Late Nassau County Legis. and Presiding Officer Peter Schmitt. (Oct....

Late Nassau County Legis. and Presiding Officer Peter Schmitt. (Oct. 12, 2011) Credit: Howard Schnapp

The GOP-controlled Nassau County Legislature is planning a high-stakes vote to authorize borrowing tens of millions of dollars for tax refund settlements and judgments, despite a pledge by Democrats to block the funding.

A supermajority of the 19-member legislature, including at least three Democrats, is needed to approve the borrowing.

Lawmakers at the special legislative session will vote on whether to authorize borrowing about $140 million, County Attorney John Ciampoli said. Presiding Officer Peter J. Schmitt (R-Massapequa) said he hopes to hold the vote on May 7.

Ciampoli warned that if the Democrats fail to authorize the borrowing, a judge could order that the tax refunds be taken directly from the county's cash accounts, potentially leaving Nassau unable to pay its employees.

"The Democrats will be held accountable for how they vote," he said.

But Minority Leader Kevan Abrahams (D-Freeport) said his caucus will vote against the borrowing. "We are concerned about the long-term repercussions that borrowing will have on the immediate and long-term budget," he said.

Abrahams called Ciampoli's predictions of hardship "exaggerations best left for fairy tales."

Schmitt said his 10-member caucus will support the measure and expects Democrats to "come to their senses and that we will eventually come together." He said a vote will only occur if Legis. Dennis Dunne Sr. (R-Levittown), who is recovering from leg surgery, can attend.

Democrats say the administration has yet to spend $14 million left from past borrowing for tax settlements, or to provide information identifying property owners getting refunds. Ciampoli said Nassau is spending the money and has provided Democrats with all the required data, though not in the form they want.

In December, Democrats also wrote GOP County Executive Edward Mangano stating that they would not consider borrowing for tax refunds unless there is a "fair" redrawing of county legislative districts this year. Ciampoli said the memo constitutes "an illegal quid pro quo." Last year, Democrats blocked a Republican plan to redraw districts they felt was partisan.

Commercial tax attorney Laureen Harris said her clients have 262 court-ordered refunds "sitting at the county treasurer's office" and another 180 that have been signed by the court. She said a lien on county bank accounts is an option if the legislature doesn't ensure payment.

"If there's not sufficient funds to pay the tax [refunds], as the attorney I have to review our options," she said. "One of the options is to attach the county bank accounts for double the amount owed. It's not a responsible alternative. We hope they do the people's business."

But she said, "I will do whatever I have to do to get these people paid and the tax bills reduced."Ciampoli represents Nassau in a test case that Harris brought to compel the county to pay. This week, Melville attorney Anton Borovina, the Democrats' outside counsel, asked that Ciampoli be disqualified from the case because his clients -- Republican and Democratic lawmakers -- have conflicting interests. Borovina cited several "prejudicial" statements Ciampoli has made against Democrats, including several published in Newsday.

Ciampoli said his office represents the interests of the entire legislature.

With Celeste Hadrick

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