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

[Livyjr]

NEW YORK STATE CONSTITUTION - ARTICLE VII - State Finances

§ 8. 1. The money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking, but the foregoing provisions shall not apply to any fund or property now held or which may hereafter be held by the state for educational, mental health or mental retardation purposes.

http://www.senate.state.ny.us/lbdcinfo/senconstitution.html

NY TIMES EMPIRE ZONE

March 30, 2007, 1:00 pm

"Transparency and Accountability"

By Michael Cooper

In the next 36 hours lawmakers in Albany will be asked to approve hundreds of pages of budget bills that they have not yet read, because they have not been printed.

Key details of how some of the most important aspects of the budget work – the division of education aid and the way the property tax rebate will work – are still being worked out.

It all brings to mind a news conference that Gov. Eliot Spitzer held in January with the Legislative leaders, Senate Majority Leader Joseph L. Bruno and Assembly Speaker Sheldon Silver, to announce what they called “sweeping” budget reforms.

From the press release:

“The drive to improve accountability in state government begins with the budget,” said Governor Spitzer.

“For decades, the budget process has been characterized by secrecy, gamesmanship and a lack of accountability."

"These common-sense measures are an excellent first step toward opening up the process and helping ensure timely budgets with greater transparency and accountability.”

Speaker Silver said, “With this agreement, we move our state’s budget process into the 21st Century with a strong constitutional emphasis on mutual respect between the executive and legislative branches in forging a fiscal plan for our state."

"We will continue to rely upon the joint conference committees."

"We will have a more transparent, more easily understood budget process."

"We will enact a fair, balanced and on-time state budget this year that addresses the needs of working families in education, health care and job creation.”

Majority Leader Bruno said, “These budget reforms will help bring greater openness, transparency and accountability to the state budget and help ensure that it is passed on time."

"The agreement includes many proposals that the Senate Majority has sought including greater itemization of state spending, budget conference committees, accelerating the budget process and getting an agreement on state revenue projections.’’

Comments

March 31st, 2007 9:14 am

As one of this state’s many disabled combat veterans who took an oath to protect and defend the United States Constitution, and then did some bleeding in Viet Nam as a result of that oath, it is difficult for me to find the words to adequately express my total disgust with not only the NY Legislature, which has no integrity, and this “STEAMROLLER”, who has even less integrity than the state legislature, but also with the citizen body of this state who are totally ignorant about the provisions of OUR state Constitution regarding preparation of the annual state budget, and so allow this absolute crap that is going on in Albany right now to continue year after year, with all of this hidden “negotiating” going on, as usual, “behind closed doors”, when the provisions of Article VII of OUR state Constitution demand and mandate transparency …

ART. VII, Section 1. For the preparation of the budget, the head of each department of state government, except the legislature and judiciary, shall furnish the governor such estimates and information in such form and at such times as the governor may require, copies of which shall forthwith be furnished to the appropriate committees of the legislature.

The governor shall hold hearings thereon at which the governor may require the attendance of heads of departments and their subordinates.

Designated representatives of such committees shall be entitled to attend the hearings thereon and to make inquiry concerning any part thereof.

Itemized estimates of the financial needs of the legislature, certified by the presiding officer of each house, and of the judiciary, approved by the court of appeals and certified by the chief judge of the court of appeals, shall be transmitted to the governor not later than the first day of December in each year for inclusion in the budget without revision but with such recommendations as the governor may deem proper.

ART. VII, Section 3. At the time of submitting the budget to the legislature the governor shall submit a bill or bills containing all the proposed appropriations and reappropriations included in the budget and the proposed legislation, if any, recommended therein.

As an older common NYS citizen with the same H.S. education that all other New Yorkers supposedly have, and likely, less education than these more modern New Yorkers supposedly have by even the third or fourth grade, according to all the propaganda put out by the powerful teachers’ unions to support their calls for more and more state money to be jammed down their pockets each year by alleged ignorant people like me, I find this above constitutional language to be easily understandable and comprehensible …

And one would think that a couple of real hot-shot lawyers like the “STEAMROLLER” and Sheldon Silver would be able to comprehend it, as well ….

BUT ….

Here it is, almost April, and we have no budget bills before the Legislature, despite that easily understandable constitutional language, and notwithstanding that, they are still poised to pass the budget, because the “STEAMROLLER”, Silver, and “IRON DUKE” Joe Bruno are telling them, puppets that they all are, that they must do so ….

In a “representative” form of government such as ours is, a cowardly legislature must in fact be “representative” of a cowardly population, elsewise we would not have a pack of cowards sitting there in the legislature in Albany, making a complete and total mockery of rule of law here in NYS …

And as a disabled veteran, it is my thought this morning that fighting and dying to protect cowards is nothing but a waste of good, red blood ….

And so …

— Posted by Livyjr

http://empirezone.blogs.nytimes.com/2007/0...ility/#comments

[Livyjr]

NY TIMES EMPIRE ZONE

March 30, 2007, 1:00 pm

"Transparency and Accountability"

By Michael Cooper

In the next 36 hours lawmakers in Albany will be asked to approve hundreds of pages of budget bills that they have not yet read, because they have not been printed.

Key details of how some of the most important aspects of the budget work – the division of education aid and the way the property tax rebate will work – are still being worked out.

It all brings to mind a news conference that Gov. Eliot Spitzer held in January with the Legislative leaders, Senate Majority Leader Joseph L. Bruno and Assembly Speaker Sheldon Silver, to announce what they called “sweeping” budget reforms.

From the press release:

“The drive to improve accountability in state government begins with the budget,” said Governor Spitzer.

“For decades, the budget process has been characterized by secrecy, gamesmanship and a lack of accountability."

"These common-sense measures are an excellent first step toward opening up the process and helping ensure timely budgets with greater transparency and accountability.”

Speaker Silver said, “With this agreement, we move our state’s budget process into the 21st Century with a strong constitutional emphasis on mutual respect between the executive and legislative branches in forging a fiscal plan for our state."

"We will continue to rely upon the joint conference committees."

"We will have a more transparent, more easily understood budget process."

"We will enact a fair, balanced and on-time state budget this year that addresses the needs of working families in education, health care and job creation.”

Majority Leader Bruno said, “These budget reforms will help bring greater openness, transparency and accountability to the state budget and help ensure that it is passed on time."

"The agreement includes many proposals that the Senate Majority has sought including greater itemization of state spending, budget conference committees, accelerating the budget process and getting an agreement on state revenue projections.’’

http://empirezone.blogs.nytimes.com/2007/0...ility/#comments

"More of the same"

Albany, New York Times Union

First published: Saturday, March 31, 2007

For this, we had an election, one of landslide proportions yet, and promises of how different everything in Albany was going to be?

There are some new additions to the cast of characters in state government all right, and they spent the week reviving the worst of ways to put together a state budget.

Thursday's developments in particular -- six hours of closed meetings, interrupted by Gov. Spitzer's pronouncement that neither he nor the rest of what's now five men in a room could say just what was going on -- qualify as a disgrace.

There was the governor, usually so confident and in command, absolutely desperate to get a budget approved by Sunday's deadline.

It was a disheartening retreat from his declaration earlier in the week that getting the budget done right was more important than getting it finished on time.

The public that reasonably asks why New York can't simultaneously have sound fiscal management, compliance with deadlines and budget negotiations out in the open has been had.

A $122 billion spending plan put together in secret undermines, and in a very mocking way, the very point of the so-called reform of the budget process Mr. Spitzer and the leaders agreed to just weeks after he took office.

Has Mr. Spitzer truly forgotten what his election was supposed to represent?

Or was his answer to a question about whether agreement on a budget would have been possible, at least this soon, if negotiations had been conducted in public an expression of fatigue more than anything else?

"You know, I wish I knew the answer to that" is, in either case, a far cry from "On Day One, everything changes."

And then there's the leader of the Assembly's Republican minority, James Tedisco of Schenectady.

"I think you saw some history today," he says.

"I think he found a formula that works."

"The next step is to take it public."

This works?

Please.

Even the genuine accomplishments of this budget deal, like cutting Medicaid spending by $1 billion and reducing the annual rate of growth from 8 percent to 1 percent, are diminished by the way it was reached.

And what's bad about the budget, like doubling the number of charter schools that will be allowed in New York, from 100 to 200, becomes all the more suspicious when it's the product of a backroom deal.

Questions will linger for some time over why Mr. Spitzer's $1.3 billion in property tax relief, mostly for the middle class, had to be whittled down by $200 million so more school aid could go to Long Island, the place where Senate Majority Leader Joseph Bruno is so fiercely determined to hold on to his slim majority.

Oh, and why did $100 million for stem-cell research have to become funding for "emerging technologies"?

Any conversation in which the leaders of state government can't bring themselves to earnestly embrace the potential scientific triumph that stem-cell research represents is more discourse that needs to occur publicly.

Of all this, of what he had wanted and what he has had to settle for, Mr. Spitzer says, "Rome was not built in a day."

Nor was Albany's storied dysfunction achieved overnight, a collection of embarrassments and disappointments that go well beyond late budgets, and to which Mr. Spitzer has become a most prominent contributor.

[Livyjr]

Nor was Albany's storied dysfunction achieved overnight, a collection of embarrassments and disappointments that go well beyond late budgets, and to which Mr. Spitzer has become a most prominent contributor.

New York Observer Politicker

"Mondello on Spitzer's Meltdown"

March 30, 2007

At a Queens County Republican dinner in Flushing last night, state GOP Chairman Joe Mondello made the following prediction:

Eliot Spitzer will self-destruct.

-- Azi Paybarah

http://thepoliticker.observer.com/2007/03/...s-meltdown.html

[Livyjr]

And speaking of taking on the New York State Department of Environmental Conservation, or NYSDEC, as it is known, I came across this "missive" earlier, from the files of the NYSDEC, concerning how it looks at us, and the law, and especially judges, here in OUR America:

October 22, 1993

TO: Bill Clarke and Arthur Henningson, NYSDEC Region IV Office

FROM: Richard Ostrov, NYSDEC attorney

Kathleen Morrison (an Assistant New York State Attorney General) called me today to say that the hearing in the above captioned matter was held before Judge Williams.

As you remember, the Department is not opposing a nullification of the permit and remand because PLAINTIFF's arguments on lack of SEQRA review and inadequate record have merit.

Benson Brothers (a trash hauling company now owned by Waste Management) filed a motion to throw out the proceeding because PLAINTIFF has no standing (an interest) to challenge the permit.

PLAINTIFF's reply to the Motion is due by Wednesday, October 27, 1993.

It is likely that the Judge will rule soon after Wednesday and under local practice rules, PLAINTIFF would prepare the Order for the Court.

This might delay the issuance of the Order.

Stockli, Benson's attorney, was hopeful that when the matter is remanded, DEC would expeditiously address the new application.

It goes without saying that DRA (DEC's Division of Regulatory Affairs) should not process the recently received modification request BECAUSE THERE WILL BE NO PERMIT TO MODIFY!

Kathleen indicated that because of this Judge's personal slant toward DEC, OUR RECORD SHOULD BE AIR-TIGHT WHEN THE NEW PERMIT APPLICATION IS PROCESSED!

She pointed out that PLAINTIFF's basis for standing is his well's proximity to the site of the transfer station.

It appears from her review of the record that the wastewater impact of the transfer station was not adequately addressed in the record.

DOW (Division of Water) staff wrote a memo or letter on this matter, but no resolution of the issue is addressed in the record.

Please have your staff pay particular attention to this issue and any other issue raised by PLAINTIFF in his petition.

Essentially the review of the next permit application must be by the book -- not just for our own credibility, but to enhance the likelihood that a permit challenge won't be successful.

If you have any questions on this matter, let's discuss!

New York State Department of Environmental Conservation Memorandum

TO: Director Wayne Brewer, Environmental Conservation Police

FROM: Captain E.T. Washburn, Environmental Conservation Police

DATE: February 13, 1998

I have assigned Lt. Paul Bernstein and ECO Karen Staniewski to investigate PLAINTIFF!

Please be advised that the Attorney general's Office has been looking into this site and are reviewing DEC Solid Waste files.

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

Sen. Michael Nozzolio, R-Fayette, said the DEC can’t be treating businesses as if they’ve been caught in a radar trap.

Grannis said he doesn’t see the department being out to get violators and would use aggressive enforcement as a last resort.

Comment by John Galt — March 31, 2007 @ 6:24 pm

ITEM: Grannis said he doesn’t see the department being out to get violators and would use aggressive enforcement as a last resort.

You’re damn right Grannis doesn’t see the NYSDEC as being “out to get violators” ….

To the contrary, based on our very long involvement with the NYSDEC as concerned citizens pursuant to section 3-0301 of the NYSECL, what we have documented is that the NYSDEC coddles violators, and it uses aggressive tactics, instead, against people like us, as can be seen from the language of this DEC memo in our files pertaining to the harassment of one of our community, the licensed professional engineer Paul R. Plante, who was in fact later incarcerated in the secure mental facility of the Stratton VA Hospital on August 22, 2001, just days after he sent a letter to the NYSDEC central office charging false statements were being made by the DEC Region IV office and a pet DEC consultant concerning this same solid waste transfer station in the Town of Poestenkill, Rensselaer County, State of New York:

New York State Department of Environmental Conservation Memorandum

TO: Director Wayne Brewer, Environmental Conservation Police

FROM: Captain E.T. Washburn, Environmental Conservation Police

DATE: February 13, 1998

I have assigned Lt. Paul Bernstein and ECO Karen Staniewski to investigate Paul Plante.

Please be advised that the Attorney general’s Office has been looking into this site and are reviewing DEC Solid Waste files.

And this harassment of Plante by the DEC Police occurred after Assistant New York State Attorney General KATHLEEN LISTON MORRISON filed an October 14, 1993 affirmation with Judge Williams of Albany County Supreme Court, in an open proceeding witnessed by the TU’s own Michelle Morgan Bolton, wherein was stated:

“I have read the Verified Petition, the Department permit file, and the relevant statutes and regulations.”

“The state respondents admit that the Department (NYSDEC) erred in issuing the permit when it had an incomplete application under Environmental Conservation Law (”ECL”) Article 70, the Uniform Procedures Act, and the regulations promulgated thereunder in 6 NYCRR Part 621, the Solid Waste Management Act, ECL Article 27, and the regulations promulgated thereunder in 6 NYCRR Part 360, and failed to comply with the requirements of Article 8, the State Environmental Quality Act, and the regulations promulgated thereunder in 6 NYCRR Part 617.”

For those who are unaware of the DEC permitting process, what Ms. Morrisson was saying to Judge Williams was that in issuing this permit, the NYSDEC had violated every single law and regulation which applied to the permitting of that facility ….

And yet, the permit was still issued ….

And no one at the NYSDEC was ever reprimanded, or dismissed, or jailed ….

To the contrary, the NYSDEC then turned on us …

Which has me saying back to this Sen. Michael Nozzolio, R-Fayette, that DEC can’t be treating citizens as if they’ve been caught in a radar trap when they expose on-going corruption at the NYSDEC ….

And it is not at all comforting to hear this Grannis dude telling all of us that he will use aggressive enforcement only as a last resort, when pursuant to ECL 3-0301(1)(i), it is the duty of the DEC and its commissioner to:

Provide for prevention and abatement of all water, land and air pollution including but not limited to that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids ….

What we do not need in the State of New York today is another “door-mat” DEC Commissioner, and yet, this Grannis dude sounds like he intends to be exactly that ….

Which does not bode well for our ground water and air out here in the APPALACHIA in upstate NY that the DEC has created with its negligence, and its coddling of environmental polluters and violaters ….

And so ….

http://blogs.timesunion.com/capitol/?p=4268#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

ITEM: Sen. Carl Marcellino, a Long Island Republican and chair of the Senate EnCon Committee, told Grannis that the task before him is a big one.

“The DEC’s image, as you heard in Finance and was touched on during the EnCon hearings, needs to change,” Marcellino said.

“There are regions of this state that look upon the department that you will be heading as the enemy."

"That’s not good.”

“Everybody laughs, but it really isn’t funny when people look at the government as their enemy…we need to work together to change that.”

Comment by John Galt — March 31, 2007 @ 7:01 pm

JOHN GALT REPLIES: The New York State Department of Environmental Conservation is indeed the enemy out here in the countryside in Rensselaer County, where the NYSDEC is considered to be the biggest threat to our health, safety and well-being, above the Rensselaer County Health Department, even, which is really saying something …

And that image certainly does need to change, but it does not appear from his own comments that this Grannis actually intends to do any changing, where he stated that he does not intend to use aggressive enforcement against environmental polluters and violaters ….

And that is entirely consistent with what this “STEAMROLLER” told the NYS Business Council on September 21, 2006 up at Bolton Landing on Lake George:

“Ken, I look forward to working with you to make New York the best place to do business in the world.”

“But today, I want to speak about what I believe should be our first priority, and that is making New York companies more competitive by improving our business climate.”

“And we will streamline regulations to make them friendly to business.”

“As Governor, I will ensure that the Governor’s Office of Regulatory Reform places renewed focus on breaking the regulatory logjam in the State’s permitting process for new development.”

“We have much more to accomplish than what I discussed today if we are to restore our State to its historic position of economic strength.”

“But the starting point of any economic development strategy is creating a climate that is friendly to business instead of hostile to it.”

“It’s time that our State government becomes part of the solution, not part of the problem.”

http://www.commongroundcommonsense.org/for...mp;#entry640897

Well, it sounds like the “STEAMROLLER” has a perfect lackey in this Grannis to help him carry out his and the NYS Business Council’s wishes ….

Despite it being the duty of the NYSDEC and its commissioner to:

3-0301. General functions, powers and duties of the department and the commissioner.

1. It shall be the responsibility of the department, in accordance with such existing provisions and limitations as may be elsewhere set forth in law, by and through the commissioner to carry out the environmental policy of the state set forth in section 1-0101 of this chapter.

And …

3-0301(1)(i) Provide for prevention and abatement of all water, land and air pollution including but not limited to that related to particulates, gases, dust, vapors, noise, radiation, odor, nutrients and heated liquids ….

And so ….

http://blogs.timesunion.com/capitol/?p=4272#comments

[Livyjr]

"Spitzer's steamroller looks to be running short on steam"

Fred LeBrun, political analyst, Albany, New York Times Union

First published: Sunday, April 1, 2007

"Rome wasn't built in a day," our exhausted governor acknowledged late Thursday after marathon closed-door negotiations with legislative leaders resulted in the outlines of a new state budget.

That equally exhausted cliche was a tacit acknowledgment that the results of those negotiations were a far cry from what Eliot Spitzer promised New Yorkers, from what he confidently predicted he would do with his first budget.

"Rome burned in a day -- but wasn't built in a day," he added.

Meaning what, I can't say.

But can you smell something burning?

I can, and it's not Rome.

Could it be that the bearings in Eliot's celebrated steamroller have seized?

Or maybe it's that bonfire piled high with "On Day One, Everything Changes" bumper stickers and posters.

This first budget has turned out to be a disaster for the brash, the bold, the progressive governor.

Much of what he predicted wouldn't happen did.

Much of what he said he could get done he didn't.

Conspicuously, the who man rode into town like Elmer Gantry preaching reform, openness, transparency, inclusion, public legislative conferences and hearings, has resorted to repeated behind-closed-doors bargaining with the same few suits that he railed against back at election time.

process -- and this entire session so far, for that matter -- has been neither open, nor transparent, nor has the public had a chance to say a peep until it was too late

Unbelievably, the brinkmanship governor who spoiled for a fight over the appointment of Comptroller Tom DiNapoli, rolled over and played dead just to get a so-called "on time" budget.

Like last year, an on-time budget is mostly a fiction anyway.

Resolving a few big-ticket items and a general, conceptual agreement still leave a lot of empty spaces.

The devil is always in those darned details.

Besides, we've been through budget making so many times we should know the difference between baloney and good salami.

Earlier last week, Spitzer had this to say:

"Everyone would like an on-time budget."

"Getting an on-time budget has become rightly or wrongly one of the measures of our capacity to run the ship of state as it should be run."

"It is more important to get it right.

"Timeliness is good, but being correct is better."

Three days later, he picked the wrong one.

We got timely, but we surely didn't get correct.

Or we would have had a full-blown debate over charter schools and whether this educational experiment deserves the expansion that has been granted without that public discussion or any reliable measure of past performance.

And an expanded bottle bill covering fruit juice and water bottles would have gotten a solid airing.

One poll shows 54 percent of New Yorkers are in favor of such a bill.

But it got yanked off the table before any serious negotiations even started.

A clear signal, incidentally, that will make passage of such a bill in the future nearly impossible.

The bottlers and wholesalers will never let it happen it now, even if they were given a greater share of nickel deposits.

Stem-cell research?

We went from great hope for a major commitment in this state, to a modest effort that shies away from controversial embryonic stem cells to "emerging technology."

That's not where we were supposed to go.

That's not a version of correct that I can swallow.

So far, the winners and losers in this budget cycle are obvious.

Eliot, because he set the agenda and came up way short, is the loser.

Senate Majority Leader Joe Bruno, who should be the imperiled and shaky leader of a doomed conference, is the big winner.

He got what he needed to stay alive and made the governor look foolish in the process.

At this point in their dismal history, it doesn't get better than that for Republicans.

Assembly Speaker Shelly Silver was just there and not much more, tethered to the losing side.

Even though Eliot caved for a timely budget and compromised far more than he should have, my prediction is that his poll numbers will continue to slide.

The public is going to be disappointed.

This isn't the Eliot Spitzer we elected, the Eliot Spitzer who promised to shake up Albany.

Early last week, he had this to say about his drop in popularity from 70 to 62 percent, according to a Siena poll:

"I would gladly trade away an awful lot of that transitory popularity in order to make the tough decisions that are necessary to move us in the right direction."

Bold talk.

But when the chips were down, that's all it was.

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

[Livyjr]

"Frenzy yields core of budget - $121 billion plan includes a $1.8 billion increase for education; critics call process 'a mess'"

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

First published: Sunday, April 1, 2007

ALBANY -- The Legislature hastily passed a package of budget bills Saturday night hours after they were printed, and hoped to complete the spending plan by today, the start of the new fiscal year.

The total budget is valued at about $121 billion by the Division of the Budget, but the entire plan may not be put together for a few more weeks to allow for more wrangling over hundreds of millions of dollars in capital projects money, pay raises and tuition tax credits.

Portions getting passed this weekend included the core ingredients of a budget, including a whopping $1.8 billion increase in education spending that will boost Albany aid by 17 percent and Schenectady's by 25 percent.

The total aid to schools reached $20 billion, a figure that still paled next to the Medicaid budget, which grew about 1 percent to $47 billion.

Gov. Eliot Spitzer considered it a victory.

Indeed, the governor, making rounds in the Capitol to meet with lawmakers during delays in bill printing, summed up the deal in the most positive terms.

He said he was pleased he won a new way of funding education, 70 percent of the health care cuts he demanded, $450 million in corporate loophole closures and a progressive tax rebate plan.

"We're thrilled at the timeliness of the budget," he said.

"We had enormous policy successes."

Yet, the budget watchdogs -- and several lawmakers -- called the process a "mess."

Several Assembly Republicans voted against parts of the package and criticized the budget's size.

Although the Legislature broke to return today to vote on remaining bills, Spitzer said he considered the budget substantially on time.

Spitzer issued "messages of necessity" to allow thousands of pages of bills to be passed quickly and without aging the required three days.

Still, a separate spending bill is expected to be fashioned in the weeks ahead to deal with unfinished business and clarifications.

Much was missed by drafters and negotiators in the sprint to get a budget in place by the April 1 start of the 2007-2008 fiscal year.

The follow-up legislation will likely include parts of the $170 million in member items being added by the Legislature -- discretionary money for priority and pork projects of lawmakers.

Lawmakers amended budget bills Saturday to attach hundreds, if not thousands, of member items for passage.

It will be up to Spitzer to veto or keep them.

The upcoming bill will also likely include capital projects, including a $300 million pot Spitzer desires for a computer chip research and development center.

Some say the beneficiary will be Sematech in Albany.

However, deals for local communities were expected to be passed by today, including forgiving a roughly $9 million state loan to the Saratoga Economic Development Corp. for the Luther Forest Technology Campus, site of a proposed computer chip manufacturing plant.

Also, the budget had provisions that assure Saratoga County $1.2 million and Saratoga Springs $3.7 million in video lottery terminal revenues from the racino at Saratoga Gaming and Raceway.

Spitzer had pushed to get a budget accomplished by midnight Saturday, compromising on his $120.6 billion budget plan and agreeing to more than another $1 billion in spending by lawmakers, including $355 million to Medicaid and $440 million to public education.

The enacted budget raises state fund spending by about 9 percent, roughly three times the rate of inflation.

Negotiations were still going on Saturday as budget bills were being drafted and printed.

"We are where we are which is, I hope, a greatly improved budget for the people of the state of New York," said Senate Majority Leader Joseph Bruno, R-Brunwick.

Spitzer won his fight to direct aid to neediest schools.

But Senate Republicans successfully pushed for more school funding for Long Island.

That ended up being $100 million for districts with the highest taxes, $75 million for Nassau and Suffolk counties and a portio of the rest for Westchester and Rockland counties, a sum that rankled some Assembly Democrats.

Only about 140 districts were considered too wealthy to get more than a cost-of-living increase.

Most got big boosts, particularly in urban areas: Albany County's schools as a whole got $190 million, up $20 million from last year.

Albany city schools got $65.3 million, a 17.6 percent increase, along with $2.5 million in extra "transitional" money for playing host to charter schools.

The money came from an account of $22 million for school districts with charters.

Schenectady County schools got $139 million, up $20.7 million.

Schenectady city schools received a 25 percent raise in funds, to $65 million, and $1 million in transitional aid.

Spitzer won the right to add 100 charter schools.

But Assembly Speaker Sheldon Silver won a provision requiring charters with 250 students in the first or second year of operation to be automatically unionized.

It was also win for the New York State United Teachers and Civil Service Employees Association.

Also, charters will have to make a good faith effort to educate handicapped students and not push them back to the public system, also a union priority.

But charters will not have to honor State Education Department building codes, pay prevailing wages or be managed only by nonprofits, terms the teacher union was pushing.

The budget also comes with $1.3 billion for rebate checks to property taxpayers, allowing people with up to $250,000 in household income to get some cash back from Albany.

Besides the $300 million tied to Sematech, Spitzer had sought another $300 million economic development account.

Several government officials said the Spitzer has been considering setting that pot up for use for his priorities and for lawmakers, particularly members of the two minority conferences -- Democrats in the Senate and Republicans in the Assembly.

The budget also included $100 million for stem cell research, with another $500 million coming over the following five years.

"It is an excellent program," said Robin Elliott, executive director of the Parkinson's Disease Foundation.

It will allow research, including embryonic stem cell work, but not cloning.

Agriculture lobbyists were heartened to see $30 million for dairy operations, although it fell short of the $60 million the industry wanted.

But restraint was needed somewhere, said Diana Fortuna, president of the Citizens Budget Commission, one of several analysts who described the budget as too plump.

The budget is more than $8 billion bigger than last year's $112.6 billion package.

She also said it was passed too hurriedly.

"The rush to pass legislation before the public or even lawmakers have a chance to consider it is a continuation of business as usual," Fortuna said.

"The budget process is still a mess."

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

[Livyjr]

"How everyday New Yorkers will fare"

Albany, New York Times Union

First published: Sunday, April 1, 2007

Senate Majority Leader Joseph L. Bruno summed up much of this year's budget negotiations during a meeting last week, as politicians were debating whether the budget they were crafting with Gov. Eliot Spitzer was good, bad or indifferent for most New Yorkers.

"When you want to talk about numbers,'' the Brunswick Republican said, "it depends on how you count them.''

It also depends -- a lot -- on who you are.

Are you rich, poor, young, old, self-employed or a state worker?

Do you own a large home with a high tax bill, or do you rent?

Those are the kind of factors that will determine whether this year's state budget will have much of a direct, immediate impact on your finances.

The state budget is a creature of the institutions it funds, and it can be hard to see how and where it trickles down to an individual's finances.

There are some exceptions this year: More than 1 million more New Yorkers will have some kind of health care coverage.

Homeowners may get property tax rebates ranging from a few hundred dollars to almost $1,000.

But that doesn't mean their annual tax bills will shrink, given the speed with which the underlying tax rates are growing.

With that in mind, and realizing the budget may not be finalized by the time you read this, we've attempted to show what the budget may actually mean for real New Yorkers, using some hypothetical Capital Region residents.

John Q. Public Employee: The budget will expand your ranks, with 2,458 new jobs for the state work force this year.

For example, Spitzer wants to hire 322 more people in the Department of Transportation, 109 in the Department of Environmental Conservation, and 226 at the Office of Children and Family Services.

It will reverse what unions said was a trend under former Gov. George Pataki to outsource jobs.

Salaries vary widely, but a typical DOT engineer can make between approximately $50,000 and $62,000.

You get a slew of stable, good jobs and expanded political clout as your numbers increase.

Mike and Mary Homeowner: You earn the state's median average income of about $59,000 and live in a $200,000 home in North Colonie.

Last year, you got an extra $123.66 back on your School Tax Relief (STAR) rebate on what was a school tax bill of about $3,200 after the initial STAR reduction.

Under this budget, you'll get 60 percent more, or an additional $74 on the rebate.

This year, with the added rebate you should get another $123.

But don't spend it yet.

What the government giveth, the government taketh away.

There's no telling what next year's base-line school tax will be.

Thus your actual bill may drop or increase regardless.

The rebates vary by school district.

Other districts, typically those with higher tax rates, may see higher rebate.

Bethlehem for instance got a $173.88 rebate.

Senior citizens get an even bigger rebate.

All told, Albany County taxpayers earning less than $90,000 should get an average rebate this coming fall of $373.

Making for a total savings of $994, according to state estimates.

Those earning between $90,001 and $150,000 would realize a total savings in Albany County of $900.

This rebate is different from last year's, since it's tied to incomes.

Those upstate residents who earn up to $90,000 get the full 60 percent increase.

That percentage lessens as incomes rise, up to a $250,000 income level, then the extra increase goes away.

Fran Family, Buys Own Health Insurance: You earn $65,000, live in Lansingburgh, and pay a $960 monthly premium for your spouse and two children (one of the lowest rates available, according to state data).

Now, though, because the eligibility cap has gone from 250 percent to 400 percent of the poverty level (around $20,000 for a family of four), you're eligible for a substantial insurance subsidy through the Child Health Plus program.

You will save from several hundred to several thousand dollars a year.

Pat, The Small-Business Owner: You own a dry cleaning business in Ravena.

One of your competitors is a national company that pays its taxes in Delaware rather than New York, giving it a big break.

Now, though, with combined filing, your competitors will have to pay Empire State taxes, too.

The playing field has been leveled just a bit.

Robbie Renter: You rent an apartment in Troy for $600.

There's not a whole lot new for you in this budget, and as advocates have noted, not much has changed since the 1980s, when an income tax break was instituted for those who earn less than $18,000.

Sally Student: If you're in an underperforming school district, you could see some changes in the classroom, depending on details, due to the governor's Contract for Excellence plan.

Districts with low test scores, such as Albany, may get extra money, but they have to agree to take specific measures to increase learning, such as reducing class sizes or increasing after-school programs.

-- By Rick Karlin

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

"Assembly Back Tomorrow, Too"

April 1, 2007 at 12:29 am by Jay Jochnowitz, State Editor

The Assembly just wrapped up its budget bill passing for the night (early morning, actually) and will return at 8:30 a.m. to deal with the health and education budget bills.

The problem is in part a printing issue; the education budget isn’t expected to be printed until somewhere in the neighborhood of 5 a.m.

So, rather than keep members at work overnight, Assembly Speaker Sheldon Silver, D-Manhattan, followed the lead of Majority Leader Joseph Bruno, R-Brunswick, and sent lawmakers home.

Comment by John Galt — April 1, 2007 @ 8:46 am

As an older person, who Mike calls a “country bumpkin”, which is really an innocent faux pas on his part, since we natural-born country folks up here are yokels, not “bumpkins”, that being a term that applies to NYC people who move up here and then spend hundreds of dollars on designer outfits that make them look like Canadian lumber-jacks, so no one will know they are really from NYC, I have to wonder at how “IRON DUKE” Joe Bruno has become the “BOSS” of the legislature down there in Albany, when the NY Constitution does not give him any such authority …

And I further have to wonder at how people in this state can tolerate any of this absolute crap that is going on down there right now with respect to the budget, when the language of the NY Constitution on the process is so clear …

And with respect to that process, § 5 of ART. VII of OUR NY Constitution states in language easily understood by fifth graders out here in the countryside that with respect to the budget submitted to them by the governor pursuant to section 2 of ART. VII that:

“Neither house of the legislature shall consider any other bill making an appropriation until all the appropriation bills submitted by the governor shall have been finally acted on by both houses, except on message from the governor certifying to the necessity of the immediate passage of such a bill.”

Now, to us, the term “house” of the legislature means all of its members, and not just the “IRON DUKE”, or Silver, for that matter, or “Worthless Jimmy” Tedisco ….

The “IRON DUKE”, admitted “heavy-hitter” that he is, is but one member of the state senate, and in reality, despite his HUGE puffed-up ego and sense-of-self, that is all he is, one voice out of many …

And as to the “budget needs” of the legislature, of which “IRON DUKE” Joe Bruno is but one member, not even in the lawful “chain of succession” in the case that the governor and lt. governor cannot serve, section 1 of ART VII states:

“Itemized estimates of the financial needs of the legislature, certified by the presiding officer of each house, and of the judiciary, approved by the court of appeals and certified by the chief judge of the court of appeals, shall be transmitted to the governor not later than the first day of December in each year for inclusion in the budget without revision but with such recommendations as the governor may deem proper.”

Simple, simple language, and yet, here we are, watching once again as the “THREE MEN PLUS TWO” do the “Albany Budget DANCE” all over again …

And with respect to the timing and openness and transparency of all of this, sect. 2 of ART. VII states:

“Annually, on or before the first day of February in each year following the year fixed by the constitution for the election of governor and lieutenant governor … the governor shall submit to the legislature a budget containing a complete plan of expenditures proposed to be made before the close of the ensuing fiscal year and all moneys and revenues estimated to be available therefor, together with an explanation of the basis of such estimates and recommendations as to proposed legislation, if any, which the governor may deem necessary to provide moneys and revenues sufficient to meet such proposed expenditures ….”

Sect. 2 further states:

“It (the budget submittal) shall also contain such other recommendations and information as the governor may deem proper and such additional information as may be required by law.”

Again, language that is quite simple and easy to understand, as any fifth grader out here in the countryside would tell you …

And if things were actually to be done in this way, well, we would have both transparency and openness in the process, since these are not “SECRET DOCUMENTS”, rather, they are public documents mandated by law in this state, and these public documents would be in the hands of EVERY member of both houses of the legislature by February 1st, 2 months ago, now, which means that they would be in the hands of the “media” and by extension, us, the people!

Now, with resepct to all of this BACK-DOOR DEALING with “add-ons” to appease all of the special interests who have access to these BACK-DOOR budget negotiations in violation of the process spelled out in plain and simple language in OUR NY Constitution, sect. 3 of ART. VII states:

“The governor may at any time within thirty days thereafter and, with the consent of the legislature, at any time before the adjournment thereof, amend or supplement the budget and submit amendments to any bills submitted by him or her or submit supplemental bills.”

The key language in that sentence, of course, is “WITH THE CONSENT OF THE LEGISLATURE”, and here is where we, the common, voiceless, powerless people out here in NYS are really being screwed, since the “legislature” in NY itself is nothing but a concept, not an actuality, and the “members” of the legislature are really nothing but a bunch of little puppets in thrall to “IRON DUKE” Joe Bruno, Shelly Silver, or in the case of Jimmy Tedisco and his bunch of puppets, in thrall to the LORD CORNBURY STEAMROLLER, himself …

And so ….

LORD CORNBURY does not have to comply with any of the provisions of ART. VII of OUR NY Constitution ….

And he certanly does not have to ask the whole legislature to give him permission to “amend or supplement the budget and submit amendments to any bills submitted by him or her or submit supplemental bills”, since the legislature is nothing but a lump of putty in the hands of its BOSSES ….

Rather, having the legislature in thrall to him and the BOSSES, he just takes the permission as a matter of IMPERIAL RIGHT, and then the DANCE begins …

And so …

Ulla, take my advice, get out of this state while you have a dime left to your name …

Go out to Oregon, the people out there are more independent in spirit than they are here, and a lot less cowardly, being the stock of pioneers themselves, and as a consequence, the government out there is not so cowardly, or unethical, or just plain worthless ….

And take as many young people with you when you go, as you can, because there is no real future for young people with integrity in this state so long as this HIGH-PRICED CHARADE down there in Albany continues year after year, as it is this year …

And so …

http://blogs.timesunion.com/capitol/?p=4279#comments

[Livyjr]

"Frenzy yields core of budget - $121 billion plan includes a $1.8 billion increase for education; critics call process 'a mess'"

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

First published: Sunday, April 1, 2007

ALBANY -- The Legislature hastily passed a package of budget bills Saturday night hours after they were printed, and hoped to complete the spending plan by today, the start of the new fiscal year.

Gov. Eliot Spitzer considered it a victory.

Still, a separate spending bill is expected to be fashioned in the weeks ahead to deal with unfinished business and clarifications.

Much was missed by drafters and negotiators in the sprint to get a budget in place by the April 1 start of the 2007-2008 fiscal year.

The follow-up legislation will likely include parts of the $170 million in member items being added by the Legislature -- discretionary money for priority and pork projects of lawmakers.

Lawmakers amended budget bills Saturday to attach hundreds, if not thousands, of member items for passage.

Comment by John Galt — April 1, 2007 @ 4:57 pm

I just finished reading “Frenzy yields core of budget - $121 billion plan includes a $1.8 billion increase for education; critics call process ‘a mess’” by JAMES M. ODATO, Capitol bureau, Albany, New York Times Union, first published Sunday, April 1, 2007, wherein was stated:

“The follow-up legislation will likely include parts of the $170 million in member items being added by the Legislature — discretionary money for priority and pork projects of lawmakers.”

“Lawmakers amended budget bills Saturday to attach hundreds, if not thousands, of member items for passage.”

And that brings me right back to the NY Constitution one more time, to what I consider to be the REAL LAW here in this state concerning the expenditures of OUR state monies, and that law goes right to the very legality of any of this $170 MILLION in PURE PORK that the members of the NY Legislature are apparently going to push through, to benefit themselves and the special interests who they suck up to for money …

With respect to these “hundreds, if not thousands, of member items for passage”, sect. 7 of ART. VII of the NYS Constitution states as follows:

“§ 7. No money shall ever be paid out of the state treasury or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law making a new appropriation or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object or purpose to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum.”

So with respect to openness and transparency and accountability, not to mention the very constitutionality of any of these PORK BILLS, each and every one should be scrutinized by the press, and by the public, as well as by each “lawmaker” who votes “yes”, to be sure that the OBJECT OR PURPOSE of each appropriation is well stated, and if that takes the next ten year to accomplish, so be that …

Which brings us to perhaps the more important constitutional provision governing the expenditure of any state monies at all, which are our monies, in trust to the legislature, only, and that law is stated in sect. 8 of ART. VII of OUR NY Constitution as follows:

“§ 8. 1. The money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking, but the foregoing provisions shall not apply to any fund or property now held or which may hereafter be held by the state for educational, mental health or mental retardation purposes.”

I suspect that if each of these PORK BILLS were scrutinized for compliance with this constituional requirement, that many or most of them would be unlawful or illegal or unconstitutional appropriations by the members of the legislature, which should then be grounds for removal from office, if not immediately, then certainly in the very next election for which they must stand ….

If members of the legislature cannot and will not uphold the provisions of OUR NY Constitution, then they are a danger and a threat to our constitutional form of government here in NYS, and for that reason, they should not be serving in OUR state government ….

If the OATH to OUR Constitution means a thing to any of these state legislators, be they in the assembly or the senate, then, by God, they had better demonstrate to us that they know what OUR Constitution means and says about how OUR state tax monies are to be expended, and the way that they do that is by action - abide by the language of the constitution in all that they do, or GET OUT ….

Un-*** the seat and let a better person take on the duties, man or woman don’t matter, so long as the next one will acknowledge and abide by OUR Constitution …

And so …

http://blogs.timesunion.com/capitol/?p=4286#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

Comment by John Galt — April 1, 2007 @ 8:46 am

Ulla, take my advice, get out of this state while you have a dime left to your name …

Go out to Oregon, the people out there are more independent in spirit than they are here, and a lot less cowardly, being the stock of pioneers themselves, and as a consequence, the government out there is not so cowardly, or unethical, or just plain worthless ….

And take as many young people with you when you go, as you can, because there is no real future for young people with integrity in this state so long as this HIGH-PRICED CHARADE down there in Albany continues year after year, as it is this year …

And so …

http://blogs.timesunion.com/capitol/?p=4279#comments

"Half a day late, sort of - Lawmakers finish the budget just after deadline, but intend to add $1B in weeks ahead"

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

First published: Monday, April 2, 2007

ALBANY -- Late on the morning of a new fiscal year, the Legislature on Sunday completed passage of an enormous spending package and planned to continue adding to it in the coming weeks.

The lawmakers passed a roughly $121 billion budget, with pages still warm from being printed, rankling some members and the government reform groups that hoped Gov. Eliot Spitzer's way of doing things would be much more open.

The budget that will finance state government for the next 12 months was touted by leaders as something of which to be proud, although you could not find a senator or Assembly member sure of the spending plan's actual size.

The package came with the expectation that legislators will work out another bill in concert with Spitzer after they return from a two-week vacation that starts today.

The new legislation would add upward of $1 billion for capital projects such as road construction, a computer chip research center in the Albany area and more pork for members.

"Spectacular," Spitzer said as he shook Assembly Speaker Sheldon Silver's hand for completing the budget 11 hours past deadline.

The Senate finished about an hour earlier.

Both chambers applauded themselves for getting the job done essentially on time.

"This budget is very good for the state of New York," Spitzer said, just three weeks after complaining that the Senate GOP was being "profligate" by proposing what he called unaffordable increases over his $120.6 billion budget plan.

"Obviously, however, the process that produced the budget was flawed."

The governor, who was criticized by government watchdogs for negotiating his first budget behind closed doors, pledged to do better next year.

Lawmakers added more than $1 billion to Spitzer's plan and forced him to dilute many of the reforms he sought to rein in spending.

Already, the budget is sprinkled with hundreds of initiatives demanded by legislators.

Spitzer will have to decide whether to veto them.

These include member items from a pot of $170 million the Legislature added for pork projects for things such as $10,000 for Proctor's Theatre in Schenectady and $10,000 for the Saratoga Anniversary Committee.

Spitzer has said such projects must be spelled out in the budget.

Lawmakers simply listed grant sums and recipients, but said more detailed explanation will be put on the Internet.

The bills also include "aid to localities" added by the members for a range of desired spending -- $350,000 for the Maple Producers' Association, much of it to set up a sugarhouse at the State Fair, for instance.

The extra aid also included $600,000 for the Tech Valley High School project Senate Majority Leader Joseph L. Bruno has supported in the Capital Region and $500,000 for a regional center for autism at the University at Albany.

In a three-way agreement, $548,000 is in the budget for Schenectady County Community College for homeland security training.

Bruno, R-Brunswick, and Silver, D-Manhattan, both said the Legislature needs to keep talking about a pay increase for judges, something Spitzer wanted.

The judiciary has gone without pay increases for eight years; they are paid less than some legislative staffers.

Silver said the conversation should include the broader discussion of legislative and executive compensation and that he hopes it gets resolved later this year.

Bruno said the Legislature will have to discuss $600 million that Spitzer sought for economic development but was rejected by the Legislature.

The two $300 million pots include one for a high-tech computer chip center, which sources have said is a Sematech project in Albany.

In all, about $1 billion in capital projects need to be part of another bill, Bruno said.

"I don't remember before having this much success," Bruno said.

"We did OK."

He credited the Senate Republicans for pushing for open conference committees, chiding Assembly Democrats for not showing up for two key sessions.

He also suggested the Senate GOP drove Spitzer to agree to add $440 million in education aid, restore $350 million in proposed health care cuts, and setting up a $1.3 billion rebate check program for property taxpayers.

Bruno pushed for more school money to protect the Republican bastion of Long Island, winning an extra $100 million for highly taxed school districts in Suffolk and Nassau counties.

Assembly Democrats from Westchester County wrote an angry letter to Spitzer on Sunday seeking changes in the "high tax aid."

The letter came after the delegation realized almost three quarters of the account is going to Long Island with just $10 million for Orange County, $4 million for Dutchess County, $4 million for Ulster County, $1 million for Rockland County and $1.6 million for Westchester County.

Silver said Spitzer, a fellow Democrat, did well in his first budget battle.

"The governor has a tremendous set of victories here," he said.

The speaker's own scorecard included a few buzzer-beaters as he worked some late-stage deals on how school funds can be used.

He also turned back the governor's plan to provide tuition tax credits for parents who send their children to parochial and private schools.

But the speaker noted that such schools will be getting a total of $39 million statewide to help them pay for state-mandated services.

He also diluted Spitzer's ability to add 100 more charter schools.

Language in the education budget bills calls for unionization of any charter schools with 250 or more students during their first two years of operation.

In a provision that would have an impact in districts such as Albany, Silver got an amendment that new charter schools can't immediately open if more than 5 percent of a district's students are already enrolled in the alternative schools.

There has to be a determination that another school would be advantageous to the youngsters.

The budget, negotiated largely in private among Spitzer and the legislative leaders and passed before details could be read, came about via a process that was "the worst ever," said Assembly Minority Leader James Tedisco, R-Schenectady.

Many of his members voted against components and the entire minority conference objected to Spitzer exerting his power to allow immediate passage of freshly printed bills by issuing "messages of necessity."

That allowed the Legislature to disband the rule that bills must be aged for three days before a vote.

A few lawmakers, notably Assemblyman James Hayes, R-East Amherst, worried the budget's nearly 9 percent increase in state funds will lead to higher taxes and more job losses.

"Everybody feels great, like they got this brand new platinum credit card," said Assemblyman Joseph Saladino, R-Massapequa, whose district benefited from big infusions of state aid for schools.

"But eventually the bill will arrive."

Deficits -- the difference between expected revenues and spending obligations -- will grow by $1 billion a year in upcoming fiscal years, according to the state Division of the Budget.

The projected gaps are $3.3 billion next year, $5.5 billion the year after and $7.3 billion in 2010-2011.

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

[Livyjr]

"Half a day late, sort of - Lawmakers finish the budget just after deadline, but intend to add $1B in weeks ahead"

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

First published: Monday, April 2, 2007

ALBANY -- Late on the morning of a new fiscal year, the Legislature on Sunday completed passage of an enormous spending package and planned to continue adding to it in the coming weeks.

The lawmakers passed a roughly $121 billion budget, with pages still warm from being printed, rankling some members and the government reform groups that hoped Gov. Eliot Spitzer's way of doing things would be much more open.

The budget that will finance state government for the next 12 months was touted by leaders as something of which to be proud, although you could not find a senator or Assembly member sure of the spending plan's actual size.

"Spectacular," Spitzer said as he shook Assembly Speaker Sheldon Silver's hand for completing the budget 11 hours past deadline.

"This budget is very good for the state of New York," Spitzer said, just three weeks after complaining that the Senate GOP was being "profligate" by proposing what he called unaffordable increases over his $120.6 billion budget plan.

"Obviously, however, the process that produced the budget was flawed."

The governor, who was criticized by government watchdogs for negotiating his first budget behind closed doors, pledged to do better next year.

Lawmakers added more than $1 billion to Spitzer's plan and forced him to dilute many of the reforms he sought to rein in spending.

Silver said Spitzer, a fellow Democrat, did well in his first budget battle.

"The governor has a tremendous set of victories here," he said.

The budget, negotiated largely in private among Spitzer and the legislative leaders and passed before details could be read, came about via a process that was "the worst ever," said Assembly Minority Leader James Tedisco, R-Schenectady.

Many of his members voted against components and the entire minority conference objected to Spitzer exerting his power to allow immediate passage of freshly printed bills by issuing "messages of necessity."

That allowed the Legislature to disband the rule that bills must be aged for three days before a vote.

"Everybody feels great, like they got this brand new platinum credit card," said Assemblyman Joseph Saladino, R-Massapequa, whose district benefited from big infusions of state aid for schools.

"But eventually the bill will arrive."

Deficits -- the difference between expected revenues and spending obligations -- will grow by $1 billion a year in upcoming fiscal years, according to the state Division of the Budget.

The projected gaps are $3.3 billion next year, $5.5 billion the year after and $7.3 billion in 2010-2011.

NY TIMES EMPIRE ZONE

April 2, 2007, 1:26 am

"A Budget Is Born"

By The Empire Zone

Gov. Eliot Spitzer leaving the New York State Assembly chamber Sunday after his budget passed. (Nathaniel Brooks for The New York Times).

Comments so far...

April 2nd, 2007 6:23 am

It is a gross injustice to all of your readers out here to feed us hype and propanganda telling us that “STEAMROLLER” Spitzer’s budget passed, when the actual details of this alleged budget are yet to be determined ….

What we have had with this first “STEAMROLLER” budget, and what we have been tracking, and detailing, and witnessing, as citizens of this state is a gross and wilful violation of OUR constitutional law here in the State of NY by this “STEAMROLLER”, and the members of the NY Legislature ….

And with respect to that process, § 5 of ART. VII of OUR NY Constitution states, with respect to the budget submitted to them by the governor pursuant to section 2 of ART. VII that:

“Neither house of the legislature shall consider any other bill making an appropriation until all the appropriation bills submitted by the governor shall have been finally acted on by both houses, except on message from the governor certifying to the necessity of the immediate passage of such a bill.”

It is our understanding that this “STEAMROLLER” improperly used “messages of necessity” to ram God alone knows what through the legislature with this budget at the very last minute, and your newspaper would be doing us all a great service by publishing each and every one of these “messages of necessity” signed by this “STEAMROLLER” so that we all can see exactly what it was that the “STEAMROLLER” was certifying as necessary, and WHY?

What emergency were we all facing, or what emergency was the “state” facing that required a “message of necessity” from the “STEAMROLLER” to the legislature?

As to the term “house” of the legislature as mentioned in ART. VII, sect. 2, that means all of its members, and not just “IRON DUKE” Joe Bruno, or Sheldon Silver, for that matter, or “Worthless Jimmy” Tedisco ….

And as to the “budget needs” of the legislature, section 1 of ART VII states:

“Itemized estimates of the financial needs of the legislature, certified by the presiding officer of each house, and of the judiciary, approved by the court of appeals and certified by the chief judge of the court of appeals, shall be transmitted to the governor not later than the first day of December in each year for inclusion in the budget without revision but with such recommendations as the governor may deem proper.”

Simple, simple language, and yet, here we all were, watching once again as the “THREE MEN IN THE BACK-ROOM” did the “Albany Budget DANCE” all over again, with everything a great big secret from us, despite the language of our constitution that mandates otherwise …

And with respect to the timing and openness and transparency of all of this, sect. 2 of ART. VII states:

“Annually, on or before the first day of February in each year following the year fixed by the constitution for the election of governor and lieutenant governor … the governor shall submit to the legislature a budget containing a complete plan of expenditures proposed to be made before the close of the ensuing fiscal year and all moneys and revenues estimated to be available therefor, together with an explanation of the basis of such estimates and recommendations as to proposed legislation, if any, which the governor may deem necessary to provide moneys and revenues sufficient to meet such proposed expenditures ….”

Sect. 2 further states:

“It (the budget submittal) shall also contain such other recommendations and information as the governor may deem proper and such additional information as may be required by law.”

Again, language that is quite simple and easy to understand, as any fifth grader out here in the countryside would tell you …

And if things were actually to have been done in this way, well, we would have had both transparency and openness in the process, since these are not “SECRET DOCUMENTS”, rather, they are public documents mandated by law in this state, and these public documents would be in the hands of EVERY member of both houses of the legislature by February 1st, 2 months ago, now, which means that they would be in the hands of the “media” and by extension, us, the people!

Now, with resepct to all of this BACK-DOOR DEALING with “add-ons” to appease all of the special interests who have access to these BACK-DOOR budget negotiations in violation of the process spelled out in plain and simple language in OUR NY Constitution, sect. 3 of ART. VII states:

“The governor may at any time within thirty days thereafter and, with the consent of the legislature, at any time before the adjournment thereof, amend or supplement the budget and submit amendments to any bills submitted by him or her or submit supplemental bills.”

The key language in that sentence, of course, is “WITH THE CONSENT OF THE LEGISLATURE”, and here is where we, the common, voiceless, powerless people out here in NYS are really being screwed, since the “legislature” in NY itself is nothing but a concept, not an actuality, and the “members” of the legislature are really nothing but a bunch of little puppets in thrall to “IRON DUKE” Joe Bruno, Shelly Silver, or in the case of Jimmy Tedisco and his bunch of puppets, in thrall to the “STEAMROLLER”, himself …

And so ….

The “STEAMROLLER” did not have to comply with any of the provisions of ART. VII of OUR NY Constitution ….

And he certanly did not have to ask the whole legislature to give him permission to “amend or supplement the budget and submit amendments to any bills submitted by him or her or submit supplemental bills”, since the legislature is nothing but a lump of putty in the hands of its BOSSES ….

So, having the legislature in thrall to him and the BOSSES, the “STEAMROLLER” just took the permission as a matter of IMPERIAL RIGHT, and then the DANCE began …

Which brings us right to the here and now, with the legislature coming back in ten days or so to approve some $170 million in “pure pork” that was added on at the last moment, in violation of our constitution ….

And so …

— Posted by Livyjr

http://empirezone.blogs.nytimes.com/2007/0...s-born/#respond

[Livyjr]

NY TIMES EMPIRE ZONE

April 2, 2007, 1:26 am

"A Budget Is Born"

By The Empire Zone

Gov. Eliot Spitzer leaving the New York State Assembly chamber Sunday after his budget passed. (Nathaniel Brooks for The New York Times).

Comments so far...

April 2nd, 2007 6:23 am

It is a gross injustice to all of your readers out here to feed us hype and propanganda telling us that “STEAMROLLER” Spitzer’s budget passed, when the actual details of this alleged budget are yet to be determined ….

What we have had with this first “STEAMROLLER” budget, and what we have been tracking, and detailing, and witnessing, as citizens of this state is a gross and wilful violation of OUR constitutional law here in the State of NY by this “STEAMROLLER”, and the members of the NY Legislature ….

And so …

— Posted by Livyjr

http://empirezone.blogs.nytimes.com/2007/0...s-born/#respond

NY POST

"DEAR ELIOT: YOU IGNORED SOUND ADVICE"

By FREDRIC U. DICKER State Editor

April 2, 2007 --

Dear Gov. Spitzer,

This is a sad follow-up to the open letter I sent you in November in the exciting, hope-filled hours before a historic landslide victory gave you a popular mandate to carry out the reforms you repeatedly promised you were all about.

I wrote then that it was urgent that you move quickly to reverse the "decay, decline, dysfunction and corruption" in state government.

I outlined a to-do list of 15 suggestions you could follow to address those problems - and deliver on your repeated pledges to turn this state around.

Maybe if you had taken some of my suggestions you could have avoided the disturbing, business-as-usual mess that engulfed and embarrassed our state during the past week - as you desperately abandoned your reform pledges in an unsuccessful effort to get an on-time budget.

Frankly, the price paid for your failure - in terms of the public's money and the severe damage to your reputation - could hardly be higher.

A budget hike three times the rate of inflation that adds an extra $1 billion to next year's projected deficit isn't the fiscally responsible budget I urged - and you promised.

The Soviet-style secrecy that defined the budget talks - along with your willingness to use "messages of necessity" to assure that neither individual lawmakers nor the public would know what was in the budget - stole the breath away from your most loyal reform-minded supporters.

My original letter urged you to rein in runaway state spending and slash the state's huge income, sales, gasoline, business and property tax burden to "make New York competitive again so that people want to move here and not leave, as they have by the millions over the past three decades."

Looking at the massive size of this something-for-everybody budget, it's obvious you didn't take that recommendation seriously.

Governor, there's plenty of time left to get your administration on the right track.

But to succeed, you're going to have to do things differently, admit your mistakes, and be open to suggestions from reform-minded people who have been around state government longer than you.

Go back and read my suggestions.

You've already shown you can do a lot worse.

fredric.dicker@nypost.com

http://www.nypost.com/seven/04022007/news/...tate_editor.htm

[Livyjr]

NY TIMES EMPIRE ZONE

April 2, 2007, 1:26 am

"A Budget Is Born"

By The Empire Zone

Gov. Eliot Spitzer leaving the New York State Assembly chamber Sunday after his budget passed. (Nathaniel Brooks for The New York Times).

Comments so far...

April 2nd, 2007 6:23 am

It is a gross injustice to all of your readers out here to feed us hype and propanganda telling us that “STEAMROLLER” Spitzer’s budget passed, when the actual details of this alleged budget are yet to be determined ….

What we have had with this first “STEAMROLLER” budget, and what we have been tracking, and detailing, and witnessing, as citizens of this state is a gross and wilful violation of OUR constitutional law here in the State of NY by this “STEAMROLLER”, and the members of the NY Legislature ….

It is our understanding that this “STEAMROLLER” improperly used “messages of necessity” to ram God alone knows what through the legislature with this budget at the very last minute, and your newspaper would be doing us all a great service by publishing each and every one of these “messages of necessity” signed by this “STEAMROLLER” so that we all can see exactly what it was that the “STEAMROLLER” was certifying as necessary, and WHY?

What emergency were we all facing, or what emergency was the “state” facing that required a “message of necessity” from the “STEAMROLLER” to the legislature?

And with respect to the timing and openness and transparency of all of this, sect. 2 of ART. VII states:

“Annually, on or before the first day of February in each year following the year fixed by the constitution for the election of governor and lieutenant governor … the governor shall submit to the legislature a budget containing a complete plan of expenditures proposed to be made before the close of the ensuing fiscal year and all moneys and revenues estimated to be available therefor, together with an explanation of the basis of such estimates and recommendations as to proposed legislation, if any, which the governor may deem necessary to provide moneys and revenues sufficient to meet such proposed expenditures ….”

— Posted by Livyjr

http://empirezone.blogs.nytimes.com/2007/0...s-born/#respond

NY POST

"DEAR ELIOT: YOU IGNORED SOUND ADVICE"

By FREDRIC U. DICKER State Editor

April 2, 2007 --

Dear Gov. Spitzer,

The Soviet-style secrecy that defined the budget talks - along with your willingness to use "messages of necessity" to assure that neither individual lawmakers nor the public would know what was in the budget - stole the breath away from your most loyal reform-minded supporters.

fredric.dicker@nypost.com

http://www.nypost.com/seven/04022007/news/...tate_editor.htm

ALBANY, NEW YORK TIMES UNION - Capitol confidential

“'Timely' But Via A 'Flawed' Process"

April 1, 2007 at 12:46 pm by Elizabeth Benjamin

That is the verdict on this budget from Gov. Eliot Spitzer and LG David Paterson, who put out a formal statement after the Senate and Assembly finished passing all the bills and high-tailed it out of town for a two-week vacation.

Spitzer and Paterson declared themselves ”pleased that lawmakers approved a timely budget that addresses virtually all of our top priorities this year.”

They also acknowledged that the budget process was “flawed,” which is an all-purpose phrase for “secretive” and “rushed,” or any other of the several dozen negative adjectives that have been used by editorial pages and good government groups to describe this budget battle.

Spitzer and Paterson said the administration will be able to “start the process sooner” next year,” providing “the time to seek greater input from lawmaker and the public.”

“We are pleased that lawmakers approved a timely budget that addresses virtually all of our top priorities this year.”

“This budget includes a major property tax reduction targeted to the middle class.”

“It provides an historic level of investment in schools through a new aid formula based on need, implements new accountability measures and expands the number of charter schools.”

“It implements sweeping reforms in health care that will help control costs while improving public health."

"This includes providing access to health care coverage to all children in New York.”

“It increases financial aid to distressed cities upstate.”

“It funds important economic development initiatives, including nanotechnology, stem cell research and broadband access, and cuts business taxes.”

“This budget is very good for the State of New York."

"Obviously, however, the process that produced the budget was flawed."

"Next year, we will be able to start the process sooner and have the time to seek greater input from lawmakers and the public.”

“We commend the leaders for working cooperatively and compromising, and we thank the respective staffs for their extraordinary effort in working around the clock during the last several days to enact a timely budget.”

Comment by John Galt — April 2, 2007 @ 7:57 am

I read all of the various blather that Rex Smith extols in his editorials as to what the purposes of a newspaper in an alleged free and supposedly democratic society really are …

And I consider his words …

And then I look for the results …

And all I really ever find is a “bunch of nothing” with respect to substantive analysis of things like this present budget process ….

To the contrary, all we seem to get from the TU in the print edition in that regard is just a bunch of regurgitated, highly misleading press releases from people like the “STEAMROLLER”, Sheldon Silver and Malcolm Smith that actually require us to be absolutely brain-dead to believe a single word that they are saying in those press releases, re-printed in the TU as “news”, when it is nothing but pure propaganda and BULL **** ….

And please, do not get me wrong as to the service that you are providing in here in this BLOG by publishing these press releases, so that they are in effect, now “frozen in time” in here, so that we all can then study their wording at our leisure to see who it was that said exactly what …

But what always happens, like topo gigio is stating right above here, is that once the press releases are issued, this “Albany crowd” then does beat feet out of town …

And the smoke clears …

Everybody then puts their thumbs back into their mouths …

Or wherever …

And we all forget that the “STEAMROLLER” and OUR state legislature just SUBVERTED our constitutional processes, blatantly, and right in our faces, as well …

And then, having forgotten the minute after the press releases are published that they are openly lying to us, after having just subverted OUR government, they are free to just keep on screwing us and screwing us and screwing us, and they do ….

For at least 20 years now, and they just did it to us again, yesterday and the day before ….

Because there is no disincentive not to do so, especially when we all just suck up this crap that is spewing from the mouths of the “STEAMROLLER”, Sheldon Silver and Malcolm “THE MOUTHPIECE” Smith in these various press releases that have just been posted in here in the last so many hours ….

The budget process was not simply flawed …

To the contrary, it was done in an apparent intentional un-lawful and un-constitutional manner that now establishes un-lawful and un-constitutional conduct by this governor with the connivance of this legislature as the “NORM” here in NYS ….

Which is the death-blow to our constitution and our BILL OF RIGHTS that the special interests buying and selling our legislature and the services of the “STEAMROLLER” every business day of the week desires ….

And so ….

By the editors of this newspaper not calling a spade by what it actually is, but passing it off instead as merely another card in a deck of many, they do not fulfill the “purposes” of a newspaper as editor Rex Smith would have us believe that they are ….

A real source of fact, truth and exposition of government corruption and subversion of OUR democratic processes here in NYS …

And so …

I have read the comment by the man they call the “Cowboy”, where he says that you people have no control over Rex Smith, and I accept that ….

But I would appreciate this post being posted in here, so at least my feelings on this issue can be made known to other concerned citizens of this state who take the time to read this BLOG …

Which is one of the few places where one get get an opportunity to see what real people out here in the countryside of NYS are really thinking …

About the absolute stink of what goes on down in Albany, IN OUR NAME, and on OUR DIME …

And so …

http://blogs.timesunion.com/capitol/?p=4285#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION BLOG

"Plot thickens in ‘Intimigate’"

March 30, 2007 at 12:32 pm by Tim Blydenburgh

A Rensselaer County judge is poised to appoint a special prosecutor to investigate allegations the GOP used city offices and equipment for campaign purposes.

Some have dubbed the scandal “Intimigate.”

Former county employee Colleen Regan, who once served as Sand Lake town supervisor, has said she was used to record an attack message at City Hall in 2005 to be used against Democrats in the elections that year.

The messages were phoned to the homes of some voters.

Regan’s affidavit said that County Legislature Majority Leader Robert Mirch, R-Troy, picked her up in a city vehicle and took her to City Hall.

In the message, she was told to pretend to be a woman named Tonya and record a message that one Democratic candidate stole money and another made sexual advances toward the fictitious woman.

Regan, in her March 13 complaint filed with the state Division of Human Rights, also alleged sexual harassment, saying she lost her job with the Republican majority of the County Legislature on Oct. 26 after resisting a supervisor’s sexual advances.

“These allegations include the use of county and city personnel and resources to engage in political activity which included the recording of two telephone messages used to fraudulently influence the outcome of an election in the city of Troy,” County Legislature Minority Leader Virginia O’Brien said Tuesday in her letter to District Attorney Patricia DeAngelis in asking for a investigation.

Mirch said the incident never happened and Regan is a disgruntled ex-employee.

DeAngelis handed the matter over to Judge Patrick McGrath who said this morning he had yet to appoint a special prosecutor.

– Bob Gardinier

Comment by John Galt — March 30, 2007 @ 8:01 pm

With respect to Bobby Mirch and these allegations above here which include “the use of county and city personnel and resources to engage in political activity to fraudulently influence the outcome of an election in the city of Troy,” at p.455 of a 600-plus page RECORD on file with the 2d Circuit Court of Appeals in NYC, there is a July 13, 2004 letter on “Chambers of the County Judge” stationary, signed by Hon. Patrick J. McGrath, County Judge, which reads in relevant part as follows:

“This will acknowledge the court’s receipt of your letter dated July 9, 2004, and the attachments thereto, all of which I have reviewed.”

“Needless to say, your allegations are disturbing, especially as they encompass potential federal, as well as state, criminal charges, in that they include, among others, an allegation of false imprisonment in a federal facility, Stratton VA Medical Center.”

This letter from Judge McGrath refers to an incident that happened on August 22, 2001 where the former Rensselaer County Environmental Health Director was “seized” in the lobby of the Stratton VA Hospital emergency room based on a fraudulent “involuntary psychiatric commitment order” that originated at Samaritan Hospital in Troy, and was then faxed to the Rensselaer County Office Building, which was “locked down” at the time, and the Office of the Rensselaer County District Attorney, from whence it made its way via fax over to the VA Police at Stratton VA Hospital, where it caused this former engineer to be taken into custody and incarcerated in the secure mental facility of the Stratton VA as an alleged “dangerous mental patient” …

Rensselaer County personnel were used to secure this fraudulent psychiatric commitment order, and to stage the bogus “lock-down”, which was witnessed by scores of people entering the lobby of the Rensselaer County Office Building on August 22, 2001, where Bobby Mirch was noted as being “in attendance” ….

That letter from Judge McGrath was simply “blown off” by the Office of the Rensselaer County District Attorney and the Office of the NYS Attorney General, and no one involved in that episode from the county staff ever had to face any charges, despite Judge McGrath’s stated concerns about violations of federal and state criminal statutes ….

Funny how it all goes, isn’t it?

And so …

http://blogs.timesunion.com/localpolitics/?p=25#comments

This post has been edited by Livyjr: Apr 2 2007, 04:16 PM

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

"Final Bills Get Messages"[/size]

April 1, 2007 at 10:34 am by James M. Odato

The final bills needed to adopt a budget received the messages of necessity from Gov. Eliot Spitzer and both chambers began the speech-making prior to passing the outstanding spending legislation on a $121 billion plan.

Assembly Republicans railed at the pace of growth in spending and the violations of open budgeting.

Senate Minority Leader Malcolm Smith, D-Queens, defended the process.

“We did have some disagreements,'’ Smith said, saying what was produced was a budget where “everybody wins.'’

He said the Legislature and governor should be “proud'’ of the result.

Assemblyman James Hayes, R-East Amherst, didn’t concur.

He said the result was a “stunning collapse.”

Comment by John Galt — April 2, 2007 @ 7:10 am

ITEM: “The final bills needed to adopt a budget received the messages of necessity from Gov. Eliot Spitzer ….”

Your newspaper would be doing us all a great service by publishing the exact language of each and every one of these alleged “messages of necessity” that are reported on right above here, or by providing us with links to these alleged” messages of necessity”, so that each and every citizen in this state can see for him or herself exactly what “emergency” we were all allegedly facing that required these bills to be rammed through our legislature at the very last minute ….

With respect to that process of using a “message of necessity”, sect. 5 of ART. VII of OUR state Constitution provides:

“§ 5. Neither house of the legislature shall consider any other bill making an appropriation until all the appropriation bills submitted by the governor shall have been finally acted on by both houses, except on message from the governor certifying to the necessity of the immediate passage of such a bill.”

CERTIFYING TO THE NECESSITY OF THE IMMEDIATE PASSAGE ….

What, pray tell, “STEAMROLLER”, was that?

Preservation of your massive ego as a “STEAMROLLER”?

Or what?

http://blogs.timesunion.com/capitol/?p=4280#comments

[Livyjr]

With respect to these “hundreds, if not thousands, of member items for passage”, sect. 7 of ART. VII of the NYS Constitution states as follows:

“§ 7. No money shall ever be paid out of the state treasury or any of its funds, or any of the funds under its management, except in pursuance of an appropriation by law; nor unless such payment be made within two years next after the passage of such appropriation act; and every such law making a new appropriation or continuing or reviving an appropriation, shall distinctly specify the sum appropriated, and the object or purpose to which it is to be applied; and it shall not be sufficient for such law to refer to any other law to fix such sum.”

So with respect to openness and transparency and accountability, not to mention the very constitutionality of any of these PORK BILLS, each and every one should be scrutinized by the press, and by the public, as well as by each “lawmaker” who votes “yes”, to be sure that the OBJECT OR PURPOSE of each appropriation is well stated, and if that takes the next ten year to accomplish, so be that …

Which brings us to perhaps the more important constitutional provision governing the expenditure of any state monies at all, which are our monies, in trust to the legislature, only, and that law is stated in sect. 8 of ART. VII of OUR NY Constitution as follows:

“§ 8. 1. The money of the state shall not be given or loaned to or in aid of any private corporation or association, or private undertaking; nor shall the credit of the state be given or loaned to or in aid of any individual, or public or private corporation or association, or private undertaking, but the foregoing provisions shall not apply to any fund or property now held or which may hereafter be held by the state for educational, mental health or mental retardation purposes.”

I suspect that if each of these PORK BILLS were scrutinized for compliance with this constituional requirement, that many or most of them would be unlawful or illegal or unconstitutional appropriations by the members of the legislature, which should then be grounds for removal from office, if not immediately, then certainly in the very next election for which they must stand ….

If members of the legislature cannot and will not uphold the provisions of OUR NY Constitution, then they are a danger and a threat to our constitutional form of government here in NYS, and for that reason, they should not be serving in OUR state government ….

http://blogs.timesunion.com/capitol/?p=4286#comments

"Half a day late, sort of - Lawmakers finish the budget just after deadline, but intend to add $1B in weeks ahead"

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

First published: Monday, April 2, 2007

"I don't remember before having this much success," Bruno said.

"We did OK."

"Half a day late, sort of - Lawmakers finish the budget just after deadline, but intend to add $1B in weeks ahead"

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

First published: Monday, April 2, 2007

"Everybody feels great, like they got this brand new platinum credit card," said Assemblyman Joseph Saladino, R-Massapequa, whose district benefited from big infusions of state aid for schools.

"But eventually the bill will arrive."

Deficits -- the difference between expected revenues and spending obligations -- will grow by $1 billion a year in upcoming fiscal years, according to the state Division of the Budget.

The projected gaps are $3.3 billion next year, $5.5 billion the year after and $7.3 billion in 2010-2011.

NY POST

"DEAR ELIOT: YOU IGNORED SOUND ADVICE"

By FREDRIC U. DICKER State Editor

April 2, 2007 --

Dear Gov. Spitzer,

The Soviet-style secrecy that defined the budget talks - along with your willingness to use "messages of necessity" to assure that neither individual lawmakers nor the public would know what was in the budget - stole the breath away from your most loyal reform-minded supporters.

http://www.nypost.com/seven/04022007/news/...tate_editor.htm

And the smoke clears …

Everybody then puts their thumbs back into their mouths …

Or wherever …

And we all forget that the “STEAMROLLER” and OUR state legislature just SUBVERTED our constitutional processes, blatantly, and right in our faces, as well …

http://blogs.timesunion.com/capitol/?p=4285#comments

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

"Final Bills Get Messages"

April 1, 2007 at 10:34 am by James M. Odato

The final bills needed to adopt a budget received the messages of necessity from Gov. Eliot Spitzer and both chambers began the speech-making prior to passing the outstanding spending legislation on a $121 billion plan.

Assembly Republicans railed at the pace of growth in spending and the violations of open budgeting.

Senate Minority Leader Malcolm Smith, D-Queens, defended the process.

He said the Legislature and governor should be “proud'’ of the result.

Assemblyman James Hayes, R-East Amherst, didn’t concur.

He said the result was a “stunning collapse.”

http://blogs.timesunion.com/capitol/?p=4280#comments

"Bruno's district reaps benefit - State budget includes more than $3 million for community projects"

By CAROL DeMARE, Staff writer, Albany, New York Times Union

First published: Tuesday, April 3, 2007

With the state budget behind him and several key spending victories under his belt, Senate Majority Leader Joseph L. Bruno unveiled more than $3 million in pork for his district on Monday, including $260,000 for the Troy-based Arts Center of the Capital Region.

The arts center grant, earmarked for improvement projects, was the largest of the member items distributed by the Brunswick Republican, according to his office.

In 1995, the center acquired five Victorian-era mercantile buildings on Monument Square and began a $5.3 million project for a multi-arts center.

So far, the basement and first and second floors have been converted into studios, a theater, and office and gallery space.

Work is planned to renovate higher floors.

Several agencies received $75,000 grants from Bruno, including the Legal Project of the Capital District Women's Bar Association, which focuses on domestic violence programs and last year helped 716 victims throughout the Capital Region.

Lisa Frisch, the Legal Project's executive director, said Bruno and the state Assembly came through in 2005 when it faced "significant funding challenges" after losing a $400,000 federal grant.

The support continues, she said.

The money will provide free legal services in Family Court and in divorce cases for domestic violence victims.

With 72 attorneys who volunteer and four staff lawyers, the grant will cover court fees and other litigation costs.

Other agencies that received $75,000 grants were the Center for Disabilities Services and the YWCA of Troy-Cohoes.

The Troy Savings Bank Music Hall received $90,000 to fund the first phase of its renovation project.

Bruno also doled out grants to various municipalities, youth sports leagues, senior programs and volunteer fire companies.

Bruno cast himself as a big winner in the budget who successfully pushed for fewer cuts to hospitals, tax rebate checks and more school aid for Long Island, a power base for Senate Republicans.

Republicans lost five Senate seats in just over two years and holds a 33-29 edge.

Bruno is also the subject of a federal investigation into his private business interests.

"My members were all going to desert and leave," Bruno said on WROW (590 AM).

"Whatever happened?"

"I don't hear that rhetoric (anymore)."

The Associated Press contributed to this report.

Here's the list of Senate Majority Leader Joseph L. Bruno's member item grants for 2007-08.

The grants total $3,042,000.

Agricultural Stewardship Association: $5,000 for Farmland Protection Project

AIDS Council of Northeastern New York: $10,000 for mental health counseling for HIV/AIDS clients and for a food pantry program

Albany Medical Center Foundation: $10,000 for Healing Arts Program for children with cancer

Altamont Program Inc.: $50,000 for transitional case management for coordination of services

Alzheimer's Association: $50,000 to fund programs and services

Arts Center of the Capital Region: $260,000 for capital improvement projects

Arvilla E. Diver Memorial Library: $25,000 to stop erosion of embankment

Averill Park Pop Warner: $9,000 to buy new helmets

Ballston Area Community Center: $25,000 for a new gymnasium ventilation system and outdoor playground equipment

Ballston Spa Soccer Club: $10,000 to continue programs

Ballston Spa, Village of: $20,000 to buy a new furnace for Union Fire Company

Big Brothers Big Sisters of the Capital Region: $40,000 for youth mentoring programs

Brunswick Bulldogs Youth Football & Cheerleading: $5,000 to purchase equipment

Brunswick Girls Softball: $7,500 to purchase uniforms and equipment

Brunswick Little League: $10,000 to purchase uniforms and equipment

Brunswick, Town of: $15,000 for lighting project at ball fields

Capital District Community Gardens: $50,000 to fund gardening education and job training center

Capital Region Action Against Breast Cancer: $10,000 to fund education and support services for breast cancer survivors and caregivers

Capital Region Youth Tennis Foundation: $5,000 for tennis programs for low-income youth

CAPTAIN Youth & Family Services: $58,000 to upgrade equipment

Castleton Volunteer Ambulance Service Inc.: $25,000 to purchase communication equipment

Castleton, Village of: $10,000 to establish a community outreach program

Catholic Charities Caregivers Support Services: $40,000 for respite services

Center for Disabilities Services: $75,000 for respite services

Chamber of Southern Saratoga County: $25,000 for computer equipment and Web site upgrades

Children's Corner Day Care Center: $10,000 for programs

Cornell University Cooperative Extension of Saratoga County: $45,000 to purchase two vehicles

East Greenbush Pop Warner: $30,000 to purchase new equipment

Families in Need of Assistance Inc.: $10,000 to serve people in need of health and welfare referrals

Girl Scouts of the Adirondack Council Inc.: $25,000 for Capital Campaign

Grafton, Town of: $50,000 to renovate meeting area in Town Hall

Greenbush Youth Soccer Club: $30,000 to fund capital improvements at soccer field

Halfmoon Fire District # 1: $17,000 to purchase a thermal imaging camera

Hoosic Valley Stampede Football & Cheerleading: $10,000 to purchase uniforms and equipment

Hope 7 Community Center: $15,000 for operation costs and to fund food pantry and children's programs

Johnsonville Volunteer Ambulance Service Inc.: $37,000 to replace pagers and buy new radios

Lansingburgh Cardinals Travel Baseball: $4,500 for league expenses and equipment

Lansingburgh Historical Society: $20,000 to repair and replace roof

Lansingburgh Independent Baseball League: $21,000 for improvements to baseball complex

Legal Aid Society of Northeastern New York Inc.: $30,000 to provide legal services to low-income residents

Legal Project of the Capital District Women's Bar Association: $75,000 for domestic violence programs

Literacy Volunteers of Rensselaer County: $14,000 for volunteer recruitment and training

Mechanicville, City of: $100,000 for economic development initiatives

Milton, Town of: $50,000 to enlarge town's community center

Mothers Against Drunk Driving: $5,000 for educational programs and volunteer training

Nassau Baseball Association Inc.: $15,000 for improvements to fields and addition of restrooms

New York Heartbreakers Travel Softball: $5,000 to purchase uniforms and equipment

North Greenbush, Town of: $100,000 for a water district project

North Hoosick Fire Department: $20,000 for a generator and equipment upgrade

Palms of the Oasis: $10,000 for programs to benefit at-risk youth

Pittstown Volunteer Emergency Corps: $15,000 to upgrade equipment

Pittstown Volunteer Fire Company: $28,000 for safety and mechanical upgrades to the pumper tanker

Quaker Springs Volunteer Fire Company: $20,000 to support farm rescue project

R.O.U.S.E (Rensselaer Organizations United for Senior Endeavors): $75,000 for mini-repair program

R.O.U.S.E: $10,000 for Nassau Senior Housing renovations

Rensselaer County Bureau of Public Safety: $28,000 for replacement generator and fuel tank for Grafton radio tower

Rensselaer County Department for Aging: $37,000 to buy two vans

Rensselaer County Department for Veterans Affairs: $54,000 to buy a handicapped-accessible van

Rensselaer County Industrial Development Agency: $20,000 for a sewer line extension

Rensselaer County Soil and Water Conservation District: $25,000 to upgrade the district's conservation field vehicle

Roarke Center: $20,000 to fund emergency assistance programs

Sand Lake, Town of: $25,000 for handicapped equipment and improvements to Town Park

Saratoga Bridges: $50,000 for family support services programs

Saratoga County district attorney's office: $50,000 for training programs and seminars

Saratoga Lake Protection & Improvement District: $30,000 for Eurasian Milfoil Project

Saratoga P.L.A.N: $100,000 for trail improvements and connections in Malta and Luther Forest

Saratoga, Town of: $15,000 to purchase communication and training equipment

Schodack Landing Fire Company: $15,000 to replace fire hoses

Schodack, Town of: $20,000 to fund emergency access systems

Sexual Assault & Crime Victims Assistance Program: $75,000 to fund sexual assault prevention and intervention programs

Shenendehowa Senior Citizens Inc.: $40,000 to fund Care Links Program for seniors

Soldier's Heart: $25,000 to fund outreach programs for soldiers returning from war

South Glens Falls, Village of: $25,000 for improvements to Coopers Cave

South Troy Little League: $15,000 to construct a T-ball field, dugouts and bleachers

Southern Rensselaer County Baseball Association: $10,000 to purchase a new septic system

Spring Youth Baseball Organization: $30,000 to make safety upgrades, buy backdrops for home plate and pave

St. Paul's Center: $25,000 to fund programs for homeless mothers and children transitioning to housing

Sunnyside Center: $50,000 for after-school and summer youth programs

To Life!: $50,000 to fund Greater Access Through Education

Troy Boys and Girls Club: $50,000 to renovate Camp Barker facilities

Troy Central Little League: $10,000 to replace a fenced-in backstop for home plate

Troy Flag Day Parade Committee: $10,000 for 40th annual parade costs

Troy Savings Bank Music Hall: $90,000 to fund phase one of renovation project

Twin Town Senior Baseball Club Inc.: $15,000 to construct practice cages and improve field

Unity House: $45,000 to fund Unity House Law Project serving domestic violence victims

W.B. Neilson Hose Company No. 4, Mechanicville Fire Department: $22,000 to purchase new firefighting equipment

Waterford Fordians Summer Baseball League: $20,000 to purchase a new batting cage, uniforms and equipment, and for field improvements

Waterford Rescue Squad: $5,000 for two new stair chairs for patient transport

Waterford Town Police Department: $10,000 to purchase four new automated external defibrillators for police units

Waterford, Town of: $60,000 for repairs to municipal swimming pool

World Awareness Children's Museum: $50,000 to fund its capital campaign for building, purchasing and renovation costs

YWCA of Troy-Cohoes: $75,000 to fund its women and children of the community programs.

http://timesunion.com/AspStories/story.asp...wsdate=4/3/2007

[Livyjr]

NY POST

"DEAR ELIOT: YOU IGNORED SOUND ADVICE"

By FREDRIC U. DICKER State Editor

April 2, 2007 --

Dear Gov. Spitzer,

This is a sad follow-up to the open letter I sent you in November in the exciting, hope-filled hours before a historic landslide victory gave you a popular mandate to carry out the reforms you repeatedly promised you were all about.

I wrote then that it was urgent that you move quickly to reverse the "decay, decline, dysfunction and corruption" in state government.

Maybe if you had taken some of my suggestions you could have avoided the disturbing, business-as-usual mess that engulfed and embarrassed our state during the past week - as you desperately abandoned your reform pledges in an unsuccessful effort to get an on-time budget.

Frankly, the price paid for your failure - in terms of the public's money and the severe damage to your reputation - could hardly be higher.

The Soviet-style secrecy that defined the budget talks - along with your willingness to use "messages of necessity" to assure that neither individual lawmakers nor the public would know what was in the budget - stole the breath away from your most loyal reform-minded supporters.

http://www.nypost.com/seven/04022007/news/...tate_editor.htm

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG

Comment by gecannonphd — April 2, 2007 @ 6:12 pm:

I do find his letter to the Gov. somewhat pompous.

Gov. Spitzer is the governor and Mr. Dicker is a reporter.

Unless we ignore status,position, and clout, Mr.Dicker is not at the same level as the Governor.

Comment by John Galt — April 3, 2007 @ 7:25 am

As Sallust said: “Only a few preferred liberty; as for the rest, all they wished for was a kind master” ….

And obviously, gecannonphd is in the latter category with this most ridiculous assertion that somehow, in some undefined way, as governor, this “STEAMROLLER” is up on some “high pedestal”, like a Persian diety, Ahura Mazda, perhaps, with people like gecannonphd on their faces around the pedestal of his statue with their faces firmly into the dirt, as is proper of real slaves …

With accomplished grovelers and dirt eaters and bootlickers here in NYS like this gecannonphd in the vocal majority here in NYS, it’s no wonder all these foreign TAY-RISTS have arrived at the conclusion that America is chock full of cowards who the TAY-RISTS could go through in a matter of hours, like **** through a goose …

I hope the descendents of Alaric and his crowd aren’t out there listening in ….

With people around like this gecannonphd, NY wouldn’t even last the day or two that Rome did at its end, before throwing open its gates, so that it could be devoured in rape and flames …

And so …

My God, how DARE that Fred Dicker, a mere scribe, actually get up off of all fours, and make an assertion to “STEAMROLLER” Spitzer, who is so far above us all, that all we can see of him is his penumbra on the horizon, like the light of God, or god, him or herself ….

Shame, shame on Fred Dicker …

Yeah, right, gecannonphd ….

http://blogs.timesunion.com/capitol/?p=4288#comments

[Livyjr]

FROM THE ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG ...

Comment by Roger Murdock — April 3, 2007 @ 8:20 am:

The goals Governor Spitzer has established are not purely in the domain of the budget process.

Those of us who are old enough to remember the years before Pataki used the budget to take public policy hostage know that what the Governor is trying to accomplish are public policy changes that should be effectuated in the three months of session post-budget.

Work to change the programs now, and then negotiate the next budget to fulfill the financial aspect of those changes.

These policy changes can be made in an open, negotiated atmosphere, with public hearings, town hall meetings and real debate.

The budget process becomes cleaner and easier when it is about funding programs and not re-writing policy.

Comment by John Galt — April 3, 2007 @ 4:57 pm

Roger Murdock, whoever you are, thank you for stating this truth so succinctly ….

“The goals Governor Spitzer has established are not purely in the domain of the budget process” …..

Which means exactly as you are stating, NO POLICY CRAP AT BUDGET TIME ….

Just the facts, the numbers, the hearings, etc., just as the process is spelled out in Article VII of OUR constitution, which, with respect to the state budget process, is just as binding on the “players” as the rules printed on the inside of the box cover to a game of Monopoly are binding on the players of that game, if you don’t want your eye to be blackened by someone else because you are a cheater …

I myself have lived through a slew of governors, with Nelson Rockefeller in there at one time, and a bunch of others whose names really do escape me right now, because they were not all that memorable, which I see as a desirable trait in a NY governor …

Out of sight, out of mind, someone who is down there, “taking care that the laws are faithfully executed”, which is the duty of the NY governor per OUR constitution …

And then, we got into Mario Cuomo, with his pet shill, Dr. Arnold Chartock, and then Pataki, and now this LORD AHURA MAZDA CORNBURY STEAMROLLER Spitzer ….

And along the way, certainly starting with young Andy Cuomo’s dad, Mario, as I recall it, a “new generation” started coming “into power” down there in Albany, and all of a sudden, constitutional process went right out the window, and back then, of course, there was really no way for “common people” to do much about it ….

Our voices had no way of being heard, even in our own communities, and there was no way that someone from Rensselaer County, where I am, would likely know what someone in Schenectady County was thinking, unless it so happened that one had family or relatives out that way …

So we were then powerless, because to “organize” people, you had to have means far beyond what the common person then had available, and so, constitutional process went out the window, and it was replaced by this farce which we have right now, today, and what has happened is that the farce has become, “THE ONLY GAME IN TOWN” ….

And those who “play the game”, as a part of their own livelihoods defend the game, especially Joe Bruno’s crowd over here, who in the words of Bruno “constituent consultant” Robert “BOBBY” Mirch in the TU local politics BLOG, consider politics a “blood sport” ….

http://blogs.timesunion.com/localpolitics/?p=15

Which it is over here, thanks to them, and we are where we are right now, with these politicians openly looting our state treasury, and then charging us for the looting they are doing by handing us the bill ….

And people continue to not only accept this crap, but they go the one step further and defend it, except for you ….

Yours is the first coherent analysis of the present situation that I have read in here, with respect to this issue of policy, and for that, as an older person who longs for peace, quiet, law, and real order in my life, and in my community as it used to be, back when we had some law here in NY, I thank you for that …

http://blogs.timesunion.com/capitol/?p=4301#comments

[Livyjr]

NEWSDAY

"AP New York - Republican Bruno crowing over new budget"

By MARC HUMBERT, AP Political Writer

April 2, 2007, 12:58 PM EDT

ALBANY, N.Y. -- The state Legislature's top Republican was crowing Monday over a new state budget he and GOP colleagues managed to stuff with more money for areas of the state crucial to his party's interests.

"Whatever happened?"

"Two months ago my days were numbered," said state Senate Majority Leader Joseph Bruno.

Bruno's comments, during a radio interview, came less than a day after the Republican-led state Senate and Democratic-controlled Assembly completed work on a new state budget that could well top $121 billion once the ink is finally dry.

Democratic Gov. Eliot Spitzer hailed the spending plan as a major advance in his drive to move the state toward a more fiscally responsible status by limiting the growth of Medicaid spending and implementing new education aid formulas.

Others had a different view.

James Tedisco, the Assembly's Republican minority leader, said that despite Spitzer's record-setting election win in November, he wound up being taken to the cleaners by Bruno and Assembly Speaker Sheldon Silver, a Manhattan Democrat, in the first budget battle of his administration.

"He couldn't hold the line this year on spending."

"He illustrated to the (legislative) leaders out here and to the press out here he can be rolled and that's a very bad precedent," the Schenectady Republican said during an interview with Albany's WROW-AM radio where Bruno was also interviewed.

The new budget, for the state fiscal year that began on Sunday, is expected to raise state spending by about 9 percent, almost three times the rate of inflation.

Tedisco said the heavy spending will "endanger the economy of the state for years to come."

Not so, said a Spitzer aide when asked about the Bruno and Tedisco comments.

"When the dust settles, people will see that the budget accomplishes many positive things for the people of this state, starting with its historic investment in education that's linked to important reforms - a new aid formula and accountability measures," said Spitzer spokeswoman Christine Anderson.

Tedisco said Spitzer's lofty goals of bringing about major fiscal reform had fallen victim to the "twin buzz saws" of "the insatiable spending levels of the New York state Legislature" and special interests groups.

Tedisco said Bruno and Silver were to blame for that.

Bruno, defending the higher spending he and Silver managed to tuck into the budget for schools, hospitals and nursing homes, said Tedisco was being too negative and that was a reason the Assembly GOP had so few seats.

"I like Jimmy a lot, but it's the negative attitude that has caused them to lose members every time they run and that's a problem" said Bruno.

Republicans have just 42 seats in the 150-member Assembly.

For Bruno, the budget's increased school aid for Long Island and heftier property tax rebate checks that are politically popular in upstate New York, both traditional GOP strongholds, gave him a chance to strut a bit after some setbacks of his own.

Bruno has seen his own GOP ranks thinned in recent elections - Republicans have lost five Senate seats in just over two years and now hold a 33-29 edge there - and he is also the subject of a federal investigation into his private business interests.

"My members were all going to desert and leave," Bruno said Monday. "Whatever happened?"

"I don't hear that rhetoric (anymore)."

Spitzer began a statewide budget-promotion tour Monday with a stop in New York City to trumpet the higher state spending on schools.

Under the new budget, state aid to local schools will grow by more than 10 percent to almost $20 billion.

http://www.newsday.com/news/local/wire/new...egion-apnewyork