Mount Vernon officer with kidney failure granted extension after being terminated

MOUNT VERNON, New York (WABC) -- A Mount Vernon police officer who was set to be terminated by the department at the end of the month has been granted an extension.

Derek Williams, a 19-year police veteran who is six months from retirement and battling kidney failure, would have lost his health benefits due to his termination.

After reviewing his circumstances, Mount Vernon Mayor Shawyn Patterson-Howard announced on Thursday that she has approved a six-month extension of Williams' health benefits and separation date.

"When it comes to serious illness it requires a softer touch of government that goes beyond bureaucracy," Patterson-Howard said. "Having a mother who is currently dealing with dialysis, I understand the tough period he is going through. In a brief conversation had with Officer Williams today, he indicated a lack of PBA representation during this process. As such, I am granting a six-month extension, directing my staff to support him and urge his union to continue donating sick days to cover his time. My heartfelt prayers are with him and his family as we work together through this unfortunate situation."

The mayor said that despite Williams being out of work since April 2023, the extension is being granted in recognition of "the serious health challenges he is facing and to allow additional time to complete the retirement process."



The Mayor's Office has reached out to City Council and comptroller to ensure legislation is presented to formalize the process. Additionally, Mayor Patterson-Howard said the city will continue to contribute a portion of Officer Williams' health benefits for an additional six months and ensure he can access the benefits earned through his years of service to the city.

The city of Mount Vernon responded to our earlier report earlier on Thursday.

As Eyewitness News first reported, Derek Williams is on dialysis, and his doctors say he can work on light duty, but the Mount Vernon Police Department, which is just north of New York City, says he can't work and is terminating him on Dec. 31.

Mount Vernon released a statement about the situation, saying "the City does not take it lightly. As a public employer, the City is required to follow state law, local law, and collective bargaining agreements, and it has done so at every step."

According to the city of Mount Vernon:

The officer returned to full duty in April 2020, went out again in April 2023, and has not returned since.

Under the PBA contract, donated sick leave for catastrophic illness or injury has been available since October 2023 and remains available. The Commissioner's Office provided the maximum 30 days permitted under the City Charter, and PBA members donated an additional 15 days.

The officer has not accrued sufficient service time to qualify for full retirement benefits, which would not occur until 2030, not within six months as has been alleged. Any determination regarding retirement or disability is made solely by the New York State and Local Retirement System, not the City. Time spent on unpaid leave does not count toward service credit under state law.

New York State Civil Service Law 73 permits separation after one year of inability to perform essential duties. The City delayed action due to limited medical information, a reasonable expectation of recovery, and the absence of a Line of Duty Injury application.

Light duty is not automatic and is limited to officers approved under General Municipal Law 207-c. There is no law or policy that allows the City to assign light duty without an approved 207-c application.

Since April 2023, the City has not received any applications for retirement, light duty or accommodation, medical leave of absence, FMLA, workers' compensation, or 207-c that would change the legal status of this separation.

The City followed the required process, provided additional sick leave and extensions, and acted responsibly. Failure to complete required paperwork is not a failure of the City.

Compassion and accountability are not mutually exclusive. The City remains open to working within the boundaries of the law, through the officer's legal representation, toward the best possible outcome.

"I do nine hours of dialysis, seven days a week, to maintain my health. Without that, I wouldn't survive," Williams told Eyewitness News reporter Marcus Solis.





Williams, a former member of the Elite Emergency Service Unit, contracted COVID-19 in 2020 after months of working double shifts.

The department has classified Williams' kidney failure as a non-job-related illness and stopped paying him when he became too sick to work.



Doctors have cleared the 45-year-old for desk duty, and he is just six months shy of qualifying for a reduced pension. His request has been denied.

Williams has a pending application for a state disability pension and is on a kidney transplant waiting list.

Under H.R.1, all End-Stage Renal Disease (ESRD) for dialysis and transplant patients are eligible for Medicare. President Richard Nixon signed H.R. 1 into law in 1972, granting Medicare eligibility to these patients regardless of age. Williams does have SSI disability.

His co-workers are raising funds to support Derek with his ongoing medical expenses, health insurance, and living costs. They said this is the only official GoFundMe page for Officer Williams.


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