Mangano’s end zone dance

The Island Now

 Like an NFL receiver, Nassau County Executive Ed Mangano did a dance in the end zone after a state court ruled last week that the payroll tax helping to fund the Metropolitan Transportation Authority was unconstitutional because it applies to only 12 counties in the state.

 But this game is far from over.

 The MTA has said it will appeal. The court where the ruling was made is the lowest of the three levels in the state. The judge who made the ruling did not order the state to stop collecting the tax. That means, for the time being his ruling will have no immediate effect.

 The MTA serves 8.5 million passengers a day. Its current budget is nearly $13 billion. If the ruling stands, the MTA stands to lose $1.26 billion a year. The MTA warned that this may lead to “extreme” service cuts and fare increases.

 Mangano brought the suit in 2010 in which he argued that the tax which charged employers 34 cents for every $100 of payroll was unconstitutional based on the fact that it did not benefit the entire state.

 Bruce Cozzens, a state Supreme Court judge in Nassau County, ruled that because the tax is limited to Nassau County, New York City, and a ring of suburban counties it was not “a substantial state concern” but instead a “special law,” that must be approved by two-thirds of the Assembly and Senate.

 Mangano called the tax a “jobs killer.” But we have not seen any evidence that the tax has “killed” a single job in Nassau County or anywhere else.

Mineola Mayor Scott Strauss was on hand to cheer the decision. He called the effect of MTA payroll tax on Mineola “minuscule,” but added “every little bit helps.”

 Mangano argued that Nassau County residents were affected by the tax even if they never used mass transit. It could also be argued that residents pay taxes for roads and bridges even if they never drive a car. They also pay taxes for schools even if they have no children.

 The MTA warned that if the ruling stands the impact will be “devastating.” It would be forced to raise fares and cut service. The thousands of Nassau County commuters who use the LIRR every day will feel the pain of Mangano’s victory.

 To save mythical jobs, Mangano might actually be forcing residents who work in the city to quit real jobs because the commute will become too expensive.

 Paul Steely White, who heads Transportation Alternatives, denounced the decision and warned that “Public transportation is critical to the New York City metropolitan area.”

 Already the roads from Long Island to New York City are jammed with rush-hour traffic every day. Any ruling that discourages the public from using mass transit is a major step in the wrong direction.

The most annoying part of Mangano’s victory dance in the legal end zone occurred when he pointed to his own success in cutting costs and living within a budget as an example for the MTA to follow.

In fact the county finances are now under the control of the Nassau County Interim Finance Authority, known as NIFA, which oversees the financial affairs of Nassau County.

 Mangano has made an effort to cut spending and get the budget under control but it’s far too early to start bragging.

 In the end this is a partisan battle with all of the Republicans standing on Mangano’s side and all of the Democrats backing the MTA. No one likes taxes but every legislator – and judge – should realize how important mass transit is to the future of the metropolitan area.

Share this Article