Senator George Borrello recently attended a legislative briefing in support of a bipartisan initiative he cosponsors that would prevent policy proposals from being included in the budget, a practice which has generated significant criticism in recent years.

In the twenty-five years since the ruling in Silver v. Pataki, which gave the Governor of New York unprecedented power in the budget process, many legislators and good government groups have claimed the governor’s ability to include policy in the budget places excessive power in the hands of the Executive branch. They have cited the many negative impacts of this practice, including late budgets, vetoed bills, and compromised policy.

Senate Bill 2062 sponsored by Senator Fernandez would introduce transparency and resolve the balance of power between the executive and legislative branches by amending the state constitution to prohibit non-fiscal policies and programs from being included in the budget.

"Currently, the NYS Constitution allows the Governor to unilaterally insert non-budgetary policy in the state budget, which often includes the most controversial and politicized issues. The Legislature is then required to vote on the Governor's budget proposal as presented and cannot remove policies, regardless of whether or not they have any budgetary implications,” said Senator Nathalia Fernandez, 34th Senate District.

“S2062: Protect the People's Budget (PPB) Act would provide that the Governor's appropriations must be constrained by existing law and cannot modify existing law outside of monetary changes. The bill would restore the separation of powers necessary in our government by limiting the Governor's ability to legislate in the budget," said Senator Fernandez.

First introduced in 2018, the legislation has gained bipartisan support this year with Senators Borrello, Gallivan, Rivera, Salazar, Krueger, Ashby, Brouk, Cleare, Comrie, Gonzalez, Griffo, Helming, Jackson, May, Murray, Oberacker, Ramos, Rhoads, Sanders, Sepulveda, Stec, Tedisco, Walczyk, Webb, Weber, and Weik signing on as co-sponsors of the bill.

“I’ve always been opposed to including policy into the state budget. Policy in the budget prevents full review of controversial issues, provides political cover to legislators, and causes standoffs during the budget process resulting in late budgets,” said Sen. Borrello.

“I’m happy to be in support of this bipartisan initiative, that will restore the balance of power between both branches of government,” said Sen. Borrello. “This is legislation that is needed and long overdue. I thank my colleague Senator Fernandez for bringing this issue forward.”

The Genesee County Legislature is trying using Zoom for the first time to run one of its meetings to help with social distancing.

If there was some unexpected accident, such as the tower falling, the Town of Darien would face no liability whatsoever if somebody was hurt, Zambito said.

However, the town is holding up signing an agreement to accept emergency radios from the county in order to get the hold-harmless agreement.

"I'm not sure how the two are connected," Zambito told legislators during the Public Service Committee meeting Monday.

It's not the first time the Town of Darien's actions have had Zambito scratching his head. During construction, the town required the county to apply for a building permit, even though legally, the county didn't need a permit.

"In the end, rather than fight about it, I said, 'OK, apply for the building permit' and they immediately gave it to us," Zambito said.

The tower in Darien was built on property owned the Darien Volunteer Fire Department. The county provided the fire department with a hold-harmless agreement because if there was an accident, the fire department could have been sued without it.

That simply isn't the case with Darien, Zambito said, but town officials are insisting on an agreement anyway.

Zambito will draft an agreement and present to the Legislature at a future meeting.

Currently, state law requires notices be published only in printed newspapers.

The bills, 6058 by Assemblyman Steve Hawley, and 9075 by Assemblyman Kevin Cahill, would expand publishing options to online news sources that don't run printing presses.

We didn't report on this matter because I couldn't report on something I was participating in and we had no reporter available to cover it.

Long explanation for: here's the unofficial (meaning, not yet approved) wording prepared by the recording secretary that day, Sarah Kingdon, to serve as a report on the meeting.

Batavian Publisher Howard Owens was present to seek support for Assembly Bill 6058 and Assembly Bill 8075 which would give public agencies the option to place legal notices with either print publications or online news publications. This act would amend the general construction law, in relation to allowing for online publication of public notices. Mr. Owens feels that public notices should be easily accessible by a broad range of members of the public, and online is now a more common source for news than newspapers. He also feels this will offer greater options for archiving and searching of data. Legislator Cianfrini asked if this would be more cost effective. Mr. Owens responded that there is potentially a cost savings, and that he feels an RFP process should be done so that the County can get the best price from local news media. After a discussion of the committee it was decided that Chair Hancock will compose a general letter of support which she will distribute to the Committee for their approval prior to sending to State Officials for support. This was approved upon motion of Legislator Cianfrini seconded by Legislator Leadley.

With its 2012 legislature, Genesee County has made history -- maybe ... probably.

In all likelihood, Genesee County has the first legislature in New York State history with a female majority.

The historical record is hard to nail down, according Mark LaVigne, deputy director of the NYS Association of Counties, but a check he conducted with all the other counties turned up none willing to dispute the claim.

He discovered Otsego County has more women on its legislature -- seven, but also has seven men, and Sallie Brothers in St. Lawrence County is the only woman on a board otherwise comprised of 14 men.

In the absense of any evidence otherwise, then, it seems reasonably certain that 92 years after women won the right to vote they claimed the majority of a legislature in New York for the first time in one of the state's most conservative counties.

"I think it’s excting," said Marianne Clattenburg, serving her first term on the legislature. "It’s a testament to the good job that the women who are here have been doing. The fact that women continue to get elected is exciting. I look forward to working with the women and all the member of the legislature."

Chairwoman Mary Pat Hancock called the legislature a "magical nine" and said she is proud to serve with all the members.

"What’s exciting to me is to lead a legislature of nine interested, educated people who really want to dedicate their time to the job and are willing to cooperate and willing to work together," Hancock said.

Reminded that he is now part of a historic minority, first-time Legislator Frank Ferrando laughed and then said he admired the women elected to the board.

"It’s just great just being a part of the legislature," Ferrando said. "We’ve got some real key people, some leaders who are women. It’s great working with them."

Esther Leadley agreed a female majority is historic, but also appropriate when a majority of registered voters are women.

"I'm proud of Genesee County," Leadley said. "You know I am. I speak out about how proud I am of Genesee County whenever I can."

Photo: From left, Shelly Stein, Annie Lawrence, Mary Pat Hancock, Esther Leadley and Marianne Clattenburg.

Importance of Medicaid Petition Drive. Why should Geneseeans Care?

$9.2 million six years ago was the amount Genesee County was spending for Medicaid. 50% of the total program cost is the responsibility of the taxpayer in New York State which is the same in most of the other 49 States. New York State has the 57 New York counties paying a share of this Medicaid Bill each week which in 2012 equals about 18.5% of that 50% state share.

Six years later, $9.8 million is the dollar amount representing 18.5 cents of every dollar spent for Medicaid that Genesee County taxpayers must fund in the 2012 budget year.

Approximately 7,200 individuals are enrolled in Medicaid in Genesee County. In 2014, the Federal Health Statute (Affordable Care Act) is mandating states to select a health care program for those particular state residents in need of health coverage and eligible to enroll. In New York state the choice has been made, Medicaid will be the primary payor. 

Current estimates that there are 5,000 additional county residents eligible for this proposed/expanded Medicaid program. This means an additional 69% increase in Medicaid funding, or in 2012 dollars would mean $6.30 per thousand just to pay the county’s 18.5% of this unfunded mandate.

This is a call to be answered by Genesee County and all New York State residents that have concern to be proactive with their county’s Medicaid petition drive.

Blank petitions are available at your town and village offices and once you have obtained signatures return to your town or village hall or local library. Petitions may also be sent to county residents electronically by contacting the Clerk of the Genesee County Legislature, Carolyn Pratt, 344-2550, ext. 2202, cpratt@co.genesee.ny.us

County delegates from across the state recently elected the Chair of the Genesee County Legislature Mary Pat Hancock to serve as president of the New York State Association of Counties (NYSAC) during their annual meeting.

“Chairwoman Hancock has proven to be a wise voice on the NYSAC board and a committed advocate for counties. We are pleased our members have elected her to serve in this leadership capacity,” said NYSAC Immediate Past President William Ryan, a Westchester County legislator.

“I am honored to serve as president and to continue the work which is necessary to address the serious challenges we face,” said the Honorable Hancock. “Implementing an effective property tax cap, redesigning Medicaid and improving the process for State reimbursement to counties for delivering state services locally will be our top priorities.”

Hancock has served on the Governor’s Task Force on Local Government Reform, and is a 2002 recipient of the New York State Senate Women of Distinction Award. She currently serves on the Genesee Finger Lakes Regional Planning Council and is chair of the Genesee Transportation Council.

“New York county leaders are facing unprecedented challenges in governing and we are fortunate to have Mary Pat Hancock of Genesee County to dedicate her talent, passion and commitment in a leadership position,” said NYSAC Executive Director Stephen Acquario.

The New York State Association of Counties is a bipartisan municipal association serving all 62 counties of New York State, including the City of New York. Organized in 1925, NYSAC’s mission is to represent, educate and advocate for member counties and the thousands of elected and appointed county officials who serve the public.

Top on the agenda is what becomes of Genesee Justice.

County Manager Jay Gsell's preliminary budget called for eliminating seven Genesee Justice jobs and creating three new staff positions in the Probation Department, with probation taking over most of the pioneering restorative justice program's functions.

All of the county's top justice system experts -- including District Attorney Lawrence Friedman, Sheriff Gary Maha and Public Defender Gary Horton (inset picture) -- have lobbied to save Genesee Justice.

The experts say Genesee Justice has saved the county millions of dollars because many people who might otherwise be incarcerated are carefully supervised by Genesee Justice. The loss of Genesee Justice could mean that in a few years Genesee County will need to build a new jail at a cost of up to $30 million.

County officials, however, say these are dire economic times and costs need to be cut and taxes can't be raised. The county needs to trim about $7.5 million from its initial spending plan for 2011.

For years, Genesee Justice was funded entirely by grants, but over the years some those grants have dried up and local taxpayers must pick up about $237,000 of the operational costs of Genesee Justice.

Gsell plans to save that money, figuring that probation can assume the key functions of Genesee Justice.

"We know what services Genesee Justice delivers and we know how it is delivered," Gsell said for a previous story. "What we're looking at is how can we deliver that same level of service to the community through the Probation Department."

Julie Smith, probation director, said her department can assume the services and still help keep down the population level of the jail.

For example, Smith said, probation handled the release-under-supervision program for 26 years before handing it off to Genesee Justice in 2006.

Maha warned, however, that in neighboring counties, where there are no programs like Genesee Justice, the counties struggle with their jail populations.

"If the jail population increases, the State Commission of Correction will come down and tell us to do something about our increased population -- like build a new jail or put on an addition," Maha said. "We'll be like our neighbors to our south who had to build a jail addition to address their jail population."

Besides Genesee Justice, the legislature needs to decide what to do with the Soil and Water Conservation District, which is facing a 15-percent expense cut.

The cut, local farm leaders say, could end many vital services Soil and Water provides to farmers, helping keep them in business in a tough economic and regulatory environment.

"(The cut) would be a real detriment to the agriculture industry in Genesee County," said Brad Rodgers, chairman of the Soil and Water board of directors. "Even level funding would hurt us."

Scott Page, president of the Genesee County Farm Bureau, believes keeping Soil and Water is critical to protecting Genesee County's economic base.

"If we hurt ag, we miss an opportunity to move forward," said Page. "The more we build off our agricultural base, the better the local economy will do."

The conference meeting at 4 p.m. Wednesday will not include a public comment period, but the session at the Old Courthouse is open to the public.

Following the conference meeting, the Ways and Means Committee will convene. Final budget amendments will be voted at that time, which are recommendations for the full legislature to consider. The full legislature will vote on the final 2011 county budget Dec. 8.

One of the criteria in Obama's "Race to the Top" competition is a commitment to increasing the number of a state's charter schools. That’s the biggest obstacle the New York Legislature faces in coming up with a winning application.

The state is heading toward a legislative package that increases the cap on charter schools from 200 to 400, but also makes it much harder to get a charter school approved. The Legislature refused to act last night on a compromise bill offered by Gov. David Paterson that would have made another 200 charter schools more likely.

Critics of the legislation – such as New York City Mayor Mike Bloomberg – have blasted the Legislature for risking New York’s chance at hitting a $700 million jackpot.

Batavia City School District Superintendent Margaret Puzio is not among the critics.

First, she said, charter schools are just one of the criteria in the competition; second, charter schools are not necessarily a great thing for education.

“States may loose points (for not increasing the number of charter schools), but the bigger question is what has the state done in the past and what is it doing in the future to improve failing schools,” Puzio said. "If we have really effective public schools, we would have less need for 400 charter schools."

Charter schools, Puzio indicated, actually detract from the ability of public schools to improve.

“Charter schools are very controversial,” Puzio said. “People say that public schools are a monopoly, that they are controlled by the teachers' union, that they can’t be truly innovative. That’s just not true.”

There have been no attempts to start a charter school in Genesee County, at least as far as Puzio knows, and she's been in the area since 2002.

If there were such a school in the county, it might draw students from not only Batavia, but Elba, Pavilion, Corfu or any part of the county, and the federal dollars for each of those students would follow the students, Puzio said.

That puts public school districts at a disadvantage, Puzio said, because charter schools can be selective in their admission criteria while public schools must take all students.

“Unless they are held to the same standards, it seems unfair to take funds from public schools and give them to charter schools,” Puzio said.

The lack of interest in charter schools in Genesee County is one of the things that indicates local residents are largely satisfied with the quality of the area's public schools, Puzio said.

"My general takeaway is that what happens with school budget votes and what we see in surveys is that the people of Genesee County find our public schools are very responsive to their needs," Puzio said.

Steve Ferry, a Darien Town Council member, made his case tonight that Genesee County Legislator should serve staggered four-year terms rather two-year terms with all nine seats up for election in the same year.

Legislators seemed inclined to favor the idea, but bristled at the idea that the Legislator could enact a change without proper study and community committee meetings.

At the end of the meeting, Ferry told the legislators that they are leaders and should lead.

"You are elected officials, public servants, and if serving the public means putting it on the ballot, then do it," Ferry said.

Ferry's position is that the current two-year system is a disincentive for people to get involved in the local policy decisions and that too many legislative seats draw only a single candidate each election cycle.

"It seem ridiculous to have a legislative board having all nine people up for election at the same time," Ferry said.

Legislators, by and large, rejected the notion that there isn't enough public involvement in the county government.

"One reason we don’t have a lot of people involved is this is a well run county and we don’t have a lot of controversy in the county," said Legislator John J. Hodgins.