Hearing Officer: Civil Service commish should go

Nearly a year after city officials began trying to oust Civil Service Commissioner Leary Wade, who pleaded guilty to renting illegal basement apartments — and allegedly threatened City Manager Charles Theofan — a hearing officer ruled in favor of the city last week, saying that Wade should be removed from office.

Wade, who was appointed in 2004, was asked to resign last August after Theofan said that he violated his oath of office by renting two illegal basement apartments that he co-owns with his brother, Larry Wade. According to Theofan, when he asked Wade to resign, Wade threatened him, saying, “I’m going to get you or somebody close to you.”

Last July 23, Wade pleaded guilty in Long Beach City Court to several building code violations stemming from an illegal occupancy of the basement of an East Market Street home. In a second court appearance in August, he pleaded guilty to maintaining an illegal kitchen in the basement of another property on East Hudson Street.

­­­­­The hearing to determine whether Wade should be removed was initially scheduled for last September and was to be overseen by Theofan, which sparked an outcry from Wade’s supporters. His attorney, Fred Brewington, argued that because the City Council appoints Civil Service commissioners, the council should hold the hearing, not Theofan, whom Brewington said was in violation of Civil Service law as well as the city charter.

Theofan maintained that there were conflicting provisions in the charter, and, last October, the council amended the charter to clearly state that the council would delegate disciplinary hearings to a hearing officer, and voted to appoint Edward G. McCabe, a former State Supreme Court justice and Nassau County administrative judge, to determine Wade’s fate.