Removed commissioners’ appeal continues to leave mark on proceedings
After missing the opportunity last month to make appointments to two vacant seats on the Tuckahoe Housing Authority (THA) board of commissioners, Mayor John Fitzpatrick (D) halfway made good on his promise to do so at this month’s meeting of the Tuckahoe Village Board.

At its March 1 meeting, the board did succeed in appointing John DiSisto, who came at the recommendation of Trustee Luigi Marcoccia (R) to one seat on the THA Board of Commissioners, but the second vacancy remains, over three months after commissioners Phil White and Kevin McBride were both removed from their posts in a hearing on Nov. 13, 2009 at Village Hall.

According to Fitzpatrick, a second would-be appointee wanted to have more discussion about the nature of the position before accepting it. “I’m positive there will be a second person on the board [at the March 22 meeting],” said the mayor.

Speaking on DiSisto, who was confirmed unanimously by the Village Board Monday night, Fitzpatrick referred to him as a “gentleman” and a “very community-minded guy” and described how DiSisto embodied the character the mayor is seeking most in his commissioner appointments.

“He has no housing authority experience, but our first order of business is to get him trained,” said Fitzpatrick. “We need people who are going to make sound judgments for the residents.”

Marcoccia explained why he strongly encouraged the appointment of DiSisto, who he says has a background in accounting and is “familiar” with building management.
“He’s somebody that will serve not only that board but the community well,” said Marcoccia. “It’s an excellent choice, and I’m glad that the board agreed.”

Marcoccia said that DiSisto’s experience as a member of the Tower Club (residential development) Board of Trustees and as a first vice president of the Lions Club demonstrated his community focus.

Tuckahoe Trustee Clare Gorman (D) said she was also impressed with the involvement and integrity of the recent appointee.

“He’s out there doing for others and helping the community, and I actually think he’s a great choice,” she said of DiSisto, whose term expires July 5, 2011. She particularly noted the appointee’s opportunity to provide a much-needed “fresh look at things” for the THA.  

In January, Fitzpatrick had expressed interest in re-appointing former commissioner Ed Bonci to one of the open seats. Bonci resigned in the summer of 2008, when Fitzpatrick requested the resignation of all members of the THA board after an audit conducted by the Department of Housing and Urban Development brought to light a number of irregularities in THA finances.

Last month, Fitzpatrick stated that the board was “not going to go in that direction,” stating that Bonci had been passed over in order to look at possible appointees with a wide range of expertise.

However, Fitzpatrick revealed Tuesday that he had still been interested in Bonci’s reappointment but had been persuaded, on the advice of the board, to take a different route in light of the Article 78 appeal (used to plead a case of wrongful removal from a public position) currently being pursued by White and McBride. The two ousted commissioners are being represented in their appeal by another former THA board member, Anthony DeCintio (DeCintio would also have faced removal by the mayor had his term not expired before such action could be taken.)

Although he followed the advice made by the other board members and the village attorney, Fitzpatrick said he “still thought that the merit of Mr. Bonci’s actions … should weigh in that decision more than this lawsuit by this group of people that doesn’t think there was anything going on there.”

Fitzpatrick argued that Bonci had been incredibly helpful in shedding light on the poor practices of other leadership of the THA during his short term on the board.
“Before we even got the audit up and running, he was the one explaining to us [about] meetings taking place out of the public eye.”

The Article 78 appeal filed by DeCintio and received by the county clerk’s office on Jan. 28 is the most recent chapter in a several-year saga of alleged mismanagement in the housing authority, which has been widely reported in the pages of this newspaper.

The document assembled by DeCintio makes several references to the idea that the commissioners’ improper training, rather than any intent, was responsible for poor management practices at the THA.

DeCintio’s appeal also states that, “Upon information and belief, Respondent Mayor [Fitzpatrick] suspended DeCintio and removed McBride and White as THA Commissioners for political reasons, and specifically, to prevent the proposed senior housing complex from being built.”

The document goes on to address several purported illustrations of the “sham nature” of Fitzpatrick’s decision to remove the commissioners.

In its response to the Article 78 proceeding, the village challenges the claim that the commissioners’ lack of training was at the heart of any violations during their time on the board.

“It should not require training,” states the village’s response, “to understand that: a HUD Report should be taken seriously; subpoenas and FOIL requests should not be ignored; binge trips from Westchester to Atlantic City at the public’s expense are simply wrong; and allowing a senior housing project to languish is not the proper role of a Housing Authority.”

DeCintio’s petition requested Feb. 26 “or as soon thereafter as counsel may be heard” as the date for the Article 78 hearing. As of a recent conversation, Fitzpatrick had not been informed that any hearing date had been set.