Yonkers Com'n on Human Rights v. City of Yonkers
| Decision Date | 24 February 1987 |
| Docket Number | No. 86 Civ. 4912 (CLB).,86 Civ. 4912 (CLB). |
| Parties | YONKERS COMMISSION ON HUMAN RIGHTS, Plaintiff, v. The CITY OF YONKERS; Arthur J. Doran, Individually, and as City Manager of The City of Yonkers; Nicholas De Santis, Individually, and as Commissioner of Fiscal Services of the City of Yonkers; Jimmy McDonald; and Rodney H. Irwin, Defendants. |
| Court | U.S. District Court — Southern District of New York |
Lawrence Porcari, Yonkers, N.Y., for plaintiff.
Jay B. Hashmall, Corporation Counsel, Yonkers, N.Y., for defendants.
This is an action for declaratory and injunctive relief and for damages, arising from certain actions of the defendants which allegedly "prevented or hindered the securing of equal protection of the laws" and "deprived plaintiff of its property without due process of law", in violation of the equal protection and due process clauses of the Fourteenth Amendment, and the Civil Rights Act, 42 U.S.C. §§ 1981, 1983 and 1985. Jurisdiction of this Court is founded upon 28 U.S.C. §§ 1331 and 1343.
The case was fully submitted to this Court for a decision on January 27, 1987, the date on which oral argument was heard upon the motion of defendants to dismiss or for summary judgment,1 and the cross-motion of plaintiff for various forms of relief, as discussed in detail below.
Plaintiff, Yonkers Commission on Human Rights ("the Commission"), is a public body constituted under the laws of the State of New York and comprised of individuals duly appointed by the Common Council of the City of Yonkers. The Commission has fifteen members, not all of whom have been currently appointed (Affidavit of Jay B. Hashmall, Esq., counsel for defendants, at 1) (hereinafter "Hashmall Aff."). The Commission was created by the City of Yonkers in 1963 by Resolution No. 622-1963 of the Common Council of the City of Yonkers, in accordance with the enabling statute, sections 239-o to 239-t of the New York General Municipal Law.
This state legislation set forth all the duties, powers and general obligations which are to be held by such a commission. (§§ 239-q and 239-r, respectively, of the New York General Municipal Law). The operational resolution of the Common Council of the City of Yonkers (Exhibit F to Defendants' Motion) restated the Commission's duties, set the number of Commission members and appointed its original members. See also By-laws of the Yonkers Commission on Human Rights, Article 1 (Exhibit D to Defendants' Motion). Among these duties, as stated by plaintiff in its Complaint, are the duty to receive and investigate complaints of various civil rights violations, to render assistance in the enforcement of those rights, to inquire into complaints of discrimination and other deprivations of rights involving various departments of city government, city schools and federally assisted housing.2 The Commission is empowered to "inquire into" incidents of tension and conflict among or between various racial, religious and nationality groups, and to take "such action as may be designed to alleviate such tensions and conflict." § 239-q(1)(c), General Municipal Law. The authority specifically designated to the Commission, "where and to the extent authorized by local law or ordinance", is the power:
In addition, administratively under section 239-p, it has the power and authority to employ an executive director, a secretary, and such attorneys, experts and other employees as may be necessary "within the amount made available by the local governing board." The power to initiate a lawsuit is not included among the legislatively enumerated powers of plaintiff Commission.
Defendant, the City of Yonkers ("the City"), is a municipal corporation organized under the laws of the State of New York and which operates pursuant to New York State Law and the Charter of the City of Yonkers. . The Common Council of the City of Yonkers is the legislative body and governing board of the City. .
Pursuant to Section 239-p of the General Municipal Law of the State of New York, the City has an option to fund the Commission or not to so fund:
"... Each county, city, village and town is hereby authorized and empowered to make such appropriation for such expenses and for the compensation, if any, to be paid to the members of the commission."
See also Section 5-13, Yonkers City Code (). In recent years, the City has chosen not to fund the Commission. (Hashmall Aff. at 2). Since the creation of the Commission in 1963, the members of the Commission have received no salary or other compensation (see, e.g., Defendants' Reply at 3), nor has a request for such compensation been made by plaintiff, other than a vague reference to possible reimbursement for personal expenses incurred (Affidavit of Robert Stauf, Chairman of the Commission, at 2) (hereinafter "Stauf Aff.").
The individual defendants Arthur J. Doran and Rodney H. Irwin were employed as City Manager of the City of Yonkers at all times relevant to the actions which are the subject of this lawsuit. Plaintiff states that the City Manager is responsible to the Common Council for the proper administration of the affairs of the City and has the duty to see that the ordinances of the City and the laws of the State of New York are enforced. ).
Defendant Nicholas DeSantis was employed as Commissioner of Fiscal Services of the City of Yonkers during the relevant time period. According to plaintiff, the Commissioner of Fiscal Services of the City is responsible for the disbursing of funds allocated by the City's Common Council for the Commission. ).
In their Answer, para. FOURTH, the defendants deny the statements contained in paragraphs 5 and 6 of the Complaint, except to the extent that they admit these individual defendants were employed "during certain times" in the aforementioned position and "discharged their duties as provided for by law." This opinion disregards that denial.
Defendant Jimmy McDonald was employed from January 1986 to the present by defendant Irwin to act as plaintiff's Executive Director while remaining subject to the City Manager's direction and control, allegedly contrary to law and without plaintiff's consent or authority. ). In the Answer, para. FIFTH, defendants deny the within allegations as to the function of defendant McDonald, except to admit that he was employed by the City of Yonkers.
In the aftermath of the recent lawsuit finding racial discrimination in housing and education, United States of America v. Yonkers Board of Education, City of Yonkers, and Yonkers Community Development Agency, 624 F.Supp. 1276 (S.D.N. Y.1985), the City of Yonkers has endured political turmoil. As stated by plaintiff, "The City was and is divided over the outcome of the segregation lawsuit and an appeal is pending while various remedies are pursued." Stauf Aff. at 3.
This case essentially involves little more than a political dispute between various factions of the local government of the City of Yonkers, in which the funding, or more accurately the lack thereof, of the Yonkers Commission of Human Rights, an arm of the municipality, is called into question, and the firing of a particular Executive Director of the Commission, along with the hiring of another, is contested.
The gravamen of the complaint is plaintiff's allegation that during the period July 1, 1985 to the present date:
Complaint para. 9.
During this apparent turf struggle, or conflict between the various officers of the City of Yonkers and the Commission, the true nature of which remains relatively uncertain, plaintiff filed the instant lawsuit. Even the events leading up to the retainer of counsel to this end are hotly contested between the parties and within the Commission itself, with defendants and some members of the Commission herein charging that the proper authorization to commence the suit was not obtained. Specifically, it is argued that a majority of the Commission members at a regularly called meeting at which there was a quorum never approved nor duly authorized the Commission by resolution to retain an attorney to commence this lawsuit. Defendant insists that only seven Commissioners of the fifteen member Commission attended the meeting of February 18, 1986, thereby failing to fulfil the quorum requisites of § 41, New York General Construction Law. Hashmall Suppl. Aff. at 4-5. This lawsuit, defendants charge, was commenced solely on the authority of Commission Chairman Robert Stauf without a majority vote of Commission members, in violation of the appropriate enabling legislation and bylaws. Hashmall Aff. at 2-3; Affidavits of Commission members Ronald Taylor (Exhibit A to Hashmall Aff.), Father John P. Duffell (Exhibit B to Hashmall Aff.), Ivan Rosaly and LaVerne Williams (both annexed as Exhibit J to Hashmall Supplemental Affirmation) ). Interestingly enough, all of the above Commission members were listed as present and voting affirmatively...
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