Peekskill council directs attorney to draft censure resolution for Councilman Fernandez

Council members told conflict counsel to prepare a formal resolution of censure aimed at restoring public confidence after an ethics matter that the Board of Ethics could not investigate because the statute of limitations had expired.

Steve Leventhal, the conflict counsel present, briefed the council on the body's limited options and the proper form of a legislative rebuke. "As a legislative body, you have the inherent authority to express yourself on matters of public concern," Leventhal said, explaining that a resolution could "recite the facts, express what values it considers to be important and arrive at a conclusion." The council asked Leventhal to draft such a resolution and submit it in advance of the meeting at which it would be considered.

Several council members argued a formal statement is necessary even though the ethics board could not pursue a formal investigation. One council member said, "This is a sad day because we're here talking about censure of one of our colleagues on the council," and urged action to preserve public trust. Other speakers stressed that the statute of limitations does not necessarily clear a person of ethical concerns and that a formal expression of disapproval is the instrument available to the legislative body.

The council did not vote on a censure at the meeting; it directed counsel to draft and circulate a resolution for consideration at a future session. The matter remains under procedural consideration and no final outcome was recorded.