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

[Livyjr]

"A fight looms over reform - As lawmakers reject calls to alter campaign finance rules, the governor vows he'll take the battle to GOP home districts"

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

First published: Tuesday, April 24, 2007

ALBANY -- Gov. Eliot Spitzer, aka "The Steamroller," hit a speed bump Monday in his push to reform state government when he was rebuffed by lawmakers who say they won't adopt his call to overhaul campaign finance rules.

Spitzer nonetheless vowed to plow ahead, saying he would take the fight to Republican senators in their home districts, where he would characterize them as standing in the way of change for the better.

"We will continue to work ... vigorously, even more vigorously throughout the state before every citizens group, before every community board, in every Senate district, let me repeat that, in every Senate district, to reveal to the state of New York who is and who is not for reform."

Speaking at a late afternoon news conference, Spitzer said, "Senators should be forced to answer the question of 'Why did you not support this bill?' "

The governor's remarks came after Senate Majority Leader Joseph L. Bruno said his conference has a "fundamental, basic problem," with limiting campaign contributions.

Such limits, Bruno contends, would violate constitutional free speech provisions.

"Freedom of expression, freedom of speech" would be trampled on with finance limits, said Bruno.

He later complained that Spitzer was "stuck in campaign mode and appears ready to fly around the state to attack members of the Legislature."

Monday's confrontation between Spitzer, a Democrat, and Bruno, the state's top Republican, ended weeks of negotiating by the governor, who has made overhauling campaign finance one of his top priorities.

Just before lawmakers went into session on Monday, Spitzer threw down the gauntlet, saying their approval or disapproval of revamping finance rules would be a telling moment.

"Today is the day that the Legislature will show its true colors," he told a group of government reform advocates who traveled to Albany in support of the governor's bill.

With finance overhaul off the table for now, Spitzer didn't say when he would travel to the senators' home districts or which ones he might target in particular, or whether he would wait until the Legislative session ends in late June.

While stressing that he didn't see Monday's lack of a bill as a defeat, the threat to travel to Republican Senate districts echoed his earlier battle with lawmakers over selection of a new state comptroller -- a battle he lost.

In that episode last winter, lawmakers, including most Assembly Democrats, ignored the governor's choice and instead chose Tom DiNapoli, an assemblyman at the time.

Following that, Spitzer traveled to some legislative districts and harshly criticized lawmakers who voted against him.

Campaign finance overhaul is arguably more momentous than a vote for comptroller, since it could change elections for years to come.

Spitzer wanted legislation that would lower the amount that office-seekers can accept from a single donor and curb donations by political action committees.

The largest PACs, he said, now give more than $1 million a year to candidates.

He also wanted to cut down on "soft money," which Spitzer said was a massive loophole allowing political parties to amass and spend enormous sums.

One of the main stumbling points with the Republicans, Spitzer said, came over limits on Limited Liability Corporations, or LLCs, which are each counted as separate entities and are used by wealthy individuals to far exceed their limits.

Bruno also raised the prospect that rich candidates, who wouldn't need campaign funds, could gain an unfair advantage.

Assembly Speaker Sheldon Silver raised that issue as well, although Spitzer said his bill included a mechanism that would allow higher limits for those running against self-funded candidates who spend more than a certain amount.

Bruno came out squarely against Spitzer's changes, and Silver, when speaking with reporters, also was cool to the idea.

Despite that, Spitzer placed the blame for Monday's failure on the Republicans.

Spitzer contends that without finance changes New York would continue to be hobbled by cash-wielding special interests.

"Our state government is an obstacle to change in a rapidly evolving and increasingly competitive world," he said, adding that "we struggle mightily with even baby steps toward reform."

Rick Karlin can be reached at 454-5758 or by e-mail at rkarlin@timesunion.com.

What Spitzer wants

Here are the key points Gov. Eliot Spitzer has been pushing on campaign finance reform:

Lower caps on contributions to candidates.

Limits to statewide candidates such as governor, for example, would fall to $15,000 from $55,800.

Overall contributions to individuals would drop 25 percent to 80 percent, depending on the race.

Limit to $5,000 the amount corporations can give within a year.

Ban corporate subsidiaries and Limited Liability Corporations from making contributions.

Currently, companies and wealthy individuals can set up numerous subsidiaries and LLCs, each subject to its own limits.

A $50,000 cap on soft money.

Political parties can use this "housekeeping" money to support candidates in various ways, which Spitzer contends is a large loophole.

A limit of $350,000 per year on political action committees.

The largest PACs, such as those for teacher unions or the state medical society, typically give more than $1 million a year, and there are currently no limits.

Adding a fifth member to the state Board of Elections, which could break the 2-2 gridlock that now results from having two Democrats and two Republicans.

[Livyjr]

NY TIMES EMPIRE ZONE

April 24, 2007, 1:16 pm

"Spitzer on the Warpath"

By Danny Hakim

Wasting no time after his campaign finance reform proposal blew up yesterday, Gov. Eliot Spitzer started his promised Senate-bashing tour in the upstate district of Senate majority leader Joseph L. Bruno this morning, meeting with the editorial board of The Troy Record.

“It was close to my office and just happened to be a Senate district where the senator has not been in favor of the bill,” the governor quipped after the meeting.

While he sounded somewhat conciliatory after the meeting, even holding out some an agreement could still be worked out, his annoyance flared at an event later in Schenectady when he was told of some of the comments Mr. Bruno made during a press conference this morning.

Told that Mr. Bruno had essentially called him a spoiled rich kid, he said “once again Joe Bruno’s arguments are right on point.”

“I would say it’s time for Joe Bruno to answer a simple question,” he added.

“Mr. Bruno, why did you say directly to me, we cannot survive without L.L.C. money?"

"Answer that question, Senator.”

Mr. Spitzer had sought to ban donations through limited liability companies, or L.L.C.s, which have been routinely used by wealthy donors to exceed contribution limits.

Told that Mr. Bruno had offered to debate him anywhere, anytime on campaign finance reform, the governor said, “We’ll get back to him on that one.”

The event in Schenectady was in the district of another Senate Republican, Hugh Farley.

The governor spoke on the steps of City Hall, with representatives of various government watchdog organizations lining one side and local Republicans lining another.

Oddly, Schenectady Mayor Brian Stratton was not present, even though Spitzer’s camp has been looking at supporting him in a potential bid to unseat Mr. Farley.

The governor said he would continue his tour tomorrow in Nassau County, home to Deputy Majority Leader Dean G. Skelos.

Comments so far...

April 24th, 2007 7:24 pm

I was born in Rensselaer County at the end of WWII, and I hate to burst any of the “STEAMROLLER’S” bubbles for him, but the Troy Record has absolutely no credibility at all in Rensselaer County, so he can waste all the wind he wants to, talking to that rag, and it won’t do him a lick of good in trying to convince us countryfolks with long memories out here in Rensselaer County that he is not as big a part of what is wrong in Albany, and maybe even more so than “IRON DUKE” Joe Bruno, who only has the power in Albany that people like “STEAMROLLER” Spitzer and the Troy Record cede to him, despite our state Constitution, which interestingly, you never hear “STEAMROLLER” Spitzer talking about, unless it is in terms of altering its present provisions to “gut” it, which would render it absolutely worthless to us countryfolks who are sick and tired of self-serving career politicians like “STEAMROLLER” Spitzer and “IRON DUKLE” Joe Bruno!

Had “STEAMROLLER” Spitzer not been state AG, and had he not taken the positions on issues of importance to us in Rensselaer County, on behalf of “IRON DUKE” Joe Bruno in his capacity as Joe Bruno’s “state lawyer”, that he did, perhaps “STEAMROLLER” Spitzer might have a shred of credibility over here in Rensselaer County today!

But he was Joe Bruno’s lawyer, and his words and deeds on behalf of Joe Bruno and against our interests are a matter of record up here, in hundreds of pages of court records, as well as in the pages of the upstate Albany Times Union.

And so …

Our thought up here today is that by beginning this latest “ATTACKING TOUR” of his over here in Rensselaer County, “STEAMROLLER” Spitzer has gone into the initial stages of that “burn-out” and “melt-down” which that Mr. Mondello predicted for him, some time back …

And with respect to Joe Bruno calling the “STEAMROLLER” a “spoiled rich kid”, if you were to come up here into the country, and take a poll at the various convenience stores and coffee shops and such where the local people go, you would hear a lot of agreement with Joe Bruno on that, even from people who can’t stand Joe Bruno, since he has gotten rich and spoiled, himself …

And so …

— Posted by Livyjr

http://empirezone.blogs.nytimes.com/2007/0...on-the-warpath/

[Livyjr]

"Albany principal charged with larceny"

By MICHELE MORGAN BOLTON, Staff writer, Albany, New York Times Union

Last updated: 1:11 p.m., Wednesday, April 25, 2007

ALBANY - The principal of the city school district's Abrookin Vocational Tech Center was just arraigned on charges he stole about $40,000 from the Rensselaerville Library, where he is a board member with check-writing authority.

David Bryan, 52, of Rensselaerville, is also being investigated for a possible connection to another $8,000 missing from the Rensselaerville Trinity Church, where he is a member and also holds a leadership position, sheriff's officials said.

Bryan, who ran unsuccessfully for town supervisor in 2005, pleaded not guilty to charges of third-degree grand larceny during an appearance before state Supreme Court Justice Joseph C. Teresi.

He returns to Town Court on Monday

[Livyjr]

"Blog: Assemblyman charged with DWI"

Albany, New York Times Union

Last updated: 11:53 a.m., Wednesday, April 25, 2007

ALBANY - State Assemblyman Karim Camara, D-Brooklyn, was charged early Wednesday morning with driving while intoxicated and speeding while driving along Central Avenue, Albany police said today.

[Livyjr]

NEW YORK DAILY NEWS

"GOPers greedy & gutless, sez Spitz"

BY JOE MAHONEY

DAILY NEWS ALBANY BUREAU CHIEF

Wednesday, April 25th 2007, 4:00 AM

SCHENECTADY, N.Y. - Gov. Spitzer lashed out at state Senate Majority Leader Joe Bruno and his Republican colleagues yesterday, saying they're so covetous of campaign cash they're blocking his efforts to reform how state elections are financed.

Taking his fight to the home districts of GOP senators as promised, Spitzer asked Schenectady County voters yesterday to question their representative, state Sen. Hugh Farley, about why he didn't have the "courage" to end the flow of campaign cash.

"Things will change only when citizens ... ask their elected representatives, 'Whose side are you on?'" Spitzer said.

"It's a simple question."

"Are you on the side of big money ... or are you on the side of democracy and transparency?"

Bruno said the reforms would make the election process affordable to only the wealthiest candidates.

http://www.nydailynews.com/news/2007/04/25..._sez_spitz.html

[Livyjr]

NEW YORK DAILY NEWS DAILY POLITICS

In the NEW YORK DAILY NEWS article "GOPers greedy & gutless, sez Spitz" by JOE MAHONEY, DAILY NEWS ALBANY BUREAU CHIEF, Wednesday, April 25th 2007, 4:00 AM, "STEAMROLLER" Spitzer was quoted as follows:

"It's a simple question."

"Are you on the side of big money ... or are you on the side of democracy and transparency?"

Well, quess what, "STEAMROLLER", that question applies to you, as well, and WE, THE PEOPLE would like to hear your own answer to that question, Eliot!

So tell us, Mr. Governor "STEAMROLLER", what side are you on?

And before you make a hasty answer, Mr. "STEAMROLLER", and get yourself all caught up in a great big lie, let me help you refresh your own memory here, by quoting to you from an informative news article on the subject of your own addiction to big money that was the subject of a Friday, December 12, 2003 story by Matthew Cox, Bloomberg News, entitled "Fund-raiser nets Spitzer $2 million - luncheon for likely gubernatorial candidate attracts hedge fund managers, lawyers" wherein is stated:

New York State Attorney General Eliot Spitzer collected more than $2 million at a political fund-raiser, with hedge fund managers and lawyers among the big donors, and said HE COULD ACCEPT CAMPAIGN FUNDS FROM THE INVESTMENT COMMUNITY WITHOUT COMPROMISING HIS ENFORCEMENT ROLE.

Spitzer, the leader of investigations into Wall Street conflicts of interest and mutual fund trading, has said he is interested in running for governor in 2006.

Though he hasn't officially declared his candidacy, Thursday's fund-raiser was Spitzer's biggest ever.

His investigations of "certain aspects of the securities market doesn't mean there can't be or shouldn't be contributions from anybody within that sector, any more than it would mean because we bring consumer-type cases, no consumer manufacturer could contribute," Spitzer told reporters.

He said his campaign committee has "a very careful vetting process" to avoid accepting gifts from donors under scrutiny by his office.

A Spitzer campaign aide who declined to be identified said hedge funds, lawyers AND THE REAL ESTATE INDUSTRY were among his LEADING SOURCES of campaign MONEY.

The luncheon at the Sheraton New York Hotel drew hedge fund manager Daniel Nir of Gracie Capital LP, who with his wife, Jill Braufman, donated $50,000 in June; Cablevision President James Dolan; Miramax Film Corp. co-chairman Harvey Weinstein, and Melvyn Weiss, one of several lawyer donors who has sued securities firms for investors based on Spitzer's investigations.

"There are a lot of hedge funds that have not been trading the way the naughty ones have," said Roy Smith, a professor of finance at New York University.

"THEY WOULD LOVE TO HAVE MR. SPITZER INVESTIGATE ALL THEIR COMPETITION that's been too aggressive."

Spitzer's investigative work "gives investors a sense that someone's keeping an eye on what's in their best interest," said donor George Fox, founder of Titan Advisors, a hedge fund consultant.

Cynthia Darrison, managing director of the Spitzer campaign committee, said that the event attended by nearly 700 people generated more than $2 million.

"This is meant as a preemptive strike" with 35 months to go until the election, said Douglas Muzzio, professor of public affairs at Baruch College in New York.

"He's saying 'I can raise huge amounts of money.'"

end quotes

Now, Mr. Governor "STEAMROLLER", that is indeed you that this Douglas Muzzio is talking about, right above here, and from what he is saying about you, it would appear that YOU are the one on the side of big money, and not the side of transparency and democracy!

So, Mr. Governor "STEAMROLLER", can you help us out here?

Can you clarify this matter for us?

Have YOU changed since that article was written?

Have YOU turned your back on all of these big donors of your own that are listed in this above news story?

Are YOU no longer saying to us that YOU can raise huge amounts of money?

And what was it that made you see the light of day yourself, so that you changed your own ways with regard to BIG MONEY, as you are asking these other politicians to do?

Can you help us out here, Mr. Governor, to understand where YOU really are with respect to this matter of BIG MONEY?

And so ...

Posted by: John Galt | April 25, 2007 7:16 PM

http://www.nydailynews.com/blogs/dailypoli..._the_day_9.html

[Livyjr]

NY TIMES

"Spitzer Visits Bruno Turf to Push Campaign Reform"

By DANNY HAKIM and MICHAEL COOPER

Published: April 25, 2007

TROY, N.Y., April 24 — Gov. Eliot Spitzer traveled Tuesday to the district of the Senate majority leader, Joseph L. Bruno, on the first stop of a statewide tour to blast Senate Republicans for scuttling his plan to overhaul campaign finance regulations.

“It was close to my office and just happened to be a Senate district where the senator has not been in favor of the bill,” the governor said, tongue in cheek, after meeting with the editorial board of The Troy Record here, in the heart of Mr. Bruno’s district.

Later in the morning, Mr. Bruno came out swinging at a press conference in the capital, portraying the governor as an out-of-touch rich guy, a hypocrite who raises big bucks while trying to limit contributions, the head of an administration beset by “alleged corruption” and someone who is failing to bring jobs to upstate New York.

And that was in a news conference that lasted less than 15 minutes.

“Does this governor think he’s going to get a result on campaign finance reform by — what, by doing what — by having a tantrum?” Mr. Bruno asked.

The governor, speaking at another press conference in Schenectady shortly after noon, turned icy when told of Mr. Bruno’s comments.

“Once again, Joe Bruno’s arguments are right on point,” he said.

“There is haze and smog surrounding the capital today, and that smog could have been lifted had the members of the Republican majority in the State Senate opted to embrace campaign finance reform,” he said, adding,

“I am embarking today on an effort to go to the public across the state to say we can do better.”

The day reinforced that the volatile relationship between the governor and Mr. Bruno, the state’s top Republican, is on the rocks again, with the governor openly agitating to upend the Republicans’ two-seat majority in the 62-member Senate.

The governor appeared at the news conference with Assemblyman Paul D. Tonko, a Democrat now favored by party officials to run against Senator Hugh T. Farley, a Schenectady Republican, in 2008.

Mr. Tonko was noncommittal when asked if he was considering a run for Senate.

Mr. Spitzer called Mr. Farley “a nice gentleman, a good man, but somebody who is fundamentally wrong on this issue.”

Mr. Farley, in a written statement, said “the Governor’s ‘campaign financing reform’ will ensure that only people with great personal wealth — such as Governor Spitzer and Mayor Bloomberg — can afford to run for public office.”

He and other Republicans continued to try to use the governor’s family fortune against him, accusing him of trying to create a system that would favor rich candidates.

The governor and his aides countered that their proposal included a special amendment that would allow candidates to exceed the regular contribution limits if they are running against a self-financed opponent.

Republicans also accused the governor of trying to trade a legislative pay raise for campaign finance reform.

The governor’s aides denied that, though the governor himself has said for some time that he would reward lawmakers with a pay raise only if they agreed to make many of the changes he has proposed on a number of fronts.

On campaign finance, the governor had proposed lowering contribution limits from $55,800 for statewide candidates to no more than $15,000, which is still much more than is allowed in federal or New York City elections, and also reducing limits for legislative candidates.

He would have put the first limits on total contributions that political action committees could make, holding them to the still lofty sum of $350,000 a year.

The governor and his aides said the sticking point was over banning donations by limited liability companies and corporate subsidiaries, which wealthy donors and corporations routinely use to circumvent contribution limits.

“I would say it’s time for Joe Bruno to answer a simple question,” the governor said today.

“Mr. Bruno, why did you say directly to me, we cannot survive without L.L.C. money?"

"Answer that question, Senator.”

(Asked why he does not support banning contributions from such companies, Mr. Bruno answered, “Life, liberty and the pursuit of happiness.”)

Republicans have chafed at the comments because the governor used L.L.C.’s to raise substantial amounts of money, more than $3 million over four years, according to analysis by Common Cause New York, a group that supports the governor’s proposal to ban such donations.

In the Legislature, Senate Republicans have led the way in accepting such donations; the Senate Republican Campaign Committee raised nearly $580,000 last year from such companies.

http://www.nytimes.com/2007/04/25/nyregion...amp;oref=slogin

[Livyjr]

"Data: Graduation rates low, rising too slowly"

By MICHAEL GORMLEY, Associated Press

Last updated: 5:23 p.m., Wednesday, April 25, 2007

ALBANY -- Nearly a third of New York students aren't graduating on time as it's become increasingly common for pupils to spend five and six years in high school, according to statewide data released Wednesday.

Even after six years, more than a quarter of students who entered high school in 2000 still hadn't graduated.

And 44 percent of students in the big five city districts were still without diplomas after six years.

The latest state Education Department data also raised a new question: Why is it more likely a female will graduate than a male?

Statewide, 71 percent of females graduated in four years, compared to 62 percent of males.

The data is consistent in urban, rural, rich and poor and suburban schools.

Why?

State Education Commissioner Richard Mills said the data doesn't give indications yet, but it's a finding that should lead to further analysis to help overall student performance.

As a whole, improvement in graduation rates "is too low, it's too slow and the range is too great" between wealthier schools and those in poverty, Mills said.

"There is dramatic, urgent need to change these results."

Stronger improvement, however, is seen in New York City.

While just 50 percent of students in the massive system graduate in four years, that's a steady climb from 44 percent three years before.

"I know it's real because I've visited so many schools," Mills said.

"New York City has a systemic approach to raising achievement ... there is just a very determined effort, persistence and focus on the outcome that really makes a difference."

He wouldn't say if he thinks Republican Mayor Michael Bloomberg's greater control of the schools has played a role in the improving graduation rates.

But he noted Bloomberg and his schools chancellor, Joel Klein, have "intensity," consistency in their messages, and work as a team.

"Today's results powerfully demonstrate that, as a result of the school reforms New York City has made, more students are graduating from our public schools than at any time in decades," Bloomberg said.

"But we can not be satisfied with this progress, and we will continue working to give every New York City public school student a real chance to graduate and be successful."

But the same progress isn't evident in the state's other big city districts in Buffalo, Rochester, Syracuse and Yonkers.

After four years, just 45 percent of students who entered high school in 2000 graduated, a decline from 49 percent three years before.

After five years, just 53 percent had graduated, down from 55 percent the year before.

Overall, Mills said the data shows "trouble ahead."

"It's not about numbers," Mills said.

"It's about youngsters becoming adults, adults who are good citizens, prepared to work in a real world global economy, people who can be relied upon by their neighbors, who have the character and knowledge to raise their own children."

"That's what we're doing here."

Also Wednesday, the state's largest teachers' union attended its annual convention in Washington, D.C., and took the opportunity to question the amount of testing and data crunching done by the state and federal education departments.

New York State United Teachers said No Child Left Behind -- the federal education reform act that holds districts, schools and teachers accountable for student performance -- forces them to "teach to the test," rather than using a wider, more effective approach.

The union also said its members feel pressured by principals, administrators, schools boards and news media to raise test scores.

The Board of Regents has said teachers shouldn't "teach to the test," instead, they should creatively teach so students thoroughly understand the subject and by extension meet the state's standards in exams.

"We need to look at the numbers and we need them to drive change," Mills said.

------

Associated Press Writer Sara Kugler contributed to this report from New York.

On the Net:

State Education Department http://www.nysed.gov

http://www.nysut.org

[Livyjr]

THE NEW YORK POST

"SUPPORTERS BUYING TIME WITH SPITZER"

By KENNETH LOVETT Post Correspondent

April 26, 2007 -- ALBANY - Gov. Spitzer is granting special access to supporters - called "Trustees" - who raise a $1 million for his 2010 campaign, The Post has learned.

Spitzer, who is traveling the state bashing the Republican-controlled Senate for rejecting a campaign-finance reform measure, is at the same time asking prospective donors to join his 2010 re-election finance committee and providing different fund-raising targets.

Someone who pledges to raise $25,000 by Election Day, 2010, is designated a "Friend" and will be invited to quarterly finance-committee meetings with the governor while also receiving periodic conference-call updates with Spitzer and the campaign staff, according to a mailing obtained by The Post.

The levels, and rewards, increase until someone can become a Trustee by pledging to collect $1 million for the Democratic governor.

Trustees are promised a complete package that includes a semiannual lunch with the governor and an annual barbecue with Spitzer and First Lady Silda Wall Spitzer at their upstate farmhouse.

Anyone committing to raise at least $250,000 can attend an annual holiday party with the first couple, while raising at least $100,000 gets a person listed in the honorary program and complimentary admission for all major fund-raising events.

The letter notes the voluntary fund-raising limits that Spitzer has adopted for himself that must be adhered to, including a $10,000 limit on personal contributions and a $5,000 corporate limit that restricts additional donations from subsidiaries and limited-liability corporations.

Republicans called Spitzer a hypocrite for traveling the state attacking them for not backing campaign-finance reform while at the same time asking people to raise millions of dollars for him with the promise of access.

"The Lincoln Bedroom?"

"This is the Lincoln Hotel," Sen. Vincent Leibell (R-Dutchess) fumed in reference to the Clinton administration's offering of stays in the White House to campaign donors.

"This is pay to play, big time," Leibell said.

"New York state deserves better than this."

Having individuals raise large amounts for a candidate - known as bundling - is not uncommon, particularly since federal campaign-finance reform was enacted several years ago.

President Bush in the last cycle deemed anyone who raised at least $200,000 as "Bush Rangers" and at least $100,000 as "Bush Pioneers."

But in Spitzer's case, the fact his target levels dwarf anything seen to date and that he has made campaign-finance reform a top priority has raised the ire of some.

"In my time here, no one has come close to these numbers," Leibell said.

"To go around the state talking about campaign-finance reform and then asking people to raise this type of money for you is the ultimate height of hypocrisy."

Spitzer has already raised eyebrows regarding his June 7 fund-raiser for his 48th birthday in which those who pledged to raise at least $25,000 for the event would attend a VIP reception and a private dinner with the governor.

Those who raise at least $100,000 would receive four seats at the private dinner.

In addition, Spitzer agreed to participate in a fund-raiser for the state Democratic Party that promises those who donate $25,000 entrance to a "VIP" reception with the governor.

Spitzer has said that while he voluntarily will adhere to stricter limits he doesn't expect others to necessarily follow without a new law in place.

"Unfortunately, Governor Spitzer's actions make it clear that he thinks there are two sets of rules: one for him and another for everyone else," state GOP Chairman Joseph Mondello said yesterday.

kenneth.lovett@nypost.com

http://www.nypost.com/seven/04262007/news/...rrespondent.htm

[Livyjr]

NEW YORK DAILY NEWS DAILY POLITICS BLOG

State GOP Chairman Joseph Mondello has it dead-wrong in his statement in the NEW YORK POST story "SUPPORTERS BUYING TIME WITH SPITZER" by KENNETH LOVETT Post Correspondent that:

"'Unfortunately, Governor Spitzer's actions make it clear that he thinks there are two sets of rules: one for him and another for everyone else,' state GOP Chairman Joseph Mondello said yesterday."

To the contrary, Eliot "STEAMROLLER" Spitzer KNOWS, not thinks, BUT KNOWS that there are indeed two sets of rules, one for him, and one for everyone else!

And to take that one step further, Eliot "STEAMROLLER" Spitzer also knows that the set of rules he has reserved for himself has no actual "rules" in it, at all ....

Rather, it is just a small book full of nothing but empty pages, which means that the "STEAMROLLER" gets to whatever he wants, whenever he wants!

Afterall, he is the "F****** STEAMROLLER", by almost unanimous acclaim from the population of NYS, or 61% of it, anyway, and "STEAMROLLERS" always get what they want, regardless of the consequences to anything or anyone else, or else they roll right over the opposition, and flatten them to the ground ....

And so ...

Posted by: John Galt | April 26, 2007 7:29 AM

http://www.nydailynews.com/blogs/dailypoli...the_day_10.html

[Livyjr]

THE NEW YORK DAILY NEWS

"Call me a schmuck - I'm still not resigning - Embattled head of judicial panel defends his book"

BY RAOUL FELDER

Thursday, April 26th 2007, 4:00 AM

Be Our Guest

I am, at least as far as I know, still chairman of the New York State Commission on Judicial Conduct, having been elected unanimously.

There is no mention in the commission's recent lack-of-confidence statement of anything I have done, either as a member or chairman of the commission, being inappropriate, improper, wrong, biased, etc., and, in fact, the members have asked me to remain as a voting member.

My sin?

I co-authored a humor book - called "Schmucks!"

There is a cartoon on the cover.

Jackie Mason, my co-author, not known for his efforts as an archeologist, is drawn wearing a Captain Marvel suit; I wear a Superman outfit.

The points raised in the commission's press release - the one calling me unfit to serve as chairman - were three.

The first was that the book "repeatedly invokes racial, ethnic and religious invective."

This is a lie.

There is no racial invective in the book, and no person has been able to point to even one.

There are some "ethnic" pieces about people who are enemies of America - militant Muslims.

There is also a piece about Saudi Arabia.

The second claim: that I trivialized the word "allegedly" in a piece about Benon Sevan, the former UN Oil-for-Food official who is in Cypress avoiding extradition.

Unmentioned is the fact that the penultimate sentences of the short piece read:

"If bribery can be proved, ... then Mr. Sevan certainly should be in the Guinness Book of World Records."

"He achieved the outstanding trifecta, because he was able to screw the people of Iraq, the folks at the UN and the well-intentioned citizens of America all at the same time."

The third issue: The commission says that, since I am opposed to affirmative action, I "could not pass fair judgment on anyone he perceived to have benefited from affirmative action."

If the offending political sentiment involved opposition to "racial discrimination" or "legalized abortion," would anyone seriously suggest that I could not fairly judge a person who benefited from racial discrimination or legalized abortion?

The commission, at the end of its press release, assures us that this is not a question of free speech.

One can call a baboon a swan until the swan flies away, but the baboon is still a baboon, and a swan is still a swan.

The governor's role in this dispute is a difficult one.

He is an honorable and decent man whom I have supported, and still today support.

I believe he has been misled.

I am used to human folly, envy and ambition, hypocrisy and schadenfreude, all wrapped in the insulating cloak of pomposity and self-righteousness.

To allow these kinds of things to drive events is to permit the burglar who bellows at your front door to slip in the back door to steal your valuables.

I have been asked, "Why not simply resign?"

I do not, because the next person who is attacked may not have as big a mouth as I, nor perhaps the means to resist.

Freedom of speech is the price we pay in exchange for the tradeoff: obscene lyrics in rap music, unpopular political commentary and the degradation and vulgarization of daily discourse.

Therefore, when people ask me why I simply do not step away, my answer is, "I cannot."

Felder chairs the state's commission on judicial conduct.

http://www.nydailynews.com/opinions/2007/0...t_resignin.html

[Livyjr]

NEWSDAY

"State/RegionSpitzer-appointed panel takes aim at gov waste"

BY JAMES T. MADORE

james.madore@newsday.com

April 23, 2007, 10:09 PM EDT

ALBANY -- Seeking to lower property taxes by eliminating some of the special districts that provide firefighting, garbage removal and other local services, Gov. Eliot Spitzer appointed a commission Monday to study ways of slimming down the nearly 7,000 districts statewide, including 340 on Long Island.

The 15-member commission, to be led by former Lt. Gov. Stan Lundine of upstate Jamestown, will focus on special districts and 4,200 taxing jurisdictions, such as school districts and town and village governments.

It will issue a report by April 15, 2008.

While acknowledging that money would be saved by encouraging districts and governments to form buying groups for supplies, employee health insurance and services, Spitzer emphasized the need to scrap some of the entities altogether.

"One of the critical reasons New York is uncompetitive is the tax burden."

"The local tax burden comes back to these special districts," Spitzer said at a news conference.

"We must slay this dragon, and this is a step toward doing that."

The commission's membership includes two lieutenant governors, Lundine and Alfred Del Bello, and several mayors and county officials.

Also serving are Nassau County Comptroller Howard Weitzman, who uncovered abuses by garbage districts, and State Sen. Craig Johnson (D-Port Washington), who tackled fiscal issues as a county lawmaker.

Citing the importance of Spitzer's backing, Weitzman said, "Perhaps now we can attack the problem of wasteful and duplicative special tax districts head-on without nibbling around the edges."

Johnson agreed, though he added it was important for commissioners to recognize that fire districts provide more critical services than others.

He also called for public hearings to give information to residents and gain input from them.

Johnson said residents who want to lower their tax bills by eliminating special districts would in return have less say in how the services are provided.

"Are you willing to reduce property taxes when it means losing the kind of representation that you have come to see every day?" he added.

Special districts date to the 1930s, with their number rising as rural areas became suburban and more populous.

Such districts were established to provide services and bill taxpayers within small geographic areas.

Over time, some have become political fiefdoms prone to cronyism and corruption.

Long Island generates half of all the revenue collected by special districts statewide, according to a report released last month by state Comptroller Thomas DiNapoli.

He found that Nassau districts collected $400 million, or 31 percent, of the $1.3 billion total in 2004, the most recent available data.

In Suffolk County, districts collected $240 million, or 19 percent.

But while the Island's special districts are flush with cash, there are fewer of them than in the counties encompassing Buffalo, Rochester and Syracuse.

Nassau and Suffolk districts represented only five percent of the state total, according to the comptroller's report.

In addition to Weitzman, Nassau County Executive Thomas Suozzi has pushed for consolidation of taxing jurisdictions and Suffolk County Executive Steve Levy has urged school districts to share services such as bus transportation and snow plowing.

Levy Monday praised the new Commission on Local Government Efficiency and Competitiveness, saying, "It will be good for the state and Long Island, in particular."

Still, Levy stressed the importance of continuing local efforts such as the Long Island Regional Planning Board's examination of government consolidation.

He said, "We cannot expect the governor's overview to go into detail on Long Island and our needs."

http://www.newsday.com/news/local/state/ny...enews-headlines

[Livyjr]

NY TIMES

"Suspect in N.Y. Trooper’s Death Is Presumed Dead"

By LISA W. FODERARO and FERNANDA SANTOS

Published: April 26, 2007

MARGARETVILLE, N.Y., April 25 — One New York State trooper was killed and another was wounded near this tiny Catskill Mountains town on Wednesday morning as they tracked down a suspect who the authorities said had shot and wounded another trooper the day before.

The suspect, Travis D. Trim, 23, is now thought to be dead, the authorities say, after the farmhouse where he was hiding caught fire later on Wednesday as the police were besieging it.

About 90 minutes after the fire broke out, the authorities went into the house, when they felt it was safe to do so.

The acting superintendent of the New York State Police, Preston L. Felton, said:

“At 7:35 p.m., we located what appears to be a badly charred body in the residence."

"The body was slumped in the doorway holding a rifle."

"We will make attempts to ID the body in the coming days.”

He added, “There’s a possibility that our actions caused the fire,” noting that officers had fired several tear-gas canisters into the house.

The authorities identified the slain trooper as David C. Brinkerhoff, 29, a member of the agency’s mobile response team.

Trooper Brinkerhoff and another member of the assault team, Richard G. Mattson, went into the farmhouse, about 110 miles northwest of New York City, to help other troopers who were responding to a burglar alarm about 8 a.m. Wednesday.

They were looking for Mr. Trim, who was suspected of shooting another trooper, Matthew Gombosi, the previous day.

The authorities said Mr. Trim then shot Trooper Brinkerhoff in the head, and Trooper Mattson in the left arm.

They were both taken by helicopter to Albany Medical Center.

On learning of the slaying of the trooper, the second member of the mobile response team to be killed in a manhunt since September, Gov. Eliot Spitzer canceled a planned lunchtime speech in Manhattan, asking his wife, Silda Wall Spitzer, to fill in for him.

He returned to Albany and in a brief statement issued by his office, he said, “One of our best has fallen and another has been seriously wounded in the line of duty.”

In the Capitol, Republicans and Democrats were moving swiftly, but in different directions, in response both to the trooper shootings as well as the shootings at Virginia Tech last week.

The Senate majority leader, Joseph L. Bruno, called on the governor to pressure the Democratic-led Assembly to pass legislation that would bring back the death penalty for those who kill law enforcement officers, as well as terrorists.

The governor has supported both ideas in the past, but a similar bill was voted down in the Assembly on Tuesday, 96 to 47.

“I’m asking the governor to use his considerable influence with the Assembly,” Mr. Bruno said.

Senator John J. Bonacic, a Republican whose district includes Margaretville, said of the governor:

“I know you’re a law and order guy, I know you are, I know you care about the safety of our families."

"Get the Assembly to do what they must do.”

But Charles Carrier, a spokesman for Assembly Speaker Sheldon Silver, reiterated that Assembly Democrats oppose the death penalty.

Instead, the Assembly passed a number of antigun measures on Wednesday, including bills banning assault weapons and armor-piercing ammunition.

The events that led to the shooting of the three officers began last Friday, when Mr. Trim, of North Lawrence, near the Canadian border, was said to have stolen a van.

On Tuesday afternoon in Margaretville, 270 miles south of where the van was taken, Trooper Gombosi pulled Mr. Trim over because the van was missing a license plate, Mr. Felton, the acting superintendent, said.

When Mr. Trim failed to provide identification, Trooper Gombosi told him he was under arrest.

At that point, Mr. Trim pulled a handgun from his waistband and fired once at the trooper, Mr. Felton said.

The trooper was hit in the lower ribs, but the police said his body armor saved him from serious injury.

“He was disoriented and he could not produce any identification,” Mr. Felton said of Mr. Trim.

One investigator said that Mr. Trim was looking at a map when he was pulled over, as if he were lost.

The police later found the abandoned van a few miles from where the confrontation with Trooper Gombosi took place.

By Tuesday night, the authorities said troopers had converged on the rural area — stopping cars and trucks and using police dogs — in search of Mr. Trim.

On Wednesday morning, the burglar alarm drew them to the farmhouse, where they found a backpack, clothing and identification.

A short time later, the authorities said, the troopers exchanged gunfire with Mr. Trim, and Troopers Brinkerhoff and Matson were shot.

Before long, scores of heavily armed troopers surrounded the farmhouse where Mr. Trim was believed to be hiding.

Armored vehicles moved in, snipers took position behind stone walls, and other officers spread across the roads and hilltops overlooking the house.

At one point, troopers shot tear-gas canisters inside the home, eliciting no response.

Then, a robot with a camera rolled in, and scanned the house for the suspect.

Late in the afternoon, troopers began moving in and once again fired tear gas canisters.

The house erupted in flames, driving back the officers.

“It’s unbelievable,” said Anna Carli, a retired nurse who has lived in Margaretville for 40 years.

“This is a little town."

"This kind of thing doesn’t happen here.”

In the section of Coxsackie, just outside Albany, where Trooper Brinkerhoff — an eight-year veteran of the State Police — lived with his wife, Barbara, and their 7-month-old daughter, the police kept the press and the curious away.

The events on Wednesday reminded many of the five-month manhunt last year for Ralph J. Phillips, during which three troopers were shot, one fatally.

The hunt began after Mr. Phillips escaped from the Erie County jail on April 2, 2006.

On Wednesday, outside Albany Medical Center, where he had met with relatives of Trooper Mattson’s, the Rev. James LeFebvre, chaplain of the Albany Police Department, described his reaction when he heard the news of Trooper Brinkerhoff’s death:

“You say, ‘Give me the good news.’"

"And they say, ‘There isn’t any good news,’ and you say, ‘No, not again.’ ”

Lisa W. Foderaro reported from Margaretville and Fernanda Santos from White Plains. Reporting was contributed by Nick Confessore in Coxsackie, Laura Drake in North Lawrence, Danny Hakim in Albany and Jennifer Medina in New York City.

http://www.nytimes.com/2007/04/26/nyregion...amp;oref=slogin

[Livyjr]

NY TIMES EMPIRE ZONE

April 26th, 2007 12:55 pm

While all of the political immensities and pomposities down there in Albany get up on their high horses and pedestals and stumps and bully pulpits to shout back and forth at each other about another slain State Troopers here in NYS, out here in the countryside, where people actually do live, and have relatives and yes, even loved ones, who are police, there is a much different dialogue going on, which centers around the essential question of “How in the Hell were two more Troopers shot, after that last fiasco?”

“What exactly can be going on here?” is the question on our minds, anyway!

Was one NYS Trooper shot in the face and killed, and another shot in the upper arm and wounded because of ineptness and just plain amateurishness on the part of the NYS Troopers?

My God, in this day and age of “political correctness”, can we countryfolks even think this way?

Or must we just moan, and wring our hands, and rend our garments, and such-like, while crying out, like the politicians down in Albany, Spitzer, Bruno, Tedisco, about “cruel fate”, and the need to restore the “death penalty”, as if that would make any difference at all to someone who just has it in their head to kill them a State Trooper before they themselves die?

In this day and age of “poltical correctness”, can we ask ourselves, when it comes to “special weapons and tactics”, is it true that the NYS Troopers have the special weapons alright, but the tactics of a bunch of bumbling amateurs, which alleged rinky-dink tactics puts the lives of people’s loved one and relatives at risk?

Did the NYS Troopers, while on the hunt for a suspect who had just shot another Trooper respond to a burgler alarm at this country farmhouse with just a partial emergency response team?

Upon arriving at the farmhouse, in response to a burgler alarm, did the NYS Troopers notice any signs of forced entry, that would lead them to believe that someone, anyone might actually still be in the structure?

Did the NYS Troopers believe that a man who had just shot one trooper would be intimidated by a bunch of them, so that he would not be waiting to shoot them through the door of the room that he was in, when they announced their presence by pushing in the door he was hiding behind, and walking in upright, so that all he had to do was to fire through the door at head height, which guaranteed him the kill that he got?

Did the other NYS Troopers then fire a number of rounds through the door and walls into the room, and then actually vacate the premises, thus losing any tactical advantage that they might have had from superior firepower?

Yes, in the minds of the countryfolks, these are the operative questions on our minds right now, as people ponder whose relatives and loved ones might be the next to fall, because of the possibility of sheer stupidity and tactical blunders on the part of the management of what is seen as nothing more than a political police force up here in the country, where people hope that their relatives and loved ones are not next.

And so ….

— Posted by Livyjr

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

[Livyjr]

"AP NewsBreak: Senate introduces pay raise bill"

By MARC HUMBERT, Associated Press

Last updated: 3:04 p.m., Thursday, April 26, 2007

ALBANY -- Legislation to immediately raise the pay of state judges and eventually hike the salaries of state legislators, the governor and other statewide elected officials has been introduced in the state Senate, where it is has unanimous support.

The measure was introduced without fanfare on Wednesday.

"We expect we will take it up as early as next week," said Mark Hansen, a spokesman for Joseph Bruno, the Senate's Republican majority leader.

The legislation would provide $48.2 million to cover judicial pay raises retroactive to Jan. 1 of this year.

The plan would raise the annual salaries of judges on the state Supreme Court, New York's major trial court, to $165,200 from $136,700.

Federal district court judges are paid $165,200 a year.

There would be similar raises for all the state's more than 1,200 judges, who haven't had raises since 1999.

More controversial are provisions that would provide regular cost of living increases for judges, lawmakers and statewide elected officials.

The bill would also create a 13-member commission to come up with other raises that should be given to lawmakers and statewide elected officials.

They have also not had raises since 1999.

New York's 62 senators and 150 Assembly members are each paid $79,500 a year, but many receive extra stipends ranging in value up to $30,000 a year for leadership positions or committee work.

The governor is paid $179,500 a year.

While legislative leaders and new Democratic Gov. Eliot Spitzer have all said they favor judicial pay raises, Spitzer has thus far refused to agree to any mechanism that would lead to legislative pay raises.

The governor has said he wants to see legislative action on such things as an overhaul of the state's campaign finance laws before he supports more pay for lawmakers.

Spitzer wants to reduce campaign contribution limits.

Spitzer came out with his own judicial pay raise proposal on Thursday, but it applied only to judges.

It would give state judges pay raises retroactive to April 1, 2005.

As with the Senate bill, the Spitzer plan would raise the pay of state Supreme Court justices to $165,200 a year.

The Spitzer proposal came as he unveiled promised state constitutional amendments that would provide for the appointment, by the governor, of most state judges rather than their election.

He also is seeking to merge and streamline parts of the state court system, a plan long advocated by Chief Judge Judith Kaye.

The proposed amendments are subject to approval by the state Legislature and voters statewide.

The merger plan, Spitzer said, would save the state court system about $59 million a year.

The Assembly approved legislation similar to the Senate pay raise proposal earlier this year when it was adopting a new state budget.

Judge Kaye has been demanding action on judicial pay and has threatened to sue the Legislature and Spitzer if they don't act soon.

Kaye spokesman Gary Spencer said the chief judge liked both the Senate bill and the governor's judges-only pay raise proposal.

[Livyjr]

"Company will beef up security on data, notify promptly"

Associated Press

Last updated: 3:13 p.m., Thursday, April 26, 2007

ALBANY -- A company that lost track of a computer containing the personal information of 540,000 New Yorkers but didn't tell the state about it for five weeks has agreed to promptly notify people if security is breached again, Attorney General Andrew Cuomo said Thursday.

CS Stars, an independent insurance brokerage, will also put new precautions in place to safeguard consumer information and pay the state $60,000 in costs for its investigation.

The computer went missing May 9, 2006 from one of the Chicago company's secured facilities.

Most of the workers whose information was contained on the computer are New Yorkers in two special funds of the workers' compensation system.

CS Stars was using the computer to move the data -- including names, addresses and Social Security numbers -- from the state to the company's computerized claim system.

It wasn't until June 29 that the company notified the state and called in the FBI.

The FBI asked that no consumers be notified immediately because it would impede their investigation, Cuomo said.

Consumers were notified starting July 18 and the computer was located July 25.

Investigators determined that the information had not been accessed.

The company offered the affected workers identity theft insurance, 12 months to get free credit reports and access to fraud resolution specialists.

Identity theft is considered one of the country's fastest growing white-collar crimes.

A survey in 2006 reported that there have been more than 28 million new identity theft victims since 2003, but experts say many incidents go undetected or unreported.

Under New York's Information Security Breach and Notification Law, any business that maintains personal information that it doesn't own must notify the data's owner of any security breach "immediately following discovery" and all affected consumers in the most "expedient time possible."

The attorney general's office, Consumer Protection Board, and state office of Cyber Security also must be notified.

CS Stars admitted no violation of any laws, agreed to the notification policy and said it would beef up security.

------

On the Net:

NYS Information Security Breach and Notification Act: http://www.oag.state.ny.us/consumer/tips/id--theft--law.html

[Livyjr]

"Suspected killer found in burned home, probe continues"

By MICHAEL VIRTANEN, Associated Press

Last updated: 4:32 p.m., Thursday, April 26, 2007

MARGARETVILLE, N.Y. -- The body of shooting suspect Travis Trim was pulled from the charred wreckage of a Catskill-area farmhouse where a trooper was slain as investigators looked into why a police assault on the house ended in a fierce blaze.

Forensic investigators used fingerprints Thursday to identify the badly burned body as that of Trim, a 23-year-old from northern New York suspected of shooting two troopers at the rural home Wednesday morning, state police Maj. Kevin Molinari said.

Police had been searching for Trim since the Tuesday afternoon shooting of another trooper, who escaped serious injury because the bullet struck his body armor.

Trim was apparently holed up in the farmhouse on the northwestern edge of the Catskills on Wednesday when he opened fire on approaching troopers, killing one and wounding another.

It was not clear whether Trim died in the shootout early Wednesday or during the blaze that unexpectedly broke out when police assaulted the house that evening.

His body was found slumped in a doorway, holding a rifle.

An autopsy was scheduled for Thursday at Albany Medical Center, though state police Lt. Glenn Miner said it could be several days before results are available.

The cause of the fire was still under investigation.

Preston Felton, acting superintendent of the state police, has ordered a "complete administrative investigation" into the matter, Molinari said.

The major said such investigations are routine.

"There's a lot of careful thought that goes into using any type force, and we feel that everything was done appropriately," Molinari said.

It was also unclear why Trim -- whose previous run-ins with the law consisted of petty crimes -- would fire at three troopers in two days.

Even Trim's father, Marvin Trim, said he doesn't know what happened to his son, who attended the state university at Canton last fall.

"I don't know what happened at college," Trim said.

"He got into trouble and I guess his friends told him he was going to go to jail for a long time."

"It wasn't true."

"He died for nothing."

"He let stupidity and ignorance get the best of him."

Killed in the Wednesday morning farmhouse shooting was Trooper David C. Brinkerhoff, a member of the force's elite mobile response team, or MRT.

Brinkerhoff, a 29-year-old father of a baby girl, was shot in the head.

Trooper Richard Mattson was wounded in the left arm.

Mattson was in serious but stable condition Thursday after surgery at Albany Medical Center.

State Troopers PBA President Daniel Federicis said Mattson was alert, eating and doing as well as can be expected.

Margaretville Mayor Bill Stanton said police told him that Trim fired at the troopers as they stood on the front porch, using a high-powered rifle he found inside the farmhouse.

The property is owned by a family whose members include a New Jersey law enforcement officer, neighbors said.

State police MRT members surrounded the house after the shootout, staking out positions behind trees and along a stone fence.

Troopers explored the house with a robotic vehicle and a camera attached to a pole and finally decided to move in Wednesday evening.

But the house caught fire after rounds of tear gas were fired inside.

The house, used as a weekend retreat, had weapons and ammunition inside, officials said.

Police officials still didn't know if the fire was sparked by a hot tear gas round or whether Trim was still alive at that point and could have started it himself.

A state police forensic investigative unit was going over the scene, a process Trooper Nelson Torres described as "very slow, meticulous."

Despite the destruction of the house, Molinari believed state police acted appropriately given their mission of taking Trim without injuries to anyone.

"We had a series of calculated steps weighed out yesterday and we initiated each one of those steps after careful thought and planning," he said.

Brinkerhoff is the third trooper to be shot and killed in the line of duty since March 2006 -- a tragic stretch of time for the state police in which two other on-duty troopers died in vehicle accidents and another was killed while on foot patrol in Iraq.

One of the shooting deaths came at the hands of Ralph "Bucky" Phillips, a western New York jail escapee who eluded police for five months before his capture in September.

Phillips shot three troopers, killing one.

Brinkerhoff was involved in the massive manhunt for Phillips.

The New York State Trooper Foundation said it was accepting donations for a trust fund at Trustco Bank for Brinkerhoff's infant daughter, Isabella Grace.

The troopers' PBA also was assisting the family and earmarking incoming donations to the Brinkerhoff and Mattson families.

Calling hours for Brinkerhoff are Monday and Tuesday in Coxsackie.

The funeral will be at Bethlehem Lutheran Church in Delmar on Wednesday followed by burial at St. Mary's Cemetery in Coxsackie.

Trim's father would not reveal if the family had any funeral plans.

Asked how he wanted people to remember his son, Trim replied: "I wish they wouldn't have to remember him at all."

----

Associated Press writers William Kates in Syracuse and Michael Hill in Albany contributed to this report.

[Livyjr]

"AMD strategy poses risk to chip fab plan - Firm wants to outsource manufacturing work and go 'asset-light'"

By LARRY RULISON, Business writer, Albany, New York Times Union

First published: Thursday, April 26, 2007

MALTA -- As part of its bold new cost-cutting strategy, Advanced Micro Devices Inc. is going to adopt a so-called "asset-light" approach in which the computer chip manufacturer may outsource more of its operations.

Whether that will impact the company's plans to build a $3.2 billion computer chip factory in Saratoga County remains to be seen.

During a conference call with analysts last week, AMD announced it will cut 2007 capital spending by $500 million after posting a $611 million loss for the first quarter.

The spending cuts will have an immediate impact on manufacturing operations in Dresden, Germany, where AMD's two computer chip factories, or "chip fabs," operate.

Much of the savings will come from slowing the rate by which the company converts its older factory there -- known as Fab 30 -- to newer technology.

That conversion was announced in May as part of a $2.5 billion project to quadruple manufacturing capacity in Dresden.

Andy Ng, an analyst with Morningstar Inc., a Chicago-based research firm, said that although AMD has not provided specifics, the company may be looking to outsource more of its manufacturing to "foundries," which are third-party companies that make computer chips for companies that design them.

AMD currently uses the foundry company Chartered Semiconductor Manufacturing in Singapore when it needs additional capacity.

"If they were to proceed with this asset-light strategy, then the Albany plant could be at risk," Ng said.

Ng said he and other analysts hope to learn more about AMD's exact plans during the company's analyst conference in July.

AMD spokesman Travis Bullard said Wednesday that the new strategy does not mean that AMD will go "fab-less," a term used to describe when chip companies stop using their own factories.

"The term asset-light was used to describe our intention to reduce the amount of assets on our balance sheet," he said.

"It is still a work in progress."

ATI Technologies Inc., a Canadian graphics chip company that AMD acquired in October for $5.4 billion, didn't own its own manufacturing facilities.

"Through the acquisition of ATI, we now have a perspective into a very asset-light model that we are pretty excited about learning more and more about it," AMD CEO Hector Ruiz said during the conference call.

There is a lot at stake with AMD's decision.

The company owns about 26 percent of the computer chip market, with rival Intel Corp. owning the rest.

Intel has factories all around the world.

But computer chip factories cost billions of dollars to build.

They are a huge risk for those who build them because the computer chip market is so volatile and the technology transforms so rapidly.

That is why New York state had to promise AMD a $1.2 billion financial incentive package to build the factory, which would employ 1,200 people, at the Luther Forest Technology Campus in Malta.

AMD has until 2009 to decide whether to take the offer.

It is in the middle of a 12-week design process -- expected to conclude next month -- that will precede a possible vote by the board of directors on whether to move ahead.

"It is still too early to say when senior management will decide to go ahead or not," said spokesman Bullard.

"The decision to build a new fab is a long-term, strategic decision that takes time."

Ken Green, president of the Saratoga Economic Development Corp., the nonprofit that manages Luther Forest, declined comment but said AMD officials are scheduled to attend SEDC's annual dinner May 3 in Saratoga Springs.

Not everyone is thrilled with AMD's plans.

In a research report published Friday, CIBC World Markets analyst Rick Schafer said the capital spending reduction and the asset-light strategy are "a thinly veiled reference" to the use of more foundries.

"We believe such a move would place more pressure on the manufacturing front, essentially perpetuating the status of a generation lag behind (Intel)," he wrote.

"We view capitulation in this area as a win for (Intel)."

Rulison can be reached at 454-5504 or by e-mail at lrulison@timesunion.com.

[Livyjr]

NY TIMES EMPIRE ZONE

April 26th, 2007 12:55 pm

While all of the political immensities and pomposities down there in Albany get up on their high horses and pedestals and stumps and bully pulpits to shout back and forth at each other about another slain State Troopers here in NYS, out here in the countryside, where people actually do live, and have relatives and yes, even loved ones, who are police, there is a much different dialogue going on, which centers around the essential question of “How in the Hell were two more Troopers shot, after that last fiasco?”

“What exactly can be going on here?” is the question on our minds, anyway!

Was one NYS Trooper shot in the face and killed, and another shot in the upper arm and wounded because of ineptness and just plain amateurishness on the part of the NYS Troopers?

My God, in this day and age of “political correctness”, can we countryfolks even think this way?

Or must we just moan, and wring our hands, and rend our garments, and such-like, while crying out, like the politicians down in Albany, Spitzer, Bruno, Tedisco, about “cruel fate”, and the need to restore the “death penalty”, as if that would make any difference at all to someone who just has it in their head to kill them a State Trooper before they themselves die?

In this day and age of “poltical correctness”, can we ask ourselves, when it comes to “special weapons and tactics”, is it true that the NYS Troopers have the special weapons alright, but the tactics of a bunch of bumbling amateurs, which alleged rinky-dink tactics puts the lives of people’s loved one and relatives at risk?

Did the NYS Troopers, while on the hunt for a suspect who had just shot another Trooper respond to a burgler alarm at this country farmhouse with just a partial emergency response team?

Upon arriving at the farmhouse, in response to a burgler alarm, did the NYS Troopers notice any signs of forced entry, that would lead them to believe that someone, anyone might actually still be in the structure?

Did the NYS Troopers believe that a man who had just shot one trooper would be intimidated by a bunch of them, so that he would not be waiting to shoot them through the door of the room that he was in, when they announced their presence by pushing in the door he was hiding behind, and walking in upright, so that all he had to do was to fire through the door at head height, which guaranteed him the kill that he got?

Did the other NYS Troopers then fire a number of rounds through the door and walls into the room, and then actually vacate the premises, thus losing any tactical advantage that they might have had from superior firepower?

Yes, in the minds of the countryfolks, these are the operative questions on our minds right now, as people ponder whose relatives and loved ones might be the next to fall, because of the possibility of sheer stupidity and tactical blunders on the part of the management of what is seen as nothing more than a political police force up here in the country, where people hope that their relatives and loved ones are not next.

And so ….

— Posted by Livyjr

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

And while we are on the subject of the HACK-O-CRACY that we have here in NYS, and in America, as well, where political loyalty trumps competence in the workplace, we have ....

"Escaped inmate was left alone - Probe shows man who eluded immigration officer also used moxie"

By PAUL GRONDAHL, Staff writer, Albany, New York Times Union

First published: Friday, April 27, 2007

By the time Carlos A. Herrera escaped from federal immigration authorities in Latham on April 18 while being transported in a van, he had displayed plenty of moxie.

Herrera, an El Salvador native who faced deportation, managed to flee after being left alone and unshackled, according to an affidavit filed in an internal investigation into the escape.

Herrera then kicked his way through the van's metal reinforced window while a single officer transporting him was trying to help the prisoner cash a check, according to media reports.

An internal investigation is standard procedure after an escape, according to Michael Gilhooly, a spokesman for U.S. Immigration and Customs Enforcement.

"An escape is extremely rare," he said, declining to confirm or deny any details reported on regarding the affidavit.

"The investigation will determine whether all rules, policies and regulations were followed," Gilhooly said.

Herrera is still on the loose and being sought by law enforcement.

He was last seen April 18 on Central Avenue in Albany after the fugitive managed to talk a passing motorist into giving him a ride.

"We're doing everything we can to get him back into custody," Gilhooly said.

He said "multiple fugitive operations teams" were working with local police and other agencies to find and apprehend Herrera.

Anyone with information about his whereabouts is urged to contact their local police department or the Immigration and Customs Enforcement (ICE) 24-hour tip line at (866) 347-2423.

Herrera's streak of guile extended beyond his escape, as new details have surfaced about his activities before being taken into custody.

On April 17, Herrera was driving on Route 7 in Niskayuna on his way to purchase a used car from a town resident, according to a Niskayuna Police Department report.

Herrera, apparently lost, pulled off Route 7 into a driveway and tried to turn around.

His car got stuck on a rain-soaked lawn.

His spinning tires tore up the homeowner's grass and the homeowner called Niskayuna police to report a disabled vehicle stuck in the mud.

Herrera offered $1,000 in cash to the homeowner as compensation for the damage to the lawn and in a bid not to report it to police.

But he was too late and a Niskayuna police officer soon arrived and their criminal check revealed that Herrera was facing deportation after a felony drug conviction and jumping bond downstate.

On April 17, Niskayuna police turned Herrera over to officials at the Schenectady County Jail, where hundreds of dollars in cash were taken from him along with his other personal belongings at his booking.

"He was crying during his booking," said Schenectady County Sheriff Harry Buffardi.

A mug shot of Herrera shows him crying.

When Herrera was released to federal authorities on April 18, he was given a check for the cash as is standard procedure.

Herrera escaped while a single federal official transporting him reportedly was in the Bank of America branch on Loudon Road attempting to process the check.

"We never transport without two deputies, no matter what," Buffardi said.

"Two feds took him out of here in their van, so their procedure must have broken down after that."

The federal investigation affidavit also stated that Herrera was unshackled.

That also is against procedure for transporting Schenectady and Albany county inmates.

"Every inmate gets handcuffs and leg shackles," Buffardi said.

Two deputies, handcuffs and leg shackles is also standard procedure for transporting an Albany County prisoner, said Albany County Sheriff James Campbell.

"The way Herrera's escape apparently happened violates all our policies and procedures for transporting prisoners," Campbell said.

Herrera's escape differs from the way infamous convicted killer and career criminal Gary Evans escaped federal custody in 1998.

Evans was shackled and handcuffed when he kicked his way out of a prisoner's van and briefly eluded four armed deputy marshals before flinging himself off the Troy-Menands Bridge and plunging to his death 65 feet below.

"There's no comparison between Gary Evans and Herrera," said Jim Horton, a former State Police senior investigator who arrested Evans several times over the course of his career.

"The federal marshals followed protocol and did everything they were supposed to do."

He said if Herrera was left by himself while a lone federal official was inside the bank, "they couldn't have been following any kind of proper procedure," said Horton, who is now assistant director of the state Office of Homeland Security.

Buffardi said federal authorities who returned to the county jail after Herrera's escape seeking a mug shot of the fugitive offered gallows humor.

"One of them told our guys they could consider him a former employee of ICE," Buffardi said.

Grondahl can be reached at 454-5623 or by e-mail at pgrondahl@timesunion.com.

[Livyjr]

Was one NYS Trooper shot in the face and killed, and another shot in the upper arm and wounded because of ineptness and just plain amateurishness on the part of the NYS Troopers?

My God, in this day and age of “political correctness”, can we countryfolks even think this way?

Or must we just moan, and wring our hands, and rend our garments, and such-like, while crying out, like the politicians down in Albany, Spitzer, Bruno, Tedisco, about “cruel fate” .....

NO, what we should do, is to pay our inept and corrupt politicians yet more money, because, well, hey, you know, in that way, we will get BETTER POLITICIANS!

Yes, yes, that is the real solution here ...

MORE MONEY!

If only we could give them just a little more money, well, one day, they might actually get enough to start actually working for it ....

Instead of just being an ignorant, inept, incompetent pack of poseurs and downright bumblers and nincompoops ....

And so ....

"Raises rise to top of agenda - State senators back measure that would increase pay for judges, and for themselves"

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

First published: Friday, April 27, 2007

ALBANY -- The state Senate this week floated legislation that would set in motion pay hikes for judges, legislators and state officials.

The bid for raises comes as Gov. Eliot Spitzer is pushing an overhaul of the court system that includes judicial raises and election reform legislation that would change the way campaigns are financed and legislative districts are drawn.

In a show of bipartisanship, all 62 state senators signed on to a new bill sponsored by Senate Judiciary Committee Chairman John DeFranciso, R-Syracuse, that would provide for pay raises for judges and elected officials, including legislators.

The bill is expected to be voted on next week, according to a spokesman for Majority Leader Joseph L. Bruno, R-Brunswick.

The Senate plan, costing $48.2 million this year, would provide raises to 1,300 judges retroactive to January.

It also sets up a 13-member commission appointed by the governor, legislative leaders and chief judge to make binding recommendations on pay for lawmakers, who now get a base salary of $79,500, and statewide elected officials.

Officials could also see raises retroactive to January; lawmakers would have to wait until Jan. 1, 2009, after the next legislative election.

Spitzer's plan calls for retroactive pay raises for judges to April 2005.

He was silent on legislative and executive pay hikes and has been cool to the notion of such raises unless lawmakers join him on meaningful reforms.

The Senate pay raise plan surfaces as Spitzer is at war with GOP senators for rejecting his campaign finance reform plans, which include limiting contributions that candidates can take.

Salaries for the governor, legislators, judges and commissioners are set by law, and efforts to give raises typically get caught up in politics.

As a result, there hasn't been a pay raise for these officials since 1999.

Both plans would give judges a raise to levels demanded by Court of Appeals Chief Judge Judith Kaye, who has threatened to sue the state government if judges don't get raises.

The proposals call, for example, to pay Supreme Court justices $165,200 a year, similar to U.S. District Court judges.

They now receive $136,700 a year.

The bill also calls for another, similar commission to be set up every four years, starting in 2011, to review executive, legislative and judicial compensation for the following four years.

Gary Spencer, a spokesman for Kaye, said the chief judge is pleased.

"She supports the bill because it essentially mirrors her proposals," "She finds all of it very encouraging."

Assembly Speaker Sheldon Silver said he strongly favors pay raises for judges and lawmakers.

The Assembly called for the compensation commission in its legislation for a state budget.

Other aspects of Spitzer's judicial plan may be less welcome.

He proposes to consolidate the court system into a two-tiered structure of Supreme Courts and a statewide District Court system; eliminate the constitutional limit on the number of Supreme Court justices so the system can keep up with cases, and amend the state Constitution to allow merit selection for judges for Supreme Court, Appellate Division, Court of Claims, Family Court, Surrogate's Court and County Court.

Recommendations would be made by statewide and regional judicial nominating commissions, and the governor would make the ultimate selection.

Although voters now technically choose judges for certain courts, either directly or by electing delegates to judicial conventions, federal courts have concluded the convention system used for Supreme Court justices in particular is ruled by backroom politics and political bosses and violates the law.

But Assemblywoman Helene Weinstein, D-Brooklyn, the Judiciary Committee chairman, said modifying the convention system to make it more open may be a better solution.

Minority bar groups have voiced concern, she said, that both a merit system and an open primary process would put their members at a disadvantage.

Spitzer also put on the table Thursday an election reform plan that included a constitutional amendment to create an 11-member commission that would draw congressional and legislative lines in New York.

Now, redistricting is done by the Legislature, a move many critics say allows lawmakers to protect their jobs and keeps the majority parties in each chamber in power.

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