NYSAC News - Spring/Summer 2013

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Spring/Summer 2013

Volume 34, Issue 2

INSIDE:

What to do in an NYSAC News Emergency

Population Shuffle

Boost Your Purchasing www.nysac.org Power

Building Better Leaders

End of Session1 Spring/Summer 2013 Lobbying

17139 NYSAC Spring 13 Ad_Layout 1 4/26/13 9:19 AM Page 1

NYSAC OFFICERS

President’s Page

Hon. Ed Diana, Orange County President Mark R. Alger, Steuben County President-Elect Hon. Anthony J. Picente, Oneida County First Vice-President

From the NYSAC President, Hon. Ed Diana

Hon. Randall Douglas, Essex County Second Vice-President Hon. Mary Pat Hancock, Genesee County Immediate Past President

Cut costs without cutting what’s important.

Members Hon. Maggie Brooks, Monroe County www.monroecounty.gov

Hon. William Cherry, Schoharie County www.schohariecounty-ny.gov

Hon. Randall Douglas, Essex County www.co.essex.ny.us

Hon. Joanie Mahoney, Onondaga County www.ongov.net

Hon. Edward Mangano, Nassau County www.nassaucountyny.gov

Hon. Lynn M. Marinelli, Erie County

I recently announced that I will retire at the end of this year.

I have been humbled and honored to serve the people of Orange County and the membership of the New York State Association of Counties (NYSAC). After serving for 12 years as the Orange County Executive, I am exceptionally proud of the public services provided by the counties to serve the people of this great state.

We all work tirelessly to enhance public safety, stabilize taxes, facilitate economic development, provide public and mental health services and maintain our critical infrastructure. These are but a few of the important services we provide the public and I am proud to have done what I could for the people of Orange County and the members of NYSAC.

www2.erie.gov

Hon. Christopher Moss, Chemung County www.chemungcounty.com

Making the decision to retire was one of the most difficult decisions I have ever made. It is time for me to focus on a new job: getting healthy.

I wish to thank so many people for their support and encouragement as I continue to confront my health challenges. I am grateful to have so many friends and wish to thank all for promoting the importantand of registering with the New York Organ Donation Network and the Donate Life Group of Orange County.

The work of our great NYSAC must endure.

I have seen the tremendous benefit of NYSAC. I was part of the “Cap Medicaid Now” campaign that fought for and won a cap on the growth of local Medicaid costs in 2005. And then in 2012 and 2013, we successfully lowered our local costs again.

NYSAC continues to get better. I can tell you we have a team of staff members that are deeply committed to helping our counties operate more effectively.

I salute you all and wish you good health and happiness.

Hon. William Ross, Niagara County www.niagaracounty.com

Hon. C. Scott Vanderhoef, Rockland County www.co.rockland.ny.us

Steve Williams, New York County www.nyc.gov

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2013 Editorial Calendar Fall 2013 Deadline Date • August 26, 2013 Article submissions of 750 words may be sent to mlavigne@nysac.org To advertise, contact Juanita Munguia at jmunguia@nysac.org www.nysac.org

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NYSAC STAFF

Celebrating over 50 years of service

Municipal engineering • Transportation planning and engineering • Wastewater management • Water supply Solid waste engineering • Facilities engineering Environmental consulting • Land planning and site design

Director’s Note

Stephen J. Acquario, Esq. Executive Director Karen Catalfamo Office/Financial Manager Nicole Correia

From the Executive Director, Stephen J. Acquario

Communication Coordinator Patrick Cummings, Esq.

Spring Brings Renewed Hope for Change

Assistant Counsel Jackie Dederick Records Manager Mark LaVigne, APR Deputy Director Dave Lucas

S e r v i n g N e w Yo r k c o u n t i e s s i n c e 1 9 6 1 .

Director of Finance

Syracuse • Albany • Rochester • Newburgh • Ellenville • Watertown • Camp Hill www.bartonandloguidice.com 1-800-724-1070

& Intergovernmental Affairs

As we embrace spring and all the new growth that comes with the new season, let’s hope state lawmakers understand what the growth of state mandates is doing to our community-based programs and services. Let’s continue to hope that our calls for an end to new growth from unfunded mandates are finally acted on.

Patricia Milkiewicz Executive Assistant

From concept to completion, count on our expertise.

Juanita Munguia Marketing Specialist Jeanette Stanziano Director of Education & Training Melissa Tiberio, Esq. Associate Counsel Tammy Thomas Communication Assistant/ Receptionist

County leaders have made the case locally and in Albany that state unfunded mandates cripple a county government’s ability to serve the public. We understand that five decades of cost shifting the mandates to counties cannot be changed overnight, but we must continue to make incremental change to the mandated system of government. County leaders applaud and appreciate the efforts championed by Governor Andrew M. Cuomo to freeze the local share of Medicaid and to alleviate the financial obligations stemming from the costs of public pensions. Without

the leadership of the Governor and the commitment of the state legislature to address these important programs, our local taxpayers would be funding these costs and more local services would be lost. Give credit where credit is due, and it is certainly due here!

County leaders are constantly changing their government structures to become more efficient and effective in service delivery. Constant change is absolutely necessary to govern in the modern era.

The status quo is no longer acceptable, just because it has always been done that way doesn’t mean it should continue. All of us in government, whether working in the federal, state or local level, need to re-think government operations in the face of the new economy. NYSAC will work to change the culture of Albany so that state lawmakers understand our situation and work to help us save our communities.

Katy Vescio Deputy Director of Governmental Relations Shawn Voland Legislative / Office Clerk

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PUBLISHED 3 TIMES A YEAR President • Hon. Edward Diana Publisher • Stephen J. Acquario Managing Editor • Mark F. LaVigne Staff Writers • Nicole Correia, Patrick Cummings, Jackie Dederick, Mark LaVigne, Dave Lucas, Melissa Tiberio and

NYSAC Endorses MEGA: Created to serve local governments and school districts

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Advertising Staff • Juanita Munguia NYSAC’s mission is to represent, educate, advocate for, and serve member counties at the federal and state levels.

Published 3 times a year by the New York State Association of Counties (NYSAC) the NYSAC News is the official publication of NYSAC, a non-profit, municipal association serving the 57 counties of New York State and the City of New York with its five boroughs for over 80 years. NYSAC’s mission is to represent, educate and advocate for member counties at the federal and state levels.

NYSAC News Magazine 540 Broadway, 5th Floor Albany, New York 12207 Phone • (518) 465-1473 Fax • (518) 465-0506

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NYSAC Informs with e-news publications: NYSAC Weekly Wire Emailed every Friday during the Legislative Session.

Highlights county-related issues and activities that taking place in Albany.

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The State of the Counties ....................................................................................14 Let’s All Go to the Lobby: Effective County Advocacy in the State Legislature ........ 16

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To sign up visit www.nysac.org

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Counties Collaborate on Conflict Defender Services.............................................. 20 A New Approach to Economic Development: Manufactured in NY ........................ 21 Environmental Review: What’s the Real Purpose?.................................................22

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State Budget Victory for County Highways ............................................................ 23 Emerging Economic Development Issue: Staggering Youth Unemployment............ 24

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Federal Update: Preserving the Tax-exempt Status of Municipal Bonds .................. 25 Working with the Media: Tips for County Leaders ................................................ 27 Planning for Security Emergencies........................................................................ 29

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NYSAC Fall Seminar Preview................................................................................ 32 Saratoga Race Course Celebrates 150 Years ........................................................ 33

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Pelletier Institute Enhances County Leaders’ Public Service Skills .......................... 34 Increasing New York’s Low Organ Donor Rates .................................................... 36 Boost Your County’s Purchasing Power.................................................................. 37

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Target Your

Counties Net Positive in Final State Budget........................................................... 18 Coming to a Board of Elections Near You............................................................. 19

Counties in the News Daily news updates from counties across the state, compiled by NYSAC and delivered to your inbox every day.

The County Fiscal Conundrum.............................................................................. 12

New County Laws: Phone directories, Hurricane Sandy, and Pawnbrokers............. 38 Helping Navigate Stormy Seas: Cyber Security Conference................................... 39 Census Data Highlights: the Ins and Outs of Upstate NY Counties ....................... 40

Advertise with NYSAC

Spring Summer

contact NYSAC Marketing

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The advertisments and articles in NYSAC News in no way imply support or endorsement­by NYSAC for any of the products, services or messages conveyed herein.

NYSAC News

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Market!

Send submissions to mlavigne@nysac.org. Submissions should be 750 to 1,000 words and include a high resolution photo of the author­. All submissions­are subject to editing for clarity, content and/or length.

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Spring/Summer 2013 • Volume 34, Issue 2 Cover Image • Saratoga Race Course Saratoga County

PO Box 88 • Ithaca, NY 14851-0088 518-465-1473 or EnergyNext, Inc. • 518-580-9244 www.nysac.org

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The County Fiscal Conundrum

programs they design and control, county leaders need more flexibility to manage their budgets. State leaders must continue to whittle away at the cost burden that State-imposed mandates place on county government, permanently end cost shifts and the creation or expansion of State mandates, and must also restore home rule revenue authority for counties that have run out of fiscal options.

By Dave Lucas Director of Finance and Intergovernmental Affairs Traversing Rough Fiscal Seas

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• Consolidated operations and expanded shared services with other municipalities and counties,

here has been much talk about the dire fiscal straits facing local governments across New York in recent years. Governor Cuomo and the current Legislature have been more cognizant of trying not to make matters worse the last couple of years and have made important strides in reforming some big cost drivers for counties. Ending new cost growth in the county Medicaid share and the creation of a Tier VI in the State pension system will reduce county budget pressures and are very positive steps. Unfortunately most of the fiscal benefits accrue far into the future.

Steering Clear of the Rocks

Even with recent positive actions by the State, counties continue to struggle with balancing their budgets. Meeting taxpayers’ demands for county-delivered quality of life and public health and safety services, while also supporting State-mandated costs that continue to increase beyond the rate of growth in local tax receipts is a seemingly never ending challenge for county officials. The “Great Recession” exposed fundamental weaknesses in the State and county fiscal partnership that must be repaired. The recession and its lingering effects have brought a long period of:

When these actions turn out to not be enough (many counties implement the above actions simultaneously), counties are forced to raise property taxes to balance their budgets. The irony is that even though the State Legislature imposed a local property tax cap because they believe it is the most burdensome tax in New York for homeowners and small business—one that significantly undermines New York’s economic competitiveness—raising the property tax has become the only fiscal option for counties to balance their budgets. This stems from two major shortcomings in the state/county fiscal relationship:

• declining county revenues (sales tax, real estate transaction taxes and the near elimination of earned interest on reserves);

1. While the State Legislature and Governor imposed a property tax cap they have since failed to provide enough relief from state imposed mandates that continue to fuel the vast majority of costs in county budgets; and

• significant cuts in State reimbursement (between 2008 and 2011 State reimbursement to counties was cut by nearly $400 million annually with no commensurate reduction in State mandated responsibilities); and • quickly rising costs for counties to support growing State mandated social service and health care caseloads that counties are required to finance with local tax dollars.

With fewer resources and very limited ability to control the cost of State mandates, counties have: • Cut heavily from local quality of life programs under their control, • Reduced staffing levels where possible (counties have 10 percent fewer employees than just five years ago), • Sold assets (of nearly three dozen counties that still operated certified home health agencies, nearly all have notified State DOH they will be exiting this program and about half of the counties operating nursing homes are reviewing options that will likely include divestment), • Postponed capital expenditures and maintenance (including closing unsafe bridges because funding is not available to repair them), 12

NYSAC News

While county officials work diligently to avert revenue increases, when they must make a decision to raise revenue to responsibly manage their budget and provide the local quality of life services that taxpayers expect and deserve, an option other than the property tax should be available to them. A return to strong home rule authority, as envisioned in the State Constitution, is necessary to ensure local officials have the tools they need to maintain and improve their communities and responsibly manage their budgets.

• Spent down fiscal reserves (more than a dozen counties have no usable reserves at this time).

County officials must have an appropriate mix of tools to effectively manage their budget, including both cost control capabilities and prudent revenue options. Counties have proven that with the right tools they can responsibly control their budget while maintaining critical and expected local services. From 2006 through 2012 the county property tax levy for all counties combined increased by about 2.4 percent per year on average. This is commensurate with the annual rate of inflation for the period (2.3 percent). During this same timeframe, the cost of State mandated services that counties must fund with local tax dollars accelerated at annual growth rates nearly triple the rate of inflation, while State reimbursement to support their own mandated programs actually declined by hundreds of millions of dollars annually.

The long term outcome of not having the right fiscal tools is one that is clearly not sustainable or preferred by property taxpayers. Until the State can muster fundamental reforms that significantly lower the cost of State mandates, or they take more fiscal responsibility for the

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• Amortized pension costs (with basic pension costs up nearly 2000 percent since 2001), and

2. Along with the property tax cap the State Legislature has also imposed a defacto cap on all locally raised revenues by refusing to allow local home rule revenue bills to even be considered.

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State of the County Speeches: cautious optimism

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Counties continue to innovate, reinvent and reshape their governments in order to adapt to the changing times.

While many counties have been able to stabilize their economy for now, leaders caution that they are not out of the woods yet. County governments continue to do more with less. The property tax cap cannot be sustained unless the State follows through on the promise to reduce the costs of State mandates on counties. The following excerpts from State of the County speeches around the state give a picture of how our counties are faring.

Nassau County Executive Edward P. Mangano Nassau County had the distinction of being the highest property taxed county in the nation; that is no longer true. While we still have more work to do, we are headed in the right direction.

The actions of my administration have shocked the system- they forced a change in Nassau’s ways and they provided a path to REINVENT and Rebuild Nassau through: Reducing the Size of Government; Efficiency Implementations; Increasing Economic Development and Job Opportunities; New Public Facilities via Public-Private Partnerships; Veteran Housing Opportunities; Engaging a diverse group of residents to lead Nassau; Never returning to Nassau’s Past Practices; and through Technology Improvements we are Saving Tax Dollars.

Ulster County Executive Michael P. Hein As we celebrate the successes of 2012, I must also caution about a unique danger, one that could undo all the progress we have made so far. A hidden danger that only comes with success; and that danger is complacency. The mistaken idea is that all the hard work has already been done, and all of the politically charged issues have already been addressed.

Worse, and even more dangerous, there are some who mistakenly believe that county government must now be flush with money.

Although I wish that were true, unfortunately, it is not. What we have accomplished so far is to avoid massive property tax increases.

NYSAC News

Dutchess County Executive Marcus J. Molinaro When we ask ourselves – who are we as a people and how do we hope to live? – we think about our needs and imagine how, together, we can meet those needs. While we know that government cannot be all things to all people, it is with imagination and innovation that we find effective, efficient ways for government to serve all people. We must challenge ourselves to think outside the box, engage in constructive dialogue, and seek out best practices that, in the end, improve our quality of life and provide economic benefit for all those who call Dutchess County home.

Greene County Chairman Wayne C. Speenburgh As we enter the spring of 2013, we are just now finishing up repairs of damage caused by hurricanes and natural disasters. Final projects from Irene are just concluding. We must acknowledge the work completed by our county highway department. They have ushered us through numerous constructions contracts, rebuilt roads and bridges that were lost, while overcoming seasonal obstacles and delays. To date, our county has spent or committed to spend approximately $15 million on these infrastructure damages. Hurricane Sandy in 2012 has added insult to previous injury. The burden of FEMA “red tape” has resulted in the need for the county to borrow $10 million dollars in order to get these projects complete. Hopefully, the delay in the reimbursement process with soon end.

Albany County Executive Daniel P. McCoy

Together, we are reinventing and rebuilding Nassau.

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Onondaga County Executive Joanne Mahoney

By Melissa Tiberio NYSAC Associate Counsel

any of this year’s State of the County addresses focused attention on the 2 percent tax cap, mandate relief, mergers and consolidations, fraud, waste and abuse, and economic development. Overall, counties appear to be cautiously optimistic about the year ahead.

emergency response more efficient. I am pleased to say we are pursuing consolidation of E-911 systems with other municipalities in the county.

As a veteran, I know about the challenges I faced when I came home.

Returning veterans need our support now more than ever. The challenges they face are unimaginable. That’s why in November, we announced our partnership with John Downing and Soldier On, a nationally recognized program for homeless veterans. Soldier On has established an Albany County Resource and Referral Center on property near the former Heritage Park site. This is the first of its kind in New York State. This project includes plans to develop housing for our veterans throughout the greater Capital Region on the site of the Ann Lee Home. We expect to announce phase two of that project in the coming weeks.

Government service partnerships help to better our lives in many ways, and the 19 municipalities within Albany County are working closer than ever. I promised county government would change and that together we would achieve savings and increase efficiencies. I visited each municipality over the past year to talk about measurable action. I am proud to say that we have made significant progress. We have consolidated E-911 systems with the Sheriff’s Office in Watervliet, Cohoes and Green Island which has saved taxpayers money and made

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I am extremely proud to announce that Ondondaga County has been selected to receive the 2013 United States Water Prize for Save the Rain from U.S. Water Alliance which honors individuals, institutions, and organizations that have made an outstanding achievement in the advancement of sustainable solutions to our nation’s water challenges.

As we work to strengthen and expand our “water economy” in Central New York, we can have no better marketing tool for our community than to have national organizations like the U.S. Water Alliance recognize and promote the proud reality that we are in fact national leaders in protecting our valuable water resources.

Erie County Executive Mark C. Poloncarz In the 2011 election, the people of Erie County were presented with a clear choice of what county government can do, and what their community could be. The people spoke and said that county government should seek to provide programs and services that its residents demand, but should do so as effectively and efficiently as possible. As County Executive, my focus has been on changing the tone of county government to better reflect what taxpayers expect. That has meant cooperating with our partners in government, a commitment to smart growth and sustainability, and an overhaul of our workforce development programs. It has also meant wrapping up a new lease with the Buffalo Bills, addressing our dysfunctional IDA system, and working to attract new businesses to Erie County among other things.

Our achievements from the past year, include: • Creating one of the State’s first Land Banks to deal with a countywide vacant property problem, • An intensified focus on rooting out provider-level waste, fraud, and abuse in the Medicaid system though the new County Medicaid Inspector General’s Office, • The ongoing transformation of the Bethlehem Steel site in Lackawanna, which has already attracted a $40 million investment from Welded Tube of Canada to locate its U.S. operations here, and • Restoration of a transparent and open funding process for Erie County’s cultural assets through the Erie County Arts and Cultural Advisory Board.

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Let’s All Go to the Lobby: Effective County Advocacy in the State Legislature

By Kathryn Vescio NYSAC Deputy Director of Government Relations

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s the end of another State Legislative Session is nearly upon us, NYSAC encourages county officials to fortify relationships with their statewide elected lawmakers in order to encourage action on issues important to counties. Lobbying is the process by which we influence the actions of public officials. Effective lobbying requires many things, important among them are: • A thorough understanding of our position • Clear communication

• Ethics Reform to address corruption charges leveled against a number of State lawmakers. Some have raised the idea of legislation that would cause public officials to lose their pension if found guilty of a felony; • Campaign finance reform, including a possible repeal of Wilson Pakula, an authorization that allows a candidate to run on a line of a political party when the candidate is not registered with that party.

• Raising the age of criminal responsibility from 16 to 18, proposed by the Chief Judge in both his 2012 and 2013 State of the Judiciary address.

• Timely follow-up with policymakers in order to provide further information Objectivity is imperative. Understanding your own personal bias can help you to be a better advocate. In order to lobby successfully, you have to do your homework and know your audience. To understand a legislator’s position on an issue before your meeting, you can look to any number of factors, including their party affiliation, position within the Legislature, particular pressures they may be under from constituents or interest groups, any regional or ideological predispositions, the member’s voting record or previously articulated positions, their biographical information or positions stated in the news media.

With all these factors in mind, meeting a State lawmaker in person is the most effective way to advance your position.

Despite the high profile of the abovementioned items, the following are among the top priorities for counties this session:

Lobbyists bring information to legislators. As local government advocates, we can connect policymakers with local experts. It is our job to leverage relationships and information from local officials in order to bring practical knowledge to the hands of those who will make decisions. One thing is certain, if change was easy, it would have already happened. There is usually a reason why the change we seek has not yet occurred. It is important to anticipate the opposition to your argument and address those issues positively and pro-actively.

• Program Reform – As part of the discussion on mandates, NYSAC urges the State to reform many programs that, over the years, have become inefficient, wasteful and overly burdensome to taxpayers. Specifically:

• Mandate Relief – NYSAC continues to raise State lawmakers’ awareness about mandates and the strain they place on county budgets and subsequently, property taxpayers; • Home Rule – Maintaining strong home rule authority is the cornerstone of federalism. NYSAC urges lawmakers to give counties the authority to make local sales tax wholly decided at the local level, rather than subject to biannual State Legislative approval;

• Preschool Special Education – Counties pay for this program despite the fact that counties have no role in education. Many counties spend more on transporting special education preschoolers than actually educating them. This program is long overdue for reform.

Timing plays a key role in the advocacy process. Choose a strategic time to communicate your message, being ever mindful of important dates such as budgetary deadlines and committee meetings. There are constantly distractions present in Albany. Other things that are occurring in the Legislature may detract attention from our message.

It is more critical now than ever to meet with statewide lawmakers and communicate the message of counties across the State.

The media reports that several important topics may be on the Governor’s agenda for the end of session. These include: • Women’s equality legislation that addresses such controversial issues as abortion rights and equal pay. The Governor broached this topic in his 2013 State of the State address; 16

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• Early Intervention – A series of audits by the State Controller’s office have revealed shocking abuses in the EI program statewide. The State must reform this program in order to save taxpayer dollars as well as protect the children it is intended to serve.

For resources, information, and helpful publications on these and other county topics, visit the Publications page of NYSAC’s website at www.nysac.org/publications/. There you will find research reports and policy briefs on topics ranging from Medicaid to pension reform.

For tools to help you lobby your State Senators and Assembly members, visit NYSAC’s Legislative Action Center: www.nysac.org/ legislative-action/

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Fall Seminar September 25–27, 2013 Hilton Hotel Saratoga Springs, New York

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Counties Net Positive in Final State Budget

Coming to a Board of Elections Near You

By Dave Lucas NYSAC Director of Finance and Intergovernmental Affairs

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he final 2013-14 State Budget meets the Governor’s ongoing goal of keeping State operating fund spending below 2 percent.

The All Funds Budget is about $143 billion, and includes about $6 billion in non-recurring federal assistance related to Hurricane Sandy and extraordinary federal funding available through the Affordable Care Act. Without this extraordinary federal aid, the final budget will spend about $135 billion.

The Governor and State Legislature have renewed efforts to build the budget across the next two fiscal years. Medicaid and school aid currently operate under a two year budget cycle that is adjusted annually.

Numerous other items are now budgeted across the next two State fiscal years.

County Impact NYSAC and county leaders were active participants in this year’s budget negotiations, and all parties (the Governor, the Senate and the Assembly) have a clearer understanding of the position counties are in.

While our counties continue to govern under stressful fiscal conditions, this budget includes mandate relief actions and tools to provide counties with savings, funding, or flexibility to manage our governments more efficiently.

Achieving mandate relief is a marathon, not a sprint. We will continue to educate State lawmakers and the public on the fact that 50 years of mandates and cost shifts from the State Capitol have resulted in high property taxes at the local level. We are making incremental progress.

NYSAC will continue to work with the Governor and lawmakers on issues that were not addressed in this budget.

The SFY 2013-14 budget increases direct State reimbursement/grants to counties by nearly $200 million over the prior budget. The major program increases include: Increases in Direct State Funding Available to Counties – By Major Program Medicaid $107 million (full annual) CHIPs $32.8 million Community College FTE Aid $30.8 million Upstate Transit Aid $21 million DA Salaries $3.8 million VLT Funding $1.4 million Real Property Tax Aid $1 million Special Education Pre-k Audit $1 million Total Direct Increases 18

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$199.2 million

By Melissa Tiberio NYSAC Associate Counsel

The new funding begins to restore a portion of State aid reimbursement cuts that counties have experienced since the beginning of the “Great Recession.” In addition, the budget provides a variety of funding options and systemic reforms that can help lower county operating costs. Finally, the budget agreement will provide an option for counties to “smooth out” abnormally high pension costs over a longer period of time.

Mandate Relief and Increased Funding • A stable rate pension plan was included in the final budget.

The New York State Comptroller and the Teachers Retirement System both support the final plan and will each be responsible for implementing the new stable rate option.

• Accelerating County Medicaid savings– Beginning April 1, 2013, the State will lower counties’ weekly Medicaid payments.

This accelerates an estimated $86 million in savings expected to accrue to counties from the Affordable Care Act in 2013/14.

• Increased CHIPS authority of $75 million– in each of the next two years, there will be an 18 percent increase over current funding levels for counties.

• An increase of $150 per FTE in community college state aid, plus a variety of reforms to the chargeback system to help reduce fiscal pressure on counties.

• Enhanced preschool special education audit authority that allows counties to retain 100 percent of approved audit recoveries.

• Workers’ compensation financing reforms • Article 6 public health reporting reforms

Outstanding Issues Among the issues expected to be discussed and considered through the rest of this year’s legislative session include: • Enhanced home rule authority to provide counties with authority to renew existing sales tax rates and allow counties under 4 percent to adjust their sales tax rates up to 4 percent without State approval, • 9-1-1 local cellular surcharge – provide blanket authority for the handful of counties not currently collecting this revenue to implement a $.30 cellular surcharge, • Reforms to county public safety programs, • Binding arbitration reform, the provision sunsets on July 1, 2013, • Early Intervention third party payer and other reforms, and • State reimbursement for F.I.T. Community College chargebacks for four and six year programs.

NYSAC and county leaders continue to monitor additional mandate relief actions throughout the rest of the Legislative Session.

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his year, state lawmakers have proposed two significant reforms to New York State election law. The first proposal is early voting, which would allow New Yorkers to vote prior to Election Day. If enacted, early voting could significantly increase costs for local boards. The second proposal is campaign finance reform, which would dictate public campaign financing eligibility of candidates running for State positions. This proposal is intended to eliminate bribery in campaigns and more closely monitor campaign funding.

Early Voting New York State’s voter turnout rate for the 2012 general election was approximately 46.3 percent, a 12 percent decrease from the 2008 general election. While “Superstorm Sandy” may have negatively affected voter turnout in 2012, New York State’s voter turnout remains the third lowest in the nation.

Thirty-two states have implemented some form of Early Voting as a means to improving voter turnout rates. Early Voting provides voters the opportunity to cast their ballots prior to Election Day. Under the current law, voters in New York are only permitted to cast their ballot on Election Day, except in circumstances that require an absentee ballot. In order to overcome the obstacles to in-person voting on Election Day (ie., polling hours that conflict with work schedules, transportation issues, long lines at polling places), bills have been introduced in both houses of the State Legislature- A.689 (Silver) / S.1461 (Stewart-Cousins).

Both the Senate and Assembly bills require local boards of elections to designate at least five polling places in each county for early voting.

The locations would be situated to provide all voters in each county with a convenient place to vote. In the Senate bill, early voting would begin 14 days prior to any general election and seven days prior to any primary election. Voting hours would occur from 8:00 am until 7:00 pm each day including weekends. In the Assembly bill, early voting would begin on the third Thursday before any general election, and the second Thursday before any primary election. Voting hours would be from 8:00 am until 8:00 pm on weekdays and between 9:00 am and 5:00 pm on weekends. Early voting would conclude on the Thursday prior to any election. Local boards of elections would be responsible for ensuring that individuals only vote once, and ballots cast during early voting would not be counted until polls close on Election Day. Counties recognize the constitutional right to vote, and encourage voters to participate in the democratic process. There is concern, however, about the cost of implementing early voting and whether counties will be responsible for those costs. The expense of staffing and securing early voting locations and meeting other legal elections requirements have not been established. Currently, elections costs are the responsibility of county boards of elections. Under the 2 percent property tax cap, counties cannot afford to take on new costs associNYSAC News

ated with elections. NYSAC has requested that the State Legislature work with local boards of elections to determine the full fiscal impact of early voting and ensure that proper funding is appropriated to cover costs before any regulations are put in place.

Campaign Finance Reform In reaction to recent bribery allegations involving state lawmakers, the State Legislature has introduced A.4980B (Silver)/S.4705 (Stewart-Cousins). This bill would establish new rules governing how candidates for State-elected positions can receive public campaign financing. The bill would also provide for tougher enforcement of campaign finance laws.

Under this bill, campaign finance funding would be sourced from income tax check write-offs of $5 and a 10 percent surcharge on recoveries from fraudulent practices relating to stocks, bonds and securities.

To be eligible for public funding, candidates for State office would first have to collect a minimum amount of matchable contributions.

Matchable contributions do not exceed $250 and cannot be a loan.

The minimum amount of contributions required depends on the position sought. For example, a candidate for Governor would have to collect at least $650,000 in matchable contributions from at least 6,500 contributors. Eligible contributions would then be matched by public funding at a rate of $6 for every $1 up to a capped amount.

For a primary election: • Governor: up to $9 million • Lieutenant Governor, Comptroller, Attorney General: $6 million • Senator: $350k • Assembly: $150k For a general election: • Gov. and Lt. Gov. combined: $12 million • AG and Comptroller: $8 million • Senator: $400k • Assembly: $200k Additional contribution and spending rules apply when a candidate receives public financing. Except in limited circumstances, candidates would not be permitted to accept contributions in excess of $2,000.

Candidates would only be able to use public funds for qualified campaign expenditures.

If enacted, the State Board of Elections would create a Fair Elections Board Enforcement Council. There would be five members, each serving a four-year term on the council: one appointed by the governor, and one member appointed by each legislative leader of the Senate and Assembly. The council would have the sole authority within the State Board of Elections to investigate or initiate complaints. They would also be responsible for issuing formal opinions on the personal use of campaign funds.

Continued on page 20

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Continued from page 19

A New Approach to Economic Development: Manufactured in NY

Governor Cuomo has stated that campaign finance reforms are a top priority this session. Campaign finance reforms have wide support in the State Legislature, including Assembly and Senate Democrats as well as the Independent Democratic Caucus. Senate Republicans remain unsupportive of these reforms.

By Laura Mann Principal, Strategic Operations, FuzeHub Gilberti Stinziano Heintz &

Gilberti Stinziano evitalization of the manufacturing industry has long been identiHeintz fied as the&key to a successful economy in New York State. As the

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Attorneys and Counselors at

Government Relations

•

Municipal Services

www.gilbertilaw.com (315) 442-0100 Syracuse Albany New York City

Gilberti Stinziano Heintz & Attorneys and Counselors at

Government Relations

industry continues to change, meeting the technical and innovative needs of manufacturers is vital to both their long-term success, their competitive positioning• in theMunicipal 21st century economy, and New Government Relations Services York’s economy. www.gilbertilaw.com

Attorneys and Counselors at

•

Municipal Services

www.gilbertilaw.com (315) 442-0100 Syracuse Albany New York City

(315) 442-0100

Syracuse Albany New York With 18,000 small-to-medium sizedCity manufacturing companies spread throughout the state, counties, towns and cities strive to support and connect them to the public and private resources essential for profitability and job creation.

TheGilberti issues of “where could I source a new technology” and “what would IStinziano do with a new technology?” are some of the major hurdles in the path to wider participation by manufacturers in technology commercializaHeintz & tion. Very few of these small and medium manufacturing companies have new product development programs backed by in-house design Attorneys and Counselors at and prototyping capabilities. Yet, ever-growing global and supply chain Government Relations • Municipal Services pressures require new, innovative product and process standards to www.gilbertilaw.com remain competitive and viable.

(315) 442-0100 Syracuse Albany New York City

Supporting Manufacturing in New York State

Gilberti Stinziano Heintz & Attorneys and Counselors at

Government Relations

•

Municipal Services

www.gilbertilaw.com (315) 442-0100 Syracuse Albany New York City

Gilberti Stinziano Heintz & Attorneys and Counselors at

Government Relations

•

Municipal Services

www.gilbertilaw.com (315) 442-0100 Syracuse Albany New York City

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Spring/Summer 2013

and connection with the resources they need every step of the way.

FuzeHub resources are vetted by specialists and the NY MEP centers to ensure effective, reliable solutions and services. Manufacturing companies can be confident that the connections they make at Solutions Fairs and through the FuzeHub Innovation Specialists will be the highest quality, best available, cost-competitive and most reliable.

FuzeHub will also be the fastest, most convenient way for companies to find comprehensive recommendations. The FuzeHub Innovation Specialists have at their disposal the most comprehensive, up-to-date information about the myriad types of federal, state, regional and private sector programs, resources, expertise, incentives, grants, technology sources and more. Companies won’t need to know where to look; all they will have to do is sign up to attend a Solutions Fair event or request help from the specialists with FuzeHub. To date, more than eight Solutions Fairs have served over 150 manufacturing companies across New York. These companies have already begun to see significant benefits and results from the convenient, highly targeted meetings and connections with FuzeHub specialists.

For more information on FuzeHub or upcoming Solutions Fairs, please contact Laura Mann at laura@fuzehub.com to learn how local governments can help manufacturing companies in your community get connected and grow.

In 2010, The National Institute of Standards and Technology (NIST) awarded a grant to New York State (Empire State Development – DiviGilberti sion of Science, Stinziano Technology & Innovation - NYSTAR) to develop services to assist Heintz & New York’s small and medium manufacturing companies with growth through technology commercialization. In collaboration the 10 Attorneys andwith Counselors at regional NY Manufacturing Extension Partnership centers (NY-MEPs), NYSTAR has created new program initiatives to support Government Relations • Municipal Services manufacturing companies. The new programs include the NY Solutions Fair eventwww.gilbertilaw.com series, the Regional Innovation Specialist program, and (315) 442-0100 a virtual help-desk portal, FuzeHub.com (set to launch in June 2013).

Syracuse Albany New York City Solutions Fairs are customer-centric and are not tradeshows. Companies meet with knowledgeable experts to discuss, consult, problem solve, and recommend next steps for the custom expertise and solutions the customer needs. Likewise, what will differentiate FuzeHub.com Gilberti from most portals is the highly skilled experts that will be behind the Stinziano system. FuzeHub will provide manufacturing companies with 24/7 Heintz & assistance and information from five Regional Innovation Specialists and over 100 NY MEP experts. The identified Regional Innovation Attorneys and Counselors at Specialists will respond directly to company requests within 48-hours Government • Municipal and willRelations work with a company from start toServices finish ensuring access to www.gilbertilaw.com (315) 442-0100 Syracuse Albany New York City

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STATE BUDGET VICTORY for county highways

Environmental Review: What’s the real purpose?

By William C. Wright President, New York State County Highway Superintendents Association

By Kathryn Vescio NYSAC Deputy Director of Government Relations

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he State Environmental Quality Review Act, or SEQRA, requires all state and local government agencies to consider the environmental impact of potential projects. The goal of SEQRA is to ensure that the environmental significance of proposed actions is contemplated and mitigating measures are put in place before projects are carried out.

Despite this straightforward intent, over time SEQRA has gained a reputation as a hindrance to development, providing a procedural kink that project opponents can use to obstruct progress. What was envisioned as a tool to ensure environmental protection has become a weapon for the opposition to wield and thwart the local development efforts. For this reason, the Department of Environmental Conservation has proposed revisions to SEQRA’s rules in order to make the process more efficient.

Considering the Environment in Development Plans Prior to SEQRA, there was no formal mechanism to ensure that projects respected potential environmental outcomes. Ecological degradation was an unfortunate side effect. In the early 1970s, the National Environmental Policy Act (NEPA) emerged as the federal response to a growing national call for governmental protection of the environment. New York State soon followed with SEQRA, a State approach to ensuring that developers consider environmental outcomes along with the social and economic pros and cons of land development.

Over time, developers have grown an understanding of incorporating environmental factors into their comprehensive plans. Local initiatives aimed at bringing jobs also celebrate the natural assets of a given location. Voluntary building standards such as LEED (Leadership in Energy and Environmental Design) provide third-party verification that buildings are constructed with green standards, considering the environmental impact of everything from building materials to energy usage. Though such environment-focused growth is possible, it is far from simple. Incorporating environmental factors into local development decisions is no easy task, particularly in rural areas where every bit of grassland is home to some creature. Still, progress has been made toward simultaneously promoting growth and environmental awareness, however contrasting the two concepts may be.

Is Smart Growth the Only Growth?

The movement toward environmentally conscious development has also driven the concept of “smart growth.” The idea promotes development on more densely populated areas, avoiding sprawling metropolises that create a larger-than-necessary environmental footprint by spreading out into rural areas. This feeds the discussion occurring in many areas of upstate New York, where downtown revitalization is at the forefront of the plan to breathe new life in 22

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to our cities. Reviving urban areas brings promise for industry and flourishing micro-economies, not to mention improved quality of life for city-dwellers.

$75 Million Increase in the Consolidated Highway Improvement Program

But if development doesn’t fit the definition of “smart growth,” is it senseless? Certainly creating jobs and centers of commerce in rural areas can be intelligent, too. The pressing question outside of urban areas is how do we incentivize the wisest of development choices, while maintaining distinct rural qualities?

Beginning this spring, motorists in New York should notice a difference. The local roads and bridges they travel and share with bicyclists, pedestrians and other users are looking better and the ride is getting a little bit smoother. This will be due, in no small part, to the benefits of increased funding available to local highway departments in the newly-adopted State Budget.

Toward a More Efficient SEQRA

Through the efforts of our state legislators and with the support of Governor Cuomo, the state budget increases funding to local roads and bridges by $75 million statewide for each of the next two years.

Due to SEQRA, the State plays an important role in approving local projects. Still, local home rule authority plays the most critical part in local decisions about project siting. Local planning boards take on the arduous task of weighing all relevant factors and making critical decisions about where development will take place, and conversely what areas to conserve and protect. The process of incorporating environmental review into local decisions is important – but how we do this is even more fundamental. Many would argue that the SEQRA process is broken – having devolved into a lengthy and drawn out series of forms and protocols, rather than returning to its very important roots of finding ways to mitigate environmental harm.

This spring, the Department of Environmental Conservation is moving forward with proposed revisions to SEQRA’s rules with the goal of making the process more efficient. DEC officials began the revision process over a year ago – holding hearings and listening sessions across the State in order to understand practitioners’ perspectives on the real hang-ups in the SEQRA process. Officials have had to look back to the original purpose of SEQRA, maintaining the original statutory intent of the law while looking for ways to make the process less arduous.

They are trying to be more deliberate, contemplating the relevant factors and making adjustments to ensure environmental protection.

Elements of the proposed changes will promote smart growth. Other changes represent a better understanding of what types of actions impact the environment, and which can be categorically excluded from the SEQRA process. In the end, counties need these changes to make it easier for local governments to implement key decisions about the future of development in their communities.

www.nysac.org

While the new level of state financial commitment is welcomed, it will take more than this to begin to reverse the deteriorating conditions of our aging roads and bridges as we need to overcome five years of flat state funding, the impacts of inflation and now a loss of access to federal highway money. Aware of this situation and with strong public support, state leaders went about making increased funding for local roads and bridges a priority, and ensured that a significant boost in CHIPS funding be part of the state’s final budget over the next two years.

My colleagues and I in the New York County Highway Superintendents Association continually stress the need for regular increases in the Consolidated Highway Improvement Program (CHIPS), the life blood of any local highway department. And while budgeters may measure highway funding in dollars, we measure it in miles!

For the last few decades, local highway superintendents have practiced well-established pavement preservation strategies that concentrate investments in cost-effective preventive maintenance.

Over the past several years however, the number of highway miles that local highway professionals could treat each year dropped significantly for most counties.

The counties’ share of the additional $75 million in CHIPS per year for each of the next two years will allow our road crews to add to the number of roads we can maintain over the next two years and hopefully get us back on track to reaching our pavement preservation targets.

Why are these preservation efforts so important? According to the American

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Association of State Highway and Transportation Officials, every $1 spent in maintaining a good road avoids spending $6 to $14 to rehabilitate or rebuild one that has deteriorated.

The support of the traveling public for enhanced and sustainable state investment in the roads and bridges is critical to our efforts to maintain, repair and strategically replace existing transportation infrastructure necessary for safety and mobility and for New York State to remain economically competitive. Timely preservation efforts save taxpayers money by avoiding more costly repairs or extensive replacements in the future.

We on the front lines appreciate every dollar we get to help fight the battles to keep our local transportation systems maintained properly and running efficiently. We must continue to work together with our elected officials and agency heads at all levels of government to insure we have the resources to continue to meet the critical immediate and long-term needs of our local infrastructure. The success of this effort is enhanced by our strong partnership with NYSAC and other municipal organizations, contractors, engineers, labor unions, businesses, farmers, motorists and a variety of other constituencies whose safety, well being and economic success rely heavily on a well maintained transportation system.

William C. Wright is Commissioner of Public Works for Ontario County and President of the New York State County Highway Superintendents Association.

Consolidated Highway Improvement Program Appropriations (millions)

$500 $438

$450 $400 $350 $300

$250

$363 $313 $313 $309 $283 $290 $297 $277 $277 $277 $242 $242

$363

$363

$363

$363 $363

$438 $363

$250

$200 $150 $100 $50 $0

03/04 04/05 05/06 06/07 07/08 08/09 09/10 10/11 11/12 12/13 13/14 14/15 Proposed Enacted

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Federal Update: Preserving the Tax-exempt Status of Municipal Bonds

Emerging Economic Development Issue: Staggering Youth Unemployment

By Melinda Mack Executive Director, New York Association of Training and Employment Professionals

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veryone remembers their first job – working at a pizzeria, as a lifeguard, babysitting, in retail, or even working for their parents. As a kid, for many of us, it meant pocket change or saving for college; for others it meant a little extra cash to help out the family. What we didn’t realize in our youth is that those jobs were also preparing us for future employment. We learned the need to show up on time, about workplace politics, working in teams, problem solving, and customer service—just to name a few. Today’s youth are missing out on these important opportunities, and employers are feeling it, reporting huge gaps in employability skills, including the aforementioned “soft skills.”

In April 2013, the Center for American Progress reported “...the unemployment rate for Americans ages 16–24 stands at 16.2 percent, more than double the national rate of unemployment.” Based on the recently released estimates from the U.S. Bureau of Labor Statistics, over 1.1 million New York State youth ages 16-24 are unemployed.

Total Youth Unemployment Rate in NYS 16–19 Years Old - 28.4% 20–24 Years Old - 14.7%

The good news is there is recognition that we are headed toward a crisis that will not only impact our bottom lines, but our ability to economically compete in retaining, and attracting employers to New York State. For example, Governor Andrew Cuomo and the New York State Legislature allocated $25 million to support the Summer Employment Program, which employs thousands of youth each summer through the local workforce systems. In many communities, the city or county kicks in their own resources or private funds to increase the number of youth served through this important program. Nevertheless, even with this tremendous effort, not every unemployed youth is able to participate. Last year New York City had over 100,000 youth on the waiting list.

As a county leader, what can you do?

Women 16–19 23.1%

Men 16–19 33.2%

• Work with your local Workforce Investment Board (WIB) and community stakeholders like K-12 systems, colleges, and providers, to take a look at this issue locally. How many youth are effected, and what is the overall impact on your local economy?

20–24 10.5%

20–24 18.5%

• Through your WIB, local Chambers of Commerce or community groups convene local employers to talk about your Summer Youth Employment program, and how to get young people exposed to local occupations and careers.

While there are real concerns with the short term loss of earnings, there are longer-term, reverberating consequences to the lack of skills attainment and wage growth. As shared in a recent report by TD Bank:

“

There is a multiplier effect that many of us see happening in our own families or communities. Without employment, youth are moving out of their parents’ homes later and relying on parental financial support, struggling with student loan debt, and delaying traditional steps in adulthood—buying a home, starting a family, or saving for retirement. As localities continue to face rising costs, these are potential taxpayers not on the roles.

There is general consensus among labor economists that a spell of unemployment at an early stage of a worker’s career imposes a persistent wage penalty that could last for their entire working lifetime.”

• Continue to support and make investments into youth education, training, and employment opportunities locally, and at the State and Federal levels. Your voice is an important tool in our advocacy to sustain these workforce and economic development programs.

Melinda Mack is the Executive Director of the New York Association of Training and Employment Professionals (NYATEP), a nationally recognized non-profit membership association focused on workforce development.

NYATEP partners with workforce boards, business organizations, education and training providers, economic development entities, organized labor, elected officials, and government agencies to promote the vitality of New York’s economy. For more information visit: www.nyatep.org

By Michael Belarmino, Associate Legislative Director and Associate General Counsel, National Association of Counties

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ince the Great Recession, lawmakers in the nation’s capital have struggled to find ways to solve the enigma that is the federal debt and deficit. There have been countless committees, commissions and bipartisan groups that have put forth numerous proposals that are billed as the right plan to put our nation’s fiscal house back in order.

But one proposal that continues to produce much concern for state and local governments is one that seeks to limit or cap the value of certain tax benefits, including tax-exempt interest on municipal bonds. This proposal is troublesome for not only the long standing history of the muni-interest exemption it would alter, but also because of the detrimental impact it would have on infrastructure investment.

Since the original income tax code of 1913, the interest earned on municipal bonds has been exempt from federal income tax. This, in large part, is an acknowledgement of the partnership between federal, state and local governments and their respective roles in developing our nation’s infrastructure.

The impact of municipal bonds is substantial. In the last 10 years alone, municipal bonds have financed more than $1.65 trillion of infrastructure investment. With state and local governments providing the funding for more than 75 percent of our nation’s infrastructure, there is no other funding mechanism that could match the return for the federal government’s dollar that produces such a compelling amount of infrastructure, and ultimately jobs.

But now, as many of the policymakers in Washington search for ways to generate revenue, the idea of reversing history and partially taxing what is otherwise exempt income has emerged over the past few years. The idea first surfaced in the Simpson-Bowles plan, which would have eliminated the tax-exemption for municipal bond interest.

Since then, variations of that proposal have appeared in legislation and budget plans.

With the recent release of the President’s FY 2014 Budget Plan, the plan reiterates the 28 percent cap on certain tax benefits, including interest earned on municipal bonds. While the plan itself is essentially a non-starter for many in Congress, it still can serve as a base for future talks. It should be noted that in addition to the President’s proposal, language in the Senate Budget Resolution suggested the possibility of a cap on tax benefits, which could include tax-exempt interest.

focusing on a particular tax area, like manufacturing and real estate and will soon release tax reform proposals.

While there is no one specific working group assigned for municipal bonds, the full committee held a hearing in March titled “Tax reform and tax provisions affecting state and local government.” A substantial amount of the hearing was spent discussing the exemption for municipal bond interest, and there appeared to be a solid, albeit small, base of committee members who supported maintaining the exemption.

On the other side of the Capitol, the Senate Finance Committee is in the early stages of a multi-week discussion series where members convene to talk about specific topics and provide feedback on options to enact tax reform. After each meeting, the tax reform option papers used to guide the discussions are posted on the committee’s website.

Three option papers have been released thus far. When talking with staff, the general consensus remains that all options, including capping tax benefits like the exemption for municipal bond interest, will be discussed.

However, there is some good news to report. Fourteen Democratic Senators sent a letter to the President urging him to preserve the tax-exemption for municipal bonds and House Majority Leader Eric Cantor said he supports the tax-exempt status of municipal bonds.

There’s more. A bipartisan resolution in the House (H.Res.112) celebrating and acknowledging the importance of tax-exempt bonds, continues to add cosponsors signing on in support. Finally, NACo was able to assemble a coalition of 59 national associations on a letter urging the Senate leadership to preserve the tax-exempt status of municipal bonds.

Our work is not done. Meetings with congressional members and their staff demonstrate an all-out educational effort is still needed.

The tax-exemption has helped state and local governments pay for a majority of our country’s infrastructure over the past century. It has survived two world wars, the Great Depression and the Great Recession--all times of fiscal challenge yet the exemption continues to work for small and large governments alike. Lawmakers in Washington need to be reminded of that.

In addition, the tax-writing committees in both chambers are working fairly diligently to develop their respective proposals to reform the tax code.

In February, the House Committee on Ways and Means announced the formation of 11 tax reform working groups. Each group is now

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Working with the Media: Tips for County Leaders

By Todd McGee President, National Association of County Information Officers

B

eing an elected official is no easy task, especially for those who serve at the local level, such as a county legislator. With the long hours and low pay, county legislators are frequently asked to vote on such hot-button issues as zoning, where to site a new landfill, or economic incentives. All too often, these issues have potentially negative impacts on neighbors, friends, family members and co-workers, making for uncomfortable trips to the grocery store or to the little league field to watch your child or grandchild play.

For county legislators, there is nowhere to hide once you have made a difficult decision, and trying to hide from a controversial vote is perhaps the worst tact you could take, anyway. Instead, a county official must take steps to explain to residents exactly why a decision was made and how it will ultimately benefit the community.

By taking proactive steps to get ahead of the story, county leaders can make sure citizens are aware of all the considerations that went into a decision. You may not convince the citizens to agree with your decision, but at least they will know why you made it and what your intentions were.

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Serving the following New York State Counties: Chemung, Clinton, Dutchess, Essex, Franklin, Fulton, Greene, Hamilton, Lewis, Madison, Montgomery, Orleans, Otsego, Putnam and Sullivan, along with the Cites of Amsterdam, Newburgh and Plattsburgh.

Working With the Media There are simple steps an elected official can take to help ensure their side of a story is told. The most important step is to develop a professional relationship with the local media. This doesn’t mean you have to become Facebook friends, send them holiday cards or invite them to your child’s birthday party. It does mean that you should treat the reporter with respect, understand what your role is in the process, and always be responsive to their requests for information and comments.

Don’t assume a reporter knows the issue. The local government beat is one of the first beats given to new reporters, and if a reporter is coming from a different state, he or she may not be familiar with your local government system. It is up to you to help the reporter understand how your local government works so they have the correct information when reporting a story.

Reporters will appreciate any help you provide, especially in making sure they publish accurate and verifiable facts. It doesn’t mean they won’t write about the controversial aspects of a story, and it doesn’t mean they won’t interview somebody from a citizens group or other organization that is opposed to your decision, but it should ensure that your side of the story is told.

It will also pay dividends down the road because reporters are always looking for good sources. The next time a citizen calls a reporter with an example of waste by their county government, the reporter might just call you to get the real story before deciding whether or not to write an article.

Telling Your Story The next step is to develop a series of talking points about the issue.

The key is to focus on the top two or three points and ignore some of the less-important factors. For some issues, there might be dozens of reasons behind the choice, but it is important to settle on the top two or three key reasons for the decision. Each official might have different reasons for why they voted, so it is important for a consensus to be reached on what are the key components and then for the board to stay on that message.

There are several guidelines to follow when developing your message:

The reporter is your conduit to the public at large, and cooperating with the reporter on a story – even a controversial one – will help get your side of the story out. In this day of understaffed newsrooms and 24/7 news cycles, reporters are often working multiple beats while being asked to post on Twitter, Facebook, YouTube and other social media sites.

• A message should communicate a benefit and describe a shared value. This is important because it enables you to make the connection with your citizens, to let them know how this decision will directly benefit them and the community at large.

• Your message should also be short, concise and to the point.

You need to be able to articulate this message in one or two sentences, because that’s about how much time you will be given on the local news report. A study recently showed that the average sound bite on the national news is about nine seconds, down from 48 seconds in 1968. Broadcast stations are trying to cover many stories in a 30-minute broadcast, so they are spending less time on each individual story.

The competition to be the first to break a story is fierce, thanks to the ever-increasing presence of citizen journalists (i.e. bloggers). You should always be respectful of a reporter’s deadlines. Remember that respect is a two-way street.

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It is important to remember what your role is in the newsgathering process. As a county official you – and not the reporter – are the expert. Your first goal is to help the reporter understand why a decision was made so they can in turn educate their readers (your constituents).

NYSAC News

• It is also important to humanize the message. If the Board of Legislators adopts a new program designed to make the county nursing home better, think about how you say that.

Continued on page 28 •

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Continued from page 27 • Your message should be boiled down to a handful of key points – and refer to them over and over.

• If you are in an interview with a news reporter, it is okay to keep repeating yourself. Eventually the reporter will figure out that the points you keep repeating are what you feel are the important points.

Planning for Security Emergencies

cell phones shoot high-definition video. A good digital camera that can take still photos and shoot HD videos can be had for around $500. Editing software, a light kit, a wireless microphone and other odds and ends are not expensive either. A little investment in equipment can produce big returns in terms of public relations and public information.

• It is also important to remember that a message is not about you, and a message is not a goal or a statistic. Statistics and facts can help support your message, but they are not the message in and of themselves.

For the past several years, the National Association of County Information Officers (NACIO) has hosted a workshop at the National Association of Counties (NACo) Annual Conference on how to educate the public about a controversial decision. We are always asked for advice on dealing with negative press.

• The final step is to take the story to the citizens. Officials should be prepared to answer for the decision immediately. In most cases, reporters will be present at the meeting and will expect to be able to get some reaction from the board immediately after the meeting.

Unfortunately, negative press is inevitable, but it doesn’t have to be devastating. By following the tips and guidelines above, elected officials can play a key role in helping their citizens understand why a controversial decision was made.

• In this instance, it would be important to designate one legislator – presumably the Board’s appointed or elected chairperson – to serve as the official spokesperson. It is much easier to ensure the consistency of a message if only one person is delivering it.

Become Your Own Media Outlet For controversial stories, it is likely that there will have already been reports in the local press about the issue because much of the mainstream media coverage of local government focuses on corruption and controversy. Newspapers in particular are trying to find a niche to help them survive, and government waste and abuse is always a top seller.

Because of this development, elected officials should keep in mind that you do not have to rely on the traditional news media to tell your story. In this day of 24/7 news cycles, counties can become their own media outlet. Consult with your public information officer to develop a press release with facts and figures that highlight the key factors for your decision. Post the release on the official county website, preferably before the local newspaper hits doorsteps the next morning.

It is easy to post a video interview with the designated spokesperson that explains the rationale for the decision. You do not have to invest in a lot of studio equipment to produce Internet-quality videos. Many

Delivering results

The National Association of County Information Officers was formed in 1966 to bring together communications professionals to share and exchange information with other county public information officers across the United States.

As an active affiliate of the National Association of Counties (NACo), NACIO promotes the value of professional Public Information Officers to county governments and a better understanding amongst the public of the roles and responsibilities of county government. NACIO members serve as judges for NACo's annual National County Government Month contest, and NACIO experts present highly entertaining workshops on media relations best practices at the NACo Annual and Legislative conferences.

Please visit the NACIO website at www.nacio.org to learn more about the organization.

Providing Excellence to New York State Counties.

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By J. Brett Carruthers, CSP, RSSP Manager of Risk Services and Law Enforcement Liability Specialist, New York Municipal Insurance Reciprocal

I

n March, a gunman terrorized the villages of Mohawk and Herkimer in Herkimer County. Life in the villages came to a standstill when the gunman barricaded himself in a vacant building. Police evacuated a three-block area. Some schools, including Herkimer County Community College, were in lockdown during the emergency. After a day-long standoff, police killed the shooter. There was no further loss of human life; however a FBI K-9 died during the standoff.

Consider how differently this event would have unfurled if it had occurred inside or near a county facility or a crowded downtown area.

There are different responses and protocols employed when emergencies occur. Some, such as a response to a building fire or weather emergency are easier to initiate. Others, such as armed intruders, active shooters or emergencies in the community are more difficult to assess. Sadly, more shooting and violent incidents (such as the Boston Marathon bombings) appear to be occurring throughout the country. A proactive approach requires county emergency planners to develop plans to respond to three security emergency scenarios: lockdown, lockout and shelter-in-place.

Lockdowns A lockdown is initiated when there is a crisis or physical threat inside the building and movement by occupants may place them in jeopardy. Lockdowns can help contain the threat, keep individuals away from the threat, and protect individuals by getting them away from places where the threat may be approaching. Depending on the situation, lockdowns may last a short time or could go on for hours. There are different reasons to initiate a lockdown: an armed intruder; active shooter; civil expression; domestic violence or an irrational visitor. To do it right, procedures need to be developed and implemented, training conducted and plans tested.

Law enforcement must be notified immediately. An ongoing relationship with first responders will ensure that all parties are familiar with each entity’s plans, roles and responsibilities, and that this information is integrated into the municipality’s plans.

Each municipality, facility and emergency is different. The following recommendations should be used as a starting point or reference to evaluate existing plans:

Robert Bambino, CPCU, ARM Director of Risk Management, New York Municipal Insurance Reciprocal

During a lockdown the following actions must be taken immediately: • Immediate notification of building employees and visitors that a lockdown is in place. Specified personnel must secure building perimeter doors.

• Individuals inside the building should remain in the room or office where they are located and lock the door.

• If in a corridor, elevator or stairwell, proceed to the nearest office to take shelter and ensure the door is locked.

• All individuals should move down onto the floor and remain away from windows and doors.

• All individuals should make as little noise as possible. Individuals should place cell phones and pagers into “vibrate or silence” mode.

• Secure all windows and close blinds and/or curtains.Turn lights off.

• Do not open the door for anyone. When the building has been cleared, your door will be unlocked by law enforcement personnel and you will be given instructions as to the next action to take.

Lockouts A lockout is initiated when there is a physical threat outside the building and evacuation may place building occupants in jeopardy.

Lockouts are typically implemented when a crime occurs near a building. They prevent the physical threat from gaining entry. As with lockdowns, lockouts may be quick or protracted. During a lockout the following actions must be taken immediately: • Immediately notify building employees and visitors that a lockout is in place. Specified personnel must secure building perimeter doors.

• Individuals inside the building will not be able to leave the building.

• Secure all windows and close blinds and/or curtains. Turn lights off.

• Keep away from windows.

• Be prepared to move into lockdown.

BENEFITS ADMINISTRATION • RISK MANAGEMENT

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Continued from page 29

Shelter-in-Place

are assigned to appropriate building personnel.

Initiate shelter-in-place in the event of an external event, such as a release of hazardous chemicals or a large, yet-to-be controlled fire, where it is not possible or advisable to evacuate a building. Shelterin-place is also used when internal control is needed because of a medical emergency in the building. Shelter-in-place events are usually shorter term in duration.

During a Shelter-in-place event, the following actions must be taken immediately: • Notify building employees and visitors that a shelter-in-place is under way. Specific instructions will follow if building systems need to be turned off.

• For a medical emergency: individuals and visitors inside the building should remain in their office or building area where they are located until the all clear is given.

• For an environmental event or large fire: in a multi-story building, all individuals and visitors should move upwards to a higher floor since most chemical agents are heavier than air.

• Develop a communication plan. Communication with noneffected county buildings is important so they may prepare to take action as appropriate.

Communicating the Plan Once the plan is developed and implemented, it must be communicated to building employees. They must know and understand the differences between the three key security emergency scenarios: lockdown, lockout and shelter-in-place. Hold employee training sessions to communicate these plans and answer questions that may arise.

Practicing the Plan Finally, conduct lockdown, lockout and shelter-in-place drills to ensure employees understand these procedures, as they are very different from evacuation drills. If drills indicate that further training is needed, conduct refresher sessions to review procedures. Poor performance during a drill usually indicates poor performance and reaction during an actual emergency. These are not times for complacency.

• Close all windows and perimeter doors.

• Turn off heating, air conditioning and ventilation systems.

• Have a designated individual check all building openings to ensure none have been overlooked.

• A designated individual should monitor radio or television stations for further updates and have occupants remain in the shelter-in-place until authorities indicate it is safe to leave.

Developing the Plan Emergency procedures must consider the specific construction characteristics of the facility. With county buildings spread out geographically, this will complicate the planning process and will require prioritization as to which buildings get the most attention.

Priority should be given to government centers, courthouses, social services and public safety facilities.

Registered Municipal Advisors Serving New York State Municipalities Since 1967 Competitively Bid Bond & Note Issues  Refunding Bond Issues  Lease Financings  Energy Performance Contract Financing  Accounting & Bookkeeping Services  Credit Rating Assistance  Continuing Secondary Market Disclosure  Cash Flow Borrowings Central New York Corporate Headquarters 120 Walton Street, Suite 600, Syracuse, NY 13202 Phone (315) 752-0051 Fax (315) 752-0057 John Shehadi – jshehadi@fiscaladvisors.com Mark Vislosky – mvislosky@fiscaladvisors.com

As the plan is developed the following need to be considered: • What are the structurally safest areas of the building? Develop diagrams that identify these areas and, as necessary, identify the appropriate routes to proceed to these areas.

• How good is the intercom system? Does it reach all interior areas?

Will it reach people who are outside of the building?

Capital Region Jeanine Rodgers Caruso jcaruso@fiscaladvisors.com (518) 383-3602

• Do other organizations share the facility? If so, what are their emergency plans? As the controlling interest in the building, you will need to assist these organizations with their plans and include them in drills.

• Develop site-specific plans along with other stakeholders in your buildings. These individuals are key assets and will have the best knowledge of the facility. This knowledge will aid in making these plans more effective and in ensuring key responsibilities 30

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Long Island Region Mary Jo Bella mjbella@fiscaladvisors.com (516) 433-8555

Rochester Region Kelly Lathan klathan@fiscaladvisors.com (585) 502-5010

www.fiscaladvisors.com Founding firm member of the National Association of Independent Public Finance Advisors

Spring/Summer 2013

June 28– 30 Weedsport Cayuga County Fair

July 16–21 Ballston Spa Saratoga County Fair

July 3–7 Sandy Creek Oswego County Fair

July 13–29 Middletown Orange County Fair

July 9–13 Penn Yan Yates County Fair

July 22–28 Dunkirk Chautauqua County Fair

July 9–14 Cortland Cortland County Youth Fair

July 22–28 Boonville Boonville Fair (Oneida Co.)

July 9–13 Owego Tioga County Fair

July 23–27 Canandaigua Ontario County Fair

July 9–14 Watertown Jefferson County Fair

July 23–28 Whitney Point Broome County Fair

July 11–15 Brookfield Madison County Fair

July 25–28 Cairo Greene County Youth Fair

July 11–14 Afton Afton Fair

July 27–Aug 3 Cobleskill Cobleskill "Sunshine" Fair (Schoharie Co.)

July 15–20 Angelica Allegany County Fair July 15–20 Waterloo Seneca County Fair July 16–20 Batavia Genesee County Fair July 16–20 Hemlock Hemlock Fair July 16–20 Lowville Lewis County Fair July 16–21 Morrisonville Clinton County Fair

July 29–Aug 5 Little Valley Cattaraugus County Fair July 30–Aug 4 Caledonia Livingston County Fair July 30–Aug 4 Gouverneur St. Lawrence County Fair July 30–Aug 4 Horseheads Chemung County Fair July 30–Aug 4 New Paltz Ulster County Fair July 30–Aug 4 Morris Otsego County Fair

2013

NYS C ount y

Fairs

Visit the NYSAAF at www.nyfairs.org for more details on County Fairs.

July 31–Aug 4 Westport Essex County Fair

Aug 13–18 Frankfort Herkimer County Fair

Aug 1–3 Henrietta Monroe County Fair

Aug 13–18 Bath Steuben County Fair

Aug 3–11 Malone Franklin County Fair

Aug 19–25 Greenwich Washington County Fair

Aug 6–11 Norwich Chenango County Fair

Aug 20–Aug 25 Trumansburg Trumansburg Fair (Tompkins Co.)

Aug 7–18 Hamburg Erie County Fair

Aug 20–Aug 25 Rhinebeck Dutchess County Fair

Aug 10–17 Pike Wyoming County Fair

Aug 22–Sep 2 Syracuse New York State Fair

Aug 12–17 Palmyra Wayne County Fair

Aug 27–Sept 2 Fonda Fonda Fair (Montgomery Co)

Aug 12–17 Walton Delaware County Fair

Aug 28–Sept 2 Chatham Columbia County Fair

Aug 13–18 Altamont Altamont Fair (Albany/ Schenectady/Greene)

Aug 28–Sept 2 Schaghticoke Schaghticoke Fair (Rensselaer Co.)

NYSAC Fall Seminar September 25-27, Saratoga County The 2013 NYSAC Fall Seminar will be held in beautiful Saratoga County at the Saratoga Hilton Hotel from September 25th through 27th. Join us for NYSAC’s committee meetings, discussions of legislative priorities, timely and informational programs on the issues facing counties, and the installation of the next NYSAC President.

Wednesday, September 25th

Thursday, September 26th

8:30am–7:00pm Registration

7:30–9:00am

County Admins Breakfast Mtg

Saratoga Race Course Celebrates 150 years of Thoroughbred Racing By the Saratoga150 Committee

E

ach summer, the picturesque city of Saratoga Springs comes alive when the horses return for another season of world-class thoroughbred racing at the historic Saratoga Race Course.

• Native American Affairs

7:30–8:45am NYSAC Blue Ribbon Task Force on the Future of Farming: Breakfast Meeting

• Taxation & Finance

7:30–8:45am General Breakfast

Named one of the “Top 10 Sports Venues of the 20th Century” by Sports Illustrated, Saratoga Race Course was perhaps best described by legendary sports writer Red Smith who wrote, “From New York City drive north for about 175 miles, turn left on Union Avenue, then go back 100 years in time.”

• Economic Development,

9:00–10:15am

Now make that 150 years.

• Environment & Rural Affairs

10:15–10:45am Coffee Break in Exhibit Hall

• Public Health & Mental Health

10:45–12:00pm Workshop Session IV

• Transportation & Public Works

12:00–1:30pm

10:00–11:30am

11:30am–1:00pm

NYSAC Standing Cmt. Mtgs.

• Intergovernmental Relations

1:30–2:00pm Time to Visit Exhibit Hall

• Public Employee Relations • Medicaid & Human Services • Public Safety • Children with Special Needs NYSAC Standing Committee

1:00–7:30pm

Exhibits Open

2:00–3:00pm Meeting

NYSAC Legislative Committee

2:00–3:15pm

Workshop Session I

2:00–3:15pm

Workshop Session V

3:30–5:00pm Mtg

Joint Execs/Board Chairs/Admins

3:45–5:00pm

Workshop Session VI

Friday, September 27th 8:00–9:15am General Breakfast &

Joint Inter-County Breakfast • Resolutions • Closing Policy Forum

3:15–5:30pm Resolutions Cmt. Meeting 3:45–5:00pm

NYSAC Business Meeting Part I

• Inaugural Luncheon: Election of Officers & Directors

NYSAC Standing Cmt. Mtgs.

1:00–2:00pm Luncheon

Workshop Session III

Workshop Session II

In 1863, Saratoga’s first organized race meeting took place at the Saratoga Trotting Course, which today is known as Horse Haven.

The storied history of the celebrated race course includes wins and losses by the world’s best horses, jockeys and trainers. The venue maintains much of the same look and feel it had when the tradition of America’s most prestigious thoroughbred racing began in Saratoga Springs. The classic beauty of the race course transports visitors back to the Victorian Era of that first organized race meet on August 3, 1863.

The opening of the summer meet in the foothills of the Adirondacks is a cause for celebration every year, but 2013 will be especially festive as the oldest and, arguably, most renowned, thoroughbred racetrack in America marks 150 years of horseracing.

Triumphs and Upsets Many of the world’s most famous horses have triumphed at Saratoga and perhaps just as many have suffered stunning defeat, earning Saratoga the reputation as the “Graveyard of Champions.” It was here that the legendary Secretariat was denied the Whitney after sweeping the famed Triple Crown series. It was also here that the word “upset” entered the sports lexicon. In 1919, a horse named Upset defeated the legendary Man o’ War at Saratoga, the only loss suffered in his 21-race career.

Secretariat, who broke his maiden at Saratoga in the Sanford before capturing the Hopeful. In 1977, the sport’s last Triple Crown winner, Affirmed, repeated the run before going onto stardom a year later after sweeping the Kentucky Derby, Preakness and Belmont Stakes.

The crown jewel of the Saratoga summer meet is undoubtedly the Travers, the oldest major stakes race in the world for three-year-olds run at the classic distance of a mile and a quarter. Often referred to as the Mid-Summer Derby, the Travers is the start to the second half of the three-year-old season, following the classic Triple Crown series. In 2012, the Travers witnessed its first dead-heat in nearly a century and a half; the last occurrence was in 1874.

A Year-Long Celebration of Racing Saratoga has grown from a four-day meet in 1863 to a season that now runs for 40 days. Each summer, crowds that annually surpass 900,000 make their way through the gates to enjoy a day at the races. The charming backdrop of Saratoga Springs and the pageantry and style that accompany thoroughbred racing keep fans coming back year after year.

Saratoga will celebrate this special 150th race course season throughout 2013 with a series of special events that pay homage to the history and pageantry of this illustrious track and town.

This year, thousands of people will converge upon Saratoga to experience first-hand the unparalleled historic ambiance, impeccable style and world-class racing that have established Saratoga Race Course and the city itself as a top destination.

In the horse-racing world, Saratoga Race Course is recognized for its outstanding program for two-year-old thoroughbreds. Many of the sport’s most famous horses got their start on this track, including

*Agenda subject to change

6:00–7:00pm Reception Honoring

NYSAC Exhibitors & Sponsors

Join NYSAC in Saratoga!

Just weeks after the racetrack season wraps up, NYSAC members will be in Saratoga for the 2013 Fall Seminar.

Saratoga’s 150th anniversar y celebrations will continue into the fall. Visit www.saratoga150.com and www.nyra.com for a full listing of Saratoga150 special events.

Visit www.NYSAC.org/conferences/ for further details about Fall Seminar workshops, speakers, and lodging.

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Pelletier Institute Enhances County Leaders’ Public Service Skills

Pelletier Institute

ENROLLMENT FORM

By Jackie Dederick NYSAC Member Services Coordinator

T

he Dennis A. Pelletier County Government Institute is an educational program created by the New York State Association of Counties (NYSAC) and is a partnership between NYSAC and Cornell University. The program educates county leaders on the roles and responsibilities of county government, the relationship between each level of government, and gives them the tools they need to lead with integrity.

By the Numbers • Number of Pelletier Institute Certificate Graduates: 91 • Number of County Officials Enrolled in the Pelletier Institute: 69 • Number of People who have attended Pelletier Institute Credited Workshops: 614 To enroll, complete the registration form and send it to: Pelletier County Government Institute 540 Broadway, 5th floor Albany, NY 12207

What graduates have to say about the Pelletier Institute “The Pelletier program has given me a wealth of knowledge. The coursework is interesting and informative, and has given me a greater understanding of local government.”

—Carl Albano, Putnam County Legislator Class of 2013 “Since the beginning of my term, the Pelletier Program has been a great learning tool, providing me with a better understanding of county government and how it works.”

—Rev. Aola Jackson, Chemung County Legislator Class of 2013

“The Pelletier Program has enabled me to continue my government training in areas where I would not necessarily have had such an opportunity.”

—Dorothy Huber, Ontario County Supervisor Class of 2012

“The Pelletier Institute classes have helped me better understand my duties and responsibilities as a local elected representative and have provided much of the information necessary to make the difficult decisions that we must make at the county level in today’s economy.”

—Gregory Fagan, Fulton County Supervisor Class of 2012

Name

“The Pelletier Program is an excellent venue for public officials to share common concerns in pursuit of practical solutions.”

—John Sheppard, Ontario County Supervisor Class of 2012

Address

“I first met Dennis [Pelletier] in a Western NY Inter-county meeting at Watkins Glen. Dennis and I sat in the back seat of a 12-passenger van while going around the racetrack. Our friendship grew from that day forward. He was a true gentleman and a role model.”

—Larry Roger, Wyoming County Supervisor Class of 2012

Phone

“The classes have helped me better understand the role of our county board and the relationship to state government. I highly recommend that every elected official become accredited.”

—Milfred Potter, Oswego County Legislator Class of 2012 “I found the Pelletier program both rewarding and challenging. I would encourage anyone who is desirous of understanding the complex relationships between the federal, state and local governments to enroll in this program.”

—Richard Mayfield, Orange County Director of Operations Class of 2012

“The Pelletier program has provided me with the skills necessary to represent my county better. It has been a valuable experience, which I would recommend to any county official.”

—Daniel Martindale, Washington County Deputy Attorney, Class of 2012

“The Pelletier Institute has provided me with an opportunity to gain in-depth knowledge about a multitude of county government-related topics, which has enabled me to do a better job of serving the people of Saratoga County.”

—Thomas Wood, Saratoga County Supervisor Class of 2012

NYSAC News

Dennis A. Pelletier County Government Institute C/O NYSAC 540 Broadway, 5th Floor Albany, NY 12207

“The knowledge I gained through the Pelletier Institute has given me the cutting edge in representing my taxpayers.”

—Lynne Johnson, Orleans County Legislator Class of 2012

“The Pelletier Institute workshops have broadened my overall understanding of the workings of county government and have given me an extra tool set from which I can better do my job. I can’t imagine a more practical way to gain all this information.”

—Lawrence Caza, Schoharie County Executive Deputy County Clerk, Class of 2013

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Please complete this enrollment form and return to:

www.nysac.org

Spring/Summer 2013

Title County

E-mail

Fax Method of Payment: Enclosed Check

Bill Me

Dennis A. Pelletier was elected NYSAC’s First Vice President in September 2003, after serving four years as a member of the association’s Board of Directors. He also served as President of the NYS Association of Chairs of Legislative Boards, a NYSAC affiliate. Dennis Pelletier served as President of the Monroe County Legislature from 1998 through 2003 and had been a member of the legislature for 11 years. In 2003, he was appointed Executive Director of the Monroe County Water Authority, the position he held at the time of his death. During his career in county government, Dennis developed a strong reputation for his hard work to become fully informed on the issues. As President of the Legislature, he encouraged active debate concerning the impact decisions made by elected leaders would have on the lives of the citizens they represent. Even after the most contentious debates, Dennis was renowned for visiting the legislators he might have disagreed with to make sure that the tone of the political discussion was never personal and to attempt to achieve consensus on the important work ahead.

Enrollment Fee: $55.00

Required Courses Core Courses (20 credits)

Signature For more information on how to participate in the Dennis A. Pelletier County Government Institute Certificate of Achievement program, contact Jackie Dederick at the New York State Association of Counties at jdederick@nysac.org or call 518-465-1473.

NYSAC News

www.nysac.org

1. Principles of County Budget & Finance 2. Foundations of County Government 3. Public Sector Labor Management Relationships 4. Ethics 5. Building Consensus in a Political Environment Elective Courses (10 Credits) Continuing Education (4 Credits)

Spring/Summer 2013

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Boost Your County’s Purchasing Power

Increasing New York’s Low Organ Donor Rates

By Nicole Correia NYSAC Communication Coordinator

By Julia E. Rivera Director of Communication, New York Organ Donor Network

I

magine you are planning your daughter’s wedding, worried about location, invitations, family, and all of a sudden your entire world turns upside down because you need a liver transplant. You are determined to beat the best high school soccer team in town, but you collapse in the middle of practice and are told you cannot play anymore because you need a lung transplant. You are looking forward to meeting and spoiling your new grandchild and are told the baby will not survive without an immediate heart transplant. This is not fiction. These are real stories. It can happen to anyone. Every two and a half hours another New Yorker is added to the waiting list.

The shock of knowing you or someone you love needs a transplant is overwhelming. Instead of checking the wedding invitation list, discussing the competition, or introducing the youngest member of the family, patients on the waiting list and their loved ones are hoping to hear if a lifesaving organ has been found.

Currently, over 117,000 patients are waiting for an organ transplant.

Ten percent of those waiting live in New York. They may be your neighbors, your colleagues, sometimes they are members of your own family.

One organ donor can save up to eight lives and improve the quality of life of more than 50 people through eye and tissue donation.

A recent study found that New Yorkers support organ donation.

However, only 21 percent of eligible New Yorkers [18 years and over] have signed up on the New York State Donate Life Organ, Eye and Tissue Donor Registry [Donor Registry] compared to the national average of 45 percent. New York can do better.

Counties Can Make a Difference Government officials, professional associations, community organizations and businesses—in partnership with the New York Organ Donor Network [NYODN]—are forging new initiatives to ensure New Yorkers realize the urgency and sign up on the registry.

Last year, the New York State Department of Motor Vehicle [DMV] added an online organ donor enrollment feature to their interactive site. New Yorkers can now sign up on the Donor Registry via www.MyDMV.org. This year, DMV went the extra mile and is now running public service announcements with Dr. Oz to encourage their clients to register.

The New York State Association of County Clerks [NYSACC] has demonstrated time and time again their commitment to advance education about organ donation and make a difference. Presentations at Naturalization Ceremonies initiated at Rockland County were replicated in Orange, Dutchess, Putnam and parts of Westchester County. Donation drives at community events organized and staffed

by Donate Life Community Groups such as the annual Dutchess County Fair, Lap4 Life in Orange County, TSL [Transplant Save Lives] Walk-a-thon and the high school initiative by the Transplant Support Organization [TSO] in Westchester are making a difference.

Orange County was already engaged when the news that County Executive Ed Diana needed a liver transplant hit home. Unlike most patients waiting for transplants who remain invisible to the general public, Executive Diana’s story has ignited action in all corners of the state proclaiming the importance of organ donation. NYODN applauds the New York State Association of Counties and NYSACC for their efforts to increase organ donor registration rates in New York.

New York has the best hospitals, the most advanced transplant centers and the top surgeons in the world. There is no reason why anyone should be waiting for a lifesaving transplant. We hate the wait and we know most New Yorkers will once they are informed.

For more information, visit us at www.hatethewait.org. Sign up to be an organ, eye and tissue donor today, and then encourage your county’s residents to do the same.

I

t’s an understatement to say New York’s counties are varied. From farmland to the nation’s biggest city, from densely populated to the forever-wild, our counties differ from one another in many ways.

There is one thing that all of our counties have in common, though: every county wants to save money while continuing to provide valuable services to residents.

One way to meet this goal is to increase your county’s purchasing power, or the amount of goods and services your county can purchase within its current budget. Increasing your purchasing power means getting more for each tax dollar.

NYSAC-Endorsed Solutions Part of NYSAC’s mission is to help counties meet the challenges they face and support them in providing the programs and services residents depend on. To that end, NYSAC offers a range of solutions to up your county’s purchasing power.

As a NYSAC member, your county has access to programs designed to save money and help county governments operate more efficiently.

NYSAC has done extensive research into the best programs and services to meet counties’ needs. The solutions below address many of the challenges facing counties.

Municipal Electric and Gas Alliance (MEGA) MEGA is a New York State county-based organization established to help local governments save taxpayer dollars by buying electric and gas in bulk on the utility market.

MEGA’s mission is to achieve the most competitive prices for electricity and natural gas in order to minimize the cost of energy in the near term. MEGA also supports energy cost savings in the long term through promotion of energy conservation and development of alternative energy resources.

PFM Purchasing Card The PFM Purchasing Card Program is easy-to-use and designed to save municipalities time and money. PFM’s P-Card Program enables your county to: • Streamline administrative processes • Reduce direct and indirect costs • Provide flexibility and employee convenience • Protect against fraud and employee misuse • Generate a revenue stream via a revenue-sharing partnership The card: • Has no card fees, minimum spending limits, or cancellation fees • Requires no minimum contract period • Requires no capital investment • Offers control features to set spending limits by cardholder or

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transaction on a daily, weekly or monthly basis • Allows direct download of monthly activity to financial systems • Uses the MasterCard® platform and is managed online • Participants receive rebates on their purchases when their annual “spend” is $50,000 or above • Every dollar spent qualifies for rebate; no restrictive qualifiers • $0 liability for a lost or stolen card

U.S. Communities U.S. Communities is the leading national government purchasing cooperative, providing world-class procurement resources and solutions to local and state government agencies looking for the best overall supplier government pricing.

Getting started is quick, easy and completely free. A county just has to register online at www.uscommunities.org. There are no restrictions on the amount or size of a public agency order.The program features: • No user fees – no costs or fees to participate • Best Overall Supplier Government Pricing – by combining the potential cooperative purchasing power of up to 90,000 public agencies, suppliers commit to provide their best overall supplier government pricing • Quality brands – thousands of the best brands in a wide variety of categories, services and solutions • Integrity and experience – founded by five national sponsors and over 70 state, city and regional organizations • Oversight by public purchasing professionals – third party audits on contracts ensure that program pricing commitments are met, with benchmark analyses against other suppliers and retailers to guarantee participants the best overall value

Government Debt Recovery Program (NCSPlus) NCSPlus provides a debt recovery solution specifically for local governments. If your agencies or departments are using a contingency fee based debt recovery program, you are probably paying too much and collecting too little. NCSPlus offers an innovative way to manage accounts receivable for less than 10 percent per account, regardless of the amount owed.

The program features: • Collection rates significantly higher than the contingency fee approach • Low cost, fixed fee method (as low as $10.00 per account) • Payments made directly to your county • Customized letters • High level of customer service • 400 percent ROI Guarantee on qualified accounts For more on NYSAC’s programs and solutions, visit www.nysac.org/about/Partnership_Programs.php

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NEW COUNTY LAWS: Phone Directories, Hurricane Sandy, And Pawnbrokers

Helping Navigate Stormy Seas: Cyber Security Conference

By Patrick Cummings NYSAC Assistant Counsel Suffolk County: New Law to Deter Leaving the Scene of an Accident In April 2013, Suffolk County passed a local law with the intent of deterring motorists from leaving the scene of an accident. The law grants the County Attorney, or their designee, the power to seize a vehicle involved in a hit and run accident.

The Legislature found there were 5,555 reported hit and run accidents in 2012 within Suffolk County. The Legislature further found that hit and run drivers “place the public in peril of injury and stronger penalties are needed to deter individuals from unlawfully leaving the scene of an accident.”

The law applies in instances where a hit and run accident causes a serious physical injury to the victim and the individual responsible is arrested for violating New York Vehicle and Traffic Law 600(2). In these instances, the county can seize the automobile involved in the accident.

Monroe County: Proposed Law to Regulate Pawnbrokers, Secondhand Dealers Monroe County has proposed legislation that would regulate pawnbrokers and secondhand dealers within the county in order to curtail stolen product sales. This legislation would also establish uniform procedures and tracking regulations for pawnbrokers assisting local police in efforts to trace and recover stolen property.

This proposed law would prohibit pawnbrokers from the following activities:

The county is obligated to promptly notify the owner that their car has been seized.

The county must also provide the vehicle owner a fair hearing to determine if there was probable cause for the determination the violation was committed and that the car seized was the same car involved in the accident.

If the seizing agency meets their burden of proof, the county may continue retention of the vehicle pending any judicial appeal.

Albany County: Proposed Local Law to Reduce Waste Associated with Heavy Telephone Directory Distribution

The proposed law places the burden on any entity distributing telephone directories in Albany County to ensure the directory is printed on recyclable paper and that they are not printed with inks that contain heavy metals “or other toxic material.” Additionally, the distributor must provide clear notification on the directory informing the public that they can opt out of receiving the directory in the future.

T

hese are stormy times in the world of information technology.

“Zero day” attacks exploiting previously unknown software vulnerabilities are common place. Employees are using their own mobile devices to access work networks. Increasingly, organizations are pursuing cloud computing solutions to speed implementation and contain costs. Hacktivists, scammers, insiders, organized crime, as well as nation states, are contributing to the growth of cyber crime.

Our Nation’s critical infrastructure has become the target of cyber attacks. No organization - government, large or small business, notfor-profit, or school - is immune. It is likely that all such organizations have experienced the effects of a cyber incident, endured a virus outbreak, received a phishing email or had a network and website scanned for vulnerabilities. Help is needed to safely navigate an organization through these threats and risks.

Did you know?

• purchasing secondhand materials from anyone under 18 years of age;

• 23% of users are running old or outdated web browsers, creating huge gaps in online security (Kaspersky Lab, Global Web Browser Usage and Security Trends, November 2012).

• destroying, altering or reselling any items before a 14 day waiting period has elapsed;

• SQL injection attacks rose 69% in the second quarter of 2012 compared with the previous quarter (Firehost Web Application Attack Report for the Second Quarter of 2012).

• conducting sales or purchases between the hours of 11 PM and 8 AM; • employing anyone who has been convicted of a felony offense in the past three years.

Additionally, this law requires that pawnbrokers take the following proactive steps:

The Albany County Legislature has proposed a local law seeking to reduce the amount of waste brought on by the high volume of telephone directory distribution. The local law states that every year in the United States an estimated 650,000 tons of waste is attributed to discarded telephone directories. Additionally, the proposed legislation states that the manufacturing of telephone directories coupled with the waste they produce significantly increases greenhouse gases in the environment.

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Distributors found in violation of this local law are subject to a fine not to exceed $500.00 as well as the potential of imprisonment of up to 15 days in jail. If multiple violations have occurred from a single incident, the fine can be up to $2,500.00.

16th Annual NYS Cyber Security Conference (NYSCSC ’13) and 8th Annual Symposium on Information Assurance (ASIA ’13) June 4-5, 2013

• annually obtain a county issued license of operation; • obtain identification and a signature from all individuals selling and purchasing items; • upload all transactions to a database that is accessible by the Monroe County Sheriff’s Department.

• As of December 31, 2012, the Privacy Rights Clearinghouse had reported 680 breaches nationally that involved 27.48 million sensitive records (Privacy Rights Clearinghouse).

• 97% of breaches were avoidable through simple or intermediate controls (2012 Verizon Data Breach Report).

Why should you attend?

• Stay current on cyber security threats, vulnerabilities, and exploits • Cost-effective security training and peer networking • Catch up on industry developments and check out vendor displays in the exhibit hall • Find help for information security issues • Earn Continuing Professional Education (CPE) and CLE credits Registration is free to government and public school employees.

NYSCSC ’13 and ASIA ’13 are co-hosted by the New York State Office of Information Technology Services’ Enterprise Information Security Office (formerly known as the NYS Office of Cyber Security), the NYS Forum, Inc. and the University at Albany’s School of Business and College of Computing and Information. This year’s conference will offer a variety of sessions including topics for business managers, law enforcement, cyber security professionals, teachers, CIOs, technical staff, and others.

The conference agenda is available now. Plan to attend now and check back for updates at www.dhses.ny.gov/go/conference2013.

Please contact the Enterprise Information Security Office at cyber.outreach@ dhses.ny.gov if you have any questions.

Continued from page 38 law that allows qualified residents to waive multiple local service fees.

The Legislature found that Hurricane Sandy caused and continues to cause financial hardships to county residents and business owners, and that “it is in the best interests of the county to provide for a waiver of certain fees…in connection with the rebuilding effort.”

The local law waives the following fees to qualified residents:

Any individual that violates the law would be guilty of a misdemeanor and be required to pay a fine of $200.00 for the first offense, $1,000.00 for the second, and $3,000.00 for subsequent offenses.

• sewer disconnection/reconnection permits;

Nassau County: Law Providing Fiscal Relief to those Impacted by Hurricane Sandy

• block index and reindexing filing fees within the County Clerk’s office.

In February 2013, in recognition of the devastation and hardships brought on by Hurricane Sandy, Nassau County adopted a local

Learn more about these issues and how to respond effectively by attending the 16th Annual New York State Cyber Security Conference (NYSCSC ’13) and 8th Annual Symposium on Information Assurance (ASIA ’13) at the Empire State Plaza in Albany, NY on June 4-5, 2013.

Nicholas DeSantis, CPA Partner

• pre-demolition building inspection; and

To be eligible for the waiver, the resident must provide their issued FEMA case number. This FEMA case number must have resulted from property damage caused by Hurricane Sandy.

O’CONNOR DAVIES, LLP 500 Mamaroneck Avenue, Suite 301, Harrison, NY 10528 T: 914.421.5600 | F: 914.381.8910 www.odpkf.com

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Census Data Highlights: the Ins and Outs of Upstate NY Counties

New York’s Counties Thirty-five counties lost population between 2010 and 2012 and 27 counties gained population. The gaining counties are in the greater New York City area, in the Albany-Schenectady area, the western part of the North Country and in the Rochester-Corning-Cortland triangle. Erie County also gained, but just 44 persons in this period.

By Jan Vink and Robin Blakely Cornell University

C

ensus data is a useful tool for uncovering population trends in a given area. Earlier this year, the U.S. Census Bureau released the county estimates for July 1, 2012. Cornell University studied the data for New York, and highlighted some of the estimates and results when aggregating into the Economic Development Regions.

age group moved to Upstate for every 100 that moved away (a net increase). These migration patterns - not to mention their net effects on the region’s human capital - present challenges and opportunities for Upstate communities and the region as a whole.

Additional highlights of the most recent census data:

Within the data, the change in population is split in change due to natural increase and due to net-migration. Natural increase is the difference between the number of births and the number of deaths, net-migration the result of people moving in- and out of a region.

“

• According to the estimates, New York State gained 192,157 residents between April 1, 2000 and July 1, 2012.

Bronx, Jefferson and Kings [Brooklyn] all gained just over 2% of their population because of their number of births exceeding the number of deaths.

For only 15 counties it is estimated that there were more people moving in than moving out. The relative largest surplus was in Jefferson and Schuyler (both 1.2%).

The relative largest deficits caused by migration were in Schoharie (-2.0%) and Madison (-1.7%).

County-level census data is a powerful tool for examining population trends and determining the needs of county residents. For additional data and statistics on population trends in New York’s counties, visit http://pad.human.cornell.edu/NYMinutes/NYMinute55stats.cfm

2010-2012 Census Changes Per County

• Four economic regions lost population since the latest Decennial Census; the numeric loss was largest in Western New York (- 4,115), the relative loss was largest in the Southern Tier (- 0.6%).

• In all regions there were more births then deaths, but in the Mohawk Valley, the Southern Tier and in Western New York this natural increase caused just 0.1 percent of population growth.

The chart below examines net migration along a variety of movers’ characteristics, including age, sex, income, educational attainment, and poverty status. For example, for every 100 people age 70-74 who move out of the Upstate region, only 43 move in (a net decrease in this age group). In comparison, 149 people in the 18-19 year old

• Net-Migration was negative (more people moving out then moving in) in seven out of 10 regions and was most negative for Central New York (- 6,077 or - 0.8%). The three regions with a positive net-migration were the Capital District, New York City and the North Country, all contributing just 0.1 percent or less to the growth of the population.

Difference

From Natural Increase

Count

%

Count

Rate

From Net-Migration Count

Rate

New York State

19,378,104

19,570,261

192,157

1.0%

209,696

1.1%

-14,551

-0.1%

Capital Region

1,036,424

1,039,299

2,875

0.3%

2,673

0.3%

482

0.0%

Central New York

791,940

789,960

-1,980

-0.3% 4,341

0.5%

-6,077

-0.8%

Finger Lakes

1,200,247

1,202,667

2,420

0.2%

5,904

0.5%

-3,242

-0.3%

Long Island

2,832,879

2,848,506

15,627

0.6%

19,468

0.7%

-2,914

-0.1%

Mid-Hudson

2,290,850

2,309,452

18,602

0.8%

22,861

1.0%

-3,529

-0.2%

Mohawk Valley

622,127

619,763

-2,364

-0.4% 654

0.1%

-3,005

-0.5%

New York City

8,175,136

8,336,697

161,561

2.0%

149,287

1.8%

12,241

0.1%

North Country

356,497

359,979

3,482

1.0%

3,088

0.9%

188

0.1%

Southern Tier

672,325

668,374

-3,951

-0.6% 696

0.1%

-4,514

-0.7%

West. New York

1,399,679

1,395,564

-4,115

-0.3% 724

0.1%

-4,181

-0.3%

NYSAC News

Schoharie County relatively lost the most population (-2.0%), followed by Delaware (-1.5%) and Madison (-1.4%). Numerically, Broome County lost the most residents ( -2,540). Broome is followed

by Chautauqua (-1,366) and Niagara (-1,345).

• Six economic regions gained population. New York City gained the most in both number (161,561) and in percentage (2.0%).

According to recent American Community Survey data, more people moved out of Upstate New York to another state than moved in (20072011). In fact, only 85.5 persons moved in for every 100 who left.

While this out-migration trend has caused concern, the characteristics of those entering and leaving the region have also attracted attention.

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Kings county [Brooklyn) was numerically the county with the biggest gain, 60,935 persons. It is followed by three of the other New York City boroughs: Queens (42,046), New York [Manhattan] (33,217) and Bronx (23,365).

• That is a growth of 1.0 percent over that period. Natural increase would have caused a growth of 1.1 percent, but there was a small loss due to 14,551 more people moving out of the state then moving in.

[In] Upstate New York…only 85.5 persons moved in for every 100 who left.”

Census 2010 Estimate 2012

Jefferson County was relatively the fastest growing county (3.5%), followed

by Kings [Brooklyn] (2.4%) and New York County [Manhattan] (2.1%).

In 13 counties the number of deaths between April 1, 2010 and July 1, 2012 exceeded the number of births; they have a negative natural increase. Delaware and Otsego lost 0.5% of their population due to this negative natural increase.

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