobs over the year.


 

For the first time since mid-2008, the region’s private sector job count grew over the year in December 2010.  This month’s turnaround was broad-based, with a number of sectors adding jobs.  While this economic rebound is good news for area jobseekers, the region’s rate of private sector growth (+0.4 percent) still lagged growth in the state (+1.0 percent) and nation (+1.2 percent).

 

 

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French American School of New York Closes on Ridgeway Country Club

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The French-American School of New York (FASNY) announced today it has completed its acquisition of the Ridgeway Country Club property in White Plains.


 


FASNY plans to consolidate many of its operations to the 128-acre property over a period of several years. Proposed plans include retrofitting the existing club buildings and adding several new buildings to create a low-density park-like campus.


 


The school also announced that it will hold an Open House for the White Plains community on Saturday, January 29 at the Ridgeway Country Club. The Open House, which will run from 10 am to 5 pm, will provide an opportunity for the community to learn more about the school and its future plans for the property.


 



 


FASNY’s plan for the property would preserve over 60 acres of the site as permanent and publicly accessible open space; restore and enhance the natural conditions of the site; and improve the existing stormwater and drainage conditions of the property. Less than five percent of the site will be covered by impervious surfaces. 


 


William V. Cuddy, Jr., executive vice president, and Budd Wiesenberg, vice president, of CBRE’s Westchester office, handled negotiations on behalf of the Ridgeway Country Club.


 


The French-American School of New York was founded in 1980 to provide a bilingual, bicultural French and American education to an American, French and international student population from nursery school through 12th grade. Today 825 students attend its Pre-School in Scarsdale, its Lower School in Larchmont and its Upper School in Mamaroneck.

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Social Worker Is Stabbed

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WPCNR POLICE GAZETTE. From Department of Public Safety. January 19,2011:


 A social worker was stabbed Wednesday morning at 235 Lexington Avenue,


Commissioner of Public Safety,David Chong reported:


At approximately 1045 AM, we responded to a 911 call to 235 South Lexington ave. Apt 10K  Units arrived and found that a social worker, Francis  Mortenson, age 47 an employee and social worker from St. Vincent’s hospital had been stabbed numerous times while making a home visit. Suspect identified as a Jamile Wilson was arrested at the scene and has been subsequently charged with Attempted Murder 2 and Criminal Possession of a Weapon. The victim is in critical condition at Westchester Medical Center. 

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Lowey Funds $1.9M to rehire 9 firefighters

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WPCNR POLICE GAZETTE. JANUARY 19, 2011:


John Callahan, City Chief of Staff confirmed tonight that Congresswoman Nita Lowey has arranged a grant enabling rehiring of White Plains Firefighters laid off 9 months ago.


According to a news release issued Wednesday, “Congresswoman Nita Lowey announced today that the White Plains Fire Bureau will receive a $1.9 million federal grant which can be used to re-hire firefighers who were laid off at the Bureau.


Lowey remarked: “I am thrilled that the White Plains Fire Bureau will benefit from this federal grant, which will help ensure that we have the personnel necessary to keep our community safe. At a time of high unemployment, I am particularly pleased this federal investment will create jobs in our community.”


The funding is part of the Department of Homeland Security’s Staffing for Adequate Fire and Emergency Response Program (SAFER), a funding initiative designed to strengthen the nation’s ability to respond to fire and fire-related hazards and improve the nation’s overall level of preparedness.

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County Attorney Favors Astorino Tax Levy Challenges Board pf Legislators

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WPCNR COUNTY CLARION_LEDGER. From the Westchester County Department of Communications. January 19,2011:


 


In a formal legal opinion released Tuesday, County Attorney Robert Meehan concluded that the county’s 2011 tax levy currently stands at $555 million. This represents a 1 percent decrease from the 2010 levy and is the amount proposed by County Executive Robert P. Astorino and approved by the Board of Legislators on Dec. 10.


 


In his five-page opinion given to Astorino and Board Chairman Ken Jenkins, Meehan said that for the board’s subsequent proposed levy to go into effect, which amounted to  $548 million or a 2 percent cut, the legislature would have to first override Astorino’s veto of it.


 “Absent an override of the county executive’s veto, the amount of the tax warrants to be issued to municipalities by March 1, 2011 based upon the Westchester County Charter must be based upon the adopted tax levy in the amount of $555,053,491,” Meehan wrote.


            The tax levy is the amount the county government collects in property taxes by sending tax warrants in March to local towns and cities, which in turn send tax bills to their residents.


In vetoing the second tax levy on Jan. 11, Astorino said that the board continued to support runaway spending and was relying on phony revenues and risky one shots, such as spending money put away to settle labor contracts, to balance the budget.


For its part, the board has chosen not to respond to the veto, claiming that the budget was “finally adopted” on Dec. 23 and that the County Charter does not require the county executive to approve the tax levy.


Responding to the board’s contention, Meehan wrote, “There are numerous fatal flaws in these arguments.” The county attorney said that because the tax levy must be set by an act of the legislature, the county executive has the power to veto it just like every other act. He added that the legislature has no authority to take away from the county executive this right to veto the tax levy.    


“The veto authority cannot be taken away by changing the amount of the tax levy by a later amendment and claiming that the county executive has no authority to exercise a veto with respect to that change or amendment,” the opinion states. 


            The county executive said the detailed legal analysis by the county attorney showed that his office had correctly followed the County Charter. “There’s a legal process to be followed and the county attorney’s opinion shows my office followed it,” said Astorino. “The board has every right to disagree with me, but it can’t make up its own rules.”


            It takes 12 votes of the 17-member board to override a veto.  


 

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Historic Common Council Letter to Governor Andrew Cuomo

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WPCNR FOR THE RECORD. JANUARY 19,2011:


Councilwoman Milagros Lecouna has furnished WPCNR with a copy of the letter the Common Council sent Governor Andrew Cuomo of New York Tuesday asking the Governor to begin theinvestigation (details of the procedure the Governor isauthorized to follow  by Section 34 of the New York state Public Law are published in this morning’s story.


Here is a photocopy of the council’s historic letter:



 


 


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City Would Have to Pay Cost of Removing the Mayor

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WPCNR QUILL & EYESHADE. JANUARY 19,2011:


Yesterday, five membersof the Common Council of the city of White Plains sent a letter to Governor Andrew Cuomo asking him to remove Mayor Adam Bradley from office for his conviction on AttemptedAssault,Contempt andthree charges of harassment. The procedure is described under section 34of the New York State Public law.


It calls for the governor toconduct an investigation either independently or through the Attorney General Office and after that is completed to hold a hearing. The cost of the investigation is paid for by the city.


Here is the procedure:


§ 34. Proceedings  for  removal  by governor. 1. In any proceeding for
  the removal by the governor of a  public  officer,  he  may  conduct  an
  investigation  into  the  charges,  and  may take the evidence as to the
  truth of the charges at a hearing for such purpose,  or  he  may  direct
  that  such  investigation  or  hearing, or both, shall be conducted by a
  justice of the supreme court of the judicial  district,  or  the  county
  judge  of  the  county,  in  which  the  officer proceeded against shall
  reside,  or  by  a  commissioner  appointed  by  the  governor,  by   an
  appointment, in writing, filed in the office of the secretary of state.
   


2.  The  governor  may  direct  the  attorney-general  or the district
  attorney of the county in which the officer proceeded  against  resides,
  to  assist  the governor, or the person designated by the governor under
  the  first  subdivision  of  this  section,  in  the  conduct   of   the
  investigation into the charges, and of the hearing into the truth of the
  charges.  If the hearing provided for in this section shall be conducted
  by a justice, judge or commissioner, it shall be held at such  place  in
  the  county  in  which the officer proceeded against shall reside as the
  justice, judge or commissioner shall appoint, and at  least  eight  days
  after  written  notice  of the time and place of such hearing shall have
  been given to the officer proceeded against.
   


3. The governor may direct  the  justice,  judge  or  commissioner  to
  report  to  him  the evidence taken at such hearing, or the evidence and
  the findings of the material facts deemed  by  such  justice,  judge  or
  commissioner to be established. Both in the investigation of the charges
  and  at  the  hearing into the truth of the charges, the governor or the
  person designated by him under the first subdivision of this section may
  require witnesses to  attend  before  him,  and  may  also  require  the
  production of any books, papers, or other documents, deemed by him to be
  material, and shall issue subpoenas for such witnesses for appearance at
  the hearing as may be requested by the officer proceeded against.
   


4.  At the hearing provided for in this section, the officer proceeded
  against and his counsel shall be permitted to attend, but  such  officer
  or  his  counsel  shall have no right to be present at the investigation
  provided for unless the governor or the  person  designated  by  him  to
  conduct  such  investigation  so  directs.  No  evidence  taken  in such
  investigation shall form the basis of any report to the governor by  the
  person  designated  by him under subdivision one of this section, or the
  basis of any determination by the  governor,  unless  such  evidence  is
  presented at the hearing provided for in this section.
   


5. The person designated under subdivision one of this section, or the
  governor,  where  no  person  is  so designated, is authorized to employ
  counsel in any case where the attorney-general or district attorney  has
  not been directed to assist the governor or his designee, as provided in
  subdivision  two of this section, and to employ such personnel as may be
  necessary to assist him in the performance  of  his  duties  under  this
  section.
   


6. If the proceeding be for removal of a state officer, the reasonable
  expenses  incurred in the conduct thereof, including the compensation of
  authorized counsel and  of  necessary  assistants,  in  the  taking  and
  printing  of  the  testimony,  shall  be  paid  by  the  state,  on  the
  certificate of the governor, out of  moneys  appropriated  or  available
  therefor.
   


7.  If  the proceeding be for the removal of a county or city officer,
  the reasonable expenses incurred in  the  conduct  thereof  shall  be  a
  county  or  city charge, as the case may be. The board of supervisors of
  the county, or the board of estimate and apportionment or other board or
  body of the city vested with the power to make  appropriations,  on  the
  requisition  of  the  governor,  from  time  to  time,  shall  forthwith
  appropriate such sum as shall be needed to pay such expenses; and  after
  such  appropriation shall have been duly made, the fiscal officer of the
  county or city, as the case  may  be,  shall  pay  such  expenses,  upon
  vouchers  approved  by the governor, after audit, in the same manner and
  by the same authority as other county or city charges  are  audited  and
  paid.


    8.  A person designated by the governor to conduct an investigation or
  hearing, or both, under this section, who is not regularly  employed  by
  the  state  or  by  a  county  or  city,  shall  be  paid  a  reasonable
  compensation for his services, to be fixed by the governor, and paid  in
  the same manner as other expenses for the removal of a state officer, or
  a  county  or  city  officer,  as  the  case may be, as provided in this
  section.
   


9. All sheriffs, coroners, constables and  marshals  to  whom  process
  shall  be  directed  and  delivered under this section shall execute the
  same without unnecessary delay.
  

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