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LEGISLATOR ED DAY "People over Politics"
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Serving his Community ... ONLY his Community
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LEGISLATOR ED DAY SUBMITS LEGISLATION ESTABLISHING A “PATIENTS BILL OF RIGHTS” IN ROCKLAND COUNTY
New City, NY (May 22nd, 2008) – Legislator Ed Day has submitted legislation to establish a local law entitled a “Patient’s Bill of Rights” that would provide for greater safeguards and protections when citizens here in Rockland County interact with local health care providers. “In its simplest terms, I look to craft common sense, advocacy based legislation in direct response to a number of concerns expressed to me by many of my constituents” said Legislator Day. Health care providers would be barred from requiring a full social security number from patients unless the number also served as the patient’s insurance identification number or was otherwise required by state or federal statute. Legislator Day believes that in this era of identity theft, the unnecessary documentation of this critical piece of personal information that typically finds it way onto the same sheet of paper that includes an address, date of birth, and driver’s license information is an invitation for abuse by anyone who can gain access to these records. Other aspects of the legislation would direct medical providers to verify the date of a patient’s previous annual examination prior to scheduling new appointment to avoid unnecessary costs to the patient. “Many preventative screenings, such as prostate, mammograms, and physicals, are covered once a year. Knowing the exact date you are eligible will prevent a patient from unnecessarily spending hundreds of dollars out of pocket”, said Legislator Day. With the increasing use of off site vendors by medical providers for patient billing, Legislator Day spoke of the difficulties patients are now experiencing when a simple phone call to the doctor’s office once clarified any billing matter. “There are medical practices that now use a call center for telephone inquiries, and another vendor to send bills to patients, making it increasingly difficult for patients to get answers”, said Legislator Day. This legislation would establish a “reasonable and timely” response mandate, envisioned as two business days, to patient’s billing inquiries of medical providers. The legislation would also prohibit “balance billing” when not part of a medical provider’s contract with an insurance provider; bar the use of “open ended billing agreements”; provide full disclosure of charges for procedures upon the patient’s request; and mandate due diligence and responsibility of medical providers to ensure that once a patient is informed that their insurance covers a visit, that a potential patient can absolutely rely on that representation. “I have personally experienced incidents where I verified that a doctor was within an insurance network, had that confirmed by their office staff, and after the fact was told that they do not participate and was then charged the entire amount for the visit” said Legislator Day, adding that “this amounts to a bait and switch tactic that would not be tolerated anywhere, and medical providers, not unsuspecting patients, should be held accountable for these errors”. Legislator Day concluded by saying that “I look for a positive interaction with the medical community that will help create legislation that is fair and balanced”, adding that “we must not lose sight of the fact that patients have rights as consumers, and should not forfeit those rights at any time, particularly when they are under the stress of medical need.” ********** LEGISLATORS DAY AND JOBSON INTRODUCE LEGISLATION TO CAP COUNTY SPENDING ON PUBLICLY FUNDED ARTWORK
New City, NY (May 8th, 2006) – Legislators Ed Day (New City-Haverstraw) and Doug Jobson (Stony Point-Haverstraw-Ramapo) today introduced legislation that would amend Local Law and establish a reasonable spending cap for artwork financed by the Arts in Public Places law. (THIS BILL DIED IN COMMITTEE IN JUNE, 2006 AND HAS BEEN RE-INTRODUCED ON NOVEMBER 17, 2009)
Legislator Day said “Government should respect the same realities that our families face, and should not automatically increase spending based on a percentage of a project’s cost.” He added that “While we in government can certainly respect and cultivate the need and desire for art in the public view, we also need to understand that the people’s ability to fund such projects also requires the same respect.”
Local Law #6 was enacted in 1986, and provides that capital projects shall include the appropriation of funds equal to 1% of the cost of the project for the first $15,000,000 appropriated. Legislators Day and Jobson both noted that provides for a maximum of $150,000 in funds, which they believe to be “well beyond both need and the realities our constituents face in their daily lives. Simply put, it is a lot of money”.
The legislators’ amendment would maintain the percentage in order to protect smaller projects, but establish a $75,000 cap regardless of the scope of the undertaking. They pointed out that construction costs have gone up over the last twenty years, and to establish reasonable limits on ancillary costs makes sense, given the increases in the family budgets many are feeling right now.
“Like our constituents, while we cannot control certain costs such as gas, utility, interest rates, and insurance, which makes it all the more critical to control the costs that we can”, said Legislator Day.
The proposal also allows for the utilization of additional funds to enhance the surrounding area around the site. The legislators feel that it is illogical to create a beautiful work of art, and then site it where obvious needs, for whatever reason, are not tended to. Legislators Day and Jobson pointed to parks and playgrounds as examples, and noted that three Rockland public playgrounds were cited in a recent report by NYPIRG as being unsafe and dangerous for our children.
Legislator Jobson said “This is a small, reasonable step to have monies available for obvious need. County government can use these funds for something that will enhance the beauty of the site beyond the immediate work of art.” Legislator Day added that “Having a broader view of the project, regardless of what level of government funds it, recognizes that ‘public art’ can also be ‘living art’, and the community we serve benefits from that concept.”
The amendment will be submitted to the appropriate committee for consideration, and both legislators are hopeful that it can then be brought to the full legislature for public comment.
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Legislation Initiating the Process of Rockland’s Withdrawal from the MTA Scheduled for Hearing New City, NY (May 6th,2009) – Legislation submitted in January by Rockland County Legislator Edwin Day (New City-Haverstraw), Minority Leader, is scheduled to be reviewed at the May 13th meeting of the Legislature’s Economic Development Committee, and will commence the process that will enable Rockland County to withdraw from the Metropolitan Transit Authority (MTA). Legislator Day first questioned the rationale for involvement with the MTA during his freshman year in the legislature in 2006. As the Minority Leader, he presented as part of the 2008 Minority platform an effort to quantify the value of the MTA to Rockland residents, with that effort falling short largely due to a lack of input by anyone outside of the legislature. The formal intention to withdraw was announced as part of the Minority legislative address this past February, and with the overwhelming financial impact of a pending MTA rescue plan looming over the past few days, the Legislature introduced and unanimously passed an emergency resolution last night that authorized the County to request from the State a withdrawal from the MTA. “It is clear that the tentative rescue plan agreement reached in the State Senate earlier this week is not beneficial to Rockland County and would have a deleterious affect to county taxpayers and businesses” said Legislator Day. The tentative plan includes increases to motor vehicle registration fees, driver’s license fees and a controversial Mobility Tax of 34 cents per every $100 of payroll in Rockland, including all levels of government, business, and even not for profit organizations. All of these costs will be passed along in one form or another to local taxpayers. “The proposed plan also purports to spare the school systems from this tax, but in truth the alleged ‘reimbursement’ will come from taxpayers from another, yet to be announced revenue source”, said Legislator Day, adding that “This is no more than a shell game that I hold hope out our state legislators do not fall for.” Legislator Day added that “It is my consistent belief that our involvement with the MTA, which I have called a ‘Consortium of Inequity’, had questionable merit to begin with. The Mobility Payroll Tax is the last straw. That tax alone has the potential of adding 8 to 10% to the cost of living here in Rockland County, and given these turbulent economic times, could be the final nail in our economic coffin”. The meeting of the Legislature’s Economic Development Committee will take place on Wednesday, May 13, 2009 at 5:15 PM in the Legislative Chambers 11 New Hempstead Road, New City. Representatives from the MTA, County Transportation and Finance, Rockland Business Association, and a number of not-for-profit agencies have been invited. All residents and other interested parties are encouraged to attend. # # #
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Day Delivers Annual Legislative Minority Address Calls for Zero Based Budgeting; Withdrawal from the MTA; Summit Park Hearings New City, NY (February 4th, 2009) – Legislator Ed Day, the Rockland County Legislative Minority Leader, (New City-Haverstraw) presented the annual report of the Minority members of the Rockland County legislature at the Feb. 3rd regular meeting of the full legislature. During his fifteen minute public presentation, which was very well received by the approximately fifty members of the public who were in attendance, Legislator Day focused on a number of current issues, and called for a concerted effort to “permanently change the way we in Rockland government do business from here on in”. Legislator Day reminded those in attendance that during last years’ address, the Minority presented compelling information indicating a pending economic crisis, and then urged government to move quickly to minimize the impact. “We lost the one thing we could not afford to lose; valuable time”, he said. He urged the Legislature and the Executive branch to “give more heed to our words tonight”, and called for the immediate implementation of zero based budgeting for both the coming fiscal year and as a matter of policy from here on in. “After seeing County departments by and large simply increasing their budget lines by an average of 4% last year, we need to the process start at zero and justify each and every dollar requested”, said Legislator Day. He spoke of the unique mission of government that includes bringing public safety, education, human care, and valuable programs, emphasizing that the good things government does cannot distract from a responsibility to be “stewards and exacting caretakers” of the funds we collect from people. Legislator Day added that “We cannot be betrayed by inefficiency, waste, lack of forward thinking, or an attitude that the more we spend, the better everything will magically be.” Legislator Day announced pending legislation to withdraw from the MTA, citing the County Executive’s assessment that Rockland taxpayers are paying $40 million dollars over and above what we receive in value now, and should the “Mobility Tax”, a payroll tax proposed by the MTA be enacted, that would drive up costs of goods, services, and all property taxes. It would be levied on each level of government, very school district, all businesses, and even not for profits, thus driving the “value gap” to $100 million dollars per year. The MTA has also announced fare increases ranging from 33% to 75%, and service cuts that include their recently established and much publicized weekend service on the Pascack line. Noting that the present “value gap” equals nearly two thirds of all County property tax collected, and with the potential that number could become nearly double the amount of County property taxes, Legislator Day added that “This has gone from a bad deal to sheer madness, and we need to engage in our own ‘Rockland brand’ of ‘mobility’ by walking away.” Saying that “Government is measured by how we care for the less fortunate and helpless among us”, Legislator Day stated that it was the position of the Minority that committee meetings be held to get to the bottom of the circumstances surrounding the tragic death at Summit Park Hospital, where last September 7th, an elderly nun succumbed to injuries suffered when a closet fell on her a week earlier. Reports in the media indicated that this was the third such similar incident, and fines have already been levied against the County. Legislator Day said that “we have an absolute right, indeed a solemn duty, to know exactly what occurred and to ensure that the issues cited by the State have been fully remediated. Legislator Day detailed an aggressive legislative agenda for the Minority, including a number of health, cost containment, safety, and youth protection initiatives. He pledged that the Minority would work with their colleagues in the Legislature and the Executive branch as the Legislature’s “loyal opposition”, never losing sight of the fact that “now more than ever, we all need to put people over politics”. He closed his comments urging citizens be “active participants in the process” and with a tribute to the men and women who serve in the armed forces. While acknowledging the many people who contribute of themselves to the Rockland community, Legislator Day said that “It is these warriors who serve with one noble purpose; to allow all of us to gather and debate in chambers such as these across this great country.” |
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COMMUNITY VIEW JOURNAL NEWS November 11, 2008
BLAME FOR SEX OFFENDER's $661K BILL GOES BEYOND 'SAFETY ZONE' LAW
Edwin J. Day November 11, 2008
Re "Sex offender's upkeep: $661G and counting," an Oct. 26 article that reported taxpayers were footing the bill since April for a sex offender to live at the county's Summit Park hospital, because the man has been unable to find appropriate housing. As the legislator who sponsored Rockland's Pedophile Free Child Safety Zone Act, I am compelled to clarify the reported misinformation by county officials and other sources. Some in the article blame the safety zone law for keeping Level 3 sex offender Christopher Palma in Summit Park hospital for months, costing taxpayers hundreds of thousands of dollars. The law is not at fault; it is the lack of management by the county government and probation department that has let Palma stay at Summit Park instead of finding proper housing. The 2007 county law bans Level 2 and Level 3 sex offenders from living within 1,000 feet of a school, park, day care center or other facility dealing with children. Such legal buffers allow law enforcement to intercede before a crime is committed upon a child. It seemed incongruous to me that, prior to the law, a predatory sex offender had every right to lurk about, work, or reside near places where our children congregate, while a police officer who knows who he is had absolutely no authority to challenge him. Some have objected to the law, citing "state statistics" claiming sex offenders have the lowest rate of recidivism. That "study" was a three-year snapshot that ran counter to all evidence within the law enforcement community. In-depth, 15- to 25-year studies show a typical 25 percent rate of return to prison for such offenders within seven years, and a 70 percent rate of eventual re-incarceration. Those studies reflect the reality I have seen as a law enforcement professional trained in disciplines that include sex crimes and child-abuse investigations. In the Oct. 26 article, Palma contends there is no appropriate housing for him because of the safety zone law. Housing for sex offenders does exist, as witnessed by the notices parents get from the schools when an offender moves into our community; offenders can move out of Rockland anytime; and Level 3 Sex offenders are monitored for life. While most cases of child sex abuse involve someone the victim knows, we cannot ignore recent incidents of sexual assault, including a 14-year-old boy abducted near a library in New Rochelle; a reported assault two 15-year-old girls coming home from school in Port Orchard; and a reported attack of an 11-year-old boy coming off a playground in Middletown. Shouldn't police be empowered to intercede before a tragedy occurs? We need this law because the system is failing. Rockland Probation Officer Jennifer Williams, who supervises released sex offenders, has stated even before the law, she made sure sex offenders didn't live near places such as schools and active parks. Maybe Ms. Williams can explain exactly how Palma was able to move only 700 feet away from and right down the street from Franklin Elementary School last spring. Who caught this? The school PTA! They contacted the Orangetown Police, who advised Palma he was in violation of the new law and had to find other accommodations. Palma then voluntarily entered Summit Park's in-patient crisis unit. Two weeks later, when doctors cleared him for release, he reported having nowhere to go that would comply with the safety zone. So he remained, and our county embarked on an expensive, handsitting exercise. County Executive C. Scott Vanderhoef says that the law provides a "false sense of security." Having taught children for years on how to protect themselves from abuse, I find that personally insulting and simplistic. Mr. Vanderhoef is ill-equipped to make that observation, either through experience or training. Here are the real questions: Why was Palma admitted to Summit Park? Was the process competent? Who is responsible here? Would it not make more sense to get these answers early instead of watching the bills pile up? Why was no alternative housing found? How did he move near a school in the first place? Mr. Vanderhoef, the day-to-day manager of government, should focus on a process that put a pedophile ahead of law-abiding taxpayers here in Rockland. This cost results not from the statute that empowers our cops to intercede in protection of our children, but rather from inept Probation Department oversight and lax attention to what's going on at the hospital. Finally, there is no substitute for our children having the educational tools that helps prevent them from becoming victims, and I urge parents to teach their children these skills to help keep them safe. The writer is Rockland County legislator, representing District 5, and Minority Leader of the County Legislature. He is a retired New York City Police Detective Commander and Baltimore Police Chief of Detectives.
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LEGISLATORS DAY AND JOBSON SUBMIT LEGISLATION SUPPORTING PROOF OF LEGAL RESIDENCE IN THE UNITED STATES FOR LICENSING BY THE DEPARTMENT OF MOTOR VEHICLES New City, NY (October 19th, 2007) – Legislators Ed Day (New City-Haverstraw) and Doug Jobson (Stony Point), today submitted local legislation in support of New York State Senate bill S6484, which would strengthen the existing requirements for obtaining driver’s licenses and non-driver identification cards. “Recent directives by Governor Spitzer that will now allow persons who are here illegally in this country to become licensed by the State Department of Motor Vehicles are simply wrong and completely ill advised from a security perspective. As a law enforcement and security expert, I resent this policy being peddled as some sort of safety initiative”, said Legislator Day, a security consultant who has served in command positions with the New York and Baltimore City Police Departments. Last month, Governor Spitzer announced he directed the Department of Motor Vehicles to commence the licensing of undocumented immigrants, along with an estimate of up to one million people being eligible. To accomplish this, he is suspending existing administrative policy and contradicting existing VTL statute that requires applicants to have either a social security number or proof of ineligibility from the Social Security Administration. The critical issue of exactly how someone’s actual identity can be verified by DMV was initially referred to as a “6 point test”, but with no accompanying specifics announced. Legislator Day said “Subsequent assurances of utilizing yet to be obtained technology depicted by one county clerk as a ‘magic box from Albany’ is cold comfort indeed, considering Spitzer’s policy becomes effective in only six weeks; letters have already gone out to over 150,000 people whose identity is in question; and not one employee in the DMV has either seen nor been trained in any of this supposed technology or document verification.” The Senate Bill is a direct response to Governor Spitzer’s plan and a DMV report showing an increase in the number of cases of illegal aliens fraudulently obtaining and using state driver’s licenses. The legislation, which complies with the Federal REAL ID Act, would require proof of authorized presence in the United States, and specifically lists a number of ways that citizens and non-citizens alike can obtain both permanent and temporary driver’s licenses and non-driver identification cards. Legislator Jobson said “It is unfortunate that common sense needs to be legislated here”, adding that “this bill will strengthen the rules and have absolutely no negative effect on those who do things lawfully, and will also make for a more secure identification system.” Both legislators also pointed to the ease in which people who are here in this country illegally will be able to use these new licenses to register to vote. The current voter registration form relies on either a driver’s license or the last four digits of an applicant’s social security number. “Why, particularly after the personal impact of “9-11” on the people of New York, the Governor would embark on a policy that is directly contrary to the Federal REAL ID Act is beyond belief”, concluded Legislator Day, adding that “We should be looking at truly enhancing security, not compromising it in the name of political correctness.”
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LEGISLATOR DAY DEMANDS THAT THE NEW YORK STATE DOT WITHDRAW CELL TOWER PROPOSAL IN NEW CITY
New City, NY (April 17th, 2006) – Legislator Ed Day today demanded that the New York State Department of Transportation immediately abandon plans to erect a 120’ cellular tower at their facility on Ridge Road in New City.
Legislator Day said “I have heard the arguments and listened to the rationale from the State, and I am convinced of only one thing; This tower is neither necessary nor belongs in this residential community.”
According to a March 8th letter sent by the Laura Lemire, NYS DOT Planning and Management, to residents, the proposal is presented as a “shared resource public safety and wireless telecommunications monopole” at their Ridge Road Maintenance Yard. A March 28th informational meeting, attended by Legislator Day and numerous residents, detailed the basics of the plan.
“There is very little sharing of anything in this proposal; It is about private cell companies taking up nearly the entire tower to further their competitive needs, not this community’s safety” Day said, adding that “the photographic renderings presented, which one would presume shows a best case scenario, were absolutely outrageous”, noting that one photo dwarfed a home on Rolling Ridge Road.
Legislator Day, whose background includes law enforcement and service on the Legislatures’ Public Safety Committee, stated that he obviously respects the need for public safety, but noted in his letter of April 13th to Robert A. Dennison, NYS DOT Regional Director, that this tower is truly designed to serve “private telecommunications”. He also noted that “This is a not a case of ‘Nimbyism’, as two other applications under consideration and that are near this site have met with such vehement opposition.”
In his letter to Director Dennison, Day also asserted that “I believe we both know that the driving force behind this particular siting is the immediate availability of space at the DOT facility, coupled with the private funding conveyed by these providers to the State coffers. Having private companies save us on tax dollars is smart government; To despoil the community that government is supposed to respect and serve is not.”
The DOT has placed the matter under review, but Legislator Day urged them to abandon this plan immediately because, as he put it, “It is simply not right, and I am convinced that a broader view will establish that this structure would be visible from as far away as Route 304.”
Legislator Day concluded by noting that “At a time when we are looking to beautify New City with fountains, landscaping, and artistic displays, I find it unbelievable that the possibility exists to have our hamlet defiled by a massive structure that could become some perverted sort of gateway to our community”.
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