Hiram Monserrate Indicted
For Dragooning Employees
Of Nonprofit He Enriched
For His Own Political Gain
The other shoe dropped Tuesday for Hiram Monserrate. The first State Senator to be expelled from that body since 1781, Monserrate was indicted by a Federal grand jury for using employees of a non-profit group he sponsored while a City Councilmember to labor on behalf of his unsuccessful campaign for the State Senate in 2006.
The sixteen-page indictment, which you can read here, is summarized on p21 of Wednesday's New York Times by William K. Rashbaum and Fernanda Santos. The two federal charges against Monserrate stem from his relationship with the Latino Initiative for Better Resources and Empowerment Inc., known by its acronym LIBRE, a now defunct social services agency to which Monserrate was closely linked. He secured City funding for LIBRE to operate.
The indictment alleges that Monserrate used employees of the tax-exempt organization to register voters and collect signatures to get him on the ballot in his failed bid for Senate against John Sabini in 2006.
In 2008, the Queens County Democratic organization switched its support from Sabini to Monserrate in the predominantly Latino district, Sabini was accommodated with a six-year term as chairman of the State Racing and Wagering Board, and Monserrate was elected Senator.
However, he was unable to complete his term, having been expelled in February 2010, ostensibly for slashing his girlfriend with a broken glass, although the court found that allegation unproven. His greater sin was joining renegade Senator and hospitalier Pedro Espada in an attempted coup that tied up the State Senate for over a month. Although the standoff led to the appointment of Lieutenant Governor Richard Ravitch, it left the Senate, and the two plotters, lower in public esteem. Espada returned to the fold when rewarded by the Democrats with the position, lulu and staff of the majority leader, but all his power and influence went to Senator John Sampson of Brooklyn, the new Democratic conference leader.
LIBRE is the latest nonprofit to come under scrutiny for its subordination to the elected official who secured its funding. It joins the Ridgewood Bushwick Senior Citizens Council, founded by Vito Lopez, and Espada's Soundview Health Center in the Bronx. Monserrate's relationship with LIBRE was intimate. Over his seven years in the Council (2002-2008), Monserrate steered more than $2.7 million in City discretionary and capital funds to LIBRE, including more than $2 million for a community center, which was never built.
Monserrate's connection with LIBRE ran deeper than money. According to the indictment, Monserrate "played an important role in selecting LIBRE's staff and the members of its board of directors", including the chair of LIBRE's board of directors from 2005 through 2007, its interim executive director in 2005, and its executive director from late 2005 through early 2007. According to a 2008 article in the Times by Russ Buettner and Serge Kovaleski "Dysfunction at a Charity That Relies on Council Largesse", Monserrate also negotiated the lease for LIBRE's former office.
The chair of LIBRE's board of directors alluded to in the indictment is current Councilmember Julissa Ferreras, Monserrate's former chief of staff and his hand-picked successor for his former Council seat which he resigned when he was elected to the Senate.
For those who have not followed Queens politics, it would be understandable to overlook the connection between Ferreras and Monserrate. Ferreras carefully distanced herself from Monserrate during her February 2009 campaign to replace him on the Council, presumably because at the time he was under investigation for slashing his girlfriend's face. Currently, Ferreras lists no mention of her association with Monserrate or LIBRE in her bio on the City Council's website, despite the fact that they were her principal qualifications for election. Leaving Monserrate off her resume, for whom she began working in 2001 as his campaign manager and then, following his election, as his chief of staff, makes for a gaping lacuna in Councilmember Ferreras's resume.
Chronologically, the most recent accomplishment she claims on her Council bio prior to her term in office is her appointment by former Assemblyman Ivan Lafayette and Congressman Joseph Crowley to serve as a New York State delegate to the 2000 Democratic National Convention, a decade ago.
Monserrate's relationship with Ferreras has soured along with his political and personal fortunes since he appeared at her 2009 victory party. Last month, Ferreras claimed that Monserrate was responsible for the slashing of her tires, several vulgar notes left on her car, and an assortment of other allegations of harassment.
It does not appear from published reports that Ferreras ever filed formal charges against Monserrate. Councilmember Ferreras failed to return several phone calls seeking comment and clarifications for this column, but she did issue a statement to the media saying that she has "been cooperating with authorities from the very beginning."
The newly unsealed indictment implicates not only Monserrate, who surrendered to authorities Tuesday morning, it alleges a conspiracy where others colluded with Monserrate to skirt the campaign finance laws by illegally using LIBRE resources and employees to fund and support his State Senate runs in 2005 and 2006. The co-conspirators are unnamed in the indictment, but presumably one of the people involved is former LIBRE executive director Javier Cardenas, who Manhattan U.S. Attorney Preet Bharara announced yesterday had pleaded guilty to conspiracy and mail-fraud charges and is cooperating against Monserrate.
Celeste Katz reported in the Daily News that "federal prosecutors subpoenaed and questioned several former members of [Monserrate's] Senate staff, including Wayne Mahlke and Luis Castro, about Monserrate's dealings with LIBRE."
Mahlke, who is Monserrate's former chief of staff, was arrested in May of this year in an incident unrelated to the indictment for "possessing a forged police placard and for failing to obey a police officer - after hurling an insult at the officer." Castro has been identified in news reports as a former campaign consultant to Monserrate.
According to the indictment, around May 2006, Monserrate sent an email from a personal email account to an unnamed member of his Council staff requesting a database of voters LIBRE had newly registered, apparently at Monserrate's request. A month or two later, "Monserrate stamped numerous LIBRE checks that were thereafter issued to individuals who had participated in LIBRE's voter-registration and petition-gathering activities with a signature stamp of the person who was then the chair of LIBRE's board of directors." In an article on The Queens Courier's website, reporter Steve Mosco identifies the chair of LIBRE's board of directors at the time as Councilmember Ferreras.
The check stamping allegation, which is detailed in the indictment, raises the question of who really was in charge of LIBRE's finances. In an October 18, 2008 Times article by Ray Rivera about Libre's suspiciously slipshod accounting practices, entitled "Group Spent City's Money, but Has Not Shown How", Monserrate referred all questions about LIBRE's accounting practices to Ferreras, saying, "She's the person to have the conversation with," he said. "I wasn't the director. I don't know what paperwork was there, what books were there."
Contacted at the time by Rivera for comment, Ferreras said LIBRE's records were in the organization's offices. "I personally don't keep the records," Ferreras told the Times.
As Monserrate's case advances it is likely that we will learn more about LIBRE and what, if anything, Councilmember Ferreras knew about his former boss's alleged manipulation of the nonprofit. What is for certain is that no matter how hard Speaker Christine Quinn tries to leave the slush fund scandal in the Council's past, the investigation is still very much ongoing and just how many of her members were involved is still yet to be determined. Another Councilman who was elevated to chair the Civil Rights Committee, Larry Seabrook of the Bronx, is currently under a 13-count indictment for a litany of corruption charges, and former Councilmember Miguel Martinez of Manhattan is already serving time in Federal prison.
It gives us no satisfaction to watch one elected official after another done in by their greed and contempt for the law. This parade of corrupt politicians denigrates New Yorkers' faith in local government, and further degrades the reputation of the City Council and its leader, who is supposed to look out for this sort of thievery.
We continue to encourage our prosecutors, Federal, State and Local, to pursue every elected official who has abused the public trust until all of them are rooted out. Regrettably, the only way to keep some of our legislators' hands out of our pockets is with handcuffs.
Showing posts with label Pedro Espada. Show all posts
Showing posts with label Pedro Espada. Show all posts
Thursday, October 21, 2010
Friday, October 08, 2010
Jail to the Thief
Hevesi Cops a Plea,
Cuomo to Accept It
26 Days to Election
There was little surprise in Alan Hevesi's confession that he was a corrupt Comptroller. News of the Attorney General's investigation had leaked over the years, and the guilty pleas of his co-conspirators made it clear that his office was a cesspool of favoritism obtained through bribery.
For a person in such high office to betray it so completely is shocking, even to those of us who are accustomed to reporting on political corruption. It is one thing for a Vito Lopez, Pedro Espada and Larry Seabrook to turn their anti-poverty organizations into automatic teller machines for themselves, their mistresses, their unemployed children, their campaign managers, and the friends and relatives (kith and kin) of any of the above insiders. Their conduct is highly offensive and, if convicted of the allegations against them, they should go directly to prison. Efrain Gonzalez, another state senator from the Bronx, was sentenced to 7 years in a Federal prison for similar crimes.
But for Alan Hevesi, a reasonably affluent, well-educated intelligent and articulate elected official, descendant of rabbis, state legislator for 23 years, two-term Comptroller of the City of New York, Professor of Political Science at Queens College, recipient of a Ph.D. degree from Columbia University in 1971, after having written his thesis analyzing the leadership of the state legislature, to turn out to be have repeatedly betrayed the public trust - that is difficult to accept.
Since Hevesi has turned out to be a crook, what politician can we believe to be honest? We assume that most of them are, but we know there are some who are dishonest, even if we do not know their names. We are familiar with those who have been convicted in recent years. Former Senate majority leader Joseph Bruno heads the list, with Senators Guy Velella and Hiram Monserrate, Assemblymembers Diane Gordon, Roger Green, Brian McLaughlin, Clarence Norman, Anthony Seminerio, and Councilmembers Angel Rodriguez and Miguel Martinez. Governor Eliot Spitzer and Congressman Vito Fossella were not tried for criminal behavior, but were disgraced when their extra-curricular activities became known to the public. Councilman Dennis Gallagher was convicted of criminal harassment. Spitzer and Gallagher resigned, Fossella finished out his term, but did not seek re-election. For appointed public officials, one can start with former Police Commissioner Bernard Kerik, now in a Federal prison in Maryland.
If we have omitted any convicted public officials, please let us know and their names will be added to the list.
The question arises: what is an appropriate punishment for a high official who betrays his trust? He is responsible not only for the money he took for himself and his family, but the depredations of Hank Morris, who was his political manager. Morris appears to have enriched himself far more than Hevesi, but we do not really know where the money extorted from people who wanted to deal with the pension fund ended up.
In China, such a person would be executed, but that is not the American way. Hevesi was born on January 31, 1940, and is now 70 years old. A prison sentence is required, but should the length be calibrated with his life expectancy? One obvious penalty is to forfeit the pensions he now receives from the City University and the State Legislature. He certainly did not provide honest services to the public while holding high elective office. Restitution to the state for his ill-gotten gains should be part of any plea arrangement.
It is likely that when a person demonstrates such a basic character flaw as we have in this case that there are all kinds of other situations in which he behaved improperly. Without going into rumors, we will not go into rumors.
We have not so far mentioned Governors John Rowland of Connecticut or James McGreevey of New Jersey, who resigned in the face of allegations of misconduct, financial and sexual. Since Governor Spitzer was forced to resign to avoid impeachment by the state legislature which hated him, none of the three governors in the tri-state area was able to complete his term in office. That is highly unusual, and thoroughly shameful.
Back to Hevesi, whom we defended in 2006 because we felt using a state car for a sick wife was not a felony. We would send him to state prison for at least five years, forfeit his pension and require restitution of any money or benefits he received through his misconduct. He should also be asked (he cannot be compelled) to write a book about his crimes and their punishment, to be distributed to all newly-elected public officials as required reading. That is unusual, but in the circumstances it does not appear to be cruel. See the Constitution, Eighth Amendment.
This is a terribly sad case: for the former Comptroller, for his family, for the people he victimized, for his community and for those who admired him. I am reminded of the kid who met "Shoeless" Joe Jackson, a star outfielder on the 1919 White Sox who took bribes from gamblers to throw the World Series to the Cincinnati Reds. "Say it ain't so, Joe," the youngster said to his hero, or so the legend goes.
Sadly, it was so. The eight guilty athletes were banned from baseball for life. Jackson and pitcher Eddie Cicotte confessed their participation to a Chicago grand jury, but the players were acquitted.
The reputation of the national pastime was so scarred by what was dubbed the "Black Sox Scandal" that the owners named Federal Judge Kenesaw Mountain Landis to be the first Commissioner of Baseball. Kennesaw Mountain was the site of a major battle in General Sherman's march on Atlanta in 1864. Judge Landis was born in 1866 in Millville, Ohio.
Landis served from 1920 to his death in 1944. During that time, his word was considered law in baseball. Since then, there have been a series of commissioners appointed by the owners and generally serving their interests.
INFORMATIVE LINKS
In the wonderful world we live in, documents relating to legal proceedings are often available immediately.
To read Hevesi’s allocution, click here.
To read the charges against Hevesi, click here.
Cuomo to Accept It
26 Days to Election
There was little surprise in Alan Hevesi's confession that he was a corrupt Comptroller. News of the Attorney General's investigation had leaked over the years, and the guilty pleas of his co-conspirators made it clear that his office was a cesspool of favoritism obtained through bribery.
For a person in such high office to betray it so completely is shocking, even to those of us who are accustomed to reporting on political corruption. It is one thing for a Vito Lopez, Pedro Espada and Larry Seabrook to turn their anti-poverty organizations into automatic teller machines for themselves, their mistresses, their unemployed children, their campaign managers, and the friends and relatives (kith and kin) of any of the above insiders. Their conduct is highly offensive and, if convicted of the allegations against them, they should go directly to prison. Efrain Gonzalez, another state senator from the Bronx, was sentenced to 7 years in a Federal prison for similar crimes.
But for Alan Hevesi, a reasonably affluent, well-educated intelligent and articulate elected official, descendant of rabbis, state legislator for 23 years, two-term Comptroller of the City of New York, Professor of Political Science at Queens College, recipient of a Ph.D. degree from Columbia University in 1971, after having written his thesis analyzing the leadership of the state legislature, to turn out to be have repeatedly betrayed the public trust - that is difficult to accept.
Since Hevesi has turned out to be a crook, what politician can we believe to be honest? We assume that most of them are, but we know there are some who are dishonest, even if we do not know their names. We are familiar with those who have been convicted in recent years. Former Senate majority leader Joseph Bruno heads the list, with Senators Guy Velella and Hiram Monserrate, Assemblymembers Diane Gordon, Roger Green, Brian McLaughlin, Clarence Norman, Anthony Seminerio, and Councilmembers Angel Rodriguez and Miguel Martinez. Governor Eliot Spitzer and Congressman Vito Fossella were not tried for criminal behavior, but were disgraced when their extra-curricular activities became known to the public. Councilman Dennis Gallagher was convicted of criminal harassment. Spitzer and Gallagher resigned, Fossella finished out his term, but did not seek re-election. For appointed public officials, one can start with former Police Commissioner Bernard Kerik, now in a Federal prison in Maryland.
If we have omitted any convicted public officials, please let us know and their names will be added to the list.
The question arises: what is an appropriate punishment for a high official who betrays his trust? He is responsible not only for the money he took for himself and his family, but the depredations of Hank Morris, who was his political manager. Morris appears to have enriched himself far more than Hevesi, but we do not really know where the money extorted from people who wanted to deal with the pension fund ended up.
In China, such a person would be executed, but that is not the American way. Hevesi was born on January 31, 1940, and is now 70 years old. A prison sentence is required, but should the length be calibrated with his life expectancy? One obvious penalty is to forfeit the pensions he now receives from the City University and the State Legislature. He certainly did not provide honest services to the public while holding high elective office. Restitution to the state for his ill-gotten gains should be part of any plea arrangement.
It is likely that when a person demonstrates such a basic character flaw as we have in this case that there are all kinds of other situations in which he behaved improperly. Without going into rumors, we will not go into rumors.
We have not so far mentioned Governors John Rowland of Connecticut or James McGreevey of New Jersey, who resigned in the face of allegations of misconduct, financial and sexual. Since Governor Spitzer was forced to resign to avoid impeachment by the state legislature which hated him, none of the three governors in the tri-state area was able to complete his term in office. That is highly unusual, and thoroughly shameful.
Back to Hevesi, whom we defended in 2006 because we felt using a state car for a sick wife was not a felony. We would send him to state prison for at least five years, forfeit his pension and require restitution of any money or benefits he received through his misconduct. He should also be asked (he cannot be compelled) to write a book about his crimes and their punishment, to be distributed to all newly-elected public officials as required reading. That is unusual, but in the circumstances it does not appear to be cruel. See the Constitution, Eighth Amendment.
This is a terribly sad case: for the former Comptroller, for his family, for the people he victimized, for his community and for those who admired him. I am reminded of the kid who met "Shoeless" Joe Jackson, a star outfielder on the 1919 White Sox who took bribes from gamblers to throw the World Series to the Cincinnati Reds. "Say it ain't so, Joe," the youngster said to his hero, or so the legend goes.
Sadly, it was so. The eight guilty athletes were banned from baseball for life. Jackson and pitcher Eddie Cicotte confessed their participation to a Chicago grand jury, but the players were acquitted.
The reputation of the national pastime was so scarred by what was dubbed the "Black Sox Scandal" that the owners named Federal Judge Kenesaw Mountain Landis to be the first Commissioner of Baseball. Kennesaw Mountain was the site of a major battle in General Sherman's march on Atlanta in 1864. Judge Landis was born in 1866 in Millville, Ohio.
Landis served from 1920 to his death in 1944. During that time, his word was considered law in baseball. Since then, there have been a series of commissioners appointed by the owners and generally serving their interests.
INFORMATIVE LINKS
In the wonderful world we live in, documents relating to legal proceedings are often available immediately.
To read Hevesi’s allocution, click here.
To read the charges against Hevesi, click here.
Monday, September 20, 2010
King of Kings (County)
Pedro Espada Es Terminado.
Press Focuses on Vito Lopez,
Poverty Boss, County Leader,
State Assembly Housing Chair
FIRST OF A SERIES
With Pedro Espada defeated for re-election, the new target of reform in New York City is Vito Lopez, the Democratic county leader of Brooklyn who doubles as chair of the Assembly Housing Committee.
Over the last week, the Daily News, New York Post, and The Brooklyn Paper have published a flurry of articles about Vito Lopez, his political tactics, and his nonprofit empire, the Ridgewood Bushwick Senior Citizens Council.
The first articles in the News and the Post focused on an internal Department of Investigation report on the Ridgewood Bushwick organization, which Joseph Goldstein and David Seifman of the Post describe as the "sprawling social service agency funded with $75 million in taxpayer money that has long served as Assemblyman Lopez’s power base", since he founded the organization in 1973.
According to the News' Erin Durkin and Adam Lisberg, DOI found that Ridgewood Bushwick and its affiliates submitted "at least $340,000 in fraudulent or fishy claims submitted to the city". The Post tabulated that "the city disallowed $304,549 in claimed costs, including $193,892 for events and trips for which there were no attendance lists."
The false claims against the city were just the tip of the iceberg in DOI’s investigation. Earlier in the week, on September 12, the Post published an article entitled "WEALTH OF FRIENDS" by Joseph Goldstein, Isabel Vincent and Christina Carrega, which revealed that Christiana Fisher, the executive director of Ridgewood Bushwick and Lopez's campaign treasurer, "pulled down $659,591 in 'base compensation' over a 12-month period in 2008 and 2009 for working only 17.5 hours a week at Ridgewood Bushwick", according to tax filings. Fisher's salary, "an eye-popping 182 percent more than the $234,234 she made just two years earlier," shocked the nonprofit expert who the Post interviewed.
Angela Battaglia, Lopez's longtime girlfriend and Ridgewood Bushwick's housing director, received "$329,910 in 'compensation' over the same period -- 73 percent more than the $190,609 she made two years earlier." Morevoer, both Battaglia's brother, Jack Battaglia, and Christiana's sister, Pam Fisher, were elevated to the bench by Lopez, who controls judicial appointments in Brooklyn.
In sharp contrast to Fisher and Battaglia's robust salaries was the $25 that The Daily News reported Friday that 86-year Carmen Orlando was paid for each meeting she attended as a board member of Ridgewood Bushwick for 17 years. Orlando, a retiree with no business training, was one of several elderly members of Ridgewood Bushwick's nine-member board that the DOI report found had practically no knowledge of the organization and its finances. The News quoted the report’s finding that "Two board members who are not fluent in English indicated having a limited ability to understand everything being discussed at the meetings... However, both told DOI that they recalled always voting 'yes' whenever a vote was taken."
For his part, Lopez defends Ridgewood Bushwick, but claims to be similarly in the dark about the group's operations. Lopez no longer has any official role in the organization he founded, though Aaron Short, in his article in the The Brooklyn Paper entitled VITO'S 'MONEY HONEYS' GET BIG SALARIES – SUBSIDIZED BY YOU, points out that the Assemblyman has "funneled $380,000 in member items" to Ridgewood Bushwick since 2009.
Lopez's own words may ultimately betray his claims that he is disconnected from Ridgewood Bushwick. Yesterday, in an exclusive cover story in the New York Post with the headline DON VITO and the sub-head B'KLN PARTY BIG THREATENS LITTLE OLD LADIES FOR VOTES, the Post published excerpts from a hidden tape recording of the Assemblyman made in 2005 and obtained by the paper from an unnamed source. On the tape, Lopez, who was not yet County Leader, tells a group of eight elderly women that they must support his then-pick for civil court judge, Richard Velasquez, a former lawyer for Ridgewood Bushwick, so that he can prove his political might and keep bringing in money to pay for the taxpayer-funded trips he sponsors with Ridgewood Bushwick. Lopez's quote on the cover of the Post reads: "The only thing I have that’s worth something is politics. That’s how I get the money." To listen to the complete recording, click here.
Tonight, the executive committee of the Kings County Democratic Party will vote on whether to re-elect Lopez as County Leader. The spate of negative articles is highly unlikely to affect his re-election. His power is likely to be curbed only by law enforcement; he doth bestride Brooklyn like a colossus.
And with all the nepotism, cronyism and favoritism that Lopez engages in as a matter of course, it has yet to be demonstrated that any of these acts constitute crimes for which he can be prosecuted. Rule 5: "Where there's smoke, there's fire" probably applies here, and there are certainly clouds of thick smoke. But under the law, the existence of fire must be proven and not merely surmised.
Press Focuses on Vito Lopez,
Poverty Boss, County Leader,
State Assembly Housing Chair
FIRST OF A SERIES
With Pedro Espada defeated for re-election, the new target of reform in New York City is Vito Lopez, the Democratic county leader of Brooklyn who doubles as chair of the Assembly Housing Committee.
Over the last week, the Daily News, New York Post, and The Brooklyn Paper have published a flurry of articles about Vito Lopez, his political tactics, and his nonprofit empire, the Ridgewood Bushwick Senior Citizens Council.
The first articles in the News and the Post focused on an internal Department of Investigation report on the Ridgewood Bushwick organization, which Joseph Goldstein and David Seifman of the Post describe as the "sprawling social service agency funded with $75 million in taxpayer money that has long served as Assemblyman Lopez’s power base", since he founded the organization in 1973.
According to the News' Erin Durkin and Adam Lisberg, DOI found that Ridgewood Bushwick and its affiliates submitted "at least $340,000 in fraudulent or fishy claims submitted to the city". The Post tabulated that "the city disallowed $304,549 in claimed costs, including $193,892 for events and trips for which there were no attendance lists."
The false claims against the city were just the tip of the iceberg in DOI’s investigation. Earlier in the week, on September 12, the Post published an article entitled "WEALTH OF FRIENDS" by Joseph Goldstein, Isabel Vincent and Christina Carrega, which revealed that Christiana Fisher, the executive director of Ridgewood Bushwick and Lopez's campaign treasurer, "pulled down $659,591 in 'base compensation' over a 12-month period in 2008 and 2009 for working only 17.5 hours a week at Ridgewood Bushwick", according to tax filings. Fisher's salary, "an eye-popping 182 percent more than the $234,234 she made just two years earlier," shocked the nonprofit expert who the Post interviewed.
Angela Battaglia, Lopez's longtime girlfriend and Ridgewood Bushwick's housing director, received "$329,910 in 'compensation' over the same period -- 73 percent more than the $190,609 she made two years earlier." Morevoer, both Battaglia's brother, Jack Battaglia, and Christiana's sister, Pam Fisher, were elevated to the bench by Lopez, who controls judicial appointments in Brooklyn.
In sharp contrast to Fisher and Battaglia's robust salaries was the $25 that The Daily News reported Friday that 86-year Carmen Orlando was paid for each meeting she attended as a board member of Ridgewood Bushwick for 17 years. Orlando, a retiree with no business training, was one of several elderly members of Ridgewood Bushwick's nine-member board that the DOI report found had practically no knowledge of the organization and its finances. The News quoted the report’s finding that "Two board members who are not fluent in English indicated having a limited ability to understand everything being discussed at the meetings... However, both told DOI that they recalled always voting 'yes' whenever a vote was taken."
For his part, Lopez defends Ridgewood Bushwick, but claims to be similarly in the dark about the group's operations. Lopez no longer has any official role in the organization he founded, though Aaron Short, in his article in the The Brooklyn Paper entitled VITO'S 'MONEY HONEYS' GET BIG SALARIES – SUBSIDIZED BY YOU, points out that the Assemblyman has "funneled $380,000 in member items" to Ridgewood Bushwick since 2009.
Lopez's own words may ultimately betray his claims that he is disconnected from Ridgewood Bushwick. Yesterday, in an exclusive cover story in the New York Post with the headline DON VITO and the sub-head B'KLN PARTY BIG THREATENS LITTLE OLD LADIES FOR VOTES, the Post published excerpts from a hidden tape recording of the Assemblyman made in 2005 and obtained by the paper from an unnamed source. On the tape, Lopez, who was not yet County Leader, tells a group of eight elderly women that they must support his then-pick for civil court judge, Richard Velasquez, a former lawyer for Ridgewood Bushwick, so that he can prove his political might and keep bringing in money to pay for the taxpayer-funded trips he sponsors with Ridgewood Bushwick. Lopez's quote on the cover of the Post reads: "The only thing I have that’s worth something is politics. That’s how I get the money." To listen to the complete recording, click here.
Tonight, the executive committee of the Kings County Democratic Party will vote on whether to re-elect Lopez as County Leader. The spate of negative articles is highly unlikely to affect his re-election. His power is likely to be curbed only by law enforcement; he doth bestride Brooklyn like a colossus.
And with all the nepotism, cronyism and favoritism that Lopez engages in as a matter of course, it has yet to be demonstrated that any of these acts constitute crimes for which he can be prosecuted. Rule 5: "Where there's smoke, there's fire" probably applies here, and there are certainly clouds of thick smoke. But under the law, the existence of fire must be proven and not merely surmised.
Wednesday, September 15, 2010
The People Speak
What We Learned
From The Primary
In an initial take on yesterday's primary, we offer some nuggets of fact, surmise and opinion.
1. The Democratic and Republican party organizations continue to weaken. They are most influential in races where no one knows who the candidates are, usually for judgeships or at the bottom of the ticket. For more important offices, where voters have familiarity with the candidates, they make their own decisions as to whom they will support, guided to some extent by the campaigns and the media.
The generally low Democratic turnout placed a premium on machine support. Percentage wise, more Republicans cast ballots.
2. Tuesday was a good night for incumbents. As far as we know, only two state senators were defeated. Pedro Espada, Jr., in the Bronx, against whom the entire civilized world had combined lost 62-33 to Gustavo Rivera; and Bill Stachowski of Buffalo, lost, 63-26, to Tim Kennedy.
Stachowski, a state senator for 28 years, was a target of environmental groups for his opposition to clean up of toxic wastes, and gay organizations objected to his hostility to marriage equality. Stachowski was supported by the Working Families and the Independence Party. He held up the state budget because he insisted on greater autonomy for SUNY Buffalo. However, in the end he caved and disappointed his constituents.
Tim Kennedy is an Erie County legislator, who linked Stachowski to the dysfunction in Albany. We also suspect there were demographic changes in the district since the Polish-American solon, a former football star at Holy Cross, was first elected a generation ago. Both candidates signed the Koch pledge.
3. The only two Assemblymembers to be denied renomination were Ginny Fields in Suffolk County, who lost to Ken Mangan, 53-47, and Francine DelMonte of Niagara County, who lost to John Accardo, 52-48. Reform was not a particular issue in these races, all four candidates having signed the pledge.
Fields originally attacked Mangan on TV for not signing, but then he signed and mooted the issue. The state teachers union supported Mangan.
4. The majority of incumbent state legislators were not challenged by other aspirants. Therefore, primary elections were not held for those positions.
Fifteen incumbent senators were challenged. For the remaining 47 seats (out of a total of 62), the incumbents were unchallenged.
Twenty-seven assembly members were challenged. For the remaining 123 seats (out of 150) the incumbents were not challenged in a primary.
5. According to Jerry Skurnik, who is an expert in these matters, the reason there are proportionally more contested city than state elections is that the city's campaign finance system provides for matching funds on a 6-to-1 basis for contributions of $175 or less. The maximum public subsidy for a city council race was $88,550 in 2009, and it will rise in 2013. The expenditure limit was $161,000; it too will rise.
There is no provision for matching funds in state elections, so the candidate must raise all the funds he spends. This discourages candidacies, because to attain a minimal level of exposure in an assembly race against an incumbent, spending close to $100,000 is a requirement. Double that sum for a state senate race. Since people are usually unlikely to give large sums to local candidates, there is a great advantage to aspirants who can fund their own races.
6. The roll out of the new electronic voting machines was flawed, drawing the ire of the public and spurring elected officials to berate the Board of Elections. Now we must find out how accurate the electoral counts tabulated by the machines are. Today, the Board is conducting a lottery to randomly select 3% of the election districts in the five boroughs for a hand recount of the paper ballots processed by the machines. We will keep you posted on how the two sets of figures match up. Theoretically, they should be identical.
7. The 2011 legislature will be very much like the 2010 legislature, except that the coup conspirators Espada and Monserrate will be gone. We cannot predict which party will control the state senate next year, and what the effect of the Paladino candidacy will be on Republican legislative candidates. Will the GOP be energized by its standard bearer, or will frightened moderates desert the elephant line?
Democratic senate leader John Sampson of Brooklyn will presumably succeed Pedro Espada as majority leader, if the Democrats retain their senate majority. Sampson has written a letter signing on to the Koch reforms, as has Dean Skelos, the Republican leader, and all his troops.
8. If the senators keep their written pledges, substantial legislative reform would be a strong possibility in the areas of redistricting by an independent commission, ethics reform identifying and limiting the private employment of elected public servants in the legislature, and requiring a state budget to be balanced budget pursuant to generally accepted accounting principles (GAAP). This is the law in New York City, but not in New York State.
The Assembly will be a harder sell. Speaker Silver says that he would allow some reforms, but he has balked at an independent redistricting commission.
An important element of the Speaker's power to enforce his will is the ability to punish refractory (from his viewpoint) legislators by abolishing their districts, merging them with others, or removing their homes from their districts. An independent commission would presumably not be congenial to spot redistricting on the basis of a legislator's independence or submission to the Speaker.
The leadership has many other powers over individual members, including committee assignments, lulus (pensionable payments to committee chairs and miscellaneous favored designees), the use of the Rules Committee to advance or to bottle up bills, the assignment of office space and other facilities, etc. The Speaker's power was likened many years ago, with regard to the City Council, to the authority of a Mother Superior in a convent. The power to terminate a political career by reapportionment is a superfluous award of authority to the most powerful man in state government (with the occasional, but not recent, exception of the governor.
It is now 48 days to the election. We will be following the race.
TODAY’S PUZZLE
Rule 9-I is simple: “I’ll be back.” Who said it, and when? We will list the winners. Hint: The answer is not Amelia Earhart, or some other tragic figure.
CONTEST WINNERS
Last week, in our article “Sleeper Candidate?”, we challenged our readers to explain the names and numbering of Rule 8-F (“Do not bite the hand that feeds you”), Rule 8-M: ("He who pays the piper calls the tune") and Rule 8-FM: "Whose bread I eat, his song I sing." Congratulations to Janos Marton and Eldon Reiley, who correctly pointed out that all three rules are 8 words long and that “F” refers to food and “M” to music. Naturally, “FM” refers to both food and music.
Today’s puzzle is easier to solve. We look forward to receiving your answers. There is no entry fee. Winners will be listed in order of the receipt of their entries. No cheating. Try not to use Wikipedia.
From The Primary
In an initial take on yesterday's primary, we offer some nuggets of fact, surmise and opinion.
1. The Democratic and Republican party organizations continue to weaken. They are most influential in races where no one knows who the candidates are, usually for judgeships or at the bottom of the ticket. For more important offices, where voters have familiarity with the candidates, they make their own decisions as to whom they will support, guided to some extent by the campaigns and the media.
The generally low Democratic turnout placed a premium on machine support. Percentage wise, more Republicans cast ballots.
2. Tuesday was a good night for incumbents. As far as we know, only two state senators were defeated. Pedro Espada, Jr., in the Bronx, against whom the entire civilized world had combined lost 62-33 to Gustavo Rivera; and Bill Stachowski of Buffalo, lost, 63-26, to Tim Kennedy.
Stachowski, a state senator for 28 years, was a target of environmental groups for his opposition to clean up of toxic wastes, and gay organizations objected to his hostility to marriage equality. Stachowski was supported by the Working Families and the Independence Party. He held up the state budget because he insisted on greater autonomy for SUNY Buffalo. However, in the end he caved and disappointed his constituents.
Tim Kennedy is an Erie County legislator, who linked Stachowski to the dysfunction in Albany. We also suspect there were demographic changes in the district since the Polish-American solon, a former football star at Holy Cross, was first elected a generation ago. Both candidates signed the Koch pledge.
3. The only two Assemblymembers to be denied renomination were Ginny Fields in Suffolk County, who lost to Ken Mangan, 53-47, and Francine DelMonte of Niagara County, who lost to John Accardo, 52-48. Reform was not a particular issue in these races, all four candidates having signed the pledge.
Fields originally attacked Mangan on TV for not signing, but then he signed and mooted the issue. The state teachers union supported Mangan.
4. The majority of incumbent state legislators were not challenged by other aspirants. Therefore, primary elections were not held for those positions.
Fifteen incumbent senators were challenged. For the remaining 47 seats (out of a total of 62), the incumbents were unchallenged.
Twenty-seven assembly members were challenged. For the remaining 123 seats (out of 150) the incumbents were not challenged in a primary.
5. According to Jerry Skurnik, who is an expert in these matters, the reason there are proportionally more contested city than state elections is that the city's campaign finance system provides for matching funds on a 6-to-1 basis for contributions of $175 or less. The maximum public subsidy for a city council race was $88,550 in 2009, and it will rise in 2013. The expenditure limit was $161,000; it too will rise.
There is no provision for matching funds in state elections, so the candidate must raise all the funds he spends. This discourages candidacies, because to attain a minimal level of exposure in an assembly race against an incumbent, spending close to $100,000 is a requirement. Double that sum for a state senate race. Since people are usually unlikely to give large sums to local candidates, there is a great advantage to aspirants who can fund their own races.
6. The roll out of the new electronic voting machines was flawed, drawing the ire of the public and spurring elected officials to berate the Board of Elections. Now we must find out how accurate the electoral counts tabulated by the machines are. Today, the Board is conducting a lottery to randomly select 3% of the election districts in the five boroughs for a hand recount of the paper ballots processed by the machines. We will keep you posted on how the two sets of figures match up. Theoretically, they should be identical.
7. The 2011 legislature will be very much like the 2010 legislature, except that the coup conspirators Espada and Monserrate will be gone. We cannot predict which party will control the state senate next year, and what the effect of the Paladino candidacy will be on Republican legislative candidates. Will the GOP be energized by its standard bearer, or will frightened moderates desert the elephant line?
Democratic senate leader John Sampson of Brooklyn will presumably succeed Pedro Espada as majority leader, if the Democrats retain their senate majority. Sampson has written a letter signing on to the Koch reforms, as has Dean Skelos, the Republican leader, and all his troops.
8. If the senators keep their written pledges, substantial legislative reform would be a strong possibility in the areas of redistricting by an independent commission, ethics reform identifying and limiting the private employment of elected public servants in the legislature, and requiring a state budget to be balanced budget pursuant to generally accepted accounting principles (GAAP). This is the law in New York City, but not in New York State.
The Assembly will be a harder sell. Speaker Silver says that he would allow some reforms, but he has balked at an independent redistricting commission.
An important element of the Speaker's power to enforce his will is the ability to punish refractory (from his viewpoint) legislators by abolishing their districts, merging them with others, or removing their homes from their districts. An independent commission would presumably not be congenial to spot redistricting on the basis of a legislator's independence or submission to the Speaker.
The leadership has many other powers over individual members, including committee assignments, lulus (pensionable payments to committee chairs and miscellaneous favored designees), the use of the Rules Committee to advance or to bottle up bills, the assignment of office space and other facilities, etc. The Speaker's power was likened many years ago, with regard to the City Council, to the authority of a Mother Superior in a convent. The power to terminate a political career by reapportionment is a superfluous award of authority to the most powerful man in state government (with the occasional, but not recent, exception of the governor.
It is now 48 days to the election. We will be following the race.
TODAY’S PUZZLE
Rule 9-I is simple: “I’ll be back.” Who said it, and when? We will list the winners. Hint: The answer is not Amelia Earhart, or some other tragic figure.
CONTEST WINNERS
Last week, in our article “Sleeper Candidate?”, we challenged our readers to explain the names and numbering of Rule 8-F (“Do not bite the hand that feeds you”), Rule 8-M: ("He who pays the piper calls the tune") and Rule 8-FM: "Whose bread I eat, his song I sing." Congratulations to Janos Marton and Eldon Reiley, who correctly pointed out that all three rules are 8 words long and that “F” refers to food and “M” to music. Naturally, “FM” refers to both food and music.
Today’s puzzle is easier to solve. We look forward to receiving your answers. There is no entry fee. Winners will be listed in order of the receipt of their entries. No cheating. Try not to use Wikipedia.
Friday, August 20, 2010
Two Terms Good, Three Terms Bad
Charter Commission Weighs
Permission for Incumbents
To Run for an Extra Term,
Ignoring Public Referenda
The Charter Revision Commission will meet Monday evening to decide what amendments to the City Charter will be placed on the ballot in November. The Commission's recommendations are generally beneficial and should not arouse much public controversy, except from diehards who want the political process to be as arduous and arcane as possible.
The Commission was appointed in March 2010. Its primary mission was to settle the issue of term limits, which had been approved by the voters in 1993 and 1996. In September 2008, when it was too late for anyone else place a charter amendment on the ballot, Mayor Bloomberg proposed, and the Council approved, a charter amendment overriding the public referenda in the '90s, and providing third-term eligibility for themselves. To make amends for this last-minute power play, the mayor promised to appoint a charter commission in 2010, with the expectation that the term limits issue would be resolved.
The Commission did agree to send the issue to a referendum in November, but unfortunately there is a catch. The issue of when term limits as approved by the public will go into effect is in dispute. Logically, the effective date should be the next election for councilmembers, scheduled for 2013. In a strong editorial today, the Daily News made this point convincingly.
However, an effort is being made to 'grandfather' only those councilmembers elected in 2005, so that they will be able to remain in office until 2017, even if the public votes in 2010 for a two-term limit.
That would be an enormous injustice. Members of the classes of 2001 and 2005 stretched the law to its limit by voting to extend their own eligibility. They found a loophole in the Charter and drove right through it. Now, if the public votes for a two-term limit, it would mean they must leave in 2013, as the Charter originally provided. As a result, they are seeking to create yet another loophole by grandfathering themselves into third-term eligibility. This would again frustrate the will of the voters if they support a limit of two terms, with which polls indicate that 71 per cent of the voters agree.
If the Commission and its members seek to retain their good reputations for integrity and independence, they cannot allow this scheme to succeed. When the public repeatedly says, in its Orwellian mode, "Two terms good, three terms bad" the handful of councilmembers who created the problem in the first place should not be allowed to concoct another scheme to deny the public the right to vote on whether they should have third-term eligibility. The case is worse than a parricide who demands mercy as an orphan. Here the officials are trying to prohibit the jurors from even considering whether they should be allowed to profit from their misdeeds.
Now is the time to close the door on this unfortunate chapter of New York political history. To allow the situation to carry over to 2017 would invite another referendum next year on the same issue. That would denigrate and obscure the other serious matters on which the Charter commission is charged with deliberating.
Close the barn door. Conclude this matter in 2011. Let the Charter Revision Commission go forward with constructive study of municipal issues, of which there are many, rather than stooping to reward the handful of self-serving councilmembers whose desire to linger generated this problem.
GEESE: Latest census, taken by Anne-Katrin Titze, shows 114 geese, nine swans and numerous ducks on the Prospect Park Lake. The swans are members of two families, who are not always friendly to each other. The population consists of four adults and five cygnets. On July 7, Federal agents removed and executed about 300 geese, but the lake is being repopulated as new Canada geese arrive. They are apparently unaware of the fate that befell their brothers and sisters last month.
TREES: The Pelham Parkway 87, originally marked for destruction for highway construction, have received a temporary reprieve after their cause was embraced by local newspapers, Regis Philbin of ABC, who grew up near Pelham Parkway, and community activists. The city will review its design to protect both trees and cars.
A greater threat has arisen to the trees on Pelham Parkway South. The proposed reconstruction of a sewer threatens the roots of mature trees on the sidewalk and in the park. The plans should be reviewed by the community and the city agencies involved, Design & Construction and Environmental Protection, before any excavation is begun which endangers the root system of nearby trees. This is entirely possible to do through a process called in situ construction.
ESPADA: No report is complete without an update on the actions of Senator Pedro Espada, who initiated the June 2009 coup which tied up the Senate for a month, along with his sidekick, now former Senator Hiram Monserrate.
Espada is involved in a dispute with a clothier who sold him six custom-made suits, for which the Senator refuses to pay. The scandal was broken by Tom Robbins, who described the affair in absorbing detail, on pages 10 and 11 in the August 18 Village Voice, and reported on p2 of yesterday's Daily News by Tina Moore and Kenneth Lovett.
The unpaid bill is said to be $7200. Sales tax is 8.875% in the Bronx, which he represents, and 7.4% in Mamaroneck, where he is said to live. On a purchase for that sum, the difference is sales tax would be $106.20, and the question arises as to which address he used.
On the other hand, if you're not going to pay the bill, why be concerned about the sales tax?
Permission for Incumbents
To Run for an Extra Term,
Ignoring Public Referenda
The Charter Revision Commission will meet Monday evening to decide what amendments to the City Charter will be placed on the ballot in November. The Commission's recommendations are generally beneficial and should not arouse much public controversy, except from diehards who want the political process to be as arduous and arcane as possible.
The Commission was appointed in March 2010. Its primary mission was to settle the issue of term limits, which had been approved by the voters in 1993 and 1996. In September 2008, when it was too late for anyone else place a charter amendment on the ballot, Mayor Bloomberg proposed, and the Council approved, a charter amendment overriding the public referenda in the '90s, and providing third-term eligibility for themselves. To make amends for this last-minute power play, the mayor promised to appoint a charter commission in 2010, with the expectation that the term limits issue would be resolved.
The Commission did agree to send the issue to a referendum in November, but unfortunately there is a catch. The issue of when term limits as approved by the public will go into effect is in dispute. Logically, the effective date should be the next election for councilmembers, scheduled for 2013. In a strong editorial today, the Daily News made this point convincingly.
However, an effort is being made to 'grandfather' only those councilmembers elected in 2005, so that they will be able to remain in office until 2017, even if the public votes in 2010 for a two-term limit.
That would be an enormous injustice. Members of the classes of 2001 and 2005 stretched the law to its limit by voting to extend their own eligibility. They found a loophole in the Charter and drove right through it. Now, if the public votes for a two-term limit, it would mean they must leave in 2013, as the Charter originally provided. As a result, they are seeking to create yet another loophole by grandfathering themselves into third-term eligibility. This would again frustrate the will of the voters if they support a limit of two terms, with which polls indicate that 71 per cent of the voters agree.
If the Commission and its members seek to retain their good reputations for integrity and independence, they cannot allow this scheme to succeed. When the public repeatedly says, in its Orwellian mode, "Two terms good, three terms bad" the handful of councilmembers who created the problem in the first place should not be allowed to concoct another scheme to deny the public the right to vote on whether they should have third-term eligibility. The case is worse than a parricide who demands mercy as an orphan. Here the officials are trying to prohibit the jurors from even considering whether they should be allowed to profit from their misdeeds.
Now is the time to close the door on this unfortunate chapter of New York political history. To allow the situation to carry over to 2017 would invite another referendum next year on the same issue. That would denigrate and obscure the other serious matters on which the Charter commission is charged with deliberating.
Close the barn door. Conclude this matter in 2011. Let the Charter Revision Commission go forward with constructive study of municipal issues, of which there are many, rather than stooping to reward the handful of self-serving councilmembers whose desire to linger generated this problem.
GEESE: Latest census, taken by Anne-Katrin Titze, shows 114 geese, nine swans and numerous ducks on the Prospect Park Lake. The swans are members of two families, who are not always friendly to each other. The population consists of four adults and five cygnets. On July 7, Federal agents removed and executed about 300 geese, but the lake is being repopulated as new Canada geese arrive. They are apparently unaware of the fate that befell their brothers and sisters last month.
TREES: The Pelham Parkway 87, originally marked for destruction for highway construction, have received a temporary reprieve after their cause was embraced by local newspapers, Regis Philbin of ABC, who grew up near Pelham Parkway, and community activists. The city will review its design to protect both trees and cars.
A greater threat has arisen to the trees on Pelham Parkway South. The proposed reconstruction of a sewer threatens the roots of mature trees on the sidewalk and in the park. The plans should be reviewed by the community and the city agencies involved, Design & Construction and Environmental Protection, before any excavation is begun which endangers the root system of nearby trees. This is entirely possible to do through a process called in situ construction.
ESPADA: No report is complete without an update on the actions of Senator Pedro Espada, who initiated the June 2009 coup which tied up the Senate for a month, along with his sidekick, now former Senator Hiram Monserrate.
Espada is involved in a dispute with a clothier who sold him six custom-made suits, for which the Senator refuses to pay. The scandal was broken by Tom Robbins, who described the affair in absorbing detail, on pages 10 and 11 in the August 18 Village Voice, and reported on p2 of yesterday's Daily News by Tina Moore and Kenneth Lovett.
The unpaid bill is said to be $7200. Sales tax is 8.875% in the Bronx, which he represents, and 7.4% in Mamaroneck, where he is said to live. On a purchase for that sum, the difference is sales tax would be $106.20, and the question arises as to which address he used.
On the other hand, if you're not going to pay the bill, why be concerned about the sales tax?
Thursday, July 22, 2010
Cops Go Forward; Geese Come Back
Budget Deadlock - Day 113
Police Will Scan Data Manually
To Comply With Stop and Frisk,
Geese Returning to Prospect Park
Our Tuesday column on stop and frisk legislation produced interesting reactions. The first emailed replies received were negative, some castigating me for going over to the dark side. The next day, Wednesday, predominantly supportive emails were received. Today (Thursday) people are no longer writing us on the subject. This shows that, although the opinion of our readers is divided, the opponents of the bill feel more intensely about it. Further comments are welcome. You may go to this link to post your thoughts.
The new law, which precludes an electronic database of those stopped by the police but not arrested, passed 85-55 in the Assembly, with 14 Democrats joining 41 Republicans in opposing it. The Democrats were Assemblymembers Marc Alessi, William Colton, Steven Englebright, Ginny Fields, Dennis Gabryszak, Sandra Galef, Aileen Gunther, Janele Hyer-Spencer, Michael Miller, Amy Paulin, Mike Spano, Robin Schimminger, Harvey Weisenberg, and Kenneth Zebrows. Three of the 14 are from New York City: Colton (Brooklyn), Miller (Queens) and Hyer-Spencer (Staten Island).
In the Senate, all 32 Democrats supported it. If any one of them had opposed it, abstained, or been absent, the bill would not have passed. All 29 Republicans opposed it.
Governor Paterson signed the bill on July 16th, ignoring appeals by Mayor Bloomberg, Commissioner Ray Kelly, the News and the Post. You can click here to read our article from Tuesday, which has many links to primary data on the subject, including the governor's written signing statement in support of the bill.
Governor Paterson's explanation, a spontaneous expansion of his signing statement, was quoted in a Daily News editorial this morning:
"'That is not a policy for a democracy. Maybe that might work in Bosnia. Maybe that might in Somalia. Maybe it would have worked in the Soviet Union or in ‘1984’. But we can't allow it to happen here.'"
The News' editorial continued with increasing vigor, denouncing Paterson's remarks as "slander". We quote:
"He also cited the Police Department's computerized files in the same breath with egregious infringements on civil rights, including the Alien and Sedition Acts [1798], and the internment of Japanese-Americans during World War II.
"This is gubernatorial slander of a department that has a deserved reputation for successful crimefighting well within the bounds of the U.S. Constitution. Somalia? Bosnia? The Soviet Union? Are those the precincts into which Paterson believes Commissioner Ray Kelly has led the NYPD?"
The new law was sponsored in the Senate by Eric Adams, and co-sponsored by Pedro Espada, Velmanette Montgomery, Kevin Parker and Jose Peralta, who defeated Hiram Monserrate, his predecessor. The Assembly sponsor was Hakeem Jeffries.
The Police Department's initial response to the state restriction was reported in a story by Rocco Parascandola, chief of the Daily News police bureau. It appears across the top of p2, which is prominent placement. The article is headlined: "WRITE ON, SAY COPS: Brass Says Stop-&-Frisk Records Aren't Dead, Just Use Paper, Not Computers."
The lede: "Cops can no longer keep a giant electronic library of everyone they stop on the street - but officers can still collect names the old-fashioned way, a new NYPD memo says.
"The internal memo was sent out Friday, just after Gov. Paterson signed a law banning the NYPD from entering personal information of innocent people into a citywide database…."
We have not heard the last of this issue. Although opinion on the merits of the bill appears to be divided, as the Assembly Democrats are, the unanimity of Senate Democrats and Attorney General candidates indicates that they are marching to the tune of a different drummer.
THE GEESE RETURN TO PROSPECT PARK; DON’T TRY TO FOOL WITH MOTHER NATURE
The geese are back in Prospect Park.
According to a count this morning from two of our readers, Ed Bahlman and Anne-Katrin Titze, 28 Canada Geese have resettled at Prospect Park Lake since their feathered friends were rounded up and gassed to death on July 8th.
We have every reason to believe that our readers’ count is accurate, as it was Ms. Titze who conducted the official New York State Ornithological Association and NYS Department of Environmental Conservation Waterfowl Count of the area in January 2010.
Although the return of the geese is fair news for fans of the local fowl, we were hesitant to report it for fear that we would be sentencing these new settlers to the same fate as their predecessors. Upon further reflection, however, we were convinced that these geese would certainly not go unnoticed by the authorities, and so the best chance of advocating for their safety was to make public the fact of their residence.
The return of the geese deepens our suspicion that the eradication of the Prospect Park 400 was not adequately thought through. Does the U.S. Department of Agriculture, which is said to have ordered the mass killing, intend to hunt down these 28 geese too, along with those yet to join them? Are they to be gassed on a rolling basis or will the executioner come once a year after mating season, while they are molting and unable to fly?
Clearly, there are problems with the government's explanation of its actions. As we pointed out in our column on June 16th, the seven-mile kill zone extending from both LaGuardia and J.F.K. designated by the Agriculture Department for geese removal, does not accurately encompass Prospect Park, which is between 9 and 10 miles away from both airports. In a follow-up piece to our article, The New York Times confirmed our measurements.
We still maintain the public deserves more information about the government's policy of geese removal. We do not dismiss the possibility that the removal of some geese may be necessary for air safety, but there are unanswered questions about the Brooklyn geese, the cruelty of their execution and the disposition of their bodies. We believe that before more geese and goslings are butchered, a clear statement of procedures and alternatives is needed. The government requires an EIS for projects with less environmental effect than this mass ansercide.
We share this planet with millions of other species. We should not exterminate animals without clear evidence that it is necessary to do so to safeguard human life.
Police Will Scan Data Manually
To Comply With Stop and Frisk,
Geese Returning to Prospect Park
Our Tuesday column on stop and frisk legislation produced interesting reactions. The first emailed replies received were negative, some castigating me for going over to the dark side. The next day, Wednesday, predominantly supportive emails were received. Today (Thursday) people are no longer writing us on the subject. This shows that, although the opinion of our readers is divided, the opponents of the bill feel more intensely about it. Further comments are welcome. You may go to this link to post your thoughts.
The new law, which precludes an electronic database of those stopped by the police but not arrested, passed 85-55 in the Assembly, with 14 Democrats joining 41 Republicans in opposing it. The Democrats were Assemblymembers Marc Alessi, William Colton, Steven Englebright, Ginny Fields, Dennis Gabryszak, Sandra Galef, Aileen Gunther, Janele Hyer-Spencer, Michael Miller, Amy Paulin, Mike Spano, Robin Schimminger, Harvey Weisenberg, and Kenneth Zebrows. Three of the 14 are from New York City: Colton (Brooklyn), Miller (Queens) and Hyer-Spencer (Staten Island).
In the Senate, all 32 Democrats supported it. If any one of them had opposed it, abstained, or been absent, the bill would not have passed. All 29 Republicans opposed it.
Governor Paterson signed the bill on July 16th, ignoring appeals by Mayor Bloomberg, Commissioner Ray Kelly, the News and the Post. You can click here to read our article from Tuesday, which has many links to primary data on the subject, including the governor's written signing statement in support of the bill.
Governor Paterson's explanation, a spontaneous expansion of his signing statement, was quoted in a Daily News editorial this morning:
"'That is not a policy for a democracy. Maybe that might work in Bosnia. Maybe that might in Somalia. Maybe it would have worked in the Soviet Union or in ‘1984’. But we can't allow it to happen here.'"
The News' editorial continued with increasing vigor, denouncing Paterson's remarks as "slander". We quote:
"He also cited the Police Department's computerized files in the same breath with egregious infringements on civil rights, including the Alien and Sedition Acts [1798], and the internment of Japanese-Americans during World War II.
"This is gubernatorial slander of a department that has a deserved reputation for successful crimefighting well within the bounds of the U.S. Constitution. Somalia? Bosnia? The Soviet Union? Are those the precincts into which Paterson believes Commissioner Ray Kelly has led the NYPD?"
The new law was sponsored in the Senate by Eric Adams, and co-sponsored by Pedro Espada, Velmanette Montgomery, Kevin Parker and Jose Peralta, who defeated Hiram Monserrate, his predecessor. The Assembly sponsor was Hakeem Jeffries.
The Police Department's initial response to the state restriction was reported in a story by Rocco Parascandola, chief of the Daily News police bureau. It appears across the top of p2, which is prominent placement. The article is headlined: "WRITE ON, SAY COPS: Brass Says Stop-&-Frisk Records Aren't Dead, Just Use Paper, Not Computers."
The lede: "Cops can no longer keep a giant electronic library of everyone they stop on the street - but officers can still collect names the old-fashioned way, a new NYPD memo says.
"The internal memo was sent out Friday, just after Gov. Paterson signed a law banning the NYPD from entering personal information of innocent people into a citywide database…."
We have not heard the last of this issue. Although opinion on the merits of the bill appears to be divided, as the Assembly Democrats are, the unanimity of Senate Democrats and Attorney General candidates indicates that they are marching to the tune of a different drummer.
THE GEESE RETURN TO PROSPECT PARK; DON’T TRY TO FOOL WITH MOTHER NATURE
The geese are back in Prospect Park.
According to a count this morning from two of our readers, Ed Bahlman and Anne-Katrin Titze, 28 Canada Geese have resettled at Prospect Park Lake since their feathered friends were rounded up and gassed to death on July 8th.
We have every reason to believe that our readers’ count is accurate, as it was Ms. Titze who conducted the official New York State Ornithological Association and NYS Department of Environmental Conservation Waterfowl Count of the area in January 2010.
Although the return of the geese is fair news for fans of the local fowl, we were hesitant to report it for fear that we would be sentencing these new settlers to the same fate as their predecessors. Upon further reflection, however, we were convinced that these geese would certainly not go unnoticed by the authorities, and so the best chance of advocating for their safety was to make public the fact of their residence.
The return of the geese deepens our suspicion that the eradication of the Prospect Park 400 was not adequately thought through. Does the U.S. Department of Agriculture, which is said to have ordered the mass killing, intend to hunt down these 28 geese too, along with those yet to join them? Are they to be gassed on a rolling basis or will the executioner come once a year after mating season, while they are molting and unable to fly?
Clearly, there are problems with the government's explanation of its actions. As we pointed out in our column on June 16th, the seven-mile kill zone extending from both LaGuardia and J.F.K. designated by the Agriculture Department for geese removal, does not accurately encompass Prospect Park, which is between 9 and 10 miles away from both airports. In a follow-up piece to our article, The New York Times confirmed our measurements.
We still maintain the public deserves more information about the government's policy of geese removal. We do not dismiss the possibility that the removal of some geese may be necessary for air safety, but there are unanswered questions about the Brooklyn geese, the cruelty of their execution and the disposition of their bodies. We believe that before more geese and goslings are butchered, a clear statement of procedures and alternatives is needed. The government requires an EIS for projects with less environmental effect than this mass ansercide.
We share this planet with millions of other species. We should not exterminate animals without clear evidence that it is necessary to do so to safeguard human life.
Friday, July 09, 2010
Can't Anybody Here Play This Game?
Budget Deadlock -Day 98
Buffalonian Senator
Stachowski Objects
To Paying Sales Tax
On Cheap Clothing
The state budget - or the lack of it - is as unpleasant a subject as the heat wave, and we had hoped that by now both issues would have been resolved.
Unfortunately, the parties in Albany are still far apart. Today we are 98 days behind the legal deadline, which means the new state fiscal year, 2011, is now more than one-quarter over. During the Pataki era (1995-2006) a couple of budgets were not approved until August, but we were promised that when the governorship and both houses of the legislature come under one party (the Democrats) that issues would be settled promptly and amicably.
Though there are many disputes simmering in Albany, the current deadlock is about adopting the budget. Whatever else the executive and legislative branches are supposed to accomplish this year remains in limbo, partly because there is a lame-duck governor, partly because the Democrats have a bare majority of 32 senators, which means every one of them must vote for a bill to pass it, for if any member objects, the bill is lost. A senator may raise objections because of unrelated grievances against the leadership or concerns over other legislation.
In the current standoff, both houses have passed bills specifying appropriations. As might be expected, they differ. However, only the Assembly has passed a revenue bill, which is needed to pay for the expenditures, or at least some of them. The Senate cannot muster 32 votes to pass a tax bill because Senator William Stachowski of Buffalo will not approve any measure which does not provide increased status and authority for the State University at Buffalo. To insist on this expansion of SUNY-Buffalo, Stachowski is withholding support for an agreed upon re-instatement of the state's portion of sales tax on clothing under $110, which the Assembly and Senate are depending upon to balance the budget. The Democrats oppose the expansion of power for SUNY-Buffalo (and Stony Brook) because potentially all 64 state colleges could seek independence and operate autonomously, raising tuition at will and leaving some institutions far stronger than others. We have no idea at this time how or when this issue will be resolved.
Senator Stachowski is also reported to be displeased because, as a leading Democrat on the Finance Committee, he expected to chair the committee when the Democrats regained control of the Senate (after 43 years in the wilderness). However, that plum went to Senator Carl Kruger, who with the 'three amigos', Espada, Monserrate and Diaz, Sr., effectively controlled the organization of the DINO (Democratic in name only) senate.
In fact, it was former Majority Leader Malcolm Smith's refusal of Espada's demand for millions of state dollars to subsidize the Soundview Health Center that he and his three sons operate, that triggered the Espada-Monserrate revolt that led to Smith's unseating as majority leader and Sampson's installation as conference chair, with benefits.
Public confidence in the State Senate was not enhanced by the resulting June 8 coup, in which Senator Pedro Espada and former Senator Hiram Monserrate voted with the 30 Republicans to displace the Democratic leaders and form a new Republican majority. After a month of anarchy, Espada returned to the fold, and was rewarded with the majority leadership, formerly held by Malcolm Smith, who was kicked upstairs to president pro tempore of the senate, making him third in line to become governor, if the worst should happen.
As a by-product of this successful piracy, Richard Ravitch was appointed Lieutenant Governor by Governor Paterson and Judge Jonathan Lippman persuaded three judges on the Court of Appeals to join him in finding the appointment constitutional, although it was historically unprecedented in the 233-year history of the State of New York. Paterson now says he regrets the appointment because he feels Ravitch is too close to Speaker Silver and to establishment figures in New York City.
Much of what remains of authority in Albany is concentrated in the Assembly Speaker, who is clearly master of his own house. However, prospective governor Andrew Cuomo is already making his own judgments on issues in which the speaker may have an interest, professional or personal. The de facto Democratic senate leader, John Sampson of Brooklyn, does not have enough votes to override a governor's veto. (Silver does, but both houses must concur in order to override.)
The result so far is deadlock, which can theoretically continue until the State runs out of money. Since its finances have been so manipulated, no one can predict with certainty when that will be. But as with Bernie Madoff, the day is certain to come.
UPDATE ON THE AQUEDUCT GAMING SCANDAL:
MALAYSIAN IS LAST MAN STANDING (AS OF TODAY)
Senator Sampson was criticized last month for leaking the details of a bid, including two internal Senate documents, on the Aqueduct racino to a lobbyist (former Senator Carl Andrews) for the Aqueduct Entertainment Group (AEG), the firm that won the contract, which has since been cancelled after the State Lottery Division deemed the Aqueduct Entertainment Group to be "unlicensable". Sampson denied any wrongdoing in connection with furnishing the documents to AEG, one of whose investors was former Congressman Floyd Flake, who has since withdrawn from participation in the group.
Yesterday's Post reported, in a story by Brendan Scott, headlined "2 OF 3 AQUEDUCT BIDDERS SCRATCHED" that "Now there's only one horse in the race for the multibillion-dollar casino contract at Aqueduct Racetrack.
"The state Lottery Division yesterday abruptly tossed two of the three bids it received last week to build and run a video slots parlor at the faded Queens track, leaving only Malaysian gaming giant Genting in the running.
"The cash-strapped state is counting on the winner to pay a $300 million licensing fee.
"Lottery officials decided that the two disqualified bidders - Penn National Gaming and the powerful SL Green-Hard Rock partnership - 'did not conform with the requirements of the competition.'"
The Acqueduct situation has been a public embarrassment since Governor Paterson first attempted to award the sole-source contract to the politically wired Aqueduct Entertainment Group on January 29th. This took place close to the time that he was soliciting the support of Reverend (and former Congressman) Floyd Flake's support in his projected gubernatorial race against Attorney General Andrew Cuomo. Flake was a minor participant in AEG.
Six months later, no final decision has been made. There has been no independent review of whether the racino is a good idea, or simply a desperate attempt to pump $300 million into a chasmic state budget hole that now exceeds $9 billion.
Why would any rational person seek to govern this state at this time, unless it were the family business?
STARQUEST IN THE NEWS
"The architecture of Central Park, like the United States Constitution, must evolve with the times." StarQuest weighs in on the future of Tavern on the Green in yesterday's New York Times. Read all about it here.
StarQuest reminisces about Parks Department alum, Bradley Tusk (a.k.a. Ivory), in this week's Observer profile of Tusk entitled "Mayor Bloomberg's Secret Weapon". Click here to read the entire article.
Buffalonian Senator
Stachowski Objects
To Paying Sales Tax
On Cheap Clothing
The state budget - or the lack of it - is as unpleasant a subject as the heat wave, and we had hoped that by now both issues would have been resolved.
Unfortunately, the parties in Albany are still far apart. Today we are 98 days behind the legal deadline, which means the new state fiscal year, 2011, is now more than one-quarter over. During the Pataki era (1995-2006) a couple of budgets were not approved until August, but we were promised that when the governorship and both houses of the legislature come under one party (the Democrats) that issues would be settled promptly and amicably.
Though there are many disputes simmering in Albany, the current deadlock is about adopting the budget. Whatever else the executive and legislative branches are supposed to accomplish this year remains in limbo, partly because there is a lame-duck governor, partly because the Democrats have a bare majority of 32 senators, which means every one of them must vote for a bill to pass it, for if any member objects, the bill is lost. A senator may raise objections because of unrelated grievances against the leadership or concerns over other legislation.
In the current standoff, both houses have passed bills specifying appropriations. As might be expected, they differ. However, only the Assembly has passed a revenue bill, which is needed to pay for the expenditures, or at least some of them. The Senate cannot muster 32 votes to pass a tax bill because Senator William Stachowski of Buffalo will not approve any measure which does not provide increased status and authority for the State University at Buffalo. To insist on this expansion of SUNY-Buffalo, Stachowski is withholding support for an agreed upon re-instatement of the state's portion of sales tax on clothing under $110, which the Assembly and Senate are depending upon to balance the budget. The Democrats oppose the expansion of power for SUNY-Buffalo (and Stony Brook) because potentially all 64 state colleges could seek independence and operate autonomously, raising tuition at will and leaving some institutions far stronger than others. We have no idea at this time how or when this issue will be resolved.
Senator Stachowski is also reported to be displeased because, as a leading Democrat on the Finance Committee, he expected to chair the committee when the Democrats regained control of the Senate (after 43 years in the wilderness). However, that plum went to Senator Carl Kruger, who with the 'three amigos', Espada, Monserrate and Diaz, Sr., effectively controlled the organization of the DINO (Democratic in name only) senate.
In fact, it was former Majority Leader Malcolm Smith's refusal of Espada's demand for millions of state dollars to subsidize the Soundview Health Center that he and his three sons operate, that triggered the Espada-Monserrate revolt that led to Smith's unseating as majority leader and Sampson's installation as conference chair, with benefits.
Public confidence in the State Senate was not enhanced by the resulting June 8 coup, in which Senator Pedro Espada and former Senator Hiram Monserrate voted with the 30 Republicans to displace the Democratic leaders and form a new Republican majority. After a month of anarchy, Espada returned to the fold, and was rewarded with the majority leadership, formerly held by Malcolm Smith, who was kicked upstairs to president pro tempore of the senate, making him third in line to become governor, if the worst should happen.
As a by-product of this successful piracy, Richard Ravitch was appointed Lieutenant Governor by Governor Paterson and Judge Jonathan Lippman persuaded three judges on the Court of Appeals to join him in finding the appointment constitutional, although it was historically unprecedented in the 233-year history of the State of New York. Paterson now says he regrets the appointment because he feels Ravitch is too close to Speaker Silver and to establishment figures in New York City.
Much of what remains of authority in Albany is concentrated in the Assembly Speaker, who is clearly master of his own house. However, prospective governor Andrew Cuomo is already making his own judgments on issues in which the speaker may have an interest, professional or personal. The de facto Democratic senate leader, John Sampson of Brooklyn, does not have enough votes to override a governor's veto. (Silver does, but both houses must concur in order to override.)
The result so far is deadlock, which can theoretically continue until the State runs out of money. Since its finances have been so manipulated, no one can predict with certainty when that will be. But as with Bernie Madoff, the day is certain to come.
UPDATE ON THE AQUEDUCT GAMING SCANDAL:
MALAYSIAN IS LAST MAN STANDING (AS OF TODAY)
Senator Sampson was criticized last month for leaking the details of a bid, including two internal Senate documents, on the Aqueduct racino to a lobbyist (former Senator Carl Andrews) for the Aqueduct Entertainment Group (AEG), the firm that won the contract, which has since been cancelled after the State Lottery Division deemed the Aqueduct Entertainment Group to be "unlicensable". Sampson denied any wrongdoing in connection with furnishing the documents to AEG, one of whose investors was former Congressman Floyd Flake, who has since withdrawn from participation in the group.
Yesterday's Post reported, in a story by Brendan Scott, headlined "2 OF 3 AQUEDUCT BIDDERS SCRATCHED" that "Now there's only one horse in the race for the multibillion-dollar casino contract at Aqueduct Racetrack.
"The state Lottery Division yesterday abruptly tossed two of the three bids it received last week to build and run a video slots parlor at the faded Queens track, leaving only Malaysian gaming giant Genting in the running.
"The cash-strapped state is counting on the winner to pay a $300 million licensing fee.
"Lottery officials decided that the two disqualified bidders - Penn National Gaming and the powerful SL Green-Hard Rock partnership - 'did not conform with the requirements of the competition.'"
The Acqueduct situation has been a public embarrassment since Governor Paterson first attempted to award the sole-source contract to the politically wired Aqueduct Entertainment Group on January 29th. This took place close to the time that he was soliciting the support of Reverend (and former Congressman) Floyd Flake's support in his projected gubernatorial race against Attorney General Andrew Cuomo. Flake was a minor participant in AEG.
Six months later, no final decision has been made. There has been no independent review of whether the racino is a good idea, or simply a desperate attempt to pump $300 million into a chasmic state budget hole that now exceeds $9 billion.
Why would any rational person seek to govern this state at this time, unless it were the family business?
STARQUEST IN THE NEWS
"The architecture of Central Park, like the United States Constitution, must evolve with the times." StarQuest weighs in on the future of Tavern on the Green in yesterday's New York Times. Read all about it here.
StarQuest reminisces about Parks Department alum, Bradley Tusk (a.k.a. Ivory), in this week's Observer profile of Tusk entitled "Mayor Bloomberg's Secret Weapon". Click here to read the entire article.
Thursday, June 10, 2010
Sticks and Stones
Rogue Senators
Trash Governor
In War of Words.
'Thugs', He Calls
Espada and Diaz.
Day 71 without a budget. There are 71 characters on a standard English keyboard, not counting upper and lower case characters twice.
The situation in Albany changes from hour to hour, as insults are hurled back and forth between several senators and the governor.
Two Daily News articles do justice to the situation: Bill Hammond's PEDRO & SKELOS STAR IN 'CHAOS' 2, in yesterday’s News, reminds us of Bill and Ted’s Excellent Adventure, except that Hammond is funnier. Reading the column, you should be outraged, but you may also be amused.
The story is followed up in today's News in an article by Glenn Blain and Kenneth Lovett of the News' Albany bureau. Headlined POLS SLING MUD AS STATE TILTS TOWARD CHAOS, the story begins:
"Pro wrestling would kill for the vindictive, no-holds-barred story line unfolding in the state Capitol. Sens. Pedro Espada and Ruben Diaz teamed up against Gov. Paterson yesterday in a budget battle featuring personal jabs as subtle as sledgehammers.
'We cannot let an unelected, lame-duck governor that no one in the state wants to actually decide this [budget] by himself in a piecemeal fashion,' said Espada, miffed over the spending cuts Paterson has tucked into short-term emergency plans."
Then Espada went for the knockout by referring to Paterson's despair over the ongoing attorney general probe of his contact with a domestic violence victim.
"Rev. Diaz and I were the first ones to visit Gov. Paterson in his mansion when he was stretched out on a psychiatric sofa, unable to lift himself to come to work."
Quickly, [Espada] added: "We don’t want to resort to name-calling."
Paterson, likewise, pulled no punches in unleashing his own barrage of insults.
He dismissed the two Bronx Democrats, both of whom threatened to shut down the government over budget disputes, as irresponsible rogues and blackmailers.
"I'm not going to respond to any threats, any thug activity," Paterson said. He didn’t mention the two senators by names, but his targets were unmistakable."
We at New York Civic cannot predict how these angry Democrats will feel tomorrow. The Republicans so far have been no help, seeking only to portray the Democrats as incompetent to manage the senate or adopt a budget. This Republican strategy plays into the hands of Espada and Diaz by making them necessary parties to a budget agreement. As successor to Joe Bruno, who resigned because of legal problems, Skelos should be working with Paterson. However, he resents being excluded whenever he is not needed, and he wants desperately to regain the senate majority the Republicans lost in 2008 after forty-three years in power. He doesn't know what strategy to follow, but he should remember that Newt Gingrich was blamed for the last federal government shutdown, in 1995-96.
The issues are likely to be resolved, but not before the last minute. So far the parties are playing a game of 'chicken', expecting the other to back down or to agree to a face-saving compromise. Returning to the movies after Bill & Ted, we note than in Rebel Without a Cause, one of the competing cars went over the cliff. The same dramatic conclusion ended the story of Thelma and Louise, except that they were in one car.
Actually, a government shutdown for a brief period might not be so bad. It could show us some of what we could get by without. Besides, state employees are not nearly as essential as city police, fire, transit and sanitation workers. It is not in the state workers' interest for the public to find that out.
Tuesday, June 08, 2010
Cuckoo Coupday
$125 Billion Spent,
What Do You Get?
Another Year Older
And Deeper in Debt
Day 69 without a budget - en francais, soixante-neuf.
The Battle of the Budget continues, with both the Senate and the Assembly acting as if time were on their side. Time does seem to be working to help Governor Paterson, who has included budget reductions ("poison pills" to the spenders) along with the weekly extender to keep the state operating without an approved budget for FY 2010-2011, which began on April 1, 2010, almost ten weeks ago.
The political issue at play is who will be blamed if the government, at least the part of it that does not affect public health and safety, shuts down. The last such near-death experience took place with regard to the federal government from November 14 through November 19, 1995 and from December 16, 1995 to January 6, 1996. The cause was a dispute between President Clinton and House Speaker Newt Gingrich over whether the legal limit on the national debt should be increased.
For the government to be able to pay its bills, the debt limit would have to be raised. Gingrich, the fiscal conservative, refused to do that. As a result, federal offices were closed nationwide and many functions involving the public could not be performed. The public blamed Gingrich and the Republicans for the shutdown. In January 1996, the Republicans relented and raised the debt limit to $5.5 trillion. BTW, today the national debt exceeds $13 trillion.
In the current budget war, Governor Paterson is likely to increase the pressure by including additional budget cuts in the weekly extension legislation. Under this strategy, the Senate and Assembly would either have to swallow the cuts or take responsibility for shutting down the State, which would displease, among others, the employee unions upon whose generosity the legislators feast to the tune of millions of dollars each year, and on whose phone banks the solons rely should anyone have the impertinence to oppose their candidacies for re-election.
Today marks the first anniversary of last summer's inglorious Senate putsch, in which Senator Pedro Espada, Jr., President and CEO of Soundview Health Network, and his sidekick, former Senator Hiram Monserrate, joined with 30 Republican senators to take control of the 62-member body. Monserrate redefected to the Democrats a week later, but Espada hung on for a full month, returning only when promised the Majority Leadership that he desired. One year after his successful insurrection, Senator Espada said today that he might not vote for another extender because he wanted the budget agreed to this week. The governor's cuts to the State's health budget also have an adverse effect on the Senator's business, Soundview. If Espada does not provide the 32nd Democratic vote, the state will again be on the brink of a shutdown.
Espada's co-conspirator, Monserrate, gained for his return to the fold the chair of the Committee on Consumer Affairs, to which his colleagues had been reluctant to elect him while he was awaiting trial for slashing his girlfriend. He was subsequently convicted of a lesser charge, expelled from the Senate, and defeated 3-1 for re-election to his old seat. Espada is currently the target of a lawsuit by the State Attorney General and the subject of a Federal investigation, but so far neither proceeding has resulted in a judgment.
The Senate in 2010 is close to anarchy. Since the 30 Republicans will support nothing, even if they had previously promised to, all 32 Democratic votes are needed to pass anything. For example, the Gender Expression Non-Discrimination Act (GENDA), which died in the Judiciary Committee. Every Democrat supported it except Senator Rev. Ruben Diaz, Sr., father of the Bronx Borough President, Ruben Diaz, Jr. No Republican supported it, even though two were said to have previously indicated that they would. Rev. Diaz is acting out of his religious convictions; he has always opposed legislation to help gays. Several of the Republicans are acting out of their political convictions, that it is better to show that the Democrats are unable to run the Senate than it is to help bisexual and transgender(ed?) New Yorkers.
It is difficult to determine from the course of events over the past two years whether the Democrats or Republicans are more qualified to lead the State Senate. Since we do not endorse or recommend candidates for public choices, we would not normally make choices between individuals or parties. This year we feel understanding for our readers who will have to make those choices on Primary Day, September 14 in New York State, and Election Day, seven weeks later on November 2. We hope that candidates for state office, incumbents and challengers alike, commit to a program of legislative reform, transparency, strong ethics codes and honest redistricting by an impartial commission. The next weeks will give us an idea of how many will promise to support specific legislation in this area.
Candidate Andrew Cuomo has asked all Democratic candidates to subscribe to this program. We would ask Republican and other party candidates for public office in New York State to make similar commitments. We do not view reform as a partisan issue. Our observation is that partisanship is often an impediment to reform because it requires legislators to be subservient to party leaders, rather than rely on their independent judgment on the issues. Party leaders make decisions on what they believe is best for their party rather than for the State of New York or the general public.
Friday, May 14, 2010
The Sons Also Set
Voters Shun Incumbents,
Two Sons Are Defeated.
Budget Is 44 Days Late
By Henry J. Stern
May 14, 2010
Widespread public dissatisfaction with government has recently been reflected with the defeat of two long-term legislators, the retirement of a score of members of Congress, and unexpectedly narrow margins for some incumbents over underfunded and relatively unknown challengers. This appears to be a national trend.
Senator Robert F. Bennett of Utah had held his seat for three terms since he was first elected in 1992. His father, Wallace F.Bennett, had been a senator from Utah for four terms (1951-75) and a leader in the Mormon Church. Robert was defeated at a Republican state convention May 8, and under state law, cannot compete in the Utah primary. Two new candidates, Mike Lee and Tim Bridgewater, each received nearly 40 per cent of the delegates' votes and will face off on June 22 for the Republican nomination. Utah last elected a Democrat to the Senate 40 years ago; it is a very red state. Bennett came in third despite a nominating speech by former Massachusetts Governor Mitt Romney, the best known Mormon in American politics and an anticipated contender for the Republican presidential nomination in 2012.
Congressman Alan Mollohan of West Virginia, who lost in a Democratic primary on May 11, had served for 14 consecutive terms (28 years). He was first elected in 1982 on the retirement of his father. Like Bennett, Mollohan was a second generation legislator. His father, Robert, also served 14 terms, from 1953 to 1983, missing only one term due to the Eisenhower landslide over Stevenson in 1956. The Mollohans represented the northern part of the state, the cities of Wheeling and Morgantown and the rust belt, for a total of 56 years. Alan Mollohan is the 24th richest Congressman, reporting assets of between $7.1 to $29.3 million. In recent years, he has been involved in controversies over earmarks for groups he organized, his own financial disclosure and other ethical issues.
In 2009, Citizens for Responsibility and Ethics in Washington named him as "one of the fifteen most corrupt members of Congress, claiming that he had steered hundreds of millions of dollars to family, friends, former employees, and corporation in exchange for contributions to his campaign and political action committees.”"
Among the Senators who are retiring are Evan Bayh of Indiana, Chris Dodd of Connecticut and Byron Dorgan of Indiana. Dodd received a mortgage from Countrywide Savings and Loan on very favorable terms. He was one of the Friends of Angelo, a reference to Angelo R. Mozilo, CEO of Countrywide, who sold his enterprise up the creek to the Bank of America in 2008 for $4 billion in stock.
Bayh and Dorgan were well regarded senators, particularly Bayh, who was touted as a potential candidate for the Democratic nomination for president in 2016, or possibly in 2012 if President Obama does badly enough. His father, Birch Evan Bayh, Jr., (sic) was a Senator from Indiana for three terms (1963 to 1981). Birch Bayh competed in the presidential primaries in 1976, coming in third in Iowa and third in New Hampshire before withdrawing. That was the year Jimmy Carter was nominated and elected.
Some New York State legislators are also departing voluntarily. They include Assemblywoman Ann Margaret Carrozza (who represents a Queens County district but has a house in Great Neck in Nassau) Michael Benjamin of the Bronx, Joan Christiensen of Syracuse, and Susan John of Rochester. Senator Dale Volker of Buffalo (and former chairman of the Finance Committee), and Senator Thomas Morahan of Rockland County are retiring as well.
Morahan is the state senator whose election Speaker Sheldon Silver was so eager to prevent in 1999 that he pressured the Assembly into repealing the commuter tax, under which people who worked in New York City but lived elsewhere were taxed 45/100 of one per cent of their income to help compensate the city for the services they received (e.g. police and fire) while they were here. That tax had been very helpful in balancing the city's budget. Silver's decision was gleefully agreed to by the Republicans, led by Governor Pataki and Senate leader Joseph Bruno. The enormous error in judgment by the obedient Assembly Democrats has already cost the City of New York about four billion dollars, and the cumulative deficiency rises each year.
The departures from the state legislator do not, however, affect the major players, and if there are to be any changes in the upper ranks at the Capitol, they will have to be the result of citizen action. Although there is enormous public dissatisfaction with the legislature, the route to changing its members is complex and arduous. Nor is there any assurance that new members, once elected, will not crawl into bed with the power structure. That has happened before; sometimes it takes years, other times the transformation takes place within weeks as rookies conclude that the best course for them is to "work from within" to change the system.
Although the Assembly is heavily Democratic, there is considerable doubt as to who will control the New York Senate next year. The Republicans, now down by 32-30, must win two more seats to over-ride Lieutenant Governor Ravitch's tie-breaking vote and win control of what used to be described as the upper chamber. But if Democrats keep defecting to the Republicans to gain larger lulus and higher offices, as Pedro Espada and Hiram Monserrate did in 2009, no one-vote majority is safe. Such a slim majority also requires strict party discipline: a unanimous vote by the majority members is required to pass any legislation, since 32 votes are needed and the minority has generally been unified in its opposition.
The New York State budget is now 44 days late, and the squabbling houses and governor do not appear to be close to agreement as of Friday afternoon. We wrote when the budget was 40 days late, and asked readers to contribute other uses of the number 40.
MORE ON FORTY
In response to our last article (40 - XL - Forty - Two Score) several readers responded to our invitation and suggested other famous forties:
Eric (Tillicum) Alexson of Santa Barbara, CA, a park official, reminds us that there are 40 days between Easter Sunday and Ascension Thursday. According to the Gospel authors Matthew, Mark, and Luke, Jesus also spent 40 days in the wilderness, where He was tempted by the devil. The jazz pianist Dave Brubeck titled one of his compositions "40 Days."
Joseph (Sauce) Appelbaum, a horse trader, wrote to say that the "40/40 club" is both a rare statistical achievement in baseball (forty home runs, forty stolen bases) and a club owned by the Brooklyn rapper Jay-Z.
Robert S. Cook, Jr., an attorney, tells us that the phrase "40 & 8" refers to the number of soldiers or horses that could fit inside a World War I French boxcar. The cars had "40/8" stenciled on their sides. In French the phrase would be "Quarante homes et huit cheveux."
Sheldon Glashow, Ph.D., informs us that "forty forties", or "sorok sorokov" is an old nickname for Moscow. It refers to a time, prior to the 1917 revolution, when the city boasted 1,600 churches, primarily Russian Orthodox. BTW, Dr. Glashow is a Nobel laureate in physics. He discovered the quark.
Kenan Stern, M.D., noted that Lent, the season of penitence that begins on Ash Wednesday and ends on Easter holiday, is 40 days long.
We add that 40 is a unit of old English linear measure. There are 40 rods (each is 5 l/2 yards) to one furlong (220 yards, or one-eighth of a mile). Horse races are sometimes measured in furlongs.
The identifying material about our correspondents was prepared by New York Civic alone. They are modest, but we are proud that they are among our readers.
NOTE: If you would like to read True News, an illustrated broadsheet written by Gary Tilzer, a Brooklyn muckraker, you can link to it here.
Enjoy the weekend.
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