(White Plains, NY) — An appellate court judge in Brooklyn kept in place today the temporary restraining order against County Executive Robert P. Astorino to stop breaking the laws of Westchester, but decided to allow the County’s Board of Acquisition and Contract (A&C) to convene with just two members in order to approve contracts awaiting consideration.
“This decision will allow important initiatives to move forward for the good of Westchester,” said Westchester County Board of Legislators Chairman Ken Jenkins (D-Yonkers).
Justice Jeffrey A. Cohen of the New York Supreme Court, Appellate Division, Second Department, rejected County Executive Astorino’s request to immediately vacate the temporary restraining order issued by Judge Barry Warhit on Thursday, March 29, which prohibits the County’s Board of Acquisition & Contract (A&C) from approving contracts other than emergency funding measures until a decision is rendered on the preliminary injunction motion next week.
But Judge Cohen ordered, “upon consent of the parties…the business of the County’s Board of Acquisition and Contract may be conducted by Jenkins and Astorino to the extent that they can agree…including but not limited to emergency matters and other necessary business coming before them as members of the County’s Board of Acquisitions and Contract.”
Oral arguments on the preliminary injunction motion brought by the three leaders of the Westchester County Board of Legislators (BOL)—Chairman Jenkins, Vice Chair Lyndon Williams (D-Mount Vernon) and Majority Leader Peter Harckham (D-Katonah)—are scheduled for Monday, April 9.
While members of the Board of Legislators have experienced numerous instances in which County Executive Astorino and members of his Administration have deliberately and knowingly disregarded the County Charter and laws of Westchester, at the root of this lawsuit is a conflict regarding the A&C, which handles contracts for capital projects worth hundreds of millions of dollars yearly for Westchester.
In December 2011, the BOL voted to change the composition of the three-member A&C Board, replacing the Commissioner of the Department of Public Works and Transportation (DPWT) with the County Budget Director. Both positions are named by the County Executive and are subject to BOL approval. The County Executive and BOL Chairman make up the other two A&C members. Even after the law was duly filed with New York State, however, Astorino continued to direct the DPWT Commissioner to sit at the A&C meetings—and vote.
Today’s decision is in line with prior requests from the three legislators, all turned down by the Astorino Administration, to keep A&C contracts legal by replacing the illegal DPWT Commissioner with other individuals who could vote in his place so the business of Westchester could continue.