Laura Curran to veto 2019 Nassau County budget amendments

Nassau County Executive Laura Curran will veto amendments to her 2019 budget after a state Supreme Court justice denied her request for a temporary order to stop the spending plan from taking effect, her spokesman said.

Justice Bruce Cozzens Jr. denied the temporary restraining order Monday afternoon, and the parties will have to be back in court on Nov. 26.

The Curran administration says the legislature failed to itemize spending increases in published legal notices. Administration officials also say lawmakers improperly boosted sales tax projections by $5 million. Only the county executive can change projections, administration officials say.

"The County Executive can’t support anything that wasn’t done with transparency or public notice," said Michael Martino, Curran's spokesman.

Curran, a Democrat, is planning to reject amendments including the addition of $1.6 million to begin the process of reopening closed police precincts in Manhasset and Levittown.

Curran also opposes the legislature's addition of $12.4 million to a contingency fund for potential new labor agreements with the county's major unions, and inclusion of money to restore bus routes and increase staffing for offices that serve minority communities. 

Presiding Officer Richard Nicolello (R-New Hyde Park) said in a statement, “The action commenced by the County Executive is a waste of taxpayer dollars. As soon as the legislature receives the veto, it will decide on scheduling an override vote.”

Minority Leader Kevan Abrahams (D-Freeport) said in a statement, “We believe the judge clearly made the correct decision by refusing to intervene in the legislative process. We are hopeful the parties can now come together and resolve this dispute in a manner that benefits Nassau County residents.”

Martino said in a statement, “We are disappointed with the court's decision. The legislature's attempt to pass the budget by emergency resolution negates the accountability and transparency that the public is entitled to under the county charter. We expect ultimately to prevail after the judge has considered all arguments. The County Executive will continue to champion proper disclosure to all taxpayers.” 

“This is a key separation of power issue. . . . You can’t do this end-run at the last minute,” Curran said in an interview Monday, before the hearing.

The legislature, with 11 Republicans and eight Democrats, approved the amended budget unanimously on Oct. 29. Curran, who is facing a Thursday deadline to sign the budget, was seeking a temporary restraining order to gain more time to resolve outstanding legal issues.

“They’re spending taxpayer money without transparency and without required public notice, clearly violating local law,” Curran said.

The legislature has seven days to reconsider the budget and can override her veto with 13 votes. The Nassau Interim Finance Authority, the state board in control of county finances, can accept the budget document or request further revisions. NIFA can make changes on its own after the legislature acts.

County attorney Jared Kasschau discussed his concerns about the legal notices during a legislative hearing on Oct. 29. Nicolello told Kasschau that lawmakers can pass the budget through an emergency resolution.

"If you need to, you can go ahead and sue us," Nicolello told Kasschau.

Curran said she was not suing to stop the precincts from reopening.

She acknowledged the possibility that if she wins the lawsuit, legislators still could enact the budget with the amendments she had opposed.

“That is absolutely a possibility,” Curran said. “At least the process is done correctly."

Curran also said, "Let’s not forget, I’ve got three more budgets in my term. I want to make sure my foundation is legal and doing it properly and transparently.”

A spokesman for majority Republicans, Frank Moroney, said the county charter allows itemized spending increases to be published after budget votes take place. Moroney said legislators have the power to change sales tax projections.

By Scott Eidler

scott.eidler@newsday.com@ScottEidler

Scott Eidler is a deputy editor for the towns department at Newsday. Scott has worked at Newsday since 2012 and previously covered municipal government and education.