White Plains, NY – Westchester County Board of Legislators (BOL) Chairman Jenkins (D-Yonkers) asked New York State Senator Greg Ball (R, C-Patterson) today in an open letter to stop blocking a pending bill regarding home rule that will allow the BOL to appoint a non-voting member to the Westchester County Industrial Development Agency (IDA).
This political maneuvering is troublesome, said Jenkins, because it is obvious that Ball is simply carrying out the wishes of Westchester County Executive Rob Astorino to roadblock bi-partisan legislation passed by the BOL aimed at bringing reform and more independent participation to the IDA.
A copy of the letter sent by Chairman Jenkins to Senator Ball is below.
The correspondence from Jenkins was spurred by his discovery that Westchester County Industrial Development Agency (IDA) Executive Director Eileen Mildenberger had contacted Sen. Ball and asked him to oppose Home Rule Request Resolution 2011-85 from the Westchester County Board of Legislators (BOL). This resolution supports pending legislation in the New York State Senate—more specifically, NYS Senate bill S4304-B, an act to amend the general municipal law so the presiding officer of the BOL can appoint a non-voting member of the Westchester County Industrial Development Agency, subject to confirmation by the legislators.
“It is my further understanding that you are ‘holding’ NYS Senate bill S4304-B based on this communication,” writes Jenkins. “Please know this communication from the Westchester County IDA is both improper and irrelevant.”
Jenkins notes in his letter that New York State law allows local governments to request “home rule” favor, and having received the votes necessary for the formal request, asks Sen. Ball to bring the legislation to the Senate floor before adjournment. The BOL voted in favor of the bill 13-3.
“It is unfortunate that political shenanigans are getting in the way of the business of Westchester County,” said Chairman Jenkins. “Now that we know why this bi-partisan legislation is being forestalled, I am disappointed, to say the least, and hope it is brought forward for immediate approval.”
“The people of Westchester should know that their County Executive, as usual, is operating behind the scenes and without any transparency on this issue while pressuring his subordinates to accomplish his dirty work” continued Jenkins. “This kind of dictatorial regard for legislation passed by the BOL is unacceptable and should not be tolerated. When the letter of the law is ignored as a matter of course by political operatives and public servants, then we risk the erosion of principles that bedrock our democracy. With this in mind, Senator Ball should simply respect municipal home rule and ensure this bill sees a vote without further delay.”
The correspondence from the IDA suggests that the County Executive may also be acting in opposition to the Public Authorities Law of 2009, which states: “Public authorities should be required to publish, in real time, their finances, policies, plans and decisions. Real-time review by the public, the legislature, the executive and the authorities budget office will facilitate the prevention of problems, not just their explanation after they have arisen.”
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An Open Letter to New York State Senator Greg Ball Regarding Home Rule
New York State Senator Greg Ball
817 Legislative Office Building, Room 817
Albany, NY 12247
Senator Ball,
It is my understanding that your office is in receipt of communication from the Westchester County IDA dated June 20, 2011 from Eileen Mildenberger, Executive Director stating opposition to home rule request resolution 2011-85 from the County Board which supports NYS Senate bill S4304-B.
This home rule resolution requests that a non-voting member, selected by the Legislature, be added to the Board of the Westchester County IDA. This communication from the Westchester County IDA is both improper and irrelevant.
Please be advised that the County Board adopted home rule request resolution 2011-85 for June 6, 2011, with bi-partisan support, at a regular County Board meeting by a 13-3 vote.
Pursuant to New York State Municipal Home Rule, Section 40: Requests of local states in part; Requests of local governments for enactment of special laws relating to their property, affairs or government. The elective or appointive chief executive officer, if there be one, or otherwise the chairman of the board of supervisors, in the case of a county, the mayor in the case of a city or village or the supervisor in the case of a town with the concurrence of the legislative body of such local government, or the legislative body by a vote of two-thirds of its total voting power without the approval of such officer (emphasis added), may request the legislature to pass a specific bill relating to the property, affairs or government of such local government which does not in terms and in effect apply alike to all counties, all counties other than those wholly included within a city, all cities, all towns or all villages, as the case may be.
Pursuant to the New York State Municipal Home Rule law, Section 40, home rule resolution 2011-85 was adopted by the County Board, the legislative body, by a vote exceeding two-thirds of its voting power eliminating the need for approval by the County Executive.
Your immediate attention to this is necessary to ensure that Home Rule request resolution 2011-85 supporting NYS Senate bill S4304-B is brought to the floor of the Senate prior to the end of this State legislative session.
Sincerely,
Ken Jenkins
Chairman of the Board
Legislator, 16th District