Big Apple Turnover

Turner Tops Weprin

Koch's Intervention,

Distaste for Obama

Reflected in Vote.

The election yesterday of Republican Robert Turner to Congress is significant for several reasons.

One is that the result will be widely perceived as a rebuke to President Obama and the Democratic Party, which it is. For some, the issue was jobs and the economy. For others, the administration's hostility to Israel is an important issue, which affected Catholic voters as well as Jews. The hostility of Muslim extremists extends to all other religions, and the Catholics were the original crusaders in the Middle Ages.

The Democrat, David Weprin, was clearly the machine candidate, chosen in part because he could be counted on not to squawk too loudly when his district was eliminated. Mr. Weprin, a retiring person and a hard worker, would not be in politics except that his father, the distinguished Saul Weprin, rose to be Speaker of the Assembly before he passed away in 1994, to be succeeded by Sheldon Silver. David's younger brother, Mark Weprin, was also a member of the Assembly before he was elected to the City Council in 2009. The Weprins are the last remaining political dynasty in the Queens delegation to Albany, the Hevesi clan having been reduced to son Andrew, an assemblyman since 2005.

There was no Democratic or Republican primary to select the candidate to fill the seat vacated by Anthony Weiner, whose troubles have been recounted at length and need no further exposition here. Normally party nominations are the result of primary elections, but in all five elections held yesterday, the departing officials left at a point on the calendar when a primary was not required, and the nominee could be selected by the county leader. Observers believe that Melinda Katz, the former Councilmember and Asssemblywoman, would have been a stronger candidate. She came in third while Weprin ran fourth in the 2009 contest for City Comptroller. But she would have been less likely to take a dive to suit the county leader.

In Queens, that is Congressman Joseph Crowley, in Kings it is Assemblyman Vito Lopez. For the Brooklyn-Queens congressional district, both leaders concurred in the choice of David Weprin; he would have been the only person in recent memory to have been a member of the City Council, the state legislature, and the U.S. Congress. That, however was not to be, although he could be consoled by the words of Meat Loaf, "Two out of three ain't bad" (Rule 20-T).

Many voters had negative views on the economy and the Obama administration, which were reflected in the vote. When seen together, Turner, at 70, was physically more imposing than Weprin, who is 55. Turner was a more folksy and less political figure, running at a time when politicians are not held in high regard for good and sufficient reasons.

The solidarity of Democrats, practically all the legislators lining up like sparrows on a wire to support colleague Weprin, left the field open for independent Mayor Koch and Assemblyman Dov Hikind, both of whom occasionally support Republicans. Both Liberal Party members and Conservative leader Michael Long supported Turner. The Liberals want Obama to win in 2012, and urgently wish him to change course before it is too late. The Conservatives simply oppose Obama, and are promoting the Turner victory as a national uprising.

Basically, this was an election between boss-picked candidates to fill a vacancy created when party leaders decided that a wayward Congressman guilty of infantile behavior was dispensable. The problem they must face is that the cure for Weiner's bizarre misconduct may be worse for the Democrats than the disease.

The wild card in the primary turned out to be Mayor Koch, a popular and credible octogenerian leader who seeks no public office, and is therefore more susceptible to the dictates of conscience. He has never been shy about expressing his opinions, and the fate of the Jewish people is an issue of great importance to him, although he is a secular Jew. His early intervention made the sleepy race competitive. The vigorous Turner campaign attracted both Russians and Orthodox Jews, neither of whom has particularly high regard for the other. Politically, the Russians are mostly conservative, having lived under an all-powerful state.

The Orthodox were upset that Weprin favored gay marriage, and said that his position was consistent with his Orthodoxy. His co-religionists disputed his claim. I support gay marriage, although I was late to the cause. Turner promised Koch not to exploit the issue, and he kept his word. The Orthodox, however, consider this an important matter, even though the State legislature had approved it and will not change its position, in part because of demographics and in part because of increasing public acceptance of same-sex marriage.

So it is that Mr. Turner will go to Washington, and the Ninth District, in its present gerrymandered dumb-bell configuration, with a narrow link between Brooklyn and Queens, will retire to well-deserved oblivion, having enjoying its moment in the spotlight. Unless there is another major hurricane or other disaster, the television towers will not return to Broad Channel and Howard Beach.

Let us hope that the President gains insight from the events in New York-9, as they call it, and returns to the foreign policy of American presidents starting with Harry Truman in 1948, with the exception of Jimmy Carter, who has established a Center in Georgia that requires continuous infusions of funds, provided by friends in the Middle East.

More will be written about New York-9. It may be remembered like one of those towns whose high point was a battle in the Civil War, and after which has slept quietly for a century. But, on September 13, 2011, ten years and two days after the fateful 9/11, the people of the district spoke. I believe they were influenced to some extent by the national tragedy whose anniversary they had so recently observed. In any event, an election is a great public event and an expression of the views of the community which people who believe in democracy are bound to respect.

Judgment Day

Legislature Brooded All Week,

But Has Yet to Lay Any Eggs;

Friday Eve, Low Expectations

We have been waiting all week for the Legislature to act on the major matters before it, which are supposed to be concluded by the end of this session.

It is late Friday afternoon and we believe that our writing week and your working week are likely to close before the unresolved, or secretly resolved but unpublished, issues are brought to a vote in Albany.

The New York State Legislature is not, however, the only deliberative body unable to reach prompt agreement on matters that await its consideration. For example, the United States Congress and the Obama administration are nowhere close to a method of dealing with the crisis when the national debt runs up against its statutory limit, now about 14 Trillion 294 Billion dollars. This is expected to occur on Tuesday, August 2.

Fortunately, the date can be manipulated slightly more than the date the next asteroid will strike Earth, with cataclysmic consequences. (BTW, and to his credit, it was former Congressman Anthony Weiner who did his best some years ago to get funds for asteroid research in the Federal budget, for which he was ridiculed at the time. Wait until the Last Days, when Congress will wish they had listened.)

At any rate, the date of the collision with the debt limit is now 39 days away, and the news stories are about people pulling out of negotiations, rather than joining in to solve the problem. One reason for this is that you get just as big a story by saying 'No' as saying 'Yes' to anything, and you're not responsible for a tax that doesn't happen. Another reason is that it is considered too early to appear weak - the rule of the playground.

Inability to agree does not stop at our nation's borders. The Iraqi democracy that we installed at great cost (Trillions of dollars and Thousands of American lives) has been paralyzed by internal rivalries, some over twelve hundred years old. The European Union is plagued by the inability or unwillingness of Greece and other countries to balance their budgets and reduce entitlements. The forces that drive people and nations apart are often based on greed or self-protection, which are two sides of the same coin. What is self-protection if I do it is greed if you do it.

The paralysis caused by inability to reach agreement is a world-wide problem. Democracy is not a cultural tradition in most of the planet we inhabit. We didn't have it ourselves before two centuries ago, and even then it was limited to white male property owners. Our sincere efforts to encourage and propagate democracy remind one to some extent of the labors of Christian missionaries who went to darkest Africa in the Nineteenth Century to spread the Word of the Lord by converting the natives to European religions. Those preachers of the Gospel had considerable influence in some countries, and probably did more good than harm, however they have endured in modern popular culture only in images of their being boiled in large pots before being devoured by the natives, and in the phrase 'the missionary position', now part of our language.

The more one leaves the prism of New York City and State and looks at the outside world, the easier it is to conclude that human behavior is to a greater extent based on primal instinct rather than European Enlightenment, a period which was unfortunately interrupted by World Wars I and II, where modern technology was put to use to kill people on a wider scale and more efficiently than in previous or future conflicts, say Rwanda, where people of the minority tribe (the Tutsis) had to be trapped in their huts which were set afire, or hacked to death one by one with machetes.

The conclusion one is tempted to reach after this extremely brief survey of human conflict in recent years, is that perhaps the Albany circus is not quite as bad as we think, compared with other methods of dispute resolution. Even though most of the players are narcissists and some are also thieves, the damage they can do to any of us common folk is limited by the state Constitution, as interpreted by the Court of Appeals.

There will always be squabbles over the allocation of government resources, and the role of the state in taking from one group (homeowners and other taxpayers, large and small) for the benefit of other specific groups (state employees, Medicaid recipients, prisoners and their guards). The political parties represent somewhat different slices of the economic spectrum, so some disagreement is inevitable and predictable. That's why we have elections.

Without giving any of these characters a pass on anything, and with some amazement that the human rights issue of gay marriage (whether one likes it or not), became a tail to economic disputes primarily involving state employees, we reserve judgment until the elected officials finish their deliberations. There will be plenty to write about then.

Philosophical Addendum

Since the preference of the Almighty has been raised so frequently in the gay marriage dispute, we venture to offer two thoughts on the subject by someone who has no unique knowledge of the issue.

If the Lord had meant for two people of the same gender to reproduce, s/he would have made that physically possible.

If the Lord had meant for two people of the same gender never to mate, s/he would have made that act physically impossible or at best extremely unpleasant for both partners.

These questions have been decided by Nature, and whether or not same-sex couples are allowed to marry will not affect Nature's Laws, which are frequently attributed to God since they were surely not made up by humans.

Calendar Issues

Weekend consideration of legislation may be affected by the fact that Speaker Sheldon Silver is a Sabbath observer, while sundry other legislators consider Sunday to be the Lord's Day, which may or may not be an appropriate time to make laws. Since the longest day of the year (the summer solstice) came just two days ago, the sun will set later this Friday than on any other Sabbath. The internet (timeanddate.com, successors to the almanacs) tells us that the sun will set this evening at 8:31 p.m. We do not know at this time what effect that fact will have on deliberations.

In negotiations where agreement is close but has not yet been reached, it has become customary to stop the clock, so as to postpone strike deadlines until remaining problems are resolved. But those are earthly clocks, and we do not know whether the Heavenly clock may be held in abeyance, even by the Most Dysfunctional Legislature in the United States.

However, the Sabbath rules have exemptions for works of necessity, or the saving of a life, so it is possible that the authorities would countenance the legislative session stretching into the prescribed Day of Rest. Although Speaker Silver deserves credit for helping Jonathan Lippman to become Chief Judge of the State of New York, and a wise judge he is turning out to be, we cannot reckon the Speaker's influence with the Heavenly Court which presumably decides matters of this magnitude.

Enjoy the weekend.





StarQuest #764 6.24.2011 1204 words

Greed Rules

Legislature Stalls on Ethics Reform

Despite Cuomo's Emphasis on Issue.

The Reason for Delay is Self-Evident:

Rules Would Impact Their Incomes.

We turn today to one of New York State's oldest oxymorons: Albany ethics. The legislature, having exhausted itself by adopting a budget on time, appears to be coasting toward a proposed June 20 adjournment. That would leave about three weeks for actions of substance. In the hopper are bills to limit increases in the property tax, to legalize gay marriage, to redraw the boundaries of Congressional and legislative lines districts, and to require the disclosure of legislators' clients and earnings in addition to their state salaries. Several hundred matters of local importance also await action by the two houses.

One important proposal is in limbo. Governor Cuomo has sent an ethics package to the Senate and the Assembly, and is speaking up for it on a statewide tour. We quote from his statement:

"New York State government used to be a symbol of integrity and performance, but we have lost that standard. To clean up the government and restore trust with New Yorkers, we need to pass a new ethics law that mandates transparency and full disclosure as well as a law that calls for a real independent monitor.

"Among many reforms, the Governor's ethics reform agenda would:

* Require disclosure of clients doing business with the state that are represented by legislators before the state and disclosure of how much they get paid.

* Require the creation of an independent body to provide oversight and enforcement of ethics rules because, as we have seen in the past, self-policing does not work.

* Require lobbyists to disclose any business relationship with legislators in excess of $1,000.

* Strip pensions from those public officials convicted of a felony related to the abuse of their official duties."

The legislators have reacted to these proposals as an intrusion of roaches would to a can of Raid, or, if you prefer to avoid product placement, as Dracula would to a crucifix.

The current pretext for Speaker Silver's opposition to ethics reform is that creating an independent body to enforce ethics rules would interfere with the Assembly's exclusive authority to discipline its members, and therefore violate the principle of separation of powers between the executive, legislative and judicial branches of government. This excuse is comparable to the Senate's belated discovery, after all the Republicans signed pledges to support an independent redistricting commission, that such a panel could only be created by an amendment to the State Constitution which takes two years to adopt, and therefore could not take effect until after the 2020 census.

These "reasons" are so spurious as to be amusing, were it not for the fact that those who offer them dominate their legislative bodies, and, in any event, are acting in the interest of their members who also desire to avoid detection of and prosecution for conflicts of interest that may be engendered by their extra-curricular activities. They do not want to go without the undisclosed loose change that they may pick up either for their acts or their failure to act, depending on the needs of the client. Some of our solons are versatile; one could even say subtle. Many of them are hungry.

There are also principled and honest elected officials in the Legislature, most of whom have little or no power. If they speak too loudly, they risk decapitation by their masters. But to be fair, it is only when a politician attains authority on his own that his ethical standards may truly be tested. Most never reach that stage, and their principal vice turns out to be remaining silent in the face of outrage. They feel that, by keeping quiet, they will advance to positions where they will be able to use their influence in the public interest. "As luck would have it" (Rule 17-A), the few salmon who swim that far upstream forget the high principles they espoused as alevin, fry, parr and smolts.

Around the state, the media are getting sick and tired of the legislature's evasion, procrastination and rationalization.


Today, Bill Hammond of the Daily News expresses his disgust at the situation in a column on p27 entitled "YOUR OUTCRIES, THEIR DEAF EARS: The Public's Priorities Couldn't Be Clearer; Albany's Arrogance Couldn't Be More Profound." Hammond asks, rhetorically: "How much louder do the people of New York have to scream before the Legislature starts listening?


"The people overwhelmingly elected Gov. Cuomo with a mandate to fundamentally change how their infamously dysfunctional state government does business.


"The people overwhelmingly back Cuomo's top two priorities - cleaning up Albany sleaze and stemming relentless property tax hikes - as repeatedly documented by opinion polls.


"Yet the elected officials who supposedly represent those people stymie and stall, balk and bluster - and accomplish nothing. They're hunkered down in the Capitol bubble, deaf to their constituents' unmistakable outcry for reform." You can click here for the rest of Hammond's powerful column, which makes enormous sense to us.


This month, The Utica Observer-Dispatch editorial page articulated similar frustrations, as did The Albany Times Union.

A 2011 report, written for the Brennan Center for Justice by Lawrence Norden, Kelly Williams and John Travis and entitled MEANINGFUL ETHICS REFORM FOR THE 'NEW' ALBANY, encapsulates the long-ignored complaints of New York State's good government groups. It includes a list of the 14 members of the Legislature who have been indicted, convicted or pleaded guilty to crimes in the last decade.

Those of you looking for fresh scandal may be disappointed by this article. The leaders of the Senate and Assembly, reflecting the fears and feelings of many of the members, support unlimited outside income for themselves, even though the handsome but undisclosed legal fees they demand and receive for their representation of clients doing business with the state are in fact often rewards for their political influence and access.

Those who represent plaintiffs are particularly shameless in shaping legislation for their personal benefit and fighting any proposal which could have a negative effect on their incomes. In matters of the purse, they fight with the tenacity of the National Rifle Association, keeping their cold, dead hands on their moneybelts.

Mayor Koch has attempted to breach this old boys' network with New York Uprising. Other groups have fought for reform for generations. Saints Matthew and Mark remind us that the poor will always be with us. The same applies to the predators, people who use public office for personal enrichment, while possessing the political power to make certain that the tainted transactions by which they do this are totally legal, under the laws they adopt.

We believe that, eventually, justice will prevail, and elected officials will no longer be able to receive secret income, particularly from those who have matters pending before the State of New York. The City Charter inhibits such transactions; the State Legislature should do no less.

In the interest of your health, however, we advise you not to stand on one leg until the legislators succumb to the pangs of conscience, if any. Your interest in these matters is idealistic and intellectual. Theirs is personal. You vote once or twice a year, depending on primaries. They vote hundreds of times on bills, and there is a reason for each vote they cast: it can be the merits of an issue, submission to a leader, ignorance, naivete or self-interest. Motives vary with each vote and each legislator. The aggregate is an unwholesome brew.

90 Days to First Base

A Turn for the Better

In State Government

For nine years, we have been writing about city and state government, from the point of view of someone who has been very fortunate to have enjoyed (more often than not) fifty-three eventful years in New York City public affairs, in the executive, legislative and judicial branches, as a civic group's watchdog and as a blogger.

The substance of the 748 articles, all of which are available on our blog, www.nycivic.org, tend to be related to fiscal responsibility, public and private corruption, and the performance of elected officials. There is widespread discontent with the state legislature and the performance of its swollen and self-serving solons. We have also seen arrests and indictments of city and state officials for dishonesty (with an occasional rap for assaulting a girlfriend, a newspaper photographer, a staff member or a police officer).

Public attention focuses on notorious cases, based on the importance of the accused and the dimension of the misconduct. The case of former Governor Eliot Spitzer is a textbook example. The governor is the most important public official in the state, although the United States Senators may have more national influence. The governor's behavior was not that grievous a criminal offense because it was sex between adults who were more than consenting.

The Mann Act is a prosecutorial weapon to obtain guilty pleas from people who do not want to go to trial on a charge punishable by a longer sentence. The law was originally The White Slave Traffic Act of 1910. It prohibits the interstate transportation of females for 'immoral purposes'. The first person prosecuted under the act was the first African-American heavyweight boxing champion of the world, Jack Johnson, who had an affair with a white prostitute, whom he later married. Johnson was later rearrested for an earlier crossing of a state line with another woman, who testified against him. He was found guilty and sentenced to a year and a day in prison, the maximum under the law.

What was really shocking in the Spitzer case was the absurdity of it all. Why should a governor with an attractive, intelligent and devoted wife jeopardize his reputation, his family's good name and his successful career for momentary carnal gratification? And why pay thousands of dollars for a service available at far lower cost? What this shows is a person so possessed and self-deluded that he really was not fit to be governor. One could not rely on his judgment on important issues because of the enormous lack of self-control he repeatedly demonstrated.

Even so, the legislature would not have impeached him for his dalliances if they didn't hate him already, for his bullying and threats, and the general contempt he showed for all of them. The contrast with Andrew Cuomo is striking. He may or may not have any higher opinion of his colleagues in government than Spitzer had, but he knows what to say and what not to say to keep people happy and to get them to do what he wants them to do.

When the accused governor asked Speaker Sheldon Silver about his prospects if the Assembly were to consider his impeachment, he was told that he would receive no more than a handful of votes against impeachment. (I wasn't there at the conversation, of course, but it has been widely reported and not contradicted. The statement has the ring of truth.) The sexual indulgence simply provided an excuse for the dysfunctional legislature to rid itself of a pesky governor, who would put the rest of them in jail if he could.

Unfortunately, the forced resignation took state government out of the frying pan into the fire. It would be too painful to recount the errors, misjudgments, false and misleading statements, intrusions into criminal cases, appointments and dismissals of personnel, not to mention other embarrassments that marred Governor Spitzer's successor's term.

The strong start by Governor Cuomo has raised some hopes that the state may, after all, be governable. The sight of Republican leader Skelos and Speaker Silver, along with their minority counterparts in each house, shows that it is possible for people to work together, in their own interest of course, regardless of party.

One must not forget, however, that the state's basic problems remain unsolved despite the remarkable agreement by its leaders. The financial problem looms every year, and pension and interest costs may continue their upward spiral. The cuts in education and social services will have some cost, but failure to stem the constant increases in these big-budget items would be inexcusable.

Looking back to 1995, Governor Pataki's first year, he too reduced the budget. Then the state reverted to its constant upward climb in expenditures. We hope that the new Governor Cuomo will not be a one-year wonder, but will continue to exhibit fiscal responsibility despite the demands of state employees. What is not said is that there are other ways to cut the budget, locating and excising unnecessary or excessive expenditures, without closing down programs which are essential to physical or mental health and competently administered. It takes more work to cut with a scalpel than with a meat-axe, but if the result is superior service at lower cost, the effort will be worthwhile.

Day 90 - Some things have changed.

Herding Cats

Glory Be. Big Three Agree.

Foresee Albany Tranquility

The Post's front-page headline this morning, PIGS FLY, reflected the skepticism and cynicism that some New Yorkers feel at the report that the governor and legislative leaders had agreed on a state budget five days in advance of the April 1 deadline. The Times' headline was predictably more sedate: ALBANY STRIKES BUDGET ACCORD TO CUT SPENDING. The News' block head was HAMMER TIME, a catch phrase used by '80s rapper M.C. Hammer.

There was some wonderment at the timely bipartisan agreement, considering that the Senate is Republican and the Assembly Democratic. In fact, however, it would have been more difficult to reach agreement if both houses of the legislature had been controlled by the Democrats. In that eventuality, the party leaders would have no one to blame but themselves for their failure to submit entirely to the demands of the interest groups who contribute so handsomely to their campaigns. This way, they can blame the opposition party. Rule 18-X-6 applies here: "The Devil made me do it."

The state budget proceedings are generally fraught with misrepresentation by the participants. How can a ten billion dollar projected deficit disappear overnight without new taxes or new borrowing? The mayor and the governor are in direct conflict, as their predecessors have been for over fifty years or more. The worst battles were between two Republicans, Nelson Rockefeller and John Lindsay.

When one consults experts as to who is telling the truth with regard to financial claims, one is told that the two sets of numbers are both accurate, but are derived from different baselines, and therefore impossible to compare.

The possibility remains that the deal will fall apart over the next few days, as each party tries to derive maximum advantage under the frame of reference agreed upon. In that event, the high popularity of the governor in the polls, combined with the low regard shown for the legislature, should give Andrew Cuomo the upper hand over the refractory solons, a number of whom are ethically challenged.

Conventional wisdom has it that the outcome is ordained by the fact that the State Constitution gives the governor great power over the budget. Speaker Sheldon Silver and former Senate President Joseph Bruno tried to amend the State Constsitution in 2007 to give the legislature power over the governor on the state budget, but their plan was defeated at the polls.

Former Governor Paterson had the same authority that Governor Cuomo has now, but did not make the fullest use of it. There are critical theories as to why this was the case:

l. He was unaware that he had power over the budget.


2. He knew he had the power, but was indifferent to making the effort to use it.


3. He knew he had the power, and he wanted to use it, but did not know just how to do so.

4. He didn't want to upset any of the special interests in the Democratic Party, or be responsible for any budget reductions that would impact negatively any of his perceived communities and supporters.


5. He wanted to use it, but was so grateful to the legislature for not seeking to pursue him for various ethical misjudgments that he did not want to ruffle their feathers by a major disagreement over his authority.


6. Not being a friend and mentor of the Chief Judge, he feared the outcome of litigation over the issue.


7. No longer having available the services of Fr. Charles J. O'Byrne, his competent and trusted confidant, he feared that his case would not be adequately or professionally pursued.


8. He thought it might injure the Democratic Party to have a public quarrel of this nature with the Speaker.


9. Any combination of the first eight reasons.

In fact, Governor Paterson did affirmatively make use of his Constitutional authority in 2010. He acted after the April 1 budget deadline expired, by sending continuing resolutions to the legislature which included various budget reductions, some of which affected issues of public policy.

If the legislature failed to approve his resolutions, the government would have to shut down for lack of funds, causing some disruption to the public and in effect locking out state employees. Governor Paterson had success with this tactic, which Governor Cuomo is widely believed to be ready to use again to achieve the reductions and policy changes which he, and a majority of the public, generally believe to be desirable.

At this point, the close of his third month in office, Cuomo is off to a healthy start. "Day One: Everything Changes", the slogan of the Spitzer administration, is in the dustbin of history. By his third month, Spitzer was at war with the Senate and the Assembly. It was a war he was not destined to win.

With regard to Cuomo, so far the public likes what they have seen of him. He has handled himself well, speaking with both force and restraint. He was particularly good with regard to the strange intrusion by the Roman factotem into his private life, a 21st century reprise of a 16th century dispute between a pope and a king.

We don't have enormous confidence in the budget data that any politician offers, although by the laws of probability, some set of figures must be more accurate than others. It is said that the only true news in some papers is the obituaries, and the only true budget reductions come when people are separated from the payroll, or when prisons actually physically close. That has not yet come to pass, and we do not wish unemployment on anyone, especially in these difficult times. It is difficult, however, for ordinary people to figure out how it is that multi-billion dollar budget goals are proclaimed to have been achieved while personnel costs remain largely untouched and pension costs continue to rise.

Meanwhile, it is better to see both parties on good behavior than to watch them snipe. Governor Cuomo deserves credit for, at least temporarily, restoring good manners to the Capitol. We hope he stays calm. Remember, the governor proposes, the legislature appropriates, but the governor has the last crack at what the agencies spend. He cannot add to appropriations, but he can subtract, particularly in the event of financial emergency, which we have been told is the present exigency.

FYI, the California state budget deficit this year is estimated at $25.4 billion. We are not alone.

BTW: Former City and State Comptroller Alan Hevesi's sentencing on a felony conviction was postponed today after Judge Lewis Bart Stone sent the case back for assignment to another judge because of a potential conflict of interest between the judge and Hevesi's lawyer. Hevesi pleaded guilty on October 7, 2010. He had resigned as State Comptroller on December 22, 2006, after a prior conviction for an unrelated felony.

Lastly, for information about herding cats, click here.

Will Steiner Waver?

Unweighted by Experience,

Cathie Black Seeks Waiver.

Will Mayor's Wish Prevail?

The prospect for the granting of a waiver to Cathie Black so she can serve as New York City's school chancellor may have dimmed a bit in the last two days.

For one thing, the New York Times reported today, in an article by Winnie Hu, that the man who will decide whether to grant the waiver, State Education Commissioner David M. Steiner, "will convene a screening panel consisting of representatives of the State Education Department and educational organizations to make a recommendation to Dr. Steiner." The commissioner's spokesman "would not speculate on how long that would take."

For another, two of Chancellor Joel Klein's deputies have announced their resignations, and others are expected to leave as well. One reason cited in favor of Ms. Black was that the Klein management team would be available to assist her as she familiarized herself with the educational universe.

No truly independent screening panel of educators is likely to conclude that no experience whatsoever in their professional field is adequate preparation for the most difficult and complex job in local public education. If they felt that way, they would be expressing the view that their own professional qualifications had little value, and that any corporate executive could fill the positions they now hold.

This does not mean that Ms. Black will not receive the necessary waiver. The Commissioner and his screening panel may be responsive to the wishes of a higher authority. Mayor Bloomberg wants the waiver, and carloads of movers and shakers will be influenced by his wishes. There is a strong argument that, since the law provides for mayoral control, and the first element of control is selecting the head of the enterprise, this appointment is his call, regardless of whom he may choose, assuming that the nominee is literate and not a felon.

There are also many people who believe that some schools are ungovernable, and some children uneducable, and that giving the mayor a free ride on the chancellorship would make it easier to fix the blame on him if a less than satisfactory outcome results.

Mayor Bloomberg has previously shown his distaste for technical, legal standards. When Patricia Lancaster resigned as Commissioner of Buildings in 2008, the law required that the Commissioner of the department be an architect or engineer. The mayor's choice, Deputy Commissioner Robert LiMandri, was neither. He solved that problem by having the City Council pass a local law repealing the requirement. Mr. LiMandri is now the Commissioner and he is well regarded.

Since the news from the Buildings Department is usually limited to collapsing cranes or bribe-taking employees, it is certainly arguable that his real estate background is as valuable as one in architecture would be. One may still wonder: is there not one architect or engineer in the City of New York who would also do a first-rate job of overseeing the Department of Buildings? The answer to that question depends on how wide one casts the net.

The Schools Chancellor's position is one that is a target for year-round assault by various groups. The politically correct term for them is "stakeholders"; the pejorative description, "special interests". Public officials begin with a modest reserve of good will, which is depleted over time as group after group is dissatisfied because their particular demands are not being met.

Ambitious politicians boast about their concern for education; photographs of children decorate their mailers. Some of these friends of education, however, do not go so far as actually voting for additional funds, or giving the Chancellor the power to manage the system.

In view of these hazards and obstacles, it could be said that the Chancellor, an official whose importance is comparable to that of the police commissioner, should be a person of impeccable and undisputed credentials, a Horace Mann of the 21st century, if such a person could be found and persuaded to take the job. To select a chancellor with no background whatsoever in education is certainly a daring leap of faith.

It is true that Mayor Bloomberg himself, a successful business executive, had no experience in government before he was first elected mayor in 2001. Since he has basically been a good mayor (he was re-elected twice, has generally appointed and removed commissioners on the merits, has run a scandal-free administration, and innovated in public health and environmental issues), it is understandable for him to believe that others who have achieved great success in business can use their talents to succeed in the public sector.

A perennial problem in the field of education is credentialism. Schools for teachers award degrees routinely, and school boards may require those degrees as qualifications for being hired. It is too often the case that possession of a degree has little relationship to ability to teach in a classroom. But even those who reject credentialism may support minimal standards for people who hold important positions in educational administration. Credentials may not have intrinsic value, but they do provide a veneer of protection for the qualified and unqualified alike.

The Mayor weighed in on the controversy this afternoon, as Simon McCormack of The Huffington Post reports. The headline: BLOOMBERG DEFENDS AGAINST CATHIE BLACK CRITICISM, by Simon McCormack. In response to the critics of his choice, the Mayor said, "It just goes to show they have no understanding whatsoever of what the job is. This is a management job."

These troubling questions remain: How will the proposed chancellor, skilled as she may be, decide on priorities, programs, personnel and budget allocations without personal expertise and knowledge of the basic subject matter she will oversee? How many of the expert professional team said to have been assembled will stay? What will she do if the experts disagree? On what basis will she make critical choices?

Will the members of the screening committee exercise independent judgment? Will the Mayor's wishes be dispositive? Does Speaker Sheldon Silver, a friend and patron of Merryl Tisch, chancellor of the state Board of Regents, have a discreet opinion on the matter?

The elusive qualities of managerial judgment and the ability to lead and inspire may be present in Cathie Black. If she gets the waiver, she will have the opportunity to demonstrate them. But will her skills be sufficient to improve educational outcomes for over a million children?

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.

Paterson Channels Polonius

Albany Skirmish

Over Borrowing

Day 78 without a state budget.

78 is the speed of some old records, in rpm, the atomic number of platinum, and the number of chromosomes in a dog's DNA (39 pairs). We have 23 pairs.

We have not written since last week about the state budget and the contortions now under way as the legislature and governor try to reach agreement. It is not clear how hard they are trying, but we believe they are making a serious effort to come to terms. Governor Paterson's threat to shut down state government alarms incumbents who do not want to be blamed for any of their constituent-contributors not receiving their paychecks.

In the last months, the courts have shot down the governor's planned furloughs and layoffs as part of the judiciary's ever-expanding sense of its own responsibilities (see Citizens United v. Federal Election Commission). It was a Federal judge who ruled, in Donohue v. Paterson, that the governor could not impose a four-day work week, pursuant to the next to last prohibition of Article I, Section 10 of the Constitution. For those of you who may not recall the section, we reprint its relevant first paragraph:

"No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any title of Nobility."

In the past, Speaker Sheldon Silver has won many political battles by delaying a decision until the last minute, and then making a proposal which could not be refused. He is the most proficient politician in the Albany swamp, and his skills should not be underestimated. Some of his strength comes from the fact that he is responsive to his base (the Democratic Assembly caucus) and tries to protect his members, although a few of them are felons.

Silver is responsible for two major appointments made by the governor: Lieutenant Governor Richard Ravitch and Chief Judge Jonathan Lippman of the Court of Appeals. Both men are competent. Judge Lippman persuaded a bare majority of the Court of Appeals to sustain the appointment of LG Ravitch, a decision that may well have been in the public interest, although it would probably not have been the correct answer in a law school examination.

The decision certainly blindsided Attorney General Cuomo, who took the opposite position, but he has recovered nicely. He awaits the opportunity to choose Judges of the Court of Appeals himself, and will use his wits to avoid being boxed in by nominating committees which substantially limit his power of appointment by minimizing the number of papabili from whom he must choose.

The story today was that Governor Paterson said he would rule out borrowing, which is in direct contrast with the Ravitch plan, which calls for two years of borrowing, limited by the imposition of strict fiscal controls by a financial control board. If Paterson sticks to his guns, more layoffs will be required.

We expect some sort of flim-flammery to be proposed, which means borrowing billions from somewhere without calling it that. Raiding the pension funds is one possible scheme, vaguely justifiable because it is the swelling pension funds which got us into this trouble in the first place. Any more state borrowing, however, will further increase the interest on the public debt, which must be paid before one begins to provide for vital services like police, fire and education.

Paterson's problem is somewhat mitigated by the fact that President Obama, Governor Schwarzenegger and many other public officials have the same difficulties. The national debt today is about thirteen trillion dollars, or $13,000,000,000,000. We left off the number of cents so as not to appear to exaggerate the number of zeroes (12).

The problem at all levels of government, in many countries around the world, is that public expenditures exceed revenues. This can lead to devaluation of the currency, which makes debt less burdensome, and at the same time destroys people's savings. New currency was issued in the Democratic People's Republic of Korea (Pyongyang), and resulting public dissatisfaction led to the execution (by the regime) of two officials held responsible for the decision, and the demotion of others.

Living in a more gracious and gentle system, our economic blunderers go off to academia and think-tanks of like-minded souls. They are replaced by others whose views are just different enough to convey a sense of change. The first TARP program was enacted under President George W. Bush and Treasury Secretary Hank Paulson, former chairman of Goldman Sachs.

When Mr. Bush was asked why he had approved such a substantial bailout in view of his generally conservative economic views (but not practices, he was a mega-spender), he replied in effect that he did not want to go down in history as being President of the United States when the economy collapsed completely. The shade of Hoover was in his mind, and that was an image he urgently desired to avoid, and for the most part successfully did, although the subprime crisis and market collapse took place in 2008, and led to the defeat of the McCain-Pain ticket.

Every cloud has a silver lining.