Former health commissioner Dr. Michael Mendoza signed NDA with Monroe County

ROCHESTER, N.Y. (WROC) — Former Monroe County Commissioner of Public Health Dr. Michael Mendoza signed a non-disclosure agreement with the county preventing either side from commenting on the circumstances behind his sudden resignation .

Mendoza took on the position in 2016 and served throughout the COVID-19 pandemic. He was reappointed in August, 2022 and resigned in March. When asked about Mendoza’s resignation days later, Monroe County Executive Adam Bello’s response was terse.

“Earlier this week, he chose to step down, there’s nothing more to say about that, there really isn’t,” Bello said .

Legislators from both sides are inquiring about Mendoza’s departure.

According to the NDA, which can be read in full below, Mendoza “may not disclose anything related to his employment,” and the county may only respond to questions about his resignation by citing points included in the press release issued on the day of the announcement.

The NDA states Mendoza “shall not be subject to investigation and/or disciplinary action and will be deemed to have voluntarily resigned.” It also serves as a “promise” from Mendoza never to file any lawsuit or claim against the county.

The NDA does stipulate that Mendoza and the county would not be prevented from testifying truthfully if compelled to by a subpoena. Monroe County Legislature Vice President Mercedes Vazquez Simmons and Legislator Rachel Barnhart called on the rest of the legislature to form a special committee and consider using subpoenas Wednesday, saying, “we are not aware of another way to determine the whole truth of what happened.”

“The mere existence of the NDA and its contents is enough to warrant a legislative inquiry,” their letter to the county legislature reads. “Dr. Mendoza has critical information and perspective which could inform public health efforts in New York and across the country. Yet the Non-Disclosure and Non-Disparagement clause prohibits Dr. Mendoza from ever discussing ‘anything related to his employment’ or ‘information he learned during his employment,’ including about County processes and systems. This would appear to forever prohibit Dr. Mendoza from speaking about Monroe County’s pandemic response, particularly if he wanted to share insights into what could have been done better.”

Read the full NDA

The county announced Mendoza’s resignation on March 20. According to the NDA, he was “deemed to have voluntarily and irrevocably resigned” on March 19. He was paid for the rest of the month and for unused vacation time totaling an estimated $49,000.

Under the NDA, Mendoza is prevented from entering all county facilities unless he has “legitimate business” there and gives 48 hours notice to the county’s director of public safety.

“These clauses and stipulations, such as requiring 48 hours’ notice to the Director of Public Safety for the former Commissioner to ‘enter County facilities,’ invoke a great wonder and concern about this sudden and apparently secretive departure,” Monroe County Legislature Republican Conference Leader Steve Brew said in a letter Thursday.

The county agreed Thursday to brief legislators on the situation in confidential, attorney-client privileged briefings.

Deputy Commissioner of Public Health Dr. Mareilena Velez de Brown was named acting commissioner upon Mendoza’s resignation.

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