Commissioner Files Lawsuit Against City of Mt. Vernon for Wrongful Termination; Alleges Criminal Activity in Falsfying Timesheets

Mt. Vernon Also Agrees to Pay Tennis Bubble $9 M Verdict

Mt. Vernon Commssioner of Management Services Helen Adesuwa Uzamere

By Dan Murphy

A Former Mount Vernon Commissioner of Management Services has sued the City of Mt. Vernon and Mayor Shawyn Patterson-Howard for wrongful termination. Helen Adesuwa Uza mere, was hired in 2020 but was fired in March of 2023.

Adesuwa-Uzamere alleges that crimes involving the falsification of employee timesheets were thrust upon her by City Hall staff. The lawsuit states, “Not withstanding Plaintiff’s professional success at Mount Vernon, she was subjected to retaliatory conduct, ultimately leading to her illegal retaliatory termination by Defendants. This retaliatory backlash began when Plaintiff opposed and re fused to participate in what she reasonably believed were Defendants’ unethical, improper, and illegal activities. These unlawful actions included, but were not limited to, the following. Shortly after Plaintiff was hired, Mount Vernon, through the Mayor, began routinely demanding that Plaintiff particpate in the falsification of employees’ timesheets by inflating the number of hours worked.

On several occasions, Mount Vernon, through the Mayor, improperly added employees to the headcount of Plaintiff’s department, namely, the Management Services Department, when such employees did not report to Plaintiff. These employees were unqualified and not formally onboarded into the Man
agement Services Department.

It was apparent that their hiring was done as a quid pro quo favor to constituents and in exchange for their votes. In one instance, former Mount Vernon spokesperson Daniel Terry was added to the headcount of Plaintiff’s department, even though he reported directly to the Mayor, so Plaintiff had no managerial capacity over Terry, and was unaware of his true working hours.

As such, on multiple occasions Plaintiff complained about and refused to participate in the approval of Terry’s timesheets, as she could not accurately attest to his hours. Plaintiff was aware that Terry’s attendance was sporadic, with many no-shows and persistent tardiness, yet his timesheets reflected oth
erwise, which was false and would have resulted in overpayment.

Plaintiff complained about this illegal practice several times, both verbally and in writing. On or about October 26, 2021, Plaintiff complained to Darren Morton, Mount Vernon’s then-Chief of Staff, about being compelled to approve Terry’s hours. The complaint stated, “I am uncomfortable with certifying his hours when I know nothing of his schedule.”

On or about December 9, 2021, Plaintiff further opposed this improper certification attempt in another email to Morton, which stated, “…I am not comfortable with entering hours after the fact.”

On December 22, 2021, Plaintiff emailed Morton again, copying the Mayor, complaining about the Mayor’s insistence that Plaintiff improperly certify hours of the Communication team’s employees who did not report to her.

Plaintiff stated, “[a]s I cannot attest to the hours worked for any in the Communications team, I suggest moving the department under the Mayor’s office for the 2022 budget. It is unethical for me to certify hours for a team that I do not manage.”

Plaintiff also refused the Mayor’s demand that she provide attestations to sickness and vacation accruals of the Communications team, called “green sheets.”

Plaintiff never met these new hires, they never reported to her, and she had no knowledge of their accruals. The Mayor further demanded that Plaintiff deceptively write off expenses under false pretenses, such as demanding that she illegally pass off funds that were clearly ineligible expenses under the American Rescue Plan Act of 2021 (“ARPA”) as tax deductible ARPA funds.

In March 2022, the Mayor attempted to add Daniel Terry, who was no longer an employee of Mount Vernon, into the Premium Pay Roster. The Premium Pay Roster provided relief, pursuant to ARPA, of up to $5,000 to staff who worked in the office during the height of the pandemic.

Plaintiff opposed other improper procurement practices that were rampant at Mount Vernon. The department heads bypassed the proper process of channeling all purchases through the Management Services Department, and instead awarded contracts outside of the guidelines.

Plaintiff refused to sign the Request for Personnel Change form (“RPC”) regarding Keith Eversley, a close personal friend of the Mayor, who was hired by the Mayor as the Purchasing Agent in Plaintiff’s department, despite his obvious lack of qualifications for the position.

Upon Eversley’s hiring, Plaintiff, as his department head, also refused to approve a proposed increase in his salary above the approved budget for the position he shouldn’t have had.

The Mayor wrongfully opined, “[t]his does not harm taxpayers as it is only a couple hundred dollars. I don’t see the big deal.”

Plaintiff disclosed the falsification of timesheets to the Westchester District Attorney,” end of lawsuit.

In another legal matter in Mount Vernon, the City has agreed to pay a $9.3 Million settlement involving a Tennis Bubble that was operating in the city before being taken down by city employees in 2018.

The Tennis Bubble was located next to a dilapidated Memorial Field. Then Mayor Richard Thomas was looking to renovate the field and wanted the bubble to be burst. The owners refused but late one evening the bubble was popped.

Since then, the owners have sued the City. Represented by the Oxman Law Group, a jury found the City liable for $9.3 Million plus interest, putting the total bill at $11.8 million. Instead of appealing the verdict, the City has decided to settle,settle with taxpayer dollars. Tennis Bubble owner Kela Simunyola is now located in Mamaroneck.

Great reporting by Mountby Mount Vernon News Center on Facebook.