HAVERSTRAW VILLAGE ‒ The Board of Trustees has fired longtime Assistant Building Inspector Rafael Bueno Jr. on misconduct claims, leading the longtime inspector to challenge the decision in state court.
The board found Bueno violated village code by giving a property owner information that could help him get violations dismissed in Justice Court. Bueno admitted, according to court documents, that he tipped off the property owner in October 2023 that Chief Inspector Ruben Berrios had illegally mandated that only he himself could sign violation notices, even if Berrios did not inspect or witness the violations.
Bueno is asking New York State Supreme Court to stop his firing pending his appeal. He filed an Article 78 petition on Aug. 16 to challenge the decision of a government body.
The village filed two misconduct charges against Bueno on Feb. 5 and a Civil Service disciplinary hearing began on Feb. 29. Court documents show a hearing officer dismissed one of the two charges in a decision dated March 18, 2024.
Hearing officer recommended two-week suspension for Bueno
The hearing officer, former New York State Supreme Court Justice Robert Berliner, had recommended a two-week suspension without pay as Bueno's penalty for tipping off the Warren Avenue property owner. Berliner cited Bueno's unblemished record over two decades and that he admitted during the hearing that he made an error in judgment and was contrite.
However, the Board of Trustees voted 3-1 to fire Bueno. Mayor Michael Kohut, Deputy Mayor Gil Carlevaro, and Trustee Richard Sena voted to dismiss Bueno. Trustee Joel Santana opposed, while Bueno's father, Trustee Rafael Bueno Sr., abstained.
Kohut sent Bueno a termination letter on April 19. Kohut cited hearing testimony and the village employee handbook outlining ethical behavior for a village official.
"Your actions support a finding that you knowingly and intentionally abused your power as a public official of the village, your surreptitious actions proved you willfully interfered with village operations, and you have been dishonest in your public role," Kohut wrote.
Kohut declined Wednesday to comment on Bueno's legal action, saying the board's decision speaks for itself.
Bueno's appeal argues the dismissal penalty didn't fit the offense.
" His termination is so disproportionate to the offense as to shock one's sense of fairness," said Bueno's attorney, H. Joseph Cronen of Charny and Wheeler, lawyers for the local CSEA union.
Cronen noted the hearing officer dismissed a charge that claimed Bueno made an unannounced visit to the building to conduct a follow-up inspection despite Bueno knowing that it was village policy to schedule visits ahead of time and despite being directed not to do so by a superior.
Among those who testified at Bueno's hearing were Bueno, Berrios and Clement Asemota, the owner of the building in question at 17 Warren Ave.
Bueno cited the property for violations, including lacking a certificate of occupancy.
Cronen said in legal papers that Asemota had a reputation for threatening people, and that he had harassed and threatened Berrios to such a degree that police were called. He said Bueno was wary since he and his family live near Asemota.
Bueno explains his actions, seeks reinstatement
Bueno admitted he had called Asemota about how to beat the ticket, testifying that he understood the phone call to be inappropriate. But explained his concerns about Asemota, according to transcripts of the hearing.
" ... I want ‒ you know, to make him think to not come after me, you know, that was my intention so he wouldn't harm me . . . And my family, most importantly," Bueno testified. "Like I said, I had little children and he lives within close proximity to me ... he threatened my boss he is coming to the office, the police had to be called to come get him, okay."
Cronen also argued Bueno's working relationship with Berrios became strained after Bueno reported Berrios unlawfully required that only he could sign violations/tickets, even if he didn't witness the violations. "This was unlawful because the tickets purport to be based on personal knowledge and proclaim that making a false statement on one is a misdemeanor," Cronen wrote.
Bueno's legal action asks the judge to order the village to reinstate him as assistant building inspector and grant damages, costs, and attorney’s fees. The legal action has been assigned to acting Supreme Court Justice Keith Cornell at the County Courthouse in New City. The next court date is Sept. 20
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal
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This article originally appeared on Rockland/Westchester Journal News: Haverstraw village Assistant Building Inspector Rafael Bueno Jr. fights firing in court
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