Wagstaff v. Mt. Vernon Urban Renewal Agency

*1  Atrial was held in this small claims action where the plaintiff seeks to recover damages in the amount of $4,500.00 resulting from defendants’ alleged breach of a consulting agreement. Ms. Shawyn Patterson Howard testified on behalf of plaintiff. Ms. Howard was the Executive Director of the City of Mount Vernon Urban Renewal Agency from March 2016 until January 2017. As such, she was an employee of the City of Mount Vernon. Ms. Howard testified that defendant Mount Vernon Urban Renewal Agency and plaintiff entered into a consulting agreement on September 29, 2016, with an effective starting date of September 15, 2016, whereby plaintiff was to act as the compliance officer for defendant to ensure that it was complying with all applicable federal, state and local regulations. A copy of the consulting agreement was marked as plaintiff’s Exhibit “B”. The term of the consulting agreement was to begin on September 15, 2016 and was to terminate on December 15, 2016, unless terminated prior in the manner prescribed for in the agreement. Ms. Howard testified that prior to renewing plaintiff’s position as a consultant the Mount Vernon Urban Renewal Agency Board, of which she was a member, would have a board meeting and then vote on a resolution regarding whether to enter into a new consulting contract with the plaintiff. Ms. Howard also testified that to her knowledge the renewal of plaintiff’s consulting agreements had always been executed retroactively. She further testified that defendant was considered an independent contractor and not an employee. Accordingly, the City of Mount Vernon did not deduct taxes from its payments to plaintiff.In or about November 2016, the Mount Vernon Urban Renewal Agency received a subpoena from the United States Attorney’s Office of the Southern District seeking certain documents. Ms. Howard testified that she sent a copy of the subpoena to Mr. Lawrence Porcari, the City of Mount Vernon Corporation Counsel and that she had conversations with Mr. Porcari and other officials of the City of Mount Vernon regarding the subpoena. In

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