Stop the Hypocrisy
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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."
The CSEA Doth Protest Too Much
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I seem to have hit a nerve with my letter to the editor dated March 16, 2011 entitled, aptly as it turns out, In the Center Ring . Describing the machinations of our county board of legislators as a circus I attempted to explain the absurdity of the board's tacitly working in tandem with a public employee union as it pursued a lawsuit against the County Executive -in effect enabling a special interest group to sue the citizens of Westchester - whom they were ostensibly elected to represent.
In that letter I mis-characterized the status of the board regarding the union's lawsuit when I wrote;
"Although the CSEA is suing the County they are really suing you and me, the taxpayers, since we pay for all lawsuits - legitimate or not. So the CSEA is suing us - but your county legislature joined the suit - on the side of the CSEA ! That's right, against us, the tax payers. We are being sued and our county legislature is backing the union that is suing us. Or another way to look at it is - our legislators are suing the taxpayers."
"It gets worse, or better , depending on how much humor you find in these things. The board then sued to prevent Rob Astorino from using the county attorney, whom he appointed, to represent us, and again for whom we pay taxes. No, said our board, the county attorney must represent "the County"- which they define as the board of legislators -and join with them and the CSEA in suing us. Astorino,to defend us, must hire his own counsel."
I subsequently discovered the board did not yet “join” the CSEA suit at the time I wrote this-- nor had they yet decided whether or not to actually sue Astorino. So I was wrong. Of course when you're looking down the barrel of a gun the fact that the gunman has not yet decided to pull the trigger - while more desirable than the alternative - is none the less not exactly reassuring.
Before I could correct my letter - by deleting joined the suit and replacing sued with considered acting - a letter was published from Billy Riccaldo -Southern Region President of the CSEA. The letter called me to task for writing that the board had joined the suit - when they had not (yet). He then wrote my letter amounted to spewing inaccurate information in an attempt to turn the public against the victims in this case.
Well now - Any fair reading of my letter would conclude that it is the time wasting behavior of the board of legislators that is my target. I address those who've been engaged for more than a year in doing anything possible to thwart Rob Astorino's efforts – the value or merit of the matter at hand be damned. That has not changed. This latest tempest if anything confirmed my belief that the board was on the verge of publicly supporting the lawsuit, was in fact already actively involved behind the scenes and only backed off when the media got wind of it. It was Jenkin's own words that led me to that conclusion, which I'll explain shortly.
I was mulling my response to Mr. Riccaldo when an interesting document appeared over the transom ( h/t Alan Simpson ) e mailed to the publisher of this blog with instructions to forward it to me. It was a letter from early February - fully six weeks before board member Peter Harckham got all worked up on You Tube of all places in defense of his esteemed colleagues. The letter was from Chairman Jenkins to the County Attorney (remember him?) ordering him to not only not file a motion to dismiss on behalf of the board, but instead to answer the CSEA's suit by asserting cross claims against Astorino! Jenkins specified these claims “...would essentially mirror the 3 claims asserted by the CSEA”. I included the letter in it's entirety as a link so you can read it for yourself. It's unbelievable.
So the CSEA is getting all in a lather on this site demanding I apologize to the 38 members who were fired ( calling them “victims” ) for the "lies" I repeated, all the while knowing full well they've been working in tandem with Chairman Jenkins for at least 6 weeks now! More likely they've colluded from the onset since anyone who knows anything about the symbiotic relationship between democratic legislators and the public employee unions knows the CSEA would never have even commenced a law suit in the first place without the consent and participation of the elected officials in question. The fact that the CSEA included the board as a respondent was a red herring that should fool no one.
Regardless, there is now proof that Jenkins at least was actively supporting the union- against the taxpayers- since February 3rd. The question is – did he act alone - a rogue chairman if you will? When Peter Harckham got up and did his outrage soliloquy ( kind of a mash up of Khrushchev with the shoe and the Checkers speech ) was he aware that his chairman had in fact done the very thing of which he was outraged to have been even accused? If he was he should be ashamed of himself. If he wasn't he must be really really angry with Jenkins for making him look so foolish. Only Harckham can answer that.
Regarding the predictable responses that I'm an operative merely restating Astorino's talking points - in my brief bio when I stated up front that I was a former political operative I did not state for which party. Perhaps I should have. The fact is I'm a registered Democrat. Moreover since I first voted for Jimmy Carter I can count on one hand the number of times I supported a Republican.
Rob Astorino is one of those times. The thing that Jenkins and the CSEA isn't getting is that I'm not alone here. Astorino won decisively because many voters unaligned with either party chose him over Spano and, more important, so did many Democrats. The Democratic majority on the board does not have a mandate to ensure the County Executive we elected is rendered powerless at all costs. This scorched earth mentality does not benefit anyone other than the players who live to play such games.
I think my last letter provoked the response it did from readers, who apparently copied it and mailed it all over Westchester, because they find this behavior equally deplorable. Sending a CSEA paid employee to attack me for repeating talking points is beyond ridiculous when you consider the source. If my opinion of this mess is similar to the County Executive's ( and for the record I don't receive his fund raising missives – I imagine they're for contributors and Republicans – I'm neither) consider that it could be the only logical conclusion to which a reasonable adult can come.
All the CSEA's righteous indignation - on full display in this letter - is a sham – a ploy. The truth is they've been in league with the board all along and Ken Jenkin's letter is the proof. Now who owes whom an apology, Billy.
Charmian Neary is a bored housewife and former Democratic political operative from Rye New York who is much better at politics than homemaking.
Letter from the CSEA President
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To the Editor: Charmian Neary owes an apology to each of the 38 CSEA members who lost their jobs December 31st when County Executive Rob Astorino violated the county charter and illegally fired them from their positions with the Westchester County Section 8 office. Her March 16th letter posted on Scarsale10583.com contained statements that are completely untrue, painting an unfair and inaccurate picture of our county workforce.
Yes, CSEA and the 38 workers who were illegally fired are pursuing litigation. While other hardworking CSEA members also lost their jobs in this recent round of budget cuts, Astorino apparently decided in the case of these 38 jobs that he was going to thumb his nose at the county charter and fire these workers even though he lacked any authority to do so. This isn’t about wanting to “obstruct government and stymie fiscal reform.” Illegal is illegal. The rules are the rules. They apply to everyone, believe it or not. We had no choice but to pursue litigation.
CSEA has become accustomed to the Astorino spin machine’s efforts to pit residents against county workers (who, I may point out, are also residents and taxpayers in Westchester County). In an attempt to turn the conversation away from his own wrongdoing in these firings, Astorino issued a missive via his “Taxpayer Watch” e-mail blast system that contained blatant lies about the litigation related to the illegal Section 8 firings. Now Ms. Neary has taken those same talking points and run with them, misleading the readers of this website by restating the same drivel from Astorino’s original e-mail.
Despite what Ms. Neary wrote , county legislators have not joined this lawsuit. Despite what Ms. Neary wrote, Astorino lacked the authority to do what he did. Despite what Ms. Neary wrote, this has nothing to do with "currying political favor." Had Ms. Neary done some fact-checking before submitting her letter, she would see that the Board of Legislators is not a plaintiff. Of course, this inaccurate statement came directly from Astorino’s e-mail, so I’m not surprised to see the same lie resurface.
I realize that Ms. Neary is a political operative, as described in the biographical note at the end of her letter, but it is one thing to have an opinion; spewing inaccurate information in an attempt to turn the public against the victims in this case is another thing altogether.
Billy Riccaldo
CSEA Southern Region President
Beacon, New York
A Conversation Starter from the Task Force on Drugs and Alcohol
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Here is a monthly conversation starter from the Scarsdale Task Force on Drugs and Alcohol. Start a dialogue by asking your kids...
Q: Why is it dangerous to drive a car after consuming alcohol?
A: Alcohol consumption by minors, even in small quantities, leads to impaired coordination, slowing of reflexes, and impaired judgment. These effects can be deadly when an intoxicated teen is behind the wheel of a car. Alcohol use is responsible for significant mortality among youth. Alcohol is implicated in a majority of teen driving fatalities. 25% of drivers ages 15-20 who died in motor vehicle crashes had been drinking alcohol.
The Scarsdale Task Force on Drugs and Alcohol is a community action group comprised of parents, students, teachers, school administrators; representatives from village, local and civic organizations; and religious institutions. Since its founding in 1984, the Task Force has worked in our community to educate youth and adults about drugs and alcohol, help people develop drug free attitudes and habits, and recommend resources to those whose lives are affected by drug and alcohol dependency.
In The Center Ring
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Many Westchester County residents work in New York City. We get our news from the Wall Street Journal or the New York Times. As a result we're often more aware of the political situation in Washington than here in Westchester where we live. That's understandable but with Westchester now ranked as the highest taxed county in the nation it would benefit us all to start paying attention.
The 2009 county executive election was an indication that some of us, at least, are doing so as 12-year incumbent Andy Spano was voted out of office in favor of Rob Astorino, who ran on a platform of overhauling Westchester's bloated and inefficient system of government.
However only 22% of voters in Westchester bothered to come to the polls. This fall the entire county legislature – 17 men and women – is up for re-election.
If you care about your rising county taxes this is an election you might want to start following and here is why.
Last year, County Executive Rob Astorino canceled the county's contract with the state to administer the Section 8 housing program. Eligible citizens still receive section 8 – the county just does not run the program anymore as it cost us more money than we were reimbursed by the state - over a million a year more. That makes sense, right?
Well, not to the legislators who represent you in White Plains. They voted to restore the program without the contract. That's right. There is no more contract – therefore no reimbursement – but the board restored the program anyway. Astorino vetoed the line naturally, and they then overrode his veto.
This is what they are spending their time and your money doing. Reinstating a program that no longer exists to protect the jobs of 38 CSEA members.
Can you figure out why? Who do you think will get the CSEA checks next election?
Anyway, Astorino then laid off the employees, as is his right, so the CSEA did what unions do and they sued to get the jobs restored - to a program that no longer exists.
If you're still with me - here is where this circus crosses the line to absurdity.
Although the CSEA is suing the County they are really suing you and me, the taxpayers, since we pay for all lawsuits - legitimate or not. So the CSEA is suing us - but your county legislature joined the suit - on the side of the CSEA ! That's right, against us, the tax payers. We are being sued and our county legislature is backing the union that is suing us. Or another way to look at it is - our legislators are suing the taxpayers.
It gets worse, or better , depending on how much humor you find in these things. The board then sued to prevent Rob Astorino from using the county attorney, whom he appointed, to represent us, and again for whom we pay taxes. No, said our board, the county attorney must represent "the County"- which they define as the board of legislators -and join with them and the CSEA in suing us. Astorino,to defend us, must hire his own counsel.
I wish I were oversimplifying this but I'm not. Yes we need to do all we can to retain jobs in Westchester, but not paid for with taxes when they're no longer necessary.
This is what your county legislators are engaged in right now. Theater of the absurd every other Monday in White Plains. And they're getting away with it because we have too much going on in our lives to monitor something as ridiculous as this. Besides we elect our representatives to do that for us and trust that they will do the right thing. But sadly, they don't.
Remember taxes aren't high so poor children get a hot breakfast – taxes are high because the people we elect to represent us are engaged with straight faces in this kind of garbage. All the corruption could stop tomorrow and we'd still be in the hole because they waste our money every day this way.
William Ryan represents Scarsdale and Mary Jane Shimsky represents Greenburgh in the County Legislature. You should ask your legislator why currying favor with the public employee union is a priority over representing you.
The Chairman of the Board of Legislators is a man named Ken Jenkins, known to most of us more as a talking head on News 12 giving us his spin on the political scene. There is talk that he's after Astorino's job but I'm sure that has nothing to do with this effort to obstruct government and stymie fiscal reform.
I'm sure it's because he and his colleagues are convinced things are fine just the way they are now and that we the taxpayers agree.
I've got two words for Mr. Jenkins. Andy Spano.
Charmian Neary is a bored housewife and former political operative from Rye New York who is much better at politics than homemaking.
