Rockland County Executive Ed Day isn’t alone in opposing the MTA’s congestion pricing plan to charge a $15 fee to bring a private vehicle below 60th St. and he isn’t alone in bringing a lawsuit (his, filed two weeks ago, is the sixth federal case so brought).
What is different among all the plaintiffs, (all of whom don’t want to pay) is that Day gets to name a board member to the MTA who could have spoken out and voted against the program, which was passed by the panel, 11-1, a day after he sued.
The problem is that the Rockland’s MTA seat, representing Day and the more than 300,000 people of Rockland, has been vacant since last June and Gov. Hochul is at fault for keeping it vacant.
We note that if even Rockland voted no it wouldn’t have changed the tally, as Rockland “shares” a vote with Dutchess and Putman and Orange counties and since Dutchess and Putman were supporting congestion pricing and the Orange seat is also vacant, it still would have been 11-1. But Rockland has a legal right to have a board member and for that member to speak on behalf of the county, which was denied.
The previous Rockland member of the MTA board, Frank Borelli, resigned on June 1, 2023. Following the law, Day sent to Hochul’s appointment office the required three names for her to pick one. Day indicated his preferred nominee along with two alternates. The governor then submits a nomination to the state Senate for confirmation.
The Senate has three committees review the nomination followed by a floor vote. That is what happened with five MTA confirmations on March 20, a week before the MTA vote on congestion pricing.
But Hochul never picked a nominee from Rockland. For months since last June, Day’s office kept checking with Hochul’s people to see if anything else was needed and was told that it was not. But there was no action.
Then, on March 11, the governor’s office contacted Day because one of the alternates had died on Jan. 23 and so a new name was needed. Day then provided the name of a new alternate on March 26.
Hochul had six months to pick one of the three names provided by Day and didn’t do so. And even after the alternate died (which Day was not aware of), the governor still could have selected one of the other two or at least then not waited weeks to request a replacement name.
Whatever the excuse, Rockland went without a vote and a voice on congestion pricing. We support congestion pricing and are happy it passed and while we oppose Day’s lawsuit, he should have had his pick on the MTA Board. It still would have been adopted, but perhaps it would have been modified. And at the least the Rockland member would have been on the record.
The other vacant seat, for Orange County, has been empty since last March and County Executive Steve Neuhaus has not submitted any names to Hochul, so that’s on Neuhaus.
As we’ve complained before, nominations to state posts must be listed on a website, like the feds and New Jersey use. These are public positions and the public has a right to know what is happening, or is not happening.
