|
 Mt. Vernon, NY - The City of Mount Vernon's Office of Inspector General has released a report on its investigation into allegations of abuse of power levied against the Comptroller of the City of Mount Vernon.
The initial allegations were made before the Board of Estimate and Contract on Oct. 1, 2008 by a law firm doing business with the City.
The Inspector General found that the Comptroller exceeded her authority when she failed to issue payment to the law firm representing the City Council in two investigations after the billing invoices had been properly received, reviewed and approved by City Council. Even if the assertion of a right to “audit” the invoice(s) had merit, ten months from the date of the invoice is an unreasonable and unjustifiable time within which to conduct an audit of a single invoice. The financial impact to the City as a result of the acts described in the report is waste in excess of $75,000 and still mounting.
The Comptroller’s principle contention and asserted reason for the “audit” was that, in her opinion, the ordinance which authorized City Council to retain the law firm of Wilson, Elser, Moskowitz, Edelmen & Dicker limited the firms representation to matters pertaining to IDA PILOT (payment in lieu of taxes) projects. The City Council and the law firm contend that the enabling ordinance was sufficiently broad to cover multiple matters, including a matter involving the appointment of one Ravi Batra as special counsel to then Mayor Davis.
The Inspector General found no limiting or restrictive language in either the enabling legislation or the executed retainer agreement to suggest that legal representation was restricted to PILOT matters. Specifically, the Inspector General stated that the Comptroller has no right, authority or power to set up her individual opinion and judgment against the legal determinations of the City, as indicated by the acts of the City Council. In this case, the City Council met, deliberated and passed legislation authorizing the retention of Wilson, Elser, Moskowitz, Edelman and Dicker to assist as special counsel in the investigation of legal matters involving public officials and public affairs. The Comptroller exceeded her authority when she exercised her individual opinion and judgment against the legal determinations of the City Council and then essentially unilaterally vetoed the act of the council by failing to pay the invoice from the law firm when so ordered by the City Council.
The full report further delves into the PILOT investigation itself and re-examines some of the issues raised in prior proceedings. The Inspector General found evidence of accounting irregularities, official misconduct, obstructing governmental administration, providing false testimony, filing false financial statements, conflict of interest and a general disregard and disrespect for established laws, regulations and policy. The report has been forwarded to state and federal authorities for further review and processing. The complete report is available on the City web site.
 |
