DEPARTMENT OF PUBLIC SAFETY

BUREAU OF POLICE
Shawn D. Harris ROOSEVELT SQUARE Richton Ziadie
POLICE COMMISSIONER MOUNT VERNON, NY 10550 CHIEF OF DEPARTMENT
(914) 665-2500

Richard Thomas
MAYOR

March 15, 2019

Lawrence Porcari, Esq

Corporation Counsel
City Hall
Mount Vernon, NY 10550

Hand Delivery and Via E-mail: lporcari@cmvny.com

Dear Mr. Porcari,

This letter is to request your assistance with a matter that requires your immediate attention. I recently received
two (2) Notice of Liability from the New Rochelle Police Department Red Light Traffic Safety Program for
violations involving a vehicle owned/registered by the Mount Vernon Police Department. The vehicle bears the
plate HUR 6959. This vehicle was assigned to former Deputy Commissioner Joseph Spiezio for official use as a
member of the Mount Vernon Police Department.

On February 7, 2019, when Mr. Spiezio was separated from the Mount Vernon Police Department, he was hand
delivered a letter directing him to return all department property and equipment to Lieutenant Marcel Olifiers.
The department property Mr. Spiezio was previously issued comprised of a Deputy Commissioner police shield
and Mount Vernon Police Department Police Identification with his photo and name. The equipment Mr. Spiezio
was assigned was a 2017 Black Chevrolet Tahoe (Vin: 1GNSKBKC9HR358220). As of this date, the department
property and equipment issued to Mr. Spiezio has not been returned as directed.

As I reviewed the videos of the violations, I was disturbed to see that the operator of the vehicle driving in a
reckless manner by failing to stop for a steady red light at a speed exceeding the posted speed limit by almost 20
mph (48mph in 30mph zone). Another violation showed the operator of the vehicle passing more than five (5)
vehicles which were stopped at a steady red light, and make a right turn from the left turn only lane. As you are
aware, the City of Mount Vernon is self-insured, therefore, a vehicle owned by the City of Mount Vernon being
driven in this reckless manner subjects the City to liability. Furthermore, a vehicle owned by the City of Mount
Vernon being driven in this reckless manner by a person who is not a city employee or officer, subjects the City to
increased liability which could result in unnecessary civil litigation and penalties. If the vehicle is involved in a
motor vehicle accident with another vehicle or pedestrian that results in death or serious physical injury claims
filed against the City of Mount Vernon will be substantial.

As the Commissioner of Public Safety, I have cognizance, jurisdiction, supervision and control of Department
property. As the Corporation Counsel, you act as the legal advisor and protect the rights and interests of the City.
It is not in the best interests of the City to permit a person who is not a city employee or officer possess and
exercise control over City property. Furthermore, it has been thirty-six (36) days since Mr. Spiezio was separated
from the Mount Vernon Police Department and he has failed to return department property and equipment. Mr.

“A CITY OF HOPE”
 DEPARTMENT OF PUBLIC SAFETY
BUREAU OF POLICE
Shawn D. Harris ROOSEVELT SQUARE Richton Ziadie
POLICE COMMISSIONER MOUNT VERNON, NY 10550 CHIEF OF DEPARTMENT
(914) 665-2500

Richard Thomas
MAYOR

Spiezio knows that as of February 7, 2019, he does not have the consent of the owner to operate or exercise
control over the 2017 Black Chevrolet Tahoe (Vin: 1GNSKBKC9HR358220) bearing NY Plate HUR 6959. As
of this date he is in violation of New York State Penal Law §165.05 Unauthorized use of a vehicle in the third
degree. Mr. Spiezio has also failed to return the City of Mount Vernon Police Department Deputy Commissioner
police shield and Mount Vernon Police Department Police Identification Card. As of February 7, 2019, Mr.
Joseph Spiezio was separated as a member of the City of Mount Vernon Police Department, therefore not
authorized to possess a City of Mount Vernon Police Department Deputy Commissioner police shield and Mount
Vernon Police Department Police Identification Card. Mr. Spiezio does not have the authority to wear or display
the City of Mount Vernon Police Department Deputy Commissioner police shield and Mount Vernon Police
Department Police Identification Card. If Mr. Joseph Spiezio expresses by his words or actions that he is acting
with the approval or authority or pretend to be a member of the Mount Vernon Police Department, he will be in
violation of New York State Penal Law §190.26 Criminal impersonation in the first degree and a criminal
complaint will be filed with the Office of the Westchester County District Attorney.

It is your ethical obligation as the Corporation Counsel to protect the public and protect the rights and interests of
the City as a municipal government, and not subject the same to needless actions, suits and proceedings brought
against it or any of the City officers due to malfeasance. Thus, I am requesting that you notify and direct Mr.
Joseph Spiezio to return all Mount Vernon Police Department property stated above without further delay to
Deputy Chief Roy Hastings. If he fails or refuses to comply, this matter will be referred to the Office of the
Westchester County District Attorney.

Please counsel members of the administration on Chapter 24 of the City Code, Article I Code of Ethics and New
York Penal Law §195 Official Misconduct and Obstruction of Public Servants. As a public servant who is
performing my duty, any form of retaliation against me, or any member of the Mount Vernon Police Department
directly or indirectly because of this action or the actions taken by me on February 7, 2019 shall be perceived as
an act of intimidation. Any interference or attempts to interfere with me performing my official duties by
intimidation or any independent unlawful act is unethical and unlawful, and the appropriate action will be taken.

Respectfully Submitted,

Shawn D. Harris
Commissioner of Public Safety

cc: City Council

Comptroller

“A CITY OF HOPE”