The bipartisan rogues gallery of Albany

This is a recap of recent developments in New York's legislature.




The Democratic Assembly speaker has been indicted for a massive bribes and kickback scheme.




The Republican leader of the Senate is under investigation, also for his outside sources of income.



The Republican deputy leader of the Senate has been indicted for lying to the FBI.



Every living former Assembly speaker and Senate majority leader has been indicted, all for financial crimes.




So how has that "lesser of two evils" voting strategy working out?




"The definition of insanity is doing the same thing over and over and expecting different results." -Benjamin Franklin.




If you're tired of the insanity, check out the Green Party of New York. Or if you're so inclined, the Libertarian Party of New York. These are the only two organized alternatives in this state to the two corporate parties.

Who's not welcome in Emperor Andrew's New York

New Jersey Governor Chris Christie has been in hot water lately for his administration's apparent role in a bridge closure debacle and its alleged role in denying disaster aid to a mayor, both based on a political grudge.

  

New York's own Andrew Cuomo has the same arrogance problem as Christie. It makes you wonder when Cuomo’s Bridgegate will explode.

Just last Friday, Emperor Andrew told the public broadcasting show Capital Pressroom, speaking of conservative Republicans, “Who are they? Right to life, pro-assault weapons, anti-gay — if that’s who they are, they have no place in the state of New York because that’s not who New Yorkers are.” Not surprisingly, he quickly ran away from his reckless words.

Readers of this blog know that I am as harshly critical as anybody of right-wingers and their extreme positions. But to suggest they should be purged* from the state is pompous and despicable. Not quite as despicable as blaming autism and dementia on anti-bigotry efforts, but highly irresponsible for someone with presidential aspirations.

People have criticized me for describing him as Emperor Andrew. But until he realizes that his job is to represent all New Yorkers, including the ones he would rather discard, then the label will fit.

(*-I’m not suggesting Cuomo would actually engage in the sort of actual purge that Vladimir Putin is stirring up in Russia or Goodluck Jonathan in Nigeria. But when you say they have ‘no place in the state,’ it is leaves just enough rom for interpretation.)

The cost of a 'part-time' legislature

New York legislators have to be among the most well-paid 'part-time' workers in the world. 

(They insist they are 'part-time' as an excuse to avoid conflict-of-interest disclosure laws that might reveal their leve of corruption). 

Legislators receive a base salary of $79,500 for 62 scheduled work days in Albany, plus more if they chair committees or serve in leadership posts. 

Yes, I know they do some work in their districts but this base salary works out to nearly $1300 a day of the legislative session. Plus, they get a $165 per diem for every day of the legislative session they are in Albany (or, apparently, even if they’re not).

If the state is only run by three people -- the Assembly speaker, the Senate majority leader and governor -- as many rank-and-file legislators complain, then why do we need the other 210 legislators at $1465 a day per member?

But apparently $1465 a day isn't enough. These part-timers want a pay raise.

NYS budget observers 'heartened' by secrecy

There’s something appropriate about the fact that the New York state budget is due on April Fool’s Day.

Public radio journalist Karen DeWitt reported on the adoption of the budget. She noted that observers “were heartened by the process” immediately before commenting on the nature of “the secretive negotiations”...

The fact that this can be said without apparent irony speaks volumes about NYS government.

Non-ethics in NYS: more of the same

New York state’s new ethics panel has already destroyed its own credibility after a mere two meetings. I reported here about its first introductory meeting, held behind closed doors.

Earlier this week, it had its first working meeting. The Associated Press reported that members of the panel receive $300 for each day they attend meetings, members will be asked to sign non-disclosure' agreements barring public comment, and that its secretive practices will continue.

Then, the board went behind closed doors. The reason? None was given.

This is how ethics oversight works in New York... even under a 'reform' minded governor. Secret meetings with no public announcements. Going behind closed doors without even contriving an excuse. The fact that all this is legal, that this body charged with regulating ethics and transparency is exempt from the Open Meetings Law in the first place, is a damning indictment of what passes for ethics in state government.

Bob over at Planet Albany doesn't appear to be impressed. He quotes someone named David Grandeau: the state ethics body "doesn’t have to abide by Open Meetings Law. Nor does it have to abide by the Freedom of Information Laws... Those laws apply to every other government body, but not the state ethics panel... Tell me again why that is? Tell me how that inspires confidence in government? Tell me how it sets a standard for others to live up to? Tell me how it represents good government?"

The answer is simple. It doesn't.

Risking a fracking mess in southern NY

One of the important debates in the New York relates to hydrofracking (“fracking”), a natural gas extraction technique that’s incredibly destructive and threatening to the safe drinking water supply. Fracking companies are salivating over the possibility of operating in southern New York’s Marcellus Shale, which also extends into Pennsylvania where it’s already been very damaging.

The public radio show On Point had a good discussion about the basics of fracking.

Then-New York governor David Paterson issued an executive order imposing a temporary moratorium on fracking. Planet Albany blog reports that the state Assembly wants to extend that ban until June 1 of next year, so that the state Department of Environmental Conservation can complete a study into its damage to the environment and drinking water. It is unclear if the Senate will follow suit. The deputy majority leader, Republican Tom Libous, is from Binghamton, in southern New York, where some officials want the jobs that fracking would bring.

This is also called into a question by a Rochester Democrat and Chronicle report that the state’s pension fund has over $217 million invested into natural gas and fracking companies and $1 billion in total invested in the energy industry. "The main objective [of the pension fund] is to make money, so that's always a primary concern,” said state comptroller Tom DiNapoli, who is sole trustee of the fund.

The great non-profit journalistic website Pro Publica had a telling story on the fracking industry’s well-funded and –organized opposition to any safety disclosure requirements whatsoever. ProPublic has done a series of articles on hydrofracking and the natural gas industry.

Panning the New York state ethics bill

The Glens Falls Post-Star is generally known for offering poorly thought out, small-minded editorial positions completely devoid of any nuance or forward thinking. The one exception is that they typically run pretty good editorials on issues related to governmental transparency, the topic which earned its editorial writer, Mark Mahoney, his Pulitzer Prize.


An editorial earlier this week dealt with the proposed bill in the New York state legislature on ethics and public integrity (try saying that without a snicker). The governor and two legislative leaders fell over themselves patting themselves on the back and describing the agreement as ‘historic’ about as often as Rudy Giuliani invokes 9/11.

The Post-Star points out that the bill is seriously flawed and said that it is, at best, a mere first step. Unfortunately, we know that it’s not to be; Albany only ever does the bare minimum necessary to give the illusion of something meaningful.

It points out that the new ethics commission would have even fewer investigators and less time to do its work than the current, ineffectual panel. The bill makes it virtually impossible for the commission to actually take action, since nearly everyone has veto power.

State electoral law is rigged to ensure that the two corporate parties are the only ones realistically able to win any party-based election. Leaders are so confident of the rigged system that the ethics bill contains no provision for enforcement against elected officials who are outside the two corporate parties. They can’t conceive that there would ever be a non-Democrat or –Republican in state government to worry about.

Ethical standards as well as the organization and conduct of elections are supposed to be non-partisan, not bipartisan. Kudos to my friend Bob over at Planet Albany for being one of those rare mainstream journalists aware enough to actually understand the difference.

No more taxpayer funded health insurance for state legislators

The Adirondack Daily Enterprise ran a piece how some of the region's town and village boards are stopping board members from getting taxpayer-funded health benefits because they are only part-time elected officials.

As an excuse against ethics regulations relating to disclosure, state legislators in Albany claim that, despite their very hefty salaries, they are part-timers as well...

They must have plates in their heads (updated)

In order to preserve low taxes on the rich, some of the thieves in Albany wants to soak kids. Two bills in the New York state Assembly have been introduced that would require license plates on all bicycles. The license plate would cost $25 initially and $5 a year after that and would be required for all bikes, including those owned by children.

Biking helps people get fit, relieves traffic congestion and does not contribute to air pollution or climate change. These things are not only beneficial in and of themselves but lower costs to society by making less road maintenance, less environmental remediation and fewer expensive medical problems.

It's a well-accepted goal of public policy to use taxes and fees to discourage bad behavior. But these brainless wonders apparently want to discourage GOOD behavior... all for a purported benefit to the state coffers of a whopping $375,000 a year.

Contact your Assembly member and tell them to shift their brain into first gear and bury this bill.


Update: I've received word that the bills' sponsor, Assemblyman Michael DenDekker, has withdrawn the pieces of legislation. He said that the bills were "in response to numerous complaints from my constituents regarding bicyclists who were not following local and state laws"... because the way to deal with people who don't follow laws is to pass more laws they won't follow. His press release stated that "the original intent of these bills was to enhance pedestrian and bicycle safety" while omitting the real intent of the bills: a money grab.



">

Homeowners sue hydrofracker over poisoned drinking water

There is plenty of debate in New York about hydraulic fracturing (known as hydrofracking) in the southern part of the state. Fracking is a form of drilling which fractures the rock underneath the surface of the Earth to release natural gas. Supporters say that the hydrofracking industry would create countless jobs in southern New York. Opponents claim that the procedure has been shown to be a several threat to clean drinking water.

The non-partisan, non-profit journalism organization Pro Publica has covered this issue quite well (its excellent articles on the topic can be accessed here). It includes some pieces of the hydrofracking industry’s strident opposition to any sort of transparency.

Recently, the city of Buffalo became the first municipality in the state to ban the procedure. The vote was more symbolic than anything, given the city’s location, but opponents hope it triggers a loud wave of opposition to the dangerous procedure.

Many newspapers such as the Watertown Daily Times and Glens Falls Post-Star have editorialized for a ban on hydrofracking.

Nine homeowners in Elmira, near New York’s border with Pennsylvania (where fracking has been pursued with reckless abandon), have filed a lawsuit against a Colorado-based company claiming it was negligent in its drilling, construction and operation of two [hydrofracking] gas wells in Big Flats and that the company’s actions resulted in contamination to nearby water wells.

As government officials in Albany consider how to deal with the industry, they should remember that jobs and easy money are of little use if it destroys something as basic and fundamental as drinking water.

Lying weasels

When I lived in West Africa, one of my Guinean friends often remarked a bit sarcastically, “Toute opposition est démocrate” -- all opposition parties believe in democracy. The implication being that parties advocate democracy, good governance and all sorts of neat things when they are in opposition because it sounds good and are quick to jettison those 'principles' when they actually gain power.

As Bob over at Planet Albany blog noted, this phenomenon is just as prevalent in the banana republic of Albany as in West Africa.

He points out that New York Senate Republicans have ran away from their promise to support a non-partisan process to draw electoral districts. It’s a process they supported when they were in opposition last year (and campaigning against the incompetent and corrupt Democrats then running the chamber) and are now weaseling out of now that they’re in power.

And it’s pretty impressive. Most politicians take time to weasel out of their promises. Senate Republicans have only taken a few weeks. Of course, that is not the only example we've seen recently.

Though actually, my earlier characterization is not quite fair. Legislators from West Africa have higher standards and would not tolerate Albany’s level of dysfunction and corruption.

Sometimes, you do get what you vote for

Apparently some people are upset that NY Gov. Andrew Cuomo is threatening to lay off as many as 12,000 state workers, about 5% of the entire state work force. Why?

Nearly 96% of New Yorkers recently supported the Republican economic agenda, via their votes for either Cuomo or Carl Paladino; the highest vote getter among those advocating a non-GOP economic agenda was Green Howie Hawkins at 1.3%.

In a recent Siena poll, 87% said they wanted the state to erase the $10 billion budget gap without raising taxes or new borrowing.

If you want to balance a budget, you either need to cut spending, raise revenue or some combination thereof. And since the public’s stated preferences exclude the latter two, they have nothing to complain about.

You voted for it. You got it. Quit whining!

Part-time legislators, full-time salary

In recent weeks, there has been much criticism of New York state legislators for collecting salaries and pensions at the same time. This is particularly galling since many of the legislators in question are advocates of smaller government and less spending of tax dollars. But that is not their only waste.

The Capitol Confidential blog reports that the legislature will convene a mere 63 days this calendar year. The base legislative pay is $79,500. Lawmakers get paid even more for serving on committees.

$79,500 for 63 days of formal work, of which they may or may not attend all. And it's their staffers who do the real work.

And people complain that a teacher, who’s actually expected to produce quantifiable results, making $30,000 for 190ish days of formal work is overpaid.


Update: As Tweeter @Arfung notes -- Steve Jobs, arguably most successful CEO in America, has salary of $1 per year. And Jobs adds a bit more to the economy than Mrs. Sayward or her husband.

[Guest essay] Legislators should be paid once for their work, not twice

The Plattsburgh Press-Republican reported that North Country Assemblywomen Teresa Sayward and Janet Duprey will both be "retiring" on December 31 before starting their new terms the following day. This will allow them to collect both a salary and a pension, a controversial tactic commonly referred to as "double dipping." This has particularly galled many people since Sayward and Duprey frequently brag about their 'fiscally conservative' credentials. Although the Syracuse Post-Standard reports that the tactic is not limited to state legislators who claim to support smaller government and less spending. This loophole was recognized as being inappropriate and was closed several years ago by the legislature but Sayward and Duprey were grandfathered in. The pair defended their double dipping in an interview with North Country Public Radio. Post-Star columnist Will Doolittle said that everyone else does it, so why shouldn't pro-smaller government legislators. A local resident disagrees.



Guest essay
by Benjamin Lapham

In a survey (available here) prior to the election this past November, Assemblywoman Teresa Sayward had this to say:

Government is too big, there are too many agencies, authorities, political appointments and benefits are way too rich, Albany needs to lead by example and move to computerize the legislature, make all allocations for the legislature equal as is currently done in congress, and budget for only the basic needs of the state, health, education and welfare, retirement benefits are unsustainable, as a start all politicians should be taken out of the NYS Retirement System and put into a 401K type of benefit, no one should be receiving retirement benefits without paying into the system, realistically the deficit will not be addressed until special interests are taken out of the mix, this can happen if there were term limits on all elected NYS officials, 4 year terms, three terms max.


One might think that because Sayward is concerned about limiting service in the Assembly, that her upcoming retirement on 12/31/2010 is a case where a public official is putting her words into action. And I suppose it is a kind of action, in as much as hypocrisy is an action. Because, you see, she will be beginning her new term on 1/1/2011. This will allow her to collect two checks for one job (see here).

In Sayward’s own words, she defends her decision to “retire” for a few hours and unethically pull down two checks (a retirement check for her 2010 term as well as a check for her 2011 term) as a benefit for her husband. “We were dairy farmers,” Sayward said. “All he has is social security and the little bit we were able to put aside.” “It simply was a decision I made to protect my husband,” she said.

Wouldn’t the ethical thing be to provide better Social Security benefits for everyone? If she thinks it is a concern of dairy farmers, what other dairy farmer benefited by her taking a check for Assembly and also cashing a check for being retired from the exact same job? It is grift, pure and simple. If it were not, why would this “loophole” have been closed in 2005 (see here).

Sayward says, "I've worked hard. I'll have to continue to work, just like anybody among my constituents. Most people, when they retire, still have to work." This is an insult to every person in her district who are paid once for their labor. Teresa Sayward has gone to Albany under the pretense of making New York State a better place to do business, but has proven the only one she is benefitting is the family of Teresa Sayward.

Why NYS is in such a bad state

Since early 2008, NYS Gov. David Paterson has been warning about the fiscal challenges and calling for action but has consistently been pooh-poohed and called Chicken Little by Assembly Speaker Sheldon Silver.

So naturally, it's Paterson who will be out of office next month and Silver who will be re-elected by his cronies and become the longest serving speaker in state history. Sigh...

The sleaziest man in Albany deemed a 'hero of reform'

A lot of noise has been made recently by the group NY Uprising, founded by former New York City mayor Ed Koch. The group states three principal goals: non-partisan independent redistricting, responsible budgeting and ethics reform. I support all of these things, as does the truly reform minded Green Party of New York (whose candidates' opinions apparently weren't important enough to Koch's group to solicit).

NY Uprising takes it one step further. It categorically labels those who sign a pledge supporting these three issues as "Heroes of Reform," and those who don't "Enemies of Reform."

I don't like this.

First, I'm not a big fan of this sort of pledge because it essentially reduces complicated issues to black and white, squishing out any nuance.

If I were a politician, I'd be wary about being pressured to sign something by a group trying to put words in my mouth.

Second, it deems people heroes and enemies solely based on whether a politician agrees to someone else's words.

Especially in Albany, talk is cheap.

My local Assemblywoman Teresa Sayward took a shot at Koch's group for exactly this reason.

She wrote: Your lists mean nothing if in fact those who have taken your pledge as reformers have legislative voting records against reform and those named to the list as enemies have consistent reform records.

The ultimate illustration of the meaninglessness Koch's lists is the legislature's most infamous member (a pretty powerful label considering the competition).

You might remember Sen. Pedro Espada as the main instigator of two changes of power in the senate, both exploited by Espada to gain plum leadership positions for himself. Or perhaps you might remember him as the latest legislator to find himself under criminal investigation (for suspected corruption and campaign finance violations). Or maybe you remember him as the guy who dismissed all criticism of his lust for power and alleged corruption as racially motivated.

According to Koch's group, this sleazeball was decreed... (drumroll please)... a Hero of Reform.

If the hope of ethics reform and good governance in New York rests on the shoulders of Pedro Espada, then the state is truly screwed.

The working (?) poor

Our esteemed state legislators in New York won't touch their salary until they grow some stones, defy their misleaders, do their job and actually pass a budget... one that was due nearly four months ago.

Until then, The Times-Union reports that the poor lot will have to survive on a paltry per diem of a meager $171 a day. How will they manage?!

Dereliction of duty in Albany, pt. 2491

Blogger Bob at Planet Albany gave an account of what our esteemed Assembly members were working on today, which culminated with a discussion "so boring it drove [him] out of the chamber."

No one will be shocked to learn that you will NOT find in his account any mention of the Assembly working on what's most needed: the now-six weeks late state budget... a delay which risks having effects nearly as catastrophic as the cuts the delinquent lawmakers are avoiding.

Delinquent New York legislators should be impeached

Contrary to what they may say in public, I think New York Democratic pooh-bahs are secretly thrilled that David Paterson is governor. He can do all the unpopular things they know need to be done but are too cowardly to do themselves and Paterson can take the public crucifixion for them.

Yesterday, the legislature approved Paterson's controversial plan to furlough 100,000 state workers. The governor argued that the move was necessary to save money, since the legislature hasn't passed a budget that was due on April 1.

Despite passing the bill which included the furloughs, legislators blasted the proposal and the governor. In fact, many contended that furlough plan was illegal. It speaks volumes about the legislature's uselessness that they would vote to approve something they not only condemned but thought wasn't legal.

Their uselessness was further illustrated by the posturing against the governor. Furloughs wouldn't be necessary if the legislature DID ITS JOB AND PASSED A BUDGET, according to its constitutional obligation. Basically, the legislature is blaming the governor for doing what they're too craven to do themselves.

But the posturing is working. Public sector unions aren't firing their venom at the delinquent legislators; they are bashing the governor, the only person in Albany who seems to have a clue about his responsibilities. This is why the Democrats secretly love David Paterson.

And with the budget six weeks late, legislators are busy not only with grandstanding press conferences, but they managed to find time to revive another unfunded mandate. Maybe some day, they'll find time to do their job.

Update: Again, props to the governor for trying to prevent New York from turning into Greece or California or even Spain. The Spanish Socialist government is pushing through deep budget cuts, which will include a 5% REDUCTION in public sector salaries. By contrast, New York's public sector unions rejected a request by the governor to hold off on their 4% annual pay raise for this year in favor of a pay freeze (something I and many other private sector workers got). Since the unions have rejected a pay freeze are trying to get furloughs declared illegal by the courts, Lt. Gov Richard Ravitch has warned that mass layoffs might be the only option left. I thought a union's first priority was to try to preserve jobs. The white collar unions should be careful what they wish for. New Yorkers might end up deciding that they CAN live with fewer bureaucrats.

Espada to enter Albany's Pantheon of convicts?

State Senate Majority Leader Pedro Espada, of coup infamy, is reported under investigation for alleged corruption. According to The New York Times, Attorney General Andrew Cuomo alleged that that Mr. Espada, his family and his political aides had siphoned more than $14 million from a health care nonprofit he founded to pay for meals, vacations and campaign expenses.

The organization's board approved a $9 million severance package for Espada, reported the NYT.

The not-for-profit, surprise surprise, receives the 'vast majority' of its funding from taxpayers.

If convicted, Espada would join a long list of high-ranking New York leaders in recent times to be forced out of office due to criminal activity.

-Assembly Speaker Mel Miller (convicted of fraud, 1991)

-Chief Judge Sol Wachtler (convicted of intimidation and attempted kidnapping, 1993)

-Comptroller Alan Hevesi (convicted of defrauding the government, 2006)

-Senate Majority Leader Joe Bruno (convicted of corruption and mail fraud, 2009) (note: he resigned during the investigation but before the indictment)

-Governor Eliot Spitzer (we all know that story)

This list does not even include lower level dregs like convicted domestic abuser and expelled senator Hiram Monserrate.

Update: Commenter Bob from Planet Albany blog points out that during the current legislative session, all 62 members of the Senate has voted to make Espada either president pro temp (and thus at the time acting lieutenant governor) or majority leader.