White Plains, NY – County Executive Robert P. Astorino ignored the County Charter when he abruptly eliminated the Route 76 bus line without a public hearing and suddenly announced he was hiking the parent share of child care subsidies for low-income working mothers without voted approval from the Westchester County Board of Legislators.
Now, Astorino is trying to defend the County’s Board of Acquisition & Contract (A&C) illegal “approval” of a $13 million capital project yesterday, which, again, blatantly ignores the Charter.
Why is the A&C vote illegal?
Because the appointment of Jay T. Pisco as Commissioner of the Westchester County Department of Public Works and Transportation (DPW) was turned down by the BOL on Monday, February 13 at its regular meeting. As members of the Astorino Administration certainly know, the vote on Pisco was severed and received a stand alone, up or down vote on whether to recommend Pisco’s nomination to the BOL’s Committee on Appointments. It failed by a vote of 8-9.
An archived video clip of the BOL’s regular meeting contains the particulars of the vote at the 4:00 mark. The vote on Pisco’s appointment was not tabled or simply a “procedural” matter; this was truly a “formal action” and matter of lawful governance. Because Pisco’s appointment will not be referred to committee, it will not be discussed there and nor will it be recommended to the full BOL for a final vote.
As such, Pisco cannot serve in the Commissioner position or even as Acting Commissioner. A letter sent to County Executive Astorino yesterday from BOL Clerk & Chief Administrative Officer Tina Seckerson confirmed this.
The video clip: http://westchestercountyny.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2203
The County Charter (Section 110.21) clearly and simply states: “The County Executive shall appoint to serve at his pleasure, except as otherwise provided in this act, and subject to confirmation by the County Board, the head or acting head of every department and office…” (Emphasis added.)
The County Attorney’s opinion contrary to the County Charter, which the Administration said would allow unapproved “appointees” to assume their duties of office, has not yet been shared with any members of the BOL’s Democratic caucus.
The Administration’s press release today declined to mention that Pisco’s illegal participation in the A&C meeting yesterday was brought to Deputy County Executive Kevin Plunkett’s attention at the onset of the meeting by BOL Chairman Ken Jenkins (D-Yonkers), who even suggested that the Deputy Commissioner of the County’s DPW be brought in for any votes to make them legal.
Plunkett, who was acting as chair of A&C in the absence of Astorino, who was not at the meeting, opted to proceed anyway with Pisco at the table.
That’s why Pisco’s vote was illegal, and “approval” of a $13 million capital project an illegal procedure.