Kelly tapped for Long Beach Civil Service Commission

Former Democratic City Councilman Dennis Kelly has been tapped by City Manager Charles Theofan to fill a vacant spot on the three-member Civil Service Commission, six months after a hearing officer ruled that commissioner Leary Wade be removed from office.

At Tuesday’s City Council meeting, the council will be asked to vote on a resolution confirming the appointment of Kelly to fill the remainder of a term that expires on May 31, 2012. If appointed, Kelly, an attorney, will join William Miller, the commission’s chairman, and commissioner Susan Mackston Solomon, whom the council re-appointed last year by a 3-2 vote.

On June 28, former State Supreme Court justice and Nassau County administrative judge Edward G. McCabe ruled that Wade, who pleaded guilty last year to renting illegal basement apartments — and allegedly threatened Theofan — should be removed from office. Wade’s attorney, Fred Brewington, and many supporters claimed racial discrimination and said that Wade was the target of political retaliation for cooperating with an investigation into the commission by District Attorney Kaltheen Rice.

Many also took issue with how the building violations were issued and argued that Wade's guilty plea in Long Beach City Court was "coerced" and lacked a specific admission of guilt. Theofan and the majority council members were also criticized for amending the city's charter to allow the council to appointment McCabe as the hearing officer.

McCabe disagreed with claims of racial discrimination and other allegations and ruled in favor of the city. Theofan and other city officials maintained that the violations were issued properly and strongly disputed the allegations, saying that Wade violated his oath of office by renting illegal basement apartments. Theofan also said that all members of the commission have been cooperating with Rice's investigation.

Brewington said that he was disappointed by McCabe’s ruling and that Wade intended to appeal it.

On Tuesday, the council is also slated to vote on a resolution to re-appoint Zoning Board of Appeals trustees Rick Hoffman and Angelo Lomonte to three year terms.

The Herald will update this story. To view Tuesday’s agenda, click on the link: http://www.longbeachny.org/vertical/Sites/%7BC3C1054A-3D3A-41B3-8896-814D00B86D2A%7D/uploads/December_20_2011_Agenda.pdf

Correction: An earlier version of this article incorrectly stated that Andrew Malekoff is the chairman of the Civil Service Commission. Its commissioner is William Miller.