43rd Senate District: Ashby, Smyth offer contrasts on farm overtime, other issues during virtual debate – The Post Star

Candidates for state Senate in the 43rd District differ in approaches to the states planned reduction in the threshold for farmworker overtime wages.

I would push for the repeal of lowering the threshold for farm overtime, said state Assemblyman Jake Ashby, R-Castleton, who is running for the open state Senate seat in the new 43rd District.

Andrea Smyth, the Democratic candidate, said officials should continuously evaluate the impact of the change as it is implemented in phases over a 10-year period.

At this point, where the budget makes downturns, and we may have to stop the subsidies that are supposed to hold the farmers level, at that point, I would advocate for freezing the movement toward the 40-hour overtime, said Smyth, speaking at a recent Rensselaer County League of Women Voters virtual candidate debate.

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On Sept. 30, state Labor Commissioner Roberta Reardon announced that the department ratified a recommendation of the state Farm Laborers Wage Board to reduce the threshold for overtime pay from 60 hours per week to 40 hours per week, over a 10-year period.

A public comment period on the recommendation is to begin later this month.

The threshold had been 60 hours since Jan. 1, 2020.

Before that, overtime pay was not required for farmworkers in New York.

The threshold would be reduced to 56 hours starting Jan. 1, 2024, and be reduced in subsequent biannual increments.

A tax credit enacted as part of this years state budget will help cover the additional cost of increased overtime wages.

The 43rd Senate District includes Rensselaer County and portions of Washington and Albany counties. In Washington County, the district includes from Fort Edward south to the Rensselaer County line.

Ashby, who has served four years in the Assembly, and Smyth, a health care and family issues policy advocate from Troy, debated for an hour, responding to questions that residents submitted to the League of Women Voters in advance of the debate, which was conducted over Zoom and video recorded for viewing over YouTube at http://www.youtube.com/watch?v=_7stF0V0-ps.

The candidates also differ on approaches to bail reform and euthanasia.

Smyth said that legislators should consult with district attorneys and law enforcement officers about whether additional changes are needed to bail reform legislation.

I am prepared to look at what is working and what is not, and make sure that bail-eligible offenses are correct in protecting our communities, she said. I am definitely interested and know that this bail vs. jail discussion is going to be part of my first session in the Senate.

A 2019 bail reform law ended the practice of requiring cash bail for the release of those arrested for misdemeanor and non-violent felony offenses, in most cases.

Some changes to the 2019 law, providing more discretion for judges, were enacted as part of this years state budget.

Ashby said the 2019 law should be repealed entirely.

We need to start from scratch on this issue, he said.

Ashby said the 2019 law was rushed through without adequate input from district attorneys and law enforcement officers.

We need to do a better job of creating these laws and not just getting them done to check a box to say that we have addressed this issue, he said.

Ashby said he opposes a proposed state law that would allow physicians to assist with euthanasia.

I believe that all life is sacred, from conception to death, and even during these times of immense struggles and suffering, I believe that life still has value, he said.

Smyth said euthanasia is a personal decision, without addressing the specific legislation.

I think, like other personal health care decisions, this requires the Legislature to allow personal autonomy in their decision-making, she said.

Smyth said she has 30 years of experience helping to craft legislation in her role as an advocate, and that she has empathy and enthusiasm.

I do 23 push-ups daily as a reminder of the average number of American veterans who have died by suicide daily, and I do one extra for a family member who died by suicide, she said. To me, this is a daily reminder that those of us with hope must share it with those who have lost hope.

Ashby, an occupational therapist and Army veteran, said that he has a record of bipartisanship and a reputation for tenacity.

Ashby said he was initially rejected for military service because of flat feet and a heart murmur, but challenged the rejection.

At the time, I had to write to my congressman, it was Michael McNulty, and (he) helped get me on that track to be able to serve, Ashby said.

Maury Thompson covered local government and politics for The Post-Star for 21 years before he retired in 2017. He continues to follow regional politics as a freelance writer.

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43rd Senate District: Ashby, Smyth offer contrasts on farm overtime, other issues during virtual debate - The Post Star