Stop the Hypocrisy
- Tuesday, 05 April 2011 12:12
- Last Updated: Tuesday, 05 April 2011 15:37
- Published: Tuesday, 05 April 2011 12:12
- Hits: 4231
Here is a letter to Scarsdale10583 from Ken Jenkins, Chairman of the Westchester County Board of Legislators: The Democratic-led Board of Legislators enacted a 2011 budget that:
- Doubled the amount of tax relief the County Executive proposed to -2.2%, the second largest in County history
- Reduced spending by $30 million from 2010 budget
- Reduced the County workforce by 10% before job the cuts that were enacted in the 2011 adopted budget
In the 2011 Budget, close to 100 people were laid off -- that is in addition to the approximately 500 people who left voluntarily. There were layoffs in the 2010 budget adopted by the BOL -- before County Executive Astorino took office. The Democrats on the County Board have been about balance, shared sacrifice and responsible transitions.
So what’s all the fuss about from the Republican minority about the "conflict" determined by the County Attorney? It's nonsense. It's a false assertion that the conflict arose from 2011 correspondence - this claim is simply not true.
The County Attorney sought an opinion on whether there is a conflict between the position of the BOL and the County Executive in the CSEA lawsuit regarding the termination of the Section 8 program. The County Attorney hired an outside law firm without permission of the BOL as required by the County Charter. More taxpayer dollars wasted simply for the purpose of "playing politics."
I have attached the opinion of the law firm the County Attorney hired, Hinshaw and Culbertson. This opinion states there is a conflict between the stated positions of the County Executive and the County Board and that the County Attorney had a conflict because he gave the County Executive legal advice about these positions. This opinion states these facts create the conflict. This opinion issued February 28, 2011 does not reference any correspondence from 2011.
I will leave it to others to determine why the County Attorney had to hire an outside law firm to determine if there was a conflict. It was clear that there was a conflict. The County Board passed a resolution I introduced to waive the conflict so that the County Attorney could represent the County Executive and not have to spend taxpayer dollars on an outside law firm. The County Board has not taken a position against the County Executive in the CSEA litigation. So now what?The law firm that the County Executive hired, has filed motions which are wasting the taxpayers money. The County Executive should immediately cease using this Administration-connected law firm, stop wasting taxpayer money, waive the conflict and use the services of the County Attorney in this litigation. I would respectfully suggest to my Republican colleagues to do a little research instead of being spoon-fed talking points from the Administration.
Cursory research would show this is not the first time the County Board has taken a conflicting position than the County Executive in a lawsuit brought by the CSEA. In 1997, the Republican Chairman of the Board, now Chief of Staff George Oros filed cross claims against Republican County Executive Andrew O’Rourke in a CSEA lawsuit which outsourced specific jobs - sound familiar? These “cross claims” were similar to the cross claims considered but not enacted by the County Board. I have attached the cover page to the cross-claims lawsuit from the County Board.
I have also attached Resolution 10-1997 adopted January 6, 1997 which authorized outside counsel by a 10-7 vote.
I have also attached the signed verification from then Chairman Oros dated January 13, 1997 – 7 days later - for the cross-claims asserted in their verified answer. There are no documented meetings, no additional votes from the County Board on the Verified Answer and Cross-Claim of the County Board of Legislators.
It appears that some positions are being developed from limited sources without all the facts. I certainly am available to answer questions via phone or email.
The Laws of Westchester County makes clear the County Board sets policy, the County Executive executes that policy. The County Executive can make recommendations to the Board of Legislators for modifications of policy. The County Executive cannot simply ignore the law.
No one can pick and choose the laws they want to follow. As one of my Democratic colleagues has stated, the County Executive does not have a mandate to break the law.
In the words of Daniel Patrick Moynihan, late Senator from New York, "You are entitled to your own opinion, but not your own facts."
