“Illegal” – that is how NY State Supreme Court Justice Cacace described the December 1, 2015 actions by Councilpersons Claxton, McKenzie, Rigger and Talbot. They broke the law and, as Justice Cacace declared, they also broke provisions of the Peekskill City Charter.
The immediate remedy for such egregious actions by the Democratic majority of the Council is the City Manager’s Tentative 2016 Budget now becomes law, causing a 5.9% tax increase instead of the 3.59% tax increase that the Republican Council members fought for.
The long-term remedy is that Claxton, McKenzie and Talbot must follow Chapter C, Article IV § 25 of the Peekskill City Charter regarding “Penalty for violation of Duty” which states that any officer who “violates or evades any provision of law or of this Charter… shall, on conviction forfeit his/her office.” The only question is whether they will finally do right by the citizens of Peekskill and leave on their own volition or will they require another lawsuit to make them abide by the law. InsidePEEK predicts they will ignore the City Charter once again, and cause further chaos.
As we stated in our previous post announcing the lawsuit, when challenged about the illegal December 1st meeting, Councilwoman McKenzie declared “sue me.” As we know, somebody did. Now she and her cohorts must pay – with the loss of their elected positions. The taxpayers of Peekskill will also pay, with a higher tax increase than what Mayor Catalina proposed.
Previous Posts on this topic:
Peekskill Council Majority Sued Over Illegal Meeting
Evidence Clear Council Majority Acted Illegally
Remember – on November 30, 2015, well after the election, Claxton, McKenzie, Rigger and Talbot voted to authorize the ability to enact a property tax levy above the mandatory 2% Property Tax Cap. This vote was taken even though a tenant of the 2015 “Positively Peekskill” platform was that they would not vote to go above the tax cap. That didn’t take long – just 3 weeks to prove they were lying all through the campaign.
Reading the attached Judgment by Justice Cacace one is stunned by the total disregard for law and the City Charter. The Council Majority violated every procedure and law in place to take their illegal actions. Some of the words used by the Court to describe the actions of Claxton, McKenzie, Rigger and Talbot: “Invalid, null and void” adoption of the budget; “failure to comply with Peekskill City Code”; “none of those provisions (of the City Charter) were complied with”; the budget vote was “unlawfully undertaken during an invalid Special meeting”; “failed to lawfully adopt a budget.”
Sadly, this court judgment declaring illegal activity is not the end of Peekskill’s embarrassment. Far from it. There is much more to be settled. The Westchester District Attorney’s Office investigation on Claxton’s illegal grants is in full swing and other investigations by NY State Comptroller and Attorney General’s Offices are ongoing against The Preservation Company and their parent organization, Hudson River Healthcare.
There is also McKenzie’s illegal and unethical sharing of confidential employee information by forwarding an official email to a political operative.
InsidePEEK believes the only way the City of Peekskill can move forward in a positive manner is for the perpetrators of all the illegal and unethical actions to resign – and go away. The hubris, contempt and arrogance by the guilty is extraordinary. It has made Peekskill the embarrassment of Westchester. Unfortunately, it will continue as long as those causing it remain in City Hall.