CSEA lawsuit challenges Saratoga County over long-term care scheme

BALLSTON SPA, NY (03/26/2013)(readMedia)-- CSEA – New York's leading union – has filed a lawsuit against Saratoga County, challenging the transfer of the county's public nursing home, Maplewood Manor, to a local development corporation – a non-regulated shell corporation that has little oversight and no accountability to taxpayers.

CSEA, which represents public nursing home workers throughout the state, has publicly argued that local development corporations should not be used to allow municipalities to skirt regulations designed to protect taxpayers or to avoid public scrutiny or opposition to the sale of publicly owned nursing homes.

CSEA represents most of the 325 employees of Saratoga County's Maplewood Manor, who provide essential care to some of the county's most vulnerable citizens.

"Saratoga County's actions are, at best, questionable," said CSEA President Danny Donohue. "Unfortunately, in county after county we have seen elected officials walk away from responsibility to our seniors. CSEA has made it clear that we will not hesitate to take our case to the judicial system whenever necessary."

"We had strong community support for finding alternatives and we made a good argument," said CSEA Capital Region President Kathy Garrison, a county resident who is a plaintiff in the lawsuit. "The elected officials ignored the people and refused to do what was right."

The case was filed in state Supreme Court in Saratoga County and has been assigned to Judge Robert Chauvin. Part of CSEA's argument revolves around a provision of the law that holds a local government cannot sell property for which there is still a necessary public purpose. The use of the LDC also raises a variety of legal issues regarding accountability while taxpayers still retain debt obligations.

The Saratoga County action is a glaring example of a disturbing recent trend where counties have flaunted legal obligations, circumvented normal open meeting requirements and engaged in irregular bidding practices. Many of these actions appear to be attempts to minimize scrutiny and public input. CSEA is alarmed that these actions also seek quick political fixes at the long-term expense of people and communities.

CSEA's first legal action involving the transfer of public nursing facility operations to a local development corporation was filed last month, challenging action by Onondaga County. Oral arguments in that case were held today in state Supreme Court in Syracuse. A ruling is expected within 60 days. In the meantime, several other counties are currently considering similar schemes.

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