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

[Livyjr]

"Campaign donors overly generous - Groups call for state action; elections board says number of violators is likely less than report claims"

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

First published: Wednesday, May 9, 2007

ALBANY -- Three government reform groups found 161 cases of business donations exceeding campaign limits from the 2006 election cycle.

Common Cause, The League of Women Voters and the New York Public Interest Research Group said Tuesday they identified 72 corporations that exceeded the legal donation limit of no more than $5,000 per candidate per election.

Another 89 businesses may have given more than the $5,000 aggregate limit on corporate donations.

The group wrote to the state Board of Elections, calling on it to investigate and enforce the law.

Board officials are still weeding through 2005 corporate filings and probably won't get to 2006 for a few months.

However, the list of violations cited by the good-government groups is probably accurate, a spokesman said.

"That number is not alarming to begin with," said Lee Daghlian, a spokesman for the board.

"We usually get it down to 30 or 40."

The state budget includes $1.5 million to increase the board's enforcement staff, the groups noted.

Daghlian said the board wants to begin hiring promptly to help speed up enforcement.

The 12-person campaign finance staff -- mostly auditors who look for irregularities and one enforcement investigator to look into alleged violations -- are overtaxed, he said.

Some of the biggest apparent violators include Smokin Joe's, which totaled $28,300 in donations, the group reported.

The Native American cigarette business was joined by PCI Associates, $20,791; The Builders Institute, $77,570; New York Society of Professional Engineers, $36,765; Arnold Goldstein of Queens, who gave $45,000 to the Republican Assembly Campaign Committee; and the Long Island Builders Institute, $25,006.

Common Cause Executive Director Rachel Leon said some of the apparent violations may be the result of bad accounting by campaign staffs or mistakes in the state Department of State's corporate database.

But she complained that the Elections Board is not an effective watchdog.

The criticisms come as the groups back Gov. Eliot Spitzer's campaign finance reform proposals, which would banish some corporate giving and lower contribution limits from various donors, including unions.

Spitzer said negotiations with the Legislature are continuing on that and other measures.

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

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

And reading through the TU article “Campaign donors overly generous - Groups call for state action; elections board says number of violators is likely less than report claims” by JAMES M. ODATO, Capitol bureau, Albany, New York Times Union, first published Wednesday, May 9, 2007, I noticed the following:

“Some of the biggest apparent violators include Smokin Joe’s, which totaled $28,300 in donations, the group reported.”

“The Native American cigarette business was joined by **** New York Society of Professional Engineers, $36,765 ….”

Now, there is a real telling New York State story, alright …..

The New York Society of Professional Engineers violating the law in NYS!

According to the Rules of Professional Practice in NYS for professional engineers, they are supposed to practice in SUBSTANTIAL COMPLIANCE with all federal, state and local laws, rules and regulations which govern the practice ….

But of course, that really is a joke, because the New York State Department of Education Office of Professional Discipline looks the other way on that issue ….

Because the New York Society of Professional Engineers, who are themselves regulated by the State Education Department, have a strong lobby and a lot of powerful political connections ….

Which in turn earns them a free ride here in Albany …

With the extra campaign cash they doled out helping to keep the skids well-greased ….

And so …

Comment by John Galt — May 9, 2007 @ 8:06 pm

http://blogs.timesunion.com/capitol/?p=4604#comments

[Livyjr]

According to the Rules of Professional Practice in NYS for professional engineers, they are supposed to practice in SUBSTANTIAL COMPLIANCE with all federal, state and local laws, rules and regulations which govern the practice ….

But of course, that really is a joke, because the New York State Department of Education Office of Professional Discipline looks the other way on that issue ….

Because the New York Society of Professional Engineers, who are themselves regulated by the State Education Department, have a strong lobby and a lot of powerful political connections ….

Which in turn earns them a free ride here in Albany …

With the extra campaign cash they doled out helping to keep the skids well-greased ….

And so …

Comment by John Galt — May 9, 2007 @ 8:06 pm

http://blogs.timesunion.com/capitol/?p=4604#comments

And one has to wonder where the New York State Department of Health is on this following issue .....

Why are they so silent?

By law in NYS, it is the responsibility of the NYS Department of Health, and not the EPA, to assure that the people of NYS have safe water to drink ....

And so ....

"Committee: Battle EPA for safe water"

By LEIGH HORNBECK, Staff writer, Albany, New York Times Union

Last updated: 5:29 a.m., Thursday, May 10, 2007

BALLSTON SPA -- The Saratoga County Board of Supervisors' law and finance committee voted unanimously tonight to help Waterford, Mechanicville and Halfmoon fight the Environmental Protection Agency for clean drinking water.

The towns are mulling legal action against the agency, which they claim is not providing a safe water source during PCB dredging.

Supervisor John Lawler, R-Waterford, said the EPA will only accept carbon filters as a way of protecting people from PCBs, should they be re-suspended during the dredging of the Hudson River and sent down river.

Federal officials cannot guarantee the carbon filters will work, or block other chemicals possibly unearthed by dredging.

"We're asking the EPA to give us the same consideration they give the fish," Lawler said.

The EPA promised the towns affected by the dredging an alternative drinking water source, Lawler said, but the agency has rejected alternatives to buy water from Saratoga County, pump it in from Latham or expand the existing water line from Troy.

The existing pipe from Troy doesn't move enough water per day to meet demand in Waterford, Halfmoon and Mechanicville, Lawler said.

Lawler said he wanted the support of the whole county because fifteen percent of the county's residents -- roughly 30,000 people -- would be effected by the questionable water quality.

Real estate sales could take a hit as a result, which would create a ripple effect across the county.

The full board will vote on the issue Tuesday at the 4 p.m. monthly meeting.

[Livyjr]

Consider for a moment, if you will, in forming your own thoughts about the contents of this thread, these words of then-DEMOCRATIC Governor of the State of New York Mario Cuomo in 1986 concerning New York State's "HISTORY" of corruption as it stood right exactly then:

"TEN YEARS AGO, a study by the Joint House-Senate Subcommittee on Investigations estimated the costs of white-collar crime at MORE THAN forty-four BILLION dollars".

"The incidence of white-collar crime has not abated in the last decade; instead, it has spiraled ever-upward as economic crime has become increasingly profitable and sophisticated!"

"The effects of major economic crime can be devastating: THE WHOLE SOCIETY suffers as crimes against business become crimes against consumers."

"GREEDY, WHITE-COLLAR PROFITEERS WILL NOT BE STOPPED until we adopt strong measures to stop them!"

- Governor's Approval memorandum, New York State Legislative Annual -1986, p.236

"Comptroller: State budget up 8.2 percent"

By MARC HUMBERT, Associated Press

Last updated: 4:13 p.m., Thursday, May 10, 2007

ALBANY -- The state budget approved by Gov. Eliot Spitzer and the Legislature will raise state spending to $123.6 billion, an increase of 8.2 percent and $2.9 billion more than originally reported, state Comptroller Thomas DiNapoli said Thursday.

The comptroller's annual report said Spitzer and legislative leaders were able to come in with the lower bottom-line figure in their accounting by shifting spending into the old fiscal year and by not counting as spending everything they should have.

DiNapoli was not pleased with the final product.

"Thanks to Wall Street, there's been a lot of economic vitality in New York state," said DiNapoli.

"But that doesn't mean we should break the bank year after year."

"The out-year budget gaps are big and getting bigger."

"Spending is increased by three times the rate of inflation."

"Our debt service will soon surpass $5 billion a year."

"That's $5 billion that we're not spending on health care or education or property tax relief."

Paul Francis, Spitzer's budget director, said that much of the extra spending that DiNapoli said he identified has "historically not been included" when determining the final size of the budget and is spelled out in other state fiscal documents.

"It is highly misleading for the comptroller's office to imply that state spending was somehow higher than was initially reported," the Spitzer aide said.

Nonetheless, Francis said it might be worthwhile for all sides to take a fresh look at what should be counted as part of the budget.

DiNapoli said the new budget, which he said is technically in balance with revenues matching expenditures, creates projected deficits of $3.1 billion for the 2008-09 state fiscal year that begins April 1, 2008; $4.8 billion for the 2009-10 fiscal year; and $6.6 billion for the 2010-11 fiscal year.

The report noted that in the decade that ended on March 31 of this year, state-funded debt had grown by 54 percent to $51 billion.

DiNapoli said the new budget means $26.3 billion in additional debt over the next five years.

"The state is running up its credit cards even though we have cash in our pockets," he said.

"It's fiscally imprudent."

DiNapoli said state leaders should be putting more money into reserve funds and toward paying down state debt.

The new budget, adopted on April 1, relies on $1.9 billion in non-recurring revenue.

[Livyjr]

"Spitzer allies with activists - Governor seeks help from government watchdogs in reforming campaign finance"

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

First published: Thursday, May 10, 2007

ALBANY -- Gov. Eliot Spitzer isn't about to give up on campaign finance reform this session, despite opposition from Senate Majority Leader Joseph L. Bruno and a raft of other issues competing for the interest of lawmakers.

Spitzer on Wednesday joined an array of government reform groups and renewed his call to pass a campaign finance reform bill by the end of this year's session in June.

Standing with members of Citizens Union, Common Cause, League of Women Voters, NYPIRG, Citizen Action and the Brennan Center for Justice, the Democratic governor said those organizations will bring attention to the issue and will try to buttonhole legislators to go along with limits on campaign contributions.

"Changes and transformation in our society occur not because of the elected leadership but because of civic organizations," the governor said.

"We are hoping in the next few weeks to galvanize public support."

Among the events planned are public hearings by the League of Women Voters, newspaper pieces from the Brennan Center and an "adopt a legislator" campaign from Common Cause.

Spitzer's latest effort comes as Bruno, R-Brunswick, said he's skeptical such reforms would pass this year.

In a public meeting between Spitzer and legislative leaders Wednesday, Bruno advised against getting bogged down trying to do a campaign finance reform bill at this time since the governor and Senate Republicans are so far apart.

Republicans also have blasted Spitzer's own fundraising efforts, including a plan to host an event at his farm for people who amass big contributions for him, and a bash this past Monday in New York City for Senate Democrats, in which some donors gave $10,000.

Bruno has charged Spitzer with politicizing campaign finance reform.

Citizens Union and Citizen Action both endorsed Spitzer for governor.

Republicans are particularly upset with the emphasis on curbing contributions from limited liability corporations.

Frequently set up by wealthy individuals, LLCs have been particularly popular among Republican donors.

Critics say LLCs allow people to skirt campaign contribution limits, because one person can set up multiple entities, each subject to its own limits.

While Spitzer maintained he wasn't pushing finance reform for political ends, he also said he'd likely hit the road to promote it, renewing an effort that was interrupted during the last two weeks with the shooting death of state Trooper David Brinkerhoff.

Spitzer on Wednesday also said creating a bill to crack down on human trafficking is a priority and that any move to tamper with the hospital closing law won't be permitted.

Bruno wants to keep Bellevue Woman's Hospital from being closed.

Spitzer said he doubts the closing plan "will be reversed or revised."

Bruno also said he wants to push the death penalty for cop killers.

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

[Livyjr]

"Spitzer allies with activists - Governor seeks help from government watchdogs in reforming campaign finance"

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

First published: Thursday, May 10, 2007

ALBANY -- Republicans also have blasted Spitzer's own fundraising efforts, including a plan to host an event at his farm for people who amass big contributions for him, and a bash this past Monday in New York City for Senate Democrats, in which some donors gave $10,000.

Bruno has charged Spitzer with politicizing campaign finance reform.

Citizens Union and Citizen Action both endorsed Spitzer for governor.

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

“Pecksniffian”, indeed ….

I was just going through my notes on the “MILLION DOLLAR STEAMROLLER” and his own “JONES” for more and more money in his “campaign warchest”, and I came across this blast from the past from the April 16, 2007 NY TIMES concerning the “MILLION DOLLAR STEAMROLLER’S” own “Pecksniffian” fund-raising efforts …

Former Assemblyman Ryan S. Karben left the capital under a cloud last year, but he continues to serve as a fund-raiser for Governor Spitzer, above right.

Mr. Karben, 32, was at a breakfast last week at which the governor discussed, among other things, his new federal political action committee, which he plans to use to support Congressional candidates.

“He’s got a really exciting vision for the state that I first saw when he was running for attorney general in 1998, and I’ve been supporting him ever since,” said Mr. Karben, who resigned last year after being accused of improperly fraternizing with interns.

Mr. Karben also has been invited to serve on the governor’s 2010 re-election finance committee.

“I would anticipate committing to raise a minimum of $100,000 for his election,” said Mr. Karben, who has a law practice in Monsey, N.Y.

DANNY HAKIM

http://www.nytimes.com/2007/04/16/nyregion…amp;oref=slogin

Comment by John Galt — May 9, 2007 @ 5:27 pm

http://blogs.timesunion.com/capitol/?p=4604#comments

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

And continuing along on the subject of the “MILLION DOLLAR STEAMROLLER’S” own “Pecksniffian” fund-raising efforts, and “pay-to-play”, and the hype and swill that we get on the subject from his PROPAGANDA MINISTRESS, Christine Anderson, there is this article from the NY TIMES dated March 19, 2007:

Generous Judicial Screeners

Glittering legal résumés abound among the 23 people Governor Spitzer appointed earlier this month to five screening committees that will review candidates for the state bench.

Among Mr. Spitzer’s appointments are senior partners at some of New York City’s leading law firms, eminent law-school professors and several retired state judges.

But many of the appointees have another qualification, too.

Ten of them contributed to Mr. Spitzer’s gubernatorial campaign, including the leaders of all five committees, who are selected by the governor.

In total, the appointees contributed about $85,000 — small beer in the current world of gubernatorial fund-raising.

Most of that was given by two of the appointees: Robert A. Bourque, chairman of the First Judicial Department Committee, and Henry B. Gutman, who sits on the second department’s committee.

Both are partners at Simpson Thacher & Bartlett; together they gave $68,500 to Mr. Spitzer during the 2006 election cycle.

Christine Anderson, a spokeswoman for Mr. Spitzer, noted that Mr. Spitzer’s campaign supporters were motivated by his message of reform, and that those selected for the screening panels were among them.

“It’s not surprising that some of the same people who got involved, spoke out or contributed to Eliot’s reform efforts would be interested in getting involved in his administration,” she said.

NICHOLAS CONFESSORE

Comment by John Galt — May 9, 2007 @ 7:01 pm

http://blogs.timesunion.com/capitol/?p=4604#comments

[Livyjr]

Former Assemblyman Ryan S. Karben left the capital under a cloud last year, but he continues to serve as a fund-raiser for Governor Spitzer, above right.

Mr. Karben, 32, was at a breakfast last week at which the governor discussed, among other things, his new federal political action committee, which he plans to use to support Congressional candidates.

“He’s got a really exciting vision for the state that I first saw when he was running for attorney general in 1998, and I’ve been supporting him ever since,” said Mr. Karben, who resigned last year after being accused of improperly fraternizing with interns.

Mr. Karben also has been invited to serve on the governor’s 2010 re-election finance committee.

“I would anticipate committing to raise a minimum of $100,000 for his election,” said Mr. Karben, who has a law practice in Monsey, N.Y.

http://www.nytimes.com/2007/04/16/nyregion…amp;oref=slogin

THE NEW YORK POST

"$PITZER REFORM PUZZLE"

By KENNETH LOVETT

May 10, 2007 -- ALBANY - Under fire for his own campaign fund-raising practices in recent weeks, Gov. Spitzer yesterday surrounded himself with good-government advocates to call for better disclosure of those who raise large bundles of cash for candidates.

"Of course, I endorse that and absolutely am in favor of all that," Spitzer said yesterday at a news conference to call for the Legislature to pass his campaign-finance reform plan.

Some of the good-government advocates with Spitzer yesterday had been critical of him after The Post disclosed that as he pushed for campaign-finance reform, he was asking potential donors to raise as much as $1 million for his 2010 re-election campaign in exchange for varying degrees of access to him and his wife.

Meanwhile, Republican Senate Majority Leader Joseph Bruno warned the Democratic governor not to focus so much on the issue that it jeopardizes the rest of his agenda.

http://www.nypost.com/seven/05102007/news/...neth_lovett.htm

[Livyjr]

THE NEW YORK DAILY NEWS

"New York's Goodfellas"

Thursday, May 10th 2007, 4:00 AM

The five bosses gathered yesterday, complete with backup muscle, for a sitdown over who's going to rule New York: Eliot (The Chin) Spitzer or Joe (The Trojan) Bruno.

Everyone knew that Spitzer is trying to knock off Bruno's soldiers one by one, but the whole crew - Shelly (The Undertaker) Silver, Malcolm (Ambitious) Smith and Jim (Who?) Tedisco - was all smiles until Bruno put his cards down.

Here's exactly what they said, actual dialogue, verbatim, from their Capitol meeting:

Bruno: We're on a honeymoon, and then it very suddenly ends the next day.

You're at peace, and then you're at war.

... I know we're targets.

... But every week I read that we're going to be taken out.

I'm just saying!

Silver: Senator, in my role as conciliator ...

Bruno: Yeah, you're a big conciliator.

I'm getting killed here, and all you're doing is conciliating.

Spitzer: You could switch roles if you wanted, Joe.

Bruno: For 12 years, I protected his butt.

And who the hell is protecting mine?

Smith: I am, Joe.

I'm protecting you.

Spitzer: Joe, we're covering you.

Don't worry.

(end quotes)

We've seen this movie before, Joe.

Be worried.

Be very worried.

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

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

And continuing along on the subject of the “MILLION DOLLAR STEAMROLLER’S” own “Pecksniffian” fund-raising efforts, and “pay-to-play”, and the hype and swill that we get on the subject from his PROPAGANDA MINISTRESS, Christine Anderson, there is this article from the NY TIMES dated March 19, 2007:

Generous Judicial Screeners

Glittering legal résumés abound among the 23 people Governor Spitzer appointed earlier this month to five screening committees that will review candidates for the state bench.

Among Mr. Spitzer’s appointments are senior partners at some of New York City’s leading law firms, eminent law-school professors and several retired state judges.

But many of the appointees have another qualification, too.

Ten of them contributed to Mr. Spitzer’s gubernatorial campaign, including the leaders of all five committees, who are selected by the governor.

In total, the appointees contributed about $85,000 — small beer in the current world of gubernatorial fund-raising.

Most of that was given by two of the appointees: Robert A. Bourque, chairman of the First Judicial Department Committee, and Henry B. Gutman, who sits on the second department’s committee.

Both are partners at Simpson Thacher & Bartlett; together they gave $68,500 to Mr. Spitzer during the 2006 election cycle.

Christine Anderson, a spokeswoman for Mr. Spitzer, noted that Mr. Spitzer’s campaign supporters were motivated by his message of reform, and that those selected for the screening panels were among them.

“It’s not surprising that some of the same people who got involved, spoke out or contributed to Eliot’s reform efforts would be interested in getting involved in his administration,” she said.

NICHOLAS CONFESSORE

Comment by John Galt — May 9, 2007 @ 7:01 pm

http://blogs.timesunion.com/capitol/?p=4604#comments

THE NEW YORK DAILY NEWS

"Judges' snub raises ire - 2 jurists left off list for choice post say politics, not merit, spurred pic"

BY CELESTE KATZ, DAILY NEWS STAFF WRITER

Thursday, May 10th 2007, 4:00 AM

Two judges who were passed over for a chance at a plum appellate court post have accused the state screening panel of making selections based on politics, not merit.

The criticism came in highly unusual public statements this week from Appellate Division Justices Richard Andrias and David Saxe.

The two veteran judges, who were among many candidates vying to lead the Appellate Division, First Department, which covers Manhattan and the Bronx, were not among the five recommended to Gov. Spitzer for further consideration.

The job is so highly prized, said Edwin David Robertson of the New York County Lawyers' Association, because the presiding justice oversees "probably the most prestigious intermediate appellate court in the entire United States."

In a written statement, Andrias said the panel deprived Spitzer of the chance to fully consider all the interested applicants.

"The result - excluding two senior and highly qualified members of our court from consideration - should give the champions of 'merit selection' and the appointive process pause, as it reveals how easy it is to manipulate a supposedly impartial and independent panel," Andrias said.

In a separate statement, Saxe said he was personally disappointed at not having made the cut, and said he found it "puzzling" that two Appellate Division justices were somehow found unqualified to lead a court they have long served with distinction.

Spitzer's office declined to respond to the judges' statements.

The head of the screening panel, attorney Robert Bourque, did not respond to repeated requests for comment.

The candidates chosen by the panel, according to the New York Law Journal, included three First Department colleagues of the two judges who are complaining: Luis Gonzalez, Angela Mazzarelli and Peter Tom.

Also chosen were the state's chief administrative judge, Jonathan Lippman, and Justice Stephen Crane of the Appellate Division, Second Department, in Brooklyn.

A source familiar with both of the candidates and the selection process called Lippman one of - and possibly the - leading candidate in part because of his close ties to state Court of Appeals Chief Judge Judith Kaye.

"I think she'd be devastated if he didn't get that spot, because she likes him so much," the source said.

Court system spokesman David Bookstaver said Lippmann has nothing to do with the selection process.

"He, like the other candidates, is awaiting the governor's decision," Bookstaver said.

ckatz@nydailynews.com

http://www.nydailynews.com/boroughs/bronx/...ses_ire_-2.html

[Livyjr]

"Details of agreement emerge in contract documents - Sematech's international headquarters will be at UAlbany site; directors to include 2 New Yorkers"

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

First published: Friday, May 11, 2007

ALBANY -- Sematech will set up its international headquarters in Albany, where it will staff an executive team, conduct board meetings and appoint at least two people representing New York as directors, according to contract documents between the state and the high-tech research consortium.

Details of the deal between the Austin, Texas-based semiconductor technology development consortium and New York state are spelled out in a letter of intent signed in January, and a lengthy contract expected to be signed upon passage of a bill providing $300 million in state funding for the "strategic alliance."

The bill, expected to be introduced today by Gov. Eliot Spitzer, will likely lack some of the details in the two documents, obtained Thursday by the Times Union.

Key details include:

Sematech, doing business as International Sematech, will have headquarters at the College of Nanoscale Science Engineering in Albany, staffed with "appropriate executives and entire business and administrative infrastructure."

Sematech agrees to "bringing or creating" 450 jobs at Albany or nearby to Albany.

Sematech will provide $300 million during the seven-year contract, $150 million in cash and $150 million in "cash equivalents," plus $5 million a year to universities or other groups for allied research in New York.

If it breaks its deal on funding, the state, represented by a foundation, can reduce its financing, too.

Inventions, or intellectual property, generated by the relationship will be shared.

Sematech would add two New York representatives to its seven-member board, one from the college, the other from Fuller Road Management Corp., landlord of the nanoscience complex.

Alain Kaloyeros, vice president and chief administrative officer of the nanoscience program, who signed the letter of intent with Sematech President Michael Polcari in January, said the Sematech board will meet in Albany and many people now working in Texas for the consortium will relocate here once the deal is completed.

Although Texas officials maintain that Sematech will not reduce its presence there as a result of the New York deal, Kaloyeros said he doubts that.

"Of the 400 jobs in Austin now, a significant number will be moving to Albany in the first year," he said.

The contract calls for 450 jobs coming to the University at Albany site, on top of 250 Sematech employs at the SUNY facility.

Kaloyeros said the operating budget for International Sematech will be at least $130 million -- $60 million each from Sematech and the state, and $10 million from the companies that make up Sematech.

He said that is more than four times the Austin Sematech operating budget.

Sematech officials say they are holding to a terse statement put out Wednesday by Polcari, which said Sematech's corporate offices and operations will remain in Texas, and that Sematech's international headquarters will be in Albany.

Sematech chose Austin 20 years ago in a nationwide competition, lured by a $485 million package of public and industry funds and incentives, according to Kaloyeros.

In 2002, former Gov. George Pataki announced a Sematech research center at UAlbany with $160 million in state dollars provided over five years.

Texas then gave Sematech a $40 million grant and promised tens of millions in loans, according to the Austin American-Statesman.

Pike Powers, who helped fashion the bid that drew Sematech to Austin, said consortium officials have told him Sematech's decision to grow in New York should not hurt Texas.

He said he is unaware of any executives moving north.

Sematech's chief executive, Kaloyeros said, will work in Albany.

The parties can back out of the seven year-deal by notifying each other two years in advance.

They also agree to keep quiet about details of their deal, with public statements requiring approval by the parties in writing.

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

[Livyjr]

"Comptroller: State budget up 8.2 percent"

By MARC HUMBERT, Associated Press

Last updated: 4:13 p.m., Thursday, May 10, 2007

ALBANY -- The state budget approved by Gov. Eliot Spitzer and the Legislature will raise state spending to $123.6 billion, an increase of 8.2 percent and $2.9 billion more than originally reported, state Comptroller Thomas DiNapoli said Thursday.

The comptroller's annual report said Spitzer and legislative leaders were able to come in with the lower bottom-line figure in their accounting by shifting spending into the old fiscal year and by not counting as spending everything they should have.

DiNapoli was not pleased with the final product.

"Thanks to Wall Street, there's been a lot of economic vitality in New York state," said DiNapoli.

"But that doesn't mean we should break the bank year after year."

"The out-year budget gaps are big and getting bigger."

"Spending is increased by three times the rate of inflation."

"Our debt service will soon surpass $5 billion a year."

"That's $5 billion that we're not spending on health care or education or property tax relief."

The report noted that in the decade that ended on March 31 of this year, state-funded debt had grown by 54 percent to $51 billion.

DiNapoli said the new budget means $26.3 billion in additional debt over the next five years.

"The state is running up its credit cards even though we have cash in our pockets," he said.

"It's fiscally imprudent."

"Details of agreement emerge in contract documents - Sematech's international headquarters will be at UAlbany site; directors to include 2 New Yorkers"

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

First published: Friday, May 11, 2007

ALBANY -- Sematech will set up its international headquarters in Albany, where it will staff an executive team, conduct board meetings and appoint at least two people representing New York as directors, according to contract documents between the state and the high-tech research consortium.

Details of the deal between the Austin, Texas-based semiconductor technology development consortium and New York state are spelled out in a letter of intent signed in January, and a lengthy contract expected to be signed upon passage of a bill providing $300 million in state funding for the "strategic alliance."

The bill, expected to be introduced today by Gov. Eliot Spitzer, will likely lack some of the details in the two documents, obtained Thursday by the Times Union.

They also agree to keep quiet about details of their deal, with public statements requiring approval by the parties in writing.

THE NEW YORK TIMES EMPIRE ZONE

May 10, 2007, 4:02 pm

"Spitzer Camp: DiNapoli report ‘Misleading’"

By Danny Hakim

The Empire Zone weighs in with more news from the sizzling debate over the state budget.

Is it $121 billion?

Is it $123.9 billion?

As devoted readers will recall, earlier today Comptroller Thomas P. DiNapoli said the budget was larger than previously thought — by $2.9 billion.

Now Gov. Eliot Spitzer’s budget director, Paul Francis, is rebutting, calling the comptroller’s report “highly misleading” and “misleading and inaccurate.”

Mr. Francis says the comptroller is counting capital spending items that are traditionally recorded as off-budget items.

“The spending identified by the Comptroller is spending that historically has not been included as on-budget spending in the State’s Financial Plan, nor is it included in the Comptroller’s published cash reports,” he said.

Snap!

Comments so far ...

May 11th, 2007 6:25 am

Who exactly are these Spitzer-ites trying to fool here with this talk of “capital spending items that are traditionally recorded as off-budget items”?

And that answer is us, obviously, since we, the people of NYS are the very ones who the “STEAMROLLER’S” people need to fool, to maintain an illusion that it is not just more “business as usual” up there in Albany, only with a new name on the door of the governor’s office on the second floor of the Capital building.

The “STEAMROLLER’S” empty promise to the people of the State of New York was supposedly, “everything changes on Day One”, and that should have meant all of this crap which has become “tradition” in Albany, despite its being outside the bounds of what our state Constitution allows!

And now, here are the Spitzer-ites relying on that very “tradition” to defend their flim-flam of us, as if we were nothing more than a pack of chumps or a bunch of just plain old ignorant schlubs!

And shame on us, if we let this “STEAMROLLER’S” fancy talker here snow us under with this load of crapola!

Shame on us, indeed!

And so ….

— Posted by Livyjr

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

[Livyjr]

October 9, 1990

Hon. Raymond J. Elliott, III
North Greenbush Town Court
2 Douglas St.
Wynantskill, N.Y. 12198

Dear Judge Elliott,

Enclosed herewith, please find a copy of the People's Notice of Appeal from a dismissal in the North Greenbush Town Court on Tuesday, October 2, 1990.

Mr. Jones (one of the defendants in the Federal Civil Rights lawsuit) contacted this office and requested this course of action.

By way of judicial economy, I hereby move to reargue the Motion to Dismiss in order to afford the People an opportunity to be heard on this matter.

The complainant in this case feels that there has been an injustice, and has sought the assistance of this office.

We have agreed to accept the responsibility to represent the People in this case.

My understanding of the events which took place in your court on October 2, 1990 clearly demonstrate that Mr. Jones is not familiar with the criminal justice system!"

"Mrs. Jones, while her actions were, without a doubt, inappropriate and arguably contemptuous, I do not believe such actions warrant or give rise to a dismissal.

"Furthermore, as PLAINTIFF'S familiarity with the law has been demonstrated in another action pending in your court, I sincerely believe adequate representation of the People's position should be provided by this office!"

By copy of this letter to PLAINTIFF, I am making this motion returnable on October 30, 1990, the same date that PLAINTIFF has another motion returnable.

Respectfully submitted, Richard J. McNally, Jr.
Assistant Rensselaer County District Attorney

- O'CONNOR "BIBLE" SUBMITTED TO THE FEDERAL SECOND CIRCUIT COURT OF APPEALS ON BEHALF OF THE RENSSELAER COUNTY DEFENDANTS, pp. 118-119

Appeals should be out in the open, is what I think, anyway, which is to say, there should be witnesses to what transpires there that day, as was the case here in Rensselaer County back on November, 30, 1992, when we MUTE WITNESSES were assembled in Rensselaer County Court to hear what we thought was going to be "argument" in another "appeal" involving this same PLAINTIFF!

And this appeal argument on November 30, 1992 was quite important, to all of us, because it involved the "PRECURSER" intimidation tactic employed against this same PLAINTIFF by Rensselaer County, only that time using false criminal charges, which ultimately backfired against Rensselaer County, as this appeal transcript clearly demonstrates, because of the strong "DUE PROCESS OF LAW" provisions that are built in to the New York State Criminal Procedure Law to protect the innocent from malicious prosecution for political purposes by the "modern state"!

The dialogue from that appeal on November 30, 1992 between Rensselaer County Court Judge M. Andrew Dwyer and Assistant Rensselaer County District Attorney Richard McNally who had been hounding the PLAINTIFF through the criminal courts of Rensselaer County since 1990 on false testimony and manufactured evidence is as follows, and we were there to not only hear what transpired, which is important, in and of itself, since it is an official transcript, BUT MORE .....

BECAUSE OF WHAT WE SAW, with OUR OWN EYES, which was JUSTICE, true justice, finally be effected in that particular portion of this long night of terror for OUR PLAINTIFF:

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

That is PEOPLE v. PLAINTIFF.

Apparently, it is pro se.

Mr. McNally, are you here for the PEOPLE?

This is a legal question.

I don't see that argument is necessary!

MCNALLY: This is a Motion to Dismiss!

JUDGE: A Motion to Reargue a Motion to Dismiss!

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

JUDGE: That is your position?

MCNALLY: That is my position!

JUDGE: THEN YOU CONSENT TO THE DISMISSAL?

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

JUDGE: How closely did you read the decision?

MCNALLY: Very!

JUDGE: The District Attorney consented?

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

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

MCNALLY: No further evidence, Judge!

JUDGE: Then it is dismissed!

MCNALLY: (to PLAINTIFF) Good job!

PLAINTIFF: Thank you, Your Honor!

(Whereupon, matter concluded)

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

"Out of desperation, county GOP makes quality pick for DA"

Albany, New York Times Union

First published: Friday, May 11, 2007

Leave it to those wily Republican leaders in Rensselaer County to come up with a strategy they haven't used in decades so they can keep the district attorney's office in this fall's election.

That is, offer the public a truly worthy candidate.

In recent memory, that's a first.

They must be desperate.

I suspect that even many insiders in Troy politics were surprised to learn that the Republican committee-endorsed candidate for DA will be Greg Cholakis, 41, son of the late and revered federal judge, Con Cholakis.

It's not that he isn't qualified, quite the opposite.

Greg has spent the last 13 years as the chief assistant public defender for Rensselaer County.

He's appeared in every court in the county and lives and breathes the law.

But like his father, Greg, who has been waiting for years in the wings for this opportunity, is fiercely independent.

Without fear or favor could be the family motto.

He is not a member of Senate Majority Leader Joe Bruno's Republican machine, and in truth they view him with suspicion.

Suffice to say Greg Cholakis is not the usual formula candidate the machine comes up with.

So why in the world are the Republicans taking such a drastic step?

Because they have no choice.

Sitting DA Trish DeAngelis desperately wanted the nomination again.

As pols of all parties do these days, the Republicans polled the electorate.

What they got back should have been obvious from her lopsided loss to virtual unknown Bob Jacon for a county judgeship two elections ago: Trish is radioactive.

The voters don't want her.

Doubly ironic because that extra judgeship, which no one in the county was asking for but Senator Joe made happen anyway, was created as a safe landing for DeAngelis to get her out of the DA's office.

It didn't work.

Nor does the public want another self-indulgent Ken doll, the DA who preceded her, as in Joe's son, Ken Bruno.

Ken and Trish were both propped up by the senator and rammed down the voters' throats.

Without the senator's enormous power and strings, neither Ken nor Trish could have been elected to anything.

At any rate, key Republicans, including Bruno, are now clearly aware that the old style of Republican County nepotistic politics is wearing thin at the moment, so they actually have to resort to a quality candidate.

Not that Greg's the only one.

The Dems will be offering Hoosick Falls lawyer Rich McNally, a seasoned, respected former chief assistant prosecutor in former DA Lou Catone's office.

He's quality goods as well.

Which means, either way, Rensselaer County won't be embarrassed by its district attorney.

Isn't that remarkable?

Now, there is no question Cholakis should run away with this race.

McNally is a native of Syracuse, and with the Dems coming off a devastating factional fight, fundraising will be tough.

Both sides figure the race will cost between $100,000 and $150,000.

By contrast, Cholakis is a native Trojan and has stuck it out right here through good times and bad, and he has that magic name.

Although more to the point, Greg Cholakis has carefully carved out his own thoughtful, compassionate identity, and is as well liked as any one practicing law on that side of the river.

The only minor obstacle in Cholakis' path, and it shouldn't be there long, will be an attempt by Troy City Council president and disgraced former judge Henry Bauer to primary Cholakis.

Bauer is exactly the wrong person for the job, and the minor support he's receiving so far is testimony to the fact that even his closest associates and many friends are aware of his unelectability.

In a rare bit of humiliation, he was tossed off the Troy city court bench by the state's highest court for essentially depriving defendants of their rights.

There are those who might see this as a John Wayne-plus for a super aggressive DA, but it's really quite the opposite.

The rule of law is about following rules and procedures.

Trish DeAngelis could give Bauer a treatise on that.

Anyway, Bauer hasn't earned the voters' trust on this.

That's all we need to know.

Besides, Bauer and the Republicans have another, more pressing election problem: keeping City Hall and the City Council.

If Bauer were to make a serious run for DA, he would have to resign his City Council seat, making it vulnerable.

His colleagues, I suspect, will talk him out of it.

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

[Livyjr]

THE NEW YORK TIMES EMPIRE ZONE

May 10, 2007, 4:02 pm

"Spitzer Camp: DiNapoli report ‘Misleading’"

By Danny Hakim

The Empire Zone weighs in with more news from the sizzling debate over the state budget.

Is it $121 billion?

Is it $123.9 billion?

As devoted readers will recall, earlier today Comptroller Thomas P. DiNapoli said the budget was larger than previously thought — by $2.9 billion.

Now Gov. Eliot Spitzer’s budget director, Paul Francis, is rebutting, calling the comptroller’s report “highly misleading” and “misleading and inaccurate.”

Mr. Francis says the comptroller is counting capital spending items that are traditionally recorded as off-budget items.

“The spending identified by the Comptroller is spending that historically has not been included as on-budget spending in the State’s Financial Plan, nor is it included in the Comptroller’s published cash reports,” he said.

Snap!

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

Comments

May 10th, 2007 6:07 pm

If only there were some group of professionals out there who could read through the Spitzer budget, the Comptroller’s report, and then explain to the public at large who’s being accurate.

Just daydreaming, I guess…

— Posted by Patience

May 11th, 2007 5:13 pm

When only experts or professionals can understand “government”, then what you have is an aristocracy, and here in NYS, that is something that we do not have, by intent!

We have a constitutional republic here in NYS, not an aristocracy!

According to our state Constitution, which is the “organic law” in the State of NY which governs how our government functions here in this state, there are no special qualifications for either governor or comptroller!

Both come “from the people”, which is us!

There is no special knowledge required of them to run for and hold office, such as was the case in imperial China, where one had to be a mandarin!

The Republic of Rome was ruled by an aristocracy, and there is no longer a Republic of Rome, and because of that history, which was known here in the State of New York at the time of separation from Great Britain back in 1776, we, the people of the State of New York consciously and intentionally chose to have a different form of government than that of the now-defunct Republic of Rome, one with more checks and balances in it than was the case in the now-defunct Republic of Rome, and one of the choices that we, the people of the State of NY made in our state Constitution was to have a comptroller separate from the excutive, a comptroller who is elected by the people, which is us, to oversee the budget process in the State of NY, because our history with unchecked executives has been quite dismal!

So, according to our state Constitution, the “tie” in this case of an argument between the executive and the comptroller would go to the comptroller, and that is precisely because we, the people wish it to be so, in ART. VII of our state Constitution!

Constitutionally speaking, we do not trust the governor, and so, we have someone not beholden to the governor to look over his shoulder and tell us some truth about the state budget!

And Tom DiNapoli has done so!

And Eliot Spitzer does not like that, nor does his man Paul Francis, but you know what?

Too damn bad for Eliot, and his man Paul Francis!

And so …

— Posted by Livyjr

http://empirezone.blogs.nytimes.com/2007/0...ort-misleading/

[Livyjr]

"Out of desperation, county GOP makes quality pick for DA"

Albany, New York Times Union

First published: Friday, May 11, 2007

The Dems will be offering Hoosick Falls lawyer Rich McNally, a seasoned, respected former chief assistant prosecutor in former DA Lou Catone's office.

ALBANY, NEW YORK TIMES UNION CAPITAL CONNECTION BLOG:

And it is indeed interesting that the subject of Mr. Richard McNally of Rensselaer County would turn up here in this open thread!

I was just over on another BLOG where issues of importance to Rensselaer County residents are discussed:

http://www.commongroundcommonsense.org/for...mp;#entry716935

And lo and behold, a real blast from the past circa 1990 through November 30, 1992 concerning Mr. Richard McNally and his false prosecution of former Rensselaer County Associate Public Health Engineer Paul R. Plante was right there, staring me in the face!

Which makes me laugh right out loud when I read \”concerned citizen\” talk about “his substantial contribution to the citizens of Renssalaer as a prosecutor” ...

And so that everyone in here can judge for themselves, here is a copy of a transcript from that public website of Mr. McNally standing before then-Rensselaer County Criminal Court Judge M. Andrew Dwyer on November 30, 1992, being forced to admit that he had no evidence to substantiate his malicious prosecution of Plante in the various town courts of Rensselaer County from January of 1990 to that time, after Plante was the victim of a hit-and-run driver on liberty Lane in the Town of Poestenkill, Rensselaer County on December 29, 1989, a politically-connected hit-and-run driver who was then allowed to bring criminal charges in Poestenkill Town Court against Plante to cover up the hit-and-run, which charges McNally then prosecuted for him:

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

That is PEOPLE v. PLANTE.

Apparently, it is pro se.

Mr. McNally, are you here for the PEOPLE?

This is a legal question.

I don’t see that argument is necessary!

MCNALLY: This is a Motion to Dismiss!

JUDGE: A Motion to Reargue a Motion to Dismiss!

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

JUDGE: That is your position?

MCNALLY: That is my position!

JUDGE: THEN YOU CONSENT TO THE DISMISSAL?

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

JUDGE: How closely did you read the decision?

MCNALLY: Very!

JUDGE: The District Attorney consented?

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

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

MCNALLY: No further evidence, Judge!

JUDGE: Then it is dismissed!

MCNALLY: (to PLANTE) Good job!

PLANTE: Thank you, Your Honor!

(Whereupon, matter concluded)

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

Comment by John Galt — May 11, 2007 @ 6:59 pm

http://blogs.timesunion.com/capitol/?p=4613#comments

[Livyjr]

"Budget forged in back room - Spitzer assures on-time passage after marathon deal-making session"

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

First published: Friday, March 30, 2007

ALBANY -- Legislative leaders and Gov. Eliot Spitzer cut a number of back-room deals in a marathon negotiating session Thursday as they stitched together a roughly $122 billion budget.

Spitzer seeks $300 million to fund an R&D computer chip center for Sematech, potentially in the Capital Region, two sources close to the talks said.

"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.

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

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.

"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 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.

"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.

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.

"Spitzer overture derails budget - Insiders say governor's attempt to get funds for legislative minorities stalls capital project plans"

By JAY JOCHNOWITZ, State editor, Albany, New York Times Union

First published: Wednesday, April 4, 2007

ALBANY -- As state budget talks were going down to the wire, Gov. Eliot Spitzer threw an unheard-of idea on the table: borrow tens of millions of dollars and give them to legislators in the Senate and Assembly minorities for projects in their districts

Partly as a result of Spitzer's proposal -- by the standards of Albany tradition, political heresy -- a capital budget with about $1 billion in borrowing was left out of the final budget

For now, that means money for at least one key Spitzer initiative in Albany, and dozens of local economic development projects around the state, is on hold

Insiders from both sides of the political aisle said the money Spitzer wanted to give out -- at least $60 million for the Assembly Republicans and Senate Democrats -- was the Democratic governor's way of saying thanks for lawmakers' support.

Insiders in both the governor's and legislative circles say Spitzer was grateful for support from Senate Democrats and promised them money for pet projects.

An exact figure wasn't available -- the numbers and the key discussions all took place behind closed doors among the leaders in the final days of negotiating the 2007-08 budget -- but the senior aide said that compared with the governor's share, the leaders felt they were being offered "table scraps."

The delay in doing a capital budget puts on hold two $300 million funds Spitzer wanted.

One is said by insiders to be for "Sematech II," a high-tech computer chip center in Albany.

"New York's moment"

Albany, New York Times Union

First published: Friday, May 11, 2007

The anticipation of 450 new research and development jobs in Albany, as part of establishing the headquarters of the computer chip company consortium known as Sematech, could easily be the moment in upstate New York's history when it regained the economic prominence it enjoyed in a very different and now obsolete era.

Just five years ago, Sematech's presence at the University at Albany consisted of 72 jobs.

It has since grown to 250 jobs.

Now the pending arrival of so many more specialized and high-paying positions -- jobs that are in the $80,000 to $100,000 range -- is best measured in all the additional employment and opportunity so likely to follow Wednesday's momentous announcement.

Clearly the state's investment of $300 million over five years is a shrewd one.

The state, in fact, will own the assets that Sematech will use, from equipment to intellectual property rights.

In the private sector, estimates are of hundreds of new, albeit smaller, companies creating thousands of jobs to meet the demands of shifting economy.

Because of Sematech, state officials predict, the risks of such ventures are lower.

An investment by Sematech itself, of $150 million in cash and $150 million in technology, will enable some $25 million to be invested in five more upstate universities to finance the research that generates growth and development in a modern and fast-paced economy.

Already state officials are talking about the related businesses that bringing Sematech to Albany could steer to the upstate's much less well-off cities, like Utica and Plattsburgh.

To understand the Sematech-to-Albany phenomenon in national terms, listen to state Assemblyman Ronald Canestrari of Cohoes. "Any time we get a reverse migration from the South to the North in terms of jobs, it's a real good day."

To reap such potential riches, though, will require all associated with Sematech, directly or indirectly, to act swiftly yet wisely.

Yes, Sematech is committed to operating in New York for at least seven years.

But time can be fleeting in an area of the economy that's built upon advancement and change.

Truly capitalizing upon what Sematech offers will require looking beyond it, to the next developments in computer chip and semiconductor technology.

More than anything, Sematech and the plans for Advanced Micro Devices Inc.'s computer chip manufacturing plant in Saratoga County bring this immediate and daunting challenge -- to manage growth on a perhaps unprecedented scale.

Sematech was first established and located in Austin, Texas, some two decades ago, when the city's population was in the process of doubling in just 15 years.

Upstate New York has had to contend with sprawl issues even as its population has been stagnant and its manufacturing-based economy has withered.

Local governments, which tend to be resistant to more regional-based approaches, will have to deal deftly with development pressures.

How will the region grow as it embraces the economic possibilities of the 21st century?

It's an exciting, if difficult, question to have to answer and to answer very, very soon.

[Livyjr]

"Report disputes Verizon millions - State audit finds company sought federal funds for 9/11 damage after collecting from its private insurer"

By COLEMAN COWAN, GRETCHEN CUDA, ELLEN GABLER and CHRISTOPHE R T, Special to the Times Union

First published: Sunday, May 13, 2007

A state audit report issued last fall found that Verizon claimed $118 million in federal aid to rebuild phone lines in the days following the Sept. 11, 2001, World Trade Center attack even after the company had received cash for those same emergency repairs from its private insurance coverage.

Auditors found the company also tried to inappropriately claim $56 million for emergency repairs that should have been claimed as long-term repairs.

The government had offered to reimburse utilities in full for emergency repairs, but only for 75 percent of some permanent repairs.

The audit report, issued last September, found other questionable claims by Verizon and concluded that, in all, the company was not entitled to $230 million of a $280 million total claim against the federal government to cover emergency 9/11 repairs in lower Manhattan.

For months, state officials have kept the existence of the audit quiet.

The Times Union acquired a copy and shared it with students at the Stabile Center for Investigative Journalism at Columbia University.

Verizon officials say the audit is wrong because the company's 9/11 insurance proceeds came in a massive lump-sum cash settlement that can't be directly attributed to its specific claims for 9/11 aid from the government.

After 9/11, Congress offered cash to reimburse utilities that suffered massive damage in the attacks so customers would not have to bear the costs.

Verizon lost 300,000 voice lines and four million data circuits in lower Manhattan and scrambled to restore communications service to the New York Stock Exchange, Wall Street firms and government offices in the weeks that immediately followed.

Years later, state officials began to audit Verizon's federal reimbursement claims for that emergency work.

Verizon officials deny wrongdoing and say the purpose of federal 9/11 aid for utilities was "to make us whole."

The company has appealed the state auditors' findings.

"If we were to recover all the money we applied for ... that, in combination with the proceeds from our insurance, still would not fully compensate us for our losses," said John Bonomo, Verizon spokesman.

Much of Verizon's claim centers on work to restore its nerve center for lower Manhattan in the Verizon Building at 140 West Street, adjacent to the World Trade Center site.

Six months after the 9/11 attacks, federal, state and local officials brokered a deal that created the federal Utility Restoration and Infrastructure Rebuilding Program.

It was to be administered by the Department of Housing and Urban Development and became part of a massive $20 billion promise of aid New York Sen. Chuck Schumer obtained from President George W. Bush.

The plan allocated a total of $750 million to rebuild utilities destroyed by the terrorist attacks, $250 million of which was allocated for emergency restoration of services by four utilities, including Verizon.

Under the rebuilding plan, emergency restoration expenses, called "Category One" costs, were 100 percent reimbursable.

"Category Two" costs, or permanent rebuilding expenses, were 75 to 100 percent reimbursable.

Between October 2003 and March 2004, Verizon submitted four claims for Category One emergency repair reimbursement totaling more than $280 million.

As with the other utility companies that submitted claims, Verizon's application was examined by Empire State Development Corp., which was given responsibility for overseeing distribution of the federal funds.

Last September's ESDC audit dealt only with Category One expenditures.

Meanwhile, Verizon received an $89 million advance from the federal government while state auditors reviewed its claim.

Eventually, auditors concluded that Verizon was entitled to less than $50 million for its Category One emergency rebuilding claims and that the remaining funds already paid in advance to the utility be deducted from aid still due it for permanent reconstruction covered under the program's so-called Category Two.

Much of the state's more than 200-page audit examines whether Verizon's claim for federal money had already been covered by its insurance.

The federal program prohibited utilities from claiming their privately insured losses.

Auditors found that Verizon failed to tell the federal government just how much a private insurance settlement paid the company for its emergency 9/11 repairs.

Claims already covered by insurance and non-emergency repairs that didn't qualify for full reimbursement weren't all that state auditors questioned.

They also disallowed almost $21 million in expensed straight time pay for employees and about $35 million for other costs that did not meet audit evidence standards.

In all, Verizon claimed more than $230 million more than the plan allowed and, as a result, collected almost $39 million more than it was entitled for emergency repairs, auditors concluded.

The auditors' report also said Verizon delayed or tried to obstruct the audit team's effort to document Verizon's claims.

"As the audit progressed, we encountered serious difficulties in obtaining information from Verizon on such key items as labor and insurance proceeds."

"During the course of the audit, the latter issue developed into the single most significant topic," the auditors wrote in their report.

It would take over a year for the auditors to obtain documentation of Verizon's $825 million insurance settlement for all its 9/11 damages, according to the audit report.

Schumer, who worked to bring federal aid to New York City after 9/11, had no immediate comment on the audit.

The audit report comes at a time when Verizon Chief Executive Ivan G. Seidenberg is being scrutinized by shareholder activists focusing on excessive payments to executives.

According to a recent survey by The Wall Street Journal, Seidenberg received $23.7 million in total compensation in 2006.

The New York Times recently reported that Seidenberg's equity holdings amount to more than $65 million.

After auditors made preliminary findings in 2005, Verizon argued that an inappropriately high standard of evidence had been applied in its reimbursement audit.

It also argued that detailed spreadsheets used in the insurance settlement process were improperly used by auditors as a line-by-line allocation of the insurance proceeds.

These claims were rejected by the audit team.

Verizon appealed the final audit report on Jan. 4, 2007, and that appeal is currently under consideration by Empire State Development Corp.

Avi Schick, Empire State Development Corp. president and chief operating officer, declined to comment publicly on the case.

The agency is considering detailed materials submitted by Verizon and the Sept. 19, 2006, report by state auditors is not necessarily the final word on the matter.

If an agreement is not reached, Verizon is expected to file a claim in state Supreme Court to force payment of its claims in full.

Schick and other state officials would not disclose what, if any, settlement with Verizon is being considered or say when a decision will be made on Verizon's appeal.

Coleman Cowan, Gretchen Cuda, Ellen Gabler and Christopher Twarowski are students at the Stabile Center for Investigative Journalism, which is part of Columbia University's Graduate School of Journalism in Manhattan. They prepared this story under the supervision of Times Union Senior Editor Bob Port, who can be reached at 454-5064 or by e-mail at bport@timesunion.com.

[Livyjr]

"Report disputes Verizon millions - State audit finds company sought federal funds for 9/11 damage after collecting from its private insurer"

By COLEMAN COWAN, GRETCHEN CUDA, ELLEN GABLER and CHRISTOPHE R T, Special to the Times Union

First published: Sunday, May 13, 2007

A state audit report issued last fall found that Verizon claimed $118 million in federal aid to rebuild phone lines in the days following the Sept. 11, 2001, World Trade Center attack even after the company had received cash for those same emergency repairs from its private insurance coverage.

Auditors found the company also tried to inappropriately claim $56 million for emergency repairs that should have been claimed as long-term repairs.

The audit report, issued last September, found other questionable claims by Verizon and concluded that, in all, the company was not entitled to $230 million of a $280 million total claim against the federal government to cover emergency 9/11 repairs in lower Manhattan.

For months, state officials have kept the existence of the audit quiet.

Avi Schick, Empire State Development Corp. president and chief operating officer, declined to comment publicly on the case.

The agency is considering detailed materials submitted by Verizon and the Sept. 19, 2006, report by state auditors is not necessarily the final word on the matter.

RE: Avi Schick

http://www.law.yale.edu/documents/pdf/CBL/...dents_Brief.pdf

http://www.nydailynews.com/blogs/dailypoli...oplevGrasso.pdf

This post has been edited by Livyjr: May 13 2007, 06:25 AM

[Livyjr]

ALBANY, NEW YORK TIMES UNION CAPITAL CONFIDENTIAL BLOG:

And reading through the TU article “Campaign donors overly generous - Groups call for state action; elections board says number of violators is likely less than report claims” by JAMES M. ODATO, Capitol bureau, Albany, New York Times Union, first published Wednesday, May 9, 2007, I noticed the following:

“Some of the biggest apparent violators include Smokin Joe’s, which totaled $28,300 in donations, the group reported.”

“The Native American cigarette business was joined by **** New York Society of Professional Engineers, $36,765 ….”

Now, there is a real telling New York State story, alright …..

The New York Society of Professional Engineers violating the law in NYS!

According to the Rules of Professional Practice in NYS for professional engineers, they are supposed to practice in SUBSTANTIAL COMPLIANCE with all federal, state and local laws, rules and regulations which govern the practice ….

But of course, that really is a joke, because the New York State Department of Education Office of Professional Discipline looks the other way on that issue ….

Because the New York Society of Professional Engineers, who are themselves regulated by the State Education Department, have a strong lobby and a lot of powerful political connections ….

Which in turn earns them a free ride here in Albany …

With the extra campaign cash they doled out helping to keep the skids well-greased ….

And so …

Comment by John Galt — May 9, 2007 @ 8:06 pm

http://blogs.timesunion.com/capitol/?p=4604#comments

Rochester Democrat & Chronicle

"Many flout donation limit, but election law lacks teeth"

Albany bureau

(May 9, 2007) — ALBANY — About 160 corporations and nonprofits apparently violated New York's limit on campaign contributions in 2006 elections, according to a report issued Tuesday by a coalition of good-government groups that studied corporate donations.

Some companies gave more than $5,000 but may not have violated the state's loose laws because the donation went to a campaign committee exempt from such limits.

The penalty for flouting the law?

Probably nothing.

The state Board of Elections doesn't have the power to fine contribution-limit violators.

All told, the corporations gave roughly $1.35 million, or about $542,000 more than they should have been limited to, the report said.

The Board of Elections has just one person assigned to investigate such issues, said Rachel Leon of Common Cause, one of the groups issuing the report.

Board of Elections spokesman Lee Daghlian defended its work but agreed with critics that the agency needs more staff.

Among the companies cited was Rochester Colonial, a door and window manufacturer, which gave $6,000 — $3,000 to Monroe County Executive Maggie Brooks and $3,000 to the county GOP committee.

http://www.democratandchronicle.com/apps/p...90383/1002/NEWS

[Livyjr]

Albany, New York Times Union Capitol confidential

"High-Tech, Human Trafficking and Other Priorities Firming Up For Final Six Weeks"

May 9, 2007 at 12:33 pm by James M. Odato

Gov. Eliot Spitzer and legislative leaders tentatively agreed to come up with $300 million in a capital budget bill for Sematech II, the next phase of a huge high-tech consortium of research companies that is ready to move from Texas to the University at Albany.

The recruitment of Sematech from Austin, which won a bid for it two decades ago against other regions, including Albany, is expected to spur hundreds of jobs and increase population by thousands in the Capital Region, legislative officials said.

Spitzer, in a meeting with the Legislature’s top four leaders, revealed funding for Sematech is one of the top priorities of the remaining six weeks of the legislative session.

He urged lawmakers to get behind his $300 million plan for the computer chip research and development center for Sematech.

Spitzer had declined to reveal the project, which he put in his budget, until today, although the Times Union has been reporting Sematech as the recipient of the money he has been seeking.

Assembly Speaker Sheldon Silver said a bill supporting the project will be introduced in his chamber today.

It will call for $300 million over five years for Sematech, he said.

Silver said the uprooting of Sematech from Texas will result in 450 jobs coming to this region.

Already, Sematech employs 250 in Albany as a result of a facility the group opened a few years ago at the state university’s campus.

“And . . . factories spring up around it to create more jobs where the research is taking place,'’ Silver said.

There’s also a commitment to invest $5 million to five different upstate universities for allied research and development which stems from the Sematech program.

There will be a merit-based application process with the ability of R&D money.

“It’s phenomenal, they’re abandoning Austin to come to Albany,'’ said Assembly Majority Leader Ron Canestrari, D-Cohoes.

“Any time we get a reverse migration from the South to the North in terms of jobs, it’s a real good day.'’

Senate Majority Leader Joseph Bruno, R-Brunswick, said his conference will support the Sematech investment.

But he said the package that includes the $300 million for Sematech must come with a big additional pot of money for other capital needs to spur economic development.

Spitzer said other priorities he has for the remaining session days include getting a deal for legislation that cracks down of human trafficking, reforms the campaign finance system, does away with unhealthy food in schools and rids video games of violent and sexually explicit content.

Bruno suggested holding off on campaign finance since his conference can’t go along with Spitzer’s program.

He also warned that now is not the time to get political and campaign for elections, but a time to strike deals on policies.

His priorities, he said, include a bill to institute the death penalty for cop killers, bring about $200 million in tax relief to senior citizens, resolve the racing franchise and protect some hospitals from being closed, such as Bellevue Woman’s Hospital in Niskayuna.

Silver said the Assembly wants to conference bills publicly with the Senate to iron out differences, but noted his chamber won’t be doing a death penalty measure.

Spitzer said he will call weekly five-way meetings to discuss progress, a move that delighted Assembly Minority Leader James Tedisco, R-Schenectady, who said he’s been waiting 25 years for such daylight in legislative negotiations.

http://blogs.timesunion.com/capitol/?p=4600#comments