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Judge rules against Astorino in day-care case; county will appeal.
www.lohud.com
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WHITE PLAINS — Westchester County Executive Rob Astorino will appeal a justice's decision ordering
him to temporarily approve two Mount Vernon mothers for day-care assistance under programs
targeted for budget cuts.
State Supreme Court Justice Nicholas Colabella issued his ruling Thursday morning during a
hearing on a lawsuit filed against Astorino by the Mount Vernon women.
They claim they were wrongly denied aid under county programs designed to help working families
whose income is too high to qualify for other programs.
The lawsuit was filed by Nakia Simmons and Lakia Perkins, both 34, in the wake of $1.5 million in
budget cuts by Astorino this year to two day-care programs. The budget reductions were part of an
announced $16 million in cuts designed to help head off a $166 million deficit projected for 2011.
The two women said the cuts caused them hardships and traumatized their children.
Simmons is two months behind in her $1,200-a- month rent and faces possible eviction, said Laura
Redman, a lawyer with the National Center for Law and Economic Justice, the group that is representing
the women.
Redman said her organization, a nonprofit that was formerly called the Welfare Law Center and takes up
many civil rights causes, became involved after being contacted by child-care advocacy groups in
Westchester.
Perkins faces the possible loss of her job due to having to take time off to care for her children. They
need the assistance, Redman said. "This has been a great day for the two individual
working mothers," Redman said. "It will mean a sweet relief."
Ned McCormack, communications director and senior adviser to Astorino, said the county
executive would ask an appellate court early next week to overturn Colabella's order.
"It is the job and the fiduciary responsibility of the county executive to prudently manage the county's
budget," he said.
"To suggest otherwise as this lawsuit does is essentially saying the county executive is not
allowed to save money and not allowed to adjust to financial circumstances as they change," he
continued. "Such a position is just not credible, practical, or supported by the law."
The day-care cuts affected two programs: the Title XX program, which is designed to aid families
whose income is more than two times greater than the federal poverty level, and the Westchester
County Child Care Scholarship Program.
Colabella set a Sept. 24 deadline for the county to file court papers answering the lawsuit's request for
a permanent injunction and class certification that could potentially add hundreds of families as
plaintiffs in the case.
The battle highlights the friction over budget cuts between Astorino and the Democratic majority on
the 17-member county Board of Legislators.The Democrats have threatened to sue Astorino, a
Republican, for making cuts without their approval.
Redman echoed that position in court, saying Astorino's cuts to day-care programs were illegally
done without the board's approval.
"The county charter says the Board of Legislators is the final word on the budget process," she said.
"The process was not followed here."
Colabella asked if it's Redman's position that Astorino can't unilaterally make budget cuts.
"Yes," she said.
Associate County Attorney Carol Arcuri said during the hearing that the decision to deny the
applications was made by the commissioner of social services, not Astorino.
"It's the county's position that this is nothing more than political grandstanding," she said.
Redman said Democratic legislators played no role in bringing them into the budget fray.
She declined to name the groups that contacted her organization.
Board Chairman Ken Jenkins, D-Yonkers, did not return calls seeking comment.
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Anyone wonder why states like NY, CA, IL are finished?
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Mount Vernon moms sue Astorino over day-care aid
www.lohud.com
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Two Mount Vernon mothers say they were denied day-care help because of County Executive Rob
Astorino's midyear cuts and that's affecting their jobs and traumatizing their children.
Nakia Simmons and Lakia Perkins, both 34, have filed a class-action lawsuit against Astorino,
claiming they were wrongly refused aid they were eligible for under a program that helps working
families whose income is above the federal poverty level.
In taking the case pro bono, Laura Redman, an attorney with the National Center for Law and
Economic Justice, said these women, who make$32,500 and $34,500, respectively, in
administrative jobs, are faced with working less so they can take care of their kids, are racking up bills,
unable to pay rent and forced to depend on family and friends.
Simmons has been unable to pay her $1,200 rent for two months so she can pay for care for one of
her two children, while Perkins fears she will lose her job and incur $250 a week in debt to care for
her 6-year-old, according to the lawsuit.
"The risk with each passing day ... is that the individual situation gets worse," Redman said. "It's
an important part of government services to provide benefits to those who are most in need.
"These two mothers represent a very typical experience," she said.
Neither had been part of Westchester's Title XX scholarship program before their denial, Redman
said, but are among hundreds affected by the county executive's actions — ones they maintain are
illegal because the Board of Legislators approved the scholarship program but never signed off on the
changes.
"The county executive just went through and cut those funds, usurping legislative power," Redman
said. "The county executive doesn't have the power to just change that without certain provisions."
A hearing on a temporary restraining order is scheduled for 10 a.m. today at the Westchester
County Court in White Plains.A successful lawsuit may affect all the people who have lost funds.
The Title XX scholarship program was created in 2006 to help people who were making 200 percent
more than the federal poverty level — $36,620 for a family of three, according to the federal government
— as a way of recognizing that Westchester County is more expensive than other places in the country.
It's basically a program for people who are making enough to not qualify for other help but are not
earning enough to pay for it themselves.
In 2009, roughly 200 families and 250 children received help through this program.
The plaintiffs want the Title XX scholarship program reinstated, new applications to be accepted and the
contribution returned to 15 percent from 20 percent.
The administration had no immediate comment and the matter was being reviewed, Astorino
spokeswoman Donna Greene said.
The lawsuit stems from the $1.5 million that Astorino sliced from day-care programs several
months ago. It was part of $16 million in savings announced this year as a way of plugging an
anticipated $166 million deficit in 2011.
The lawsuit rachets up divisions among Astorino, Day-care advocates and the 17-member county
board and its Democratic majority, which had threatened to sue the Republican executive for
making budget cuts this year without the board's approval.
The lawsuit also follows months of protests, rallies and hearings where hundreds of affected families
have turned out and unsuccessfully called on Astorino to reverse his decision.
Astorino has said the county is broke; the day-care dispute is the first of many tough decisions that had
to be made, he has said.
Astorino has defended his decision, citing the $32 million spent on day care, though advocates say
that's misleading since $24 millioncomes from the state and federal government.
Astorino's changes increased parent contributions by 5 percentage points, on average about an $80
increase, froze the number of households that get subsidies from Title XX at 365, and eliminated
scholarships for people who earn too much to qualify.
Advocates have said Astorino's strategy hurts families, and that it's wiser to find savings
elsewhere, such as by cutting millions in county overtime costs.
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I hope every level of govt collapses.
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Astorino in Faceoff Over Cuts to Budget
www.wsj.com
By ANDREW GROSSMAN
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WHITE PLAINS, N.Y.—The Democrat-dominated Westchester County Legislature is locked in an increasingly nasty showdown with County Executive Rob Astorino, a Republican who won a surprise victory last fall.
Mr. Astorino has been at loggerheads with the legislature over just how far his power extends, particularly over spending. Democrats have gone so far as to hire a lawyer paid for with county funds.
Mr. Astorino made cuts in March to Westchester's child-care services for low-income residents. He argues that the executive is allowed to manage government services and doesn't need to spend all the money that the legislature appropriates.
But Democrats—who hold 11 of the 15 seats on the county board—say Mr. Astorino is breaking the budget law passed by the legislature and signed by Mr. Astorino's predecessor, a Democrat.
"I'm not sure that I'm waiting–as the chairman of the board of legislators—for the first dead child to show up before I take action," said Ken Jenkins, a Democrat from Yonkers. "These illegal and unauthorized cuts to day care could have profound impacts."
Mr. Jenkins said legislators will likely decide soon whether to file a lawsuit. Legal action would mark the opening of a new front in the continuing fight between the legislature and the county executive.
In April, Mr. Astorino exercised a rare veto by a Westchester county executive, saying a plan that would have made county employees contribute to their health-care costs didn't go far enough.
He vetoed another bill on Thursday involving how a health-care provider should be hired for the county jail.
Westchester faces a potential $166 million deficit in 2011, equal to 8.7% of its $1.9 billion for this year.
Mr. Astorino is unambiguous about what that will mean if he gets his way: fewer services from a county government that in many cases provides far more than what's required.
"What it is we're mandated to do, we'll provide, but that's about it," Mr. Astorino said. "We've got to start turning the Cadillacs in for Chevys."
Democrats worry that such an approach will cost Westchester money in the long run.
"We're committed as a legislature to reducing the size and cost of government," said Peter Harckham, a Democratic legislator from northern Westchester. But, Mr. Harckham and other Democrats said, cuts in county services could force more people into mandated programs that will ultimately be more expensive.
As an example, Mr. Jenkins pointed to child care. If cuts to those programs, which cost $321 a month, force parents to stay home from work, they could lose their jobs and the county could be required to spend $1,000 a month on mandated programs like food stamps and housing assistance, Mr. Jenkins said.
Before the Hawthorne resident was elected, he worked for Sirius XM Radio Inc. where he ran the Catholic Channel and hosted a talk show with New York Cardinal Edward Egan.
He lost a bid for the office in 2005 to incumbent Andy Spano, who won a third term by 16 percentage points. In 2009, Mr. Astorino won by that margin.
Write to Andrew Grossman at andrew.grossman@wsj.com
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When people ask why i hate democrats, this is why. Westchester pays the highest taxes in the nation already and these disgusting marxists want more.