Let the Sun Shine in at Scarsdale Village Hall

The myth is that our Scarsdale Village government is transparent, responsive to our residents, forthcoming, and open and honest in its dealings with the public.

The reality, sadly, is otherwise. This is perhaps best exemplified by the Village Board’s continuing unexplained refusal to reappoint the eminently qualified and hard-working volunteer, Jane Curley, to the Board of Assessment Review. Ms. Curley, a long-time resident, is a former NYS-licensed real estate appraiser and real estate agent who professionally validates financial models for large banking institutions. Instead, Ms. Curley was replaced by a completely unqualified newcomer to Scarsdale, a resident who has lived here only for two years and who has absolutely no real estate background whatsoever. But NY State law requires that members of the Board of Assessment Review be experts in valuing real estate in their locality. The three continuing members of the Board of Assessment Review objected to this action and demanded an explanation. The Village Board refused to respond to their request. So did Ms. Curley. She too was rebuffed. Is this how valued Village volunteers should be treated by our elected Village leaders? Really disgraceful behavior.

But there’s more. The Village Board adamantly refused to explain to the public how residents are selected to the various important Village and Town Boards, Councils, and Committees by the Village Board. When I asked the Village Board a few weeks ago at the Village what processes and procedures they used in making these selections, he was stonewalled by the childish and unprofessional answers of the Village Attorney and Trustee Finger who said: “We don’t have to tell you.”

That does nothing to inspire residents’ confidence in the fairness or integrity of the selection process, especially when the Board jettisons a particularly talented and experienced volunteer like Jane Curley and when it appoints a Trustee’s wife to a Village Council and another Trustee’s brother to a Village Board, while another Trustee’s wife sits as the Chair of another Village Council.

Is the Village Board’s process for appointing residents to Boards, Councils, and Committees so tainted by politics and patronage that Board members are embarrassed to discuss it publicly? Their silence speaks volumes.

That brings up another point regarding the opacity of Village Board decision-making. Important decisions are frequently voted upon at these Village Board meetings without substantial public discussion, by passing resolutions that must have been discussed amongst the Trustees out of the public eye.

The Open Meetings Law is designed to avoid just that. The business of government is required to be conducted in front of the public. The Open Meetings Law requires that notice to the public be given in advance of the meeting and that no government business will be conducted unless a quorum of members of the public body is present.

For instance, at the May 8, 2018 Village Board meeting, the Village Board considered and voted upon a Resolution regarding Wage Increases for Department Heads and Non-Union Personnel. The resolution concerned providing all non-union Village staff and department heads a 2 percent annual wage increase effective June 1, 2018. The resolution was read by Trustee Arest; there was no discussion; the resolution was moved, seconded, and voted upon; and the resolution was unanimously passed.

The ritualistic manner in which this resolution passed begs the question - Did the Trustees discuss this resolution amongst themselves before the May 8, 2018 Village Board meeting? If so, how did they go about it without running afoul of the Open Meetings Law?

The only reasonable speculation is that matters like this resolution are discussed by Trustees meeting like the animals on Noah’s ark – two by two, so as not to make a quorum. Or perhaps three will meet and then another three meet and discuss the matter, and never a quorum will be together at one time. Are we on to something here? The Trustees must do this to avoid the Open Meetings Law?

Why don’t they actually meet with a quorum and have working sessions like the School Board does so the public can see how they arrive at their decisions? That’s how the business of government is supposed to be conducted – openly – In the sunshine!

Now, let’s turn to this resolution specifically. As you know, we are living in a brave new world. With the federal government having essentially abolished SALT (state and local tax deduction) from our diet, the effective property tax rate for many of our residents has risen by 30-40%.

This is a devastating blow to many of our residents, especially our empty nesters who constitute about half of our households. So what are many of them doing already? Trying to get out of Dodge (Scarsdale) as fast as they can!

The early reaction in the real estate market is especially grim. In the first quarter of 2018, the inventory of houses on the market in Scarsdale has risen year over year, yet the number of sales plunged 46%, from 48 to 26.

The only segment of the market that has seen an increase has been houses over $4 million – those very rich folk who woke up on New Year’s Day as beneficiaries of President Trump’s tax-cutting largesse and who are indifferent to the SALT deductions.

Every other price level showed dramatic drops in house sales in Scarsdale. In the $3M - $3.999M category, 2 sold in the first quarter 2018 compared to 6 in 2017; in the $2M - $2.999M category, 4 sold in the first quarter 2018 compared to 8 in 2017; in the $1M -$1.999M category, 13 sold in first quarter 2018 compared to 28 in 2017; and in the below $1M category, 4 sold in first quarter 2018 compared to 5 in 2017.

The median sales price dropped in first quarter 2018 to $1.6 million from $1.78 million in first quarter 2017 – a drop of 10.1%.

It’s a little early to pin the blame entirely on the end of SALT, especially given the bad weather early this year, but much of the blame will undoubtedly fall on the tax law change.

And the Village government is not reacting to this new reality – which really does change everything.

Former Mayor Bev Sved was spot on in her Scarsdale Bowl speech the other week. She recognizes that we must adapt immediately.

The May 8 two percent wage resolution, however, was more of the same old same old. Year after year, during the budget planning sessions, our Village Manager gripes that most of the budget is fixed, and most of the budget consists of staff costs fixed by union contracts. And our Village Manager says the union contract negotiations are impossible to win under the Taylor Law, and yada yada yada. Yet here, without a whimper, and without any explanation to the public or any public discussion of rationale, compensation strategy, budgetary strategy, implications of the end of SALT, the Village Board gratuitously granted our Department Heads and non-union personnel a 2% annual salary increase.

They may well deserve the wage increase. They may well be underpaid and overworked. But where’s the data? Where’s the evidence? Doesn’t the public have the right to know? There’s been no showing that our Department Heads and non-union personnel are underpaid compared to other local comparable municipalities like Bronxville or Mamaroneck or Larchmont.

There’s been no showing that their benefits packages are lacking.

There’s no study of how their compensation package stacks up compared to their peers in comparable municipalities. There’s just another annual increase of 2% to keep up with their unionized brethren.

Here’s an example where the Village Board does have control over budgetary increases. And yet it chose not to exercise control; it never explained why it chose to grant the wage increase; it never provided data supporting its decision; it never publicly discussed anything about it. The public never even learned about this resolution until the Friday before the Tuesday evening Board meeting.

The Village government recently admitted that there’s no long term financial plan for the Village. Yet there are long-term financial implications for every wage increase. These wage increases cause our pension obligations to increase. Instead of reflexively granting these wage increases by resolution, there should be public discussion of our compensation policy towards staff.

What is our policy? Who decides it? Who negotiates our labor contracts? Who decides our strategy?

The public has absolutely no clue and no input. Yet we pay the taxes that pay those contracts. We should at least know the thought process behind it.

Our Village Manager and elected Village officials refuse to talk about these critical issues with us? This is no way to run a Village government. This is not open government at all. Shame on them. Shame on our residents for not demanding better.

Robert Berg is a longtime Scarsdale resident and is a volunteer member of the Board of Assessment Review.