<<<Yonkers Mayor Phil Amicone, Yonkers Fire Commissioner Anthony Pagano, and Human ResourcesCommissioner Brian Lucyk are on the same page. They want a Yonkers Firefighter alleged to have been involved in the stealing of gasoline approximately 13 months ago to be now fired. The accused individual will in approximately 3 weeks time have completed the required number of years of service on the force to qualify for his pension. TheYonkers Tribune / The Westchester Guardian have learned that the allegation against the accused individual are circumstantial and are not sufficiently solid to prove the allegation of theft despite what Yonkers Fire Commissioner Anthony Pagano advises will be the thrust of the legal actiontaken against this individual. There is a stumbling block before legal remedymay be sought, that is, the individual must go through his union to challenge the allegations made against him within 30 days of the filing and only then, may the administration proceed to prove their case.
Were the case sufficient to prove the allegation of theft of gasoline, one should expect Yonkers Corporation Counsel to have brought the issue before a court for legal remedy months ago. Commissioner Pagano stipulates the seemingly lengthy time for the investigation to be completed was stymied by rules, regulation, and avoiding incurring overtime.
In the meanwhile, Amicone, Pagano, and Lucyk instead hope to coerce the accused individual to quit. They would rather deny him an independent arbitrator, as specified under Article 75 of the Civil Service. It would be up to tan independent arbitrator to decide whether there is sufficient evidence to deny this man to be permitted to continue his employment.
The issue at hand is not whether this individual is entitled to his pension earnings. That is a given as far as Commissioner Pagano today stated, but if he indeed was involved in the theft of gasoline, why should he be qualified to receive his pension? Commissioner Pagano >>> rightfully advises that issue is not within his purview.
True to form, Mayor Amicone made a big stink when it was divulged gasoline was found stolen back in 2007-2008. The 2009 incident(s) alleged in the report yet to be publicly noticed, could have been mitigated had Mayor Amicone’s administration chosen to implement the recommendations made April 2, 2009, by then Yonkers Inspector General Philip A. Zisman in the document he issued under the title of “City Fleet Gasoline Usage.” The reality is that Mayor Amicone feigned concern. He had no interest in resolving this issue. Had Mayor Amicone been concerned, subsequent, similarly alleged thefts could have dissuaded some people from attempting gasoline, or totally stopped it altogether. Instead, the backroom antics of Amicone, Pagano, and Lucyk, as deemed appropriate by Mayor Amicone, are now collectively attempting to demonize an alleged thief by denying him his right to an independent arbitrator. What are they trying to prove?
Are they interested in stopping any and all future gasoline thefts? Why don’t they place a security camera that would be activated when the gasoline pump is turned on? Instead of using the last four digits of an individual’s Social Security number, why do they not demand each person create their own pin number, similarly to the way in which banks have an individual create their own pin numbers for ones’ credit and debit cards. The discovery of Social Security numbers by any Firefighter can likely be accomplished within minutes were that the unlikely intention of any Firefighter. What that proves is how easily the prospect of security, as presently maintained, is prone to continued misuse and likely theft. Many who use these pumps are unaware of the parameters for which they are permitted use of this gasoline. Some people drive cars for both city business and personal business to this day.
Why has the Amicone Administration maintained such lax standards to dissuade theft of services? Why does this issue come to light three weeks prior to gaining his pension does the Amicone Administration still find itself incapable of proving the alleged theft before a court of law or an independent administrator? Do they want to force this man from his job to validate their ineptitude and premature, and as of yet unproven allegation by fiat? Is it because they believe they have the power to do what they will? Will the Amicone Administration abide by law, rules, and protocol or does that no longer matter? What about protecting the taxpayer’s pocket book? The silence surrounding this yet to be divulged issue proves once again that managing the news, rather than its telling in a timely manner, permits those who disrespect the law and protocol from maintaining an upper hand when their rights are not above the law. The accused could also have brought the Amicone Administration to court for legal remedy. He has not.
This is a dance that is often played in the City of Yonkers. These below standard antics of government are not exclusive to Yonkers; they are prominent in other locales throughout much of Westchester County.
In the end, nothing will be remedied. The triumvirate, in this case, of Amicone, Pagano, and Lucyk, have allowed the clock to run out; the accused will have earned(?) his pension, while they scream that he committed theft which they alleged but are incapable of verifying before a court of law or an independent arbitrator. Perhaps, when the accused earns his pension, he will be smart enough to sue Amicone, Pagano, and Lucyk for his besmirched reputation by their unproven words.
David Simpson has chosen not to respond to our inquiry. Neither did Commissioner Lucyk.
I humbly suggest Mayor Amicone resign his seat as mayor post haste; and drag some corporation counsel nitwits with him, for their gross ineptitude. Yonkers has lost big time under Amicone’s Administration for circumstances that rarely occurs elsewhere. Yonkersites lose taxpayer money by the thefts that have been perpetrated under their watch. Despite the high salaries afforded Amicone, Pagano, and Lucyk, they have shown themselves unwilling to right the wrongs that could be easily righted.
Mayor Amicone hopes to get his pound of flesh, but will unlikely be able to prove his case specifically because the mitigating modalities recommended by Inspector General Zisman were not implemented, as they should have been. Mayor Amicone, even if he knows what he knows in his heart to be what happened will not be able to prove anything. Yonkersites’ wallets will be exposed to allegedly continuing theft and still Amoicone will have done nothing to take any corrective course to thwart any similarly alleged reoccurrences.