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Mid Hudson Times , Wednesday , August 31 , 2016
Cameron : Civil service commissioner has conflict of interest
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Newburgh Civil Service Commission earlier this summer amid objections by a minority of Newburgh City Council members that he hadn ’ t been vetted thoroughly for the job .
In his letter , Cameron said he was “ privy to reviewing investigation notes and surveillance video footage ” during the investigation of Leach . When seeing Powell at a commission meeting this month , Cameron said he recognized him as a worker in the video footage .
“ I immediately recognized the gentleman as a person that was performing manual tree-trimming labor alongside Lt . Peter Leach at the time of his disability claim investigation ,” Cameron said .
Leach withdrew his disability claim and resigned in 2015 .
Essential public purpose
The first public meeting of the commission that Powell attended on Aug . 17 provided a window to the commission ’ s dogged attempts to replace Cameron , appointed provisional police chief last year .
When an agenda item regarding the “ termination of the provisional appointment of police chief ” came up , Powell was quick to say that he didn ’ t have enough information to vote on the subject . “ I ’ d like to take some time to examine and look at some of the resources and other options ,” Powell said .
Commission Chairman Tom Murphy explained the commission sent a letter to the city manager on June 15 , “ advising him that the current candidate cannot receive a second appointment as provisional chief of police . We ’ ve had no response .”
“ That letter was written before the completion of the canvassing of the competitive eligible list , which resulted in all declinations and no appointment being made from that list ,” city Corporation Counsel Michelle Kelson asserted .
Powell ’ s appointment this summer came amid efforts by the commission to find a candidate to fill the position of city police chief after all eligible candidates who took an open exam in the spring declined the position .
Last year , Cameron , Ciaravino and Mayor Judy Kennedy asked the commission to amend the city civil service test requirements to allow Cameron take a promotional exam to become permanent police chief .
They claimed , among other reasons , the existing requirements were unfair because the commission required candidates have two years ’ experience as deputy police chief , but no deputy police chief position has existed in the city since 2010 . As a result , they argued , lieutenants like Cameron and others had been doing deputy police work without title or credit .
The commission refused and instead offered an open exam , drawing candidates with less experience than Cameron , who has served at the City of Newburgh Police Department for 20 years . The city asked the Orange County Supreme Court to halt the test , but the court ruled in favor of the commission . Cameron declined to take the open test on principle , claiming the commission rules were unfair .
Roughly six months following the open test , none of the eligible candidates accepted the position . A request to choose police chief candidates from a county list was recently rejected by Orange County .
At the meeting this month , Kelson asked the commissioners to consider the potential impact of ending Cameron ’ s provisional term . “ There have been attorney general opinions and state court decisions that have affirmatively stated that a provisional employee may be able to hold their position … if the termination of the employment would disrupt or impair the essential public services that are provided by the municipality ,” she said .
Kelson noted the commission had “ exhausted the known options ” and , currently , no one else is available to fill the position . “ So , I do think that there is a case to be made that the sudden termination of the incumbent would disrupt or impair an essential public purpose , which is the operation of the city ’ s police department ,” she said .
“ We ’ ve done our duty ,” said Murphy . “ That ’ s my opinion .”
Kelson politely asked for the opinions of the other two commissioners . Commissioner Vera Best suggested the commission “ perhaps get some additional state guidance on an extension .”
City of Newburgh acting Police Chief Dan Cameron .
Close connections
In his letter , Cameron also pointed out that Powell was nominated by Councilwoman Cindy Holmes , who , he wrote , was “ publicly opposed to my appointment as acting chief and permanent chief ” and was “ publicly against the disability investigation and disciplinary matter of Lt . Peter Leach .”
“ I want everything to be fair and equitable ,” said Holmes responding to the letter last week . “ If the chief would have taken the test , he would have passed it with flying colors .”
Regarding Powell , she said , had she known about his connection to Leach , she may have not recommended his appointment to the commission . “ I would have had second thoughts about it , yes ,” said Holmes , who served as a city civil service commissioner prior to being elected to the city council .
Leach , Cameron also noted in his letter , is a family relation of city Civil Service Administrator Michelle Mills , whose job includes administrative work for the commission .
There was no public notification issued for the Aug . 17 meeting and no meeting notice was posted to the city website homepage , as there has been for other commission meetings this year . However , the meeting date was posted to a city calendar online .
Earlier this year , the commission was roundly criticized by Mayor Judy Kennedy and other council members for not holding regular meetings , not notifying the public of commission meetings and not providing meeting minutes or agendas .