WHITE PLAINS, NY — The December 2011 law enacted by the Westchester County Board of Legislators (BOL) to change the composition of the County’s three-member Board of Acquisition and Contract (A&C) will not be challenged in court.
The announcement, which was made by a county attorney representing County Executive Robert P. Astorino at a judicial hearing today, means that there should be no further confusion as to whether laws adopted by the BOL should be followed and obeyed.
“This is good news for the residents and business owners of Westchester, who no longer will have to worry whether the A&C Board was acting in its legal capacity or not, and whether its contract approvals could be questioned,” said BOL Chairman Ken Jenkins (D-Yonkers). “We expect to see County Budget Director Lawrence Soule at the table for the next A&C meeting on Thursday, ready to move the business of Westchester forward.”
The BOL approved legislation last December—which was vetoed, and then legally and lawfully overridden—to remove the Commissioner of Public Works and Transportation (DPWT) from the A&C Board and replace him 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 (or their acting representatives) make up the other two A&C members.
But even after the law was duly filed with New York State, Astorino continued to direct the DPWT Commissioner to sit at the A&C meetings—and vote.
Exacerbating the issue further, Jay Pisco, appointed by Astorino as DPWT Commissioner, had his nomination rejected by the BOL. Yet he continues to participate at the A&C meetings.
In March, the three BOL representatives to the A&C Board—Chairman Jenkins, Vice Chair Lyndon Williams (D-Mount Vernon) and Majority Leader Peter Harckham (D-Katonah)—filed court papers calling for a preliminary injunction directing County Executive Robert P. Astorino and his Administration to comply, implement and enforce the laws of Westchester.
Prior to this lawsuit, the BOL had asked the Administration to seek judicial clarity jointly on the issue of the A&C Board composition, but the Administration declined.
Moreover, BOL Chairman Jenkins offered County Executive Astorino in April an opportunity to submit a resolution naming Pisco as acting commissioner of DPWT, which would have been placed on the BOL agenda for immediate vote. So far, no such resolution has been submitted by Astorino.
“I hope this signals that the Astorino Administration is now willing to do what is right for Westchester and uphold the laws enacted by the County Board of Legislators,” said Jenkins.
