BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! Options

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"Assistant United States Attorney (AUSA) BARBARA COTTRELLl advised on 2/27/89 that rather than converting this matter to a full investigation at this time, she would prefer to read the FD-302 which is being prepared of the PLAINTIFF interview and which will set forth PLAINTIFF's experiences as the Rensselaer County Director of Environmental Health, chronologically."

"In the next thirty day period, ALBANY will also conduct interviews of people identified by PLAINTIFF as having information relating to corruption in the Rensselaer County Health Department and on the part of developers operating in Rensselaer County."

"After reviewing results of these interviews, AUSA Cottrell will render a prosecutive opinion that will assist the FBI in deciding whether to convert this investigation to a full investigation, extend the preliminary inquiry or close the investigation."

- Federal Bureau of Investigation document found at page 160 of the "O'Connor BIBLE" submitted to the federal Second Circuit Court of Appeals in New York City in this matter, November 2005

"Public's right to know needs nonstop vigilance" 
 
By CHRISTINE TATUM

Albany, New York Times Union
First published: Sunday, March 12, 2006

If my career in journalism has taught me anything, it is that government seldom tells the truth, the whole truth and nothing but the truth.

Admit a mistake, much less abject failure?

Right.

People -- especially those entrenched in "the system" -- are more concerned about saving their jobs, their money, their personal and political connections, their reputations, their time.

Catch them if you can.

The cover-ups and outright lies don't surprise me --

But the degree to which Americans are willing to tolerate them does.

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING, DESPITE THE BEST EFFORTS OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO TO HAVE IT BE OTHERWISE, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSEALER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: May I start, Mr. Hearing Officer, with the exhibit which is the October 11 memorandum from myself to Mr. Buono?

"EYES AND EARS" OF JOHN L. BUONO: County 13, and I'll provide that to you.

ENGINEER: Thank you.

On the morning of 11 October 1988 ...

I arrived in my office approximately 8:30 A.M.

That was the day following a holiday ...

And I proceeded to write out a draft document which I believe also is in evidence ....

And I'd like to have that if I could .....

"EYES AND EARS": Sure. County 26.

ENGINEER If I may look at this?

"EYES AND EARS": Sure.

ENGINEEER: Okay.

This does appear to be the beginning of a draft document.

Mr. Hearing Officer, the first thing I would like to have in the record is that the document which laid face down on my desk ...

Which is this document, County 26 .....

This document was never finished by myself.

I reached a point in the writing of that document ....

Where the focus was to shift ...

And I did not have an opportunity to go further with that.

This document which is County 13 ....

Is in the form of a finished memorandum ....

And by the in-place procedure in the Rensselaer County Health Department at that time .....

A finished memorandum would be denoted by the signature down on the bottom of the document .....

Of the author and the typist.

This document, County 13, was never authorized by myself to be in this particular form.

To be continued .....

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"This document, County 13, was never authorized by myself to be in this particular form."

- Rensselaer County Associate Public Health Engineer, April 11, 1989

The "right" to suppress, alter, or create "evidence" from thin air and smoke is, of course, a very powerful "WEAPON" in the arsenal of government lawyers bent on preserving corruption which "feeds" their "faction" of choice, in this case under discussion, the REPUBLICAN PARTY .....

When "crushing" any dissent which might threaten that corruption ...

And the "candy" which that corruption provides to public officers in the State of New York, or the County of Rensselaer, or the Town of Poestenkill, who feed off that corruption ....

And thus, are "on the make" ......

That particular "weapon" was used with some effectiveness against the Rensselaer County Associate Public Health Engineer ....

As it is an abuse that is tolerated and accepted by the political judges in the State of New York ...

And in the federal Northern District of New York as well ...

And so ....

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EXHIBIT, RENSSELAER COUNTY #13

DATE: October 11, 1988

TO: John Buono, Rensselaer County Executive

FROM: Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(b)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

MAY 25, 1989

PRESS STATEMENT OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO CONCERNING HIS DECREE THAT DAY THAT THE PLAINTIFF HEREIN, A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER, COULD NO LONGER PRACTICE IN THE RENSSELAER COUNTY HEALTH DISTRICT IN HIS CAPACITY AS HEALTH DISTRICT ASSOCIATE PUBLIC HEALTH ENGINEER

"I cannot in good conscience condone the conduct of an employee who consistently stated that he worked for the State of New York, rather than Rensselaer County ....."

Troy, New York RECORD

Wednesday, February 22, 1989

"Court delays PLAINTIFF'S disciplinary hearing"

"We believe there is just cause for closure," Mayo told Judge Conway Tuesday.

"Not only could PLAINTIFF say things during the hearing that could affect pending litigation, but PLAINTIFF'S behavior is questionable."

"Mayo said PLAINTIFF suffers from a post-combat stress condition that could result in irrational behavior."

"PLAINTIFF is a Vietnam veteran."

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING, DESPITE THE BEST EFFORTS OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO TO HAVE IT BE OTHERWISE, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSEALER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

To be continued .....

ENGINEER: This document, County 13, was never authorized by myself to be in this particular form.

There was a request by myself on the morning of the 14th of October and a telephone call to Jodi Ludwig and Jodi Ludwig was my personal secretary.

Ms. Ludwig was told by myself that Mr. Buono the County Executive, was to be confronted, if you will, I believe at one o'clock that afternoon by a group of environmentally related individuals, Judy Enck and I believe about six other individuals and potentially members of the media.

And this was known to myself because Judy Enck had called me the night before, the evening of the 13th of October, to discuss my status which had been the subject of television, radio and newspapers, to ask me if I knew what had happened to myself.

As a result of the discussion with myself on the evening of the 13th, Judy Enck informed me that she and these other individuals would be confronting, and the word "confronting" was the word used in the conversation, confronting Mr. Buono.

I explained to Judy that certain documents that we were discussing in the telephone call were merely handwritten.

I explained to judy Enck that I was locked out of my office, I did not have access to my office, and I wasn't responsible for what was in my office, and I had no way of conveying to John Buono anything that was in my office.

There was discussion of this particular document and its importance to what these people would be discussing with Mr. Buono.

Based on that, the telephone call, and based on the fact that Mr. Buono would be in a meeting with these people, I called Ms. Ludwig, I explained to Ms. Ludwig that there was going to be a one o'clock meeting, that it was very important that John Buono have in his hands a typed DRAFT of this letter ...

And I wanted it to be marked DRAFT per the provisions of our day-to-day operations, and I will put into evidence other draft documents to illustrate what I'm referring to.

It would have DRAFT clearly written on the top of it.

It would be double-spaced, and Jodi was told to go as far ....

Type everything I have ...

And finish it with trailing periods ........

Trailing periods were to indicate that the document would have continued.

In the meantime, I gave her that instruction to type that ....

And I told her to hang onto the document, that I would make arrangements for this document to be conveyed to County Executive Buono.

And I told Jodi Ludwig that I wanted to have .....

I wanted to insure that there was going to be a receipt.

I wanted to know that this document was in John Buono's hands.

I didn't want it given to his secretary.

I didn't want it floating around the building.

I wanted that document given to the County Executive .....

And that I did not trust that it would get there through normal channels.

So I told her to just hang on to it.

end quotes

To be continued ......

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ENGINEER: I explained to judy Enck that I was locked out of my office, I did not have access to my office, and I wasn't responsible for what was in my office, and I had no way of conveying to John Buono anything that was in my office.

There was discussion of this particular document and its importance to what these people would be discussing with Mr. Buono.

Based on that, the telephone call, and based on the fact that Mr. Buono would be in a meeting with these people, I called Ms. Ludwig, I explained to Ms. Ludwig that there was going to be a one o'clock meeting, that it was very important that John Buono have in his hands a typed DRAFT of this letter ...

And I wanted it to be marked DRAFT per the provisions of our day-to-day operations, and I will put into evidence other draft documents to illustrate what I'm referring to.

It would have DRAFT clearly written on the top of it.

It would be double-spaced, and Jodi was told to go as far ....

Type everything I have ...

And finish it with trailing periods ........

Trailing periods were to indicate that the document would have continued.

In the meantime, I gave her that instruction to type that ....

And I told her to hang onto the document, that I would make arrangements for this document to be conveyed to County Executive Buono.

And I told Jodi Ludwig that I wanted to have .....

I wanted to insure that there was going to be a receipt.

I wanted to know that this document was in John Buono's hands.

I didn't want it given to his secretary.

I didn't want it floating around the building.

I wanted that document given to the County Executive .....

And that I did not trust that it would get there through normal channels.

So I told her to just hang on to it.

MARCH 15, 1989

CROSS-EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG CONCERNING HIS KNOWLEDGE OF HOW RENSSELAER COUNTY EXHIBIT #13 CAME INTO EXISTENCE

Q: Mr. Van Praag ....

Was it customary for people in the Department of Health including yourself and PLAINTIFF to initial memos that went from one person to another?

VAN PRAAG: It would be the normal procedure, yes.

Q: And so ...

Wasn't it normal procedure that after a memo was typed, and before it's distributed to anybody ...

It will be initialed by the author?

VAN PRAAG: Under normal circumstances ....

That is true.

Q: Now ..

This memo here that's been marked as Exhibit 13 .....

Is not initialed, is that correct?

VAN PRAAG: That is correct.

Q: And when you first saw this memo, was it initialed by PLAINTIFF?

VAN PRAAG: No ...

It was not ....

Q: To your knowledge ...

Are there any copies of this memo that were initialed by PLAINTIFF?

VAN PRAAG: No ....

Not to my knowledge ....

Q: Do you know if PLAINTIFF ever saw this memo after it was typed up?

VAN PRAAG: I don't believe he saw it until later on .....

On the afternoon of October 14 ....

Q: So ....

This memo ....

VAN PRAAG: In fact ...

It wasn't typed until October 14, despite the October 11 date.

Q: So ..

The memo is dated October 11 .....

VAN PRAAG: That's what it's dated ....

But it was not typed on that date ....

end quotes

To be continued ......

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ENGINEER: This document, County 13, was never authorized by myself to be in this particular form.

There was a request by myself on the morning of the 14th of October and a telephone call to Jodi Ludwig and Jodi Ludwig was my personal secretary.

Ms. Ludwig was told by myself that Mr. Buono the County Executive, was to be confronted, if you will, I believe at one o'clock that afternoon by a group of environmentally related individuals, Judy Enck and I believe about six other individuals and potentially members of the media.

*******

Based on that, the telephone call, and based on the fact that Mr. Buono would be in a meeting with these people, I called Ms. Ludwig, I explained to Ms. Ludwig that there was going to be a one o'clock meeting, that it was very important that John Buono have in his hands a typed DRAFT of this letter ...

And I wanted it to be marked DRAFT per the provisions of our day-to-day operations, and I will put into evidence other draft documents to illustrate what I'm referring to.

It would have DRAFT clearly written on the top of it.

It would be double-spaced, and Jodi was told to go as far ....

Type everything I have ...

And finish it with trailing periods ........

Trailing periods were to indicate that the document would have continued.

In the meantime, I gave her that instruction to type that ....

And I told her to hang onto the document, that I would make arrangements for this document to be conveyed to County Executive Buono.

And I told Jodi Ludwig that I wanted to have .....

I wanted to insure that there was going to be a receipt.

I wanted to know that this document was in John Buono's hands.

I didn't want it given to his secretary.

I didn't want it floating around the building.

I wanted that document given to the County Executive .....

And that I did not trust that it would get there through normal channels.

So I told her to just hang on to it.

MARCH 15, 1989

CROSS-EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG CONCERNING HIS KNOWLEDGE OF HOW RENSSELAER COUNTY EXHIBIT #13 CAME INTO EXISTENCE

Q: Do you know if PLAINTIFF ever saw this memo after it was typed up?

VAN PRAAG: I don't believe he saw it until later on .....

On the afternoon of October 14 ....

Q: So ....

This memo ....

VAN PRAAG: In fact ...

It wasn't typed until October 14, despite the October 11 date.

Q: So ..

The memo is dated October 11 .....

VAN PRAAG: That's what it's dated ....

But it was not typed on that date ....

MARCH 15, 1989

CONTINUED CROSS-EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG CONCERNING HIS KNOWLEDGE OF HOW RENSSELAER COUNTY EXHIBIT #13 CAME INTO EXISTENCE

Q:You indicated it was typed on the 14th?

VAN PRAAG: Yes, sir ....

Q: And when documents are typed up in the Department ....

Is there, isn't there any record of which secretary or word processor types up what document on what date?

VAN PRAAG: It would normally be their initials on the bottom of the letter or memo they had done to identify who it was that had done it.

Q: Other than that, there is no record?

VAN PRAAG: No.

Q: Okay.

Now, did you see this memo before it was typed up?

VAN PRAAG: I did not ....

Q: Did you .....

VAN PRAAG: I'm not even copied on that memo, as you can see .....

Q: And did you see this memo ...

Well, when was it that you first saw this memo?

VAN PRAAG: On Friday, October 14 at 9:30, ten o'clock in the morning.

Q: And how did it come to your attention?

VAN PRAAG: It was brought to me by the secretary who had typed it.

Q: And who was that?

VAN PRAAG: Jodi Ludwig ......

[Livyjr]

MARCH 15, 1989

CONTINUED CROSS-EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG CONCERNING HIS KNOWLEDGE OF HOW RENSSELAER COUNTY EXHIBIT #13 CAME INTO EXISTENCE

Q: And she brought the memo to you?

VAN PRAAG: Yes.

Q: And had it been delivered to Mr. Buono?

VAN PRAAG: Not at the time it was delivered to me.

I delivered it to Mr. Buono's office ....

Or rather ...

To the Deputy County Executive ....

Who I guess ..

I don't know ...

Who delivered it to him ....

But I delivered it to the Deputy County Executive.

Q: And you indicated that Miss Ludwig brought it to you at 9:30 in the morning?

VAN PRAAG: 9:30 to ten ....

Some time PLAINTIFF had called in the morning ....

After he had been placed on LEAVE OF ABSENCE status ...

He directed her in some fashion .....

To type up the memo .....

That was apparently sitting on his desk .....

From October 11 ......

[Livyjr]

MARCH 15, 1989

CONTINUED CROSS-EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG CONCERNING HIS KNOWLEDGE OF HOW RENSSELAER COUNTY EXHIBIT #13 CAME INTO EXISTENCE

Q: And you indicated that Miss Ludwig brought it to you at 9:30 in the morning?

VAN PRAAG: 9:30 to ten ....

Some time PLAINTIFF had called in the morning ....

After he had been placed on LEAVE OF ABSENCE status ...

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

On October 6, 1988, "an Ad Hoc Engineering Committee" held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to PLAINTIFF, of a "deal" between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer's Organization.

In PLAINTIFF's view, the purpose of this "Ad Hoc Engineering Committee meeting" was to tell PLAINTIFF how to do business in the Health Department, or else he "would not do business".

According to PLAINTIFF, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, PLAINTIFF understood, Health Department officials certified projects in return for contributions to various politicians.

******

Shortly thereafter, PLAINTIFF was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that PLAINTIFF was suffering from stress related to his service in Viet Nam.

PLAINTIFF was replaced, in the Health Department, by one Claude Rounds who, according to PLAINTIFF, immediately certified many of the projects which PLAINTIFF had refused to certify because in PLAINTIFF's view they were uncertifiable.

PLAINTIFF stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (PLAINTIFF) had "upset some of the most powerful men in Rensselaer County" and that Van Praag could no longer "protect" PLAINTIFF.

PLAINTIFF noted that he advised the Ad Hoc Engineering Committee on the evening of October 6, 1988, he intended to go to the New York State health Department concerning this meeting which he considered to be an outrageous violation of ethical and professional standards.

Subsequently, the county held formal hearings, the purpose of which was to remove PLAINTIFF from office for insubordination and other charges.

A Special Agent of the FBI at Albany attended some of these hearings.

Initially, the county sought to have these hearings private despite the fact that PLAINTIFF waived his right to a private hearing and desired that the proceedings be public.

This issue was brought before a State Judge, however, the county agreed to have open hearings before the judge had an opportunity to rule on the merits of this case.

The judge, however, did comment, that Rensselaer County had made a "wise decision" in deciding to have open hearings.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

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MINUTES of a CONFERENCE between the RENSSELAER COUNTY DEVELOPMENT COUNCIL and the NEW YORK STATE DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL PROTECTION, held at the offices of the Department, 2 University Place, Albany, New York, on Tuesday, March 1, 1988, commencing at 1 PM and stenographically reported by Mary Lomonoco, Shorthand Reporter and Notary Public in and for the State of New York.

In attendance at this meeting are as follows:

Dr. Leo Hetling, Director, and James "Mr. Jimmy D." Decker of the Division of Environmental Protection of the New York State Department of Health; Steven Anderson and Fred Nero of Mountain Meadow Properties; Rod Michael of the Eastern New York Society of Land Surveyors; Kevin Brady of the Rensselaer County Regional Chamber of Commerce; Douglas Clark of Clark Engineering; George Duggan of Best Building; Richard Melius of the Rensselaer County Development Council, and Victor Gush and Jack Leonard, land developers.

DR. LEO HETLING: From your letter - where there is a State subdivision law, in response to that law the Department has had rules and regulations that we delegate, for the most part, the environmental program, to county health departments.

And county health departments, for the most part, take our codes and regulations, adopt them in whole, and usually follow the procedures that we publish.

Although not by law, they have to publish those procedures.

COUNTY HEALTH DEPARTMENTS ARE AGENTS OF THE STATE, BUT I CHARACTERIZE THEM AS INDEPENDENT AGENTS.

THEY HAVE A LOT OF LEEWAY!

MARCH 15, 1989

CONTINUED CROSS-EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG CONCERNING HIS KNOWLEDGE OF HOW RENSSELAER COUNTY EXHIBIT #13 CAME INTO EXISTENCE

Q: And you indicated that Miss Ludwig brought it to you at 9:30 in the morning?

VAN PRAAG: 9:30 to ten ....

Some time PLAINTIFF had called in the morning ....

After he had been placed on LEAVE OF ABSENCE status ...

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

On October 6, 1988, "an Ad Hoc Engineering Committee" held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to PLAINTIFF, of a "deal" between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer's Organization.

In PLAINTIFF's view, the purpose of this "Ad Hoc Engineering Committee meeting" was to tell PLAINTIFF how to do business in the Health Department, or else he "would not do business".

According to PLAINTIFF, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, PLAINTIFF understood, Health Department officials certified projects in return for contributions to various politicians.

******

Shortly thereafter, PLAINTIFF was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that PLAINTIFF was suffering from stress related to his service in Viet Nam.

PLAINTIFF was replaced, in the Health Department, by one Claude Rounds who, according to PLAINTIFF, immediately certified many of the projects which PLAINTIFF had refused to certify because in PLAINTIFF's view they were uncertifiable.

PLAINTIFF stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (PLAINTIFF) had "upset some of the most powerful men in Rensselaer County" and that Van Praag could no longer "protect" PLAINTIFF.

PLAINTIFF noted that he advised the Ad Hoc Engineering Committee on the evening of October 6, 1988, he intended to go to the New York State health Department concerning this meeting which he considered to be an outrageous violation of ethical and professional standards.

Subsequently, the county held formal hearings, the purpose of which was to remove PLAINTIFF from office for insubordination and other charges.

A Special Agent of the FBI at Albany attended some of these hearings.

Initially, the county sought to have these hearings private despite the fact that PLAINTIFF waived his right to a private hearing and desired that the proceedings be public.

This issue was brought before a State Judge, however, the county agreed to have open hearings before the judge had an opportunity to rule on the merits of this case.

The judge, however, did comment, that Rensselaer County had made a "wise decision" in deciding to have open hearings.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

[Livyjr]

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

On October 6, 1988, "an Ad Hoc Engineering Committee" held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to PLAINTIFF, of a "deal" between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer's Organization.

In PLAINTIFF's view, the purpose of this "Ad Hoc Engineering Committee meeting" was to tell PLAINTIFF how to do business in the Health Department, or else he "would not do business".

According to PLAINTIFF, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, PLAINTIFF understood, Health Department officials certified projects in return for contributions to various politicians.

******

Shortly thereafter, PLAINTIFF was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that PLAINTIFF was suffering from stress related to his service in Viet Nam.

PLAINTIFF stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (PLAINTIFF) had "upset some of the most powerful men in Rensselaer County" and that Van Praag could no longer "protect" PLAINTIFF.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

MARCH 15, 1989

CONTINUED CROSS-EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG CONCERNING HIS KNOWLEDGE OF HOW RENSSELAER COUNTY EXHIBIT #13 CAME INTO EXISTENCE

Q: Now, do you have any knowledge why this memo is dated October 11, if it was typed up on the 14th?

VAN PRAAG: No, I do not ....

Q: Did you see any draft ....

Withdraw that ....

You indicated that Miss Ludwig came into your office before she typed it up, is that correct?

VAN PRAAG: That's my understanding of the sequence.

Q: And did she have something in her hand when she came in?

VAN PRAAG: No, she did not.

Q: And what is it that she told you?

VAN PRAAG: She told me she had this call from PLAINTIFF and wanted to know ....

She came to me and wanted to know what to do about it.

Q: Now, PLAINTIFF had already been suspended at that time .....

Is that correct?

VAN PRAAG: On the 13th.

Q: So .....

VAN PRAAG: And it was ....

Excuse me ...

PLAINTIFF was not suspended ....

PLAINTIFF was placed on leave of absence status ....

Q: So, PLAINTIFF was on leave of absence as of the 13th?

VAN PRAAG: Late in the afternoon of the 13th, yes.

[Livyjr]

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

Subsequently, the county held formal hearings, the purpose of which was to remove PLAINTIFF from office for insubordination and other charges.

A Special Agent of the FBI at Albany attended some of these hearings.

Initially, the county sought to have these hearings private despite the fact that PLAINTIFF waived his right to a private hearing and desired that the proceedings be public.

This issue was brought before a State Judge, however, the county agreed to have open hearings before the judge had an opportunity to rule on the merits of this case.

The judge, however, did comment, that Rensselaer County had made a "wise decision" in deciding to have open hearings.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

SO!

There we all were!

Us, the FBI, and the press, and the REPUBLICANS, of course!

And they were in charge!

Of everything.

This is 2/13/89, of course, at the bogus disciplinary hearing that starts this whole farce, but that is me speaking!

Let's see how the FBI finishes up that REPORT, as it is an illuminating look into what passes for JUSTICE in Rensselaer County, and the State of New York, and the Northern District of New York, as well:

After a half-hour recess, the Hearing Officer advised those present that he saw the proceeding solely as a personnel action and, citing pending litigation against the county, ruled to close the hearing to the public.

The Hearing Officer, in his comments, mentioned the need for balance, the balance being the public's interest and fairness to other county employees.

The Hearing Officer mentioned "fairness to other employees" as one of the reasons for closing the hearing.

The Assistant County Attorney then asked LANCE to clear the Hearing Room, stating again that this is a personnel matter not a criminal matter, and opposed a motion to adjourn the meeting, pending an appeal regarding the openness of the hearing.

A reporter then requested the Hearing Officer adjourn the meeting until such time as an attorney for the media could present arguments as to why the meeting should be open rather than closed.

The meeting, in fact, adjourned, adjourned until 2/14/89, at 1 P.M., at which time a closed session was held between the Hearing Officer, PLAINTIFF, and attorneys for the county and the media.

Coming out of this meeting was another adjournment until 2/22/89, which would give the media's attorney an opportunity to get a New York State Supreme Court ruling forcing the county to have an open hearing.

The writer (FBI SPECIAL AGENT) observed that the county's representative, MAYO, was extremely nervous and is further of the opinion that in a normal hearing such as this, the government body involved, in this case Rensselaer County, should not insist on a closed hearing when the person being disciplined or facing the charges waives his right to such a hearing, as the principle reason for a closed hearing is to protect the employee who faces disciplinary charges!

ENGINEER: And I told Jodi Ludwig that I wanted to have .....

I wanted to insure that there was going to be a receipt.

I wanted to know that this document was in John Buono's hands.

I didn't want it given to his secretary.

I didn't want it floating around the building.

I wanted that document given to the County Executive .....

And that I did not trust that it would get there through normal channels.

So I told her to just hang on to it.

end quotes

To be continued ......

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING, DESPITE THE BEST EFFORTS OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO TO HAVE IT BE OTHERWISE, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSEALER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: I then proceeded to make other phone calls and I ended up speaking with Deputy County Executive James Girzone .....

And that would be approximately somewhere around ten o'clock in the morning ....

On the 14th of October (1988) ....

With the one o'clock meeting coming up ..

I was trying to insure that the first thing in the morning .....

All of this would be handled.

I received a phone call from an individual within the building to the effect that the memorandum which Jodi Ludwig was to type and hang on to was now in the hands of Kenneth Van Praag.

I called James Girzone again ....

And I explained to James Girzone that there was a document ....

That it was important for Mr. Buono to have it in his hands ....

That document would be the only proof that I would have ...

Of certain actions that I had taken ...

And was about to take.

And I told Mr. Girzone ....

That it was my fear ....

That the draft was going to be ...

Draft meaning the pad ...

Was going to be destroyed .....

And that I would subsequently be further discredited as to the existence of it .....

[Livyjr]

In a just-released March 31, 2005 Decision of Federal Court for the Northern District of New York, with grave consequences to the common citizen in the Northern District of New York who must have the certification of an expert witness in order to file certain Petitions for Redress of Grievance in the Courts of the State of New York, where negligence or malfeasance by the state or one of its political subdivisions is alleged, a recently-appointed Federal District Court Judge has refused to grant injunctive relief to the Plaintiff therein, a New York State licensed professional engineer and certified associate public health engineer, that would have given him protection of law in the State of New York while giving testimony in court ON BEHALF OF the citizens of the State of New York, against the State of New York, or one of its political subdivisions.

The issue before the Court in that matter, Case No. 1:03-CV-753, Matter of PLAINTIFF, P.E. v. State of New York et al., requiring injunctive relief from the Federal District Court is a retaliatory practice in the Northern District of New York employed against an expert witness against the State of New York, BY THE STATE, where it simply removes the expert witness, as a witness against itself, by the expedient of having one of its doctors issue a signed declaration, SIGHT UNSEEN, that the witness in fact is an alleged dangerous mental patient who requires immediate incarceration in a secure mental health facility in the State of New York!

That order, known as a "9.45", then goes to the New York State Police, who capture the person, the intended victim, as it were, and take him to a designated secure mental health facility, for incarceration!

The "PSYCHIATRIC TAKEDOWN", it is called, and it is illegal, in that a doctor in the State of New York, BY FEDERAL and STATE LAW, both, cannot issue one of these orders IF he has never even seen the person, let alone examined him or her in person, as happened in this just-dismissed case involving this expert witness on behalf of the people of the State of New York, where the state's doctor issued a fraudulent "9.45" order for this expert witness, SIGHT UNSEEN, just days before this expert witness was going to file an affidavit on behalf of the citizens of Rensselaer County documenting continuing corruption in the Rensselaer County Department of Health having an adverse impact on the public health, safety, and well-being in the Town of Poestenkill, County of Rensselaer, State of New York!

In this case at bar, which was dismissed Sua Sponte by Bush-appointee Hon. Gary L. Sharpe on March 31, 2005, an illegal "9.45" order was issued against the Plaintiff on August 22, 2001, to intimidate and deter the Plaintiff from giving further evidence of corruption in the Rensselaer County Department of Health in a court of law!

Before the Federal District Court in support of a Motion for Injunctive Relief against the State of New York, the County of Rensselaer and the Town of Poestenkill in this matter was a July 13, 2004 letter from Rensselaer County Criminal Court Justice Patrick J. McGrath, wherein Justice McGrath, the chief criminal court judge in the County of Rensselaer, informed Federal Court Justice Sharpe that he, McGrath, had reviewed the evidence in the case as Rensselaer County's chief criminal court justice, and that he was concerned because that evidence supported a conclusion of violation of federal and state criminal codes, in addition to the civil charges contained in the Complaint in the matter.

Among the evidence which Judge McGrath relied upon in forming his conclusion of violation of federal and state criminal codes was a graphic video tape wherein one of the defendants can be seen physically assaulting and threatening the Plaintiff, and causing him bodily harm, to deter him from performing the duties of a licensed professional engineer in the State of New York, and a March 16, 1989 Report of the Federal Bureau of Investigation which is at the very heart of this matter of OUR right to dissent, and to petition for redress of grievance, which apparently has just been stripped from us common citizens in the Northern District of New York by Bush-appointee Sharpe on March 31, 2005.

In that March 16, 1989 Report of the Federal Bureau of Investigation, which was before Judge Sharpe in the Plaintiff's Motion for Injunctive Relief as Exhibit J, a Special Agent of the Federal Bureau of Investigation, based upon a review of substantial evidence, concluded:

"According to [name deleted], the results of the State's investigation were that New York State laws were not being followed by the Rensselaer County Health Department, Rensselaer County laws were not being followed by the Rensselaer County Health Department, and there was very little 'enforcement activity' even in the face of illegal sales."

"According to [name deleted], the object of any county health department (in the state of New York) is to protect the public, and not to facilitate developers, or development."

"In the case of Rensselaer County, it appears that the Rensselaer County Health Department was in business to facilitate developers and development rather than to protect the public!"

It was that last statement by this F.B.I. Special Agent in March of 1989 that set in motion the very chain of causality which has brought us up to this present moment in time in the Northern District of New York .......

And every now and then ...

It is both good and necessary to go back to the "beginning" on a thread, and tie that "beginning" into where we are now ....

And so ....

I have done that right above here .....

Taking us from the present time ...

Back to 1989 ....

Where in a county in the State of New York ...

Just across the Hudson River from the State capital in Albany, New York ....

A New York State licensed professional engineer and certified associate level public health engineer in the State of New York .....

Was ON TRIAL .....

Accused of being "INSUBORDINATE" ....

Because he would not become corrupt ...

As was required of him as a condition of his continued employment with the REPUBLICAN-controlled Rensselaer County Department of Health .....

And this all really did happen ....

The Federal Bureau of Investigation really did come into Rensselaer County to investigate public corruption ...

And when that investigation began to focus on "some of the most powerful men" in Rensselaer County ...

Who were also some of the most powerful men in the State of New York ...

The FBI was chased out of Rensselaer County with its tail between its legs ...

Ki-yi-ing as it ran away .....

Back to Albany, and political cover .....

While one man's professional career was destroyed .....

And his life made into a living Hell ....

TO PROTECT CORRUPTION ...

In the State of New York ...

And so ....

Some "history" .....

As to how and why that happened ...

And so ....

[Livyjr]

RENSSELAER COUNTY EXHIBIT #13

DATE: October 11, 1988

TO: John Buono, Rensselaer County Executive

FROM: Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(b)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

MAY 25, 1989

PRESS STATEMENT OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO CONCERNING HIS DECREE THAT DAY THAT THE PLAINTIFF HEREIN, A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER, COULD NO LONGER PRACTICE IN THE RENSSELAER COUNTY HEALTH DISTRICT IN HIS CAPACITY AS HEALTH DISTRICT ASSOCIATE PUBLIC HEALTH ENGINEER

"I cannot in good conscience condone the conduct of an employee who consistently stated that he worked for the State of New York, rather than Rensselaer County ....."

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

On October 6, 1988, "an Ad Hoc Engineering Committee" held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to PLAINTIFF, of a "deal" between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer's Organization.

In PLAINTIFF's view, the purpose of this "Ad Hoc Engineering Committee meeting" was to tell PLAINTIFF how to do business in the Health Department, or else he "would not do business".

According to PLAINTIFF, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, PLAINTIFF understood, Health Department officials certified projects in return for contributions to various politicians.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING, DESPITE THE BEST EFFORTS OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO TO HAVE IT BE OTHERWISE, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSEALER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: What I'd like to do first, Mr. Hearing Officer, is get into the specifics of the language (of COUNTY EXHIBIT #13 above) .....

Much has been stated that documents speak for themselves .....

I have to say ...

That in my experience with the County Health Department ....

That documents ...

Apparently speak ...

Many languages ...

To many different individuals ....

And I think history bears that out ...

In the history of man .....

I am sitting here ...

And I'd like the record to show I'm a licensed professional engineer ....

In the State of New York ....

I do abide by the codes, rules and regulations of the Education Department ....

I feel they govern my conduct .....

They do stress moral fitness ....

And I feel those rules govern my conduct .....

24 hours a day ...

Whether I'm here ...

Or not here .....

I wrote this memorandum (COUNTY EXHIBIT #13) NOT AS AN EMPLOYEE OF RENSSELAER COUNTY ....

But as a professional engineer with the County of Rensselaer ...

As my sole client .......

And I believe that makes a marked difference ....

In the interpretation ....

Of a document ....

To be continued .....

[Livyjr]

And here ...

An astute off-screen observer has commented to me that it looks like GORDON MAYO, ESQUIRE, the REPUBLICAN Rensselaer County Deputy Attorney alleged to be charged with defending the Rensselaer County Department of Health in a court of law in the event of a challenge of its policies .....

IS ACTAULLY PROSECUTING HIS OWN EXPERT WITNESS .....

Whose clearly-defined DUTY is to set those policies in the first place ....

At least as those DUTIES are defined in the OFFICIAL Rensselaer County paperwork establishing the position of Associate Public Health Engineer in the Rensselaer County Health District .....

And that astutue off-screen observer is CORRECT ....

MAYO was in fact conducting a PROSECUTION .....

ALONG WITH A COVER-UP .....

And as an ATTORNEY in the State of New York ...

Mayo was above and beyond the law himself ...

So that in this PROSECUTION .....

WHERE THE NORMAL RULES OF EVIDENCE DID NOT APPLY .....

Mayo was absolutely free to use all of the "tools" of the lawyer's trade to PROTECT CORRUPTION in the State of New York ...

Those being subornation of perjury, withholding and suppression and destruction of evidence, intimidation of witnesses ......

Actually, anything and everything needed to completely BLACKEN a man's professional reputation ....

And to thereby financially CRIPPLE him for the rest of his life ...

AS AN EXAMPLE TO ANYONE ELSE WHO MIGHT TRY TO TACKLE CORRUPTION IN THE STATE OF NEW YORK .....

And by this TACTIC, these corrupt public officials up here are able to defeat the provisions of Section 6 of Article I of the New York State Constitution ...

By making sure that no witnesses of any repute can come forward to a GRAND JURY in the State of New York with evidence of corruption .....

And since it is a sure-fire tactic .....

PUBLIC HEALTH ENGINEER: The term public health engineer SHALL mean a person who applies engineering principles for the detection, evaluation, control and management of THOSE FACTORS IN THE ENVIRONMENT WHICH INFLUENCE MAN'S HEALTH .....

- Title 10, New York Code of Rules and Regulations, Section 11.100

RENSSELAER COUNTY EXHIBIT #13

DATE: October 11, 1988

TO: John Buono, Rensselaer County Executive

FROM: Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(B)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING, DESPITE THE BEST EFFORTS OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO TO HAVE IT BE OTHERWISE, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSEALER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

To be continued .....

ENGINEER (PLAINTIFF): Oftentimes, documents like this (COUNTY EXHIBIT #13) are attributed to disgruntled employees .....

I considered myself a licensed professional engineer with a set of duties I was adhering to ....

This document was specifically on the integrity of the environmental health programs .....

I started this out and it was written to Mr. Buono on the advice of an attorney that I consulted prior to writing this ....

It was written to Mr. Buono because the attorney advised me, and this is a private attorney ....

Not a county attorney ...

I was advised by the attorney to write this memorandum not to the State Health Department ....

But to write it to the Chief Executive Officer of the County ....

Because to fail to do so would be to presume some guilt on the part of Mr. Buono ...

And one of the subjects in consulting with the attorney prior to writing this ....

Was the "etiquette", if you will, Mr. Hearing Officer, about making charges against certain individuals ....

And how that must proceed ....

To be continued

This post has been edited by Livyjr: Mar 21 2006, 07:13 AM

[Livyjr]

ENGINEER (PLAINTIFF): And one of the subjects in consulting with the attorney prior to writing this ....

Was the "etiquette", if you will, Mr. Hearing Officer, about making charges against certain individuals ....

And how that must proceed ....

SPRING 1989 .....

NEAR THE CONCLUSION OF THE "TRIAL OF THE CENTURY" IN RENSSELAER COUNTY IN THE STATE OF NEW YORK ....

THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO PUTS FORTH A "COUPLE OF SHORT QUESTIONS" TO THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER ....

WHO HAS BEEN LOCKED OUT OF HIS OFFICE IN THE RENSSELAER COUNTY OFFICE BUILDING SINCE OCTOBER 12, 1988 BY DECREE OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO .....

HEARING OFFICER: Hypothetically, since we've used a few hypotheticals here, IF I WERE TO FIND THAT THE COUNTY HAS NOT SUSTAINED ITS BURDEN AND THAT ITS RECOMMENDATION OR ITS DISMISSAL IS INAPPROPRIATE, would you based upon the County's ascertation that Mr. Van Praag is your immediate supervisor follow his LAWFUL COMMANDS, HIS REQUESTS, HIS .......

REPUBLICAN RENSSEALER COUNTY DEPUTY ATTORNEY GORDON MAYO: DIRECTIONS!

HEARING OFFICER: Thank you!

ENGINEER (PLAINTIFF): Only those, Mr. Hearing Officer, which would be truly lawful!

Lawful meaning laws that apply to all of us!

Mr. Van Praag is not an engineer.

Mr. Van Praag cannot review the work of an engineer.

AND ....

IF Mr. Van Praag will persist in believing that he has got some right to interfere in the lawful duties of an engineer, then what I would do is make charges and specifications against Mr. Van Praag, WHICH I HAD STARTED TO DO, and I would present those charges and specifications for review FIRST TO THE STATE HEALTH DEPARTMENT ....

Then I would present those charges and specifications to the EDUCATION DEPARTMENT ....

And ask that they conduct a HEARING into Mr. Van Praag's dealing as regards practicing engineering without a license ....

HEARING OFFICER: And would you be the person who would determine whether or not they were lawful?

PLAINTIFF: NO.

NO.

NO, Mr. Hearing Officer .....

I have stated that I am not a JUDGE ....

Or JURY ....

However ....

I HAVE GOT RIGHTS ....

RESPONSIBILITIES .....

I would present to an appropriate authority .....

HEARING OFFICER: AGAIN ....

LET ME STOP YOU ....

APPROPRIATE AUTHORITY WOULD BE WHO?

PLAINTIFF: To include the County Executive, to include the District Attorney, to include the State Health Department, to include the Education Department ...

And it is conceivable that each of one of those august bodies or individuals in the case of the executive say there is no finding here.

It's possible that the Education Department would come back and say that the man has been doing engineering without a license, and the District Attorney would say that's not a violation of law, and the COUNTY ATTORNEY would say it's not a violation of the Charter ....

AND ....

The County Executive could say it's also a violation of work rules .....

You have many combinations and permutations, Mr. Hearing Officer .....

And Phil Lance already knew, when he asked that question of the PLAINTIFF herein back in 1989 what the answer would be ......

The PLAINTIFF was on his way to a GRAND JURY with a box full of evidence of alleged wilful misconduct in office of a number of public officers in Rensselaer County pursuant to section 6 of Article I of the New York State Constitution ....

And he was not going to be deterred .....

And so .....

He had to be destroyed, instead .....

For matters had gone too far .....

Buono was right there on videotape .....

The words "EIGHTY THOUSAND BIG ONES" came from him .....

On television .....

On the Six O'clock News .....

And so .....

To bury that story ...

It was necessary to bury the PLAINTIFF .....

And so ....

It was done ....

Just like that ....

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING, DESPITE THE BEST EFFORTS OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO TO HAVE IT BE OTHERWISE, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSEALER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: And I would like to state ....

I do not consider myself either a judge ....

Or a jury ...

I consider myself to be an investigator ....

That was part of my job duties with the Rensselaer County Health Department ....

So, the document was addressed to Mr. Buono ....

It was from myself ....

There were to be no carbon copies to any individuals within the structure of county government ...

There was to be a second ....

There would have been another cover memorandum ....

Which would have included this as an attachment ...

And that package ....

Would have gone ...

To David Axelrod, Commissioner of Health for the State of New York ..

For his disposition ....

Again ....

That was at the direction of counsel ....

And Mr. Buono was to be notified ....

In the unwritten portion of this document ...

That in fact ...

I was requesting ...

A full program review, at the minimum, by the New York State Department of Health ....

And I was going to ...

Further ....

In one paragraph, I discussed an internal investigation ...

The body of this document would have been the specifics of that investigation ....

As an addendum ....

That is all of what is missing ....

So, again ....

I want to be very clear ....

That this is only a partial document ...

And this was never intended to be more than a draft ....

IT WAS UNFINISHED AT THE TIME I WAS LOCKED OUT OF MY OFFICE ....

And I wanted the document to indicate ...

That it was something ....

That never was finished ....

[Livyjr]

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING, DESPITE THE BEST EFFORTS OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO TO HAVE IT BE OTHERWISE, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSEALER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER (PLAINTIFF): So, again ....

I want to be very clear ....

That this is only a partial document ...

And this was never intended to be more than a draft ....

IT WAS UNFINISHED AT THE TIME I WAS LOCKED OUT OF MY OFFICE ....

And I wanted the document to indicate ...

That it was something ....

That never was finished ....

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

Shortly thereafter, PLAINTIFF was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that PLAINTIFF was suffering from stress related to his service in Viet Nam.

PLAINTIFF was replaced, in the Health Department, by one Claude Rounds who, according to PLAINTIFF, immediately certified many of the projects which PLAINTIFF had refused to certify because in PLAINTIFF's view they were uncertifiable.

PLAINTIFF stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (PLAINTIFF) had "upset some of the most powerful men in Rensselaer County" and that Van Praag could no longer "protect" PLAINTIFF.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

On October 6, 1988, "an Ad Hoc Engineering Committee" held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to PLAINTIFF, of a "deal" between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer's Organization.

MINUTES of a CONFERENCE between the RENSSELAER COUNTY DEVELOPMENT COUNCIL and the NEW YORK STATE DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL PROTECTION, held at the offices of the Department, 2 University Place, Albany, New York, on Tuesday, March 1, 1988, commencing at 1 PM and stenographically reported by Mary Lomonoco, Shorthand Reporter and Notary Public in and for the State of New York.

In attendance at this meeting are as follows:

Dr. Leo Hetling, Director, and James "Mr. Jimmy D." Decker of the Division of Environmental Protection of the New York State Department of Health; Steven Anderson and Fred Nero of Mountain Meadow Properties; Rod Michael of the Eastern New York Society of Land Surveyors; Kevin Brady of the Rensselaer County Regional Chamber of Commerce; Douglas Clark of Clark Engineering; George Duggan of Best Building; Richard Melius of the Rensselaer County Development Council, and Victor Gush and Jack Leonard, land developers.

MR. ANDERSON: Essentially, as my memo stated, we're just after information.

We feel we've got a situation in Rensselaer County.

We're not operating totally in the dark, but we really don't know where things are headed and which direction we should go in.

So we decided to start at the logical place, with the State and County people, and then meet with local Town officials, BECAUSE WE THINK THAT THE DEVELOPMENT PROCESS IS IN A STATE OF CHAOS IN RENSSELAER COUNTY RIGHT NOW.

MR. ANDERSON: Let me introduce ....

The new arrivals .....

Victor Gush .....

Developer ....

And ...

Jack Leonard ....

Who was with ...

The Department of Environmental Conservation ....

This post has been edited by Livyjr: Mar 22 2006, 08:09 AM

[Livyjr]

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

On October 6, 1988, "an Ad Hoc Engineering Committee" held a closed door meeting in the Rensselaer County Office Building which started at approximately 4:00 p.m. and which was the result, according to PLAINTIFF, of a "deal" between [DELETED BY F.B.I. CENSORS] and the Rensselaer County Developer's Organization.

According to PLAINTIFF, he was instructed as to how business was done in Rensselaer County in 1983 and was further instructed to abide by agreements made in 1983 wherein, PLAINTIFF understood, Health Department officials certified projects in return for contributions to various politicians.

******

Shortly thereafter, PLAINTIFF was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that PLAINTIFF was suffering from stress related to his service in Viet Nam.

PLAINTIFF was replaced, in the Health Department, by one Claude Rounds who, according to PLAINTIFF, immediately certified many of the projects which PLAINTIFF had refused to certify because in PLAINTIFF's view they were uncertifiable.

PLAINTIFF stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (PLAINTIFF) had "upset some of the most powerful men in Rensselaer County" and that Van Praag could no longer "protect" PLAINTIFF.

PLAINTIFF noted that he advised the Ad Hoc Engineering Committee on the evening of October 6, 1988, he intended to go to the New York State Health Department concerning this meeting which he considered to be an outrageous violation of ethical and professional standards.

Subsequently, the county held formal hearings, the purpose of which was to remove PLAINTIFF from office for insubordination and other charges.

A Special Agent of the FBI at Albany attended some of these hearings.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

IT WAS UNFINISHED AT THE TIME I WAS LOCKED OUT OF MY OFFICE ....

And I wanted the document to indicate ...

That it was something ....

That never was finished ....

MARCH 15, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY REPUBLICAN DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO, ESQUIRE, BEFORE THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO AS TO WHY THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER HAD BEEN LOCKED OUT OF THE RENSSELAER COUNTY OFFICE BUILDING ON OCTOBER 12, 1988 .....

MAYO: Are you currently ....

Or ...

Have you in the past ....

Been involved in massive land fraud schemes ....

Or illegal activity ...

While serving in your present position?

VAN PRAAG: Not to my knowledge .....

MAYO: Prior to PLAINTIFF's hiring ....

Have any such allegations ....

Ever been made against you ...

Or ...

Your department?

VAN PRAAG: NO ....

They have not ....

MAYO: What has been the effect of PLAINTIFF's charges ....

Upon the operation ...

Of your department?

VAN PRAAG: The effects ....

Have been very ...

Disturbing ....

It's been disturbing to the staff ....

Who are a group of professional people ....

In various capacities ....

With great integrity ....

Doing the busibness .....

Job ....

They are seeking ....

To see to it ....

The code requirements are met ...

And maintained ...

There is a lot of consternation between ....

Among the staff .....

PLAINTIFF has intimidated them in many ways with this case ....

And ...

It's been disruptive ....

It's been very time consuming ....

For a lot of people ....

MAYO: WHAT FINALLY CAUSED YOU TO INSTIGATE THIS DISCIPLINARY PROCEEDING AGAINST PLAINTIFF?

VAN PRAAG: Well .....

I had been supportive of PLAINTIFF .....

Before many people ...

Many times ....

And it was the October 6 meeting of the Ad Hoc Committee of Engineers ....

That triggered my going to the County Executive .....

And saying that I could not ....

Support him any more ....

In his position .....

MAYO: DO YOU THINK IT WOULD BE POSSIBLE TO WORK WITH PLAINTIFF, IF IN FACT, HE CAME BACK TO WORK FOR THE RENSSELAER COUNTY HEALTH DEPARTMENT?

VAN PRAAG: I DO NOT ...

This post has been edited by Livyjr: Mar 22 2006, 05:46 PM

[Livyjr]

MARCH 15, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY REPUBLICAN DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO, ESQUIRE, BEFORE THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO AS TO WHY THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER HAD BEEN LOCKED OUT OF THE RENSSELAER COUNTY OFFICE BUILDING ON OCTOBER 12, 1988 .....

MAYO: Are you currently, or have you in the past been involved in massive land fraud schemes or illegal activity while serving in your present position?

VAN PRAAG: Not to my knowledge .....

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

Shortly thereafter, PLAINTIFF was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that PLAINTIFF was suffering from stress related to his service in Viet Nam.

PLAINTIFF stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (PLAINTIFF) had "upset some of the most powerful men in Rensselaer County" and that Van Praag could no longer "protect" PLAINTIFF.

Subsequently, the county held formal hearings, the purpose of which was to remove PLAINTIFF from office for insubordination and other charges.

A Special Agent of the FBI at Albany attended some of these hearings.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

During the time that these hearings were proceeding, the New York State Department of Health produced a report which was predicated on a request by [DELETED BY FBI CENSORS] to investigate allegations of "misfeasance and malfeasance made by PLAINTIFF against the Rensselaer County Department of Health."

This REPORT, dated March 15, 1989, advised that, "the investigation found significant deficiencies in the Rensselaer County residential subdivision program and individual sewage program."

The investigators concluded that the great number of sewage system failures in the county was a result of a county program which was inadequate to assure protection of public health and the environment."

The report further stated, "that investigators found poor documentation of field inspections, a lack of written procedures, questionable plan review practices and failure to follow the county sanitary code and guidance adopted by the Board of Health."

"We conclude that there has been inadequate oversight by the county Board of Health, inadequate supervision by the county Director of Public Health, insufficient support by the County Executive Office (the position of Environmental Health Director was vacant for four years) and FAILURES OF PREVIOUS ENVIRONMENTAL HEALTH DIRECTORS TO ENFORCE AND FOLLOW THE COUNTY SANITARY CODE DURING THE TIME PERIOD STUDIED."

******

Under the "FINDINGS" section of this report, the report stated "whenever documentation could be founmd, PLAINTIFF was found to be accurate in his statements of inappropriate code reviews."

- EXCERPT from page 203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

This post has been edited by Livyjr: Mar 23 2006, 07:20 AM

[Livyjr]

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

Shortly thereafter, PLAINTIFF was placed on thirty days sick leave and the Rensselaer County Executive went on local television announcing that PLAINTIFF was suffering from stress related to his service in Viet Nam.

PLAINTIFF was replaced, in the Health Department, by one Claude Rounds who, according to PLAINTIFF, immediately certified many of the projects which PLAINTIFF had refused to certify because in PLAINTIFF's view they were uncertifiable.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

During the time that these hearings were proceeding, the New York State Department of Health produced a report which was predicated on a request by [DELETED BY FBI CENSORS] to investigate allegations of "misfeasance and malfeasance made by PLAINTIFF against the Rensselaer County Department of Health."

This REPORT, dated March 15, 1989, advised that, "the investigation found significant deficiencies in the Rensselaer County residential subdivision program and individual sewage program."

"We conclude that there has been inadequate oversight by the county Board of Health, inadequate supervision by the county Director of Public Health, insufficient support by the County Executive Office (the position of Environmental Health Director was vacant for four years) and FAILURES OF PREVIOUS ENVIRONMENTAL HEALTH DIRECTORS TO ENFORCE AND FOLLOW THE COUNTY SANITARY CODE DURING THE TIME PERIOD STUDIED."

******

Under the "FINDINGS" section of this report, the report stated "whenever documentation could be found, PLAINTIFF was found to be accurate in his statements of inappropriate code reviews."

- EXCERPT from page 203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

MARCH 15, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY REPUBLICAN DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO, ESQUIRE, BEFORE THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO AS TO WHY THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER HAD BEEN LOCKED OUT OF THE RENSSELAER COUNTY OFFICE BUILDING ON OCTOBER 12, 1988 .....

MAYO: How many professional engineers have served under you ...

During your tenure ...

As Public Health Director?

VAN PRAAG: Including PLAINTIFF, four .....

MAYO: Prior to PLAINTIFF's tenure ....

Have you ever had ....

Any problems .....

With any of these engineers .....

Professionally?

VAN PRAAG: None whatsoever ...

MAYO: Have any of your engineers ......

Ever been indicted ...

For job related indiscretions?

VAN PRAAG: Not to my knowledge ....

MAYO: Have there ever been ....

Any investigations of your agency ....

By law enforcement officials ....

Regarding fraud or corruption ....

Witihin your department?

VAN PRAAG: Not to my knowledge .....

MAYO: Are the engineers who worked under you ...

Prior to PLAINTIFF ....

Still practicing professional engineering?

VAN PRAAG: Yes, they are ....

MAYO: And I wonder if you might ...

If you can recall .....

If you might name them ....

And state their position ...

In which they now work?

VAN PRAAG: When I first came with the Health Department .....

Claude Rounds was the Associate Public Health Engineer ...

When he left here, he ....

I'm not sure what his exact title was ....

He became the plant operator for Hudson Valley Community College ...

And is currently the plant operator ....

Chief plant operator ....

Operating engineer, I guess ....

For Albany Medical Center Hospital .....

Following him was Tom Brewer ...

Who is currently the Chief Executive Officer ....

Of the Hudson River/Black River Regulating Committee ....

And also has his own engineering firm ....

Following him was Rick Hogan ....

Who came to us ...

From the State of New York ...

And returned to the State of New York ....

I'm not quite sure what he's doing ...

But I'm sure he's up in the Amsterdam area ....

Or was the last I knew ...

[Livyjr]

In a just-released March 31, 2005 Decision of Federal Court for the Northern District of New York, with grave consequences to the common citizen in the Northern District of New York who must have the certification of an expert witness in order to file certain Petitions for Redress of Grievance in the Courts of the State of New York, where negligence or malfeasance by the state or one of its political subdivisions is alleged, a recently-appointed Federal District Court Judge has refused to grant injunctive relief to the Plaintiff therein, a New York State licensed professional engineer and certified associate public health engineer, that would have given him protection of law in the State of New York while giving testimony in court ON BEHALF OF the citizens of the State of New York, against the State of New York, or one of its political subdivisions.

The issue before the Court in that matter, Case No. 1:03-CV-753, Matter of PLAINTIFF, P.E. v. Rensselaer County Executive Kathleen Jimino et al., requiring injunctive relief from the Federal District Court is a retaliatory practice in the Northern District of New York employed against an expert witness against the State of New York, BY THE STATE, where it simply removes the expert witness, as a witness against itself, by the expedient of having one of its doctors issue a signed declaration, SIGHT UNSEEN, that the witness in fact is an alleged dangerous mental patient who requires immediate incarceration in a secure mental health facility in the State of New York!

That order, known as a "9.45", then goes to the New York State Police, who capture the person, the intended victim, as it were, and take him to a designated secure mental health facility, for incarceration!

The "PSYCHIATRIC TAKEDOWN", it is called, and it is illegal, in that a doctor in the State of New York, BY FEDERAL and STATE LAW, both, cannot issue one of these orders IF he has never even seen the person, let alone examined him or her in person, as happened in this just-dismissed case involving this expert witness on behalf of the people of the State of New York, where the state's doctor issued a fraudulent "9.45" order for this expert witness, SIGHT UNSEEN, just days before this expert witness was going to file an affidavit on behalf of the citizens of Rensselaer County documenting continuing corruption in the Rensselaer County Department of Health having an adverse impact on the public health, safety, and well-being in the Town of Poestenkill, County of Rensselaer, State of New York!

In this case at bar, which was dismissed Sua Sponte by Bush-appointee Hon. Gary L. Sharpe on March 31, 2005, an illegal "9.45" order was issued against the Plaintiff on August 22, 2001, to intimidate and deter the Plaintiff from giving further evidence of corruption in the Rensselaer County Department of Health in a court of law!

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

During the time that these hearings were proceeding, the New York State Department of Health produced a report which was predicated on a request by [DELETED BY FBI CENSORS] to investigate allegations of "misfeasance and malfeasance made by PLAINTIFF against the Rensselaer County Department of Health."

This REPORT, dated March 15, 1989, advised that, "the investigation found significant deficiencies in the Rensselaer County residential subdivision program and individual sewage program."

Under the "FINDINGS" section of this report, the report stated "whenever documentation could be found, PLAINTIFF was found to be accurate in his statements of inappropriate code reviews."

- EXCERPT from page 203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

Public corruption .....

Supposedly .....

At both the state and federal levels .....

Public corruption is a crime ....

Supposedly ....

I mean ....

Well, there are words in a book someplace that say that .....

Books called "law books" .....

Which are really nothing but books full of totally empty words ...

When the courts in OUR America make it be so ...

By throwing out the very "protections" those words called "law" are supposed to provide to US, the citizens of OUR America .....

Along with the "protections" OUR federal and state Constitutions are supposed to afford to US, the citizens of these states ...

And of this nation of OURS .....

Except ...

It really is not, is it?

It is not OUR nation at all ...

Or any longer ...

When a citizen in this nation, anywhere in this nation, can be set OUTSIDE the protection of law ...

By a federal judge ...

For the "crime" in OUR America ....

Of having integrity ....

And the ability to not only investigate and document continuing public corruption in the State of New York ....

But to "package" up the evidence of that public corruption ...

For presentation ...

To a jury of his peers .....

[Livyjr]

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

During the time that these hearings were proceeding, the New York State Department of Health produced a report which was predicated on a request by [DELETED BY FBI CENSORS] to investigate allegations of "misfeasance and malfeasance made by PLAINTIFF against the Rensselaer County Department of Health."

This REPORT, dated March 15, 1989, advised that, "the investigation found significant deficiencies in the Rensselaer County residential subdivision program and individual sewage program."

"We conclude that there has been inadequate oversight by the county Board of Health, inadequate supervision by the county Director of Public Health, insufficient support by the County Executive Office (the position of Environmental Health Director was vacant for four years) and FAILURES OF PREVIOUS ENVIRONMENTAL HEALTH DIRECTORS TO ENFORCE AND FOLLOW THE COUNTY SANITARY CODE DURING THE TIME PERIOD STUDIED."

******

Under the "FINDINGS" section of this report, the report stated "whenever documentation could be found, PLAINTIFF was found to be accurate in his statements of inappropriate code reviews."

- EXCERPT from page 203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

The Report further found that, "developers may have evaded the realty subdivision regulations".

This report then went on to list numerous specific instances of violations in realty subdivisions throughout Rensselaer County.

THIS REPORT DID NOT ADDRESS SPECIFIC REASONS FOR THESE VIOLATIONS OR WHAT COULD HAVE CAUSED THESE VIOLATIONS AS THE INVESTIGATION CENTERED NARROWLY ON WHETHER OR NOT RENSSELAER COUNTY COMPLIED WITH STATE AND COUNTY HEALTH REGULATIONS FOR REALTY SUBDIVISIONS.

- EXCERPT from page 204 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005