Lack of Vision for Administrative Adjudication Bureau Leads to Uncertainty of Purpose HEZI ARIS

Hezi Aris Governance 2 Comments

NYS Legislature

YONKERS, NY — May 14, 2014 — Beginning on May 3, 2013, the City of Yonkers (CoY) requested authorization from Democratic Senate Leader Andrea Stewart-Cousins and Assemblymember Shelley Mayer request the New York State Legislature approve the merger of Yonkers Parking Violations Bureau under an Administrative Adjudication Bureau. The proposed legislation toward that end earned the support of the NYS Legislature, the signatures of Senator Dean Skelos and Assembly Speaker Sheldon Silver, earning approval by NYS Governor Andrew Cuomo by July 2013.

Yonkers Tribune heard Yonkers City Council Majority Leader John Larkin questioning why the Administrative Adjudication Bureau (AAB), approved for being implemented, but not yet functioning as NYS Legislation authorizes, was incorporated into budget projections when the issue of implementing the AAB continues to languish in committee within the Yonkers City Council.

Yonkers Corporation Counsel Michael Curti, Esq., is intent on composing the final AAB structure by week’s end in anticipation of gaining support from the Yonkers City Council and thereafter bringing about required public notice and subsequent public hearings.

As it stands now, the AAB would permit Parking Administration, Code Enforcement, Licensing, and the Parking Violations Bureau to fall in under the aegis of the AAB.

The present structural definition of the AAB denies someone charged with a misdemeanor his or her constitutional protection of having a judge present. NYS Law requires a judge’s presence. How will protections of the Law be satisfied by the present failings of language not yet included in the legislation?

Yonkers would be better able to “execute the law” which they requested of the NYS Legislature if they had fully fleshed the issues, as well as appreciated the needs and the visions demanded by the City of CoY. Let’s hope Yonkers contemplates the complexity of future requests of the Albany Delegation with greater exactitude.

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Hezi ArisLack of Vision for Administrative Adjudication Bureau Leads to Uncertainty of Purpose HEZI ARIS

Comments 2

  1. Another Spano patronage mill

    This bureau is purely for political patronage and nothing more. The argument was that the Yonkers Judges are overworked and the caseloads unmanageable. Bull Shit. Go to City Court at 3:00 pm any day and see how ma y judges are working or on the bench. Most days 3 sometimes 4. The others? Who knows. Next year there will be another judge in Yonkers to help with the caseload. If that’s the case why are we still goi g forward with this administrative adjudication bureau anyway? Oh, I forgot – so the Spano Patel ave mill can take care of a few more friends and family members.

    1. LIONS AND TIGERS AND MAYORS, OH MY

      Excuse me but you have no idea what you are talking about. John Spencer created this “bureau” in 1998 and staffed it with about 10 people, WITHOUT ITS EVER BEING SANCTIONED BY THE SENATE AND ASSEMBLY AS SUCH. Even the sponsoring Assemblyman, Gary Pretlow, withdrew support for many years. It eventually was somewhat disbanded through the years, but the PVP never stopped lobbying via home rule message, for its passage. I do believe the current city council sanctioned it several years ago, so I have no idea why they are now questioning its creation. I think it is a bad deal, give the fact that Building Dept. violations, the most critical, will not be included in this “bureau”. Moreover, I shudder to think what politically-appointed civil compromise hearing officers will do with this power.

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