Phil Reisman: Guilty plea dogs Mayor Davis

From the standpoint of pure political resiliency, Mount Vernon Mayor Ernie Davis has more lives than a cat.

When he lost the 2007 mayoral election as a three-term incumbent, it looked like his career was through. But then Davis bounced back—retaking the mayoralty four years later by a slim 101-vote margin in a city with about 35,000 enrolled voters.

For several years he was under a federal corruption investigation, which only intensified with his return to office. The pressure almost broke him, as evidenced by a tearful WVOX radio interview during which he claimed he was a victim of racism.

But in the end all they got him on was two misdemeanor counts of income tax evasion.

On Oct. 14, Davis pled guilty and avoided jail. He was sentenced to two years probation and fined $10,000.

After that, his adversaries demanded he resign.

But Davis ignored them, and he was backed by his friends and allies—among them Reginald Lafayette, the county Democratic boss, who averred Davis was a good mayor and that the whole mess was a "personal matter."

Now, eight months later, Davis, 76, is facing yet another challenge. This one is written in black and white in the Mount Vernon City Charter.

Article IV, Section 25 says the following:

"Any officer or employee who willfully violates or evades any provision of law, or of this chapter, or by culpable neglect of duty allows any public property to be lost to the City, shall be deemed guilty of a misdemeanor and, in addition to the penalties imposed by law, shall on conviction forfeit his office or employment."

Richard Thomas, a 32-year-old city councilman and one of four people who have announced their intention to run against Davis in a September primary, said the charter makes it clear: Davis has no right to remain in office, and should've resigned on the day he was sentenced.

Thomas plans to bring up the issue at a press conference scheduled for noon Tuesday on the steps of Mount Vernon City Hall.

This isn't the first time the subject has been raised. Two months after Davis's sentencing, a group Mount Vernon taxpayers cited the charter in an effort to get the mayor to resign.

Davis's attorney, Jeremy Temkin, said the statute only refers to a defendant's conduct in public office, not conduct unrelated to the office. It was also asserted by Temkin that the issue was discussed with federal prosecutors before the mayor entered his guilty plea and that they agreed with the interpretation.

However, after reading the charter provision on Monday, Pace University Law Professor Bennett Gershman, said Davis could have a problem.

"It's exactly what it says," Gershman said of the provision. "I tell you it's very, very clear and unambiguous. There's no question."

He added that past court decisions may support Davis's legal position, but he wasn't aware of any.

"But it's very clear on the face of it," Gershman said. "It's all encompassing. And if there's no court cases that limits it, then it is what it is."

Reached Monday, Davis was typically defiant. First and foremost, he said he would not step down, despite any legal arguments that say he should.

"No," he said. "That was checked out before I decided to go forward with what I did."

"It can happen to anybody, but it happened to me," he said of his tax trouble. "I didn't cross the t's and dot the i's, and I take full responsibility for that."

He characterized Thomas as "desperate."

"It shows you to what lengths he will go," he said. "He's a spoiled child who has no respect for anything. He's so willing to put himself out there for any reason he thinks will garner him attention."

Thomas said he notified the state attorney general's office about the charter. An AG spokesman had no comment.

The candidate said he offers a younger, fresher alternative for the city. He made it clear that he viewed Davis as representative of an older, corrupt brand of politics.

"City Hall is not a retirement home," he said.

Thomas said Davis was obligated to resign under the charter rules. He reached for a basketball analogy.

"It's like fouling out of the game, but he still says, 'No, I'm going to keep playing,' You know, LeBron James gets six fouls and he's out of the game.

"That's it."

Email: preisman@lohud.com Twitter: @philreisman