WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. By John F. Bailey. December 22, 2010:

 

As indicated earlier this week by Councilperson David Buchwald to WPCNR, the council called for a Special Meeting at 7 P.M. Wednesday to consider a resolution “expressing lack of confidence in the Mayor and calling for his resignation,” which Councilpersons David Buchwald, Benjamin Boykin, Thomas Roach, Milagros Lecuona, and Beth Smayda voted to approve, with Councilperson Dennis Power and the Mayor voting no. The resolution was passed, 5-2, but had no immediate effect but Buchwald promised more resolutions to come. 

 

After television cameras recording the historic passing of the resolution, Mayor Bradley read a prepared statement defying the council, accusing them of  the ones being distracted, saying:

 

“So let’s be clear and honest: the only people who are distracted are those who have the most to gain by advocating for my demise,” and closing the two minute statement with firmness:

 

“That we continue to spend taxpayer time and money in a public forum arguing a nakedly political matter is the real injustice to the people of White Plains. Let me be crystal clear: I am not stepping down, stepping aside or stepping back. I am only stepping forward. As I have done every single day since I took office nearly one year ago, I will continue to work as Mayor for the people of White Plains. My commitment to this city and my devotion to my duties as Mayor remain steadfast.”

 

After the special meeting, WPCNR asked Council President Tom Roach if the Council was going to ask the governor (either outgoing Governor of New York David Paterson, or Governor-Elect Andrew Cuomo) to remove the Mayor through the Attorney General’s Office. Roach was non-committal, but indicated the council was prepared to move forward but not answering “Yes or No.” whether they were going direct to the governor.

 

 Councilperson David Buchwald asked the same question by WPCNR in the crowded reception area outside the conference said the council indicated it would move ahead. Asked if the council would write the governor or the governor-elect, Buchwald said the council did not have to, the resolution did that, pressed if they would ask the present sitting Governor Paterson to do the deed, Buchwald said it would probably be the new governor (Andrew Cuomo).

 

Here is a recap of what each Councilperson said in explaining their votes on the resolution:

 

 

After the resolution was offered, and the Mayor asked if there was any discussion Councilperson Milagros Lecuona said,

 

 “We asked for the mayor’s resignation because we realize that, this is my point of view, what I was seeing is that there was too much distraction on the part of the Mayor, all that I was really getting from this office was coming through Mr. Callahan or other commissioners, and it has been the same type of behavior or even worse in the last month.

 

I don’t have any contact with his office at all. Any contact I have, in order to do work, I have to call and make an appointment with the commissioners, and there is no response whatsoever on the part of the Mayor in the form of contact or relationship with the city.

 

On the other hand, there is plenty of contact with people demanding he resign. I think we need to respond to the residents. I’m getting overwhelming e-mail requesting for the Mayor’s resignation. I am asking you for  information and I don’t have confidence at this moment you are available and (can) do the work the city needs to be done.”

 

Buchwald (a Councilperson for just 11 months and 22 Days) was next,  explaining the resolution was expressing sentiment only:

 

“Fellow councilmembers, this resolution is the first resolution of the Common Council’s on this subject. And, while it is not a motion this time to examine our authority under Section 30 of our city charter to remove the Mayor from office, it is an expression that White Plains will not tolerate having a convicted criminal in office. I would hope that all members of the Council would support this resolution. And it requests the Mayor place the people of White Plains first ahead of his own self-interest.”

 

Power: Wait Until the appeal is completed.

 

Dennis Power, who has denied to WPCNR that he has been pressured and threatened by the White Plains Democratic Party leaders to support a resolution removing the Mayor from office, declined to support the resolution, saying,

 

“I will be voting NO on the Council’s “No Confidence”Resolution calling for Adam Bradley to resign from his elected position as Mayor of the City of White Plains.

 

I firmly believe in America’s judicial system and the full hearing of the matters before the court including appeal. (The Mayor is in the process of appealing his conviction on charges of Attempted Assault, Third Degree, Criminal Contempt, and three charges of Harassment, verdict rendered one week ago, December 9).  The Mayor indicated that he is going to appeal the convictions on the misdemeanor charges and that he will continue to carry out his official responsibilities.

 

I will not stand in his way of doing just that. However, I will also hold him accountable for being steadfast in carrying out his mayoral responsibilities in continuing to lead the administration through these challenging financial times.

 

Overall, I have been impressed with his strong sense of professionalism, the high caliber performance and the strong work ethic of this administration. Significant strides forward have been taken in 2010 and that accomplished against a very difficult economic background and with the lowest staff numbers in nearly thirty years. New stories, restaurants and businesses have opened, more are coming, and, as witnessed in tonight’s meeting (A. J. Rotundi presented a detailed presentation of his Main Street retail development, featuring a 130-room business-oriented hotel),  There are signs that White Plains is in the process of rejuvenation. Yes, there are some difficult years ahead, but I feel confident in the Bradley Administration’s ability to lead us forward.

 

With this resolution before us, it is also important to remember that the matters in contention here do not involve government business or official misconduct. They revolve around extremely sensitive domestic violence and divorce issues which I take very seriously. However, Mayor Bradley is entitled to the full rights of the appellate process afforded to all citizens through our judicial system.

 

I remain committed to focusing my time, energies and expertise on the work of the city and will use good judgment in carrying out my responsibilities as a White Plains Councilman. While my colleagues and I have different interpretations and sensitivities on this issue, I respect their opinions and, I am sure, they respect mine. As we move forward to close out 2010 and prepare to tackle the challenges of the new year, I am confident and expect that we will continue to work closely together and to cooperate on the important business of the people of the City of White Plains.

 

Benjamin Boykin Said the City Needs a Mayor Focused and Engaged

 

Benjamin Boykin, said he has long sought, “As you know when this happened in Febrau February, no councilmember did not make any comment or say about because at that point in time,  the Mayor was in a legal process. There was a second arrest, that took place, I think in late March or April, and, independently five members of the Common Council decided that the Mayor should step down. We did have a press conference and at that time five of us stood and called for the Mayor to resign.

 

Subsequently there was a trial that took place, a verdict was rendered and the Mayor was convicted of five violations, and at that point in time, I  along with four others called for the Mayor to resign immediately.

 

I think that we need a Mayor who is fully focused and engaged . These are very serious times in the city. We have a dire financial situation that will continue. We need someone whose full attention is related to the city’s business. An appeal process will take time. It will take years. I think the leadership here should be fully focused on serving the people of White Plains, and in December of this year, I said that the Mayor could best serve the city by immediately stepping down as Mayor of the City of White Plains.”

 

Tom Roach Council President spoke briefly and seemed torn: 

 

“I share Councilman Power’s indication and believe that the Mayor is entitled to fully exercise his appellate rights in this situation.

 

I do feel this is a terrible situation for the city of White Plains. This is the most difficult vote I have had to cast in my time on the council (9 years). But I do feel it is in the best interests of the city that the Mayor resign. So I will be supporting this resolution.”

 

Roach it should be noted, as Common Council President, stands to become interim Mayor (and the Mayor’s salary) should the Mayor be forced out of office by any subsequent action.

 

Councilperson Beth Smayda, like Buchwald a member of the council for just 11 months and 22 days, concurred:

 

“I would just wanted to confirm that I think this is a very unfortunate situation especially for the Mayor and his family, but also for the city. I agree that the city needs a Mayor that’s focused, navigating us through these difficult challenges. It’s going to take a lot of hard work to deliver the services, manage the employees and we need to be doing that continuously. I also feel if the economy does improve that we need somebody who is out in front of businesses looking to relocate here and residents thinking of coming here. I also, unfortunately will be voting for this resolution.

 

Hopes the Mayor would be reading his resignation were quickly dispelled when the Mayor read from a prepared statement:

 

The Mayor who grimaced and looked tight-lipped while listening to the five Councilpersons,then he accused them of political grand-standing:

 

“Let me start by sharing a heartfelt thanks to the many friends and residents of White Plains who have offered their prayers and support during this period.

 

I also want to acknowledge the members of this body who – in more honest moments – have expressed support and empathy for what has turned into a needless political spectacle.

 

Divorce is a sad and unfortunate situation that impacts many families every day. And let’s be honest – I am in the middle of a very nasty divorce that has found the light of day and become fodder for public consumption.

 

I will not re-litigate any matters of the trial or this situation, other than to say that I remain unequivocal that the charges against me are false and unfounded, and that I did not in any way mistreat my wife.

 

As many of you know, the District Attorney failed to meet the burden of proof on the most serious charges leveled against me – which itself is only a misdemeanor – and the court rendered a very mixed decision.

 

I know the truth of the matter. Many of my neighbors and my family know the truth. I’m still convinced that the truth will ultimately come out in the judicial process, and that is why I am appealing.

 

I realize that in the light of recent news coverage, newsletters (Editor’s note: Councilman Buchwald mailed a personal newsletter discussing the Mayor’s situation this week) and anonymous web pages, some of you and members of the media have claimed that this has become a distraction. Worse, it has offered a window for political opportunism.

 

We were elected individually to collectively do the business of the people of White Plains. I will only speak for myself, but this has been my focus since Day 1, even during these recent legal proceedings.

 

I am the first to admit that my inaugural year as Mayor was not exactly what I envisioned or hoped – but it was also not the disappointment that some have claimed.

 

Let me remind you of some of the things we’ve accomplished during the first year of my administration. We:

 

1. Reduced what would have been a substantial tax increase, despite inheriting a terrible and deeply flawed  budget situation.
   
2. Replenished the city’s severely depleted reserve fund.
   
3. Reduced the city’s workforce to its lowest level in 30 years without impacting the scope of city services and performance.
   
4. Increased wetland setbacks to increase and preserve open spaces.
   
5. Managed the awful tragedy and fire in downtown White Plains, and took immediate steps to ensure that the City could purchase and develop the lots, so that we would not have another hole in the ground in downtown White Plains.
   
6. Improved recreation and park services such as Ebersole Skating Rink, which is now wired for television and WiFi and clearly  a better place for kids and families than it was a year ago.
   
7. I still believe that this administration’s proposal for Ridgeway Country Club was correct and that a citywide self sustaining facility would have been best for city residents, who could have used  it….this would have continued its current use. (Editor’s Note: the Common Council voted not to fund this proposed purchase.)

 

We have accomplished much in the first year of my Administration, and I  look forward to continuing the work we’ve started.

 

So let’s be clear and honest: the only people who are distracted are those who have the most to gain by advocating for my demise.

 

That we continue to spend taxpayer time and money in a public forum arguing a nakedly political matter is the real injustice to the people of White Plains.

 

Let me be crystal clear: I am not stepping down, stepping aside or stepping back. I am only stepping forward. As I have done every single day since I took office nearly one year ago, I will continue to work as Mayor for the people of White Plains. My commitment to this city and my devotion to my duties as Mayor remain steadfast.

 

I urge all of you to abandon political ambition and expediency and focus on the work we were elected to do.

 

The meeting then adjourned.

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WPCNR POLICE GAZETTE. By John F. Bailey. December 21, 2010:

At a news conference called to announce the arrest of a suspect in a stabbing Saturday night, Commissioner of Public Safety said that Raul Rios, 23, of White Plains remained in very critical condition Tuesday morning, the victim of  hit and run accident Sunday morning.

Rios according to police was hit by a vehicle identified by video surveillance tape as a black late model Mercedes-Benz near the Kennedy Fied Chicken restaurant at approximately 4 A.M. Sunday morning. Chong said the two “good samaritan victims” who stopped to help the young man and were hit by David Bautista, 22, of 131 Chatterton Parkay who also failed to top after hittng those two, were treated and released.

Chong said the license plate is being enhanced by police from the video tape which WPCNR has learned shows the accident sequnce where Rios was hit. Chong urged the driver of the Mercedes to contact police and urged persons who know the driver to contact police, (914) 422 6111).

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WPCNR COUNTY CLARION-LEDGER. From Westchester County Department of Communications. December 21,2010 (EDITED)-           

County Executive Robert P. Astorino has signed a law initiated by the Board of Legislators that limits the county executive to three, four-year terms and legislators to six, two-year terms.

 “The ballot box still remains the best way to express the will of the people with respect to elected officials,” said Astorino. “But term limits provide a check against entrenched interests gaming the system. They also promote opportunities for newcomers to serve the public. It is for these reasons that I have signed this legislation.”

The clock will begin running on the term limits in 2012 for county legislators and in 2014 for the county executive, after the next election in each race.

The law was passed by the Board of Legislators Dec. 6 by a vote of 10-6. 

The law as presented in County Legislature and County Executive news releases is not retroactive and does not count current years served by present office holders, meaning legislators already in office for say 12 years when the law goes into effect could serve another 12 years before having to leave office.

Mr. Astorino when he completes his present term in 2014 could conceivably stay in office until 2026, serving 16 years.

 

 

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WPCNR MAMARONECK AVENUE RAMBLER. (Special to WPCNR) December 18, 2010  

 

Christmas week got off to a merry start in downtown White Plains Sunday morning when Westco Productions presented Breakfast With Frosty the Snowman and his friends at Applebee’s on Mamaroneck Avenue, in the City Center. The event attracted residents from neighboring communities, such as Greenburgh and New Rochelle, as well as White Plains. 

 

 

 

Those in attendance enjoyed an all-you-can-eat breakfast buffet, along with the entertainment by Westco’s costumed actors. Youngsters exchanged hugs with the characters, posed for pictures, and joined in singing seasonal songs. The event also served as a demonstration of Applebee’s support for community organizations, since proceeds supported Westco, the White Plains-based non-profit theater company. Photos by Steve Morton 

 

 

 

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WPCNR BACKROOM BULLETIN. By John F. Bailey. December 16, 2010:

 

Councilman Dennis Power, the lone councilman who stands between a Common Council resolution possibly acting to remove Adam Bradley from office, says he is not being pressured by party bosses or district leaders to cast the key 6^th vote that the council would need to remove the Mayor from the Common Council according to some interpretations of Section 30 of the City Charter.

 

Power spoke to WPCNR in a phone call Wednesday morning from his office with the Westchester County Department of Environmental Facilities. WPCNR asked Power directly if he had been threatened by Democratic leaders with possible loss of his county job, or threatened with being denied the nomination to run again for Common Council next November (his current term expires at the end of 2011).

 

Power said “No.”

 

I asked Power if Council President Tom Roach had approached him on the issue of his casting the all-important sixth vote. Power said, “No.”

 

I asked if Power had been made aware the council was possibly planning a special meeting to hold a vote to remove the Mayor because of his convictions last week, which the Mayor plans to appeal. He said he had no knowledge of plans for such a meeting.

 

WPCNR asked the question because there have been strong rumors (apparently they are only rumors, according to Power), that a faction of the Democratic party in White Plains is eager to remove Bradley from office on the grounds of having committed “disorderly conduct,” as spelled out by Section 30 of the White Plains City Charter.

 

The issue of the Mayor’s dismissal in some form have arisen because of the Mayor’s conviction on charges of Contempt of Court, Attempted Assault, 3^rd Degree, and three charges of Harassment,2^nd Degree last Thursday by Judge Susan Capeci in Westchester County Family Court. . In the same proceeding the Judge found the Mayor not guilty of three charges of Assault in the Third Degree lodged by his wife.

 

Section 30 of the City Charter, titled “Discipline of members; expulsion” reads:

 

“The Common Council may compel the attendance of absent members at any meeting properly called, and may punish or expel a member for disorderly conduct, for violation of its rules, or for official misconduct, or declare his seat vacant by reason of absence, provided, provided such absence has continued for the space of four (4) months; but no expulsion shall take place and no vacancy on account of absence be declared except by the vote of 3/4 of all members of the common council , or until the delinquent member has had an opportunity to be heard in his defense.”

 

City Councilman David Buchwald told WPCNR Tuesday evening ¾ of the council is 5.2 members, meaning a 6^th member would have to vote for such expulsion. Buchwald believes Section 30 gives the council the power to remove the Mayor from office.

 

The City Charter is ambiguous on this issue, however. The Mayor is defined in the charter as being a member of the Common Council thusly in Section 28:

 

“The council shall consist of a mayor and six (6) councilmen.”

 

On the other hand, does the Common Council really have the power to remove the Mayor? Section 20 of the same City Charter appears to say “No,” to wit, italics added by WPCNR:

 

Section 20: Resignations and removals.

 

“…Any city officer, except the Mayor, councilmen, city judge and acting city judge, may be removed from office by a majority vote of all the members of the common council…

 

That section appears to conflict with Section 30.

 

Could the Mayor be removed — and How? Unclear.

 

The charter provides this remedy a few sentences later in the same Section 20:

 

“Any elective officer for whose removal no provision is made herein  may be removed by the governor in the same manner as a sheriff, except that the governor may direct the inquiry provided by law be conducted by the attorney general. After charges have been received by the governor he may suspend the officer affected thereby for a period not exceeding sixty days pending the investigation. Nothing herein contained shall be construed to take from any officer or board the powers to remove subordinates according to law.”

 

It is unclear whether the Common Council would have to send the “charges” to the Governor asking  for the removal of Mr. Bradley to activate Section 20. It is also unclear if the Council would have to pass a resolution to do so, and whether such a request would require a 6-1 margin also.

 

 

Appeal could take a year.

 

Buchwald told WPCNR he would support removing the Mayor from office using Section 30 because of the length of time an appeal to the appellate court would take. Buchwald said it could take months, even years

 

Buchwald appears correct.

 

Charles Lederman, a White Plains criminal trial lawyer familiar with the timing on appeals confirmed to WPCNR that the process of appealing the Bradley verdict could take as long as a year or more.

 

Lederman said a party “has 30 days from the sentencing and the pronouncement of judgment to file a notice of appeal, and 180 days from there to perfect the appeal unless there are extenuating circumstances that call for an enlargement of time given by in this case, the Appellate Term (court), I believe. Usually these things take probably another six months to nine months for a decision unless there is any kind of motion practice that goes on during the appeal requiring enlargements of time or substitutions of counsel.”

 

WPCNR asked John Callahan, the city’s Corporation Council and Chief of Staff for the Mayor, that in the event the council moved and voted to remove the Mayor under Section 30, and the Mayor filed a Show Cause order to stop the motion, who would handle the Common Council’s case. Callahan said he’d have to look into that question.