Ken Jenkins, chairman of the Westchester County Board of Legislators....

Ken Jenkins, chairman of the Westchester County Board of Legislators. (April 30, 2012) Credit: Nancy Siesel

Sometimes caution prevails. The Westchester County Board of Legislators was right to delay votes Monday on a series of proposals by Democrats to legally challenge Republican County Executive Rob Astorino on key fights that just can't seem to be settled. Unfortunately, it seems that some of those differences need a referee.

Unlike previous open-ended resolutions that would have given Chairman Ken Jenkins (D-Yonkers) too much power by allowing him to take "any and all appropriate action" against the county executive, these measures seek a judge's guidance only on specific areas where the two branches have been in conflict -- including cancellation of a bus route in Rye, citizen appointments, the makeup of the Board of Acquisition and Contract and an appeal in the county's housing dispute with the federal government.

That specificity is an improvement. So is the limited list; the recent proposals first identified 17 areas for potential challenge, but the version shelved Monday had been whittled to five.

Yet even in this second go-round, the proposals, which again would give the chairman the authority to go to court, weren't discussed by the entire board or properly scrutinized for need, substance and cost.

So while this latest attempt was more narrowly defined, it still came up short.

The executive and legislative disagreements, some legitimate, need mediation from a third party. But involving the courts shouldn't be taken lightly either. These potential legal challenges may ultimately be necessary, but they need a fuller vetting.

Not until all avenues, including compromise, have been exhausted and produce no clear solution should a judge be called in.

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