Getting the Story Straight [Updated]
Here are some accounts of the explanations from the campaign of Councilman-elect Mathieu Eugene about when he moved into the district that just elected him.
His campaign spokesman told me shortly after his election that he had signed a lease at an address in his district at the beginning of February.
Then this, from Dave Seifman in the Post:
Eugene's campaign manager, Joe Placide, said Eugene had signed a lease for an apartment in the 40th District on Feb. 1 - nearly three weeks before the results of the election were in.
And a series of odd no-comments to Errol Louis:
There's no question that Eugene, the first Haitian-born candidate elected to the Council, was living in Canarsie - miles south of the 40th Council District in Flatbush - during his campaign for the office.
But listen to how the state's second-highest court, the Appellate Division, resolved a similar case in 1993 called Clark vs. McCoy, a fight over whether a candidate running for City Council in Queens was required under the Public Officers Law to live in the district at the time she submitted nominating petitions.
"There is no requirement that a candidate be a resident of the district at the time of the filing of the petition," the court ruled. "The only requirement is that the candidate be a resident at the time of the election."
That seems clear enough - but it means that, unless he went apartment hunting on Election Day, Eugene wasn't a resident when voters put him in. And at least one election lawyer with no stake in the race has suggested to me that Eugene might not be eligible to serve in the Council because he didn't meet the legal requirement.
Steve Richman, the general counsel for the city Board of Elections, ducked my question on the subject, saying through a spokeswoman that issues of residency get handled by the City Council. City Council staffers said nobody had raised the issue and promised to look into it - but never got back to me.
Eugene himself told me he's scheduled to be sworn in at City Hall today at 2 p.m. and declined to talk about his residency plans. His attorney Paul Wooten said Eugene had at least 10 days to get settled in the district, since that's how long it takes for the Board of Elections to certify vote results."
And then this, from today's New York Sun:
"I've been sleeping there for the month of February," Dr. Eugene said. He said he did not recall the exact date he moved to a three-bedroom apartment on Argyle Road in central Brooklyn's District 40, which he was elected to represent in a special election on February. 20.
I called Placide today to see if I could get straight answers to what should be the easily resolvable questions of whether he was a resident at the time of the election, whether he lives there now and why Eugene hasn't simply said so, one way or another, from the start.
He referred the inquiry to campaign consultant Scott Levenson. I left Levenson a message earlier today.UPDATE: Levenson said he's seen "a lease whose term began February 1 for 40-46 Argyle Road. I've seen a check written to the landlord dated February 1. Dr. Eugene very clearly said he began sleeping there."
Asked why his candidate didn't change his registration to reflect his new address, Levenson said, "He was in the middle of an election" and that "he was in transition."
Levenson disputed the notion that the earlier comments by Placide and Wooten were contradictory. "They're all consistent," he added, "You speak to 10 lawyers and you get 12 opinions" about the residency requirement. "But in the City Council, its always been the day that you're sworn in." That won't happen until the votes are certified, he said.
-- Azi Paybarah
An incredible story of mishaps and lies, the only people that suffer is the residents of the 40th. Unagene resign now and Representative Clarke save your money, I will support anyone against you.
Sounds like Scott Levenson, sho nuff!
His media campaigns have the sound of one hand clapping!
and his tan is amazing!
The other people who are suffering due to this are those in the 51st Council District as Ignizio's swearing-in is on hold until the Eugene issues are cleared up. In addition Ignizio's staffers are suffering as they cannot get paid and are uncovered by any insurance until he is sworn in. Will Eugene or his supporters help any of Ignizio's staffers or families who should fall ill or have to pay a mortgage due to their problems?
In addition to his residency issue, is Dr. Eugene licensed in NY? The NY Times referred to him as a physician, but unless he's using another name, the NYS directory of licensed doctors does not have someone with his first and surname listed. Has he surrendered his license?
Could this be resolved if Eugene steps aside? If he did so, could Jennifer James be legally sworn in?
Welcome to the world of special elections. Does anyone think that a month or so is enough time to properly vet candidates for public office? And why is Ignizio being held up?? His election was valid and his candidacy is legit, but the will of the electorate in Staten Island is being temporarily denied for no good reason!
Just disgraceful.
4:06
Isn't it apparent that Mr. Eugene does not care about anyone but himself?
The lies coming from Mr. Eugene and crew (because that's what it has become) are just truly pathetic. It saddens me because that district needs a leader, not someone who doesn't even know where he lives or how long he's lived there. Yes, the voters have spoken but will someone in the City Council and the Board of Elections please develop a conscience and a backbone?
We have enough corrupt politicians in Brooklyn. We even have some new ones developing in Bay Ridge- Kevin Peter Carroll is one. He packed a club to win the presidency and now it seems he's starting to misappropriate money and disenfranchise the board of directors. Oh, they start younger and younger each year.
In the special election between The Hamburgler and Big Bird, Big Bird moved his nest 3 blocks into Hamburgler's district, and won. Col. Sanders is suing.
Jennifer James should immediately file a lawsuit against Eugene's inability to hold office. Even if the court expedites the case, it will take a few weeks. By then, Eugene will be forced to step aside or show us the lease! If he doesn't, at least there will be an opportunity for clarity on this area of the law.
Elections 101: you should know whether or not you live in a specific district BEFORE you represent it. How pathetic...
No wonder people are turned off to politics...
On another blog there was a link to a NY1 story about Mr. Eugene showing offi his 'new' diggs with his handler Congresswoman Clarke in the background. In all the years that I have lived in the borough of Brooklyn, I have never seen anything like this. This man is a blatant liar and it would not surprise me if he voted for himself before moving into the district on or about February 20th.
I used to be a fan of Congresewoman Clarke's even through all of her lying about her non degree having self. She and her mother must go and I for one will ead the bandwagon.
As a Brooklynite, I would like to extend my apology to the people of the Staten Island, where their Council member can not be appointed because of Eugene. I hope that the Council can back date your paychecks and your employment dates.
Who do you file a complaint with?
Shocking and disappointed, Eugene who has served this community for more than 15 years is going down the drain my friends. He continues to lie and drag this out longer than it needs to be. Show us the lease!!
Also, how much did he get paid from that little community center/after school program he runs? You know one of the biggest backers was then Council member Yvette Clarke. (check the website). One more tidbit how much money is he going to give to his little group now that he is the Council member elect?
Apparently if Eugene can not take the oath it will result in another election -- where he will be able to run since he now, indisputably, lives in the district. Considering that he blew away the competition he has a pretty good chance of winning a second election. What a waste of money for the City.
Seriously, can someone say why Ignizio cannot be sworn in? Is there some legal reason why the people of his district are being disenfranchised? Somebody call the Staten Island Advance...
This really does reflect poorly on Yvette. Why didn't she pick a better candidate? Was it really so she would have to worry about facing her succesor in a primary a few years from now?
Just got word that none of the candidates who ran except for Schiffman actually lived in the 40th district. Someone please help!
Has anyone filed a complaint and if so who?
4:52 I thin you hit the nail on the head. Yvette no her mother pushed this person and now the entire district is suffering. We have nobody to advocate for us and we can not get any help with services. Great job Yvette, I for one will not forget and do not have anyone call me for a check on your behalf either, you stabbed that young woman Jennifer James in the back and left the entire community suffering.
Just where does Scottso Levenson gets his tan from?
Remember when Levenson and his sleazy ass worked for Mark Green? The Advocate had to squueze the slimebag out of his job.
Didn't he get sued by some candidates he's worked for?
To answer the question, Ignizio has not been sworn in because the Board of Elections has not yet certified his victory. Even though the election was not close, the BOE is still legally required to wait before counting the paper ballots. Apparently, in the past the Council did swear winners of Special Elections in before the official certification but that should not have been done.
5:09 not accurate, James, McNally, Tooney and Razvi lived in the district. All the others live right outside but that is not what the law says it is simple you do not have to be a resident to run but must be one by election day to serve.
Jerry, can you tell me where I can file a complaint and what des it have to say.
Shouldn't Ignizio have waited for the results to be certified before he resigned his Assembly seat?
Azi, I thought that this clear comment from another blog merited posting here.
Here are thge real facts folks, coming from an advocate of Mr. Sharpe, So let's get that baggage out of the way up front.
Election lawyers have always agreed that to run for the Council, you only need to live in the district on the day you are to be sworn in, which must of course, follow official election certification. Whether this is morally correct or not is irrelevant to the conversation, especially in light of the second point below.
Dr. Eugene stated his Canarsie address on his petition. He did not lie about it. It was "open and notorious" and in terms of his intent, he did not in any way attempt to defraud the voters.
One candidate, Mr. Toney, chose to make Eugene's out of district address a campaign issue. To the extent that anyone was paying attention---and any of you in the press hearing this----and were paying attention when 9 candidates were despeartely trying to get covered by the press in this election, Eugene's out of district status was known.
To those who compare this to O'Hara and ask for prosecution, you should clearly see the difference. Mr. O'Hara who ran from and voted from "residences" that he claimed on petitions that had no electricity at times he AVERRED that he was in residence presenta a far different case than Dr. Eugene, who had an apparent right to live out of the district when he ran, did not vote from his new in district residence and did not lie about his residence. No matter what the eligibility interpretati0n is, no crime sas committed. Not even close.
In the event that a Court rules that Eugene is ineligbible to serve, there is no other remedy than to call for a new election. I know of no law that would deny Eugene the Consitutional right to run again, this time petitioning from a residence within the district which he could clearly establish. Anyone who has read NYS residency cases knows that establishing such as a voting domicile would not be difficult.
Those who say somehat sophmorically that one fo the runner ups should be entitled to serve without a new election are not only WAY off on the law, but being extremely unfair. Of those voters who chose to come out and vote...shame on those who didn't, but they didn't----there was a CLEAR intention to elect the first Haitian elected official to the City legislative body. Overwhelmingly. THAT is the will of the voters. Not to elect James, my guy, or the white guy. Or any of the others. Get over it.
AND, finally, if there is a new election, Eugene will not only run again, but is and should be a cause celebre among Haitian voters who will feel as cheated as they could possibly feel. There is NO doubt in my mind that Eugene would win by more votes the second time than he did the first.
End result, the same, with added cost to the taxpayers.
Answer: Accept the traditional view of election lawyers that all Dr Eugene need do is to establish domicile in the Council District before the BOE certifies the result...and move on.
I may not like the result. I may not like the law. But the voters were aware, and the voters have spoken. And until the Septembr Primary, when Haitians will not represent 40-50% of the people who vote in all liklihood, Dr. Eugene is the duly elected Council Member.
Time to move on. Like it or not.
Lew from Brooklyn
Several people have said that a person must be sworn in after the election results are certified. If this is true then the last candidate to win a special election (Maria del Carmen Arroyo in 2005 after Serrano was elected to the State Senate) was sworn into the Council inappropriately and voted on items of legislation illegally. Arroyo was sworn in the day after the special election in Council chambers and took her seat that day.
On the other hand, if Ignizio was eligible to be sworn in despite the vote being uncertified and he is/was stalling b/c of his questionable eligibility status this seems illegal as well.
Either way someone did something illegal here.
Last: *if* Ignizio is fraudulently claiming to have lived in the district at the time of the election against election law someone should sue him and seek an injunction to bar him from taking his seat tomorrow. In an ideal world the Council, with Speaker Quinn's pomp about ethical reforms, would take the lead and ask Ignizio to step aside until the matter is resolved.
But I doubt that will happen.
By Ignizio I mean Dr. Eugene. Sorry
Why does the City employ people to make sure City employees live in the City but nobody investigates whether a candidate for office lives in a district at the time of the election?
Eugene is clean as the driven snow, relative to many Brooklyn elected officials. He committed no crime here, but he has failed miserably to deal with the political ramifications of his residency.
Why didn't he hire a blimp saying where his new address was? He may have a stellar reputation among the Haitians, but the Clarkes chose well. They supported someone who would win, but would never threaten their power.
The Clarkes knew not to underestimate the Haitian community, but I don't know if they have any other tricks up their sleeves.
The Public Officers Law is very clear that you must be a resident of your district when "elected" not when sworn in or when the bureaucracy finishes counting the votes.
When Maria Carmen Del Arroyo won her special election 2 years ago she was sworn in the next day at city hall. She did NOT have to wait for the BOE to certify the results.