Westchester Legislators Chairman Jenkins Asks Again for Acting Commissioner Appointment

FOR IMMEDIATE RELEASE: March 7, 2013

Contact: Tom Staudter | ThomasS@westchesterlegislators.com | 914-995-2819 (office) | 914-815-4462 (cell)

Westchester Legislators Chairman Jenkins

Asks Again for Acting Commissioner Appointment

White Plains, NY – Westchester County Board of Legislators (BOL) Chairman Ken Jenkins (D-Yonkers) again asked County Executive Rob Astorino to submit legislation to the BOL appointing Jay T. Pisco as Acting Commissioner of the County’s Department of Public Works and Transportation (DPW&T) in time for consideration at the BOL’s next regular meeting on March 11.

Initially, Pisco’s appointment as Commissioner of DPW&T was turned down by the BOL in February 2012. Because the BOL voted not to refer his appointment, already back dated to January 23, 2012, to the BOL Committee on Appointments, he was not able to legally act as Commissioner or vote on County matters as specified by the position.

Section 110.21 of the County Charter explicitly states the Commissioner and Acting Commissioners need BOL approval before they can assume the duties of the office.

Jenkins noted that Pisco’s appointment failed because it did not follow the Charter process for recommendation of a Commissioner of Public Works and Transportation to the County Executive by the citizen oversight Board as required by the Laws of Westchester County.

The full text of Jenkins’s letter to Astorino regarding Pisco’s appointment, dated March 6, 2013, is below:

Hon. Robert P. Astorino

Westchester County Executive

Michaelian Office Building

148 Martine Avenue

White Plains, NY 10601

Dear County Executive Astorino:

Re: Appointment of Jay Pisco as Acting Commissioner of the Westchester County Department of Public Works & Transportation

As you know, in his decision in Jenkins v. Astorino, Index No.: 2584/12, dated February 25, 2013, the Hon. Barry Warhit, A.J.S.C., declined to issue a ruling concerning the status of Jay T. Pisco’s appointment and / or confirmation as Commissioner of the Westchester County Department of Public Works & Transportation (“DPW&T”). It remains the Westchester County Board of Legislator’s position that Mr. Pisco appointment as Commissioner of DPW&T was terminated by a vote of the County Board at its February 13, 2012 meeting.

The Laws of Westchester require approval of the Board of Legislators for both Commissioner and Acting Commissioner positions. As I suggested in April 2012, I encourage you to submit legislation to the County Board appointing Mr. Pisco as Acting Commissioner of DPW&T for its consideration in accordance with the Laws of Westchester County Section 110.21 at its next regularly scheduled meeting on March 11, 2013. I will submit the item directly to the floor for immediate consideration. This will clarify Mr. Pisco’s status.

If you have any questions, please feel free to contact me.

Thank you for your cooperation.

Sincerely,

Kenneth W. Jenkins

Chair, County Board of Legislators

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