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”; andWHEREAS, 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