Politics on the Hudson

Jim Maisano, the Republican minority leader on the Westchester County Board of Legislators, has told his caucus that he will vote no on the reproductive clinic access bill now before the board.

The board is expected to vote tonight at its regular meeting at 7 p.m. at the Michaelian Office Building in White Plains.

In a memo to legislators and others, Maisano, who has been supported by abortion rights groups, argued that the bill’s provision for civil cases by clinic workers could discourage demonstrators from exercising their First Amendment rights and that there’s a lack of evidence in the record supporting the argument that existing state and federal laws are difficult to enforce. Here’s a story on last week’s public hearing.

Maisano lays out his full arguments in the memo:

MEMORANDUM

Date: May 4, 2012

From: County Legislator Jim Maisano

To: Westchester County Legislators

Re: Legal Concerns on Reproductive Health Care Facilities Access Act

 
———————————————————————————————————————————————————————————————————————————————————————————————————————
I wish to advise my colleagues that I cannot support the current draft of the “Reproductive Health Care Facilities Access Act” being voted on this Monday, May 7. I waited to make my decision until after Monday’s public hearing, because as a member of the legislation committee I was denied the opportunity to review any testimony or evidence from the proponents and opponents of this law at the committee level. Unfortunately, this law was forced out of the legislation committee on March 26, 2012, without any public comment, despite my request (along with other legislators) for two additional meetings to hear from the proponents and opponents. Here are my concerns about the current draft:

1) Sec. 425.51 (Civil Cause of Action) creates a free speech chilling effect.

This section can be used by a plaintiff as a sword to chill free speech by protesters at clinics, which was pointed out by several speakers at Monday’s public hearing. As I have stated in the legislation committee on several occasions, I am reluctant to support a private right of action in any proposed county law that does not allow a judge to grant attorney fees and costs to the prevailing party. This law makes clear that only the plaintiff can seek attorney fees and costs. I also cannot support granting a private right of action to an employee or volunteer, since they do not have the appropriate standing as an aggrieved party. (more…)

Westchester Board of Legislators Chairman Ken Jenkins, D-Yonkers, put out this statement in reaction to Thursday’s decision by Judge Denise Cote saying that County Executive Rob Astorino’s veto of legislation prohibiting discrimination based on the source of a tenant’s income violated the county’s fair housing settlement with the federal Department of Housing and Urban Development. Click here for a story on the decision:

Today’s decision from U. S. District Judge Denise Cote acknowledges and reaffirms the County Executive’s obligation under the terms of the Fair and Affordable Housing settlement agreement to promote source-of-income legislation that will deter landlords and realtors from discriminatory practices. I hope this convinces County Executive Astorino to tone down his rhetoric and simply comply with all of the terms of the settlement. Also, I call on the County Executive to present source-of-income legislation to the Board of Legislators to resolve this hurdle and restore the community development block grant funding to Westchester. It’s time to again move forward: Westchester needs fair and affordable housing, and providing new homes for our seniors, veterans and young professionals will create hundreds of jobs and strengthen our communities.

Westchester County Executive Rob Astorino has blocked the Board of Legislators’ attempt to take back some control over the subsidized child care program.

He vetoed a bill Friday that would have required the Social Services commissioner to get the board’s approval before asking the state to approve a change in the family share for those receiving subsidized child care.

“In what has become an unfortunate and familiar pattern, your Honorable Board once again overreaches and attempts to exert power and control, without the requisite legal authority,” Astorino said in his veto message.

The board passed the bill after the Astorino administration moved at the beginning of April to increase the parent share from 20 percent of income above the poverty line to 35 percent of income, saying the program has a funding shortfall and that the change will allow more families to stay in the program. A comment period required before the state can approve the change ends May 14.

Legislators questioned the administration’s numbers and asked for a chance to transfer funds if necessary to fill any funding gap. Parents, they said, can’t afford the change. The administration said the change had to be done immediately to fill the gap.

Democratic Legislator Alfreda Williams said the veto reflected a lack of concern for working people.

“It’s very disappointing and really unfair and shameful,” she said.

Click here for a story on the move to raise the parent share.

Here is the announcement from Westchester County:

ASTORINO ANNOUNCES APPOINTMENT OF NEW EXECUTIVE DIRECTOR FOR HUMAN RIGHTS COMMISSION

County Executive Robert P. Astorino announced today that Mark C. Fang, a lawyer who has worked in the public and private sectors, has been appointed executive director of the Human Rights Commission. He will begin May 28.

Astorino had recommended Fang’s selection, based on his vast experience as a litigator and an advocate, including work in the Army Reserves as an equal opportunity officer. This choice was unanimously endorsed by the members of the Human Rights Commission at its meeting in April.

“Mark’s experience, temperament and long-time commitment to equality make him an ideal choice to lead the Human Rights Commission,” said Astorino. “I know he will work conscientiously to uphold the important values that our community cares so much about.” (more…)

U.S. Rep. Nita Lowey and abortion rights advocates called today on Westchester legislators to pass legislation beefing up protections for people entering reproductive health clinics that provide abortions.

The legislation, which advocates say would fix problems with the state and federal laws and taylor them to suburban conditions, will be before the Board of Legislators tonight for a public hearing at 7:30 at the county office building, 148 Martine Ave., White Plains. A large crowd is expected.

“It’s embarrassing to me that in 2012 we are actually debating whether women should have access to a variety of safe legal health services,” Lowey said.

The legislation would create a 25-foot buffer around the reproductive health facility, including driveways and parking lots,  where threatening behavior would be illegal. And, unlike in state law, under the Westchester bill a prosecutor wouldn’t have to prove that a protestor intended to deny access to a health facility, legislators said. Violations would be misdemeanors and clinic workers or patients could also sue civilly.

Abortion opponents say the law will interfere with their free speech rights and could keep protesters from coming out because court costs could be crippling.

The bill’s authors, legislators Judy Myers and MaryJane Shimsky, say they carefully crafted it to avoid any impingement on free speech.

“There is no deterrance to the freedom of speech here,” Myers said. The First Amendment is certainly loud an  in our legislation.”

In a sign of the heightened emotion around the bill, board Chairman Ken Jenkins said legislators associated with it have been targeted in recent days: one had her car egged and one had a strange car in her driveway. Jenkins acknowledged he couldn’t be sure the incidents were because of the access bill but still questioned their occurrance.

“That’s just ridiculous,” he said. “We should not have this happening.”

Photo: Westchester Legislator MaryJane Shimsky speaks Monday about a reproductive clinic access bill being considered by the Board of Legislators. To her right is U.S. Rep. Nita Lowey and to her left is Legislator Judy Myers.

Westchester County Executive Rob Astorino seems to be a glass-half-full kind of guy.

He said Thursday morning at a breakfast forum that his budget cuts have gone over so well that he has heard no complaints from the public. His careful examination of the county budget has allowed his administration to eliminate things that were not really necessary or not needed any more.

“We’ve had no complaints from the public in two years,” he said at the forum with the region’s three county executives organized by Hudson Valley Pattern for Progress.

“I’m glad Rob doesn’t have any complaints,” said Rockland County Executive C. Scott Vanderhoef when it was next his turn to speak. “I’m going to send some of mine your way.”

Donna Greene, a spokeswoman for Astorino, said Astorino didn’t mean to suggest that he had never had complaints about program cuts.

“If he said it he certainly never meant it to sound that way,” she said.

Here’s a short list of complaints over the past few years: Last fall two teenagers from North Salem delivered a petition to Astorino’s staff opposing cuts to Cornell Cooperative Extension advocated by the county executive.

In 2010, he was sued by two women from Mount Vernon upset over cuts to day care programs.

Hundreds of people came out earlier that year to complain about cuts to the BxM4C Manhattan express bus that runs down Central Avenue in Yonkers.

What Westchester budget cuts have affected you?

Photo: From left, Putnam County Executive MaryEllen Odell, Westchester County Executive Rob Astorino, and Rockland County Executive C. Scott Vanderhoef chat during a breakfast of the Hudson Valley Pattern For Progress at the Doubletree Hotel in Tarrytown April 26, 2012. ( Seth Harrison / The Journal News )

Westchester County Executive Rob Astorino announced in his State of the County address Wednesday night that the county had settled a contract with the 120-member Teamsters Local 456 that he hoped would be a model for other contract settlements. The Teamsters agreed to pay a portion of health care premiums and Astorino has been pushing all eight county unions, all of which have expired contracts, to accept some share of the cost.

Here are more details on the agreement:

• The contract term is seven years starting Jan. 1, 2009


• Starting July 1, Teamsters will pay 10 percent of health premiums; their share will rise to 12.5 percent in 2015


• New hires will pay 20 percent of premiums; copays are also increasing


• Raises in 2009 and 2010 will be 3 percent, and in 2011 the raise will be 3.25 percent


• No raises for 2012 to 2014


• The raise in 2015 will be 2.75 percent


• Requires Board of Legislators approval

Responding to a request from the Westchester County Bar Association, a Board of Legislators committee began Monday to look at whether Westchester County should create an animal abuser registry.

People convicted of animal abuse crimes would be required to register and pay a fee to support the registry. Registered offenders would be prevented from adopting or buying animals.

Roxanne Beecher, co-chairwoman of the Bar Association’s Animal Law Committee, argued the law would not only put a spotlight on animal abuse but also draw attention to people who are statistically more likely to commit domestic violence or other violent crimes.

She said the letter requesting the law was the first time the Bar Association had asked the county to adopt specific legislation.

Members of the board’s Legislation Committee raised many question about how the registry would be run and whether fees charged the registrants would cover the costs. They also discussed whether the law was needed since the state Legislature is also considering creating a registry.

Suffolk, Rockland and Albany counties have created similar registries.

The Westchester Board of Legislators voted down a resolution put on Monday’s meeting agenda at the last minute by Chairman Ken Jenkins that would have authorized Jenkins to enforce laws passed by the board if the county executive refused to enforce them.

Democratic legislators Michael Kaplowitz and Virginia Perez joined the board’s Republicans in defeating the resolution 8-9 after a heated debate.

The resolution said: “the County Board is hereby authorized to take any and/or all appropriate action to enforce the Resolutions, Acts and Local Laws adopted by the County Board where the County Executive has failed to comply with his statutory mandate to enforce same.”

“It’s really about preserving the integrity of this branch for now and for future legislators,” said Legislator Peter Harckham, the majority leader, as he introduced the legislation. Democratic legislators have accused County Executive Rob Astorino of ignoring several duly passed laws and their disputes have ended up in court, most recently over the composition of the Board of Acquisition and Contract. (more…)

Ossining, Rye, Mount Kisco Elementary and IBM among winners:

ASTORINO ANNOUNCES COUNTY’S 2012 WASTE REDUCTION AND RECYCLING AWARDS

Recognizing municipalities, schools, businesses and civic organizations for outstanding work

Just in time for Earth Day, County Executive Robert P. Astorino announced today the winners of the county’s annual awards for outstanding programs to promote waste reduction and recycling. Astorino will formally present the awards during Earth Day festivities on Sunday, April 22 at Kensico Plaza at 1 p.m.

The winners, in various categories that include governments, schools, businesses and civic organizations are: the City of Rye, the Town/Village of Harrison and the Town of Ossining; the Town of Bedford and its 2020 Waste and Recycling Committee; the City of White Plains and its Eco Neighbors; the Village of Irvington, its Green Policy Task Force and the Greenburgh Nature Center; the Village of Hastings-on-Hudson and its Conservation Commission; the Mount Kisco Elementary School, Eastchester Anne Hutchinson Elementary School, and IBM. (more…)