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New Mental Health Funding Diverted

The State made available to Dutchess County funding to build up community mental health in the wake of the Hudson River Psychiatric Center closure. The amount offered was $1.875-million, with $1.5-millon renewing annually, restricted to “diversionary” programs to reduce hospital admissions and arrests. This month the collective will of county government voted to “divert” and pervert the actual intention of such monies.

 

The County Legislature voted to accept the funding, but not with the mentally ill in mind. Just about half -- $900,000 will go not for the furtherance of mental health services, but will be “diverted” to replenish the county’s all-but depleted rainy-day fund balance (the 2012 budget was balanced using $26million of the $29million fund). The remainder will go towards preserving union jobs in the county workforce that were cut in the 2012 budget providing mobile crisis response services to aid law enforcement at rates higher than nonprofit professionals could provide. A small pittance will boost services at St. Francis Hospital and PEOPLe Inc. (my employer, meaning I was barred by legislative rules from voting and participating in floor debates). Seemingly forgotten are those once served by HRPC.

 

Historically Dutchess County has welcomed the mentally ill from across the state. It did so in connection with the state-administered Hudson River and Harlem Valley Psychiatric Centers and Taconic DDOS even before the 1934 reforms to the State Constitution enshrined social welfare including those suffering from mental disorder or defects. These changes, ratified during the Great Depression, required the State to assume a major role in social welfare, alongside counties. With this change came new funding with the growth of state financing of health-related initiatives. In 1938 the State paid just $5.8-million annually in health-related expenses compared to $77-million just thirty years later. At the same time counties grew statewide from $23.4-million to $64.9-million. Then came advances in psychotropic medications, the deinstitutionalization movement, and in the modern day, economic recessions. ...

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The Door Closes at Hudson River Psychiatric Center

                 An historic chapter came to an end in Dutchess County on January 26th when a 145-year-old institution, Hudson River Psychiatric Center, closed its doors for the last time. The only state hospital closure among 28 in existence in the state, Governor Cuomo targeted HRPC in the 2011 Budget in an attempt to close a $10billion deficit. It now joins Harlem Valley Psychiatric Center in Wingdale that closed in 1994 under the previous Governor Cuomo. Both hospitals once housed 6,000 patients in their heyday at a time when Dutchess County led the state in in-patient psychiatric care. Today, this historic role is preserved in a museum documenting the county’s leadership role in psychiatric care still housed on the HRPC grounds but perhaps destined for relocation to Marist College.

                I studied psychopathology at Marist beneath HRPC’s former director and learned via slideshows and anecdotes a wealth of history regarding HRPC’s role in the lives of its patients. Some I had already seen firsthand through visits as an advocate for mental health services as a member of the county mental health subcommittee, and secondly as a provider at PEOPLe Inc., a mental health nonprofit at which I work. But my strongest impression of HRPC predates my professional focus.

                In 1986, I was introduced to Hudson River Psychiatric Center when my mother became a patient there. I was eight years old. My dad brought me there to visit her to help her get better, and largely because I missed my mom. Even then I realized that the hospital was there to help mom get well so she could return home. At the time HRPC was part of a much larger campus, so that more people were treated locally meaning that families like me could come and visit and help our loved ones heal quicker so that they could come home faster. In subsequent years, as HRPC downsized and Saint Francis Hospital likewise cut back on beds, when mom needed hospitalization she was forced to Westchester and Putnam counties. This made visitation ...

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Wellness on the Western Front

 

                By Western front, I mean Poughkeepsie, and while not all is well, things are looking up. This month, by a 24-1 margin the County Legislature moved initiatives of new County Executive Marc Molinaro forward in crucial areas of economic development and solid waste planning. Contrary to possible inferences, these were not rubber-stamping votes. The Legislature was critical – asking probing questions and performing soul-searching – and the Molinaro administration had to exert effort to work to curry favor, and they did. We proved that the democratic process worked while moving forward important initiatives. This is how I define wellness.

                Responding to economic and unemployment angst heard on the campaign trail, the new county executive began our legislative term with a plan to restructure the planning department by adding a deputy in charge of strategic planning and economic development. The goal of this high level (but revenue-neutral) position will be to help regionalize local projects, support small business and grow the economy through planning, coordination and pro-activeness. It would be independent of, but work alongside, current economic entities including the Industrial Development Agency and the Economic Development Council. During our committee deliberations I was among the idea’s detractors.

                I questioned philosophically whether government should become involved in job-creation and growing the economy. While acknowledging a perceived voter expectation of government leadership in these realms I questioned whether our role might be better served by staying outside and letting private enterprise correct itself. Practically I also inquired about whether concentrating influence in the county might strip autonomy from local governments. I was afraid that in the interest of “regionalization” that the county might place undue pressures on rural communities to accept development projects that may benefit the region but have the potential to scar and change the community identity that many of us work so hard to preserve. I could visualize the potential clashes between noble but competing values, and I spoke up for what I believe are the core values of the people I represent.

                Other legislators were likewise concerned in many areas including whether this might just be a duplication of services like those performed at EDC and IDA. The County Executive and ...

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Costs and Fairness of Child Support Considered

                Separately in recent weeks, Dutchess County has been considering the gigantic cost to house inmates at the county jail, and the increasing costs of indigent counsel at Family Court including the approved proposal to utilize public defenders in family court matters. I married these two issues together in asking jail administrators about the jail census. I learned that approximately one inmate per day at the County jail is there because he (mostly men) failed to pay child support. This was disturbing to learn since county jailing costs are so high due to overcrowding (we pay $6million a year to house out inmates to other counties). Not to mention there seems something archaic about using the county jail as a debtor’s prison. It also seems largely counter-productive to detain someone for non-payment, when the detention prevents them from working to pay down the debt. Presently attorneys are not assigned to poor people in child support matters. With the new public defender model coming to Family Court, I have requested that public defenders look into unpaid child support cases in an attempt to keep county taxpayer costs at the jail from rising further.

                The topic got me thinking. In the Eighteenth Century support for children was considered a moral, but not a legal duty. Not so today. In 1975, the U.S. Congress enacted federal-state child support enforcement. Their goals were to reduce childhood poverty and reduce the welfare rolls. Congress assured States that they would be compensated with federal funds under TANF (Temporary Assistance to Needy Families) if they aggressively established paternity (goal of 90 percent) and set up systems for child support collection. Congress underscored child support programs as priorities in 1988 and again in 1993. How successful this system meets its goal is up to debate. In 1975, 17 percent of children under 18 lived below the poverty line. In 2009, that number was 20 percent.

               

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Mike's Speech to the Republican Nominating Convention for NYS Assembly 103rd District


                           January 14, 2012: Pleasant Valley Town Hall


Editor's Note: Although Mike did not receive the nomination for Assemblyman, we reprint his speech here so that the issues and values contained therein may live on.

 

          Welcome! I say welcome because not only do I represent Pleasant Valley in the County Legislature, but Pleasant Valley is also my home.


          Two-Hundred and Thirty-Six years ago a Presbyterian Minister from Pleasant Valley by the name of Melancton Smith stepped forward in his service to his town and fellow citizens. He became a delegate to the New York Provincial Congress then considering whether to break away from Great Britain. He helped organized militia, which he named the Dutchess County Rangers, and he served as county sheriff during the war for independence. Afterwards he fought against slavery, became a delegate to the Constitutional Convention as a fierce defender of state and local rights. When it came time for New York to ratify the federal constitution Melancton Smith was a key vote in approving the U.S. Constitution albeit with assurance that the rights of the individuals would be protected. Afterwards, in 1791 Melancton Smith of Pleasant Valley was elected to the New York State Assembly.

          I tell you this at the start of my speech where I will ask for your vote to nominate me to represent you in the New York State Assembly, because our shared history, our heritage is part and parcel of who we are. From Red Hook, who will celebrate its 200th anniversary this year to Wassaic, whose Borden Milk factory was founded 150-years ago last year whose condensed milk proved pivotal to outfitting our troops in the U.S. Civil War we hail from a proud region. We live in historic towns. You and I cherish our towns and the sense ...

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Legislative Chairman Outlines 2012 Agenda

At the County Legislature’s opening session in early January we re-elected Rob Rolison as our chairman for the third consecutive year. Chairman Rolison spoke of our policy priorities for the coming year in his acceptance speech. Excerpts are included below: 

Solid Waste
“In 2010 I created a Resource Recovery Reform Committee that was designed to investigate ways to improve our recycling rate and reduce the County subsidy from our waste-to-energy facility. Under the leadership of Legislator Jim Miccio (Fishkill) this committee has researched and debated how best to fulfill its mission. Their conversations with waste haulers, solid waste managers, consultants, community leaders, State agencies and regional partners have resulted in a better informed Legislature and public regarding the issues of resource recovery. It is the belief of this Committee that the waste-to-energy facility does provide a vital service to the people of Dutchess County – a more environmentally friendly method to dispose of 100,000 tons of solid waste annually than burying it in a landfill. Thus it should not be shuttered, but perhaps sold. Placed into the hands of private operators the facility might become self-sufficient with an opportunity to expand via private investment. … If the public sector is incapable of doing something smarter and cheaper the private sector should have the chance to take the reins.”

Jail
“The Dutchess County jail continues to exceed capacity on a daily basis. A jail designed for 292 inmates with a population often in excess of 400 has resulted in the dangerous and costly policy of boarding out inmates in other jail facilities around the State. … In the very near future the Jail Study Advisory Committee, chaired by Legislator Ken Roman (Poughkeepsie), will release its report for feedback and in it they move Dutchess County one step closer to hiring the necessary consultants to develop plans to expand and modernize our current jail facility. If the current jail’s footprint is not suitable then a new location must be found to house our inmates. Whether it is a retro-fit of an existing structure or a brand new one, the bottom line is that a bricks and mortar solution is needed to address the issue of overcrowding at the jail.”

Mandate Relief
“We legislators must pledge to work with our new County Executive [Marc Molinaro] and help him create the government infrastructure needed to assist businesses, create jobs and revitalize our economy. We can assist our businesses and families by doing what we have done for the last two years – maintain core County services while ...
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County's Transition Is an Opportunity for Reflection on Our Heritage

The New Year’s holiday causes us to look forward to 2012 with anticipation, but also to reflect back on the previous year. With the transfer of power from County Executive Bill Steinhaus to newly-elected Marc Molinaro, Dutchess County government has also been looking both forwards and backwards. The Legislature recognized Steinhaus for his long service to county government at the final county legislative meeting in December. First elected in 1991, he served as County Executive for 20 years and as County Clerk for thirteen prior to that. We also honored four departing legislators including Suzanne Horn (R-Pleasant Valley) and Sandra Goldberg (D-Wappingers), both for 20 years of dedicated service. High-ranking staff retirements included Legislative Clerk Patty Hohmann, after 38-years at the Legislature and Steinhaus’ Chief of Staff, Nancy Giordano. In many ways it is an end of era, not to mention the start of a new one.

Steinhaus spoke about how he was inspired to enter public service through his freshman political science course at Dutchess Community College. At the time his professor, Jack Lippman, was chairing the committee that produced the County Charter — the instrument that today provides the framework for County Government. Hohmann, who began clerking for the Legislature in the 1970s, reflected on how things have changed including when Legislative meetings were dominated mostly by men smoking big cigars. At retirement parties the walls were adorned with photo collages depicting the progress and evolution of Dutchess County in the last few decades. It seemed to underscore perfectly Steinhaus’ advice to legislators as he reflected on the close of his county career, “Democracy works.

Documenting and recalling history is important. Filling a void in historical scholarship the County Legislature appropriated $25,000 in the 2012 County Budget to appoint a County Historian. Provided for in the Charter but vacant for some time, the Historian position is intended to record our history and heritage because history and heritage is central to maintaining and understanding our identity as a county.

When appointed the new County Historian will take his/her place on the County Heritage Committee that was formed in April by a resolution that I authored. This Heritage Committee has been meeting since October to plan activities to commemorate the County’s proud history during Heritage Days (October 23rd-November 1st) including a special 2013 celebration of the 300th anniversary of democracy in Dutchess County. The committee reflects the geographical differences of the county (opportunities to serve still exist), and is composed of town historians, school teachers, academics, re-enactors, genealogists and history buffs from all walks of life. It wisely paired up with Dutchess County Tourism for help with marketing and — it is hoped — will result in local economic fecundity.

The Heritage Committee has designated five themes that they are focusing on to illustrate the County’s heritage. These include Agriculture, Education, Transportation/Industry, Political/Military, and Arts/Architecture/Culture. The committee is seeking volunteers to serve on these subcommittees. Early brainstorming ideas include producing a commemorative book, websites, classroom lesson plans and events including a possible transportation-themed parade showcasing the evolution of locomotion in all its various forms.

History is fascinating. So also is opportunity. As county government turns a page we look forward not only with appreciation for the past, but with a commitment to excellence for the future.
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County Mental Health Clinics to Change in 2012

Dutchess County’s 2012 budget includes a shift from continuing day treatment (CDT) mental health clinics to those with a personalized recovery emphasis. This change will be felt this year in Millbrook, Dover, Rhinebeck, Poughkeepsie and Beacon. It is a decision that as it stands now will result in the layoff of 22 jobs in April, and the all but certain legal arbitration initiated by their union. The shift from continuing day treatment where participants go daily for continuous care is to a clinic model that is designed to be temporary care. Its goal is to transition people; allowing previously institutionalized persons to integrate back into the community by imparting independent living and employment skills. Among all the statewide changes to the modern mental health system that 2011 ushered in, it will be the least unsettling in fulfilling the State’s role to those in need.

New York’s role in the mental health field dates to 1894 when the Constitution was amended to create a system of State Hospitals for the insane. It was not however until the Great Depression in 1938 that the State leapt head-first into social welfare by adding two articles to the State Constitution: Housing and Social Welfare. Section I of Article 17 specifies “the needy” while Section III describes “those suffering from mental disorder or defects” as targeted populations. The constitutional change is significant as it created an affirmative social expectation for the needy as well as a requirement for the State to assume a major role in meeting their economic and social needs.

The same Constitutional Convention enshrined social rights by making social welfare among the exceptions to its own limitations on use of state credit and restrictions upon local debt and taxation in Section 8. This meant that governments still had to exercise fiscal discipline, but that they could go into debt or tax to provide for the needs of the less fortunate. Specifically mentioned in the Constitution were aid and support for the needy, children, the unemployed, the sick, the old, and the physically handicapped. The language went beyond permissive (may) but said that it is “the responsibility of the State for the aid, care and support of persons in need.” A 1977 Court of Appeals case, Tucker v. Toia, reaffirmed the seriousness of the State’s role in determining that it was the judiciary’s role to see that the Legislature does not “shirk its responsibility.”

With hospital closures and sweeping systematic reform amid the trying financial times of today, the State — it could be argued — is departing at least in substance if not in form from the policies of 1894 and 1934.

The same is not true of Dutchess County. The shift from CDTs to recovery clinics, although accelerated by the decrease in state reimbursement rates, is grounded also in modern concepts of mental health. The elimination of 49 positions including 22 layoffs will save taxpayers money and the new privatized recovery clinics will be infused with a philosophy that emphasizes not mental illness, but mental wellness.
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Adopted 2012 County Budget Reflects Policy Change

By a vote of 16-9, the Dutchess County Legislature passed the 2012 County Budget in early December. The budget raises the tax levy by 3.3 percent but keeps it under the state-imposed tax cap because pension costs and other expenses are exempt from the two-percent cap. Due to declining home values the tax rate will increase about six percent, which translates into about a $50 increase for a home valued at $250,000. While some including the County Comptroller have been critical of the budget’s sizeable reliance on fund balance ($25 million) Moody’s Investor’s Service seemed less concerned instead renewing the County’s Aa2 bond rating a week prior to the budget’s adoption.

Legislative leaders worked with outgoing and incoming county executives Bill Steinhaus and Marc Molinaro in adjusting expense lines and realigning priorities. Changes include holding money in contingency to cover election expenses should the Governor call for a special election for the 100th and 103rd Assembly Districts which are vacant by the death of Assemblyman Tom Kirwan (representing Beacon and Poughkeepsie), and in Eastern Dutchess the resignation of Marc Molinaro to assume the office of County Executive.

Also in the 2012 County Budget is a strong emphasis on solid waste management including funding for a solid waste director and three staff members including a recycling coordinator. There was a clear shift in environmental priorities towards county leadership on solid waste which was central to a consultant’s report received earlier this year. I supported the shift although I remain uneasy about growing government when public opinion seems to be moving towards the eventual disbanding of the Resource Recovery Agency and privatization of the industry. I’m assured that the county solid waste department will be temporary tasked only to facilitate the eventual privatization of the waste industry, but I have my doubts.

Solid waste management was given higher priority in the 2012 budget than other environmental issues including a $25,000 reduction in the environmental program at Cornell Cooperative Extension. The environmental programs affected include the citizen-led Environmental Management Council which provides coordination to town conservation councils. I fought for the restoration of CCE environmental funds but was unsuccessful in part due to several legislators’ criticism of EMC independently involving itself in the solid waste field.

I did however achieve success in maintaining agriculture as a county priority by increasing the Cornell Cooperative Extension budget by $16,000. The new funding will benefit farmers by permitting the county to enter into a regional fruit and vegetable program as well as increase consultant staff hours for farm visits to assist new and emerging farms. An additional $16,000 was awarded to the Soil and Water Conservation district to assist with stream management and rehabilitation to prevent flooding as experienced in recent storms.

The two largest institutional changes include the creation of a family court public defender unit to provide indigent legal counsel and the layoff of 22 mental hygiene jobs as the county’s continuing day treatment clinics are privatized to embrace a new mental hygiene recovery-oriented model. A small appropriation was also given to the Criminal Justice Council to assist the Legislature when the time comes to move forward in alleviating jail overcrowding.

These noble agenda items notwithstanding, the agreed-upon central mission in 2012 will, by necessity, be efforts to replenish the County’s fund balance.
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Assigned Counsel Poised to Change at Family Court

At the time of this writing the County Budget has passed from committee and is awaiting approval by the full Legislature. An important institutional change that seems imminent is the shift in assigned counsel at Family Court to a public defender model. All three family court judges spoke at length against a public defender model at public hearings and in letters alluding to anticipated inefficiencies in quality of representation, cost and workability. Yet the public defender model appears ready to succeed largely because it is funded in part by a grant, freeing up tax money to be spent on other needs. Budgets like all government policy are shaped not always by what’s ideal, but by the bottom line.

County government's Public Defender office presently provides indigent legal counsel to residents charged with a crime without means to afford their own attorney. In Family Court, judges presently assign private attorneys not on the county payroll, who the judges argue are actually cheaper in that the county does not pay overhead for private attorneys. The judges also argue the typical criminal matter is simpler since plea bargains are standard, but that in family court cases emotions are high-charged, outcomes are less certain and basic legal representation includes night and weekend work when visitations tend to take place.

The fields of criminal law and family law are incongruent. Criminal law is punitive, seeking to punish criminal acts while serving public purposes. It exercises the power of the State to satisfy society’s need for retribution, while deterring future crime, and denouncing wayward conduct. The role of family law however is not to send normative messages or determine guilt but to remedy practical problems with the goal of stabilizing or preserving families. Family law is not intended to be punitive, and often considers the interests of all involved family members particularly children. Wherein a typical criminal case will have two parties — the prosecution and the defense, in family court it is not uncommon to find three, four or five parties all represented separately by counsel (children, grandparents, aunts, uncles, etc.). Privately assigned counsel will still be needed for these third parties even if the county adopts a public defender model since the public defender will be conflicted from taking more than one side in a case.

What's being decided then is whether the County should hire two attorneys to reduce the caseload of the current private attorneys. These salaried employees who will enjoy county overhead and benefits will only be available to clients between the hours of 9-5, Mondays through Fridays when not in court. They will be conflicted from taking neglect or child abuse cases as the County (Child Protective Services) brings the charges. They also may be conflicted from domestic violence cases if the matter is also being tried in criminal courts. The judges say it’s a bad idea. It’s too bad in this day of tax caps and stringent budgets that reason and quality of service must take backseats to new revenue lines.
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