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06-03-2008, 08:29 AM
Judge invalidates Suffolk worker status law
A State Supreme Court judge in Suffolk Monday invalidated a controversial worker status law that required Suffolk County's 17,000 licensed contractors to prove thr employees are not undocumented immigrants.
Judge Ralph Costello ruled that the county legislature broke its own rules when it rejected, in an 8-8 vote, Legis. Ricardo Montano's May 13 argument that the bill was improperly moved from committee.
Costello ordered legislators to vote again on Montano's motion and voided all subsequent action on the worker status bill.
The judge's decision kills the measure for now, though County Executive Steve Levy said he expects the bill to be rntroduced and passed again. The earliest that process could be completed is August.
The judge's decision comes as Levy last week quietly signed the worker status bill into law with no public statement and did not tell legislators, they said.
Presiding Officer William Lindsay (D-Holbrook) said he is considering appealing the case to the Appellate Division, and attorneys in the case said they expect such an appeal.
At issue was whether a vote from Lindsay, who is an ex-officio member of every legislative committee, increased the number of votes needed to discharge the bill from the Consumer Protection Committee.
Lindsay and the county's attorneys have argued his vote in favor of the bill does not increase the number of votes needed from three to four. There were five committee members at the time of the vote, with a majority required for discharge.
Legislators who backed the bill slammed Costello, who lawyers said made no judgment on the merits of the legislation. Lindsay said judges should not interfere with the rules of the legislature.
"The legislature makes its own rules, interprets its own rules and abides by its own rules," Lindsay said. He said he has no plans to call for another vote on whether the bill was improperly discharged from committee.
"As far as I'm concerned the thing was passed and signed into law," said Levy, who said he did not publicize his signing of the bill last week because his staff was too busy.
Levy said he did not want to announce he signed the bill only to have a judge invalidate it, though he also said he hoped his signing the measure would influence Costello's decision.
Legis. Brian Beedenbender (D-Centereach), the bill's sponsor, called Costello's decision "completely bizarre."
"The judge should be ashamed of himself," he said.
Montano (D- Central ) said the decision is "what I've wanted all along. We will litigate this until its finality."
Costello's ruling comes days before an alternative to the worker status bill is due for a committee vote.
Legis. Jon Cooper (D-Lloyd Harbor) has proposed legislation that would require licensed contractors to prove they have paid workers' compensation insurance, a minimum wage and applicable payroll taxes. The Consumer Protection Committee is scheduled to consider that bill Thursday.
A State Supreme Court judge in Suffolk Monday invalidated a controversial worker status law that required Suffolk County's 17,000 licensed contractors to prove thr employees are not undocumented immigrants.
Judge Ralph Costello ruled that the county legislature broke its own rules when it rejected, in an 8-8 vote, Legis. Ricardo Montano's May 13 argument that the bill was improperly moved from committee.
Costello ordered legislators to vote again on Montano's motion and voided all subsequent action on the worker status bill.
The judge's decision kills the measure for now, though County Executive Steve Levy said he expects the bill to be rntroduced and passed again. The earliest that process could be completed is August.
The judge's decision comes as Levy last week quietly signed the worker status bill into law with no public statement and did not tell legislators, they said.
Presiding Officer William Lindsay (D-Holbrook) said he is considering appealing the case to the Appellate Division, and attorneys in the case said they expect such an appeal.
At issue was whether a vote from Lindsay, who is an ex-officio member of every legislative committee, increased the number of votes needed to discharge the bill from the Consumer Protection Committee.
Lindsay and the county's attorneys have argued his vote in favor of the bill does not increase the number of votes needed from three to four. There were five committee members at the time of the vote, with a majority required for discharge.
Legislators who backed the bill slammed Costello, who lawyers said made no judgment on the merits of the legislation. Lindsay said judges should not interfere with the rules of the legislature.
"The legislature makes its own rules, interprets its own rules and abides by its own rules," Lindsay said. He said he has no plans to call for another vote on whether the bill was improperly discharged from committee.
"As far as I'm concerned the thing was passed and signed into law," said Levy, who said he did not publicize his signing of the bill last week because his staff was too busy.
Levy said he did not want to announce he signed the bill only to have a judge invalidate it, though he also said he hoped his signing the measure would influence Costello's decision.
Legis. Brian Beedenbender (D-Centereach), the bill's sponsor, called Costello's decision "completely bizarre."
"The judge should be ashamed of himself," he said.
Montano (D- Central ) said the decision is "what I've wanted all along. We will litigate this until its finality."
Costello's ruling comes days before an alternative to the worker status bill is due for a committee vote.
Legis. Jon Cooper (D-Lloyd Harbor) has proposed legislation that would require licensed contractors to prove they have paid workers' compensation insurance, a minimum wage and applicable payroll taxes. The Consumer Protection Committee is scheduled to consider that bill Thursday.