Viv violated state law in secret: judge
City Council Speaker Melissa Mark-Viverito flouted two laws — and even the state Constitution — in a behind-the-scenes power struggle with a political foe, a Manhattan judge ruled Thursday.
Mark-Viverito and her council cronies “attempted to appoint a commissioner in a closed-door meeting in violation of the Constitution, the Public Officers Law, and the Election Law,” Justice Alexander Tisch wrote in the stunning rebuke.
Manhattan Democratic Party leader Keith Wright had sued the speaker earlier this month, claiming she is trying to usurp years of tradition to make her pal Andy Praschak Manhattan commissioner of the city’s Board of Elections, rather than allow Wright to oversee the appointment.
In his first-of-its-kind decision Tisch blocked Mark-Viverito from appointing Praschak and said the power to appoint BOE commissioners ultimately lies with the party and not the council.
He said the council should consider Wright’s choice, attorney Sylvia DiPietro.
Wright said Tuesday he was thrilled with his court victory.
“I always thought we were right on the law. This was an overreach of authority and discretion by the speaker,” Wright said. “I’ll take it as an early Christmas present.’’
Wright’s lawyer, Arthur Schwartz, called the ruling “a vindication of the Democratic process.”
The state Constitution says the nominations should come from political parties, not legislative bodies, although the council then votes on the selection.
Mark-Viverito not only snubbed Wright’s choice for commission, she also held three meetings about Praschak’s nomination on Nov. 21, 29 and 30 in secret, the judge found.
Mark-Viverito and her lawyers did not respond to a request for comment.