The problem with Facts - they require more investigation

Mr. Jenkins wrote 'Some facts regarding the End of the CSEA Lawsuit against Westchester County’ below. I’ve taken the liberty to respond to his letter to ‘we the taxpayers’.

Here are some facts regarding the dismissal of a lawsuit against Westchester County by the Civil Service Employees Association (CSEA) on behalf of 38 former county Section 8 employees.

1 Fact:  Judge Hubert did not uphold the County Executive’s decision to dismantle the Section 8 program in Westchester. The judge dismissed CSEA’s case against both the County Executive and the Westchester County Board of Legislators (BOL).

Here we begin with the magic of word smith used by the Super Majority ad nauseam. Jenkins states the case was ‘dismissed’, Astorino claims the Judge upheld his argument. Here’s the official definition of ‘dismissed’  ready: As a matter of law, the prosecution, or the plaintiff, has failed to present sufficient evidence to prove the claim'.  


So much for Fact Number 1. 






2 Fact:  The BOL voted to restore funding for the Section 8 program in the 2011 Budget, but did not join CSEA in the lawsuit, as County Executive Astorino has previously stated. The BOL was a defendant in the case, along with County Executive Astorino and New York State.

This statement has been proven false time and time again – but, let’s revisit it one more time. Astorino was required by the state to give at least a 60 day advanced notice that Westchester was going to relinquish their role in administering Section 8. THIS was done well before the budget process of the BOL was to begin. Once the budget process began, Jenkin’s super majority decided to include the program in the 2011 budget anyway thus restoring 38 CSEA eliminated positions believing their override would rule the day.

As to ‘not joining the CSEA in the lawsuit’ may I ask just one question here…Jenkins went on record in March stating: “We might not save 40 jobs; we might only save 35,” said BOL Chairman Ken Jenkins (D). “But that’s better than [nothing] in this current environment.” 

Does that sound like someone who is ‘not joining’ with a taxpayer lawsuit?

ALSO be sure to read Fact #5

 So much for Fact #2

3 Fact:  HUD, or the United States Department of Housing and Urban Development, determines the amount of funds available to Westchester County for public housing and Section 8 vouchers. Dismantling the Section 8 program in Westchester, which had been in existence for the last quarter of a century, meant that the County lost $4 million in funding. Contrary to what County Executive says, New York State paid for the administrative costs associated with the Section 8 program in the County, including all benefits and expenses. Any additional funds spent would be at the discretion of Westchester County.

Ahh that funny accounting gimmick rears its ugly head again. The Section 8 Housing cost $4.5 MILLION to run. The State gave us $4 Million. Unless my calculator is broken – that leaves us with a $500,000 SHORT FALL. Unless Jenkins can prove that the additional $500,000 was ‘discretionary spending’ this is a moot point.

So much for Fact #3

4 Fact:  The $4 million in Section 8 funding the County was to receive goes to an Atlanta, Georgia-based company that now administers the County’s Section housing program. Millions of dollars that were once deposited into the Westchester economy now get shipped out of state.

Now if you read that one quickly you’d think Atlanta just hit the jackpot and we lost – but remember – that $4 million goes to running the Section 8 program that cost us an extra $500,000.

So much for Fact #4

5 Fact:  County Attorney Robert Meehan had to recuse himself from the case—at a cost of $55,000 to tax payers for outside counsel—because he provided privileged advice to County Executive Astorino. The BOL voted to waive Meehan’s conflict issues and thus allow him to represent the County Executive.

OH Jeeze – This one is a little more detailed - Jenkins stated back in February of this year that ‘although he thought this might be a conflict of interest’ for Meehan, he wanted him to stay with the lawsuit.  On Feb. 4, Meehan sent the BOL a letter that officially announced his recusal from the case due to conflict amongst clients. “Under the New York Rules of Professional Conduct,” the Feb. 4 letter read, “I cannot represent any of the parties in this matter. Consequently, I hereby withdraw the County Attorney’s Office from any legal representation of the County and its officers in the lawsuit.”

Chairman Jenkins said that Meehan could not do that and that the law was on the BOL’s side. He cited Section 501, subsection 2 of the Laws of New York State which read that Meehan was required to side with the county in the case of conflict and that Astorino would have to pay for an attorney at his own expense. “The state law requires that you represent us,” Jenkins said. “If the county executive has a differing position then he is certainly entitled to hire an attorney at his own expense, not utilizing taxpayers’ funds.” Now because Meehan had recused himself (you know following the law not the ‘we’re above the law game’ Jenkins & co were playing) he then suggested in that letter that the BOL and Astorino “secure separate counsel to represent conflicting interests.”

Meehan was questioned about this – his response - “I’m not going to debate the issue. On the laws of the Code of Conduct, it’s inappropriate for the County Attorney Office to be attorneys in this matter. We will not represent conflicting interests in the same lawsuit.”

So, long story short – the bullying Super Majority chose to take on ‘We the Taxpayers’ when they went against Astorino’s common sense move to SAVE MONEY and now cry that it cost $55,000.

So much for fact #5

6 Fact:  The Astorino Administration states, in its recent Analysis of Impediments document, that it will ‘address the issue of limited subsidized housing and assistance programs within Westchester’ by preserving HUD subsidized properties. Westchester County was the largest administrator of Housing Choice vouchers for Section 8 housing.

We may have been the largest Mr. Jenkins but it was a money pit. Now, we’re leasing space TO THE STATE and receiving about $237,000 a year in rental income. That amount goes to the PLUS side of our budget.

So much for fact #6

As always – feel free to ‘fact check’ this for yourself. You’ll soon learn that although the Super Majority states their own ‘facts’ the truth is their facts leave much to be desired.