AN ORDINANCE AUTHORIZING AND DIRECTING THE
COMPTROLLER OF THE CITY OF MOUNT VERNON TO.
CEASE PAYMENT OF SALARY AND BENEFITS TO THE
VACANT OFFICES OF DEPUTY POLICE COMMISSIONER,
CORPORATION COUNSEL, SPECIAL ASSISTANT TO THE
MAYOR, 3®° ASSISTANT CORPORATION COUNSEL AND
DEPARTMENT OF PUBLIC WORKS COMMISSIONER
WHEREAS, by letter dated December 13, 2016, the City Council has
requested legislation declaring the offices specified below as vacant and directing
the Comptroller of the City of Mount Vernon to cease the payment of salary and
benefits to specified individuals occupying said offices; and
WHEREAS, by letter dated March 10, 2016, the City Council advised the
Mayor of the City of Mount Vernon that, by operation of Chapter 50, Article IIT,
Section 50-38 of the Code of the City of Mount Vernon, the following offices
were deemed “vacant” because they were occupied by individuals who did not
meet the residency requirements set forth in the laws of the State of New York and
the City of Mount Vernon: Deputy Commissioner of Public Safety (Joseph
Spiezio),; Corporation Counsel (Lawrence A. Porcari, Esq.); 1* Assistant
Corporation Counsel (Maria Donovan, Esq.); 3" Assistant Corporation Counsel
(La-Teea Goings, Esq); Commissioner of Department of Public Works (Ralph
Uzzi); Commissioner of Human Resources (D. Eric Pogue); and
WHEREAS, the Mayor of the City of Mount Vernon subsequently filed
suit in the Supreme Court of the State of New York, Westchester County, seeking,
among other things, to preclude the City Council from acting or purporting to
terminate said individuals, or from interfering with the performance of work by
said individuals, or from refusing to pay said individuals for work performed; and
WHEREAS, by Judgment, Decision and Order dated July 7, 2016, the
Court denied the Mayor’s petition for a Writ of Prohibition and further declined to
render a declaratory judgment as sought by the Mayor regarding the above-
mentioned matters; and
WHEREAS, the actions of said individuals have tangibly affected the City
of Mount Vernon in the form of damage to City-owned property, increased
exposure to legal and financial liability, and undue impediments to legitimate
government operations; and
WHEREAS, subsequent to the March 10, 2016 City Council letter to the
Mayor, Maria Donovan, Esq. was removed from the office of 1* Assistant
Corporation Counsel and appointed to the office of Special Assistant to the
Mayor. However, said shift in office did not cure the noncompliance with
applicable residency laws; and
WHEREAS, residency requirements help ensure that individuals appointed
to local office have a stake in the community they serve, enhance the quality of
job performance, promote interaction with community officials and citizens, and
yield economic benefits to the City; and
WHEREAS, pursuant to Article V, Section 32 of the Charter of the City of
Mount Vernon which states that the City Council “has authority to enact
ordinances, not inconsistent with law, for the government of the City and the
management of its business, for the preservation of good order, peace and health,
for the safety and welfare of its inhabitants and the protection and security of their
property”; and
WHEREAS, pursuant to Article VIII, Section 91 of the Charter of the City
of Mount Vernon which states that “[t]he Comptroller shall superintend the
financial affairs of the City and manage the same pursuant to law and ordinances
of the City Council”; andWHEREAS, pursuant to Article IV, Section 15 of the Charter of the City
of Mount Vernon which states that “Every person clected or appointed to office
shall possess qualifications prescribed by § 3 of the Public Officers Law” and
WHEREAS, pursuant to Section 3 of the Public Officers Law of the State
of New York which states that, “No person shall be capable of holding a civil
office who shall not...be a citizen of the United States, a resident of the state, and
if it be a local office, a resident of the political subdivision or municipal
corporation of the state for which he or she shall be chosen, ...or within which his
or her official functions are required to be exercised...”; and
WHEREAS, pursuant to Chapter 50, Article III, Section 50-38 of the Code
of the City of Mount Vernon which states that, “In accordance with § 15 of the
Charter of the City of Mount Vernon, no person shall be appointed as an officer of
the City of Mount Vernon unless he complies with the residence requirements
contained in the Public Officers Law of the State of New York pertaining to the
appointment of local public officers. Every local office of the City of Mount
‘Vernon shall become vacant if the person holding such office shall cease to be an
inhabitant of the City of Mount Vernon”; and
WHEREAS, D. Eric Pogue is no longer appointed as an officer of the City
of Mount Vernon; NOW THEREFORE,
The City of Mount Vernon, in City Council convened, does hereby ordain
and enact:
Section 1. The following offices are declared “vacant” pursuant to
Chapter 50, Article III, Section 50-38 of the Code of the City of Mount Vernon:
Deputy Commissioner of Public Safety (Joseph Spiezio); Corporation Counsel
(Lawrence A. Porcari, Esq.); Special Assistant to the Mayor (Maria Donovan,
Esq.); 3" Assistant Corporation Counsel (La-Teea Goings, Esq.); and
Commissioner of Department of Public Works (Ralph Uzzi).
Section 2. ‘The Comptroller is hereby authorized and directed to cease
the payment of salary and benefits to the individuals identified in Section 1 above.
Section 3. This ordinance shall take effect immediately.
Councliperson
APPROVED AS TO FORM THIS ORDINANCE
ADOPTED BY CITY COUNCIL
‘Rasiatant Corporation Counsel President
ATTEST:
City Clerk
‘APPROVED
"APPROVED Date
Dept. By
Mayor