WPCNR WHITE PLAINS LAW JOURNAL. September 28, 2004, UPDATED September 29, 2004, 12:noon E.D.T.: Councilman Larry Delgado announced Tuesday that he would not seek recovery of salary monies paid to Glen Hockley during the period Hockley served on the council.

Supporters of Mr. Hockley recently held a fundraiser for him at Dooley Mac's  (September 9) to raise money for legal fees to continue with his appeal. In invitations to that meeting, signed by Liz Shollenberger, Chair of the City Democratic City Committee, it was stated that "Delgado seeks to take more than $80,000 from Glen," and quoting a six-month old WPCNR quote from Jeffrey Binder to that effect, as documentation, though no suit for back pay had ever been filed. Today Mr. Delgado issued this statement:

“In recent months there has been speculation and statements by others as to my intentions with respect to suing Mr. Hockley in a separate action to reclaim the wages he earned while acting as Council Member.  I have often said that I considered such speculation to be wholly premature since a cause of action would not even accrue until there was a final unappealable judgment on the issue of the rightful winner of the election.

Section 63-b(4) of the New York State Executive Law (a.k.a. “The Quo Warranto Statute”) states in relevant part:

‘Where final judgment has been rendered upon the right and in favor of the person alleged in the complaint to be entitled to an office, he may recover, by action against the defendant, the damages which he has sustained in consequence of the defendant’s usurpation, intrusion into, unlawful holding or exercising the office.”

Even though this case has been prolonged by Mr. Hockley’s continuing appeals and notwithstanding the above provision of the statute, I have concluded that it is best to clear the air on this issue.  Today I am announcing that should I prevail in the appeal (which I expect) I will not use Section 63-b(4) or any other potential legal remedy against Mr. Hockley for back wages.  This case has always been about who was rightfully elected by the White Plains voters in the November, 2001 elections for Common Council.  It has never been about reclaiming pay earned by Mr. Hockley.

I have already instructed my attorney to communicate this pledge to Mr. Hockley’s counsel.”

Hockley Supporters Reported Delgado Going After Hockley Back Pay.

The Hockley Fundraiser letter written  to "Dear Fellow White Plains Dems:" from Liz Shollenberger on Mr. Hockley's behalf may have apparently triggered this "clearing of the air" statement. A copy of this letter was obtained by WPCNR  from an anonymous sender several weeks ago. 

The beginning of the letter announces the White Plains Labor Coalition as holding a fundraiser on Thursday, September 9, for Glen Hockley's Defense Fund, and after stating "Glen has a strong appeal," and giving the particulars of the invitation, It contains the following paragraph at the close of the letter with Ms. Shollenberger's signature "Liz" above it:

A footnote:

Some folks--even Democrats! -- are tempted to be a little sympathetic  to Larry Delgado, who, too, has been in legal limbo for these past two-and-a-half years. Please-- save your tears.

Consider: first because the Attorney General brought the case to court, since December of 2002, the State of New York (you and me and all the other taxpayers), not Delgado, has borne the lion's share of the litigation costs against Glen, while Glen has had to fund his defense, from supporters' contributions, and, in large measure, from his own pocket.

Second, Delgado has behaved extremely dishonorably toward Glen: when the appellate court heard legal arguments over the statute of limitations, Delgado's position--stated in open court--was that he wouldn't DREAM of going after Glen's slary, if Delgado were seated on the Council in Glen's place. This was part of Delgado's "logic" in persuading the intermediate level appellate court to buy a six-year statute of limitations for an action to overturn the results of an election. Now, however, Delgado has done a complete about-face. His spokesman was quoted in the press, saying "Mr. Delgado has now decided to seek full restitution from Mr. Hockley of all wages and pension contributions Mr. Hockley received during the almost 28 months Hockley has served" (July 8, 2004, CitizeNetReporter). Delgado seeks to take more than $80,000 from Glen.

The fundraiser attracted approximately 40 persons, according to a person who was present, at $50 minimum donation.

Jeffrey Binder, Mr. Delgado's legal counsel, upon reading the charges in the fund-raiser letter, issued this statement to WPCNR:  "After reviewing the limited caselaw and the facts, Common Councilman Delgado's decision to forego suing for back wages was indeed the right thing to do for all involved. I agree with and applaud my client's good will."