NYSAC - New York State Association of Counties

NYSAC Weekly Wire

Re-caps the week's events, legislative action, and other news that impact county government.

March 6, 2009

Alarming Job Losses Signal Need for Action
Unemployment numbers released by the State Labor Department this week are a stark indication of our struggling economy and one more sign of the need to use this crisis as an opportunity to make reforms that will strengthen New York’s future.

Today NYSAC released its Economy Watch for March, which provides the latest State employment, housing, consumer confidence and manufacturing data, with comparisons to the previous year’s information. According to the report, 19 counties have unemployment rates of 10% or higher, with 20 additional counties exceeding the National rate of 8.5%, not seasonally adjusted.

“While New York State was slower than others to come into this recession, it is clear from these numbers that we are in the thick of it now,” said NYSAC President Sarah Purdy. “The loss of 125,000 private sector jobs since the beginning of last year is an alarm that must be heeded. The federal stimulus funds flowing into New York are will enable us to assist individuals and families who are most in need, but we still need to make the difficult decisions to set us on the right path.

“It is time for State and local leaders to work together to use the federal stimulus funds to help create jobs and jump start the state’s economy," said Purdy.

The one page document is being sent to county and state leaders, with more detailed county-by-county data available from the official NYSAC website at www.nysac.org.

“It is time to turn this ship of state in a different direction,” said NYSAC Executive Director Stephen J. Acquario. “We need to examine our public policy habits that have caused decades of overspending, overtaxing, over-regulating and over-mandating. If our counties and our communities are going to grow again, we must fundamentally change the way the state operates. We need to address our competitive disadvantages which will hinder our economic recovery through growth of new business. County leaders recognize the most critical component of a successful recovery is to retain and create jobs.” (Jeff Osinski)

Federal Medicaid Increase to Help Counties Help NYers Weather Recession
Counties across the state are poised to receive close to $2 billion over the next two years in increased Medicaid funds through the American Recovery and Reinvestment Act, according to an announcement made this week by Governor David Paterson and Legislative Leaders.

Federal funds will be used to defray the county share of the State’s Medicaid program. Medicaid is the single largest mandated program in county budgets. It represents $7 billion annually for counties across the state, including New York City.

“These federal stimulus funds represent a lifeline to counties, which are seeing a dramatic increase in demand for health and human services at a time when we are expecting State budget cuts and lagging sales tax revenues,” said Sarah Purdy. “We need every dime possible of federal assistance to continue to serve those who are most vulnerable during this economic crisis without having to turn to our property taxpayers, who are struggling to survive this recession themselves.”

The FMAP increase is designed to be a temporary two year program that will lower the states share of Medicaid costs. In negotiations over the Federal stimulus bill, Senator Charles Schumer made certain that the additional Federal Medicaid funding in the bill would be targeted to counties, which fund a significant share of the Medicaid, according to NYSAC. (Ken Crannell)

Stimulus Funding Starts to Flow to Local Workforce Areas for WIA
The New York State Department of Labor has issued official allocation amounts for the Workforce Investment Act stimulus funds. $130 million in WIA stimulus funds will be distributed to Local Workforce Investment Areas in New York State. To see how much each Local Workforce Investment Area will receive, go to the NYSAC website at www.nysac.org.

The United States Department of Labor will be issuing guidance in mid-March on the use of WIA stimulus funds, particularly the summer youth employment program. (Isabelle Andrews)

Governor creates task force on public retiree health benefits
Fulfilling a promise made in a veto message last year, Governor Paterson this week issued Executive Order 15 on Thursday, establishing the New York State Task Force on Public Retiree Health Benefits.

The group is charged with gathering information on benefits received by public retirees and exploring ways to improve the current system of public retiree health benefits while maintaining quality and affordable health coverage for public retirees and limiting government healthcare costs. The Task Force will be chaired Richard A. Berman, former director of the New York State Office of Health Systems Management under Governor Hugh Carey.

The task force will submit recommendations to the Governor on or before June 1, 2009, or at a later date if selected by a majority of the Task Force. (Pete Savage)

Counties Support Re-Authorization of IDA Civic Financing Authority
County officials were among those who testified today at an Assembly public hearing on Industrial Development Agencies (IDAs) in Albany. Their message was to lawmakers: “please re-authorize IDAs’ ability to finance civic facility construction as a way to put people to work and stimulate local economies.”

“Our county leaders need every tool in their economic development toolbox to promote growth and prosperity in their communities, and every day of this recession that goes by without this tool is a lost opportunity,” said NYSAC Executive Director Stephen J. Acquario.

In 1986 the State Legislature enacted amendments to the general municipal law, authorizing county-wide IDAs to use their tax exempt authority to finance construction of civic facilities including not-for-profit hospitals, continuing care residential facilities for the elderly, and college dormitories. State lawmakers let the law sunset on 1, 2008, causing nearly $2.5 billion in construction and expansion projects to be held up by inaction.

For a copy of NYSAC’s resolution on IDAs, click here. (Ken Crannell)

Albany Court Decision on Sex Offender Residency Tests Local Law
A recent decision by an Albany City Court Judge holds that the regulation and management of sex offenders (including sex offender residency restrictions) is the exclusive province of the State. 

An Albany County Defendant was charged on May 6, 2008 with a violation of an Albany County Law that establishes residency restrictions for convicted sex offenders. The law came into effect September 1, 2006.

The Defendant sought to have his charge dismissed as it was his belief that the Albany County Local Law was preempted by New York State law. The New York Constitution empowers municipalities to make local laws “not inconsistent with the provisions of this constitution or any general law” (NY Const. Art. 9, Section 2(c)). The part of the Albany County Local Law no. 8 in question was Section 3, which reads: “A sex offender as herein defined shall not reside within one thousand feet of the real property compromising a public or nonpublic elementary school or secondary school or a child care facility.” 

The City Court held that, based upon the preamble of the Sex Offender Registration Act and other state laws, the State Legislature’s intent was to provide a comprehensive and evolving regulation over the lives of convicted sex offenders. The Court looked at Penal Law section 65.10 (4-a) as already establishing a de facto residency restriction by prohibiting certain sex offenders from knowingly “entering into or upon” 1,000 feet of “school grounds: or any other facility used for the care of children under the age of 18.”

In addition the court looked at Executive Law sections 259 (5) and 243 (4) and also Social Services Law section 20 (8)(a) to show that the placement of sex offenders is statutorily vested, by the State, with the division of Parole, the Division of Probation and the Office of Temporary and Disability Assistance. The Court determined that these government agencies could find it entirely possible for the most appropriate residence of a sex offender to be within an area which Local Law No.8 prohibits. Therefore this law had the potential to frustrate State policy and law. The City Court refused to give the Albany County Local Law effect.

See, People v. Blair, Albany City Court, Decision/Order File# 08-186882 (Robert W. Gibbon, Esq.) 

43rd Annual County Finance School Promises a Fiscal First Aid Program
The 43rd Annual County Finance School, scheduled from May 6-8 in Syracuse, co-sponsored by NYSAC, the New York State County Treasurers and Finance Officers Association and the Office of the State Comptroller. This year’s theme is Fiscal First Aid and it will include timely information sessions for county finance directors, treasurers, administrators and budget analysts.

For registration information, click here or visit the conference section of our website.

Next Week

• The Senate and Assembly are scheduled to be in Albany for Legislative Session from Monday, March 9th to Thursday, March 12th.
• Governor Paterson will hold Town Hall Meetings in Monroe County at the Rochester Riverside Convention Center’s Lilac Ballroom on Wednesday, March 11th and in Livingston County on Thursday, March 12th.