CITY OF MOUNT VERNON _ COUNTY OF WESTCHESTER STATE OF NEW YORK IN RE: AN INVESTIGATION PURSUANT TO ARTICLE V §50 OF THE CHARTER OF THE CITY OF MOUNT VERNON To Subpoena Duces Tecum Honorable Maureen Walker Comptroller of The City of Mount Vernon 1 Roosevelt Square Mount Vernon, NY 10350 GREETING: Article V § 50 of the Charter of the City of Mount Vernon, “Investigations of Public Officers and Public Affairs” reads: ‘The City Council shall have power to investigate all City officers, all departments and all public affairs of the City and shall have access to all records and papers kept by every City officer or department and shall have power to compel the attendance of witnesses and the production of books, papers or other evidence at any meeting of the City Council or of any committee thereof, and for that purpose may issue subpoenas to be signed by the President of the City Council. The expenses of all such investigations including, but not limited to, employment of special counsel in the event the Corporation Counsel is disqualified from serving, experts and stenographers, shall be and constitute a charge upon the general funds of the City. WE COMMAND YOU pursuant to the authority of Article V § 50 of the Charter of the City of Mount Vernon that all business and excuses being laid aside, to appear and attend before The Honorable City Council, on Friday, the 10" day ofJanuary, 2014, at 6:30 p.m. in the City Council Chambers, in the City of Mount Vernon, County of Westchester, and at any recessed or adjourned date of the examination, to testify, give evidence, and produce for examination true copies with attestation as to accuracy: 1. A list of all outstanding payables for the fiscal years 2011, 2012 and 2013 listing receipt date, vendor, and provide a description of the services rendered. Also, tabulate the total amount of said payables. Last, provide this information in Paper, PDF, and Excel format. The corresponding revenue report, assets report, liabilities report, capital projects report, and any other pertinent data in Excel Format for the fiscal years 2011, 2012 and 2013. In lieu of personal appearance you may comply with this subpoena by providing the demanded materials so that they are received in hand by The City Clerk, Mr. George Brown, on or before the return date. PRESIDENT OF THE CITY COUNCIL a ROBERTA L, APUZZO Dated: January 8, 2014 Mount Vernon, NYMaureen Walker, C.P.A. CITY OF MOUNT VERNON Comptroller OFFICE OF THE COMPTROLLER CY HALL ROOSEVELT SQUARE First Deputy Comptroller MOUNT VERNON, NY 10550 (014) 665.2442 FAXNO. (614) 665-8514 Susie Valentin Second Deputy Comptroller January 10, 2014 Memorandum to: Nichelle Johnson Corporation Counsel From: Maureen Walker, CPA ge Comptroller This letter is being sent to the City’s Corporation Counsel as the legal representative of the City Council in the matter of a subpoena prepared by the city’s Law Department on behalf of the City Council and served on the City Comptroller. My office will not comply with the subpoena issued by the City Council for several reasons. The main reason is that the City’s Law Department is actively representing the interest of the City Council and has refused, despite two written requests, to provide the Comptroller's Office with unbiased legal representation (as required by article IV, Section 50-44 of the Mount Vernon City Code). It is my opinion that the City’s Law Department cannot adequately represent the interest of opposing parties (City Council and Comptroller's Office) at the same time and on the same matter. cc: Mayor Ernest D. Davis(T COUNSEL ERNEST D. DAVIS ‘HINA SHERWANI MAYOR BRIAN G. JOHNSON {JENNIFER RATAN NICHELLE A. JOHNSON CITY OF MOUNT VERNON, NEW YORK ‘OSAFO BARKER CORPORATION COUNSEL DEPARTMENT OF LAW CITY HALL One ROOSEVELT SQUARE, MOUNT VERNON, NY 10560 Ne Rog) eubanne «Fax F14) 6050142 ICHAEL V. LENTINE wo MOLT EROONS.U8 MEMORANDUM To: Maureen Walker, C.P.A., Comptroller cc: Emest D. Davis, Mayor FROM: Nichelle Johnson, Corporation Counsel of DATE: January 8, 2014 RE: Subpoena ~ City Council Madame Comptroller, | am in receipt of your correspondence dated January 3, 2014 and January 8, 2014 regarding the above referenced matter. And as | discussed with you yesterday during our phone call, we disagree that we are conflicted out to represent you before the Council if you believe you need and want representation. So that itis clear, | did not ignore your first 2 correspondence which | saw for the first time yesterday, January 7, 20%Bas- result of being out of the office Friday, due to the snow storm and Mondzy, 28. result of the building being closed. It is our understanding that the Council has requested documentation regarding financial matters affecting the City’s budget. As there is no paling court intervention or any other adversarial proceeding, we do not perceivg th request for records to impose a conflict. Section 50-44 of the City Chartss establishes that this office determines based upon our investigation and YBview of the facts and circumstances of the case, that representation by the Corporation Counsel would be inappropriate. We have not made that determination. If you supply documents that you believe are responsive to the request — an appearance will not be necessary. ‘As you know we have at least two (2) Senior Attorneys in this office and at east two (2) Junior Associates, with only one, Mr. Osafo Barker working directly with the City Council. In this regard, we are more than happy to provide you with an attorney of your choice from this Department during your scheduled appearance before the City Council -should an appearance be necessary. We will await your direction on whether you plan to appear and you want an attorney to accompany you. “THE CITY THAT BELIEVES"Maureen Walker, C.P.A. CITY OF MOUNT VERNON Comptroller OFFICE OF THE COMPTROLLER CTY HALL, ROOSEVELT SQUARE First Deputy Comptroller MOUNT VERNON, NY 10550 FAXNO. (14) Pe (14) 665-2442 FAX NO. (914) 665-8514 Second Deputy Comptroller January 8, 2014 Memorandum to: Nichelle Johnson Corporation Counsel From: Maureen Walker, CPA Comptroller In response to your letter of Wednesday, January 8, 2014, the information requested by the City Council is totally and completely irrelevant to the City’s budgeting process and has absolutely no bearing on it. None of the requested information was used in compiling the 2014 budget (or previous city budgets) which for all practical purposes, is in place and will be used for a public hearing on Friday, January 10, 2014. ‘The information requested by the Council represents an overreach by the legislative body into the day-to-day financial operations of the Department of Finance. The day-to-day financial operations of the city and the annual budgeting process are for all practical purposes, mutually exclusive events. Your “understanding that the Council has requested documentation regarding financial matters affecting the City’s budget” appears to suggest that you do not understand the nature of the request. It may be a useful exercise to solicit the services of a financial professional to interpret the Council 's request and its, relevance to the budgeting process. If you wish to discuss the relevance of the Council’s request to the budgeting Process with me, I would be willing to do so. Thank you. cc: Mayor Ernest D. Davis