Supreme Court to consider request to overturn City Council actions

MOUNT VERNON — A state Supreme Court justice will consider Mayor Richard Thomas’ request to annul the City Council’s efforts to remove Mayor Thomas from office.

Justice Lawrence Ecker scheduled a hearing on the matter Wednesday, July 31, at 2 p.m.

“I thank the court for due process,” said Mayor Thomas on Friday. “My goal is to protect the interests of the city. We have a situation where the City Council is simply trying to facilitate what we believe to be an illegal coup d’etat. The objective and key results of the work being finalized between now and Sept. 30 is to facilitate a transition that is gradual, orderly and proper for the next administration. Without that, we run the risk of exposing the taxpayers to serious and avoidable property tax hikes-the equivalent of landing an airplane like a helicopter.”

On July 10 the City Council declared Councilman Andre Wallace mayor. Since then Wallace and Comptroller Deborah Reynolds have disrupted Mayor Thomas’ salary and the salaries of others in his administration.

Under a July 8 agreement with the New York Attorney General and the state Supreme Court, state officials agreed to allow Mayor Thomas to stay in office until the end of September so that his administration can conclude pending municipal agreements and prepare for a smooth transition.

The City Council up-ended the agreement with the Attorney General through its actions, and Mayor Thomas is calling for state intervention in his legal case against the City Council.

Mayor Thomas’ legal filings argued that the City Council may only exercise legislative powers and that it may not interpret or enforce laws since these are judicial and executive functions.

Mayor Thomas’ attorney also referenced past court orders and decisions against the City Council when they previously tried to fire mayoral appointees and withhold salaries.

In 2017 Supreme Court Justice Lefkowitz issued multiple orders, determining that the City Council exceeded its legislative function when it declared the positions of Corporation Counsel, Commissioner of Public Works and Deputy Police Commissioner to be vacant. Justice Lefkowitz found that the Council was exercising a judicial and executive function in violation of the City Charter. She also enjoined them from interfering with Mayor Thomas’ day to day management and operation of the City in a decision which was unanimously affirmed by the Appellate Division.

Mayor Thomas also cited a 2016 court order to end the City Council’s effort to undermine his administration and ability to govern immediately upon taking office. In that case Supreme Court Justice Neary ordered the City Council President and the Comptroller to stop issuing and signing City checks without the Mayor’s countersignature as required by the City Charter.