City Attorney: My Termination was Politically Motivated

A City of Long Beach attorney who announced his candidacy for City Court judge on Monday was fired two days later and has filed a $1 million lawsuit against the city, claiming his termination was politically motivated.  

Follow Long Beach Patch on Facebook.

Theodore Hommel, the Republican nominee for the city bench who has served as assistant corporation counsel for the city since January 2011, said City Manager Jack Schnirman called him to his office Wednesday and handed him a letter terminating his employment, which read: “Please be advised, your services as Assistant Corporation Counsel for the City of Long Beach will be terminated, effective immediately.”  

With the endorsement of the Long Beach Republican Committee, Hommel announced Monday his candidacy to challenge Democrat Roy Tepper in the Nov. 5 election.

“My nomination for City Court judge was announced on Monday and I was terminated on Wednesday for no cause, with no explanation,” Hommel said at a press conference he and his attorney, Frank McQuade, held at Kennedy Plaza outside City Hall on Friday.  

McQuade, who characterized his client’s termination as politically motivated retaliation and a violation of his civil rights, served the city and Schnirman with a notice of claim Friday, in advance of Hommel’s $1 million lawsuit in the United States Federal District Court, seeking punitive damages, compensatory damages and attorney fees against the city and Schnirman. The city has 30 days to respond to the notice.  

“We allege that the firing was illegal, as it breached Mr. Hommel’s rights to free expression, equal protection under the Constitution and it was also in violation of New York State Labor Law,” McQuade said.

Asked if his client’s candidacy for city court judge while employed as a city attorney is a conflict of interest, McQuade said that 20 percent of the cases Hommel handles presently are in city court. “Most of them are very quick; we’re talking parking tickets, we’re talking building issues, which would be resolved presumably in the next couple of months,” said McQuade, who dismissed a conflict of interest as a justifiable defense.

McQuade said that Hommel, who was also deputy Nassau County attorney from July 1978 to January 1980, wouldn’t be the first former ADA or corporation counsel to be nominated as judge, adding that its was “fairly common promotion ladder for those who are involved in municipal governments.”  

McQuade said that state Labor Law, section 201-d, bans discharge or employment discrimination based on political affiliation, and would supersede anything the the city charter says on the matter.

The city did not return Patch's requests for comment on the case Friday.

A lifelong Long Beach resident, Hommel has been a practicing attorney for more than 35 years, and following his service with the county worked as an attorney for a Mineola law firm, a private practice in Garden City and Avis, the rental care company. In his position as assistant corporation counsel, Hommel said that he worked “seamlessly” with the Democrat administration that gained majority control on the council in January 2012.

“I have served the city for two years and four months without any incidents and without any complaints,” Hommel said. “I’ve always been professional and handled my duties and responsibilities.”  

MORE NEWS
Bidding For an End to Party Politics
Disaster Recovery Centers for Sandy Victims to Resume
As Passi Departs, Long Beach Seeks New LBHS Principal