THE "PORK" IN NEW YORK, Thoughts of an older American on Constitutional Government in the USA Options

[Livyjr]

"Cuomo is right about keeping Troopergate debate going"

By FRED LeBRUN, Albany, New York Times Union

First published: Friday, August 31, 2007

Not surprisingly, Attorney General Andrew Cuomo is one prominent state Democrat who wants the hoopla over Troopergate to continue, not calm down as others in his party would prefer.

"This is an important conversation to have, and to continue to have ..."

"It's all about the dysfunction of Albany that you guys have been writing about for years."

"It's about public integrity ..."

"Now, that doesn't mean you can't walk and chew gum at the same time and do other things ...," he said during a visit to the Times Union editorial board Thursday that was dominated by one topic.

After all, it was the attorney general's unexpected and incendiary report on misconduct by Gov. Eliot Spitzer's staffers primarily and the inappropriate use of state aircraft by Senate Majority Leader Joe Bruno secondarily that got us in the pickle jar we're in.

Namely, an administration spinning its wheels, trying to get traction again.

Fending off a blizzard of investigators and critics ranging from silly to serious.

That report did more by far to humble the Spitzer administration than anything the Republicans have been able to muster, either on the campaign trail or since Spitzer's been governor.

"It's been an unpleasant situation for all concerned," Cuomo acknowledged.

"But I said we would be focusing on public integrity when I was campaigning ..."

"We're going to stay on that."

Cuomo was asked but didn't really talk about what the governor had to say to him about the politically devastating report.

That conversation must have had a brick in it.

Presumably they were not kind words of sympathy and understanding that Andrew was just doing his job.

"From the governor's point of view what matters the most is that he accepted the report ..."

"That is the tell-tale moment." Cuomo said.

The governor, he noted, could have questioned its conclusions and methods, could have demanded a more thorough investigation, or somehow deflected or pooh-poohed it.

But he didn't.

He accepted it whole cloth and so did his inspector general.

"Then the governor made personnel decisions" based on accepting the report.

"I didn't do that, he did."

"But Spitzer accepting this report affirms its validity."

If that seems a little defensive despite Cuomo's solid logic, high road standards and total defense of the investigators who created the report, well that's the way it struck me as well.

But it was also understandable, given the report's destabilizing effect and the rare skewering of a governor's staff, and by extension the governor himself, by a statewide elected official of the same party.

Eyebrows have been inevitably raised.

Cuomo's methods and motives have been questioned and continue to be.

Editorial pages are getting around to attacking the initial investigation, and wondering if Troopergate hasn't been completely blown out of proportion, in large measure by the political standing of its source.

It also struck me that Andrew Cuomo is back on the offensive around the same time investigations by the state Ethics Commission and the Albany County district attorney are logically about to go public.

This was a chance for Cuomo to pre-empt any criticism of him that might emerge from either of those investigations.

So what should we think about Attorney General Andrew Cuomo in terms of Troopergate?

Did his office perform a great and admirable service to the people of the state, rising above partisan politics?

Or is he playing another game that we can't quite figure out but suspect has something to do with seeking higher office?

Part of us will always reserve judgment, not just because it's Andrew Cuomo who in the past has invited such reservations, but because it's human nature.

We'll wait for the rest of the hand to be played.

But on its face, there is no reason to doubt that Andrew Cuomo has indeed performed a worthy service, and done the office proud, without fear or favor.

Cuomo's right.

It's about public integrity, no matter what else, and deserves to stay in the limelight.

It's about looking painfully hard at conduct and the need to change processes, from permitting use of state aircraft by senior elected officials, to the role of the State Police in a political world, from who should have subpoena powers to establishing who truly is the watch dog.

It's the height of irony that we're having this soul search during the fledgling year of an administration that rode into town on the white horse of changing a corrupt system.

But the AG's office doesn't do irony, only prosecutorial investigations, and that's fine.

We'll handle the irony.

LeBrun can be reached at 454-5453 or by e-mail at flebrun@timesunion.com.

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Comment by platypusrex: John Galt, with regard to Andy’s finding of misconduct by Dopp, Howard, and Felton that warrants discipline, does Mr. Cuomo have authority to impose discipline?

Being a non-criminal matter, I would think that authority is Spitzer’s.

Whether or not you believe the punishment fits the crime, Spitzer did impose discipline on these 3.

JOHN GALT RESPONDS: platypusrex, obviously, I am not expressing myself well here, because you are totally missing the point which I am trying to make ....

The issue is not discipline by Spitzer ....

The fact that Spitzer did discipline Dopp and Howard, but not Felton is presently a non-issue here ....

THE ISSUE IS: with the finding of misconduct by young Andy Cuomo, REGARDLESS OF WHAT SPITZER DID OR DID NOT DO WITH REGARD TO ACTUAL DISCIPLINE, this is now a matter for a citizen GRAND JURY pursuant to OUR NYS BILL OF RIGHTS and ARTICLE 190 of the New York State Criminal Procedure Law, if either of them is ever to have meaning again here in NYS ....

Section 190.05 of the NYSCPL, entitled "Grand jury; definition and general functions", provides, as stated above, that:

A grand jury is a body consisting of not less than sixteen nor more than twenty-three persons, impaneled by a superior court and constituting a part of such court, the functions of which are to hear and examine evidence concerning offenses and concerning misconduct, nonfeasance and neglect in public office, whether criminal or otherwise, and to take action with respect to such evidence as provided in section 190.60.

end quotes

There, platypusrex, is OUR only hope as citizens for a truly independent investigation of this SPITZER-GATE FIASCO now ..

Not with the Senate, and not with young Andy cuomo, and not with David Soares and not with the Ethics Commission ....

But with a GRAND JURY made up of citizens just like us in here ....

The FUNCTION of a citizen GRAND JURY in NYS, platypusrex, is to hear and examine evidence concerning misconduct, nonfeasance and neglect in public office, whether criminal or otherwise, and to take action with respect to such evidence as provided in section 190.60.

That is what I am for in here, that in this matter, now that young Andy Cuomo has confirmed misconduct, is that a citizen GRAND JURY in NYS now hear and examine evidence concerning misconduct, nonfeasance and neglect in public office by the SPITZER-ITES, whether criminal or otherwise, and that it take action with respect to such evidence as provided in section 190.60 ....

Sectiion 190.60, entitled "Grand jury; action to be taken", provides in relevant part as follows:

After hearing and examining evidence as prescribed in section 190.55, a grand jury may:

1. Indict a person for an offense, as provided in section 190.65;

2. Direct the district attorney to file a prosecutor`s information with a local criminal court, as provided in section 190.70;

3. Direct the district attorney to file a request for removal to the family court, as provided in section 190.71 of this article.

4. Dismiss the charge before it, as provided in section 190.75;

5. Submit a grand jury report, as provided in section 190.85.

end quotes

And what we are interested in, platypusrex, is the GRAND JURY REPORT, itself pursuant to NYSCPL 190.85, to wit:

S 190.85 Grand jury; grand jury reports.

1. The grand jury may submit to the court by which it was impaneled, a report:

(a) Concerning misconduct, non-feasance or neglect in public office by a public servant as the basis for a recommendation of removal or disciplinary action; or

(b) Stating that after investigation of a public servant it finds no misconduct, non-feasance or neglect in office by him provided that such public servant has requested the submission of such report; or

© Proposing recommendations for legislative, executive or administrative action in the public interest based upon stated findings.

end quotes

Clearly, platypusrex, in this case where young Andy Cuomo has found misconduct on the part of Dopp, Howard and Felton, with possible involvement in the misconduct by Baum and Spitzer, the issue of discipline seems to belong with the citizen GRAND JURY, independent of what Eliot Spitzer himself might want ....

Since a citizen GRAND JURY, based upon an examination of the evidence, could recommend removing Eliot Spitzer himself from office for non-feasance and neglect in office ...

And the ability of the citizen GRAND JURY to propose recommendations for legislative, executive or administrative action in the public interest based upon stated findings takes us a lot further down the road to true GOVERNMENT REFORM here in NYS than Eliot "STEAMROLLER" Spitzer ever will ...

And so ....

I trust this makes my position in this matter more clear ....

And so ...

Posted by: John Galt | August 31, 2007 7:14 PM

http://www.nydailynews.com/blogs/dailypoli...nd_ends_80.html

[Livyjr]

"Fire chiefs' judgment questioned - Mayor Bloomberg says department officials were aware of Deutsche building hazards and did nothing"

By SARA KUGLER, Associated Press

First published: Saturday, September 1, 2007

NEW YORK -- No one has pinpointed exactly why fire inspectors failed for months to check the condemned ground zero skyscraper where firefighters encountered a maze of hazards and potential deathtraps when responding to a blaze two weeks ago.

But there is perhaps a greater mystery: Months before the Aug. 18 fire that killed two firefighters, numerous senior fire chiefs spent weeks at the demolition site and apparently never reported those conditions.

The battalion chiefs were at the building to search for remains of Sept. 11 victims.

Now, those who played a role in the remains search are being questioned by investigators.

Mayor Michael Bloomberg warned this week that the chiefs' judgment must be questioned.

"It's troublesome that there were a lot of senior fire officials that had come through that building when we were searching for remains," Bloomberg said.

"They saw the kind of conditions that were in that building, and as far as I can tell so far, none of them brought it to anybody's attention."

A series of dangers existed in the former Deutsche Bank building before the blaze.

They include barricades in the stairwells, combustible debris strewn about, signs that workers routinely ignored the site's no-smoking rule and a tangle of polyurethane sheeting and other materials used to seal against asbestos and lead leakage.

Also, the standpipe that is used to deliver water was dismantled.

The tower just steps from the World Trade Center site has been uninhabitable since it was pelted with flaming, toxic debris during the 2001 terror attack.

Once 41 stories, it was being dismantled floor by floor.

Fire inspectors were required to check the building every 15 days and never did, investigators found.

But meanwhile, numerous battalion chiefs were there nearly every day last spring as part of the city's search for remains of Sept. 11 victims, Bloomberg said.

The Fire Department declined to identify those officials.

Spokesman Frank Gribbon said the matter was under investigation.

Fire marshals have begun interviewing officials who played a role in the remains search at the Deutsche Bank, according to a person with direct knowledge of the remains operation.

Bloomberg has warned of possible disciplinary action "up and down the chain of command."

Three other fire officials said to be responsible for the department's lack of a fire plan for the tower and its failure to inspect the building have already been relieved of their commands and reassigned to headquarters.

[Livyjr]

"Racing franchise bidders lobby with millions - Process draws criticism as four groups have spent $2.3M so far in political donations and lobbying"

By JAMES M. ODATO, Capitol bureau, Albany, New York Times Union

First published: Friday, August 31, 2007

ALBANY -- Four bidders have spent more than $2.3 million on political donations and lobbying and appear likely to far exceed that figure in attempts to influence Gov. Eliot Spitzer and lawmakers weighing who will get the franchise to run Saratoga, Aqueduct and Belmont tracks for the next two decades.

Based on data from a Times Union review of campaign records and calculations made by the New York Public Interest Research Group, the racing franchise competition has already driven more than $2.3 million in lobbying and campaign donations since January 2006.

The figure is based on state reports through July.

The number is growing, based on attendance of all the bidders at recent fundraisers and checks written this summer.

Even more is expected to be spent in the second half of 2007 when the Legislature is expected to take up the issue.

Russ Haven, legislative counsel for the New York Public Interest Research Group, said that when the winning bidder is announced, New Yorkers may be left suspicious of how the franchise was awarded.

"The substantial amount of money spent so far will leave the public wondering whether the final decision is based on the integrity business plan and competence of the winning bidder and what is best for the racing industry and economic development of the state, or if it's the lobbyists' political donations that are carrying the winner across the finish line," he said.

Gov. Eliot Spitzer's campaign was the biggest recipient.

From 2003-2007, his war chest received $632,779 from representatives of Empire Racing Associates, Excelsior Racing Associates, Capital Play LLC and the New York Racing Association, according to NYPIRG's study.

Attorney General Andrew Cuomo, who doesn't have a direct role in the franchise decision, received $297,283.

Campaigns for members of the Assembly and Senate collected $221,400.

Haven said he expects a big shift in the money flow from the governor to the Legislature after Spitzer makes his decision on who should be granted the racing franchise.

That could come as soon as Tuesday.

The governor has been mulling breaking the franchise up, allowing NYRA to continue operating racing.

Another bidder -- Spitzer's aides have mentioned Excelsior to racing insiders -- would get the operation of any video lottery terminal casinos built at the tracks.

The governor said Thursday he has not yet received a recommendation from his committee reviewing bids and integrity reports on the bidders.

Each bidder has spent well over $1 million to comply with the bid requirements.

The campaign donations and lobbying costs are above and beyond those expenses.

Spitzer said the fact that he has received large sums from some of the bidders, particularly members of Excelsior, doesn't mean he needs to deal with the appearance of a conflict of interest.

"We've been meticulous and transparent," he said.

Barbara Bartoletti, legislative director for the League of Women Voters, said the bidding war has proven to be another example of the Albany's "pay to play" culture.

Bartoletti, Haven and Christina Bottego, program director of Common Cause, said in a news conference the bidders' spending underscores the need for campaign finance reform.

They said the large sums contributed by limited liability corporations, which allow corporations to exceed the $5,000 limit on campaign donations, is problematic.

For instance, Excelsior's Richard Fields, a major contributor to Spitzer, contributed more than $209,000 "under the guise of five LLCs and six different addresses," NYPIRG reported in a study on campaign and lobbying expenses.

Assembly Speaker Sheldon Silver, D-Manhattan, downplayed the influence of the giving.

He said he isn't even aware who has shown up at his fundraisers.

Several lobbyists said all the bidders paid to attend campaign parties hosted by Silver and Senate Majority Leader Joseph L. Bruno.

"I assume they all show up," Silver said.

"It doesn't make one bit" of difference.

He said NYRA, which has operated the tracks since 1955, needs to be dealt with because it insists it owns the tracks and would sue to prove it.

He said "one way to deal with the issue" may be to give NYRA part of the franchise.

NYRA's franchise rights expire at the end of the year.

Silver said he hopes the Legislature will return to Albany this year to deal with the franchise issue and other unfinished measures, but noted the franchise decision is complicated.

"I'm not confident it will be settled; it may be settled temporarily; it may not be settled," he said.

"I'm not sure we can get a meeting of the minds."

The Senate Committee on Racing, Gaming and Wagering announced it will meet Sept. 12 to discuss the issue.

Committee Chairman William Larkin said he assumes Spitzer's plan will be evident by then, but that the GOP-led Senate wants the franchise to go to the bidder with "the most far-sighted business plan" and one with impeccable integrity.

James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com.

[Livyjr]

THE NEW YORK TIMES

"Mr. Spitzer Looks Outward"

Published: September 2, 2007

After an impressive start, Gov. Eliot Spitzer hit the roughest patch of his career this summer.

His administration is under investigation for abusing the State Police in order to abuse his chief Republican opponent — specifically, by pressuring the police to make public the details of travel services they had provided Joseph Bruno, the Senate majority leader.

The governor has apologized and promised to open his administration to investigators.

But he has also made another move that is probably just as important if he wants to save his political skin: he has asked some eminent New Yorkers to help him as he seeks to transform himself from the state’s attorney general into its full-fledged governor.

This is a very smart move.

Whatever happens in “Troopergate,” it has already become clear that the governor was relying too heavily on a small coterie of loyalists.

These advisers mostly came with him from the attorney general’s office, and their basic posture — like his own — was geared toward investigating, not governing.

They are very smart, Mr. Spitzer’s aides, but they needed to hear from people who are also very wise.

Of those known to be in Mr. Spitzer’s new kitchen cabinet are Robert Rubin, a respected Wall Street financier who was Treasury secretary under President Clinton; Jerry Speyer, a top real estate developer and adviser to numerous New York leaders; and Abraham Lackman, an expert on legislative budgeting who is also close to Mr. Bruno.

Mr. Bruno has already expressed dismay that his friend is now consorting with the opposition and has made it clear that Mr. Lackman will suffer for it.

Such petulance can only make Mr. Bruno look like the heavy in this saga.

That is especially true since Mr. Lackman has said that an important part of his mission is to encourage Mr. Spitzer to help bring a “return to civility” in Albany.

Mr. Spitzer has also been spending more time with Mayor Michael Bloomberg, another good role model.

It is worth remembering that Mr. Bloomberg’s favorability index has not always been where it is today.

His transformation from just another billionaire businessman into an effective and generally popular mayor of New York should be a required part of the syllabus in government classes across the country.

Mr. Spitzer needs to hop aboard the same learning curve.

The governor’s plans for reform — especially campaign finance reform — need to stay on track.

His concern about the way state money is handed out to capital projects and Empire Zones must remain at the top of his agenda.

Higher education, health care, adjustment of financing for schools — how he does on his own list will ultimately be how he is judged in this job.

We could suggest other people whose voices are worth listening to, like Senator Charles Schumer, Gov. Jon Corzine of New Jersey, and even John Faso, his Republican opponent last year.

In the end, though, the governor will have to sort it out for himself.

His goal here is to become the governor he promised to be, not just another Albany politician.

http://www.nytimes.com/2007/09/02/opinion/...amp;oref=slogin

[Livyjr]

THE POUGHKEEPSIE JOURNAL

Sunday, September 2, 2007

"Some clarity in 'Troopergate'"

From loose standards to more clear, strict rules - that's the positive result of the state Ethics Commission's ruling on who's going to pay for what when public officials mix state business with political events.

The ethics panel recently upgraded the conditions that have to be met when politicians use state aircraft for those dual-nature business trips, a development that should leave no question about when taxpayers will foot the bill and when politicians have to pay out of their own pockets.

The wishy-washy nature of the old rules was a major contributing factor in the recent "Troopergate'' scandal involving the staff of Gov. Eliot Spitzer and their use of state police to spy on the governor's political foe, Senate Majority Leader Joseph Bruno, during his travels around the state on mixed business trips.

Under the new rules, trips by public officials using state aircraft have to be primarily for state business.

Any portion of the trip not for state business has to be paid for separately.

And the reimbursement has to be based on airplane charter costs, which are substantially higher than commercial costs.

Example: It costs more than $2,000 to fly round trip from Albany to New York City on a private charter.

Details of the trip must be provided by the state official, and those details will be available to the public under the Freedom of Information Law, unless such disclosure causes a security risk.

Lawmakers have work to do

The Ethics Commission left one matter untouched - whether any political business should be conducted on trips using state facilities.

The panel said that's up to the Legislature to decide, and lawmakers should take up this matter when they are back in session.

The Ethics Commission still has to investigate the actions of Spitzer's aides, whose ill-gotten information became the basis for a newspaper story attacking Bruno.

The governor has said he knew nothing of his aides' actions.

A report by Attorney General Andrew Cuomo says Spitzer's top political strategist was e-mailed by one of the governor's aides about publicizing the information compiled on Bruno.

Cuomo's investigation concluded that no laws were broken, but recommended changes in the rules governing use of state aircraft.

Now that the ethics panel has handled that end, members should be expedient about their own probe into the actions of Spitzer's aides to determine what the governor knew, if anything, about the matter beforehand.

Though there was no legal wrongdoing, as Cuomo concluded, the cloud hanging over Spitzer's administration must be cleared up and those at fault taken to task.

It's unfortunate public officials need standards spelled out on what seem like obvious conflicts of interest.

But, if that's the case, the state Ethics Commission has left little question about what is the right thing to do if public officials fit in some politicking when they're flying around on the public's tab.

Had the original rules been more concise, the situation may not have developed.

That said, Spitzer's staff was resoundingly wrong to use state law enforcers for the purpose of trying to trap Bruno into an embarrassing situation.

The new rules better serve the taxpayers' interest, and leave little wiggle room for interpretation.

http://www.poughkeepsiejournal.com/apps/pb...N01%2F709020301

[Livyjr]

"Troopergate called unethical but not criminal - Cuomo calls probe of scandal involving Spitzer aides adequate despite limitations"

By RICK KARLIN, Capitol bureau, Albany, New York Times Union

First published: Friday, August 31, 2007

COLONIE -- Troopergate has dominated much of the political discussion this summer in Albany, which Cuomo said is probably for the best, despite the slings and arrows that seem to be flying in all directions.

"The use of police is an issue that troubles people," Cuomo said.

"It's all about the Albany dysfunction," he said.

"This is a conversation that we should have had 15 years ago."

"Cuomo is right about keeping Troopergate debate going"

By FRED LeBRUN, Albany, New York Times Union

First published: Friday, August 31, 2007

Not surprisingly, Attorney General Andrew Cuomo is one prominent state Democrat who wants the hoopla over Troopergate to continue, not calm down as others in his party would prefer.

"This is an important conversation to have, and to continue to have ..."

"It's all about the dysfunction of Albany that you guys have been writing about for years."

"It's about public integrity ..."

THE UTICA OBSERVER-DISPATCH

"Editorial: Spitzer needs to send clearer message to us"

Sep 01, 2007 @ 08:42 PM

Observer-Dispatch

One key thing that should change in the wake of the scandal over using the state police to track a political rival of Gov. Eliot Spitzer is that a prominent player in the fiasco should be fired.

That’s what most leaders would do if they had an employee who deeply embarrassed their boss, let down constituents and cheapened the process by which governance is handled.

That’s not the case with Darren Dopp, the highly paid communications director for Spitzer who is said to have helped orchestrate a smear campaign against Senate Majority Leader Joseph Bruno.

Dopp was suspended July 23 for his role in orchestrating surveillance by state police of trips Bruno took on a state helicopter.

Dopp returned this week to resume being paid the $175,000 he gets as communications director to the governor.

A Spitzer spokesman said Dopp won’t actually work in the governor’s office, but instead will use vacation time accrued while on the job as he ponders what his next state job will be.

Dopp’s lawyer, Terence Kindlon, said Dopp is just shy of the 20 years needed to get a sizable pension.

He also says Dopp has never taken a vacation day in all that time.

Spitzer has spent the last few weeks issuing mea culpas for the smear campaign.

He had little choice given that he promised to run his office on a platform of change and ethical purity.

All of Spitzer’s apologies and promises to do better seem hollow when a person who helped subvert the state’s police force to political ends remains on the job.

If Spitzer really wants to send a message, he’d fire Dopp.

He’d also make sure Dopp wouldn’t be considered for another state job.

Instead, Spitzer sends a clear message: Big ethical breaches will result in embarrassment but little real punishment.

That’s not a particularly strong endorsement of Spitzer’s stated commitment to get his mandate for reform and good governance back on track.

http://www.uticaod.com/viewpoints/x2136190213

[Livyjr]

"Reports differ on state's economy - Fiscal Policy Institute says New York's productivity is best in U.S.; Business Council says state lagging"

By CHRIS CHURCHILL, Business writer, Albany, New York Times Union

First published: Saturday, September 1, 2007

One day after the release of a scathing report on the New York state economy, a second report unveiled Friday presents a much more positive picture.

The report by the Fiscal Policy Institute, a labor-backed think tank, said the state's economy is the most productive in the nation, and noted that New York in 2006 saw job and wage growth while the poverty rate declined.

Contrast that with Thursday's report from the Business Council of New York Inc., which gave the state a D for its rate of growth from 1995 to 2005 and said New York's economy has lagged behind states such as Arizona, California and New Hampshire, among many others.

The dueling reports suggest that the strength of an economy, like beauty, is in the eye of a beholder -- and that differing political perspectives can influence the view.

James Parrott, chief economist for the Fiscal Policy Institute, said the Business Council's report is flawed because it focuses on job, population and income growth, and it's unrealistic to expect a large and mature economy like New York's to grow at the pace seen by states in the Sunbelt.

Plus, he said, the Business Council report looks at historic trends.

"We would urge the Business Council to wake up and look at where the New York economy is now," Parrott said.

"Our economy is doing pretty well."

The Policy Institute is on the left side of the political aisle.

The group advocates for raises in the minimum wage and worries about what it sees as a growing income gap in New York between the rich and poor.

The Business Council, meanwhile, is more conservative.

The group talks about what it sees as New York's unreasonably high tax rates and says the state's businesses face costs that hinder economic growth.

"New York has the nation's highest tax burden," Matthew Maguire, spokesman for the council, said Friday.

"That's one of the costs that's driving people and jobs out of the state."

Maguire defended the council's study, noting that it examines time-tested and broadly accepted measures of growth.

"The states that do better than (New York) came in all shapes, sizes and regions," he said.

The Business Council study was particularly down on the performance of upstate New York.

But the Fiscal Policy Institute study noted that while western New York's economy has lagged that of the entire state during the past decade, the area's job growth in recent years almost matched that of eastern New York.

Also, most upstate metropolitan areas are rising in national rankings of per capita income growth.

Elmira, for example, ranked 315th in the nation for income growth from 1993 to 2003, but ranked 32nd in the category from 2004 to 2006.

Parrott said the institute has released its study annually since 1999, and suggested the Business Council's has timed the release of its much-younger study to undercut the Fiscal Policy Institute's influence -- a charge Maguire denied.

Still, Parrott said the groups have areas of agreement.

They both, for example, think health insurance costs are too high, he said, and both want state policy makers to focus more on improving New York's economic picture.

"We both share an interest," Parrott said, "in getting the state to adopt a strategic economic policy so we can move forward."

Even if they disagree on what such a policy should contain.

Chris Churchill can be reached at 454-5442 or by e-mail at cchurchill@timesunion.com.

[Livyjr]

"State not making grade - Business group says New York economy fared poorly in 10-year span"

By ERIC ANDERSON, Deputy business editor, Albany, new York Times Union

First published: Friday, August 31, 2007

ALBANY -- They are perhaps the most telling measures of how well an economy is doing.

And for New York, the picture isn't very bright.

The Business Council of New York State Inc. gave a failing grade to upstate New York's economic performance over the decade from 1995 to 2005 when it unveiled its economic growth index Thursday.

The grade was based on the growth in the following: jobs, average wage per job, total personal income, per-capita personal income and population.

Growth rates were compared with the national average, and states or counties that exceeded that figure in all categories were given an A+.

Those that lagged in all categories got an F.

As a whole, New York state got a D, thanks to the C earned by New York City.

"We wanted to see if we're keeping up with the nation," said Kenneth Adams, the Business Council's president and chief executive officer.

"We're ranked 28th in the nation on this study because of the devastatingly high costs of doing business in New York state."

The findings shouldn't come as a surprise, said Richard Deitz, regional economist for the Federal Reserve Bank's Buffalo branch.

"There's been a general movement of the population from the Northeast to the West and South," Deitz said.

"These are long-term trends related to structural changes" in the economy.

He said the indicators examined in the Business Council study were all standard measures of economic performance.

Still, the time frame chosen may have affected at least some of the results.

New York City's C was the result of its lagging the nation in job growth and growth in personal income and per capita personal income.

"New York City probably would have scored higher -- a B or an A -- if not for the economic consequences of 9/11," said Adams, referring to the terrorist attacks in 2001.

Adams blamed high taxes for the lack of growth here -- the state, he said, spends $10 billion a month, ranking it second highest in per-capita spending.

The high costs of energy, health care and insurance also are hurdles.

He credited Gov. Eliot Spitzer's reforms of workers' compensation coverage with saving businesses $1 billion so far, and said Spitzer "gets it" when it comes to the upstate economy.

Still, "we haven't made (the economy) enough of a focus," Adams said.

"We can't continue with business as usual."

States scoring an A+ were Arizona, California, Colorado, Delaware, Florida, New Hampshire, Texas, Virginia and Washington state.

Those getting failing grades were Arkansas, Hawaii, Illinois, Indiana, Louisiana, Michigan, Mississippi, Missouri, Ohio and West Virginia.

Locally, Saratoga County was the only county to receive an A, while Fulton, Columbia and Greene counties each received a C, Albany County earned a D, and Montgomery, Rensselaer, Schenectady, Schoharie, Warren and Washington counties all got an F.

"The counties that are doing well in part benefit from strong consumer markets, and a quality of life that draws people to the county," Adams said.

"Where there are concentrations of middle-class and upper-middle-class families, you are going to have more powerful markets."

Eric Anderson can be reached at 454-5323 or by e-mail at eanderson@timesunion.com.

[Livyjr]

THE NEW YORK POST

"JOE SET TO SIC PROBERS ON GOV"

September 3, 2007 -- SENATE Majority Leader Joseph Bruno, convinced current investigations of the dirty-tricks scandal will "cover up criminal conduct" by aides to Gov. Spitzer, will authorize three special-committee probes of what he calls questionable or "illegal" activities linked to Spitzer, The Post has learned.

The probes will focus on the dirty-tricks scandal as well as areas not yet before the public, including the role Spitzer and his aides may have had in getting the New York Racing Association - now desperately hoping Spitzer backs its continued operation of horse racing in the state - to hire the Manhattan law firm, Getnick & Getnick, the one-time federal court monitor that helped NYRA avoid indictment.

"We believe there are ties between Getnick & Getnick and the governor which must be explored," said a source close to Bruno (R-Rensselaer).

The Senate committees will also look into the long-controversial and initially undisclosed multimillion-dollar loans given then-candidate Spitzer in 1994 and 1998 by his father, real-estate mega-developer Bernard Spitzer, the source said.

Bruno decided to authorize the broad probes - by the Investigations, Elections, and Racing and Wagering committees - after concluding that two investigations of the dirty-tricks scandal will "whitewash" the plot by top Spitzer aides to use the State Police to gather information designed to damage or destroy his political career, sources said.

The probes are being conducted by Albany District Attorney David Soares, a Democrat widely described even by aides to Spitzer as "in the tank" for the governor, and the Spitzer-controlled state Ethics Committee, whose chairman, former Fordham Law School Dean John Feerick, is a longtime Spitzer friend.

"Our take on Soares is that he's going to do a whitewash," a senior official of the Republican-controlled Senate told The Post.

"Feerick is just a charade, and we don't expect anything there.

"There's criminality here, there was criminal conduct at the highest levels," the official said.

"Until the governor and his people are under oath telling the truth, this won't be over, this won't go away."

Another Senate official cited last week's indictment of Seneca County Sheriff Leon Connelly for allegedly using his office against his political opponents.

"If District Attorney Soares was a serious investigator, he'd be looking at Seneca County and bring similar charges against Spitzer's people," the official said.

The three committees will all be authorized to use subpoena power to compel testimony as part of their probes.

The Investigations Committee is expected to broaden its ongoing probe of the dirty-tricks scandal by demanding - under threat of subpoena - the testimony of top Spitzer aides and possibly Spitzer himself.

The committee is now slated to hear from Kristine Hamann, Spitzer's inspector general who has been accused of helping cover up the scandal, on Thursday.

The Elections Committee will focus on the secret loans from Spitzer's father at a time when the governor is urging a package of "campaign-finance reform measures," which Bruno charges would cut off funding for Senate Republicans.

The Racing and Wagering Committee will focus on ties between Getnick & Getnick, NYRA, and Spitzer and his aides.

fredric.dicker@nypost.com

http://www.nypost.com/seven/09032007/news/...bers_on_gov.htm

[Livyjr]

"Wake up, Mr. Spitzer"

Albany, New York Times Union

First published: Sunday, September 2, 2007

So here's Governor Spitzer, elected by that record margin last year to transform the very culture of state government, now showing alarming signs of not recognizing how potentially corrupting the climate of special interest money is.

He's on the verge of recommending to the Legislature which company should be awarded the franchise to operate the state's racetracks.

Yet he's nonplused by questions about the $2.3 million (and counting) sweepstakes of lobbying and campaign contributions that will taint such a decision.

Conflict of interest?

Not that the governor can see.

"We've been meticulous and transparent," he says, about the process of analyzing the bids from four outfits that have given him more than $600,000 in campaign contributions since 2003.

That sure strikes us as pay to play, the very sort of exchange of money for access that Mr. Spitzer was ostensibly determined to stop.

How can someone who's otherwise been so admirably relentless on the issue of campaign finance reform, even during a rather difficult eight months in office, not be bothered by such a high-stakes bidding war to run horseracing, of all things?

No, there's nothing illegal about this arrangement, deciding which campaign contributor ought to win such a coveted reward.

But it hardly requires illegality for something about the way government operates to be inappropriate.

It's also not like Mr. Spitzer didn't know that a recommendation on who should get the racing franchise was going to be one of the most closely watched decisions of his first year in office.

The same governor who fought, but lost, a prickly battle with Senate Majority Leader Joseph Bruno for public campaign financing earlier this year ought to demand this sweeping change when their rematch commences.

It would be, quiet simply, a ban on political contributions from companies doing business, or seeking to do business, with the state.

No public contracts for high-rollers like Empire Racing Associates, Excelsior Racing Associates, Capital Play LLC and the New York Racing Association.

More immediately, Mr. Spitzer should realize this problem.

Richard Fields of Excelsior Racing Associates, a major contributor of his, is making a mockery of the very loopholes in the campaign finance laws the governor has been trying to close.

Contributions from corporations are supposed to be limited to $5,000.

But Mr. Fields took advantage of a provision in the law that lets what are known as limited liability corporations give much more than that.

Donations from five different LLCs and six different addresses added up to more than $209,000, according to an analysis of campaign contributions and lobbying expenses by the New York Public Interest Research Group.

Mr. Spitzer might see all this as post time, of sorts, in his quest to live up to all the expectations of how he was going to change Albany.

THE ISSUE: The governor must decide which of four campaign contributors of his should run the state's racetracks.

THE STAKES: The public has good reason to be suspicious.

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And speaking of the SAME OLD SAME OLD up here in Albany ....

I am reminded of some recent quotes by young Andy Cuomo in the Albany Times Union story "Troopergate called unethical but not criminal - Cuomo calls probe of scandal involving Spitzer aides adequate despite limitations" By RICK KARLIN, Capitol bureau, first published Friday, August 31, 2007, and the Fred LeBrun piece "Cuomo is right about keeping Troopergate debate going" by FRED LeBRUN, first published: Friday, August 31, 2007, wherein was stated as follows:

Not surprisingly, Attorney General Andrew Cuomo is one prominent state Democrat who wants the hoopla over Troopergate to continue, not calm down as others in his party would prefer.

"This is an important conversation to have, and to continue to have ..."

"It's all about the dysfunction of Albany that you guys have been writing about for years."

"It's about public integrity ..."

end quotes

DYSFUNCTION and a disturbing lack of public integrity in NYS government which goes back to at least in or about 1977, according to official records of the State of New York itself ....

Which brings us to young Andy's timely quotes in the Friday, August 31, 2007 RICK KARLIN story in the TU entitled "Troopergate called unethical but not criminal - Cuomo calls probe of scandal involving Spitzer aides adequate despite limitations", to wit:

Troopergate has dominated much of the political discussion this summer in Albany, which Cuomo said is probably for the best, despite the slings and arrows that seem to be flying in all directions.

"The use of police is an issue that troubles people," Cuomo said.

"It's all about the Albany dysfunction," he said.

"This is a conversation that we should have had 15 years ago."

end quotes

THE USE OF THE POLICE IS AN ISSUE THAT TROUBLES PEOPLE!

THIS IS A CONVERSATION WE SHOULD HAVE HAD AT LEAST FIFTEEN YEARS AGO!

And so ....

Young Andy Cuomo is dead on the money with those quotes ....

And it is OUR duty as concerned citizens to see that these outstanding questions about what "STEAMROLLER" Spitzer knew about TROOPERGATE and when he knew it do finally get answered ....

And that the conversation doesn't get buried as the SPITZER-ITES intend ....

And so ...

Posted by: John Galt | September 3, 2007 6:01 PM

http://www.nydailynews.com/blogs/dailypoli...1.html#comments

[Livyjr]

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And it is indeed interesting that in his quotes in the Friday, August 31, 2007 RICK KARLIN story in the TU entitled "Troopergate called unethical but not criminal - Cuomo calls probe of scandal involving Spitzer aides adequate despite limitations", young Andy Cuomo states clearly and unequivocally that:

"The use of police is an issue that troubles people," Cuomo said.

"This is a conversation that we should have had 15 years ago."

end quotes

Fifteen years ago from now would be the year 1992, and on November 30, 1992, Assistant Rensselaer County District Attorney Richard McNally was standing before then-Rensselaer County Criminal Court Judge M. Andrew Dwyer in the Rensselaer County Court House, being forced to admit before all the people in that courtroom that day that he had no evidence whatsoever to substantiate his malicious prosecution of former Rensselaer County Associate Public Health Engineer Paul R. Plante, P.E. in the various town courts of Rensselaer County from January of 1990 to that time ...

After Plante was the victim of a hit-and-run driver on Liberty Lane in the Town of Poestenkill, Rensselaer County on December 29, 1989 ....

A politically-connected hit-and-run driver who was PROTECTED by the New York State Police ...

And who was then allowed to bring false criminal charges in Poestenkill Town Court against Plante to cover up the hit-and-run, which false charges McNally then prosecuted for him:

JUDGE: There is a MOTION on, that I might as well dispose of first.

That is PEOPLE v. PLANTE.

Apparently, it is pro se.

Mr. McNally, are you here for the PEOPLE?

This is a legal question.

I don’t see that argument is necessary!

MCNALLY: This is a Motion to Dismiss!

JUDGE: A Motion to Reargue a Motion to Dismiss!

MCNALLY: I have no position, other than to say, the Court, in its previous position, left me without any recourse other than to not oppose a Motion to Dismiss, in my opinion!

JUDGE: That is your position?

MCNALLY: That is my position!

JUDGE: THEN YOU CONSENT TO THE DISMISSAL?

MCNALLY: I do, Judge, based upon the fact that the Court, in its previous Decision, left me with an untenable position at trial!

JUDGE: How closely did you read the decision?

MCNALLY: Very!

JUDGE: The District Attorney consented?

MCNALLY: It was the Court’s opinion at trial that there was other evidence out there, and I can affirm that there IS NOT OTHER EVIDENCE ON WHICH TO BASE A PROSECUTION AND THE COURT RULED THE EVIDENCE THAT WAS PRESENTED INSUFFICIENT, AND I HAVE NO OTHER EVIDENCE!

JUDGE: And you take the position that you have no further evidence, at all?

MCNALLY: No further evidence, Judge!

JUDGE: Then it is dismissed!

(Whereupon, matter concluded)

- EXCERPTED from pages 121-124 of the O’Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

http://blogs.timesunion.com/localpolitics/?p=193#comments

And so ....

Posted by: John Galt | September 3, 2007 6:39 PM

http://www.nydailynews.com/blogs/dailypoli...1.html#comments

[Livyjr]

THE NEW YORK POST

"JOE SET TO SIC PROBERS ON GOV"

September 3, 2007 -- SENATE Majority Leader Joseph Bruno, convinced current investigations of the dirty-tricks scandal will "cover up criminal conduct" by aides to Gov. Spitzer, will authorize three special-committee probes of what he calls questionable or "illegal" activities linked to Spitzer, The Post has learned.

Bruno decided to authorize the broad probes - by the Investigations, Elections, and Racing and Wagering committees - after concluding that two investigations of the dirty-tricks scandal will "whitewash" the plot by top Spitzer aides to use the State Police to gather information designed to damage or destroy his political career, sources said.

The probes are being conducted by Albany District Attorney David Soares, a Democrat widely described even by aides to Spitzer as "in the tank" for the governor, and the Spitzer-controlled state Ethics Committee, whose chairman, former Fordham Law School Dean John Feerick, is a longtime Spitzer friend.

"Our take on Soares is that he's going to do a whitewash," a senior official of the Republican-controlled Senate told The Post.

http://www.nypost.com/seven/09032007/news/...bers_on_gov.htm

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And this business with former Assistant Rensselaer County District Attorney Richard McNally ....

Who did Joe Bruno a big political favor by falsely and maliciously prosecuting Plante to protect the BRUNO-ITE GOON who had run Plante down in December of 1989 ...

Is relevant to what is taking place on the political stage here in NYS right now ....

Because the Working Families Party has endorsed McNally to be the next District Attorney up here in Joe Bruno's Rensselaer County ...

And there is a real good chance that with that WFP endorsement, McNally is going to win, and become OUR next Rensselaer County District Attorney ....

As P. David Soares is DA over there in Albany County ...

With a similar endoresement by the WFP ....

And it is our information and belief ...

That the WFP endorsed McNally precisely BECAUSE McNally could demonstrate, through his false and malicious prosecution of Plante, that McNally will and has bent and twisted the law for political purposes ....

To protect political friends ....

And to punish political enemies ....

Which would make the WFP a "PLAYER" up here, having someone like McNally in its stable of politicians ...

Along with P. David Soares ....

Who is said to be giving Eliot Spitzer aid and comfort in connection with this TROOPERGATE FIASCO ...

And so ...

Posted by: John Galt | September 3, 2007 7:02 PM

http://www.nydailynews.com/blogs/dailypoli...101.html?page=2

[Livyjr]

THE NEW YORK POST

"SPITZ IN THEIR FACE - ELIOT FIGHTS TO GUARD PRIVATE E-MAILS"

By FREDRIC U. DICKER State Editor

September 4, 2007 -- ALBANY - The state Ethics Commission is secretly battling Gov. Spitzer and his aides over access to potentially explosive private e-mails linked to the dirty-tricks scandal, including messages from the governor himself.

The battle raged all last week even as Spitzer publicly claimed he was fully cooperating with the commission probe, sources said yesterday.

At one point, aides to the governor decided to "punt" the commission's request for some of the private e-mails by forwarding them to lawyers for two of the key conspirators in the scandal, Darren Dopp, Spitzer's just-reinstated communications director, and William Howard, his demoted homeland-security adviser, according to the sources.

"They punted the [e-mail] requests to the private lawyers rather than make the demand themselves that Dopp and Howard, who are on the state payroll and under their control, turn them over," said a source close to the probe.

One request was signed by Spitzer's first deputy secretary, Sean Patrick Maloney, who - in a controversial move in July - was given "special counsel" status allowing him to invoke lawyer-client privilege to avoid being interviewed about the scandal.

The imbroglio involves a plot by Spitzer aides to use the State Police to gather supposedly damaging information on Senate Majority Leader Joseph Bruno.

Spitzer and his aides want to narrow the definition of what constitutes a scandal "record" and to deny the commission access to what they contend are "irrelevant" or "peripheral" references to the dirty-tricks plot.

The Post disclosed last month that scandal-related private e-mails sent from personal communication devices such as BlackBerrys were not provided by Spitzer's office to investigators for Attorney General Andrew Cuomo, who issued a bombshell report about the embarrassing mess on July 23.

While Spitzer spokeswoman Christine Anderson insisted, "We are cooperating fully with the commission," she repeatedly refused to deny that there is a dispute over the records.

Dopp, meanwhile, was described by Spitzer administration insiders, as "bitter" and "angry" and "convinced that he was unfairly made a scapegoat" for the scandal by the governor.

Spitzer returned Dopp to his $175,000-a-year job last week, in a move Republicans called an effort to buy the aide's silence.

fredric.dicker@nypost.com

http://www.nypost.com/seven/09042007/news/..._their_face.htm

[Livyjr]

"Fed: upstate NY cities could be stressed by aging boomers"

By MICHAEL HILL, Associated Press

Last updated: 4:14 p.m., Tuesday, September 4, 2007

ALBANY -- Aging baby boomers in upstate New York will likely place a concentrated demand for services in cities and older suburbs already facing financial challenges, according to a Federal Reserve report released Tuesday.

The 65-and-over population is projected to increase by 40 percent in upstate areas from 2005 to 2030 -- part of a national trend that is expected to increase the need for government-aided services ranging from health care to social welfare programs, particularly in and around the region's largest cities, the Buffalo branch of the Federal Reserve Bank of New York reported.

"In upstate New York, high-needs seniors tend to be concentrated in metropolitan areas, cities and suburbs with sluggish economic and population growth," according to the report.

The four major metropolitan areas upstate -- Albany, Buffalo, Rochester and Syracuse-- each reported a higher percentage of older residents in the 2000 census than the national average.

Demographers who have studied the trend believe it reflects an aging population coupled with a "brain drain" of younger residents to other parts of the country.

The Fed report notes that those metropolitan areas also have a relatively high concentration of older adults likely to rely on services -- that is seniors who are either disabled, poor, living alone or over age 74.

Looking at where seniors live in upstate New York, researchers found that older suburbs, which experienced most of their growth before 1960, have the highest percentage of people aged 65 and over: 18.2 percent in the 2000 census.

The study suggests this is because families with children tend to settle in newer suburbs farther from city centers.

While the region's cities have a lower concentration of seniors -- 12.3 percent -- they still have a relatively high proportion of high-need seniors, according to the report.

The Fed researchers said that having to increase senior care could be a challenge in those older suburbs and inner cities because many of the areas already face an eroding tax base and infrastructure in need of repairs.

"In many upstate New York communities, where the increasing demand for services and infrastructure takes place in an environment of fiscal stress, local governments will likely face difficult decisions," according to the report.

Bill Ferris, New York state lobbyist for the AARP, said the Fed study did a good job sketching out the challenges government faces in the future.

He added that any remedy -- be it tax credits or respite care -- would need to address the spouses, children and other caregivers who provide the majority of senior care.

"There needs to be a focus on the individuals who prove the majority of long-term care services in the state, and that's the family caregiver," Ferris said.

[Livyjr]

THE NEW YORK OBSERVER

"Another Winner: NYRA's Attorneys"

by Azi Paybarah

Published: September 4, 2007

When Eliot Spitzer announced today that NYRA should continue operating the state’s horse racing (but not necessarily the casino) franchise, it was a big victory for NYRA, but also for the law firm they recently retained, Getnick & Getnick.

Bennett Liebman, the acting director and visiting assistant professor of law at the Government Law Center, emailed me to suggest a related issue:

"There was a very interesting finesse of the integrity monitor issue by the Governor's office."

"There have been some issues raised that the hiring of Getnick and Getnick by NYRA was not in compliance with the terms of Racing Law which requires that all NYRA contracts in excess of $250,000 be competitively bid."

"The MOU says that NYRA 'will continue the retention of an independent business integrity counsel' making it appear that the firm of Getnick and Getnick has been grandfathered in."

Anyone know any more about this?

http://www.observer.com/2007/nyras-attorneys

[Livyjr]

THE ITHACA JOURNAL

"Ethics Commission needs to let in some sunshine"

Jay Gallagher / Commentary

In its waning days, the state Ethics Commission is in the midst of probably the most important investigation in its 18-year history.

The panel is the arbiter of the bitter “Troopergate” scandal.

Were the actions of aides to Gov. Eliot Spitzer in directing the State Police to gather information on a political rival merely overzealousness or something more serious?

But the trouble is, we may never know what the commission really feels about the issue.

That's because by law its deliberations and decisions are secret, unless and until it finds there has been wrongdoing.

If that is the case, the commission issues a report.

If it decides there were no violations, nothing is made public.

The panel could make an exception since this is such a high-profile case and make a statement, but it may not.

Then questions about Spitzer's role, if any, in the scandal will remain unanswered.

The commission is slated to go out of existence in about three weeks, to be supplanted by the Commission on Public Integrity, which will add oversight of lobbying activities to the current Ethics Commission task of policing the ethics of members of the executive branch.

The new body will have the ability to impose harsher penalties as well as have more rules to enforce.

But like the existing commission, it will conduct its activities behind closed doors and make a report public only when it finds violations of rules or laws.

The reason for all of the secrecy, of course, is to protect the rights of people who are accused of wrongdoing who are then found innocent.

But in the case of potential public-corruption cases, the need of the public to know is stronger than in typical criminal cases.

The commission's role is crucial here because investigators for Attorney General Andrew Cuomo, who released a report in July on the matter, didn't talk to at least two of the crucial players involved in the situation, suspended communications director Darren Dopp and Spitzer's top aide, Richard Baum.

They both declined to talk to the investigators, and Cuomo lacked the power to make them.

Their refusals undercut Spitzer's contention that he and his staff had cooperated fully with Cuomo's investigators.

Unlike Cuomo, the commission has the power to compel them to testify as well as to get any documents they need.

The basic issue here is that many people don't believe Spitzer's contention that he didn't know what his aides were up to, or for that matter Baum's claims that two subordinates were trying to hurt Bruno without his knowing about it.

The commission has the power to require Spitzer to testify, under oath, about exactly what he knew and when he knew it.

Getting him to testify about the matter in public, under oath, is the way to put the matter to rest, or to take whatever the next step should be.

The other two panels looking at the situation, the Senate Investigations Committee and the Albany County district attorney's office, have built-in limitations.

The panel is run by Republicans, who have a partisan viewpoint, and its members only have the authority to consider legislative responses to Troopergate.

The D.A. can only find criminal wrongdoing, or nothing.

(News reports citing anonymous sources have said D.A. Soares has made up his mind that no laws were broken, but Soares has said no decisions have been made.)

While the commission has critics who claim it has not been aggressive enough in going after potential corruption over the years, it was widely praised last year for a tough report on now-former state Comptroller Alan Hevesi.

The commission found that he had misused state resources in providing a state employee as chauffeur and helper for his wife.

Facing criminal prosecution and a potential jail term, Hevesi pleaded guilty and resigned.

Surely, if the commission fails to issue a report, Spitzer critics will say that the fact he appointed the chairman and nominated another member of the five-member panel (who has withdrawn from consideration of this matter because he and Spitzer are friends) had a bearing on the case.

And after the new commission takes over on Sept. 22, critics will point out that Spitzer appointed seven of the 13 members.

The worst outcome here is that questions linger indefinitely.

And that's a likely scenario as long as the commission conducts its business behind closed doors.

Contact Gallagher at Jgallagh@gannett.com.

Originally published September 4, 2007

http://www.ithacajournal.com/apps/pbcs.dll...F1014%2FOPINION

[Livyjr]

THE ITHACA JOURNAL

"Ethics Commission needs to let in some sunshine"

Jay Gallagher / Commentary

The commission's role is crucial here because investigators for Attorney General Andrew Cuomo, who released a report in July on the matter, didn't talk to at least two of the crucial players involved in the situation, suspended communications director Darren Dopp and Spitzer's top aide, Richard Baum.

They both declined to talk to the investigators, and Cuomo lacked the power to make them.

Their refusals undercut Spitzer's contention that he and his staff had cooperated fully with Cuomo's investigators.

The basic issue here is that many people don't believe Spitzer's contention that he didn't know what his aides were up to, or for that matter Baum's claims that two subordinates were trying to hurt Bruno without his knowing about it.

The other two panels looking at the situation, the Senate Investigations Committee and the Albany County district attorney's office, have built-in limitations.

The panel is run by Republicans, who have a partisan viewpoint, and its members only have the authority to consider legislative responses to Troopergate.

The D.A. can only find criminal wrongdoing, or nothing.

(News reports citing anonymous sources have said D.A. Soares has made up his mind that no laws were broken, but Soares has said no decisions have been made.)

http://www.ithacajournal.com/apps/pbcs.dll...F1014%2FOPINION

THE ITHACA JOURNAL

Posted: Wed Sep 05, 2007 8:22 am

Post subject: Your comments are misleading!

As an older citizen of NYS who is for our state Constitution and the laws of the state which emanate from our Constitution, I found myself somewhat disappointed by the following statements in your article "Ethics Commission needs to let in some sunshine" by Jay Gallagher:

The other two panels looking at the situation, the Senate Investigations Committee and the Albany County district attorney's office, have built-in limitations.

The panel is run by Republicans, who have a partisan viewpoint, and its members only have the authority to consider legislative responses to Troopergate.

The D.A. can only find criminal wrongdoing, or nothing.

end quotes

I am disappointed because these statements are either intentionally misleading, or worse, they demonstrate an ignorance of our form of government here in NYS by your staff, specifically, Mr. Gallagher.

First off, section 6 of ARTICLE I of the NYS Constitution, the NYS Bill of Rights, states in clear and unambiguous language that:

The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law.

end quotes

Which constitutional language in NYS brings us to ARTICLE 190 of the NYS Criminal Procedure Law, entitled "THE GRAND JURY AND ITS PROCEEDINGS".

Section 190.05 of ARTICLE 190, entitled "Grand jury; definition and general functions" provides as follows:

A grand jury is a body consisting of not less than sixteen nor more than twenty-three persons, impaneled by a superior court and constituting a part of such court, the functions of which are to hear and examine evidence concerning offenses and concerning misconduct, nonfeasance and neglect in public office, whether criminal or otherwise, and to take action with respect to such evidence as provided in section 190.60.

end quotes

So, clearly in the state of NY, according to our state law, it is the function of the GRAND JURY to "hear and examine evidence concerning misconduct, nonfeasance and neglect in public office, whether criminal or otherwise", and nowhere in our state laws is Albany County DA P. David Soares given the authority to block a GRAND JURY from fulfilling its function, just because DA P. David Soares might be interested in scoring political points in this TROOPERGATE FIASCO by protecting Eliot Spitzer.

This point is re-iterated in sub-section 1 of section 190.55 of ARTICLE 190, entitled "Grand jury; matters to be heard and examined; duties and authority of district attorney", as follows:

1. A grand jury may hear and examine evidence concerning the alleged commission of any offense prosecutable in the courts of the county, and concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise.

end quotes

As to the specific role of Albany County DA P. David Soares in that examination, sub-section 3 of section 190.50 of ARTICLE 190, entitled "Grand jury; who may call witnesses; defendant as witness", provides:

3. The grand jury may cause to be called as a witness any person believed by it to possess relevant information or knowledge.

If the grand jury desires to hear any such witness who was not called by the people, it may direct the district attorney to issue and serve a subpoena upon such witness, and the district attorney must comply with such direction.

end quotes

So, clearly, in the case of an examination by a GRAND JURY here in NYS concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise, it is the GRAND JURY which directs the actions of Albany County DA P. David Soares, and not the other way around.

Sub-section 6 of section 190.25 of ARTICLE 190, entitled "Grand jury; proceedings and operation in general" provides that:

6. The legal advisors of the grand jury are the court and the district attorney, and the grand jury may not seek or receive legal advice from any other source.

Where necessary or appropriate, the court or the district attorney, or both, must instruct the grand jury concerning the law with respect to its duties or any matter before it, and such instructions must be recorded in the minutes.

end quotes

So, again, in the in the case of an examination by a GRAND JURY here in NYS concerning any misconduct, nonfeasance or neglect in public office by a public servant, whether criminal or otherwise, Albany County DA P. David Soares is the legal advisor to the GRAND JURY, but he is not in charge of the GRAND JURY, as is reflected in sub-section 5 of section 190.25 of ARTICLE 190 as follows:

5. The grand jury is the exclusive judge of the facts with respect to any matter before it.

end quotes

And as to why we citizens out here are interested in having the facts correctly stated by your publication in connection with a truly non-partisan examination of this TROOPERGATE FIASCO, I refer you to sub-section 5 of section 190.60 of ARTICLE 190, "Grand jury; action to be taken", which states as follows:

After hearing and examining evidence as prescribed in section 190.55, a grand jury may:

5. Submit a grand jury report, as provided in section 190.85.

end quotes

We citizens out here are interested in this GRAND JURY report because of what it can provide us pursuant to section 190.85 of ARTICLE 190, "Grand jury; grand jury reports", as follows:

1. The grand jury may submit to the court by which it was impaneled, a report:

(a) Concerning misconduct, non-feasance or neglect in public office by a public servant as the basis for a recommendation of removal or disciplinary action; or

(b) Stating that after investigation of a public servant it finds no misconduct, non-feasance or neglect in office by him provided that such public servant has requested the submission of such report; or

© Proposing recommendations for legislative, executive or administrative action in the public interest based upon stated findings.

end quotes

There is the heart of what your Mr. Gallagher failed to state in his recent article above here, which we older citizens out here feel was a disservice to your readers.

And so ....

http://www.theithacajournal.com/apps/pbcs....ION02/709040309

[Livyjr]

THE NEW YORK SUN

"Albany Investigators Request Second Interview With Dopp"

By JACOB GERSHMAN, Staff Reporter of the Sun

September 5, 2007

Investigators for Albany County's district attorney, David Soares, have requested a second interview with Governor Spitzer's communications director, Darren Dopp, a key figure in the state police scandal.

Mr. Dopp's lawyer, Terry Kindlon, said his client would submit to a second round of questioning later this week.

Albany investigators first interviewed Mr. Dopp three weeks ago.

The request could portend a worrisome development for Mr. Spitzer, who is trying to recover from charges that senior administration officials used state police to gather damaging information about the Senate Republican majority leader, Joseph Bruno.

The investigation by Mr. Soares, who is determining whether the governor's committed a crime in connection with the plot against Mr. Bruno, was thought to be near completion.

Spitzer officials have said they are confident that Mr. Soares will not find any evidence of criminal activity.

Mr. Spitzer last week restored Mr. Dopp's $175,000-a-year salary after suspending him without pay for more than 30 days.

He has not said whether Mr. Dopp, who is using vacation time, would return to his old job.

Senate Republicans accused the governor of trying to keep Mr. Dopp silent about his knowledge of which officials were aware of the scheme.

Mr. Kindlon also said that Mr. Dopp is submitting a sworn statement to the New York State Ethics Commisison, which is investigating possible ethics violations.

He said the commission has not demanded that Mr. Dopp testify in person before investigators.

"To me it sounds like there's something he doesn't want to talk about," a spokesman for Mr. Bruno, John McArdle, said.

http://www.nysun.com/article/61895