COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

MAY 29, 1996

ATTENDANCE:

B & A MEMBERS: Wishnie, Delfino, Young, LaMotte, Darcy, Abinanti

OTHERS: C.E.’s Office: Neil DeLuca, Jamie Hastings, Gina Angiulo; Budget Dept.: Joe Phelan, Legislators: Carsky, Oros, Albanese; Law Dept: Greg Meehan, Denise D’Ambrosio, Terry O’Rourke; Consultant: Jill Rosenberg; DPW: Comm. Landi; Personnel: Anthony Giambruno; BOL: Pat Gorski, Don Sandford, Dan Rodriguez, Robert J. Boland, Glenn Guzi, Tina Seckerson

Co-Chair Wishnie called the meeting to order at 3:10 p.m.

DISCUSSION: (There is a cassette tape on file for more detailed information):

1. RE: Barbara Annis v. County of Westchester, Anthony Mosca and Ernest J. Colaneri

93 Civ. 3487 (WCC)

2. COUNTY ATTORNEY: Proposed Act authorizing the County Attorney to settle the

lawsuit of Lisa M. Kounitz and Martin S. Kounitz v. Marilyn J. Slaatten, individually and as Westchester County Attorney, Carol Van Scoyoc, individually and as Deputy County Attorney for the County of Westchester and the County of Westchester. (5/6/96)

• Mr. DeLuca explained that his role at the meeting was to deliver a message from the County Executive who had discussed lawsuits, in general, at length at the leadership meeting held on Tuesday. He informed the Committee that the number of sexual harassment, gender discrimination, age discrimination, etc. lawsuits are growing nationwide. Oftentimes, the jury awards money disproportionently to the seriousness of the events. In the case of Commissioner Colaneri, some of the jury’s award may have been fashioned, as the newspaper reported correctly, for events that happened fifteen years ago in a municipality other than Westchester County. He stated that something is wrong with the system when compensatory damages are awarded in the amount of $1.00 and punitive damages in the amount of $50,000. The County Executive believes that if that trend continues, and it certainly looks like it is, the ability for him as well as the BOL to govern and make rules for this County becomes restricted because people at the highest levels of government will begin to worry if their decision may come back to bankrupt them. He stated that the Board and the Administration need to work cooperatively on some type of protection for officials. The County Attorney’s Office and Risk Management are looking into this and will report back with their suggestions.

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• All County employees have attended training seminars on the subject of sexual harassment and the upcoming Commissioners’ Conference will be devoted to how to handle these kinds of situations.
• On behalf of the County Executive, Mr. DeLuca urged the approval of these settlements because if they are not settled the liability of the County could be much greater with regard to compensatory damages.
• By bringing these settlements to the Board Mr. DeLuca stated that they are not saying that the County is guilty or anyone who is the subject of a lawsuit is guilty. They believe it is in the best corporate interest of the corporation of Westchester County to settle, even when they don’t want to, because of the history involved in situations such as these. Settlements limit the County’s liability.
• Mr. DeLuca stressed the Administration’s willingness to discuss matters of procedure or policy with the Board if they feel there is a problem. He reminded the Committee that the Board has the power to change policy by local law or through cooperation of leadership.

• Ms. D’Ambrosio gave an overview of the two lawsuits captioned above which included the following:

• Annis Case:

• This case was commenced by Barbara Annis while she was a Lieutenant in the Department of Public Safety for gender discrimination dating back to 1977, despite the fact that she wasn’t ultimately employed by the County of Westchester until 1984.
• Both the County of Westchester and Ernest Colaneri were represented by the County Attorney’s Office. Due to a personal injury action, former Commissioner Mosca filed against the County of Westchester, the BOL authorized separate counsel for him, which the County of Westchester paid for. That same representation will continue if there is an appeal in this matter and the County will be obligated to pay for former Commissioner Mosca’s counsel fees. If this matter is appealed, the verdict in this matter, which was $541,000, will continue to accrue interest until the judgment is ultimately paid and it is ultimately sustained at the rate of 9% as well as undetermined counsel fees which will be due to Mr. Lovett. Past experience has shown that he has received approximately $90,000.
• This is the first time the County Attorney’s Office is aware of that there is an award of punitive damages by a jury against a public official of Westchester County. She noted that the Committee will hear from Ms. Rosenberg, their technical expert on this case, that the cases are increasing at a rapid pace for private and public corporations, municipalities, counties and even the state in gender discrimination, age discrimination and disability cases. The amounts of damages being awarded, both compensatory and punitive, are on the increase.
• There is a settlement conference scheduled for June 7th at which time the Judge has ordered that all parties have the authorization necessary to settle the matter. Ms. D’Ambrosio stated that they are obligated to appear before the Board to get some idea of the parameters which this Board would authorize for settlement. They need some inclination from the Board as to how high they can go, albeit informal, either in writing or verbally to the County Attorney. They will take those outside parameters and try to negotiate a deal that is in the best interest of the County.

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• The action was commenced by Lisa Kounitz and Martin Kounitz. Lisa Kounitz is a former Assistant County Attorney who commenced this action claiming gender discrimination and a violation of her rights to free speech. She alleges that she was wrongfully denied an increment in 1993 and that she was wrongfully terminated in February of 1994 solely because she was pregnant and because her husband made complaints about the County Attorney’s Office. Both the County Attorney and former Deputy County Attorney, Carol Van Scoyoc, are named in their official capacity and individual capacity. Both were represented by the Office of the County Attorney. The issue of representation was fully litigated before Judge Parker and the Court determined that it was appropriate for the County Attorney’s Office to represent them. Nevertheless, the County Attorney voluntarily took herself out of the decision making in this matter. Decisions were made by Ms. D’Ambrosio and Mr. Meehan in conjunction with the County Executive’s Office, with input from the technical consultant.
• The County Attorney and Carol Van Scoyoc were advised of the settlement negotiations although not advised of the particulars of the negotiations. They were apprised of the results when the proposed settlement was arrived at. A conference has been scheduled for June 4th giving the BOL an opportunity to consider and vote on the proposed settlement at their June 3rd meeting. Ms. D’Ambrosio stated that it is their recommendation that this matter be settled despite the lack of wrongdoing by the County Attorney or former Deputy County Attorney Van Scoyoc. It is appropriate given the exorbitant cost of this litigation which will well exceed the cost of the settlement, not to mention the tendency of juries in these matters to be incredibly plaintiff sympathetic.
• Ms. D’Ambrosio suggested the Committee go into Executive Session to discuss these lawsuits further.

On motion of Legislator Darcy, seconded by Legislator LaMotte the motion to go into Executive Session at 3:30 p.m. was carried by a vote of 6-0.

On motion of Legislator Abinanti, seconded by Legislator Darcy, the motion to come out of Executive Session at 5:30 p.m. was carried by a vote of 5-0. (Legislator Delfino out for vote)

NACo Resolution: (distributing votes at the NACo Convention)

On motion of Legislator LaMotte, seconded by Legislator Abinanti, the motion to approve this Resolution was carried by a vote of 5-0. (Legislator Delfino out for vote)

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COUNTY EXECUTIVE: Forwarding two pieces of legislation which would enable eligible County of Westchester and Westchester Community College employees to participate in the New York State Retirement Incentive Program. (5/20/96)

• Mr. Wishnie informed the Committee that he County Executive stated that there could be as many as 100 people who would take advantage early retirement, could potentially save the County $2.5 million and only 50% of the jobs could be filled (within the first two years).
• Mr. Abinanti inquired as to why the County would offer another early retirement incentive after doing one last year. Mr. Wishnie responded that the State of New York made it available to the County and it is a way to save some money without firing people.
• Mr. Wishnie called for a five minute recess at 5:40 p.m.
• Mr. Wishnie called the meeting back to order at 5:45 p.m.
• Mr. Giambruno joined the meeting to discuss this issue.
• Mrs. Carsky expressed her concern with regard to losing experienced people with a history and invaluable knowledge about the County in certain areas such as DPW and DEF.
• Mr. Wishnie stated that there are less resources available and rather than fire people next year, people can leave on their own.
• Mr. Abinanti asked why we should do this now. Mr. Giambruno responded that in a downsizing or rightsizing mode it enables people to go out with the dignity they deserve. There is always the possibility that we will lose experienced people. They anticipate that between 100 and 150 people will take advantage of the early retirement incentive.
• It was asked if certain positions can be declared exempt. Mr. Giambruno responded that you can target positions but the Administration chose not to do that. Mr. Giambruno stated that if we lose 25 people (15% of the total number expected to go) and we say we can’t run this government then we are in a sad state of affairs.
• Mrs. LaMotte stated that targeting positions restricts the amount the County saves.
• This proposal is comparable to last year’s offering the same terms.
• August 31 is the closing of the window to be able to reap as much savings in the 1996 fiscal year as possible.
• Mrs. LaMotte stated that taking all concerns into consideration she will still for the program.

On motion of Legislator LaMotte, seconded by Legislator Darcy, the motion to approve the (2) Local Laws with regard to the Early Retirement Incentive Program was carried by a vote of 5-0. (Legislator Delfino out for vote).

Minutes: On motion of Legislator Abinanti, seconded by Legislator LaMotte, the motion to approve the Minutes of May 20, 1996 was carried by a vote of 5-0. (Legislator Delfino out for vote)

There being no further items for discussion, on motion of Legislator Abinanti, seconded by Legislator Darcy, the meeting was adjourned at 6:10 p.m.