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NEWBURGH, N.Y. -- Newburgh City Manager Richard Herbek showed up to work Monday, a day after he told Mayor Judy Kennedy that he was going to leave his office.

This all comes after city police pulled him over with a known prostitute. YNN received a police record of this incident which says on October 17th, Herbek was pulled over along Lander Street. In the car with him was a woman arrested in an earlier prostitution sweep.

Herbek was not arrested and no charges were brought against him or the woman. Herberk says at the time he was "helping a drug addict."

On Sunday morning, Mayor Kennedy said she received a call from Herbek saying he would leave his post, but then he was at work Monday.

"I was sort of dumbfounded really," said Mayor Kennedy. "I thought he made a good decision for both himself and the city yesterday. I don't think it is good for the city at all."

The city council could remove Herbek from office, but there would need to be a 4-1 majority. The mayor says right now it is split 3-2.