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WPCNR COUNTY CLARION-LEDGER. From the Westchester County Board of Legislators. (EDITED) April 11,2012:
The Board of Legislators’ law that aimed to change the membership of the county’s Board of Acquisition and Contract was “not properly enacted” because of a “fatal flaw,” a judge said today.
The decision finds for the Astorino administration and the county attorney, which had argued that the law passed last December by the Democratic-controlled Board of Legislators was invalid.
In his ruling today, Acting State Supreme Court Justice Barry E. Warhit removed the temporary restraining order he had issued last month that prevented Public Works Commissioner Jay Pisco from serving on the A&C board. The judge said the legislators failed to publish the required legal notice about the law to give the public a chance to have a permissive referendum.
While the issues of the case have to be litigated further, the judge said that the legislators who brought the legal proceeding – Board Chairman Ken Jenkins and Legislators Peter Harckham and Lyndon Williams – “cannot meet their burden” to show they are likely to win on the merits of the case and that they are therefore not entitled to an injunction.
“The administration argued from the start that this law was not properly enacted,” said Ned McCormack, communications director and senior advisor. “If the legislators want to change the composition of the Board of Acquisition and Contract, they need to follow all legal procedures. The public is entitled to this.”
In his decision, the judge cleared the way for the A&C board to “resume meetings in accordance with the ordinary course of business.”

















