Kelly appointed to Civil Service Commission

Former Democratic City Councilman Denis Kelly has been tapped by City Manager Charles Theofan to fill a vacant spot on the three-member Civil Service Commission, six months after a hearing officer ruled that commissioner Leary Wade be removed from office.

At Tuesday’s City Council meeting — the last meeting before the new Democratic council majority takes over next month — the council voted 3-2 along party lines to appointment Kelly to fill the remainder of Wade’s term that expires on May 31, 2012. The council also voted 3-2 to re-appoint Zoning Board of Appeals trustees Rick Hoffman and Angelo Lomonte to three-year terms.

Kelly, a local attorney who served as a councilman from 2000 to 2005, will join William Miller, the commission’s chairman, and commissioner Susan Mackston Solomon, whom the council re-appointed last year by a 3-2 vote.

“Mr. Kelly is a man who kept all of us working in city government on our toes, by virtue of his keen understanding of government and of what people are supposed to be doing as far as their jobs,” said Theofan.

While Kelly was lauded at the meeting, some, including Democratic Councilmen Mike Fagen and Len Torres, questioned Tuesday’s appointments, saying that the administration was making a rush to push through their selected candidates before they leave office. Fagen said that Wade’s seat remained vacant for months and asked why the appointment of Kelly was being made now instead of waiting for the new administration to take over Jan. 1. Theofan said that Hoffman and Lomonte’s terms were set to expire on Dec. 21, while the appointment of Kelly was being made in order to allow the commission to “function in a working way.”

The Civil Service Commission oversees more than 1,000 civil service employees hired within the city, Long Beach School District and the Long Beach Public Library. It consists of three individuals and, as required by law, no more than two are allowed to be of the same political party.

On June 28, former State Supreme Court justice and Nassau County administrative judge Edward G. McCabe ruled in favor of the city and said that Wade, who was asked to resign after he pleaded guilty last year to renting illegal basement apartments — and allegedly threatened Theofan — should be removed from office.

Wade’s attorney, Fred Brewington, and many supporters claimed racial discrimination and said that Wade was the target of political retaliation for cooperating with an investigation into the commission by District Attorney Kathleen Rice.

Many also took issue with how the building violations were issued and argued that Wade’s guilty plea in Long Beach City Court was “coerced” and lacked a specific admission of guilt. Theofan and the majority council members were also criticized for amending the city’s charter to allow the council to appointment McCabe as the hearing officer.

McCabe disagreed with claims of racial discrimination and other allegations. Theofan and other city officials at the time maintained that the violations were issued properly and strongly disputed the allegations, saying that Wade violated his oath of office by renting illegal basement apartments.

Theofan also said that all members of the commission had cooperated with Rice’s investigation, launched shortly after a scathing report was released in 2010 by the state’s Civil Service Commission and concluded that the city’s commission had failed to comply with Civil Service laws and regulations for years. A spokesman for Rice did not return a call for comment, but in November said that the D.A.’s investigation was ongoing.

On Tuesday, the city issued a press release saying the state commission had commended Long Beach at its Dec. 14 meeting “for resolving a majority of the required actions cited in its 2010 Civil Service Administration Merit System Report.  The remaining actions are

currently being addressed and are partially resolved.”

In March 2010, the state commission issued a report on the employment appointment process by the city, covering the period from 2007 to 2010, and found that the city was not in compliance with civil service rules and regulations. 

According to the release, the commission recommended that a follow-up report be submitted no later than Jan. 16, 2012 and an on site review of roster records and payroll certification be conducted early next year when the new administration is in place.

Theofan said in the statement that since 2004, the state Civil Service Commission has had difficulties with the administration of civil service law in Long Beach. He added that the city’s Civil Service Commission has been diligent in its efforts to come into compliance and has been acknowledged by the state for its progress.