Mike Kaplowitz
Encyclopedia
Michael B. "Mike" Kaplowitz (born September 3, 1959) is an American lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...

, financial planner
Financial planner
A financial planner or personal financial planner is a practicing professional who helps people deal with various personal financial issues through proper planning, which includes: cash flow management, education planning, retirement planning, investment planning, risk management and insurance...

 and Democratic
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...

 politician from Somers, New York
Somers, New York
Somers is a town located in northeastern Westchester County, New York, United States. As of the 2010 census, the town had a population of 20,434...

. He is Vice-Chairman of the Westchester County Board of Legislators
Westchester County Board of Legislators
The Westchester County Board of Legislators is the legislative, policy-making branch of Westchester County. The powers of the Board are enumerated in the County’s charter. A key power of the Board concerns finances: appropriating funds, approving the budget and levying taxes...

 and represents portions of New Castle
New Castle, New York
New Castle is a town in Westchester County, New York, United States. The population was 17,569 at the 2010 census.-Geography:According to the United States Census Bureau, the town has a total area of , of which is land and , or 1.15%, is water. New Castle is bordered by the towns of Mount Pleasant...

, Somers
Somers, New York
Somers is a town located in northeastern Westchester County, New York, United States. As of the 2010 census, the town had a population of 20,434...

 and Yorktown
Yorktown Heights, New York
Yorktown Heights is a census-designated place in the town of Yorktown in Westchester County, New York, United States. The population was 1,781 at the 2010 census.-Geography:Yorktown Heights is located at ....

.

Political career and background

He and his wife Jayne have lived in Somers
Somers, New York
Somers is a town located in northeastern Westchester County, New York, United States. As of the 2010 census, the town had a population of 20,434...

 since 1989 and they have two daughters who attend the Somers Public Schools. He is a member of the March of Dimes Walk America
March of Dimes
The March of Dimes Foundation is a United States nonprofit organization that works to improve the health of mothers and babies.-Organization:...

, the American Red Cross
American Red Cross
The American Red Cross , also known as the American National Red Cross, is a volunteer-led, humanitarian organization that provides emergency assistance, disaster relief and education inside the United States. It is the designated U.S...

, the Partnership Fund for Aging Services and several area Chambers of Commerce. He earned his B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...

 in history from the University of Pennsylvania
University of Pennsylvania
The University of Pennsylvania is a private, Ivy League university located in Philadelphia, Pennsylvania, United States. Penn is the fourth-oldest institution of higher education in the United States,Penn is the fourth-oldest using the founding dates claimed by each institution...

 in 1981 and his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...

 from the Boston University
Boston University
Boston University is a private research university located in Boston, Massachusetts. With more than 4,000 faculty members and more than 31,000 students, Boston University is one of the largest private universities in the United States and one of Boston's largest employers...

 School of Law in 1984. He also became a C.F.P.
Certified Financial Planner
The Certified Financial Planner designation is a professional certification mark for financial planners conferred by the Certified Financial Planner Board of Standards, Inc...

 in 1986.

Kaplowitz has labeled his years of business experience his "guiding star" for the decisions that he makes as a County legislator. After a career in business Kaplowitz decided to run for an open seat on the Westchester County board of legislators in 1997 in the district that encompasses the hamlet
Hamlet
The Tragical History of Hamlet, Prince of Denmark, or more simply Hamlet, is a tragedy by William Shakespeare, believed to have been written between 1599 and 1601...

s of Chappaqua
Chappaqua, New York
Chappaqua is a hamlet and census-designated place in northern Westchester County, New York. As of the 2010 census, following a major revision to the delineation of its boundaries by the Census Bureau, the population was 1,436...

 and Millwood
Millwood, New York
Millwood is a hamlet located in the town of New Castle, New York in Westchester County. It was originally settled as Sarlesville. The area now known as Millwood appears on 19th century maps as Merritt's Corners and Rockdale Mills...

 in the town of New Castle
New Castle, New York
New Castle is a town in Westchester County, New York, United States. The population was 17,569 at the 2010 census.-Geography:According to the United States Census Bureau, the town has a total area of , of which is land and , or 1.15%, is water. New Castle is bordered by the towns of Mount Pleasant...

; Amawalk, Baldwin Place, Granite Springs
Granite Springs, New York
Granite Springs is a small Hamlet within the Town of Somers, New York....

, Lincolndale
Lincolndale, New York
Lincolndale is a hamlet located in the town of Somers in Westchester County, New York, United States. The population was 1,521 at the 2010 census.-Geography:Lincolndale is located at ....

, and Shenorock
Shenorock, New York
Shenorock is a hamlet located in the town of Somers in Westchester County, New York. The population was 1,898 at the 2010 census.-Geography:Shenorock is located at ....

 in the town of Somers
Somers, New York
Somers is a town located in northeastern Westchester County, New York, United States. As of the 2010 census, the town had a population of 20,434...

; and Crompond
Crompond, New York
Crompond is a community and census-designated place located in the town of Yorktown in Westchester County, New York. The population was 2,292 at the 2010 census.-Geography:Crompond is located at ....

, Jefferson Valley
Jefferson Valley, New York
Jefferson Valley-Yorktown is a census-designated place located in the town of Yorktown in Westchester County, New York, United States. The population was 14,142 at the 2010 census...

, Kichtawan and Yorktown Heights
Yorktown Heights, New York
Yorktown Heights is a census-designated place in the town of Yorktown in Westchester County, New York, United States. The population was 1,781 at the 2010 census.-Geography:Yorktown Heights is located at ....

 in the town of Yorktown
Yorktown, New York
Yorktown is a town in Westchester County, New York, in the suburbs of New York about north of midtown Manhattan. The town lies on the north border of Westchester County...

.

He ultimately won a razor-thin 35 vote victory over RoseMarie Panio
RoseMarie Panio
RoseMarie Panio is an American politician that ran the Westchester County, New York Republican Committee from 2004 to 2007. She was unanimously elected Secretary for the State GOP in 2006, but has been unsuccessful in three attempts at public office, including a 2007 race for Town supervisor of...

, who was the Yorktown GOP
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...

 chairwoman. His positions on preserving the County's last opportunities for open space
Open space reserve
Open space reserve, open space preserve, and open space reservation, are planning and conservation ethics terms used to describe areas of protected or conserved land or water on which development is indefinitely set aside...

 and to conservation issues have earned him praise from environmentalist organizations around the region and the endorsement of the New York League of Conservation Voters
League of Conservation Voters
The League of Conservation Voters is a political advocacy organization founded in 1969 by American environmentalist David Brower in the early years of the environmental movement. LCV's mission is to "advocate for sound environmental policies and to elect pro-environmental candidates who will adopt...

 in all of his campaigns. He is also involved in legislative effort to keep the issue of sewage diversion & upgrade a priority and supports converting Indian Point Energy Center
Indian Point Energy Center
Indian Point Energy Center is a three-unit nuclear power plant station located in Buchanan, New York just south of Peekskill. It sits on the east bank of the Hudson River, 38 miles north of New York City...

 to a non-nuclear
Nuclear power
Nuclear power is the use of sustained nuclear fission to generate heat and electricity. Nuclear power plants provide about 6% of the world's energy and 13–14% of the world's electricity, with the U.S., France, and Japan together accounting for about 50% of nuclear generated electricity...

 facility.

Budget committee accomplishments

Kaplowitz was appointedt as Chair of the Budget & Appropriations Committee in 2003. He stated that is a supporter of "tax fairness" and has always supported sales tax
Sales tax
A sales tax is a tax, usually paid by the consumer at the point of purchase, itemized separately from the base price, for certain goods and services. The tax amount is usually calculated by applying a percentage rate to the taxable price of a sale....

 over property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...

, although in May 1998, Kaplowitz was one of four legislators who voted against a sales tax amnesty on clothing costing less than $500. In October 1998, Kaplowitz voted against taking part in a temporary state moratorium on sales tax, suggesting that property taxes would need to be increased substantially if the county did otherwise. Opponents argued that by cutting spending, the board could have made up for the lost sales tax revenue. Due to the settlement of the State of New York's case against tobacco industry, the country board was able to lower property taxes by close to 1% in 1999.

Kaplowitz's campaign states that he worked to forge partnerships among the State, County, local municipalities and school districts for shared sales tax revenue in an attempt to lower the local property tax burden. Kaplowitz took part in winning relief for 354 Northern Westchester homeowners who were paying sewer taxes despite never being hooked up to sewers. In 1999, Kaplowitz's opponent claimed that he backed a $3.5 million plan to install sewers in an enclave outside of his district, while a plan to service the 354 residents of his district that he saved from sewer taxes who were still without service went unresolved.

In 2000, Kaplowitz was able to support County Executive Spano's budget plan which included a 4.9% tax cut
Tax cut
A tax cut is a reduction in taxes. The immediate effects of a tax cut are a decrease in the real income of the government and an increase in the real income of those whose tax rate has been lowered. Due to the perceived benefit in growing real incomes among tax payers politicians have sought to...

, the largest in country history, although it did include increases in sewer tax levies. However, in 2001, the tax cuts were wiped out after Kaplowitz enacted the proposal from the County Executive to increase the county sales tax by .25%, raise property taxes by 4%, and increase spending by 7.3%. County Executive Spano stated that "I didn't have anything to do with what happened to the economy, with what happened on September 11, with what happened to the state. Those are things I don't think anybody could have anticipated. ... I think we did an appropriate and prudent thing in this budget." Kaplowitz joined the other Democrats on the board in taking Spano's plan a step further, raising taxes by an additional percentage point, while adding additional spending to keep open the Playland
Playland (New York)
Playland, often called Rye Playland and also known as Playland Amusement Park, is an amusement park located in Rye, New York. Run by Westchester County, it is the only government owned-and-operated amusement park in the United States.-History:...

 Ice Casino, and aid for mental health programs, libraries and programs for Latinos, women and the homeless that went beyond what Spano put in his budget.

In 2002, the county was faced with a proposed 31.7% increase in the amount the county raises through property taxes, the largest increase since 1968, the second largest in county history, and the second since Kaplowitz took office, which included a typical increase in the county property-tax rate to $4.59 per $1,000 of property value next year, from $3.83. Although legislators including Kaplowitz attempted to lobby the state for permission to increase sales taxes by 1% instead of increasing property taxes, the movement failed, and Kaplowitz voted in favor of the 14.8% property tax increase which passed just prior to the budget deadline.

As head of the budget committee, Kaplowitz highlighted that spending had risen only by 3.4% from 1998 to 2003. He voted in favor of the 30-cent monthly surcharge on cell phone bills, which generated $1.4 million to upgrade local emergency response systems. Kaplowitz was reelected, although his opponent stated that year, Westchester County had the highest property taxes in New York State, and the highest sales tax outside of New York City and Long Island
Long Island
Long Island is an island located in the southeast part of the U.S. state of New York, just east of Manhattan. Stretching northeast into the Atlantic Ocean, Long Island contains four counties, two of which are boroughs of New York City , and two of which are mainly suburban...

, with a median property tax bill for an owner-occupied home in Westchester of $6,826 - the highest among the state's 57 counties and more than twice the statewide median of $2,847. As well, all of Westchester's 40 school districts raised their property taxes that year, on top of the 14.9 percent increase in the county property tax levy that Kaplowitz approved after the state rejected their request to hike the county portion of the sales tax by 1 point.

In late 2003, warned that another attempt to increase the lobby the State Assembly to increase sales tax would fail, Kaplowitz voted for the $1.4 billion budget which increased property taxes by 8.5% and sales taxes by 1%. The assembly members who represented Westchester in Albany said they opposed the higher sales tax, which was enough to defeat a similar proposal the previous year. Led by Assemblyman Richard Brodsky
Richard Brodsky
Richard Brodsky is an American politician who represented District 92 in the New York State Assembly, which includes the towns of Greenburgh and Mount Pleasant, the villages of Ardsley, Elmsford, Dobbs Ferry, Hastings-on-Hudson, Irvington, Tarrytown, as well as parts of Briarcliff and Yonkers,...

 of Greenburgh
Greenburgh, New York
Greenburgh is a town in the western part of Westchester County, New York, United States. The population was 88,400 at the 2010 census. Paul J. Feiner has been the Town Supervisor since 1991.-History:...

, they suggested alternative tax and fee hikes to help balance the county budget, including raising the mortgage tax and extending the reach of the existing sales tax to cover items that are not now taxed.

The Assembly eventually agreed to raise the sales tax by half a percentage point instead of the one percentage increase requested in the budget approved by the board of legislators, and the record $1.4 billion spending plan adopted by the County legislature in December had included an 8.5 percent increase in the property-tax levy and assumed that additional revenues would come from the sales-tax increase. In early 2004, Kaplowitz voted in favor of the amended budget which raised county property tax collections by an additional 10 percent from the amount approved in December to offset the budget gap from the diminished sales tax increase, and when the measure passed, Westchester County ended with 18.82 percent more in property taxes during 2004 than it did in 2003.

In reaction to the second straight year of double digit property tax increases, Kaplowitz stated that as head of the budget committee "the spending hike reflected increases in state mandates such as higher Medicaid and pension fund costs. To cover other potential expenses, county lawmakers created an $11.8 million contingency fund. The fund could help pay for bus service should Albany fall to come through with extra aid, as well as help ball out the cash-strapped Westchester Medical Center and fund future raises for unionized employees." By setting money aside, lawmakers hoped to reassure credit agencies after Moody's
Moody's
Moody's Corporation is the holding company for Moody's Analytics and Moody's Investors Service, a credit rating agency which performs international financial research and analysis on commercial and government entities. The company also ranks the credit-worthiness of borrowers using a standardized...

 placed the county's tripe-A bond rating on 90-day ‘watch fist’ review, citing the county's liability for part of the medical center's debt. Kaplowitz said county officials enacted the second double-digit property tax hike of 14.8 percent in 2003 because the package of sales tax increases negotiated with state lawmakers would generate $50 million this year, leaving Westchester with a $22 million gap to fill, reflecting the contingency fund and a $10 million write-down of money owed to Westchester by the medical center for which the county will not be repaid. Kaplowitz stated that "Companies have bad years, and governments unfortunately have bad years. Hopeful, this is the end to two bad years in a row".

In 2004, the Budget Committee did not raise taxes for the first time in four years, although the budget did increase county spending by 4%. In 2005, County Executive Spano announced a plan to supplementing the state's actions to address the financially insolvent Westchester Medical Center. The proposal involved a refinancing of so-called "tobacco securitization bonds" that were sold in 1999 following the settlement of national lawsuits against tobacco manufacturers. The refinancing gave the medical center an immediate cash infusion of $27 million and a possible stream of future financial aid. Members of the legislature including Kaplowitz have taken credit for the measure, although it is commonly held that Spano, State Senator Nick Spano
Nick Spano
Nick Spano is an American actor. He is perhaps best known for his role as Donnie Stevens in the Disney Channel Original Series Even Stevens....

, and State Assemblyman Richard Brodsky
Richard Brodsky
Richard Brodsky is an American politician who represented District 92 in the New York State Assembly, which includes the towns of Greenburgh and Mount Pleasant, the villages of Ardsley, Elmsford, Dobbs Ferry, Hastings-on-Hudson, Irvington, Tarrytown, as well as parts of Briarcliff and Yonkers,...

 were chiefly responsible for the bailout, which included an additional $75 million from county taxes, increased fees and state taxpayers from other municipalities. Kaplowitz has since commented that "we stepped in and provided the management, the structural funding through tobacco securitization that brought, without taxpayer impact, a stream of payments and a lump sum to the Westchester Medical Center that allowed them to build a children's hospital and allowed them to stay in business."

The budget for 2006 included a raise in the property tax levy by 4.5%, with the total budget up 3.9% from 2005, in part from absorbing $14.4 million in bills for Westchester Medical Center, for overall county government budget of $1.54 billion. The ranks of county employees also would grow for the first time in eight years ago, from 4,560 to 4,655 workers. Republicans in the minority suggested spending cuts to avoid a tax increase, but Kaplowitz called the Republican calculations "unsustainable" and "unrealistic", stating "Today is decision day for the 2006 county budget. After negotiation, deliberation and, perhaps, consternation, the 17 members of the Board of Legislators will convene to decide what stays in the proposed $1.54 billion spending package, what goes, and what the final tally for taxpayers will be. I'm looking to cut and pare and slice and return to some fiscal sanity by paying for and investing in what we can afford and cutting out what we can and creating some real, practical financial discipline." In voting for the tax increase, Kaplowitz called it a plan that "meets the concerns of all Westchester residents". Much of the tax increase in the budget came from the absorption of $14.4 million in maintenance and other costs at Westchester Medical Center which Kaplowitz called "part of a 'long-term plan for viability' for the hospital", while the board's Republicans suggested the county could have collected those bills, pointing to the hospital's surplus for 2006.

The 2007 budget from Kaplowitz's committee increased property taxes by another 3.5%, under the $1.7b budget approved by the County Legislature. The budget included 77 new county jobs, and a 7.5 percent increase in the funding of nonprofit groups that run arts and human services programs for the county under contract. In late 2007, Bill Ryan, chairman of the County legislature, announced plans for a compensation package that would have raised his own pay by 90% and increased substantially the pay of his fellow legislators. To the opposition of Ryan and his fellow Democrats on the board, Kaplowitz, who initially defended the raises, later objected stating, "I don't believe a compelling case was sufficiently made to support a stipend increase. Further, there was not appropriate public notice given nor opportunity for timely public input. Therefore, a pay raise is not justified at this time." In 2005, the board voted to increase the stipend to the current $40,000, and board members also voted themselves a series of stipends for chairing committees and other leadership positions. The measure enacted in 2007 included another increase in base compensation, and boosted all of the board's other stipends, including raising the vice chair stipends from $12,000 to $15,000. Kaplowitz did not return any of the pay increase or the spending stipends he received.

The $1.77b budget adopted by Kaplowitz for 2008 again raised property taxes, this time by 3.89%, with an increase in spending of $4.2 million, for a variety of social services and health programs. Kaplowitz estimated that about three-quarters of the spending was to restore programs that had been removed by County Executive Spano. They included mental health services for children, eviction protection efforts and immigrant outreach services." Kaplowitz commented after the vote that "County taxpayers are buying an accountable government and essential services at a fair cost." He noted that it was the ninth time in ten years that the legislators lowered the County Executive's proposed tax levy increase, stating that "This budget reflects that we’re meeting our public policy objective of creating budget certainty from year to year." However, the perpetual increases in property taxes created some controversy now that the Pepsi Bottling Group
The Pepsi Bottling Group
The Pepsi Bottling Group, Inc. was the world's largest bottler of Pepsi-Cola beverages. PBG sales of Pepsi-Cola beverages accounted for more than one-half of the Pepsi-Cola beverages sold in the United States and Canada and about 40 percent worldwide...

, located in Kaplowitz's home town of Somers, announced that it was challenging its tax assessment in court and considered relocating out of Westchester. Since 2000, real property taxes in Westchester have increased 54%.

Campaigns for New York State Senate

Kaplowitz has twice launched campaigns to represent the 40th district in the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...

, a Hudson Valley seat which has traditionally leaned towards Republicans. In that effort, he has sought to recast himself as a fiscal conservative.

2006

In 2006, Kaplowitz launched an unsuccessful bid for higher office in the New York State Senate, 40th District
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...

, attempting to unseat Republican incumbent Vinnie Leibell
Vincent Leibell
Vincent L. "Uncle Vinny" Leibell, III is a convicted felon and disgraced politician from Putnam County, New York. After a long career in the New York State Legislature, Leibell ran for and was elected County Executive-elect in Putnam County in 2010, but resigned prior to taking office following an...

. Kaplowitz was motivated to run for the seat by an election year which saw the region trend Democratic. Despite key upsets like the defeat of incumbent Republican Congresswoman Sue Kelly, Kaplowitz was not successful. He garnered 45.6% of the vote. Ultimately, Vinnie Leibell was re-elected by a healthy 54.4% margin and the two have since put their differences aside.

2010

In April 2010, Kaplowitz launched his campaign for New York State Senate, 40th District
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...

. Incumbent Senator Vincent Leibell
Vincent Leibell
Vincent L. "Uncle Vinny" Leibell, III is a convicted felon and disgraced politician from Putnam County, New York. After a long career in the New York State Legislature, Leibell ran for and was elected County Executive-elect in Putnam County in 2010, but resigned prior to taking office following an...

 is running for County Executive in Putnam County
Putnam County, New York
Putnam County is a county located in the U.S. state of New York, in the lower Hudson River Valley. Putnam county formed in 1812, when it detached from Dutchess County. , the population was 99,710. It is part of the New York Metropolitan Area. The county seat is the hamlet of Carmel...

, making the 40th District an open seat in an election year where control of the New York State Senate
New York State Senate
The New York State Senate is one of two houses in the New York State Legislature and has members each elected to two-year terms. There are no limits on the number of terms one may serve...

 hangs very much in the balance. Senate Democrats narrowly controlled the chamber during the 2009-2010 legislative session with a 32-30 majority, although the Republicans famously disrupted Democratic control in 2009 with an attempted leadership coup
2009 New York State Senate leadership crisis
The 2009 New York State Senate leadership crisis was a political dispute in New York that began on June 8, 2009. The State Senate was controlled by Democrats with a 32-30 majority, when a bipartisan coalition of all 30 Republicans and two Democrats, Hiram Monserrate and Pedro Espada Jr., voted to...

.

Kaplowitz is opposed by Republican Assemblyman Greg Ball, a two-term state assembly member representing the 99th state Assembly District. Ball easily defeated Somers
Somers, New York
Somers is a town located in northeastern Westchester County, New York, United States. As of the 2010 census, the town had a population of 20,434...

 Town Supervisor Mary Beth Murphy in Republican primary election, and went on to defeat Kaplowitz in the general election.

Electoral history

External links

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