The Honorable Joseph Nocca, Chairman of the Yonkers Board of Ethics conducted the February 17, 2011 meeting via a telephone conference connection before a full board membership shy one. Here is the link to the agenda: http://foilyonkers.blogspot.com/. Four members of the Yonkers Corporation Counsel, including Mssrs Blanchard and Dunphy where in attendance. The big guns were in attendance to weigh in upon Inspector General Dan Schorr’s referral to the Yonkers Ethics Board of the non-payment for services rendered by the Yonkers Parking Authority for the benefit of Yonkers City Council Majority Leader Patricia McDow’s parking of her BMW sedan without payment.
I.G. Schorr stipulated the years over which non-payment for storage of the BMW sedan took place was for only three years. How Mr Schorr could infer such a fact is absurd. The vehicle was parked at the Buena Vista Parking Lot for over six years. This is deduced by the fact that the car had an expired inspection sticker that was out of date for over six years. Further still, the vehicle had no license plates screwed into its body. Any vehicle in such condition would have been ticketed, and eventually towed out of the facility at the owner’s expense. One must ask who advised the Yonkers Parking Violations Bureau not to ticket her vehicle.
The Honorable Nocca railed at the public notice the telling of McDow’s theft of service in the media. Hon. Nocca spoke to its being divulged in newspaper and its mention on radio. The first telling was in virtual print in the Yonkers Tribune, and on radio on the On the Level with Narog and Aris heard on WVOX-1460 AM. Judge Nocca was not as incensed by the theft of services. (Reference – The Hezitorial: The Price of Seduction By Hezi Aris, first printed september 25, 2010.)
When I.G Schorr referred the issue to the Yonkers Board of Ethics on January 21, 2011, he offered that Ms McDow’s vehicle was parked at the Buena Vista Parking Facility for three years. Was IG Schorr attempting to diminish the value of the theft of services stolen to a lower figure by the very nature of the length of time the automobile was “stored” so as to avoid a civil case against Majority leader McDow that would be based upon the theft of services tallying a greater sum? New York State Penal Law requires different elements of proof in a criminal case than in a civil case. The threshold for proving a criminal case may be too great to prove, but a civil case is a logical avenue to be pursued. The issue isevidently to great for Inspector General Schorr to ascertain.
This reporter knows of those who use the YPA facility at the Buena Vista Parking lot who pay approximately $75 per month on a yearly basis since the opening of the facility. Using that figure, Ms McDow is liable to pay the YPA for services rendered for storing her BMW at the very least, that is for three years, the sum of $2,700.00. If the sum is totaled for 6 years, the value of the theft of wervices is equal to $5,400.00. I lawyer may best advise Yonkers Majority Leader Patricia McDow whether the penalties under NYS Penal Law are greater the higher the value of the theft of services rendered.
The Hon. Nocca had the audacity to prejudice the case by pointing out that as far as he is concerned, ownership of the BMW is in question. He contends there is no proof to that end. he is mistaken on that count among others. The YPA contends the vehicle was removed from the Buena Vista Parking Lot in December at the behest of Ms McDow. The Hon. Nocca will have to spin another tale.
This writer is offended the executive session predicted to take place behind closed doors to media, and at which the stenographer is also not present, “spin” was offered by the Hon. Nocca. It may behoove the entire Yonkers Board of Ethics to quickly disband if a credible resolution to Majority Leader Patricia McDow’s conducted is not fully addressed. Further the Yonkers Board of Ethics must demand IG Schorr delineate how he defined the theft of services to have lasted only for the duration of three years and not over six years.
This whole issue will be white-washed to save the vote controlled by the Majority Leader who is term-limited. For all the years she has represented the 1st District, the votes she cast on the Yonkers City Council on issues before the Yonkers City Council are suspect. Was there a quid pro quo?
The inference is as clear as the Florida sunshine; Yonkers Inspector General Schorr and the Yonkers Board of Ethics are engaged in aiding and abetting Majority Leader Patricia McDow not to pay for services rendered for the storage of her BMW at the Yonkers Parking Authority.
The People will judge, no matter the spin.