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Legislator Day Introduces Legislation Establishing Term Limits in Rockland County
New City, NY (February 3rd, 2011) – Rockland County Legislator Ed Day has introduced legislation designed to establish term limits for the County Executive and Legislators. If enacted, present and future elected officials holding these offices would have eligibility for only three (3) full term elections.
 “While I believe we are blessed with a ballot box that expresses the will of the people with respect to our elected officials, it is clear to me that establishing term limits is supported by an overwhelming majority of the people as an additional check and balance to governance”, said Legislator Day, adding that “the institution of term limits provides for that check against entrenched interests gaining an overwhelming edge in the people's government; affords additional chances for fresh perspectives; and more to the point, promotes a level playing field for newcomers to serve the public.”
At present, fifteen states have put legal restrictions on the number of terms an elected official may serve, and while many believe term limits to be a revolutionary new idea, the fact is it is one of the oldest traditions of the American political culture, with roots deep in the colonial era. Legislator Day said “Back then, they called it ‘rotation in office’, and nobody batted an eye when Thomas Jefferson proposed term limiting members of the Continental Congress. In fact, it was not until the New Deal era and thereafter that it became routine for congresspersons to stay in Washington year after year after year. And of course, the highest office in the country – the presidency – has been subject to term limits since 1951 by virtue of the 22nd Amendment of our U.S. Constitution.
This legislation will be heard at an upcoming meeting of the Special Committee on Rules.“My legislation is reflective of my core belief of true citizen representation in a manner I believe was envisioned by our Founding Fathers; citizen public servants, not career politicians, who would go forth to serve their neighbors and their Country for a limited time only, then afford other dedicated and like minded citizens a fair opportunity to do the same”, concluded Legislator Day.
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LEGISLATORS DAY AND JOBSON INTRODUCE LEGISLATION TO CAP COUNTY SPENDING ON PUBLICLY FUNDED ARTWORK

New City, NY (May 8th, 2006) – Legislators Ed Day (New City-Haverstraw) and Doug Jobson (Stony Point-Haverstraw-Ramapo) today introduced legislation that would amend Local Law and establish a reasonable spending cap for artwork financed by the Arts in Public Places law. (THIS BILL DIED IN COMMITTEE IN JUNE, 2006 AND HAS BEEN RE-INTRODUCED ON NOVEMBER 17, 2009)

Legislator Day said “Government should respect the same realities that our families face, and should not automatically increase spending based on a percentage of a project’s cost.” He added that “While we in government can certainly respect and cultivate the need and desire for art in the public view, we also need to understand that the people’s ability to fund such projects also requires the same respect.”

Local Law #6 was enacted in 1986, and provides that capital projects shall include the appropriation of funds equal to 1% of the cost of the project for the first $15,000,000 appropriated. Legislators Day and Jobson both noted that provides for a maximum of $150,000 in funds, which they believe to be “well beyond both need and the realities our constituents face in their daily lives. Simply put, it is a lot of money”.

The legislators’ amendment would maintain the percentage in order to protect smaller projects, but establish a $75,000 cap regardless of the scope of the undertaking. They pointed out that construction costs have gone up over the last twenty years, and to establish reasonable limits on ancillary costs makes sense, given the increases in the family budgets many are feeling right now.

“Like our constituents, while we cannot control certain costs such as gas, utility, interest rates, and insurance, which makes it all the more critical to control the costs that we can”, said Legislator Day.

The proposal also allows for the utilization of additional funds to enhance the surrounding area around the site. The legislators feel that it is illogical to create a beautiful work of art, and then site it where obvious needs, for whatever reason, are not tended to. Legislators Day and Jobson pointed to parks and playgrounds as examples, and noted that three Rockland public playgrounds were cited in a recent report by NYPIRG as being unsafe and dangerous for our children.

Legislator Jobson said “This is a small, reasonable step to have monies available for obvious need. County government can use these funds for something that will enhance the beauty of the site beyond the immediate work of art.” Legislator Day added that “Having a broader view of the project, regardless of what level of government funds it, recognizes that ‘public art’ can also be ‘living art’, and the community we serve benefits from that concept.”

The amendment will be submitted to the appropriate committee for consideration, and both legislators are hopeful that it can then be brought to the full legislature for public comment.

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Legislation Initiating the Process of Rockland’s Withdrawal from the MTA Scheduled for Hearing
New City, NY (May 6th,2009) – Legislation submitted in January by Rockland County Legislator Edwin Day (New City-Haverstraw), Minority Leader, is scheduled to be reviewed at the May 13th meeting of the Legislature’s Economic Development Committee, and will commence the process that will enable Rockland County to withdraw from the Metropolitan Transit Authority (MTA).
Legislator Day first questioned the rationale for involvement with the MTA during his freshman year in the legislature in 2006. As the Minority Leader, he presented as part of the 2008 Minority platform an effort to quantify the value of the MTA to Rockland residents, with that effort falling short largely due to a lack of input by anyone outside of the legislature. The formal intention to withdraw was announced as part of the Minority legislative address this past February, and with the overwhelming financial impact of a pending MTA rescue plan looming over the past few days, the Legislature introduced and unanimously passed an emergency resolution last night that authorized the County to request from the State a withdrawal from the MTA.
“It is clear that the tentative rescue plan agreement reached in the State Senate earlier this week is not beneficial to Rockland County and would have a deleterious affect to county taxpayers and businesses” said Legislator Day. The tentative plan includes increases to motor vehicle registration fees, driver’s license fees and a controversial Mobility Tax of 34 cents per every $100 of payroll in Rockland, including all levels of government, business, and even not for profit organizations. All of these costs will be passed along in one form or another to local taxpayers. “The proposed plan also purports to spare the school systems from this tax, but in truth the alleged ‘reimbursement’ will come from taxpayers from another, yet to be announced revenue source”, said Legislator Day, adding that “This is no more than a shell game that I hold hope out our state legislators do not fall for.”
Legislator Day added that “It is my consistent belief that our involvement with the MTA, which I have called a ‘Consortium of Inequity’, had questionable merit to begin with. The Mobility Payroll Tax is the last straw. That tax alone has the potential of adding 8 to 10% to the cost of living here in Rockland County, and given these turbulent economic times, could be the final nail in our economic coffin”.
The meeting of the Legislature’s Economic Development Committee will take place on Wednesday, May 13, 2009 at 5:15 PM in the Legislative Chambers 11 New Hempstead Road, New City. Representatives from the MTA, County Transportation and Finance, Rockland Business Association, and a number of not-for-profit agencies have been invited. All residents and other interested parties are encouraged to attend.
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Legislator Restates Need for Audit of County Government
  New City, NY (January 6, 2011**) – In light of  the news that Rockland County’s bond rating was lowered by Moody’s Investors Service,  Rockland Legislator Ed Day renewed his request for a full audit of county government by the Office of the NYS Comptroller. Moody’s, a bond ratings service, lowered Rockland County’s rating by one rank to A1, its fifth-highest rank.  Moody’s report stated that they believed “the county’s financial position is likely to continue to deteriorate over the near term.”
  At the time of his request, made in November, Day stated, “We need outside help, and that help has to have some teeth. An audit by the State Comptroller will provide that, and also give us real time information on the fiscal progress of our county, going forward into this defining year. I see this process as providing a transparent path to fiscal stability, ensuring the integrity of our bond ratings, and hopefully preventing the need for a financial control board being imposed upon Rockland County.”Pursuant to the State Constitution, the State Comptroller has the responsibility to oversee the fiscal affairs of local government. Audits may be requested by local officials, and includes ensuring local governments obtain and use public resources properly; assesses programs efficiency and identifies cost savings; and examines information contained within preliminary budget to determine if it is supported and estimates are reasonable and truly balanced.

“While I take no solace in this assessment by Moody’s,” Day said, “this event crystallizes the need for the full audit by the State Comptroller. I see that action as key to giving us a fighting chance in getting on the road to fiscal stability. We all need to recognize that there are no more tomorrows; time has run out; and we need to avoid further downgrades that will devastate our economy and lead to the unthinkable; a financial control board being imposed by the State upon our County.”

                                                                         **5 DAYS LATER, THE NYS COMPTROLLER AGREED TO DO THE AUDIT

Day Delivers Annual Legislative Minority Address
 
Calls for Zero Based Budgeting; Withdrawal from the MTA; Summit Park Hearings
 
New City, NY (February 4th, 2009) – Legislator Ed Day, the Rockland County Legislative Minority Leader, (New City-Haverstraw) presented the annual report of the Minority members of the Rockland County legislature at the Feb. 3rd regular meeting of the full legislature. During his fifteen minute public presentation, which was very well received by the approximately fifty members of the public who were in attendance, Legislator Day focused on a number of current issues, and called for a concerted effort to “permanently change the way we in Rockland government do business from here on in”.
 
Legislator Day reminded those in attendance that during last years’ address, the Minority presented compelling information indicating a pending economic crisis, and then urged government to move quickly to minimize the impact. “We lost the one thing we could not afford to lose; valuable time”, he said. He urged the Legislature and the Executive branch to “give more heed to our words tonight”, and called for the immediate implementation of zero based budgeting for both the coming fiscal year and as a matter of policy from here on in. “After seeing County departments by and large simply increasing their budget lines by an average of 4% last year, we need to the process start at zero and justify each and every dollar requested”, said Legislator Day.
 
He spoke of the unique mission of government that includes bringing public safety, education, human care, and valuable programs, emphasizing that the good things government does cannot distract from a responsibility to be “stewards and exacting caretakers” of the funds we collect from people. Legislator Day added that “We cannot be betrayed by inefficiency, waste, lack of forward thinking, or an attitude that the more we spend, the better everything will magically be.”
 
Legislator Day announced pending legislation to withdraw from the MTA, citing the County Executive’s assessment that Rockland taxpayers are paying $40 million dollars over and above what we receive in value now, and should the “Mobility Tax”, a payroll tax proposed by the MTA be enacted, that would drive up costs of goods, services, and all property taxes. It would be levied on each level of government, very school district, all businesses, and even not for profits, thus driving the “value gap” to $100 million dollars per year. The MTA has also announced fare increases ranging from 33% to 75%, and service cuts that include their recently established and much publicized weekend service on the Pascack line.
 
Noting that the present “value gap” equals nearly two thirds of all County property tax collected, and with the potential that number could become nearly double the amount of County property taxes, Legislator Day added that “This has gone from a bad deal to sheer madness, and we need to engage in our own ‘Rockland brand’ of ‘mobility’ by walking away.”
 
Saying that “Government is measured by how we care for the less fortunate and helpless among us”, Legislator Day stated that it was the position of the Minority that committee meetings be held to get to the bottom of the circumstances surrounding the tragic death at Summit Park Hospital, where last September 7th, an elderly nun succumbed to injuries suffered when a closet fell on her a week earlier. Reports in the media indicated that this was the third such similar incident, and fines have already been levied against the County. Legislator Day said that “we have an absolute right, indeed a solemn duty, to know exactly what occurred and to ensure that the issues cited by the State have been fully remediated. 
 
Legislator Day detailed an aggressive legislative agenda for the Minority, including a number of health, cost containment, safety, and youth protection initiatives. He pledged that the Minority would work with their colleagues in the Legislature and the Executive branch as the Legislature’s “loyal opposition”, never losing sight of the fact that “now more than ever, we all need to put people over politics”.
 
He closed his comments urging citizens be “active participants in the process” and with a tribute to the men and women who serve in the armed forces. While acknowledging the many people who contribute of themselves to the Rockland community, Legislator Day said that “It is these warriors who serve with one noble purpose; to allow all of us to gather and debate in chambers such as these across this great country.”
 
The full text of the Minority Address is posted on the County Legislative website at http://www.co.rockland.ny.us/Legislature/BioDay.htm
 
                                              

COMMUNITY VIEW       JOURNAL NEWS
November 11, 2008

BLAME FOR SEX OFFENDER's $661K BILL GOES BEYOND 'SAFETY ZONE' LAW

Edwin J. Day
November 11, 2008

Re "Sex offender's upkeep: $661G and counting," an Oct. 26 article that reported taxpayers were footing the bill since April for a sex offender to live at the county's Summit Park hospital, because the man has been unable to find appropriate housing.

As the legislator who sponsored Rockland's Pedophile Free Child Safety Zone Act, I am compelled to clarify the reported misinformation by county officials and other sources.

Some in the article blame the safety zone law for keeping Level 3 sex offender Christopher Palma in Summit Park hospital for months, costing taxpayers hundreds of thousands of dollars. The law is not at fault; it is the lack of management by the county government and probation department that has let Palma stay at Summit Park instead of finding proper housing. The 2007 county law bans Level 2 and Level 3 sex offenders from living within 1,000 feet of a school, park, day care center or other facility dealing with children.

Such legal buffers allow law enforcement to intercede before a crime is committed upon a child. It seemed incongruous to me that, prior to the law, a predatory sex offender had every right to lurk about, work, or reside near places where our children congregate, while a police officer who knows who he is had absolutely no authority to challenge him.

Some have objected to the law, citing "state statistics" claiming sex offenders have the lowest rate of recidivism. That "study" was a three-year snapshot that ran counter to all evidence within the law enforcement community. In-depth, 15- to 25-year studies show a typical 25 percent rate of return to prison for such offenders within seven years, and a 70 percent rate of eventual re-incarceration. Those studies reflect the reality I have seen as a law enforcement professional trained in disciplines that include sex crimes and child-abuse investigations.

In the Oct. 26 article, Palma contends there is no appropriate housing for him because of the safety zone law. Housing for sex offenders does exist, as witnessed by the notices parents get from the schools when an offender moves into our community; offenders can move out of Rockland anytime; and Level 3 Sex offenders are monitored for life.

While most cases of child sex abuse involve someone the victim knows, we cannot ignore recent incidents of sexual assault, including a 14-year-old boy abducted near a library in New Rochelle; a reported assault two 15-year-old girls coming home from school in Port Orchard; and a reported attack of an 11-year-old boy coming off a playground in Middletown. Shouldn't police be empowered to intercede before a tragedy occurs?

We need this law because the system is failing. Rockland Probation Officer Jennifer Williams, who supervises released sex offenders, has stated even before the law, she made sure sex offenders didn't live near places such as schools and active parks. Maybe Ms. Williams can explain exactly how Palma was able to move only 700 feet away from and right down the street from Franklin Elementary School last spring.

Who caught this? The school PTA! They contacted the Orangetown Police, who advised Palma he was in violation of the new law and had to find other accommodations.

Palma then voluntarily entered Summit Park's in-patient crisis unit. Two weeks later, when doctors cleared him for release, he reported having nowhere to go that would comply with the safety zone. So he remained, and our county embarked on an expensive, handsitting exercise.

County Executive C. Scott Vanderhoef says that the law provides a "false sense of security." Having taught children for years on how to protect themselves from abuse, I find that personally insulting and simplistic. Mr. Vanderhoef is ill-equipped to make that observation, either through experience or training.

Here are the real questions: Why was Palma admitted to Summit Park? Was the process competent? Who is responsible here? Would it not make more sense to get these answers early instead of watching the bills pile up? Why was no alternative housing found? How did he move near a school in the first place?

Mr. Vanderhoef, the day-to-day manager of government, should focus on a process that put a pedophile ahead of law-abiding taxpayers here in Rockland. This cost results not from the statute that empowers our cops to intercede in protection of our children, but rather from inept Probation Department oversight and lax attention to what's going on at the hospital.

Finally, there is no substitute for our children having the educational tools that helps prevent them from becoming victims, and I urge parents to teach their children these skills to help keep them safe.

The writer is Rockland County legislator, representing District 5, and Minority Leader of the County Legislature. He is a retired New York City Police Detective Commander and Baltimore Police Chief of Detectives.

LEGISLATORS DAY AND JOBSON SUBMIT LEGISLATION SUPPORTING PROOF OF LEGAL RESIDENCE IN THE UNITED STATES FOR LICENSING BY THE DEPARTMENT OF MOTOR VEHICLES
 
New City, NY (October 19th, 2007) – Legislators Ed Day (New City-Haverstraw) and Doug Jobson (Stony Point), today submitted local legislation in support of New York State Senate bill S6484, which would strengthen the existing requirements for obtaining driver’s licenses and non-driver identification cards.
 
“Recent directives by Governor Spitzer that will now allow persons who are here illegally in this country to become licensed by the State Department of Motor Vehicles are simply wrong and completely ill advised from a security perspective. As a law enforcement and security expert, I resent this policy being peddled as some sort of safety initiative”, said Legislator Day, a security consultant who has served in command positions with the New York and Baltimore City Police Departments.
 
Last month, Governor Spitzer announced he directed the Department of Motor Vehicles to commence the licensing of undocumented immigrants, along with an estimate of up to one million people being eligible. To accomplish this, he is suspending existing administrative policy and contradicting existing VTL statute that requires applicants to have either a social security number or proof of ineligibility from the Social Security Administration. The critical issue of exactly how someone’s actual identity can be verified by DMV was initially referred to as a “6 point test”, but with no accompanying specifics announced.
 
Legislator Day said “Subsequent assurances of utilizing yet to be obtained technology depicted by one county clerk as a ‘magic box from Albany’ is cold comfort indeed, considering Spitzer’s policy becomes effective in only six weeks; letters have already gone out to over 150,000 people whose identity is in question; and not one employee in the DMV has either seen nor been trained in any of this supposed technology or document verification.”
 
The Senate Bill is a direct response to Governor Spitzer’s plan and a DMV report showing an increase in the number of cases of illegal aliens fraudulently obtaining and using state driver’s licenses. The legislation, which complies with the Federal REAL ID Act, would require proof of authorized presence in the United States, and specifically lists a number of ways that citizens and non-citizens alike can obtain both permanent and temporary driver’s licenses and non-driver identification cards.
 
Legislator Jobson said “It is unfortunate that common sense needs to be legislated here”, adding that “this bill will strengthen the rules and have absolutely no negative effect on those who do things lawfully, and will also make for a more secure identification system.”
 
Both legislators also pointed to the ease in which people who are here in this country illegally will be able to use these new licenses to register to vote. The current voter registration form relies on either a driver’s license or the last four digits of an applicant’s social security number.
 
“Why, particularly after the personal impact of “9-11” on the people of New York, the Governor would embark on a policy that is directly contrary to the Federal REAL ID Act is beyond belief”, concluded Legislator Day, adding that “We should be looking at truly enhancing security, not compromising it in the name of political correctness.”
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County Legislature OKs Limits On Funeral Protests

Authorizes an enforceable buffer zone of up to 750 feet one hour before, after and during funeral related events

 New City Patch – August 3rd, 2011 – Kim Tran

Back in March, Rockland County Legislature member Ed Day, R-New City, called for county legislation that would create "legal, enforceable buffers" from military funerals being conducted on county property with hopes of expanding it to cover all funerals conducted within Rockland County.

This was a week after the U.S. Supreme Court upheld the right of the Westboro Baptist Church of Topeka, KAN, to picket military funerals, which the group has done for years to draw attention to the views of its members that U.S. deaths in Afghanistan and Iraq are God's punishment for the nation's tolerance of homosexuality.

Last night, the county legislature met and listened to the public speak in support of Day's proposal before voting unanimously to pass it into local law. Day also was able to expand it, as he had hoped."We would be on more solid grounds from a constitutional perspective and also be more comprehensive if we included all funerals within this legislation," he said.This legislation will authorize an enforceable buffer zone of up to 750 feet where picketing, sound amplification, placards, signs, etc. can not be done within one hour prior to, during, or one hour following the commemorative service. "What this Legislation generally does is identify and describe funeral-related events as commemorative services to include gatherings and locations where burials, funerals, memorial services, processions, etc" take place."I cannot even begin to conceive of the pain that would be caused by these type of demonstrations coming at people's weakest and most grievous moments when they are simply trying to put to rest their loved one who happened to be a true hero," Day said. "It's hard to believe we need to legislate something that should be common sense and common decency."

"I think Legislator Ed Day has worked very hard to craft this law," said Legislator Ilan Schoenberger. Here are Day's main points behind this legislation:

  • "Why is this legislation compelling, particularly here in Rockland? Some here tonight may know of this group, as they had announced plans to picket a school production of the Laramie Project in Nyack as recently as last November and actually held a demonstration in Nyack six years ago."
  • "A compelling matter of public safety. Of late, veterans and military groups have taken it upon themselves to attend these funerals with the express intention of shielding the mourners from the view and actions of these demonstrations."
  • This would be extremely difficult for law enforcement to deal with... I do not think it takes a lot of imagination to see a highly charged and explosive situation unfold where a group shows up at a time when people are emotionally distraught and simply trying to put their loved one to eternal rest."

"To support this resolution and this law, no matter what race or religion, we all feel the same way. It's a brotherhood," said Legislator Philip Soskin. "Having been a veteran myself, I know how they feel. There's a time to demonstrate and there's a time to be respectful."Day also noted a particular person that helped in the 5-month process of drafting this legislation."Make mention of a call from Mr. Al Snyder—subject of this court decision—whose 20-year-old son, Marine Lance Corporal Matt Snyder, was killed in action in Al Anbar Province Iraq on March 3, 2006. He was subjected to this type of demonstration when his family tried to bury their son," he said. "I believe this is something that makes sense, is compelling and simply is the right thing to do for the people of Rockland."There was no hesitation in the legislature's voting. It was passed unanimously immediately.

"On 9/11, my (fire) house lost 15 men," said Legislator Bob Jackson. "I could not fathom, at all the funerals for my firefighters, if someone could come and protest.""What a violation of a family's peace and privacy to demonstrate and protest during the final moment when a family needs to say goodbye to a loved one," said Legislature Chairwoman Harriet Cornell.

Afterward, the many veterans who attended the meeting gathered outside."There's no reason they (veterans) have to worry about a protest at their funeral," said Vietnam War Veteran William Kelemen, of the Rockland County American Legion. "This is very important. It's not just for veterans, but for all people."

"They (the protesters) ruin that time of healing," said Korean War Veteran Warren Brandt, a United Methodist Minister. "The cost of love is grief. We would grieve so much more if we allowed this to continue."

STORY LINK: http://newcity.patch.com/articles/county-legislature-unanimously-votes-to-prohibit-funeral-protests