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Published: 10 August 2010

Created: 10 August 2010

Last Updated: 10 August 2010

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Scarsdale’s own Robert Cohen is challenging veteran Suzi Oppenheimer for her seat in the NYS Senate. Oppenheimer has represented the 37th district for 25 years and Cohen thinks it’s time for a change. Scarsdale10583 posed some questions to the candidate to help you to get to know him and learn about his views on local, county and state issues. Here is what he had to say:

Were you previously engaged in politics?

While I have always had an interest in politics, this is my first run for public office. In Scarsdale I have been active in the community for many years, including with the fire department and with the Judicial Advisory Committee.

What made you decide to run for public office?

Like a lot of people, I look to Albany and I don’t like what I see. There seems to be no end to the increases in taxes and spending, but important programs still suffer cuts. Businesses are being taxed out of the state. Residents are being taxed out of their homes. The partisan gridlock is at an all time high. I think it is time to get rid of the career politicians responsible for the situation we are in and bring some new ideas to Albany. I have a unique skill set and viewpoint that comes from a successful career in the private sector, where Albany-like shenanigans lead to bankruptcy.

How has your life changed since you became a candidate for NYS Senate?

Truthfully it has been great. Most candidates say that they have less time for their family while they are campaigning and for me it has been just the opposite. My two daughters have been handing out literature with me at train stations, volunteering in the office, and going door to door together, my son has been doing the website and has been helping research the issues and my wife, who was the Senior VP of Finance for the Americas Region of British Airways, is the campaign treasurer and has been attending events with me. I am happy to be spending more time with them and to have had such a great team.

If elected, how would you begin to reform State Government?

Albany needs to get its house in order. That is why I support term limits to guarantee fresh ideas from new representatives. Career politicians, like my opponent who has been in the Senate for over 25 years, have had their chance, and clearly, they have failed. I also feel that member item ‘pork’ spending should be eliminated because taxpayers should not be expected to support a petty cash drawer for legislators to help them get reelected. I believe that legislators and their spouses should disclose all outside income, so we can be certain that there are no financial conflicts of interest. Lastly, I support the creation of a non-partisan commission to redraw legislative district lines. Legislators should not be allowed to determine who votes for them, the voters should choose their legislators.

The state needs to do a better job of prioritizing and reining in spending. The budget finally passed by the Legislature, with the support of my opponent, increases taxes by $4 billion, but somehow cuts state aid to schools by $1.4 billion. Something is amiss here.

Do you believe there is redundancy between the NYS Assembly and the NYS Senate? Do we need to run both bodies?

This system is modeled after the federal level (House and Senate), which was set forth by the Constitution. The State Senate and Assembly has provided checks and counterweights to the Executive and Judicial levels. Also the Senate and Assembly have provided balances against each other. If we were to do away with one or merge them then we would be without that balance. Certainly there are many ways for the Legislature to save taxpayer dollars and become more efficient, but I don’t believe dissolving one chamber would be in the best interest for democracy.

What is your opinion on the role of Westchester County Government – do you believe their work could be consolidated with municipal governments?

Consolidating Westchester County Government is certainly something that needs to be looked at. We are the highest taxed county in the nation and certainly something needs to change. We must be careful while making any changes to ensure that services that people rely on are still being provided.

You now have the endorsement of both the Republican and the Independent parties…in your view, why did you receive the Independent Party endorsement and how many voters are registered as Independents in this district?

While I do not speak for the Independence Party, I think I may have appealed to them because I am a new, independent voice without ties to the Albany establishment who can bring new ideas to the Legislature. There are a number of independent-minded voters out there who are, like me, are disappointed in some aspects of both parties, and I think my candidacy may appeal to them.

How would you bring more job growth to Westchester?

New York has long had a reputation as a bad place to do business and the rejuvenation of our economy needs to be a top priority and a long-term project.

I am proposing refundable tax credits for R& D and manufacturing to attract innovators and industrialists back into the state. We can also take advantage of new technologies by strengthening funding for university research programs in energy, green technology, medicine, and other promising areas of economic growth. We need to make it easier for investors to cut through the red tape with regulatory and tax reforms. Lastly, we need a plan to modernize our dated infrastructure, which hurts both consumers and businesses by making basic utilities more expensive.

The final budget just passed in Albany raised taxes by $4 billion and includes not one initiative for job creation. In fact, it cancelled more than $1 billion in business tax credits. That’s not a way to attract new business.

What is the MTA payroll tax and why do you believe it should be repealed?

The MTA tax was enacted last year to address the MTA budget gap. It charges employers throughout the 12-county MTA service area 34 cents for each $100 of payroll. My view is that it should be repealed because this is the wrong approach at the wrong time. This is not just a tax on business, but on charities, sole proprietorships, hospitals, and schools as well. The MTA is a huge bureaucracy and a top-heavy organization with many six figure salaries. The legislature should not have taken away from our children’s education because this organization can’t get its act together. This tax discourages growth, discourages hiring at a time when we are over 9% unemployment, discourages salary increases and affects everything from a 1 person business to the largest employer in the state.

If elected, how do you hope to effect change for Scarsdale and Edgemont residents?

I’ve lived in this community for over 20 years and your problems are my problems. Westchester residents pay some of the highest taxes in the nation. Albany’s relentless spending is compromising our quality of life, crippling our state's competitiveness, and clouding our children's future. My first priority will be to get state spending on a diet.

I also want to rein in the out-of-control property taxes that are making it very difficult for families to stay in their homes. We need to enact a property tax cap while keeping our priorities straight and making sure that Albany is sending school districts our fair share. The budget that just passed, and my opponent voted for, increases state spending and taxes, but cuts aid to education.

How can readers get involved in your campaign?

You can visit my website at www.bobcohen2010.com. There you can find details about my plans to reform Albany, cut spending, and cut taxes. You are always welcome to email the campaign at [email protected], or give us a call at 914-948-3003.

Anything else you want to add?

If I am elected you will have a more active, involved State Senator that is in tune with Scarsdale. I will be hands-on in dealing with issues and solving problems of every size and I will work in a nonpartisan manner to get the job done.

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Published: 18 August 2010

Created: 18 August 2010

Last Updated: 18 August 2010

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A recent court decision found that the Town of Greenburgh had violated the rights of the Fortress Bible Church in denying them approval for an application to build their church in Greenburgh. The saga spanned twelve years, starting in 1998 when the Church purchased property on Dobbs Ferry Road. Attorney Robert Bernstein, President of the Edgemont Community Council has been following the case and answers some questions below about what this ruling will mean for Edgemont and Greenburgh residents:

Question: The trial was held in June 2007. Why has it taken so long for the ruling to be issued?

Answer: Judge Robinson has had a reputation for taking his time issuing opinions, and three years is generally considered a long time. However, this was a bench trial that Judge Robinson presided over, and he made it clear on the record when the trial ended, and when final papers were submitted in June 2007, that he intended to rule against the Town. When a judge delays the issuance of a opinion where the result is a foregone conclusion, it is usually because he hopes the parties and their counsel will get the message and settle the case pronto. That, however, never happened. During the entire three-year wait for Judge Robinson's opinion, I am told that the Town never once engaged in settlement discussions. When Judge Robinson announced last month that he would be stepping down from the bench on August 11, that should have been an obvious sign once again to the Town to get this case settled, or face the wrath of a judge who made clear three years ago he would find against the Town.

Question: What did the court find?

Answer: The court charged the Town of Greenburgh with violating the Church’s first amendment rights of free speech, free assembly, equal protection and due process. They also found that the Town had discriminated against the church under the Religious Land Use and Institutionalized Persons Act or RLUIPA. The judge cited the Town for “"intentional delay, hostility and bias towards the Church's application.”

Question: How much does the Town owe the Church?

Answer: The Church must submit a new damage estimate consisting of (1) increased construction costs as a result of the Town’s delays – which could mean delays of as long as ten years; (2) increased traffic improvement costs as a result of the Town’s delays; (3) reimbursement of excess fees charged by the Town; (4) consultant fees; (5) attorneys fees for the Town’s having violated the Open Meetings Law; and (6) costs incurred as a result of the litigation, which could include millions of dollars in legal fees.

Question: Who will pay the estimated $4- $5 million in damages to the Church. Does the Town have insurance?

Answer: Taxpayers, not insurance, are expected to foot the bill for these millions of dollars in damages because the Town’s insurers notified the Town that they would not cover any finding of intentional violations of federal law. All of the findings today involve intentional violations of federal law. Specifically, the Town and Feiner were found liable for violating the Church's rights under the First Amendment's "free exercise" of religion clause, as well as the equal protection clause of the Fourteenth Amendment.

Question: Do you believe the Town could win an appeal?

Answer: In my professional opinion, the Town has virtually no chance of winning on appeal -- the factual findings are just too damning. In addition, interest will continue to accrue on the amount awarded while an appeal takes place.

Learn more on the Edgemont Community Council website:

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Published: 02 August 2010

Created: 02 August 2010

Last Updated: 03 August 2010

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The New York State Education Department just released test scores of proficiency tests in math and English given to all 3rd through 8th graders in New York public schools last spring.  For months prior to the release of the scores, the State Education Commissioner, David Steiner dithered about whether to adjust the "cut scores" -- or the baseline for determining proficiency on these tests.  Apparently research has shown that the New York State tests were not adequately measuring proficiency in math and English. But instead of methodically, collaboratively, and smartly revising and implementing new, more rigorous assessments, the Commissioner and the New York State Board of Regents decided to arbitrarily, retro-actively raise the proficiency bar for the tests already taken.  As a result -- the "proficiency" level of students in New York has plummeted through the floor -- all across the state -- from poor urban school districts to the wealthiest lily white school districts.   According to the New York Times, "The falloff in passing rates occurred statewide. This year, 61 percent of state students were deemed passing, or at grade level, in math, compared with 86 percent last year. Students also performed dismally on the English tests, with 53 percent passing, down from 77 percent.”

This act by the commissioner and the Regents comes well after school districts created and adopted their budgets for the succeeding school year -- and they clearly have no way to fund the deluge of mandated remediation.  For those students not attaining proficiency, the state mandates  "academic intervention services".  There's no way for school districts to now fund for the massive influx of required additional services for the upcoming school year.   Also, as a result of the arbitrary cut score adjustment -- many more schools will fail to show "adequate yearly progress" required under the federal No Child Left Behind law.  But the state education department in its infinite wisdom is seeking an exception this year due to the drop  in proficiency.  The department is also granting a one-time exemption for school districts from the additional remediation requirement.

So why do this at all?

Education Commissioner Steiner and Regents Chancellor Tisch said research shows the existing tests had failed to accurately predict whether or not students were truly proficient or whether they would be ready for high school or college coursework. “What has changed is that we are setting the bar higher,” said Tisch. “The same score that got you over bar last year is not enough to get you over the bar this year.”

How stupid is that? 

There are an infinite battery of testing regimens out there.  In fact, according to Newsday, some Long Island districts have been pining to use readily available assessments that are deemed far superior to the New York State tests to determine proficiency levels.  These test results are also available immediately.  They want permission to use a testing regimen developed by the Norwest Evaluation Association:  “We believe the NWEA gives us more information and better information and . . . teachers don’t have to sit around waiting for results,” said William Johnson, superintendent in Rockville Centre, a district involved in the push for alternative testing.  http://bit.ly/9cLIQ0

Look, it's fine to raise the bar -- raise the standards -- raise the expectations – and then design tests that measure what you want to measure. This act by the commissioner and the Regents defies common sense.  So now you have the spectacle of everyone bemoaning the quality of our public schools -- and the post-budgeting scramble to put together remediation programs for the additional non-proficient students -- while the state education department -- says “oops we goofed -- and please give us a bye on Adequate Yearly Progress.”  

So why was this done?  It’s the Race to the Top.

The Race to the Top has turned our educational leaders into groveling lap dogs pathetically begging for a slab of beef (or a piece of $700 million).  

Chancellor Tisch and State Education Commissioner David Steiner are front and center on this pull the rug out, knee-jerk, illusory suck up to Education Secretary Arne Duncan and the Race to the Top dollars.  Tisch has been a Regent since 1996 -- and she just now deigns that the statewide testing regimen is deficient?  Here's what she had to say: 

We haven’t been testing the right things in the right ways. ‘Proficiency’ on our exams has to mean something real; no good purpose is served when we say that a child is proficient when that child is not.  So we’re improving our assessments by raising cut scores, making the exams less predictable, testing more areas, and making the tests longer. But more rigorous exams are only one piece of the Regents broader reform vision – a vision that includes a more challenging curriculum, better training for teachers and principals, and a world-class data system.

You have got to be kidding!  You’re not improving your assessment by raising cut scores! 

And this is yet another massive unfunded mandate that the state has foisted up on school districts and the property tax payer. 

Chancellor Tisch has been a Regent since 1996 – and has had an oversight role on the New York State educational bureaucracy for the better part of 15 years.  Merryl Tisch should resign as Chancellor -- and Commissioner David Steiner should be fired.  This post-hoc cut score change is a pernicious act of assault on schools, students, parents and teachers in New York State.  The Regents and the commissioner have shown that they are clueless about education and the ways and means to reform teaching and instruction.

David A. Singer is a former political consultant/campaign professional and political junkie currently toiling as a lawyer in Westchester and managing real estate and media investments.