Mount Vernon Democratic City Committee Chairman Devereau Cannick (pictured above)
Stokes, Harry M.
69-06 Grand Avenue
Maspeth, NY 11378-1813
Phone: (718) 426-0444
Fax: (718) 803-9764
Mr. Cannick's education law background includes experience as General Counsel to the Mount Vernon City Public School District where he provides day-to-day advice and counsel to the District in all areas of education law including contract drafting and negotiations, labor negotiations and the development and implementation of compliance programs. In addition to his role as General Counsel, Mr. Cannick directly handles litigation matters for the District. He also negotiates their employment contracts, collective bargaining agreements as well as litigates employee disciplinary matters. In addition, he handles Special Education Impartial hearings and related litigations.
“I felt as though the mayor no longer felt responsible for his citizens, as though he no longer cared,” said Devereaux L. Cannick, a lawyer who has lived here for 23 years. “I believed in the mayor in the past, but City Hall has no vision, no real agenda in terms of economic development, no urgency in delivering services to local residents, so it was only natural that I switched sides.”
ATTORNEY GENERAL CUOMO STOPS FIRMS ABUSE OF PENSION SYSTEM IN UPSTATE, LONG ISLAND AND WESTCHESTER, AND WORKS WITH LAWMAKERS IN CREATING LEGISLATION TO END THE ABUSES
Law Firms and Lawyers Pay a Total of $235,000 to Settle Cases, End Improper Employment Arrangements and Repay to Taxpayers All Pension Benefits Received
ALBANY, N.Y. (June 3, 2008) – Attorney General Andrew M. Cuomo today announced settlements with three law firms and lawyers in Upstate, Long Island and Westchester ending improper employment arrangements with school districts and a Central New York Board of Cooperative Educational Services (“BOCES”). The settlements also rescind all public benefits wrongfully received and require the law firms and lawyers to pay the state a total $235,000.
At the same time, top state lawmakers in the Senate and Assembly joined with the Attorney General in announcing plans to introduce legislation that would finally end the abuses of the public pension system
The settlements announced today come as part of Cuomo’s statewide investigation into the public pension systems and are with the Central New York firm of Ferrara, Fiorenza, Larrison, Barrett and Reitz P.C., the New York City firm of Aiello and Cannick and Long Island attorney Gilbert Henoch.
“Systemic abuse in the public pension and benefits systems has wasted millions of taxpayer dollars,” said Attorney General Cuomo. “We will continue to examine school districts and BOCES throughout the state to ensure that taxpayer dollars are not being wasted by providing pensions to lawyers who are not state employees or other unwarranted perks and benefits. It may have been common practice for decades but it ends now, and I am working with leaders in the Senate and Assembly to pass legislation shutting down the abuses for good.”
The Attorney General’s settlement with the East Syracuse-based Ferrara firm ends the firm's agreement with the Madison Oneida BOCES in Verona in which Ferrara attorneys were improperly listed as "employees" of the BOCES even though they were at all times providing services as outside retained counsel. The arrangement allowed the BOCES' component school districts to receive reimbursement from the state for a portion of the cost of the lawyers even though the districts were not eligible to receive that aid. A BOCES provides services to multiple school districts that individual school districts cannot afford to provide themselves.
At various times since 1994, 22 of the Ferrara firm’s present and former attorneys have been improperly listed as employees of the Madison Oneida BOCES. Of those 22 attorneys, Norman Gross, Henry Sobota, and Marc Reitz received state pension credits in connection with their work for the BOCES. These three attorneys have already taken steps to rescind the pension credits they received in connection with that work, and forfeit any claim they may have had to recoup employee contributions made to the pension system during that time. The firm has terminated its employment relationships with the BOCES, and will provide services to the BOCES going forward only as retained outside counsel. The firm has not collected any pension funds from ERS. The firm will also pay $100,000 to the state under the settlement.
Since 1997, two lawyers at the law firm Aiello & Cannick, Devereaux Cannick and Jennifer Fremgen, have been improperly listed as "employees" of the Mount Vernon City School District. At all times, however, Cannick and Fremgen were providing services as outside retained counsel. Under their agreement with the district, these lawyers received health benefits and state pension credits despite the fact that health insurance is normally reserved for employees as opposed to independent contractors.
Under the settlement agreement, Cannick and Fremgen have agreed to take all steps necessary to rescind all pension credits they received in connection with their work for Mount Vernon, to forfeit any claim they may have had to recoup employee contributions made to the pension system, to terminate the "employer/employee" agreement, and to work as independent contractors going forward. The firm has not collected any pension funds from ERS. The firm and the two lawyers will collectively pay $75,000 to the state under the settlement.
Since 1997, two lawyers at the law firm Aiello & Cannick, Devereaux Cannick and Jennifer Fremgen, have been improperly listed as "employees" of the Mount Vernon City School District. At all times, however, Cannick and Fremgen were providing services as outside retained counsel. Under their agreement with the district, these lawyers received health benefits and state pension credits despite the fact that health insurance is normally reserved for employees as opposed to independent contractors.
Under the settlement agreement, Cannick and Fremgen have agreed to take all steps necessary to rescind all pension credits they received in connection with their work for Mount Vernon, to forfeit any claim they may have had to recoup employee contributions made to the pension system, to terminate the "employer/employee" agreement, and to work as independent contractors going forward. The firm has not collected any pension funds from ERS. The firm and the two lawyers will collectively pay $75,000 to the state under the settlement.
Long Island lawyer Gilbert Henoch, while employed as an attorney in private practice, was improperly listed as an employee at the Hempstead Union Free School District from 1970 to 1996 and at the East Meadow Union Free School District from 1980 to 1985, receiving health benefits from Hempstead and pension credits in the New York State Employees’ Retirement System from both. At all times, Henoch was providing services as an independent contactor and not as an employee as defined by law. Henoch applied for retirement benefits from ERS in 2003 and has to date received pension benefits of over $50,000.
Under the settlement agreement, Henoch will terminate his membership in ERS, forfeit any future claims to pension benefits in connection with the years he worked for Hempstead and East Meadow, forfeit any claims to employee contributions made to the pension system and pay the state $60,000.
Attorney General Cuomo’s ongoing statewide investigation of pension abuse has expanded to include more than 4,000 local governments and special districts across New York State and all 37 Boards of Cooperative Educational Services (“BOCES”). The investigation has already revealed that many lawyers had remained on school districts’ or BOCES’ payrolls for such extended periods of time, or were included on the payrolls of so many school districts or BOCES simultaneously, that they accumulated substantial credits in the New York state pension system.
Late last month, Attorney General Cuomo held a public hearing with state lawmakers on Long Island to review some findings of the investigation and to begin looking at potential solutions, including legislation, to end the abuse.
The Attorney General was again joined by leading members of the Senate and Assembly today announcing plans for such legislation.
Senator Dean Skelos said, “The Long Island public hearing provided critically-important information we needed to develop comprehensive legislation that will address this problem. This legislation will prevent future abuses of the system and help restore the taxpayers’ trust in our local school districts.”
Assemblyman Bob Sweeney said, “People are entitled to work and earn a salary, or retire with a pension, but not both simultaneously at taxpayer expense. The need is clear for legislation to stop this gaming of the system.”
Senator Kenneth P. LaValle said, “I am pleased to be working with Attorney General Cuomo and applaud his efforts to eliminate the abuse in spending of taxpayer dollars. People expect that their school tax dollars are going toward the education of their children and not into the pockets of those who know how to beat the system. Waste, fraud, and mismanagement must be stopped. I am encouraged by the Attorney General’s actions to protect the taxpayer and hope that this will help restore the public’s confidence in the system.”
Assemblyman Harvey Weisenberg said, “Rampant fraud and abuse exists in our public pension system and it needs to end. Thanks to the leadership of Attorney General Cuomo some of the problems are beginning to come to a long-deserved end. I am pleased to be working with the Attorney General and my colleagues in the Senate and Assembly on legislation that establishes a bright line standard for all attorneys, outside consultants, schools and local governments that will end public pension fraud and abuse.”
Last month, the Attorney General announced settlements in the investigation with the Buffalo firm of Hodgson Russ LLP and Capital Region attorney Maureen Harris, a former partner with the Albany firm Girvin and Ferlazzo, P.C. and a current commissioner with the state Public Service Commission. Those settlements also ended improper employment arrangements with school districts and various BOCES and rescinded all public benefits the lawyers had wrongfully received.
Also recently, Cuomo announced his investigation was expanding to include the practice of school districts permitting employees to “double dip,” allowing them to earn both salaries and pensions simultaneously. The Attorney General’s office is examining whether this is a proper use of public funds, whether these practices and their implementation violate existing laws and regulations, and whether existing law needs to be clarified as to these practices.
The Attorney General’s Office urges individuals with knowledge of any questionable arrangements between any BOCES, local governments, or school districts and their outside professionals to contact the Public Integrity Bureau by telephone at 212-416-8090 or by e-mail atpublic.integrity@oag.state.ny.us.
The settlements announced today were handled by Assistant Attorneys General Renee L. Jarusinsky and Darcy Goddard under the supervision of Special Deputy Chief of Staff Mitra Hormozi and Special Deputy Attorney General for Public Integrity Ellen Biben.
Mount Vernon school lawyers targeted in pension investigation
JUNE
3
A law firm that has done business with the Mount Vernon School District is one of the latest to get caught up in Attorney General Andrew Cuomo’s school district pension probe.
Cuomo announced today that since 1997, lawyers Devereaux Cannick and Jennifer Fremgen of the firm Aiello & Cannick have been improperly listed as “employees” of the Mount Vernon City School District.
“At all times, however, Cannick and Fremgen were providing services as outside retained counsel. Under their agreement with the district, these lawyers received health benefits and state pension credits despite the fact that health insurance is normally reserved for employees as opposed to independent contractors,” Cuomo said in a press release.
“Under the settlement agreement, Cannick and Fremgen have agreed to take all steps necessary to rescind all pension credits they received in connection with their work for Mount Vernon, to forfeit any claim they may have had to recoup employee contributions made to the pension system, to terminate the “employer/employee” agreement, and to work as independent contractors going forward. The firm has not collected any pension funds from (the state). The firm and the two lawyers will collectively pay $75,000 to the state under the settlement,” Cuomo added.
Others settling with the attorney general were the central New York firm of Ferrara, Fiorenza, Larrison, Barrett and Reitz P.C. for work done with the Madison Oneida BOCES, and Long Island attorney Gilbert Henoch, who worked for the districts in Hempstead and East Meadow.
Joseph Spector, who is reporting this story from our Albany bureau, says representatives of Aiello & Cannick did not immediately return calls seeking comment.
Speaking truth to power, Maureen Walker exposed the dirty truth today by revealing that fair investigations of local public corruption are conducted with a stacked deck in favor of the administration. Flanked by her attorneys George Fufidio and John Diblasi, the Comptroller held a press conference in their White Plains office to respond to charges brought against her by the Mount Vernon Inspector General who has accused Comptroller Walker of official misconduct and criminal acts.
Telling the simple truth; that the mayor and the Democratic Party Chairman (who is also an attorney for the school district) have grossly deceived the public, Mrs. Walker requested that the right thing be done by the City Council. She provided what her attorneys say is proof that Harry Stokes, the City’s Inspector General, should be removed from office and his report retracted. The written response also suggests that Mayor Clinton Young and Deveraux Cannick may have abuused public’s trust for their own personal benefit and gain.
Among the report’s findings is some startling information:
* Investigation of the Inspector General’s background indicates that he was a personal injury lawyer from 1990 until the time he took office. He has none of the experience in any of the areas required by law for his position.
* Investigation revealed the Inspector General worked as a personal injury lawyer from the time shortly after his graduation from law school in 1990, until the time he was appointed to his position. The one qualification that the Inspector General should possess is the ability “to keep confidential information received during the performance of his duties” confidential as required by law; and Inspector General’s lack of experience has compromised prosecutorial efforts, if in fact any laws that may have been violated could be prosecuted.
* As reported in the Journal News on April 25, 2008 “Harry Stokes was also a lawyer at the firm (Aiello and Cannick) in recent years”. Deveraux Cannick wields considerable power as Democratic City Chair and is directly involved in the selection and nomination of all city officials. He is also an experienced criminal defense attorney with ties to the FBI.
* The Inspector General’s lack of legal qualifications to hold his position, the absence of any real professional experience to conduct such an investigation, the ethical issues that are present from his prior business association with the now Chair of the Democratic City Committee, require his immediate removal and the retraction of his January 2009 report.
With the heart of a predatory lion unafraid of reprisal, Comptroller Walker stands by her response that intimates a city in the clutches of a corrupt administration. After reading the information presented it can be arguably presumed that corruption in Mount Vernon may be more widespread than first imagined. Deveraux Cannick and Mayor Clinton Young are Mount Vernon’s newest power team. Mr. Cannick while being the Democratic Party Chair, also plays a pivotal role in legal negotiatiions conducted by the Board of Education and is rumored to have recommended Dr. W.L. “Tony” Sawyer as schools superintendent. With all of this cross connection it would be in citizens’ be interest to keep a wachful eye on this public entity as well.
* Investigation of the Inspector General’s background indicates that he was a personal injury lawyer from 1990 until the time he took office. He has none of the experience in any of the areas required by law for his position.
* Investigation revealed the Inspector General worked as a personal injury lawyer from the time shortly after his graduation from law school in 1990, until the time he was appointed to his position. The one qualification that the Inspector General should possess is the ability “to keep confidential information received during the performance of his duties” confidential as required by law; and Inspector General’s lack of experience has compromised prosecutorial efforts, if in fact any laws that may have been violated could be prosecuted.
* As reported in the Journal News on April 25, 2008 “Harry Stokes was also a lawyer at the firm (Aiello and Cannick) in recent years”. Deveraux Cannick wields considerable power as Democratic City Chair and is directly involved in the selection and nomination of all city officials. He is also an experienced criminal defense attorney with ties to the FBI.
* The Inspector General’s lack of legal qualifications to hold his position, the absence of any real professional experience to conduct such an investigation, the ethical issues that are present from his prior business association with the now Chair of the Democratic City Committee, require his immediate removal and the retraction of his January 2009 report.
With the heart of a predatory lion unafraid of reprisal, Comptroller Walker stands by her response that intimates a city in the clutches of a corrupt administration. After reading the information presented it can be arguably presumed that corruption in Mount Vernon may be more widespread than first imagined. Deveraux Cannick and Mayor Clinton Young are Mount Vernon’s newest power team. Mr. Cannick while being the Democratic Party Chair, also plays a pivotal role in legal negotiatiions conducted by the Board of Education and is rumored to have recommended Dr. W.L. “Tony” Sawyer as schools superintendent. With all of this cross connection it would be in citizens’ be interest to keep a wachful eye on this public entity as well.
Citizens should be aware that the office of the Comptroller is extremely important to any scheme of “selling off the city”. As the keeper of city finances the Comptroller oversees the city’s’ most valuable asset; the land, it’s real estate. Mayor Young’s administration has control over every agency charged with responsibility to oversee the city’s 4.2 square miles with the exception of the Office of the Comptroller. The Buildings, Public Works, Law, Planning, and Urban Renewal departments all answer solely to the mayor. The Office of the Comptroller as it now stands is the only independent department answersable to the people. Once the Office of the Comptroller is secured by the administration absolutely nothing stands in the way of uncontested mismanagement and pilfering of the resources. Mayor Young, being too greedy and dishonest to restrain himself, must remove the only obstacle blocking the way to the city’s riches. He knows that in order to have soverign power the Comptroller must be ousted and replaced with a more practicable hand picked option. Efforts to “muddy” the comptroller had been waged even before the mayor entered city hall and will surely continue as long as she, or he, remains.
Mount Vernon must not be fooled by the orchestrated commotion resulting from biased investigations. Manipulation of public trust is a time proven asset when engaging in political subterfuge. Nor should citizens be fooled by animated responses spoken with the sole purpose of detracting from the issue; it’s a method used to shield the schemers and does nothing to protect the people’s best interests. Citizens need only read the full report in order to draw their own conclusions.
The City Council MUST swiftly launch a thorough investigation of possible Code of Ethics violations and secure unbiased outside counsel to review and offer opinion on these findings. If truth has its own power than Mount Vernon is closer to grasping the motives behind this unabashed madness. And as the truth unfolds, the real villians and their dastardly schemes will finally be unveiled for all citizens see and the proper authorities to prosecute.
READ THE FULL REPORT BELOW:
RESPONSE ON BEHALF OF THE COMPTROLLER OF THE CITY OF MOUNT VERNON TO
THE REPORT OF THE INSPECTOR GENERAL DATED JANUARY 9, 2009
PREPARED BY:
GEORGE FUFIDIO, ESQ. JOHN DIBLASI, ESQ.
Mancuso, Rubin & Fufidio Laub Delaney & DiBlasi
1 North Broadway 3 Barker Avenue
White Plains, N.Y. 10601 White Plains, N.Y. 10601
At the request of the Comptroller of the City of Mount Vernon, we have reviewed the report of the Inspector General accusing her of official misconduct and criminal acts, and make the following conclusions:
…THE INSPECTOR GENERAL IS NOT QUALIFIED TO HOLD HIS POSITION UNDER THE LAWS OF THE CITY OF MOUNT VERNON
…THE INSPECTOR GENERAL LACKS THE PROFESSIONAL EXPERIENCE TO CONDUCT THE TYPE OF INVESTIGATION SET FORTH IN THE REPORT
…THE REPORT, WHICH CONTAINS FALSE AND UNSUPPORTED ALLEGATIONS MADE BY THE INSPECTOR GENERAL AGAINST THE COMPTROLLER, WAS DONE SHORTLY AFTER DEVEREAUX CANNICK ASSUMED THE CHAIR OF THE CITY COMMITTEE.
…THE INSPECTOR GENERAL’S PRIOR ASSOCIATION WITH THE LAW FIRM OF THE NOW CHAIR OF THE MOUNT VERNON DEMOCRATIC CITY COMMITTEE, DEVERAUX CANNICK, SHOULD DISQUALIFY HIM FROM HOLDING THE POSITION OF INSPECTOR GENERAL
…THERE IS A QUESTION AS TO WHETHER THE INSPECTOR GENERAL DISCLOSED HIS PRIOR BUSINESS ASSOCIATION WITH MR. CANNICK IN HIS APPLICATION FOR EMPLOYMENT WITH THE CITY
…THE FOREGOING SHOULD BE THE SUBJECT OF AN INVESTIGATION BY THE BOARD OF ETHICS
…THE ALLEGATIONS AGAINST THE COMPTROLLER ARE FALSE, AND ARE EITHER POLITICALLY MOTIVATED OR A RESULT OF THE INSPECTOR GENERAL’S INCOMPETENCE
…THE INSPECTOR GENERAL MUST BE REMOVED FROM OFFICE IMMEDIATELY AND HIS REPORT RETRACTED
…THE INSPECTOR GENERAL DOES NOT MEET THE QUALIFICATIONS FOR HIS POSITION UNDER THE LAWS OF THE CITY OF MOUNT VERNON. AS A RESULT HE MUST BE IMMEDIATELY REMOVED & HIS REPORT RETRACTED
GEORGE FUFIDIO, ESQ. JOHN DIBLASI, ESQ.
Mancuso, Rubin & Fufidio Laub Delaney & DiBlasi
1 North Broadway 3 Barker Avenue
White Plains, N.Y. 10601 White Plains, N.Y. 10601
At the request of the Comptroller of the City of Mount Vernon, we have reviewed the report of the Inspector General accusing her of official misconduct and criminal acts, and make the following conclusions:
…THE INSPECTOR GENERAL IS NOT QUALIFIED TO HOLD HIS POSITION UNDER THE LAWS OF THE CITY OF MOUNT VERNON
…THE INSPECTOR GENERAL LACKS THE PROFESSIONAL EXPERIENCE TO CONDUCT THE TYPE OF INVESTIGATION SET FORTH IN THE REPORT
…THE REPORT, WHICH CONTAINS FALSE AND UNSUPPORTED ALLEGATIONS MADE BY THE INSPECTOR GENERAL AGAINST THE COMPTROLLER, WAS DONE SHORTLY AFTER DEVEREAUX CANNICK ASSUMED THE CHAIR OF THE CITY COMMITTEE.
…THE INSPECTOR GENERAL’S PRIOR ASSOCIATION WITH THE LAW FIRM OF THE NOW CHAIR OF THE MOUNT VERNON DEMOCRATIC CITY COMMITTEE, DEVERAUX CANNICK, SHOULD DISQUALIFY HIM FROM HOLDING THE POSITION OF INSPECTOR GENERAL
…THERE IS A QUESTION AS TO WHETHER THE INSPECTOR GENERAL DISCLOSED HIS PRIOR BUSINESS ASSOCIATION WITH MR. CANNICK IN HIS APPLICATION FOR EMPLOYMENT WITH THE CITY
…THE FOREGOING SHOULD BE THE SUBJECT OF AN INVESTIGATION BY THE BOARD OF ETHICS
…THE ALLEGATIONS AGAINST THE COMPTROLLER ARE FALSE, AND ARE EITHER POLITICALLY MOTIVATED OR A RESULT OF THE INSPECTOR GENERAL’S INCOMPETENCE
…THE INSPECTOR GENERAL MUST BE REMOVED FROM OFFICE IMMEDIATELY AND HIS REPORT RETRACTED
…THE INSPECTOR GENERAL DOES NOT MEET THE QUALIFICATIONS FOR HIS POSITION UNDER THE LAWS OF THE CITY OF MOUNT VERNON. AS A RESULT HE MUST BE IMMEDIATELY REMOVED & HIS REPORT RETRACTED
“QUALIFICATIONS OF THE INSPECTOR GENERAL”
are set forth in Section 69-a of the Laws of the City of Mount Vernon. Our investigation of the Inspector General’s background indicates that he was a personal injury lawyer from 1990 until the time he took office. He has none of the experience in any of the areas required by law for his position. Specifically:
REQUIRED BY LAW EXPERIENCE
INVESTIGATION OF 207-A CLAIMS NONE
INVESTIGATION OF 207-C CLAIMS NONE
INVESTIGATION OF WORKERS’ COMPENSATION CLAIMS NONE
INVESTIGATION OF 207-A CLAIMS NONE
INVESTIGATION OF 207-C CLAIMS NONE
INVESTIGATION OF WORKERS’ COMPENSATION CLAIMS NONE
INVESTIGATION OF DISABILITY CLAIMS NONE
INVESTIGATION OF SICK LEAVE CLAIMS NONE
PRE-EMPLOYMENT SCREENING NONE
MEDICAL INVESTIGATIONS NONE
MUNICIPAL GOVERNMENT OPERATIONS NONE
PRINCIPLES AND PRACTICES OF PUBLIC ADMINISTRATION NONE
INVESTIGATIVE TECHNIQUES AND PROCEDURES NONE
ABILITY TO CONDUCT AUDITS NONE
INVESTIGATION OF SICK LEAVE CLAIMS NONE
PRE-EMPLOYMENT SCREENING NONE
MEDICAL INVESTIGATIONS NONE
MUNICIPAL GOVERNMENT OPERATIONS NONE
PRINCIPLES AND PRACTICES OF PUBLIC ADMINISTRATION NONE
INVESTIGATIVE TECHNIQUES AND PROCEDURES NONE
ABILITY TO CONDUCT AUDITS NONE
DEVELOP AND ENFORCE INTERNAL AUDITING CONTROLS NONE
As the Inspector General possesses none of the qualifications required by law, he must be removed from his position immediately and his report retracted.
From our investigation, the Inspector General worked as a personal injury lawyer from the time shortly after his graduation from law school in 1990, until the time he was appointed to his position.
For the following reasons he is completely unqualified to conduct this or any other investigation:
NO EXPERIENCE AS A PROSECUTOR
NO CRIMINAL INVESTIGATIVE EXPERIENCE
NO EXPERIENCE IN LAW ENFORCEMENT
NO EXPERIENCE IN ANY GOVERNMENT POSITION
NO EXPERIENCE IN PUBLIC ADMINISTRATION
NO ACCOUNTING OR AUDITING BACKGROUND
NO EXPERIENCE AS A PROSECUTOR
NO CRIMINAL INVESTIGATIVE EXPERIENCE
NO EXPERIENCE IN LAW ENFORCEMENT
NO EXPERIENCE IN ANY GOVERNMENT POSITION
NO EXPERIENCE IN PUBLIC ADMINISTRATION
NO ACCOUNTING OR AUDITING BACKGROUND
**IT SHOULD BE NOTED THAT THE CITY’S OFFICIAL WEB SITE DOES NOT HAVE A BIOGRAPHY FOR THE INSPECTOR GENERAL AS IT DOES FOR MANY OTHER DEPARTMENT HEADS. FURTHER, IT DOES NOT MENTION HIS NAME OR POSITION UNDER THE DEPARTMENT SECTION OF SAME
The one qualification that the Inspector General should possess is the ability “to keep confidential information received during the performance of his duties” confidential as required by law.
From the combined experience of the authors of this response in both government and the criminal justice system, they are of the opinion that:
… IT IS A CLEAR DEPARTURE FROM ACCEPTED INVESTIGATIVE TECHNIQUES TO RELEASE A REPORT ACCUSING A PERSON OF CRIMES BEFORE A REFERRAL TO A PROSECUTOR’S OFFICE HAS BEEN MADE
…TO UNNECESSARILY ALERT A SUSPECT IN ADVANCE OF POTENTIAL CRIMINAL CHARGES VIOLATES BASIC INVESTIGATIVE PROCEDURES
…VIOLATION OF THIS BASIC PROCEDURE BY THE INSPECTOR GENERAL REFLECTS EITHER HIS LACK OF EXPERIENCE OR A DESIRE TO TARNISH THE REPUTATION OF THE COMPTROLLER FOR POLITICAL PURPOSES, WITH THE FULL KNOWLEDGE THAT THE ALLEGATIONS ARE BASELESS AND WOULD NOT BE TAKEN SERIOUSLY BY ANY LAW ENFORCEMENT AGENCY
…THE INSPECTOR GENERAL’S PRIOR BUSINESS ASSOCIATION WITH THE LAW FIRM OF THE NOW CHAIR OF THE MOUNT VERNON DEMOCRATIC CITY COMMITTEE SHOULD DISQUALIFY HIM FROM HOLDING THE POSITION OF INSPECTOR GENERAL AND INVESTIGATING ELECTED PUBLIC OFFICIALS
In an article not related to the Inspector General’s report, written by Glen Blain of the Journal News, dated April 25, 2008, Mr. Blain discussed the relationship between Chairperson Cannick and the Inspector General:
“CANNICK, 55, COULD NOT BE REACHED FOR COMMENT. HE IS A PRINCIPAL PARTNER IN THE QUEENS LAW FIRM OF AIELLO AND CANNICK. THE CITY’S NEW INSPECTOR GENERAL, HARRY STOKES, WAS ALSO A LAWYER AT THAT FIRM IN RECENT YEARS.”
As reported by Glen Blain of the Journal News, April 25, 2008
…AS CHAIR OF THE MOUNT VERNON DEMOCRATIC CITY COMMITTEE, DEVERAUX CANNICK IS DIRECTLY INVOLVED IN THE SELECTION AND NOMINATION OF ALL ELECTED OFFICIALS IN THE CITY OF MOUNT VERNON
…HE IS DIRECTLY INVOLVED IN THE NOMINATION AND SELECTION OF THE MAYOR, COMPTROLLER, CITY COUNCIL MEMBERS, AND JUDGES
…AS CHAIR HE WIELDS CONSIDERABLE POWER IN THIS PROCESS
…THE PRIOR BUSINESS RELATIONSHIP OF THE INSPECTOR GENERAL WITH THE NOW CHAIR RAISES ETHICAL ISSUES
In an article not related to the Inspector General’s report, written by Glen Blain of the Journal News, dated April 25, 2008, Mr. Blain discussed the relationship between Chairperson Cannick and the Inspector General:
“CANNICK, 55, COULD NOT BE REACHED FOR COMMENT. HE IS A PRINCIPAL PARTNER IN THE QUEENS LAW FIRM OF AIELLO AND CANNICK. THE CITY’S NEW INSPECTOR GENERAL, HARRY STOKES, WAS ALSO A LAWYER AT THAT FIRM IN RECENT YEARS.”
As reported by Glen Blain of the Journal News, April 25, 2008
…AS CHAIR OF THE MOUNT VERNON DEMOCRATIC CITY COMMITTEE, DEVERAUX CANNICK IS DIRECTLY INVOLVED IN THE SELECTION AND NOMINATION OF ALL ELECTED OFFICIALS IN THE CITY OF MOUNT VERNON
…HE IS DIRECTLY INVOLVED IN THE NOMINATION AND SELECTION OF THE MAYOR, COMPTROLLER, CITY COUNCIL MEMBERS, AND JUDGES
…AS CHAIR HE WIELDS CONSIDERABLE POWER IN THIS PROCESS
…THE PRIOR BUSINESS RELATIONSHIP OF THE INSPECTOR GENERAL WITH THE NOW CHAIR RAISES ETHICAL ISSUES
THIS RAISES THE QUESTION AS TO WHETHER THE INSPECTOR GENERAL’S PRIOR BUSINESS ASSOCIATION WITH DEVERAUX CANNICK, THE NOW CHAIR OF THE MOUNT VERNON DEMOCRATIC CITY COMMITTEE, WAS DISCLOSED IN HIS APPLICATION OF EMPLOYMENT
In conclusion the foregoing analysis raises the following questions:
Why was Harry Stokes, Esq. appointed to the position of Inspector General when he is not qualified to hold the position under the laws of the City of Mount Vernon?
Why was Harry Stokes, Esq. appointed to the position of Inspector General when he is not qualified to hold the position under the laws of the City of Mount Vernon?
Why would a personal injury lawyer with no experience as a prosecutor or criminal investigator, who has never held a position in government, be appointed to this position?
Why would Mr. Stokes, a person with known business ties to the now Chair of the Mount Vernon Democratic City Committee, who is directly involved in the nomination process of the Mayor, Comptroller, City Council members and City Judges, hold such a position?
Does this relationship constitute an ethical violation or conflict of interest?
Was this relationship between Mr. Stokes and Mr. Cannick’s law firm disclosed, or known to the Mayor and City Council before his appointment?
Was the Inspector General’s prior business relationship with the now Chair disclosed in his application of employment with the city?
Can an Inspector General appointed solely by the Mayor without the approval of the City Council be objective?
Are the baseless and false accusations contained in the Inspector General’s report due to his lack of understanding of the law and facts and/or a result of a political bias due to his relationship with the now Chair of the Mount Vernon Democratic City Committee?
Does this relationship constitute an ethical violation or conflict of interest?
Was this relationship between Mr. Stokes and Mr. Cannick’s law firm disclosed, or known to the Mayor and City Council before his appointment?
Was the Inspector General’s prior business relationship with the now Chair disclosed in his application of employment with the city?
Can an Inspector General appointed solely by the Mayor without the approval of the City Council be objective?
Are the baseless and false accusations contained in the Inspector General’s report due to his lack of understanding of the law and facts and/or a result of a political bias due to his relationship with the now Chair of the Mount Vernon Democratic City Committee?
THE ALLEGATIONS AGAINST THE COMPTROLLER ARE FALSE, AND CAN EITHER BE ATTRIBUTED TO THE INSPECTOR GENERAL’S INCOMPETENCE AND/OR POLITICAL MOTIVATIONS
The following general conclusions have been reached upon a reading of the report:
THE REPORT DEMONSTRATES THAT VALID INVESTIGATIVE TECHNIQUES WERE NOT EMPLOYED IN ITS CREATION
The following general conclusions have been reached upon a reading of the report:
THE REPORT DEMONSTRATES THAT VALID INVESTIGATIVE TECHNIQUES WERE NOT EMPLOYED IN ITS CREATION
IT IS FULL OF INACCURACIES AND INCONSISTENCIES, AND THE SUBJECTIVE OPINIONS OF THE INSPECTOR GENERAL
THE REPORT EVIDENCES INCOMPETENCE AND A CLEAR POLITICAL MOTIVATION & SHOULD BE RETRACTED IMMEDIATELY
The report of the Inspector General exhibits a complete lack of understanding of the powers and duties of the Comptroller:
THE COMPTROLLER DID NOT EXCEED HER AUTHORITY IN DELAYING PAYMENT TO THE WILSON ELSER FIRM
THE COMPTROLLER DID NOT EXCEED HER AUTHORITY IN DELAYING PAYMENT TO THE WILSON ELSER FIRM
THE COMPTROLLER IS THE SUPERINTENDENT OF THE FINANCIAL AFFAIRS OF THE CITY OF MOUNT VERNON
THE COMPTROLLER IS FULLY EMPOWERED TO SAFEGUARD THE PUBLIC TREASURY
THE COMPTROLLER IS AUTHORIZED TO AUDIT ANY CLAIM FOR PAYMENT TO THE CITY
THE COMPTROLLER IS EMPOWERED TO ISSUE SUBPOENAS TO OBTAIN DOCUMENTS, AND COMPEL SWORN TESTIMONY IN CONDUCTING SUCH AUDITS
ALL OF THE ACTIONS OF THE COMPTROLLER WITH RESPECT TO THE WILSON ELSER CLAIM WERE WITHIN HER LEGAL POWER AND ANY ACCUSATION OF OFFICIAL MISCONDUCT OR OBSTRUCTING GOVERNMENTAL ADMINISTRATION IS BASELESS AND FALSE
THE INSPECTOR GENERAL WILFULLY IGNORED THE CLEAR POWERS WHICH AS AN ATTORNEY HE FULLY UNDERSTANDS
THE INSPECTOR GENERAL WILFULLY IGNORED THE CLEAR POWERS WHICH AS AN ATTORNEY HE FULLY UNDERSTANDS
Further, the Comptroller’s actions in conducting an audit of the claim were responsible and reasonable:
· IN CONDUCTING THE AUDIT IT IS CLEAR THAT THE WILSON, ELSER FIRM WAS RETAINED IN CONNECTION WITH THE CITY COUNCIL’S INVESTIGATION OF THE PILOT PROGRAM PURSUANT TO ENABLING LEGISLATION, IN OCTOBER OF 2007
· THE LAW FIRM’S FIRST INVOICE CLEARLY STATES THAT IT IS FOR THE PILOT PROGRAM
· HOWEVER THE ITEMIZED BILL INDICATES THAT THE MAJORITY OF WORK PERFORMED RELATED TO THE APPOINTMENT OF RAVI BATRA AS SPECIAL COUNSEL TO MAYOR ERNEST DAVIS, WHICH WAS NOT AUTHORIZED BY THE CITY COUNCIL IN ITS ENABLING LEGISLATION OF OCTOBER 2007
· THE COMPTROLLER PROPERLY APPROVED THE PAYMENT OF BILLS RELATING TO THE PILOT PROGRAM
· THE CITY COUNCIL WAITED UNTIL MAY 2008 TO ENACT LEGISLATION FOR THE PAYMENT OF LEGAL SERVICES RELATED TO THE RAVI BATRA MATTER
· ONCE THE APPROPRIATE LEGISLATION WAS PASSED THE COMPTROLLER PROMPTLY AUTHORIZED PAYMENT OF THE BILL, WHICH HAD BEEN APPROVED BY THE BOARD OF ESTIMATE
· AS SUCH ALL OF THE ACTIONS OF THE COMPTROLLER WITH RESPECT TO THE WILSON ELSER CLAIM WERE WITHIN HER LEGAL POWER AND ANY ACCUSATION OF OFFICIAL MISCONDUCT OR OBSTRUCTING GOVERNMENTAL ADMINISTRATION IS BASELESS AND FALSE
· FINALLY, IT SHOULD BE NOTED THAT THE COMPTROLLER’S REPEATED REQUESTS TO THE CORPORATION COUNSEL, HELEN BLACKWOOD, ANOTHER MAYORAL APPOINTEE, REGARDING THE INSPECTOR GENERAL’S AUTHORITY OVER HER, HAVE NEVER BEEN RESPONDED TO
· IN CONDUCTING THE AUDIT IT IS CLEAR THAT THE WILSON, ELSER FIRM WAS RETAINED IN CONNECTION WITH THE CITY COUNCIL’S INVESTIGATION OF THE PILOT PROGRAM PURSUANT TO ENABLING LEGISLATION, IN OCTOBER OF 2007
· THE LAW FIRM’S FIRST INVOICE CLEARLY STATES THAT IT IS FOR THE PILOT PROGRAM
· HOWEVER THE ITEMIZED BILL INDICATES THAT THE MAJORITY OF WORK PERFORMED RELATED TO THE APPOINTMENT OF RAVI BATRA AS SPECIAL COUNSEL TO MAYOR ERNEST DAVIS, WHICH WAS NOT AUTHORIZED BY THE CITY COUNCIL IN ITS ENABLING LEGISLATION OF OCTOBER 2007
· THE COMPTROLLER PROPERLY APPROVED THE PAYMENT OF BILLS RELATING TO THE PILOT PROGRAM
· THE CITY COUNCIL WAITED UNTIL MAY 2008 TO ENACT LEGISLATION FOR THE PAYMENT OF LEGAL SERVICES RELATED TO THE RAVI BATRA MATTER
· ONCE THE APPROPRIATE LEGISLATION WAS PASSED THE COMPTROLLER PROMPTLY AUTHORIZED PAYMENT OF THE BILL, WHICH HAD BEEN APPROVED BY THE BOARD OF ESTIMATE
· AS SUCH ALL OF THE ACTIONS OF THE COMPTROLLER WITH RESPECT TO THE WILSON ELSER CLAIM WERE WITHIN HER LEGAL POWER AND ANY ACCUSATION OF OFFICIAL MISCONDUCT OR OBSTRUCTING GOVERNMENTAL ADMINISTRATION IS BASELESS AND FALSE
· FINALLY, IT SHOULD BE NOTED THAT THE COMPTROLLER’S REPEATED REQUESTS TO THE CORPORATION COUNSEL, HELEN BLACKWOOD, ANOTHER MAYORAL APPOINTEE, REGARDING THE INSPECTOR GENERAL’S AUTHORITY OVER HER, HAVE NEVER BEEN RESPONDED TO
As to the issue of the PILOT payments:
· THE INSPECTOR GENERAL’S REPORT STATES THAT THE INITIAL OBJECTIVE WAS TO INVESTIGATE WHETHER THE COMPTROLLER HAD EXCEEDED HER AUTHORITY IN DELAYING THE PAYMENTS TO THE WILSON, ELSER LAW FIRM
· IN FACT, THE REPORT THEN GOES ON A POLITICAL WITCH HUNT INVOLVING ALLEGATIONS REGARDING THE PILOT PROGRAM
· IN JULY 2008 THE INSPECTOR GENERAL ISSUED A REPORT CONCERNING THE PILOT PROJECTS
· IN JULY 2008 THE INSPECTOR GENERAL FOUND THAT THE IDA, WHICH IS CHAIRED BY THE MAYOR, AND RESPONSIBLE FOR THE PILOT PROJECTS DID NOT ADHERE TO REPORTING REQUIREMENTS
· THE JULY 2008 REPORT STATES THAT THE IDA INDEPENDENT AUDITOR FAILED TO INCLUDE ALL LEGALLY REQUIRED SUPPLEMENTAL SCHEDULES IN THEIR AUDIT REPORTS
· IN HIS JANUARY 2009 REPORT THE INSPECTOR GENERAL NOW ATTEMPTS TO CHANGE HIS POSITION AND BLAME ANY NUMERICAL VARIANCES ON THE COMPTROLLER. THESE VARIANCES CAN BE EASILY EXPLAINED, BY THE IDA AUDITORS OR ANYONE WITH AUDITING EXPERTISE
· THE INSPECTOR GENERAL’S ACTIONS AND HYPOCRISY IN THIS MATTER SPEAK FOR THEMSELVES
· HIS CONCLUSIONS AS TO THE ALLEGED FINANCIAL DIFFERENCES APPEAR TO BE THE RESULT OF HIS INABILITY TO ANALYZE THE FINANCIAL DATA CONTAINED IN THE AUDITOR’S REPORTS, WHICH IS A RESULT OF HIS FAILURE TO MEET THE BASIC QUALIFICATION OF AUDITING EXPERIENCE WHICH IS REQUIRED BY LAW
· THE INSPECTOR GENERAL’S REPORT STATES THAT THE INITIAL OBJECTIVE WAS TO INVESTIGATE WHETHER THE COMPTROLLER HAD EXCEEDED HER AUTHORITY IN DELAYING THE PAYMENTS TO THE WILSON, ELSER LAW FIRM
· IN FACT, THE REPORT THEN GOES ON A POLITICAL WITCH HUNT INVOLVING ALLEGATIONS REGARDING THE PILOT PROGRAM
· IN JULY 2008 THE INSPECTOR GENERAL ISSUED A REPORT CONCERNING THE PILOT PROJECTS
· IN JULY 2008 THE INSPECTOR GENERAL FOUND THAT THE IDA, WHICH IS CHAIRED BY THE MAYOR, AND RESPONSIBLE FOR THE PILOT PROJECTS DID NOT ADHERE TO REPORTING REQUIREMENTS
· THE JULY 2008 REPORT STATES THAT THE IDA INDEPENDENT AUDITOR FAILED TO INCLUDE ALL LEGALLY REQUIRED SUPPLEMENTAL SCHEDULES IN THEIR AUDIT REPORTS
· IN HIS JANUARY 2009 REPORT THE INSPECTOR GENERAL NOW ATTEMPTS TO CHANGE HIS POSITION AND BLAME ANY NUMERICAL VARIANCES ON THE COMPTROLLER. THESE VARIANCES CAN BE EASILY EXPLAINED, BY THE IDA AUDITORS OR ANYONE WITH AUDITING EXPERTISE
· THE INSPECTOR GENERAL’S ACTIONS AND HYPOCRISY IN THIS MATTER SPEAK FOR THEMSELVES
· HIS CONCLUSIONS AS TO THE ALLEGED FINANCIAL DIFFERENCES APPEAR TO BE THE RESULT OF HIS INABILITY TO ANALYZE THE FINANCIAL DATA CONTAINED IN THE AUDITOR’S REPORTS, WHICH IS A RESULT OF HIS FAILURE TO MEET THE BASIC QUALIFICATION OF AUDITING EXPERIENCE WHICH IS REQUIRED BY LAW
The Inspector General’s claims of perjury, filing a false instrument, falsifying business records are not supported by any credible evidence, are baseless and false, and are the result of an attorney attempting to twist and contort the facts for political reasons.
The Comptroller of the City of Mount Vernon is an independent elected official who is the Chief Financial Officer of the City. In that capacity and as a Certified Public Accountant she has an unblemished record. It is truly regrettable that due to incompetence and/or political motivation the Inspector General in a willful fashion, with a reckless disregard for the truth has attempted to tarnish the reputation of a distinguished public official. The Inspector General’s lack of legal qualifications to hold his position, the absence of any real professional experience to conduct such an investigation, the ethical issues that are present from his prior business association with the now Chair of the Democratic City Committee, require his immediate removal and the retraction of his January 2009 report.
DATED: MARCH 9, 2009
DATED: MARCH 9, 2009
______________________ ____________________
GEORGE FUFIDIO, ESQ. JOHN P. DIBLASI, ESQ
GEORGE FUFIDIO, ESQ. JOHN P. DIBLASI, ESQ
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