Spring Valley may have hired illegal immigrant workers before

By SUZAN CLARKE AND STEVE LIEBERMAN
THE JOURNAL NEWS

(Original publication: July 26, 2007)
SPRING VALLEY - The village may have paid undocumented immigrants to clear out furniture from a public works project for at least four days, not just two.

A review of documents obtained through a Freedom of Information Law request for payments or receipts made to day laborers shows that the village paid 10 workers on July 12 and 13.


The Journal News observed illegal immigrant workers at the municipal site July 17. Those workers said they had been there also on July 16. No records of payments on those two days were included in the documents released yesterday.


Mayor George Darden has acknowledged speaking with one man about "seasonal labor," but has not addressed specifics about the incident, including whether he or the village had used such workers before.


The same documents also show that Darden was reimbursed $925 that he paid in cash to the workers on July 12 and 13, but the mayor repaid the money July 18 on the advice of Village Attorney Bruce Levine.


The workers were paid $10 an hour.


A printed voucher submitted to the village listed Darden as the vendor and showed that five workers were paid a total of $375 on July 12, and 10 workers were paid a total of $550 on July 13.


The payment voucher, submitted July 13, was signed by Neil Vitiello of the village's Department of Public Works. Vitiello, the deputy supervisor of the DPW, was the same person observed by The Journal News picking up two undocumented immigrants in a village DPW truck on July 17 and taking them to work at the project. Asked about his action at that time, Vitiello told The Journal News that he was acting on orders and referred questions to the mayor.


Darden, a Democrat, also signed that voucher to authorize the payment to himself.


According to the documents released, Sandra Bullock, the village treasurer, issued Darden a check for the payment - $925 on July 13 - from the village's general fund. A handwritten note on the copy of the check read "I, Sandra Bullock, Village Treasurer, for the Village of Spring, was directed to make payment by Mayor Darden for removal of furniture @ 65A Main Street."


Darden is away on vacation this week. He has not returned messages left for him at the office and with village officials and staff. Deputy Mayor Noramie Jasmin had declined to comment on the situation.


Darden has not answered any questions about the matter, including whether the village had used undocumented workers before or how long the village had contracted with the worker he approached.


Levine, who was out of town from the middle of last week until Tuesday, could not comment on the specifics of the case.


The village did not have documents showing any payments made to workers on June 16 and 17, but an undocumented worker has said an employee from the Department of Public Works paid him and others in cash on July 17.


The mayor has not said whether he had filed a voucher for any payments made July 16 or 17, but Levine said he told Darden last week not to submit further documents until the village determined what it needed to do.


"I'm evaluating the situation," said Levine, who also is a Democratic county legislator from Montebello.


The undocumented worker, Felix Sandoval, told The Journal News that Darden himself came to Route 59 on July 15 to ask him to bring workers to the site at 65A N. Main St. the next day.


Darden has been widely criticized for having hired a worker from Route 59 - a common spot where day laborers, many of them undocumented immigrants, wait for work.


Darden admitted he made a mistake and the state's Department of Labor ordered the village to pay each worker about $30 an hour extra in back pay.


The department said it did not pursue civil or criminal charges because it was Darden's first known offense.


Chris Perham, a Labor Department spokeswoman, said yesterday that the mayor had promised to issue the back pay in full by the end of this month.


"That was his promise to us," she said. "Our staff will meet with the mayor's staff after that happens to confirm that the situation is resolved."


Darden said in a statement last week that he had discussions about seasonal labor with a man who appeared to have legal identification and who promised to bring family members to the job. Instead, Darden said, the man brought other workers.


Darden has said the village didn't knowingly or intentionally hire undocumented immigrants.


One municipal lawyer, speaking in general, said the mayors typically don't have the power to hire.


"The mayor doesn't have the authority to hire employees. That's an action that requires action by the board of trustees," said Howard Protter, a municipal law expert with the firm Jacobowitz & Gubitz in Walden, N.Y.


Asked whether a bid would be required for acquiring the labor for the project, Protter said the amount of payment - the village's documents show a payment of $925 - fell way below the threshold required for bidding.


However, Levine acknowledged yesterday that the village's own procurement policy required a higher standard.


The code mandates that two verbal quotes be sought for such jobs between $250 and $2,999, and that three quotes - verbal or written - be sought for jobs costing $3,000 up to $3,999.


Levine could not comment on whether the mayor had sought other quotes before hiring the laborer.


Asked about the proper practice for making reimbursements, Protter said it wouldn't be proper to reimburse an official who was unauthorized to incur an expense unless a board of trustees adopts a resolution approving it after the fact.


That can be done, Protter said, but added, "It's not good practice."


Levine said the board can approve payments after the fact. Such actions typically are taken when there is a short time frame where something needs to be done before a village board meeting.


The village acquired 65A N. Main St. by eminent domain from Grove and Main SV Realty, but is in litigation with the owner for the building's final value and back rent. The village also is seeking that Grove and Main pay for the removal of furniture and other items that had to be removed from the building before its imminent demolition.


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Reach Suzan Clarke at snclarke@lohud.com or 845-578-2414.