Hempstead clerk Bonilla ordered to vacate office

Hempstead Town Clerk Mark Bonilla, who was convicted last month of official misconduct, was removed from his post Thursday and left his Town Hall office for the last time -- three hours after the deadline he had been given by the town.

Bonilla had been told around noon via a letter from town officials that he had until the end of business at 4:45 p.m. to leave his office and return his town vehicle, his office and car keys, and his town-issued identification.

Bonilla left around 7:45 p.m., making no comment as he walked quickly from the building and into the town garage.

The day's drama was precipitated by a letter sent Thursday from Gov. Andrew M. Cuomo to Hempstead Town acknowledging that Cuomo had received an official notice from the Nassau County District Court of Bonilla's criminal conviction and that the town clerk seat was now vacant.

Cuomo "has notified the Town of Hempstead Supervisor that the office of Hempstead Town Clerk is vacant based upon your conviction of a crime involving a violation of your oath of office," town attorney Joseph Ra wrote to Bonilla in a letter dated Thursday.

Justice Sharon Gianelli found Bonilla guilty of official misconduct on July 25. Bonilla threatened an employee with a job transfer if the employee didn't produce compromising photos of a woman who had filed a sexual harassment complaint against the clerk, prosecutors said.

Bonilla had continued to work since his conviction despite calls from Town Supervisor Kate Murray for him to resign.

"It is time for the town to move forward, and continue providing excellent services to the public without unnecessary distractions," Murray said Thursday in a statement. "I want to thank Governor Cuomo for his prompt attention to this matter."

Bonilla packed up his belongings throughout the day, including memorabilia, books, awards and electronics. He received help from general services department employees, who loaded his personal items into a white town van.

"It's unfortunate. It didn't have to happen this way," said Bonilla's attorney, Adrian DiLuzio. "They wanted to humiliate him. That's exactly what they did."

Deputy Town Clerk Phil Guarnieri will succeed Bonilla until a new clerk is appointed or one is elected in November, town officials said.

Bonilla, a Republican, was town clerk for more than 10 years and was paid $129,500 a year. He would be entitled to get a pension through the New York State and Local Retirement System, state officials said.

"When he does retire, his pension will not be subject to forfeiture under the existing statute," state comptroller spokesman Eric Sumberg said in an email.

Bonilla also would qualify for lifetime insurance benefits through the state Health Insurance Program, officials said.

"Generally, it's not going to affect his benefits," state Department of Civil Service spokesman Ed Walsh said.

Bonilla was convicted of a class A misdemeanor and faces up to 1 year in jail. Sentencing is set for Sept. 26.

Gianelli found Bonilla not guilty of three additional charges -- another count of official misconduct, a count of coercion and a count of attempted petty larceny.