Government by Lawsuit, Rather than Negotiation & Compromise, Is Not the Answer!

Dear Friends:

Below is a Newsday Westchester article on the latest lawsuit in county government – this time over child care funding.  Unfortunately, most of the Democrat County Legislators have adopted a troubling strategy of suing County Executive Astorino when they disagree with him. It’s partisan…It’s political…It’s about obstruction over governing. When you read their quotes in the article, you will think the sky is falling for child care in Westchester, and that is far from the truth. Here are the facts before you read the article:

1. County Executive Astorino presented a common sense idea in the proposed 2012 budget to raise the child care contribution by some parents from 15% to 35%. This would free up funds to help even more families and also help reduce county spending. The Republican Legislators were open to the change, ready for a thoughtful discussion and open to a compromise, but the Democrats just said NO, even though it is not even their decision to make, since the contribution percent is legally set by the Westchester Social Services Commissioner and must be approved by the State.
2. The Democrats then amended the budget based on a parent contribution of 20%, but when they did this, they did not restore enough funding to cover the County’s child care expenses for 2012.  This left a $2.5 million hole in the budget.
3. This budgeting mistake will cause child care funding to run out over the summer.
4. The Astorino Administration then took the responsible action to ask the State to set the contribution at 35% to ensure we have enough funds to cover child care costs this year.  This request was approved by the State.
5. And what did the Democrats do – they sued the County Executive yesterday!  Yes, they created the problem by amending the budget in an irresponsible way, and then sued the County Executive after he was forced to clean up their budget mess.

We all realize that child care is very important to many families, and I remain supportive of the County assisting working families with this expense. However, here is another fact – the County currently spends more for child care than we are mandated to do under law – and the taxpayers of Westchester are paying about $8 million of the total $33 million bill for child care. Whether the parent contribution is 20% or 35%, or somewhere in between, our county and its taxpayers have been very generous and caring in our child care funding.

Whether the issue is child care or any other County funding stream, I will continue to urge the County Executive and County Legislators on both sides of the aisles to find ways to provide services in a more affordable and cost-effective manner - because we must hold the line on county spending and taxes. Lastly, I will keep working to bring our county leaders together to negotiate rather than litigate.

Jim Maisano
County Legislator
914-355-9205
CtyLegJimMaisano@gmail.com

PS:  Please join us for my annual beach party fundraiser on June 7 at Dudley’s in New Rochelle.  Check out link for more info:

http://us2.campaign-archive.com/?u=4d55e33d71b3667dcddeca00b&id=2ca9975135

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Westchester day care subsidy feud heats up

Newsday Westchester – Link:  http://newyork.newsday.com/westchester/westchester-day-care-subsidy-feud-heats-up-1.3753212
Updated: May 31, 2012 6:52 PM
By CHRISTIAN WADE  christian.wade@cablevision.com

The battle over child day care subsidies in Westchester County is headed for a courtroom.

On Wednesday, Democrats in the County Legislature filed a lawsuit against County Executive Rob Astorino asking a county judge to block the Republican leader’s move to increase family contributions for child care by about $120 a month.

The lawsuit, filed in Westchester County Court by legislators Ken Jenkins, Peter Harckham, Lyndon Johnson and Mary Jane Shimsky, asks a judge to grant an injunction against the increases and set a trial to challenge the proposed changes to the contributions. The lawmakers argue that many low-income families can’t afford the increases.

“Many of them will have to take their children out of day care and stop working to take care of them,” Jenkins and other lawmakers wrote in a 28-page complaint filed along with the lawsuit. “Some will have to be placed on public assistance, at the taxpayer expense, and may not be able to return to their previous employment.”

An Astorino spokesman said the lawsuit didn’t change the reasoning for the increase.

“The Democrats on the Board of Legislators didn’t put enough money in the 2012 budget to cover the cost of the county’s day care program,” said Astorino spokesman Ned McCormack. “Ironically, the lawsuit, if successful, will only speed up the day care program running out of money.”

In February, Astorino called for a 15 percentage point increase in contributions, from 20 percent to 35 percent, and limits on the number of children who can participate in the program. The county says the increases are needed because funding for day care subsidies and other programs for low-income families will be depleted by July 31.

More than 3,500 children participate in the county’s day care programs, which cost an estimated $30 million a year to operate. About 75 percent of the funding comes from the federal government.

The changes, which go into effect on Friday, will increase family day care contributions by roughly $6 a day, per family, according to figures from the county.

Democrats in the County Legislature say that would create a hardship for working families and have lobbied state officials to reject Astorino’s move, efforts that have so far been unsuccessful. They argue that Astorino violated the county charter by making the cuts after the Legislature had set the contribution at 20 percent in the 2012 budget.

Last month, Democrats passed two largely symbolic resolutions: one requesting that state laws be amended to require approval of any changes to funding be approved by the county Legislature, and a second asking the state Office of Children and Families Services to intervene in the dispute over increasing the day care contributions.

The vote was split along party lines, with the Legislature’s Republican members voting against the resolutions.

“It’s simply cruel to force this change on hardworking Westchester residents in the middle of the year, especially when there has not been a decent argument made as to why the change — and resulting financial hardships — are necessary,” said Shimsky, (D-Hastings-on-Hudson).

Legis. Jim Maisano (R-New Rochelle), the county Legislature’s Republican minority leader, said the ongoing dispute shows “fundamental” differences between both political parties over the county’s role in subsidizing child care.

“We’re basically dealing with numbers,” he told Newsday. “We don’t have enough money in the budget for child care, which is why we need to increase the contribution to 35 percent.”

He said called the decision to file litigation to block the cuts “unfortunate.”

“This is government by lawsuit and I think that’s very unfortunate for the county’s taxpayers,” he said.

Astorino and Democrats on the board have been feuding over the day care subsidies since he took office in 2010. Last year, the board voted to restore $4.3 million of day care subsidies cut from the 2012 budget.

Fleet Week 2012 NYC – USS Wasp

Fleet Week 2012 NYC – USS Wasp, a set on Flickr.

The Maisano Family had a terrific time at Fleet Week on Sunday, May 27 in New York City near the Intrepid. We spent a few hours on the USS Wasp – LHD 1 – a U.S. Navy multipurpose amphibious assault ship, the tenth to bear the name, the flagship of the Second Fleet and the lead ship of her class. We were greatly impressed with the Marines and Sailors we met, and we are very lucky to have them protecting our freedom and liberty every day. Here are some great photos from our trip.

County Legislator
Jim Maisano
914-636-1621
CtyLegJimMaisano@gmail.com

Republican County Legislators Prevent Precipitous Vote on Five Resolutions

PRESS RELEASE

Republican County Legislators Prevent

Precipitous Vote on Five Resolutions

At the regular meeting of the Westchester County Board of Legislators on Monday, May 21, the Republican Legislators deferred a vote on five resolutions that were hastily submitted by Board Chairman Ken Jenkins earlier in the day on Monday.  The Republicans cited the flawed and confusing language of the documents as well as the lack of time to review them in delaying the vote.

Republican Caucus Leader, Legislator Jim Maisano (R-New Rochelle) said, “These resolutions effectively give Chairman Jenkins authority to file suit and seek court rulings on five serious and important issues.  To undertake litigation of this scope certainly requires more than a few hours of review and deliberation.  We will insist that all legislators conduct their due diligence on these items, so that they can cast thoughtful votes.  The fact that we are expected to vote on five resolutions after limited review is unacceptable, and our Board needs to implement controls to ensure that all legislation is reviewed in detail.”

The five resolutions that Chairman Jenkins submitted for consideration would have given him the Board’s permission to take the County Executive to court.  Jenkins’ stated objective in the resolutions is to seek a “Declaratory Judgment” from a court of law to settle disagreements between the Democrats and County Executive Astorino on a range of issues from how appointments to citizen advisory boards are made to who gets to approve changes to county bus routes, and even how the historic, federal fair and affordable housing settlement is fulfilled.

Legislator Gordon Burrows, the Minority Whip and a practicing attorney said, “Because Chairman Jenkins surprised us with these resolutions just today, there has not been sufficient time to review them but my initial reaction to any request to drag the County Executive into court is, ‘have we done everything we can do to settle these issues through compromise between the two branches of government?’  Burrows went on to say, “When voters send us here to the Board of Legislators every two years, I assume that they expect us to undertake the difficult task of legislating and implementing that legislation through the mechanism of the County Charter.  I am opposed to the Democrats recent approach of running to the nearest courthouse every time they don’t get what they want.”

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Jim Maisano
County Legislator
(914) 995-2826
CtyLegJimMaisano@gmail.com

Beechmont Event – Community Outreach – May 20, 2012

Beechmont May 20, 2012, a set on Flickr.

We had a very successful community outreach event at the Beechmont in New Rochelle on May 20. I was joined at the event by County Legislator Sheila Marcotte. Together, Sheila and I represent about 95% of New Rochelle on the Board of Legislators.

These events are excellent opportunities to speak directly with constituents, discuss the issues facing our county and hear about other matters of concern. We thank all the people that attended. Please check out the video and photos above from the event and a special thanks to the Beechmont for hosting us.

Jim Maisano
County Legislator
(914) 995-2826
CtyLegJimMaisano@gmail.com

Mark Your Calendar – May 20, 12-2pm – Chat with Legislators Maisano & Marcotte in New Rochelle

On Sunday, May 20, from 12-2pm, County Legislators Jim Maisano & Sheila Marcotte will be holding a community outreach day at the Beechmont, 750 North Avenue in New Rochelle.  Come down and have a bite to eat, and let’s chat about the issues facing our county.

County Legislator

Jim Maisano

(914) 636-1621

CtyLegJimMaisano@gmail.com

Republican Legislators Urge Democrats to Choose Negotiation Over Litigation

Since the beginning of this legislative term, the Democrats on the Board of Legislators (BOL) and the County Executive (CE) have been at odds over a law that was passed by the BOL last year to reform the Board of Acquisition and Contract (A&C Board).  The law was vetoed by the County Executive, and his veto was then overridden by the Democrats on the BOL.  The Republican legislators voted to sustain the veto believing that the law required a referendum vote by the residents of Westchester County and the mandatory referendum was not contained in the law.  The CE‘s position was that the law was null and void because it was not subjected to the mandatory referendum, and he offers an opinion from the County Attorney to support this position.

It is the position of the Republican County Legislators that our County Charter dictates that any law that changes the powers of any elected official is subject to a mandatory referendum by Westchester County voters and that this A&C Board law does clearly alter the powers of the CE.  Therefore, this change to our County Charter requires the approval of the voters through a referendum vote this upcoming Election Day.

On Wednesday, the BOL Democrats filed a court action requesting a Temporary Restraining Order (TRO) and other relief relating to the functioning of the A&C Board.  This morning, Judge Barry Warhit granted a temporary restraining order that effectively blocks the A&C Board from meeting as it is currently comprised until a decision is reached on this dispute.  The Democrats on the BOL and the County Attorney representing the CE will go before Judge Warhit on this issue again on April 9th.

Republican Minority Leader Jim Maisano, who is a practicing attorney said, “I’m disappointed the TRO was granted and that the A&C Board cannot continue to do the very important work of reviewing and executing the contracts that are necessary to keep our government functioning.  I’m far more disappointed that this issue ended up in court in the first place.”  Maisano continued, “I have urged my Democrat colleagues to resolve this issue through negotiation and compromise and to simply amend the law so that a mandatory referendum will take place in this November’s election.  Unfortunately, they chose litigation over letting the people’s voices be heard in the referendum.”  Maisano concluded, “The Republican legislators are committed to seeing that the A&C Board functions properly and that all of its actions are above reproach, because the A&C Board is dealing with tens of millions of dollars in public works projects that are critical to our local economy, jobs and local businesses looking to do work in Westchester.  Now, due to the litigiousness of the Democrat legislators, the advancement of important public works projects has been halted.”

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County Legislator

Jim Maisano

(914) 636-1621

CtyLegJimMaisano@gmail.com

Republican Legislators Call for Release of $7 Million in CDBG Funds, Applaud Major Judicial Victory for Astorino Administration

PRESS RELEASE

The Republican caucus of the Westchester Board of Legislators was pleased but not surprised to see the ruling of the U.S. Magistrate Judge affirming the actions of County Executive Astorino in his efforts to satisfy the terms of the 2009 housing settlement with the Department of Housing and Urban Development (HUD).  The Republicans were troubled, but again, not surprised to see the predictably partisan response to the ruling from Board of Legislators Chairman Ken Jenkins (D-Yonkers).  In media interviews yesterday, Jenkins claimed that the ruling from U.S. Magistrate Gabriel Gorenstein was not a victory for the county.  Jenkins even refused to support the County Executive in his insistence that HUD release the seven million dollars of funding that they have been withholding because of their objections to the County Executive’s implementation of the housing plan.

“Source of Income” (SOI) is the commonly used name for a law that requires landlords to accept Section 8 government housing vouchers in the payment of their tenant’s rent.  A landlord’s failure to comply with SOI would make them liable for a fine of up to $50,000.  County Executive Astorino vetoed the SOI Legislation in June of 2010.  In his ruling which affirmed the County Executive’s right to veto the SOI Legislation, United States Magistrate Gabriel Gorenstein said, “We conclude that the parties did not intend the County’s duty to ‘promote’ obligated the County Executive to sign source-of-income legislation passed by the BOL.”  The Magistrate also said “Courts must abide by the express terms of a consent decree and may not impose supplementary obligations on the parties even to fulfill the purposes of the decree more effectively.”  Gorenstein’s opinion then goes on to state:  “Accordingly, we conclude that the able Monitor erred in concluding that the County Executive violated the Settlement by vetoing the source-of income legislation enacted by the BOL.”

Minority Leader Jim Maisano (R-New Rochelle) said, “The federal government through HUD has tried to impose requirements on Westchester County that go way beyond the scope of the agreement that passed in 2009.  It is a great testament to our system of government that the judicial branch has prevented the overreaching and bullying tactics of the federal government in our efforts to fulfill the terms of the housing settlement.”  Maisano added, “It is unimaginable to me that any county elected official – with a sworn duty to protect the taxpayers – would view this ruling as anything but a vindication of Westchester County’s professional approach to completing the terms of the settlement.”

Minority Whip Gordon Burrows (R-Yonkers) said, “There have been many dissenting voices heard in this process and all that noise may sound like we are hopelessly at odds with the federal government but the U.S. Magistrate’s ruling has cleared up some very important issues that have impeded our progress from the perspective of the federal Monitor in this case.”  Burrows added, “there remains very few issues for the county to resolve in order to have the Analyses of Impediments document accepted by HUD and I think this ruling clarifies what those issues are.  Obviously, the County was handed a clear victory regarding source of income legislation.  I am fully confident that County Executive Astorino and his staff have provided the necessary data to the federal government to bring us into compliance on the remaining issue of exclusionary zoning and how we will address that on a municipal level.”

Legislator John Testa (R-Peekskill) who represents District 1 and was Mayor of Peekskill before being elected to the County Board of Legislators said, “The City of Peekskill has been struggling in this difficult economic climate and quite frankly, we need those CDBG monies to be unfrozen.  Peekskill has been a leader in providing affordable housing and for the federal government to continue to withhold this funding is unconscionable.”

Legislator Sheila Marcotte (R-Eastchester) who is Vice Chair of the Budget and Appropriations Committee said, “Westchester County has complied with the terms of the agreement that was signed in 2009 and this ruling confirms that.  In fact, with the number of units that have been built and a much greater number in the approval process, I believe that we will complete the objectives of the agreement ahead of the required timetable.”

Freshman Legislator Michael Smith (R-Mount Pleasant) said, “The U.S. Magistrate delivered a victory to the Westchester taxpayers with this ruling. County Executive Astorino and his team are to be commended for shepherding this problematic agreement towards completion. The majority of taxpayers in Westchester do not want their personal and property rights usurped by government. Very simply, there can be no dispute about that. For the Democratic Board of Legislators majority to state that this is not a victory is disgraceful. If the county was found to be wrong on this issue, they could eventually be subject to millions of dollars of fines and penalties. The continuance of the partisan rhetoric of the Board of Legislators Democratic majority will only serve to cloud the issue at hand, which is to develop 750 affordable housing units within the stated agreement. We need to work together to complete our obligations to this settlement and to continue to promote Westchester County as one of the most vibrant and beautiful places in this country to live regardless of socio-economic status.”

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County Legislator

Jim Maisano

93 Wilson Drive

New Rochelle, New York 10801

(914) 636-1621

E-Mail: CtyLegJimMaisano@gmail.com

WVOX St. Pat’s Party – 3/16/12 – Dudleys

WVOX St Pat’s Party, a set on Flickr.

Everyone had fun at the 53rd annual WVOX Radio St. Patrick’s Day Party at Dudleys in New Rochelle on 3/16/12 and here are some photos. Mr. O’Shaughnessy hosts a live radio show from this event every year. I am a big fan of my hometown radio station and am thankful to be part of the team on my weekly radio show every Tuesday morning at 10am.

Letter to New Rochelle Mayor & City Council on Armory Issue

Tonight a group of veterans and residents will be attending the New Rochelle City Council meeting to speak about the Armory issue.  I have to be in Albany tonight and tomorrow, but just emailed the letter below to the Mayor and City Council to lend my voice to the issue of saving the Armory:

County Legislator

Jim Maisano

93 Wilson Drive

New Rochelle, New York 10801

(914) 636-1621

E-Mail: CtyLegJimMaisano@gmail.com

 

March 13, 2012 

 

Dear New Rochelle Mayor & City Council:

 

I was contacted by veteran groups in New Rochelle to comment on the New Rochelle Armory, as I understand many veterans and residents will be addressing you at tonight’s City Council meeting.  Unfortunately, I cannot attend your meeting because of previously scheduled meetings I have in Albany on Tuesday and Wednesday.  Therefore, please accept this as my communication regarding the Armory issue.

 

I recognize that in the past few years, our City Council has done extensive work in evaluating Forest City’s Echo Bay development, and its different impacts on the Armory and that the current proposal seeks to utilize the Armory.  I wish to share a few of my thoughts about the Armory’s future.

 

I have publicly stated throughout this debate that any Echo Bay proposal must place the priority on saving the Armory.  I do believe the building has historical significance worth preserving.  It was a center of military activity in our city for more than 50 years.  We should take great pride in the fact that during the years when the Armory was active and open, brave and honorable Marines and Sailors trained to serve our country right here in New Rochelle.  Most importantly, some of these Marines and Sailors were deployed from our city to wartime service.

 

I applauded the city’s purchase of the Armory back in 1997 for $1 from the State of New York in an agreement that made very clear it was purchased for municipal purposes.  I remain disappointed in our city’s policy decision over the past 15 years to not utilize the Armory for the very reasons it was purchased.

 

I have attached a letter I requested in 2006 from the New York State Office of General Services (the state entity responsible for supervising the Armory deed), which verified the Armory was only conveyed by deed to New Rochelle for “park, recreation, street and highway purposes,” and that the deed contains a reversion clause that will cause the Armory to return to State control if it is not used for the intended purposes and that “[d]emolition of the structure was not contemplated . . . The City of New Rochelle could not legally contract with a developer to demolish the structure without first seeking State approval and cancellation of the covenant contained in the deed . . . If the State determines that a violation of the deed’s use restriction has occurred, the Attorney General may institute an action seeking a revesting of title to the Armory in the State of New York.”

 

Letter from NYS OGS

 

I continue to support the city’s original decision of purchasing the Armory for municipal purposes and respectfully request that the City Council take action to evaluate how this purpose can be effectuated as soon as possible, so that the people of New Rochelle can utilize and enjoy this important and historic building.

 

Sincerely yours,

 

Jim Maisano

County Legislator

Thoughts on a Difficult Week – Attempt to Say Something Useful

Over the past three days, I had several contacts with death: a high school friend, a colleague’s wife, a client’s mother and a Facebook friend’s dad. That is a lot of sadness in only three days. Two died before they reached 50 – way, way too early. Right now, it is hard to focus on anything else beyond these deaths.

Today, I will be attending the funeral of Dr. Jacqueline Proner, the wife of Legislator David Gelfarb. She was 49 and they have three kids. What is more tragic and sad than her passing? I cannot even imagine what David is going through. I hate that it happened. Several people have said to me over the past two days: “It reminds you what’s really important in life.” And that is certainly true.

So what does one take from a week like this? Obviously, it reminds us that life is fleeting and can disappear quickly. We have no idea how long we will be on this earth, so we better make the most of it right now. Are we spending enough time with our loved ones? For many, the answer is probably “no.” We have created a society where we are working longer hours in this roller-coaster economy, and in many families both parents must work full time to pay the bills. Are we dedicating enough of our time to our kids?

And if you really want to get depressed, turn on the television. You see so much sex and violence, mean and crude political dialogue and idiotic reality shows – nothing we can be very proud of. It really makes you wonder where we are going as a society. How do we change this?

I don’t dare claim to have the answers. I know I need to spend more time with my family immediately, because I could get hit by a bus next week. Yesterday, I was catching up on my law work and my wife mentioned it was a nice day and I should go have a baseball catch with my son. I said I was too busy – that was the definitely the wrong answer.

As an elected official, I am frankly shocked by the polarization I see every day. We so-called leaders are supposed to be improving our society, and we are all fighting. Many of our constituents are doing the same. Too many people have moved to the extremes and are only speaking to people they agree with – rather than engage the other side in a respectful and productive way to find common ground. I do try to make a difference in my position, but it is a tough climate. So now I have another thing to work on, which is doing a better job of bringing people together in our county government. All 17 county legislators and the county executive must work harder at communicating and compromising.

So, maybe this week can be a wake-up call to some degree – I know I need to do better and so do you. I am sharing this post on my county legislator blog because I feel like I had to say something useful to my friends and constituents about what I am feeling today.

I cannot stop thinking about the passing of 49 year old Dr. Jacqueline Proner. I chatted with her several times over the past year, and she was engaging, thoughtful and friendly. She had a terrific personality and worked so hard to advance David’s career and her own, and she was so proud to watch our legislative swearing-in ceremony in January. Why God took her, we may never know. Her death is so damn sad and impossible to explain.

But we are all still here. We just don’t know when our number will be up. I suggest we take a lesson from all this death and focus harder on the important things – spending more quality time with family and friends, being nicer and more respectful to each another, publicly opposing hate, and contributing more to make this world a better place.

Jacqueline will not have a chance to do this, but the rest of us do.

Jim Maisano

County Legislator

CtyLegJimMaisano@gmail.com

914-636-1621