The Northern Westchester Examiner

Ethics Board May Probe Peekskill Mayor’s Alleged Bullying

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Peekskill Mayor Frank Catalina
Peekskill Mayor Frank Catalina

The Peekskill Common Council may vote this week to fund an outside attorney for the city’s Ethics Board to investigate claims made by the Democratic majority that Mayor Frank Catalina has allegedly been bullying and threatening some high level city staff.

Judith Ehren, chairwoman of the four-member Ethics Board and a former Democratic district leader, admitted under questioning from Catalina during a work session last week that no formal complaints have been filed against Catalina, saying “it’s merely a preliminary inquiry.”

She maintained the Ethics Board, which consists of two Democrats, one Republican and one independent member, was reacting to the Democratic majority’s press release issued earlier this month “among other things.”

“It’s really not a partisan action. They’re just trying to find out what’s going on,” said Deputy Mayor Drew Claxton.

Catalina thinks otherwise, and wondered how the Ethics Board could act as “cop, judge, jury and the executioner.” He also criticized the Democratic majority, specifically Claxton, for making public assertions about his character without presenting any facts or names to back up their allegations.

“It’s a vicious personal attack that’s not factual,” he fumed. “In my 32 years as a lawyer I have never had an ethics complaint filed against me. Back it up or shut up. It’s beyond bizarre. It’s sublime.”

Catalina has denied using any bullying tactics, but admitted he requested that City Manager Anthony Ruggiero and Corporation Counsel Edward Dunphy resign from their positions following several differences of opinion. Catalina said if he had the votes on the council he would fire Ruggiero and Dunphy.

Dunphy chose to resign, effective June 5, while Ruggiero declined. Last week, Catalina issued a press release outlining issues he’s had with Ruggiero, something he noted he refrained from doing until the Democrats decided to take him to task.

“Since taking office I have had difficulties working with the city manager and city attorney and have been (privately) critical of their performance on various issues and firmly believe the Democrat’s press release was a preemptive personal attack on me as the internal difficulties were about to become public,” Catalina said. “In the first four months that I have been in office I have been shocked at what I’ve found starting with the hiring of a city manager that does not meet the requirements of the City Charter.”

Catalina has been asking for a legal opinion from Dunphy about whether the Common Council violated the City Charter when they hired Ruggiero as city manager last June to a five-year contract at an annual salary of $163,000. According to the Charter, a city manager is required to have at least three years’ experience as a city manager and reside in the city. Ruggiero, who lives in Fishkill, had worked for the city for 13 years, mostly in planning, before leaving in January 2013 to become Putnam County’s commissioner of planning.

“Several actions of the city manager have led me to conclude the city is not being well served by him and given the lack of qualifications, particularly experience, his conduct and embarrassing mistakes and other decisions that have caused great financial loss,” Catalina contended. “It’s not that he’s a bad person but I can think of 20 guys I would hire in a minute instead of this guy. I don’t think I run the city. I don’t want to run the city. We are not a city manager pure form of government. We are a hybrid. I’m his check and balance.”

Claxton defended Ruggiero, who could not be reached for comment, and claimed Catalina’s public dress down of the city manager was an example of his bullying manner.

“Anthony is quite competent. He’s also quite ethical and fair. He wants a professional city. He’s not a guy to hire your friends or your relatives,” Claxton said. “I know the majority of the council found him to be very capable. If you’re going to attack someone’s reputation in the press, that’s a bullying tactic. How is that not? I think he likes the battle. We like to get work done.”

One of the specific items Catalina criticized Ruggiero over was a fireman’s contract settled in December 2012 that he said has yet to be signed or typed up. He also said Ruggiero allowed the contract with the B.I.D. (Business Improvement District) to expire on December 31, leading to “a virtual civil war between the downtown business owners and resulted in the Cinco de Mayo celebration to be within hours of being cancelled. This was a cause of great embarrassment to the city.”

Catalina mentioned a litany of other complaints he had, but emphasized “the single most serious breach of my confidence in the city manager” was Ruggiero withholding information regarding a legal settlement with Peekskill Police Sergeant Ray Henderlong. No details of the investigation with Henderlong have been revealed publicly or to the Council. A settlement was recently reached where Henderlong will remain out on sick leave until he retires in August 2015, according to Catalina.

The mayor was particularly incensed that Ruggiero hired outside legal counsel for the case without the consent of the Common Council. One of Catalina’s main campaign promises was doing away with hiring of outside counsel.

“The charter specifically requires the mayor and Council approve any and all hiring of outside counsel. The city manager never came to the Council for the hiring approval nor authority to settle the case notwithstanding the mayor and Council were named parties,” Catalina stated. “I have directed that no payment to this firm be made until we sort out who is going to be responsible for it.”

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