White Plains, NY – Members of the Westchester County Board of Legislators (BOL), led by Chairman Ken Jenkins (D-Yonkers), publicly condemned today County Executive Robert P. Astorino’s continuing and willful disregard of the laws in the County Charter and those approved by the BOL.
The issue of County Executive’s repeated violation of the County Charter and BOL enacted laws came to a head today when the County’s Acquisition & Contract (A&C) Board was convened illegally. Jay Pisco, whose nomination for the position of Commissioner of the County’s Department of Public Works and Department of Transportation (DPWT) was rejected by the BOL, remained at the A&C meeting today after an opinion by the County Attorney suggesting the BOL vote was non-binding.
Astorino’s actions outside the law, sadly, are threatening all of the contracts and actions now purportedly approved by a rogue A&C Board—which could adversely affect or delay important infrastructure repairs and public safety program implementations.
“Despite the fact that the County Charter explicitly states that the County Executive shall be subject to the laws of the Charter and the acts and resolutions passed by the Board of Legislators, County Executive Astorino continues to act as he pleases,” said Jenkins. “Just because County Executive Astorino disagrees with some of the laws and resolutions approved by the Board of Legislators doesn’t mean he can pick and choose which ones he’ll administer. Instead, he needs to challenge laws in court, like any other legally-minded citizen would.”
Legislation passed by the BOL that went into effect on Monday, February 27 when it was filed with New York State, moreover, changed the composition of the three-member A&C Board to include, more appropriately, the County Budget Director instead of the DPWT Commissioner. Because Lawrence Soule, the County’s Budget Director, was not in attendance at today’s A&C meeting, there was not a quorum present after Chairman Jenkins left the meeting to protest the continuing illegality of the A&C meeting.
“There were three public hearings and a notice for a permissive referendum on the A&C Board legislation, and there was not a single comment to the Board adopting the law,” remarked Jenkins. “By putting the Budget Director on the A&B Board, we increase transparency and accountability—for the sake of the residents and business owners here in Westchester.”
As the New York State Court of Appeals held in New York Public Interest Research Group, Inc. v. Steingut, “‘as a matter of substantive law every legislative enactment is deemed to be constitutional until its challengers have satisfied the courts to the contrary.’”
“Unfortunately, County Executive Astorino has, again, decided to ‘go his own way’ and thus neglect the business of the County,” said Legislator and BOL Majority Whip MaryJane Shimsky (D-Hastings-on-Hudson). “At this point, we need real leadership and cooperation from the County Executive, not political gamesmanship.”
“A law is a law,” said BOL Vice Chair Lyndon Williams (D-Mount Vernon). “The County Executive can follow the law or challenge it in court. That shouldn’t be too hard to understand. More importantly, the County Attorney cannot be rendering opinions that disobey the laws of the County.”
On February 24, the rogue A&C “approved” with Pisco’s vote a $13 million agreement with the New York Power Authority to fund a capital project without the necessary public scrutiny from the BOL—a contract that appears to have cost taxpayers in Westchester $1.8 million more than necessary, based on the current borrowing rate for the County and information as provided by the Administration. Pisco later cast the deciding vote on nearly 40 different contracts and agreements at this A&C meeting, despite vigorous objections from Williams.
“The people of Westchester need to know that their County Executive thinks he can decide which laws he’d like to follow,” said Legislator and BOL Budget & Appropriations Committee Chair Judy Myers (D-Larchmont). “Our democracy cannot tolerate this outward disdain for governing principles that are more than 200 years old.”
“As a new legislator and county taxpayer, it is of concern to me that the County Executive believes that it is his prerogative to determine which laws he will choose to follow,” said Legislator and BOL Government Operations Committee Chair Catherine Borgia (D-Ossining). “Although I was not on the Board of Legislators when th law regarding the A&C Board was adopted, every elected and appointed official in Westchester County, and in New York State government as well, takes the same oath to uphold the law. Westchester county taxpayers deserve, and should demand, a transparent and rigorous process of approving multi-million dollar contracts. The Administration’s reluctance to follow the law on this matter makes me worried about whether other laws are also being ignored.”
