Democrats on Board of Legislators Reject Citizen Volunteers, Embrace Partisan Politics

In a continuation of the practice of unprecedented, partisan-politics that began when Board of Legislators Chairman, Ken Jenkins (D-Yonkers) denied his Republican colleagues on the Board of Legislators any committee chairmanships, and even took away the committee chairmanship that one Republican Legislator had held for fifteen years, nine members of the Democratic caucus  have voted down the appointments of seven appointees to various citizen-advisory boards and commissions.  The votes took place at the Board of Legislators regular meeting on Monday February 13th.  The citizen appointments were made by County Executive Rob Astorino.  The citizen committee members are volunteers who would have served on the Housing Opportunity Commission, the Human Rights Commission and the Planning Board among others.  The citizen committee members receive no material compensation for their their service.  The lone Democrat to vote with the Republicans for the appointments was Legislator Michael Kaplowitz (D-Chappaqua).

Even the most senior Legislators on the Board, could not recall ever seeing this type of wholesale rejection of citizen committee appointees.  The normal process for the approval of appointments to citizen committees involves interviews, discussion and vetting of the candidates in the boards’s Appointments Committee.  For the first time, that review process was circumvented by the board’s Democrats who then voted down the appointees without having ever considered their experience and qualifications.

During the floor debate, Minority Leader, Legislator Jim Maisano  (R-New Rochelle) challenged the Democrats to present just one reason why they were voting down the appointees.  The Democrats could not offer a single reason for their partisan rejection of the citizen volunteers that have offered their experience and expertise in the service of our county government.  The Democrats inability to state a single reason for voting against the citizen appointees is clear and indisputable proof that their objections to the appointments were without merit and based solely on the Democrats desire to obstruct the County Executive’s efforts to provide these committees with the talent and expertise they need to function.

Legislator John Testa (R-Peekskill/Cortlandt/Yorktown) served as a councilman and was also a three term mayor in Peekskill before becoming a County Legislator.  In both offices Legislator Testa said he and his colleagues were dedicated to the principle that all citizen volunteers should be treated with respect.  Testa said, “We made sure that during the process of appointing people to citizen advisory boards, we never embarrassed theses volunteers in public.  There are going to be reasons, occasionally, that a legislator may take issue with a prospective committee member.  When the vetting and discussion process is observed, there are mechanisms in place to make objections to a specific candidate without reading their name in a public legislative session and then voting them down without any explanation as to why.”  Testa went on to say, “What happened here in the Board of Legislators meeting was wrong.  This type of treatment does not conform to our accepted practice as Legislators and it does not conform to basic ethical rules of how we treat residents who offer their invaluable experience in private business, law, education, advocacy or any other background.”

Following the vote, Minority Leader, Legislator Jim Maisano said, “I have never seen such partisan and destructive antics from a group of Legislators as we are now witnessing from the Democrats on this board.  It is deplorable that they would use these volunteer committee members as pawns in their unrelenting, partisan attacks against the County Executive.”  Maisano went on to say.  “Already in the early days of his new term, Chairman Jenkins has attempted to punish our caucus because we did not support him as Board Chairman.  In retribution for challenging his chairmanship, Republicans were shut out of any committee chair positions.   While we found that exclusion to be an abuse of his power and wholly punitive, we can accept that as elected officials we will sometimes have to deal with this type of nonsense.  It is not acceptable however, that tonight, the Democrats have gone so far to the extreme of partisanship that they have unjustly and publicly disapproved PRIVATE CITIZENS who have offered to serve this county on their own time, without pay.  The fact that this was done without even giving the appointees the respect of meeting with them or considering their credentials is an affront to the integrity of this legislative body.”  Legislator Maisano concluded, “These citizens who have selflessly agreed to serve on these boards and committees do not deserve to be thrust into the politics of personal destruction because of the mean and vindictive actions taken by the Democrats tonight.  If the Democrats are going to deem these fine citizens to be inadequate to serve in the positions for which they’ve been appointed then they should be able to explain why they are rejecting them.”

Minority Whip, Legislator Gordon Burrows (R-Yonkers) said he was stunned by the Democrats rejection of the proposed committee members, “I have served as a member of this body for seven years and was a Yonkers City Councilman for a decade before that. I have NEVER witnessed a level of disregard and disdain for our collective constituency like was demonstrated by the Democrats in this chamber tonight.”  Legislator Burrows continued, “I applaud Legislator Kaplowitz for standing up to his party leadership and imploring them to give these committee appointees a fair hearing.  Conversely I am appalled that veteran lawmakers and even a former Board Chair would acquiesce to such a mean-spirited and childish ploy as to reject these civic-minded citizens who have offered their hard work and perspective to us as leaders to better serve the residents of Westchester County.”

Swearing-in Ceremony 2012

Town Justice Sal Lagonia conducts the Oath of Office at Yorktown Town Hall.

On January 1^st swearing-in ceremonies were taking place all across the Hudson Valley. I was honored to be sworn in as part of the Yorktown ceremony at Town Hall.  Supervisor Michael Grace and his running mates Dave Paganelli, Nick Bianco and Gary Raniolo, as well as sitting members Terrence Murphy and Vishnu Patel invited me to participate in Yorktown’s event. I thank them very much for the opportunity. It was particularly appropriate since due to the redistricting changes to District 1, I now represent a much larger portion of the town.

Both the day and the event were wonderful and gave me pause to look back on my first term as a Westchester County Legislator.  This was my sixth time participating in such an event and each time, whether it was as a city councilman, mayor or legislator I was truly humbled by the support and enthusiasm of those in attendance.

On December 22nd I signed the official county record book for County Clerk Tim Iodoni.

It is always a time of hope and pride to be at the start of a new term in office and to know that thousands of people put their faith in me to represent them. It is a responsibility I have always taken very seriously and keep in mind every day I serve in office.

I am proud of my first term as legislator and appreciate the opportunity given me by the citizens of Cortlandt, Peekskill and Yorktown. I pledged to work to reduce taxes and that is what we were able to do. In 2010 overall county taxes were reduced by 2.2% with even higher reductions in each of municipalities in my district.  Just before Christmas the county board passed the budget for 2012 with a 0% tax increase. Combining my first two years as county legislator with my final three years as Mayor of Peekskill where we had a 0% tax increase each year means that there is an overall tax decrease for my last 5 years in office. I feel good about that, but there’s much more to do.

Reducing the tax burden cannot happen without significant reductions in spending. Over the last two years we were able to cut county spending by over $100 million and significantly downsize government. This was all done without gutting essential services, especially those for our most vulnerable residents. Jobs were saved, programs such as Arts Westchester and Cornell Cooperative Extension continue and major infrastructure projects for my district were completed and funding for others was secured.

At the start of a new year and a new term I would like to say thank you. Thank you to the citizens of District 1 who have once again given me the opportunity to serve. Together we will be able to make Westchester a great place to live.

Agreement Reached on Westchester County 2012 Budget

It took roughly 16 hours of negotiation but the Westchester County Board of Legislators finally passed the 2012 budget.  The goal of a 0% tax levy increase was met, spending was reduced by $90 million, and jobs were saved.

Going into budget discussions, I, along with my GOP colleagues, demanded no tax increase for the residents of Westchester.  We cautioned against excessive borrowing. We also demanded that the County’s fund balance not be raided as the supermajority did last year, which led Moody’s rating agency to lower the County’s credit outlook to “negative.”

We felt, as did the County Executive, that spending is at the root of the county’s financial woes and further drawing down the fund balance only exacerbates the problem for the future.  Too often elected officials choose to raid reserves and borrow beyond reasonable limits in order solve the self-inflicted problems of overspending and over hiring.  Westchester has been plagued by this problem in the past, but for the second straight year, the GOP caucus has fought hard to reverse this trend.

As a caucus, the GOP was committed to restoring as many jobs as possible and preserving programs important to the residents of Westchester.   But this was complicated by state and federal mandates, which tie Legislators’ hands, and force tough decisions about how the sacrifice must be shared.   Most, if not all, of the programs and services that were pegged to be cut, or have funding reduced, provide worthwhile services to County residents.  As Legislators, we had to answer questions such as, Should we fund mandated programs above the legal minimum?  Are certain discretionary programs within the scope of County government?  Does funding more appropriately fall at the local level?  Or is the service better provided without the strings that come with government funding?

These were some of the considerations the GOP and Democratic caucuses weighed during the budget process. While we didn’t agree on all points, we were able to negotiate and compromise enough to agree on a budget for 2012. The County Executive also took an active role during the marathon negotiations.  In the end, we found enough to agree on to move forward.

As the Legislator for District 1, I am pleased I was able to restore programs important to those I represent.  My first priority was to find a way to restore as many jobs as possible. We were able to restore 187 of the 210 proposed layoffs in the County Executive’s proposed budget.  I also supported restoration of funding for Cornell Cooperative Extension, Arts Westchester, and Hudson River Healthcare.  Not only do these programs serve thousands of District 1 residents, they also represent small business and jobs. As a former mayor and long-time teacher I know first hand how important these programs are to the culture, health, and economy of Northern Westchester.

I also supported restoring funding for a program called Community Capital Resources. This line item has a very small impact on the County budget but plays a very big role in helping small business.  A number of local businesses have relied on this help to survive.  Small business is the backbone of our economy and Northern Westchester is no different. As someone who realizes the need to support small business and economic development, I felt these funds were essential to the future health of our local economy.

While we were able to arrive at a bi-partisan agreement on the budget there is still work to be done. The County Executive has the right to exercise a line-item veto on the approved budget, and this process is not complete, so minor changes are possible.  I am confident the 0% increase will be retained but slight adjustments may follow the veto reconsideration vote.

I am pleased we were able to work across the aisle to deliver a 0% tax increase while lowering spending.  But the budget process can be dramatically improved.  Specifically, we need to encourage wider public participation in the budget process, and the public should have an opportunity to comment on the budget that the Board of Legislators ultimately votes on.   This year, we had 3 public hearings; one for the south part of the county in New Rochelle, one in Somers for Northern residents, and a final hearing at the County Center.  Over a hundred spoke at all three for a total of nearly 15 hours, but many who voiced their opinion spoke at all three hearings.   Also, the only budget that was commented upon was the initial one proposed by the County Executive, not the budget eventually voted on by the board.  In my view there should be at least one opportunity for the public to review and comment on the budget that will actually be voted on.  It is my suggestion that the Charter Review Commission present changes to this process to encourage wider participation and elicit public comment on the actual budget that will be voted on.

GOP Legislators Challenge Democratic Supermajority to Provide a Fair, Bipartisan, Open and Transparent Budget Process

The most important duty the Board of Legislators will undertake this year is the delivery of a responsible county budget.  In these very difficult financial times this is a task that will require the dedication and cooperation of every single Legislator both Republican and Democrat.  This can only be accomplished if the Democrat supermajority works with the Republican lawmakers, in a positive manner, on a budget process that is inclusive of the public and press and mandates that all decisions are made in a fair, open and transparent way.  These critical qualities have been conspicuously absent from the budget process in recent years.

The Democrat supermajority’s approach in prior years has been to hold the required budget committee meetings and hearings in public, and then withdraw to the secrecy of the Democratic caucus, where the Republican legislators, the public and press were locked out.  Last year, even the County Executive’s office was locked out of these private meetings and not allowed to offer any input on important decisions that would affect the administration.  This was followed by the Republican legislators receiving the supermajority’s budget changes just 20 MINUTES before being required to vote on the budget.  Minority Leader James Maisano said, “The taxpayers of Westchester don’t support this type of secrecy and closed government when it comes to their budget.  It is outrageous that the public and press were locked out of the Democrat caucus meetings, where most of the real decisions on the budget were made.  This budget year we request that the Democrat supermajority release their changes to the budget no less than 24 hours prior to the budget vote.”  Maisano added, “We are facing an extremely difficult budget, and I hope that my colleagues on the other side of the aisle make this a true partnership and ensure that fair, open and transparent procedures are followed at all times for this budget.”  Maisano concluded, “on Tuesday November 8th.  Westchester voters made it clear that they expect more cooperation and accomplishment from their elected officials.  Partisan games and politicizing of our legislative duties is unacceptable.  It is time to work together for the good of Westchester’s taxpayers.”

While the Republican caucus hopes that the Democrats will conduct their budget deliberations in a fair, open and bipartisan manner, the Chairman’s recent unilateral decision to change the date for the budget vote from December 12th to December 8th is very troubling.  December 12 has been scheduled for about 11 months now.  This date change was made to allow the Democrats more time to override the vetoes they anticipate coming down from the County Executive.  The Republican caucus urges the Democrats to work WITH the County Executive in a bipartisan effort NOW to reach compromises on the various budget disputes BEFORE they propose their final plan, which needs at least a 24 hour review by the public, press, Republican legislators and County Executive.

Thank You to Cortlandt, Peekskill and Yorktown!

Now that the election results are becoming finalized and we have all had some time to reflect I would like to thank the residents of Cortlandt, Peekskill and Yorktown for such an overwhelming victory. I am truly humbled and appreciative of the tremendous support you have given me to continue as your county legislator.

The numbers tell it all: an overall victory of 62%, which is the second largest margin of the 13 legislative races with challengers countywide. County Legislative District 1 is comprised of 53 local districts throughout Cortlandt, Peekskill and Yorktown.  I am pleased to announce I won handily in all three communities, winning 50 of the 53 local districts, with a margin of nearly 2000 votes!

It was a hard-fought campaign but it was also very gratifying to know the residents in the area I represent understand the critical issues we face in Westchester, and approve of our accomplishments to date. I will continue to work hard for those I represent and work with all my colleagues in White Plains for the betterment of our residents in Northern Westchester.

The work ahead will be challenging and requires some tough decision making on a multitude of issues. However, I will face those issues head on and look to further reduce the county tax burden without harming those who need assistance the most. The goal is to make a better Westchester for all who live here and not disregard the most vulnerable among us, especially senior citizens and children.

Thank you again to all who voted this past Tuesday and for putting your trust in me to remain as your county legislator.

“Kane is Not Able”

Yorktown Resident Comments on how Testa challenger has proven on numerous occasions that he is unfit for public office and is the wrong choice for District 1

This commentary is taken from the Peekskill-Cortlandt and Yorktown Patch sites:

Candidate for County Legislator Michael Kane has proven on numerous occasions that he is unfit for public office and is the wrong choice for District 1 “Westchester Fair Campaign group faults claims by Democrat Michael Kane in legislator race.”

That was the headline in a Journal News article this week reporting on Legislator John Testa’s opponent in the Westchester County District 1 race. Incredibly in that very article Michael Kane maintained that the issues the Westchester Fair Campaign Practices Committee cited him for, providing misleading information, were “small in nature” and that he “was not trying to fool people”. Yet when asked by the Committee why his website and campaign literature contained information he readily conceded was inaccurate and misleading, stated “he was waiting for the Committee to tell him he needed to remove it.”

Kane’s desperate attempts to malign John Testa’s outstanding record even bizarrely extend to false claims about Legislator Testa’s attendance record. Kane was embarrassingly caught telling this lie in the Yorktown Chamber debate. He claimed Testa was absent from a meeting when he was, in fact, present. On top of that John Testa has a 100% attendance record at all regularly scheduled Board of Legislators meetings.

Michael Kane has demonstrated time and again throughout this campaign his lack of suitability for public office. Regardless of the forum, the News 12 debate, Journal News candidate interviews or most recently, the Yorktown Chamber of Commerce debate, he’s shown he has no idea as to what it means to be a legislator or have a grasp of the issues. For example his ridiculous suggestion that we could close Indian Pt. and replace it with hydroelectric power. Really, dam the Hudson River? Or the fact that during one of the debates, he wasn’t aware of how much the County budget had been cut, Legislator Testa had to supply the numbers for him! In fact Kane went on to commend John Testa saying he “worked hard and did a good job” in reducing the budget. In another venue, Kane was asked, “Given the difficult fiscal constraints of our county, how do you propose to make progress on your priorities?” Kane’s clueless answer: “I will need to read the budget….”

Clearly Mr. Kane’s lack of familiarity with the issues and experience as a local political operative and shop steward, not to mention his ethical lapses, have limited his ability to consider the best interests of Westchester’s citizens. When the Journal News sought an answer about givebacks and concessions, a topic “most voters…expect shared sacrifice on,” as they reported, “Kane said he opposed such concessions.” No doubt such stubborn and partisan thinking played a role in the Journal News’ decision to endorse John Testa as “a reliable vote for bipartisan efforts to recalibrate government services in Westchester…who has earned another term to continue those efforts.”

The voters in District 1 have the opportunity to show that principled and practical leadership does matter. That experience and integrity do make a difference, and that’s whi I am supporting John Testa this Tuesday November 8th.

Sincerely,

Robert Violante

Westchester County Fair Campaign Practices Committee Rules in Favor of Testa

Kane proven to have repeatedly made false claims that he is endorsed by the Independence Party and to have been a member of the BOL Environment and Energy Committee

On the heels of cheating on nominating petitions, losing the Independence Party Primary and proven to be lying about Testa’s record in a recent debate, challenger Mike Kane was found to be participating in unfair campaign practices by including false statements in his campaign materials and web site.

Below are the complete findings of the Westchester County Fair Campaign Practices Committee resulting from their November 1, 2011 hearing:

WESTCHESTER COUNTY FAIR CAMPAIGN PRACTICES COMMITTEE
914-834-0615/ faircampaign@optonline.net<mailto:faircampaign@optonline.net>

November 1, 2011                                                                          Contact: Evelyn M. Stock, Chair FOR IMMEDIATE RELEASE                                                                                     914-472-4719

Findings in the Complaint of
John G. Testa (R) v. Michael Kane (D), candidates for
Westchester County Legislator, District 1

The Westchester County Fair Campaign Practices Committee met on November 1, 2011, to hear the complaint of John Testa against Michael Kane.  Mr. Testa was represented by Barney Molloy.

COMPLAINT:
Mr. Testa complained that Mr. Kane has ”repeatedly made materially false representations on various sources” including campaign materials and his website stating that Michael Kane was “endorsed by the Independence Party.”

FINDING: UNFAIR CAMPAIGN PRACTICE
Michael Kane was not endorsed by the Independence Party. Indeed he lost the primary and his name will not appear on the Independence Party line.

COMPLAINT:
Mr. Testa complained that Mr. Kane has “repeatedly made materially false representations on various sources” including campaign materials and his website stating that Michael Kane “served on the Westchester Board of Legislators Environment Committee”.

FINDING: UNFAIR CAMPAIGN PRACTICE
Michael Kane did not serve on the Westchester County Board of Legislators Environment Committee nor has he been a County Legislator. Mr. Kane admitted that several years ago he served on a citizen’s environmental committee headed by a County Legislator.

If a candidate or campaign wishes to quote from a Finding, the Committee requires that it be quoted in its entirety. The Committee regards selective quotation of its Findings as a violation of fair campaign practices.

Committee Members: Evelyn M.  Stock (Chair), Miriam Cohen (Coordinator), Dennis Chillemi. Dan Franklin, LaRuth Gray, Victor Goldberg, Susan Pace Guma, Milton Hoffman, Lee Kinnally, Robert Kirkwood, Polly M. Kuhn, Ernest Prince, Susan Schwarz, Lorelei A. Vargas.

Ex officio: Representatives of the Republican Party, Democratic Party, Independence Party, Conservative Party, Working Families Party.