Peekskill Councilman Refuses to Resign Over Judge Controversy

Peekskill Councilman Ramon Fernandez is adamantly declining a public request from most of his council colleagues to resign over his alleged involvement in fixing tickets that led to the departure of City Court Judge Reginald Johnson.

Johnson, the first Black judge in Peekskill’s history, resigned from the bench, effective Sept. 30, following a probe from the New York State Commission on Judicial Conduct.

It is alleged Johnson dismissed 11 traffic tickets between March 2018 and November 2022 based on personal relationships with the defendants or persons close to the defendants and not on the merits.

According to the stipulation between Johnson and the commission, on Mar. 9, 2018, Mateo Piragua was charged with operating a motor vehicle without a driver’s license and using a cell phone. On June 15, 2018, Piragua was charged again with driving without a license and failing to stop at a stop sign.

Piragua is a family friend of Fernandez, having been involved together in local soccer activities.

The commission stated Fernandez met with Johnson about the tickets in June or July 2018, “expressing his view that the tickets were unjust and that Mr. Piragua was a good person.” He also allegedly understood from Johnson’s response that the tickets would be dismissed.

On July 27, 2018, Johnson dismissed the tickets without notice or consent from either Peekskill City Prosecutor Ingrid O’Sullivan or the Peekskill Police Department.

Based on that “sworn testimony,” a press release was issued Sept. 24 from Peekskill Mayor Vivian McKenzie’s office stating, “Regarding the unfortunate matter in the Peekskill City Court involving Councilman Fernandez, the Common Council reviewed the sworn testimony. Upon review of the testimony, the majority believes it is in the best interest of the City of Peekskill that he resigns from his position.”

“The Common Council and I take this matter very seriously and will continue to work for our constituents with integrity,” the release concludes.

When reached by phone Sept. 26, McKenzie said a supermajority of the seven-member council (at least five members) agreed Fernandez should step down, but was unclear when asked if a special meeting was held to reach the decision. She said the matter was referred to the city’s Board of Ethics.

Councilwoman Kathleen Talbot said she was contacted by phone about McKenzie’s plan to have Fernandez resign, but she opposed it.

“I think that it’s premature,” Talbot said. “If it’s going to the Board of Ethics, let them do their process. You’re giving a message to the Board of Ethics, aren’t you? There’s probably more to it than meets the eye. Ramon cares about people. He’s a good representative. The whole thing is just really unfortunate.”

None of the other councilmembers could be reached for comment.

While declining to comment on the information contained in the commission’s report, Fernandez, who has been on the council since 2018 and is considering running for mayor next year, said he was not surprised by the call for his resignation, chalking it up to “dirty politics.”

“I will not resign. I did nothing wrong,” Fernandez remarked. “I’m going to fight this at all levels. I hold my head high. I will fight for the truth.”

Fernandez also contended it was a “double standard” that McKenzie publicly is calling for his resignation, but remained silent when Councilman Rob Scott was charged by the Westchester County District Attorney’s Office last April for allegedly filing petitions containing forged signatures in his failed attempt to force a Democratic primary for a seat on the Westchester County Board of Legislators.

Scott, who was elected to the Common Council in 2021, was arrested by the Westchester County District Attorney’s Office and charged with the felony count of first-degree offering a false instrument for filing.

According to District Attorney Mimi Rocah, on Apr. 10, 2023, Scott, who was vying to challenge incumbent county Legislator Colin Smith in District 1, allegedly filed designating petitions with the Westchester County Board of Elections containing forged signatures of eight individuals. Those people later told investigators that they never signed a petition for the defendant.

The alleged forged signatures appeared on three of the 37 sheets that Scott signed as a witness.

Criminal investigators from the district attorney’s office launched an investigation after receiving complaints from individuals who attested their signatures were forged.

“It’s two very different things,” McKenzie said when asked about Fernandez’s “double standard” claim. “Councilman Scott said he is not guilty and is fighting his case in court. Councilman Fernandez admitted in his testimony that he could have violated the Code of Ethics.”

Talbot maintained Scott’s case is more serious than Fernandez, saying, “I don’t think they’re equal. One is an ethics violation. The other is a felony investigation.”

The Hispanic Democrats of Westchester weighed in on the situation, strongly condemning McKenzie.

“This transparent abuse of power is nothing more than an act of retaliation against a public servant who has served his community with the utmost respect since 2019,” the statement read, noting Fernandez is the only Hispanic member on the council in a city where Hispanics comprise more than 40 percent of the population.

“The mayor is trying to silence the voice of a formidable candidate who intends to challenge her in the next election. There is no place in our democratic process for vindicative and abusive action of elected officials,” the statement continued. “The Hispanic Democrats of Westchester call on the mayor to retract her statement and calls on the Peekskill Board of Ethics to investigate the mayor’s illegal action, report its findings to the public, negate any purported action taken at the unlawful meeting, and take action to force the mayor’s resignation.”

The Peekskill Democratic City Committee also issued a statement, maintaining that anyone who has proven to have violated an oath of office should not remain in office.

“Two of our duly elected Common Council members have come under scrutiny for alleged violations. One has testified to having used his influence to affect a judicial decision, and the other continues to declare his innocence of felony charges related to election law. It is up to the Mayor and Common Council to determine what will happen next,” the committee stated.

Meanwhile, another prominent leader in Peekskill has been caught up in the Commission on Judicial Conduct’s investigation of Johnson, who was also accused of addressing sexual innuendos and other inappropriate remarks to court staff and attorneys on at least two occasions. On at least one occasion, he “touched or caressed his co-judge’s arm without invitation or permission, and otherwise said offensive things to her.”

He also allegedly berated, screamed and treated court staff discourteously, and engaged in an “unauthorized ex parte communication with a government official regarding a pending criminal matter.”

According to the commission’s findings, on Jan. 31. 2019, Peekskill Superintendent of Schools Dr. David Mauricio was charged with traveling 55 miles per hour in a 45-mile-per-hour zone. In January or February 2020, while Mauricio was attending a community event with Johnson and his wife, Pamela Hallman-Johnson, a former member of the Peekskill Board of Education, Mauricio allegedly asked Johnson to look into his ticket and shared some “purportedly mitigating circumstances.”

On Feb. 6, 2020, Johnson dismissed Mauricio’s ticket. That same day, Hallman-Johnson texted Mauricio to advise, “My husband took care of that issue today.” Mauricio responded, “Tell your husband I said a big thank you.”

E-mails to Mauricio and the Peekskill School District’s communications manager seeking comment were not returned.