COMMITTEE ON BUDGET AND APPROPRIATIONS

MINUTES

OCTOBER 19, 1998

ATTENDANCE:

Chairman Wishnie called the meeting to order at 10:25 a.m.

(There was a delay in starting the meeting due to a fire drill in the building)

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

On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve the Minutes of October 14, 1998, and October 14, 1998 (Joint mtg with COD) was carried by a vote of 8-0. (Legislator Abinanti out for vote)

• This is for reimbursement of health care expenditures paid by the County.

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• When an individual who is insured under the County’s Health Plan (POMCO) is injured as a result of some alleged tortious act or omission of a third party, the County pays for the immediate health care for the insured subject to the right to be reimbursed if the insured recovers for medical expenses associated with that injury from a third party. The County’s right to be reimbursed from the insured for the health care expenditures is dependent upon the insured recovering damages from the third party for medical expenses incurred.

On motion of Legislator Carsky, seconded by Legislator LaMotte, the motion to approve this item was carried by a vote of 8-0. (Legislator Abinanti out for vote)

• Correction Officer Deborah MacDonald, a County employee, is named as a defendant in a lawsuit filed in the US District Court for the Southern District of New York.
• This lawsuit arises out of an incident that allegedly occurred while plaintiff was incarcerated in the County Correctional Facility. Plaintiff claims that his First and Eighth Amendment rights in connection with his medical care and treatment while incarcerated were violated. He further claims that Officer MacDonald was deliberately indifferent to his legitimate medical needs while incarcerated by arranging for the confiscation of his cane, thereby creating a substantial risk that plaintiff would suffer physical harm.

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• Officer MacDonald is currently involved in an unrelated proceeding with the County of Westchester wherein the County Attorney’s office has taken a position adverse to that of Correction Officer MacDonald. Therefore, a conflict of interest exists and separate counsel needs to be designated to represent Officer MacDonald.
• Outside Counsel to be designated is William Wood, of Wood & Scher, A Minority owned firm in Scarsdale, at the rate of $175 per hour, not to exceed $25,000.

On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 8-0. (Legislator Abinanti out for vote)

• Thomas O’Neill, a county employee, is named as a defendant in the US District Court.
• Plaintiff commenced this lawsuit alleging that his First and Fourteenth Amendment rights were violated when defendants failed to give him notice of his involuntary resignation and was not afforded a hearing or opportunity to answer the disciplinary charges pending against him.

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• Mr. O’Neill is currently involved in an unrelated proceeding with the County wherein the County Attorney’s office has taken an adverse position to that of Mr. O’Neill. Therefore, a conflict exists and separate counsel needs to be designated.
• Firm to be designated is Ponzini , Spencer & Geist at a rate of $175 per hour, not to exceed $25,000.

On motion of Legislator Kaplowitz, seconded by Legislator Swanson, the motion to approve this item was carried by a vote of 8-0. (Legislator Abinanti out for vote)

• This is a request to bring action against a Correction Officer. It is a 207C case.
• It was undisputed that the officer received a lumbosacral strain during an altercation with an inmate November of 1996.
• He was examined by his doctor who sent him to a chiropractor. The chiropractor treated him for about 4 months. In April he began treatment with another chiropractor. After being examined by the County’s consulting physician it was concluded that the claimant could return full duty.
• At the hearing the claimant did not have his doctor testify on his behalf. He returned to work on light duty with restrictions and subsequently on full duty.
• County is seeking to recoup 6 months of pay from the officer ($22,657.61)
• Mr. Kaplowitz asked that the Act be amended to add "with interest".

On motion of Legislator Kaplowitz, seconded by Legislator Carsky, the motion to approve this item, as amended, was carried by a vote of 8-0. (Legislator Abinanti out for vote)

• In 1993 Captain Annis brought an action against the County, Commissioner Mosca and Deputy Commissioner Colaneri claiming that they had subjected her to gender based discrimination.

• There was a trial which resulted in a $225,000 recovery to Captain Annis. In addition there was an award of attorney’s fees in the amount of $140,000.

• The attorney’s fees were not appealed by the prior County Attorney and were paid. The verdict was appealed. Prior to the determination on that appeal the matter was taken to the BOL which authorized a settlement in the amount of $226,000. The settlement fell apart because Captain Annis declined to sign a full general release in favor of the County. The appeal resulted in a split decision. The Court found that the County was liable for discrimination against Captain Annis but that the damages phase of the trial was tainted irreparably by the improper admission of certain evidence as the conduct that happened while all three individuals were employed by the City of Mt. Vernon. It was sent back for a new trial strictly on the issue of damages.
• A settlement has been negotiated in the amount of $85,000.
• With a new trial there is a potential for the plaintiff receiving a significant award based on the finding of liability as well as additional attorneys’ fees.

On motion of Legislator Swanson, seconded by Legislator Carsky, the motion to go into Executive Session to discuss details of the settlement was carried by a vote of 8-0 at 10:53 a.m. (Mr. Abinanti out for vote)

On motion of Legislator Swanson, seconded by Legislator Carsky, the motion to come out Executive Session was carried by a vote of 8-0 at 10:58 a.m. (Mr. Abinanti out for vote)

On motion of Legislator Kaplowitz, seconded by Legislator Stewart-Cousins, the motion to approve this item was carried by a vote of 8-0 with Legislators Carsky, LaMotte and Mosiello signing "Without Prejudice" and Legislator Abinanti out for vote.

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• Legislator Carsky raised the issue of the County’s policy with regard to any type of harassment against any employee. The Committee requested the Administration and the County Attorney’s continuing vigilance in educating all employees about the County’s policy as well as penalties for gender discrimmination.

Mrs. Carsky stated that this is an good first step to have the opportunity to address the Capital Budget a month in advance of the Operating Budget. In the last several years there hasn’t been the chance to do that and it has fallen through the cracks. She pointed out that from a historical perspective, in 1990, 1991, 1993 and 1994 it was the policy of the Budget Committee to begin a capital review early on in the year. The departments came in one at a time to report prospectively what they were going to need to do in the future and provide the members of the Board with an update on what they had on board currently. By doing the Capital review in the summertime, the Budget Committee, the affected Legislators within their districts and the Committees that were in charge of the various departments went out on-site to any proposed new capital expenditure so that everyone understood what it was that they were being asked to do, and therefore bond acts never had to be held up because the Legislators were well informed early on in the process. She suggested that this policy be reinstituted.

• Mr. Mosiello asked if the work to be done at the Penitentiary/Jail is a DPW project. Commissioner Landi explained that it was requested by the Department of Correction but the construction end of it falls under DPW.
• Mr. Mosiello asked why the project was being put off to the out-year and by doing so would it incur an increased cost. Ms. Tooher responded that the size, configuration and purpose of the building needs to be re-evaluated. Commissioner Lannert stated that the Planning Board is in full support of doing the study first.
• Ms. Tooher stated that an in-house evaluation was done but no study by an outside firm was done. Mrs. Swanson stated that she believed that an outside study was done previously. Ms. Tooher stated that perhaps a feasibility study was done and she would check on it.

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• Mr. Butler stated that back in 1988 when they were looking at the entire Department of Correction, a facilities guideline was done for the entire department and although it focused on the new jail facility, it did look at all the other buildings, including the Penitentiary. All the buildings were rated on efficiency both from a staffing and physical condition basis. That study was internally updated in 1993. That was the last "study" done on those facilities.

• Mrs. LaMotte stated that staff efficiency should be a part of the study.

• Elevator repair and rehab work to be done in the Courthouse was discussed. The remainder of the rehab work to be done will go through the lease agreement with the Dormitory Authority (will show in Operating Budget – DPW)
• The Committee requested a list of current projects (inclusive of elevator work) at the Courthouse.
• Commissioner Landi informed the Committee that the two projects being done at the Courthouse are elevator repair and sidewalk repair. There is some minor HVAC work being done, being charged to non-recurring.
• The Committee requested a list of the work being done and cost estimates.

• Yonkers Joint Treatment Plant – Odor Control – Additional Mitigation (SY4DB): The Commissioner assured the Committee that there is nothing else planned until the previous jobs are completed. If any additional work needs to be done it will come out of here.

12. CITIZEN COMMUNICATION: HON. PAUL FEINER: Dobbs Ferry Commuter Bus Line: Urging the County to restore the Dobbs Ferry Commuter Bus Line. (3/23/98) (Also referred to CA)

There being no further items for discussion, on motion of Legislator Young, seconded by Legislator Abinanti, the meeting was adjourned at 12:00 p.m.