Today, the city’s corporation counsel released the previous suspension charge following an order from the court to release records that are not in dispute as part of the legal proceeding. Albany Proper had sought his full record under a Freedom of Information filing.
According to the suspension paperwork, on April 6th Pommer was sent to Bumpy’s Polar Freeze in Schenectady to enforce COVID-19 social distancing requirements. Governor Cuomo had required all non-essential businesses in the state to close through a ‘New York on PAUSE‘ executive order. In addition to businesses closing, the order also banned “all non-essential gatherings of individuals of any size for any reason.”
The resulting charge noted that Pommer displayed “unsatisfactory work performance and inefficiency in carrying out his work assignment” at Bumpy’s.
The union didn’t dispute the charge and Pommer admitted to “making unprofessional and inappropriate remarks concerning his duly constituted authority, the authority of the Department to enforce social distancing, and the social distancing orders themselves and the constitutionality of closing non-essential businesses.”
Mayor Gary McCarthy signed off on the suspension agreement.
Bumpy’s was in the news this summer after Black Lives Matter protesters rallied outside the ice cream shop over racist allegations against owner David Elmendorf. The owner was arrested after pointing a pellet gun at protesters, and Schenectady county would eventually shut the business down through a court order and fine Elmendorf $10,000 over failure to comply with COVID-19 restrictions.
Patrick’s work has been published internationally, including on the front pages of the New York Times and Wall Street Journal. After a 10 year career in journalism and marketing, he is now pursuing a Masters in Public Administration. He launched Albany Proper in 2012.