Court Rules Against Dems in Budget Battle, Lawsuit

The Westchester County Supreme Court has ruled that the Peekskill Common Council acted beyond its authority in its passage of the 2016 budget -- an issue that was the focus of a lawsuit by two residents against the councilmembers.

"I am pleased that the Court has ruled in exactly the manner I expected and declared that these councilpersons acted without legal authority," said Mayor Frank Catalina in a written statement. "The years of one party control and domination of City affairs ended when I took office and hopefully that is now understood by the self-described "majority". This is exactly what happens when they practice politics inside the Council Chamber and why I constantly plead with them to please leave their politics outside of the Chamber."

The budget, with a 3.6 percent property tax rate increase, was passed Dec. 1, 2015 in a hastily-called meeting the night after the Common Council had met and voted twice on the same budget resolution, the Peekskill Post reported.

That meeting was illegal, said Catalini, who posted a statement on the city’s website after he walked out of it.

It is unclear who called the Dec. 1 meeting.

According to the lawsuit, Deputy Mayor Drew Claxton, Councilman Darren Rigger, Councilwoman Vivian McKenzie and Councilwoman Kathleen Talbot were at the meeting and voted to adopt the Common Council’s version of the budget.

Because the Dec. 1 budget vote was thrown out, the $37.3 million budget proposal from the City Manager, with its 5.9 percent tax rate increase, takes affect.

As documented on the Mayor's page on the City of Peekskill website, the NYS Committee on Open Government found that they conducted an improper meeting.

"Regardless of whether or not they have a 'majority', they simply cannot do whatever they want, without consequence. We all took a solemn oath to uphold the Constitution and the Charter of the City of Peekskill. You don't get to ignore the law because you think the ends justifies the means and flippantly challenge citizens that if they don't like it, to 'sue me,'" Catalina said in reference to what he termed the "unprofessional and toxic comments" made by Councilwoman Vivian McKenzie.

His statement continued: "One day, someone with the means will actually be so disgusted at your comments and attitude, that they WILL sue you. Unfortunately for the City, and Ms. McKenzie, that day came with this lawsuit. We now have to live with the Courts overturning the petulant and arrogant acts of Council members, McKenzie, Talbot and Claxton. I only hope they have learned a valuable lesson from this civics lesson and that is no one is above the law; bad things happen when you bring politics into the Council Chamber and the ends never justify illegal means. I urge them to rededicate themselves to be guided by these principles."