"GOP consultant tied to threatening call ousted - Roger Stone denies he left obscenity-laced message for Spitzer's father"

By JAMES M. ODATO and DAN HIGGINS, Staff writers, Albany, New York Times Union

First published: Thursday, August 23, 2007

ALBANY -- Senate Republicans ousted controversial political consultant Roger Stone on Wednesday, following allegations he left an obscene, threatening phone message for the elderly father of Gov. Eliot Spitzer.

Democrats want an apology and called for an investigation by a Senate panel, but no apology was offered by Senate Republicans or Stone, who continued to deny any involvement in the message left Aug. 6 for Bernard Spitzer at his office.

Senate Majority Leader Joseph L. Bruno said the Senate Republican Campaign Committee, which Bruno controls, was paying Stone $20,000 monthly.

He said Stone resigned at Bruno's request.

Bruno said he would not let the episode deter Republicans in their push to find out whether the Democratic governor and his chief of staff knew of efforts to gather damaging information about Bruno's use of state aircraft and State Police drivers.

Political sources said some advisers wanted to keep Stone, and he may end up working for individual senators in the coming months.

But Bruno abruptly cut Stone free after discussions with advisers, and amid calls from Democratic leaders for Stone's ouster.

Since late June, Stone has been advising the Senate majority, conducting conferences with Republican members and campaign committee chairmen and offering ideas on how to attack Spitzer and retain control of the Senate next year.

Republicans hold a two-seat majority.

In an interview Tuesday and in a statement released Wednesday, Stone, 55, a veteran of 35 years of political operations, denied wrongdoing for alleged misdeeds and stayed on the offensive.

"The guy who makes threatening phone calls to people is Eliot Spitzer, not Roger Stone," the Miami-based consultant said.

Stone claimed he was at the theater that night, but New York magazine reported that the play he claimed to have attended, Frost/Nixon, was closed that evening.

Bruno said he is unsure if Stone made the threatening call to the governor's father.

Bruno told reporters at an event at Saratoga Race Course that Stone "agreed to resign and end his relationship with us at our request."

"We are not going to allow this incident to become a distraction or to be used as an excuse to hamper people from getting at the truth."

Bruno, however, did not confirm or dispute Stone's account of the matter.

Someone left an obscenity-laced message for Bernard Spitzer, 83, telling him he would be forced to testify before the Senate Investigations committee, and possibly arrested, in connection with his financial help in his son's 1998 campaign for attorney general.

"I'm not second-guessing anybody," Bruno said.

"Roger says he didn't do it; he says somebody got into his apartment ... I did everything in my power I have control of."

"We asked him to resign."

Bruno called the allegations "serious" and "despicable," but said he doesn't think it's important whether he believes Stone's story -- that someone, likely Spitzer allies, got into his Manhattan apartment and placed the call, somehow imitating his voice.

What's important, Bruno said, is figuring out if Spitzer and his secretary, Richard Baum, abused executive power to go after Bruno.

He said the two issues are "totally unrelated."

However, Democratic leaders sought to link the two.

Earlier in the day, state Democratic Party Chairwoman June O'Neill and Co-chairman Dave Pollak called on Senate Republicans to fire Stone and apologize for his alleged actions.

And Sen. William Stachowski, D-Buffalo, a member of the Senate Investigations Committee, wrote to Bruno demanding an investigation into the Stone affair.

Stachowski said the public should learn who in the Senate majority knew about Stone's actions.

Stone worked most closely with Bruno and key central staff members such as Ed Lurie, executive director of the Senate Republican Campaign Committee, and Senate communications director John McArdle, according to a person apprised of his business dealings.

Stachowski was later backed by Senate Minority Leader Malcolm Smith, D-Queens, who called for an inquiry into how much Stone was involved in the Senate majority's government business.

Senate Investigations Committee Chairman George Winner said an investigation by his panel is highly unlikely.

"If this wasn't the silliest thing I ever heard of."

"To what advantage would someone have to harass an 83-year-old man?" said Winner.

He said he can't consider Stachowski's letter and Smith's news release on the matter "serious."

"It's a complete smoke screen," he said.

"What possible offense was committed here?"

"The only offense was the making of a call."

He said he has no idea if Stone made the call and said he does not know Stone and has never talked with him.

Some former colleagues of Stone say they have little doubt that he made the call.

"If it walks like a duck and quacks like a duck," said John Zogby, a Utica-based polling company operator who worked with Stone on the 2002 gubernatorial campaign of Tom Golisano.

"I was told from the beginning to watch out for Roger Stone, and while I felt that I worked well with him, I did come to see that he would favor tactics that I considered to be problematic," Zogby said.

"I don't think I would work with him again."

Stone has worked on dozens of campaigns and public affairs jobs since the 1970s.

Republicans have been his speciality, including Presidents Richard M. Nixon and Ronald Reagan, and Connecticut Gov. John Rowland.

He was part of George W. Bush's team in Florida in 2000.

He has served wealthy political aspirants like Donald Trump and B. Thomas Golisano.

He's no stranger to controversy.

In 1996, news reports highlighted ads for mate-swapping that featured Stone and his wife.

He claimed a "sick and disgruntled" person must have posted his picture and ad on Internet sites, even though his credit card was used to pay for the spots.

More recently, he was found by the Temporary State Commission on Lobbying to be part of a conspiracy behind an ad campaign to smear the St. Regis Mohawk Tribe, using a front group to place ads portraying the tribe as criminals.

An investigation in 2000 ended with $250,000 in civil penalties against various parties including Trump Hotel and Casino Resorts.

His penalty was $100,000.

James M. Odato can be reached at 454-5083 or by e-mail at jodato@timesunion.com. State Editor Jay Jochnowitz contributed to this report

THE NEW YORK TIMES

Editorial

"Curiouser and Curiouser"

Published: August 23, 2007

New York State politics has become an arena best entered through the looking glass.

First, Gov. Eliot Spitzer’s team tried to reveal the bad transportation habits of his chief Republican opponent by pushing state troopers to reveal all.

Then came the investigations of his administration’s bad habits in using state troopers for political purposes.

And now there is The Phone Call.

Bernard Spitzer, Mr. Spitzer’s father, has reported receiving a threatening, at one point obscene, phone call traced to Roger Stone, a prominent Republican operative.

Mr. Stone, who has been working with state Republicans in recent months, has denied making the call.

He has suggested that somebody entered his apartment and used his phone for a dirty trick.

Alternatively, he surmised that his enemies fabricated the voice mail from taping his many appearances on television.

One thing is certain, whoever called from Mr. Stone’s phone was full of late-evening venom — accusing the 83-year-old real estate developer of “shady” campaign loans and calling his son a “phony” and a “psycho.”

A touch of obscenity (the kind not normally heard on political TV shows) was added for emphasis.

Senator Joseph Bruno, the state’s lead Republican politician and target of the Spitzer crew’s original attack, fairly quickly decided the phone call was enough of a “distraction.”

Yesterday, he severed the party’s relationship with Mr. Stone.

That might be a very good move for everybody.

After Mr. Stone, who once did political work for Richard Nixon, began meeting with Senate Republicans earlier this year, the party and its friends have been issuing a ream of press releases about Mr. Spitzer and his staff.

An associate of Mr. Stone has put out a daily e-mail trying to make the whole thing look like Watergate.

Now that Mr. Stone, the phone call and the caller’s charges are official distractions, we’d like to add to that list of sideshows all the breast-beating in Albany these days about the Spitzer administration.

Whatever the new governor’s administration did wrong, it is now just the latest excuse for legislators to avoid doing the hard stuff, like cleaning up brownfields or the scandalous way campaign dollars control politicians in New York State.

http://www.nytimes.com/2007/08/23/opinion/...amp;oref=slogin

THE NEW YORK DAILY NEWS

Exclusive

"Ex-demolition boss: I warned of safety lapses"

By ALISON GENDAR
DAILY NEWS STAFF WRITER

Thursday, August 23rd 2007, 5:33 PM

Workers at the toxic former Deutsche Bank tower drank, smoked and ignored basic safety rules on the job - and the company doing the $177 million demolition project never reined them in, a whistleblower told the Daily News.

"The firefighters - they didn't stand a chance."

"They walked into a deathtrap, a booby trap a year or more in the making," said the 52-year-old asbestos-removal supervisor, who worked at the Ground Zero job site for a year.

The supervisor met with FDNY marshals Tuesday, telling them he saw a slew of safety violations in the toxic tower.

He said the 29th floor was casually known as "Teddy's Tavern" because of the vodka and other booze regularly consumed in that floor's decontamination unit, where men cleaned up and ate meals.

The 29th floor has since been demolished.

The whistleblower also said work crews smoked heavily and ran live power lines along floors where asbestos removal was being done - a dangerous lapse.

He said the demolition subcontractor, John Galt Corp., hired one electrician to monitor 10 floors, instead of the required two per floor.

He charged that some workers set up transformers on work floors and failed to safeguard the red-hot electrical generators.

Galt was hit with a "Notice of Default" yesterday from Bovis Lend Lease, the general contractor.

The notice axed Galt from the project, citing numerous safety violations at the demolition site and "the failure to properly maintain all required site safety precautions."

The whistleblower worked at the job site from May 2006 until Memorial Day 2007, when he said he had a blowup with his boss at John Galt over an unpaid bonus.

The whistleblower said he quit and took a better job.

He said he came forward so what happened to the doomed firefighters at the former Deutsche Bank building doesn't happen to another firefighter.

"My son is FDNY, a firefighter."

"It could have been my son going into that deathtrap," he said.

"The people in charge of that site knew there were problems."

"They were told there were problems, and they did nothing."

FDNY marshals interviewed the whistleblower as part of their ongoing probe into the cause of Saturday's deadly blaze.

The whistleblower said the violations he saw turned his stomach.

"Mayor Bloomberg said that the city was lucky that these guys [Galt] took the job?"

"Not so lucky," he said.

The Ground Zero project was Galt's first demolition of a tower and its first major asbestos job - and it showed, he said.

He said the company fired an asbestos supervisor around last Christmas because he was routinely drunk, but then rehired him in the spring to run the 17th floor, which is where the FDNY believes the fire ignited.

"He was a drunk."

"Everyone knew it."

"For whatever reason they let him back on thejob this spring, and now everyone's looking at the 17th floor," the whistleblower said.

The asbestos supervisor singled out by the whistleblower acknowledged he was in charge of the 17th floor, but said he never drank on the job, and didn't allow anyone else to drink.

He said he left several hours before Saturday's fire erupted.

"I wasn't there when the fire broke out."

"I left at noon."

"I had to go to New Jersey," the man said, adding his employer told him "not to say anything to the press."

A cordial but tight-lipped Greg Blinn, Galt's president, said outside his mansion overlooking the Hudson River in Valley Cottage, Rockland County, "According to my contract with Bovis and the city, I'm not allowed to talk."

"I wish I could, but I can't."

An employee at Galt's Manhattan headquarters answered the phone with, "I have no comment," then hung up as a reporter listed the whistleblower's allegations.

Attempts to reach lawyers for Galt were unsuccessful.

A spokeswoman for Bovis said she could not comment about a Galt employee.

The whistleblower said all the problems went unchecked even as the site was crawling with city, state and federal inspectors.

"The inspectors were good about the air and cleanup and making sure dust didn't get out in the neighborhood."

"But how the site was run - nobody was looking at that," he said.

"It wasn't their responsibility."

The whistleblower said he knows he will be scrutinized now that he has come forward, and volunteered that he served prison time for drug possession in the late 1980s.

"I'm a street guy, I admit it," he said.

"What I did was stupidness."

"But what I saw at that construction site was wrong, and now, we find out, deadly."

The whistleblower also said the water standpipe - dismantled and useless to the firefighters who needed water on the upper floors to battle Saturday's blaze - appeared in good shape when he left in May.

Fire marshals are looking into whether employees dismantled the standpipe to run compressed air through the pipes to upper floors to power their tools, sources said.

The ex-boss said he complained to higherups at Galt about the smoking, drinking and safety violations.

"No one listened," he said.

agendar@nydailynews.com

With Ethan Rouen

http://www.nydailynews.com/news/2007/08/23...safety_lap.html

"Upstate NY sheriff and 5 underlings accused of misconduct"

By BEN DOBBIN, Associated Press

Last updated: 5:33 p.m., Tuesday, August 28, 2007

WATERLOO, N.Y. -- A sheriff and his former top deputy in a rural upstate county tried to pin crimes on at least four people who criticized them in an Internet forum, a prosecutor said Tuesday as six officers were charged with misconduct ranging from theft to falsifying business records.

Leo Connolly, 65, who took over as sheriff of Seneca County in 2004, told his undersheriff, James Larson, to slap the private residents "with whatever violation of law he could" in retaliation for their political attacks on a popular Web site in the Finger Lakes region, prosecutor R. Michael Tantillo said.

Nobody was ever ticketed or arrested, however, because sheriff's deputies "directed to target these individuals took it upon themselves not to follow those orders," Tantillo said.

After a seven-month grand jury investigation, Connolly, Larson, three sheriff's deputies and a former deputy appeared in Seneca County Court to plead not guilty to misconduct complaints dating to January 2005.

Connolly, a former FBI agent who is not seeking re-election in the fall, was accused of official misconduct for targeting his Internet critics with "selective enforcement" and offering a sheriff's deputy overtime pay to carry out his orders.

He was also charged with lying to the grand jury about a drug investigation and defrauding the county by claiming four officers attended a diver-training program in Florida when they were actually on vacation.

After his arraignment, Connolly took a "personal leave" from his job, the sheriff's department said without elaborating.

If convicted, he could draw a maximum 28 months to seven years in prison.

"Obviously, it's improper for any law enforcement or public official to target for retaliation someone else who is doing nothing more than exercising a protected right, that being a right of speech," said Tantillo, a district attorney brought in as a special prosecutor from adjoining Ontario County.

Larson, who resigned in March 2006 a few months after misconduct complaints surfaced, was accused of stealing a colleague's shotgun along with thousands of dollars worth of sheriff's department equipment, ranging from uniforms, handcuffs and ammunition to a soft drink machine, Tantillo said.

Most of the items were recovered in a raid on Larson's home, he added.

Larson was also charged with official misconduct for targeting the Internet critics and using official diving equipment to carry out paying jobs for two lakeside homeowners.

If convicted, he could be sentenced to as much as 16 months to four years.

In addition, four sheriff's deputies -- one a part-time employee who was fired last year and three suspended without pay Tuesday -- were charged with misdemeanors for stealing either tires, boats or other official equipment.

Charges against two of them, Christopher Constable and Scott Buck, are expected to be dropped because they cooperated with authorities.

"There are a lot of good officers in this county who take their job very seriously and try very hard to do a good job, and in fact are as chagrined as anybody else in this county," Tantillo said.

Connolly's attorney, Robert Napier, blamed Larson for the debacle.

"Sheriff Connolly was the victim of a systematic effort on the part of a rogue and now disgraced undersheriff to prevent the free flow of information from members of the department to the sheriff himself for the purpose of attempting to conceal the criminal and immoral activity of the undersheriff," he said.

"Once Sheriff Connolly became aware of this conduct, he acted swiftly and decisively to restore discipline and integrity within the sheriff's department," he said.

"Comptroller says NY paid $10 million for services not provided"

By RICHARD RICHTMYER, Associated Press

Last updated: 3:53 p.m., Tuesday, August 28, 2007

ALBANY -- New York state paid nearly $10 million in Medicaid claims over five years for home care and transportation services for patients who were either in the hospital or had died, according to an audit.

Comptroller Thomas DiNapoli blamed the state Department of Health for not detecting the overpayments, a problem also identified in past audits.

The comptroller's office reviewed records for a five-year period that ended in April 2006 and found the state paid $5.7 million for home care while Medicaid recipients were in the hospital or had died.

Most of those overpayments were for hospitalized patients.

Roughly $14,000 was paid for the care of patients who had died.

A separate audit of medical transportation providers during the same period found about $4 million in payments for trips that probably never happened because the patients were already in the hospital.

The state paid just under $1 billion in Medicaid claims for home care and about $338 million for transportation in 2004, the most recent information available, according to the health department.

DiNapoli said the audit findings underscore a problem with the state's Medicaid claims processing system, which is administered by the health department.

Claire Pospisil, a health department spokeswoman, pointed out that the comptroller's audit covered Medicaid billing during former Gov. George Pataki's administration.

Since Gov. Eliot Spitzer took office in January, the agency has beeen upgrading the system to "stop and detect fraudulent billing and close the cracks," Pospisil said, although she could not provide details.

In written responses in April, the health department questioned the comptroller's findings, saying that at least some of the data or its interpretation was flawed.

The agency said the comptroller's report overstated the possible home care overpayments by more than $2 million.

The health department said it was already investigating $2.4 million in questionable home care claims when it received the comptroller's report in the spring.

The agency said it is reviewing the $4 million in transportation payments the comptroller's audit identified.

"Spitzer aide gets pay as GOP fumes - Darren Dopp, a Bruno flight scandal figure, still suspended, but cashes accruals; status unclear"

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

First published: Tuesday, August 28, 2007

ALBANY -- Republicans on Monday blasted the Spitzer administration's decision to let a key figure in the Troopergate scandal start collecting a paycheck again.

Gov. Eliot Spitzer's communications director, Darren Dopp, remains suspended, but will be allowed to cash in vacation and other excused time he amassed over his career in state government, according to Lloyd Constantine, deputy secretary to the governor.

"He's being allowed to spend down his accrued leave time," Constantine said.

Dopp has six to eight weeks of such leave at his disposal, he said, but was unable to discuss other details of Dopp's job status.

A leading Senate Republican said the move showed poor judgment on Spitzer's part.

Deputy Majority Leader Dean Skelos, R-Rockville Center, said the Democratic governor should wait until various investigations into the matter play out, and have everyone involved come forward.

"By returning Darren Dopp to a high-paying position within his administration before the ongoing investigations are completed and the matter is thoroughly resolved, Gov. Spitzer would be making another poor decision and further compromise both the integrity of his administration and the public trust," Skelos said.

Skelos used Dopp's return to the payroll to call for Spitzer to provide all e-mails related to the scandal to investigators, and direct his staffers to testify under oath.

The Senate Investigations Committee, State Ethics Commission, and Albany County District Attorney David Soares are looking into the matter.

Matt Walter, spokesman for the state Republican party, also assailed the move, saying in a prepared statement that returning Dopp to the payroll "is arrogant and an insult to the people of this State ...."

"There simply is no place in government for Mr. Dopp after the things he has done."

In a somewhat unusual move by a local party leader, Albany County Republican Chairman Peter Kermani also weighed in, using the occasion to criticize Soares, a Democrat, who is still looking into the matter but is said to have found no evidence of criminality.

Kermani, who compared the controversy to the Watergate scandal that brought down President Richard Nixon, rapped Soares for "quickly wrapping up the investigation into the 'Spitzergate' scandal without a thorough investigation."

Although a source close to Soares said earlier that he has found no criminal behavior, Soares last week said he isn't done with the probe and that he intended to respect the process and not become enmeshed in the "political theater" surrounding the scandal.

Dopp was suspended without pay following the July 23 release of a report by Attorney General Andrew Cuomo that concluded he and former homeland security deputy William Howard hatched a plan to gather information about Senate Majority Leader Joseph L. Bruno's use of state aircraft and State Police drivers, and release it to the media.

The report found Dopp and Howard improperly used State Police to create the reports on Bruno, which showed he flew to New York City at taxpayer expense on three occasions this year when he had political fundraisers.

Cuomo's report said Bruno didn't violate any laws because he also did at least some public business on the trips, although neither Bruno nor Cuomo have provided details.

The Ethics Commission has since tightened the rules on use of state aircraft to require, among other things, that government business be the primary purpose of the trips and that politicians pay a share of the cost to cover any political use.

Jay Jochnowitz can be reached at 454-5424 or by e-mail at jjochnowitz@timesunion.com. James M. Odato contributed this report.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

ITEM: WFP Executive Director Dan Cantor rejected Caputo's allegations, saying: "This is a Republican attack."

"David Soares is a man of great principle and he certainly has shown his independence - just think back to the Hevesi investigation."

JOHN GALT RESPONDS: Actually, I find myself more in agreement with what was written about P. David Soares and his role in the TROOPERGATE FIASCO by DN writer Michael Goodwin in THE NEW YORK DAILY NEWS story "Albany DA joins mess", Wednesday, August 22nd 2007, 4:00 AM, as follows:

Walking in Albany could be hazardous to your health.

All the BS is turning the sidewalks slippery and reputations of the high and mighty are falling like trees in a hurricane.

Be careful or you could get mushed and crushed.

Albany District Attorney David Soares is the latest contributor to the Eliot Mess.

First he discredited his investigation into how Gov. Spitzer's office used the state police for a political hit job, then compounded the offense with a howler of doublespeak.

Add him to the list of problems that includes the ethically compromised inspector general, Kristine Hamann.

He tried to backpedal yesterday, but only made the goof worse with an unbelievable statement that claimed, "no findings have been made."

"To draw any conclusions before reviewing all evidence would directly contradict the principles of our process."

He should look in the mirror and repeat that good advice a million times a day.

Problem is, Soares can't put the genie back in the bottle, and neither can we.

He has disqualified himself from being trusted to carry out a thorough investigation.

Like Hamann, he's new to Albany - he was elected in 2004 - and the heat might be getting to him.

His patrons, especially the Working Families Party, have belittled the dirty-tricks issue.

One way to read Soares' interviews is that he was reassuring top Democrats, including Spitzer, not to worry.

That would seem unnecessary - unless Spitzer has something to hide.

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

There's where I'm coming from, myself, but the DN's Michael Goodwin says it better ....

And so ...

Posted by: John Galt | August 28, 2007 6:40 PM

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

"2 admit Medicaid scheme - Operators of home care agency employed uncertified aides"

Associated Press

First published: Tuesday, August 28, 2007

ALBANY -- Two operators of a Brooklyn-based home care services agency have pleaded guilty in a $12 million Medicaid fraud scheme, Attorney General Andrew Cuomo announced Monday.

The operators of Immediate Home Care Inc. were charged with stealing from Medicaid by employing unqualified, uncertified home health aides.

Medicaid was also billed for services that weren't provided.

Nachem Singer, 43, pleaded guilty Monday to third-degree grand larceny and Ervin Rubenstein, 43, pleaded guilty to fourth-degree grand larceny.

In a separate plea, their company pleaded guilty to second-degree grand larceny and was ordered to pay $12.5 million in restitution.

The convictions stem from "Operation Home Alone," the state's industrywide crackdown on fraudulent Medicaid home care providers.

Immediate Home Care was licensed in 1994 to provide home care services and its revenues increased from about $3 million to more than $52 million between 2003 and 2006.

The agency has employed at least 2,000 people, including 10 who have been convicted of working with phony certifications.

The agency also recruited aides from training facilities where false certifications could be purchased with little or no training provided.

Medicaid requires home health care aides to successfully complete a program licensed by the state.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

In 1969, Student, the PEOPLE of NYS, myself included, voted to amend OUR NYS Constitution to add section 4 to ARTICLE XIV, entitled Conservation ...

Section 4 states in relevant part as follows:

§ 4. The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.

end quotes

There, Student, better than 30 years ago, now, is the BIRTH of the "green" movement in NYS, long before SILDA and her witless yammering on the subject today, as if we were all sitting out here in a benighted state of ignorance about environmental concerns, waiting for SILDA to come and enlighten us ....

That constitutional amendment then led to the adoption of TITLE 1 of the NYS Environmental Conservation Law, DECLARATION OF POLICY, which is stated as follows:

Section 1-0101. Declaration of policy.

S 1-0101. Declaration of policy.

1. The quality of our environment is fundamental to our concern for the quality of life.

It is hereby declared to be the policy of the State of New York to conserve, improve and protect its natural resources and environment and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well being.

end quotes

There, Student, is the "teeth" of the "green" movement in NYS, and that, Student, is in 1970!

S 1-0101(2) of the NYSECL further states:

It shall further be the policy of the state to improve and coordinate the environmental plans, functions, powers and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations and the concerned individual, and to develop and manage the basic resources of water, land, and air to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.

end quotes

1970, Student ...

37 years ago, now ...

THAT THE STATE MAY FULFILL ITS RESPONSIBILITY AS TRUSTEE OF THE ENVIRONMENT FOR THE PRESENT AND FUTURE GENERATIONS ...

Why is SILDA just picking up on this now, do you think, Student?

And more to the point, perhaps, why aren't you aware of this vital NYS history?

What kinds of teachers did you have, anyway, Student?

Why did they deprive you of a sound education, especially in light of NYSECL Article 8, which states:

S 8-0101. Purpose.

It is the purpose of this act to declare a state policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources; and to enrich the understanding of the ecological systems, natural, human and community resources important to the people of the state.

S 8-0103. Legislative findings and declaration.

The legislature finds and declares that:

1. The maintenance of a quality environment for the people of this state that at all times is healthful and pleasing to the senses and intellect of man now and in the future is a matter of statewide concern.

2. Every citizen has a responsibility to contribute to the preservation and enhancement of the quality of the environment.

end quotes

EVERY CITIZEN HAS A RESPONSIBILITY, Student, according to OUR NYS laws ...

But if you check up on the record of SILDA's husband the "STEAMROLLER", while he was state AG, you will find that he spit on this section of law and made a mockery of it ....

Which makes SILDA's words today on the subject ring hollow ...

And so ...

Posted by: John Galt | August 29, 2007 7:31 AM

http://www.nydailynews.com/blogs/dailypoli...nd_ends_77.html

THE NEW YORK POST

"ELIOT'S STAFF IN DARK - CHAMBER OF SECRETS"

August 27, 2007 -- Gov. Spitzer and a handful of aides have erected a "fierce firewall" of secrecy that has denied other members of his staff details of the explosive dirty-tricks scandal, administration insiders say.

The secrecy has left members of the governor's senior staff confused, demoralized and uncertain about the administration's future, the insiders agree.

"They're not talking to anybody within the [executive] chamber, they don't want to answer any questions from even the people who work there," said a Spitzer administration official.

"They're running the clock on the investigations, a small group of them who have created a fierce firewall around the details."

A senior Spitzer administration official said an atmosphere of secrecy has settled over the executive chamber.

"The people at the very top are acting like they have a lot to hide, like they're intent on covering things up," the official said.

"Where once there was friendliness and openness, now everyone seems to have hunkered down."

Another source said Spitzer and his aides are "saying their prayers" that three ongoing investigations of the scandal "don't subpoena the private e-mails that are out there" dealing with the plot.

Those e-mails were not disclosed to Attorney General Andrew Cuomo, who in late July issued a bombshell report on the scandal - in which senior Spitzer aides used the State Police to gather supposedly damaging information on Senate Majority Leader Joseph Bruno (R-Rensselaer).

The plot is being investigated by the state Ethics Commission, Albany County District Attorney David Soares and the Senate Investigations Committee.

While Soares - who has strong political ties to fellow Democrat Spitzer - denied a report last week claiming he had already concluded no crimes had occurred, he has confided to friends that his office will take no action, said sources familiar with the scandal.

Meanwhile, the GOP-controlled Senate Investigations Committee may decide as soon as today whether to issue a subpoena to Inspector General Kristine Hamann to force her to testify at a hearing.

Hamann, a Spitzer-appointee whose own purported "investigation" of the dirty-tricks scandal may, Senate investigators say, have been used to cover up key details, has refused to say if she will accept an "invitation" to the hearing.

fredric.dicker@nypost.com

http://www.nypost.com/seven/08272007/news/...aff_in_dark.htm

THE NEW YORK POST

"DON'T LET THE GOV SLIDE - IF HE DOES, ALBANY WILL GET WORSE"

August 27, 2007 -- SOME signs last week suggest that Gov. Spitzer may skate past charges that he knew of his office's plot to smear Senate Majority Leader Joe Bruno.

That he'll avoid having to pay a steep price.

That New Yorkers may never learn the full story. '

That, in time, the whole affair might fade into history.

Would it matter?

Absolutely.

Not so much because of any unpunished harm to Bruno, per se.

But because of the plot's corrosive impact on Albany's notoriously corrupt political culture.

Reports last week claimed that Albany County DA David Soares had concluded that no one committed any crime in the affair.

Soares denied it, but it's easy to see how he might soon announce just that, given the difficulty of uncovering and proving criminal violations.

Similarly, the Ethics Commission is likely narrowly focused on whether any specific ethics laws were violated - and not necessarily on producing a full account of what happened.

Any Senate investigation, meanwhile, will be discounted as partisan, and its subpoenas can be tied up in court.

So it's reasonable to think Spitzer may suffer no major consequences.

Yet accountability here is more vital than ever.

Let's face it: Albany's problem is its hubris - the sense of entitlement among state officials.

For New York pols, the public, the law and ethical conduct come last.

Spitzer was elected to change all that, to break pols' cynical me-first mentality.

No one expects him to do that now.

But if he allowed aides to use State Police to gather dirt on Bruno, then lied about it - and winds up paying no more than a small political price, it will only make matters worse.

Indeed, corrupt pols may be emboldened.

And why should anyone have any faith in state government?

Unfortunately, the probes are all ill suited to unveil the truth.

The worst possible criminal violations - "unauthorized exercise" of official duties with the "intent to obtain a benefit," for example - may not seem terribly egregious and, again, may be hard to prove beyond a reasonable doubt, giving Soares an excuse to bow out.

The Ethics Commission may focus on its meat and potatoes, violations of the state's Ethics Law.

And the most it could do if it finds any ethical wrongdoing is refer it to the Legislature, which isn't likely to do much.

Meanwhile, Spitzer has sought to portray the plot merely as a case of overzealous staffers looking to expose waste or corruption.

Or that it was all done for some even nobler cause: "We were fighting so hard for what we believed was right that we let down our guard and allowed our passion to get the best of us," the governor said two weeks ago.

That may be a hard line for New Yorkers to swallow; half of them already think the governor lied about his role.

But, as Fred Dicker reports today, at least one Spitzer administration official says the gov's inner circle is "running the clock on the investigation."

Time has a way of burying over unproven suspicions, and any historical revisionism by the governor may well stick.

In a narrow sense, it would be understandable if New Yorkers let Spitzer slide.

After all, his chief transgression - looking to smear a political foe - isn't exactly a new trick in politics.

Plus, his defenders say his office was merely looking to monitor Bruno's use of taxpayer-funded helicopters.

Shouldn't they be applauded for that?

And suppose the governor did lie about his role.

Well, so what?

Fibs, even whoppers, are also part and parcel of politics.

Spitzer vowed to curb state spending, then hiked it by $7 billion the second he took office; isn't that as deceptive as any falsehood he may have told in Operation Bruno-Slam?

But the bigger point is this: Some minimal degree of trust in government is a key thread in the state fabric.

And such trust can come only from a full accounting of Spitzer's role in his office's shenanigans.

Albany is at an ethical crossroads.

If folks think the gov is getting away with something, New Yorkers can only hope that fabric doesn't begin to unravel.

abrodsky@nypost.com

http://www.nypost.com/seven/08272007/posto...lide.htm?page=0

THE NEW YORK SUN

OPINION

"Recipe for a Deal"

By JACOB GERSHMAN

August 27, 2007

The worst appears to be over for Governor Spitzer — at least for now.

The extent of the governor's involvement in the state police scandal is a mystery, but the chances of blockbuster disclosures emerging from the ongoing investigations are slim.

It's unlikely that the district attorney of Albany County, David Soares, will determine that the governor's office committed a crime in the course of its scheming against the Senate majority leader, Joseph Bruno.

It's harder to predict the outcome of the New York State Ethics Commission's inquiry.

Judging by the incompetence with which the commission had conducted its "preliminary" investigation — its bizarre subpoena of a Times Union reporter doesn't instill confidence — one shouldn't expect much from it beyond the findings of Attorney General Cuomo's report.

Senate Republicans are planning to convene hearings on the scandal, but they risk over-playing their hand.

The Spitzer administration made a mistake by politicizing the state police, but Mr. Bruno essentially used the executive chamber air fleet as his personal chauffeur.

It's hard to say who deserves more blame.

The longer the Republican probe drags on the more their search for truth starts to look like petty bickering.

That their political guru, Roger Stone, is accused of taunting Bernard Spitzer, an 83-year-old man with Parkinson's disease, doesn't help their cause.

It's an awkward moment for Mr. Spitzer.

Humbled by the worst scandal of his administration, Mr. Spitzer has pledged to be less combative and reach out to lawmakers whom he has alienated.

That's not going to be easy given that Mr. Bruno intends to provoke Mr. Spitzer at every turn.

The Spitzer administration sought to damage Mr. Bruno for a reason.

That they failed once doesn't mean they don't have an incentive to try again.

Mr. Spitzer's relationship with Mr. Bruno is beyond repair.

In the spring, é detente may have been possible.

Now, there's too much bad blood.

The number of personal insults, obscenities, and accusations that the two men have lobbed at each other is an embarrassment to the offices they hold.

The governor can little afford to hesitate by waiting until next year's November elections to try to remove Mr. Bruno from power and allowing another 14 months to be wasted by childish squabbling.

The gamble is too risky.

A Republican victory extending the party's control of the Senate for another two years would destroy the governor's chances for a productive first term.

A Democratic victory could backfire on Mr. Spitzer by giving birth to a united and emboldened Legislature armed with more leverage over the governor during budget negotiations.

The more urgent concern for Mr. Spitzer then is not what to do about the Senate Republicans but what to do about Mr. Bruno.

The 78-year-old Senate leader would seem to be at the peak of power, flush with the vindictive glory of Troopergate.

The shaming of the governor, however, does not make for a long-term strategy.

Republicans may be patting themselves on the back for outsmarting Mr. Spitzer but one scandal does not change the demographic reality in New York: the Republican base is shrinking.

They may survive 2008 but then they have to worry about 2010, 2012, and on.

Combined, the long-term trends for Republicans and the short-term needs for Mr. Spitzer are a recipe for a deal.

The governor calls off his war on the party as long as he's governor in exchange for a new Senate leader, a legislator who's on friendly terms with Mr. Spitzer and who could bring the two sides together.

The top candidate for the job is Thomas Libous, a Republican from Binghamton who has eyed the majority leader post for a long time.

Mr. Libous is one of the few Republicans in the conference who get along with Mr. Spitzer.

His Web site blog features a giant photo of the two men chatting in his district.

"In my role as a senior senator, we'll be able to work together very easily with the new governor on behalf of the Southern Tier," Mr. Libous told the Press and Sun-Bulletin in November.

"Why?"

"My constituents are also Eliot Spitzer's constituents."

"We'll have a mutual interest in helping people."

Republicans and Mr. Spitzer both have a choice.

Republicans can stick with Mr. Bruno now and live in perpetual electoral fear, or they can buy time by making peace with Mr. Spitzer.

The governor can sacrifice the next year in the hopes of a Democratic triumph in 2008 or he can forge a relationship with a party that is naturally closer to him on a number of fiscal policy issues than he is to the left-leaning Democratic conference.

Senate Republicans are a loyal bunch and would not casually betray a man who has led them ably for 13 years.

The question remains: Does Mr. Bruno represent their future or their past?

http://www.nysun.com/article/61334?page_no=1

THE NEW YORK TIMES

"Rethinking Bold Style, Spitzer Gets New Advice"

By DANNY HAKIM

Published: August 26, 2007

ALBANY, Aug. 23 — Acknowledging his problems navigating the turbulent waters of Albany, Gov. Eliot Spitzer in recent weeks has reached out to a diverse group of prominent figures for advice in putting his scandal-marred administration back on course.

Members of the informal group, who come from a wide range of professional and political backgrounds, include Robert E. Rubin, the treasury secretary under President Clinton; Jerry Speyer, a real estate developer who has advised governors since Hugh L. Carey; and Abraham M. Lackman, a Republican and former top aide to the governor’s chief political rival, the Senate majority leader, Joseph L. Bruno.

Seeking help from outside advisers is something of a departure for Mr. Spitzer, who during two terms as attorney general and as governor has relied on the same close-knit circle of aides, among them Richard Baum, his secretary; Darren Dopp, his communications director; and David Nocenti, his counsel.

His new strategy reflects, in part, Mr. Spitzer’s recognition that his aggressive approach to the Legislature has been less than effective and has created dissension, some of his new advisers said.

“He has a very good sense of his missteps so far — not that it would take a genius to see that — and how he has to change,” said Mr. Rubin, who met with the governor over breakfast recently, along with Mr. Speyer.

But Mr. Spitzer’s hand may also have been forced by scandal: His discussions with the outside advisers began shortly after the release of a report by Attorney General Andrew M. Cuomo last month that said some of Mr. Spitzer’s closest aides had misused the State Police in an attempt to discredit Mr. Bruno.

Both Mr. Baum and Mr. Dopp have been implicated in the scheme.

Mr. Dopp has been suspended; Mr. Baum has said he did not know anything improper was taking place.

The political atmosphere in Albany was further inflamed when lawyers representing the governor’s father, Bernard Spitzer, accused a top consultant to the Senate Republicans, Roger J. Stone Jr., of leaving a threatening voice mail message.

Mr. Bruno forced Mr. Stone, who has denied the charge, to resign.

In a recent interview, the governor said, “I’m clearly reaching out to individuals in both the private sector and in government who have a depth of experience in crafting, both structurally and ideologically, administrations I have admired.”

He added, “I’m trying to garner from them whatever wisdom I can about how you go through it.”

A half-dozen people contacted by the governor in recent weeks described many aspects of their conversations and advice.

The group also included Marc V. Shaw, who used to be Mayor Michael R. Bloomberg’s first deputy mayor; Elizabeth Moore, former counsel to Gov. Mario M. Cuomo and the first head of the State Ethics Commission; and James R. Tallon Jr., the former majority leader of the State Assembly.

The discussions seemed to dwell to a large extent on process, and many of the advisers said they encouraged striking a different and more productive tone with lawmakers, while others said their discussions were more focused on rethinking the governor’s policy agenda.

All said they had had both personal meetings and phone conversations — generally one on one — and had been asked to play a recurring informal role.

“We talked basically about what had transpired over the last seven or eight months, a lot of it being very good, obviously, and some of it imperfect,” Mr. Speyer said.

“And we really talked about the imperfect piece, and how some of that could be handled in a different way going forward.”

Many of the conversations appeared to reflect the governor’s acknowledgment that his hard-charging style was at times getting in the way of his policy agenda, though there has been widespread skepticism in the political world that the governor can temper his personality or his political style.

“Psychology books say people don’t change 10 percent from the date of birth to the date of death,” said Joseph Mondello, the chairman of the state Republican Party.

“For this guy in a few weeks to go from Mr. Tiger to be Mr. Pussycat, I don’t see it.”

In his choice of outside advisers, Mr. Spitzer seemed to be looking for a range of talent and experience.

Mr. Lackman, a Republican, knows Mr. Bruno well.

Mr. Rubin, in his years with President Clinton, saw from the inside how an administration deals with turmoil and scandal.

Mr. Tallon, a Democrat from Binghamton who is president of the United Hospital Fund, is intimately familiar with the Legislature and upstate politics.

“The idea is to have a candid conversation with him about the bigger picture, the process,” said Mr. Tallon, who has been an important health policy adviser to the administration.

“Obviously, the events of the last month in Albany have put a focus on things, but the truth is, this is a conversation every administration has to have as it goes from post-campaign mode to governing mode.”

Mr. Lackman, who served from 1995 to 2002 as Mr. Bruno’s top budget adviser, expressed hesitation about offering advice to the governor.

“I have an extraordinary amount of affection and admiration for Senator Bruno,” he said, adding that it had “been an enormously disappointing summer.”

“This is as bad as I’ve ever seen it,” he said.

“I believe at such a difficult moment, to the extent I can do something that might make it better, whatever trepidation I have is worth the risk,” he said.

“If there’s one thing I hope will come out of the next 12 months, it’s a return to civility.”

Mr. Lackman, who is now the president of the Commission on Independent Colleges and Universities, a private policy group, once served as Mayor Rudolph W. Giuliani’s budget director.

Mr. Shaw once worked for the State Senate’s finance staff and, in his days as first deputy mayor, spent many days in the Capitol.

He was recently appointed by the governor to the 17-member commission studying Mayor Bloomberg’s congestion pricing plan for Manhattan.

Mr. Shaw said the governor had called him about three or four weeks ago, “when this stuff was reaching a head in the press.”

“Look, he’s obviously going through a tough time and the state is going through a tough time,” he said.

“He’s a very smart guy and he realizes something has gone amiss and he’s trying to figure out how to get it back on track.”

Mr. Shaw’s advice?

Strike a closer relationship with Assembly Speaker Sheldon Silver, a Democrat who often clashed with Gov. George E. Pataki but has become something of a middleman between Mr. Spitzer and Mr. Bruno.

“Shelly has been through it before,” Mr. Shaw said.

Ms. Moore said she had talked to the governor about management issues, namely making sure the executive agencies were carrying out his policies.

“It’s a perfect time to take stock of what’s been working,” she said, adding that she had also offered advice on honing the governor’s message.

Mr. Rubin, now a Citigroup executive, said he had done the same reaching out when he was treasury secretary.

“There’s always a risk that groups of people develop thought patterns, and you want to reach outside of that and see what people thought, and President Clinton certainly did that,” he said.

There was little talk of policy with Governor Spitzer, he said.

“I think the discussion was more about how do you make a transition from attorney general to a governor,” he said.

“There have been plenty of governors who have been forceful, but the question is how do you do it and get results."

"What he said himself is, ‘How do you make the transition?’ ”

http://www.nytimes.com/2007/08/26/nyregion...mp;ref=nyregion

THE NEW YORK DAILY NEWS

"Spitzer's scandal aide back on the job"

BY JOE MAHONEY, DAILY NEWS ALBANY BUREAU

Tuesday, August 28th 2007, 8:27 AM

ALBANY - A key figure in the effort by Gov. Spitzer's aides to smear Senate GOP Leader Joe Bruno goes back on the state payroll today - a move sure to keep the scandal alive.

Darren Dopp, who was the governor's communications director, helped engineer the plot to hurt Bruno with a negative news story on the senator's use of state-owned aircraft, a July 23 report from Attorney General Andrew Cuomo said.

Spitzer spokesman Jeff Gordon said Dopp would begin drawing vacation pay today based on his $175,000 annual salary.

Spitzer, who insists he had no knowledge of the effort to embarrass Bruno, punished Dopp in response to the Cuomo report by suspending him without pay.

Gordon would not say whether Dopp would again be part of Spitzer's inner circle or be reassigned to a state agency outside the Capitol.

Republicans reacted swiftly, contending Dopp's head belongs on the chopping block.

"Using the police to track and punish a political rival is against everything this country stands for, and there simply is no place in government for Mr. Dopp," said state GOP boss Joe Mondello.

In a related development, Inspector General Kristine Hamann agreed to appear before the GOP-led Senate Investigations Committee next week.

Hamann stopped probing the Troopergate scandal after e-mails revealed her boss, Spitzer confidant Richard Baum, was told of the plot.

Sen. George Winner (R-Elmira), who heads the committee, said he was pleased Hamann would testify Sept. 6, but said Spitzer "is as lawyered up as he was in the beginning" and has yet to testify under oath about the misuse of state police resources.

Spitzer has said he would "love" to testify before the state Ethics Commission, which is conducting its own inquiry into the scheme, as is Albany District Attorney David Soares.

Independent polls have shown most New Yorkers believe Spitzer knew his aides were gunning for Bruno.

jmahoney@nydailynews.com

http://www.nydailynews.com/news/2007/08/28..._the_job-1.html

THE NEW YORK POST

"SILENCE FOR SALE?"

August 28, 2007 -- Former gubernatorial mouthpiece Darren Dopp is headed back to the state payroll after 34 days' suspension - even though his full role in the Spitzer administration's dirty-tricks scandal remains unexplained.

Premature?

You bet.

Consider this:

Dopp has yet to even be questioned, let alone cleared, by the state Ethics Commission regarding his role in the dirty-tricks scandal.

And Albany County DA David Soares' criminal probe into the manipulation of the State Police to smear Spitzer foe Sen. Joe Bruno is incomplete.

State Attorney General Andrew Cuomo determined that Dopp, in concert with other ranking Spitzer aides, recruited the State Police to gather information on Bruno's use of state aircraft.

This is no small matter.

The use of police officers to damage political foes is not, to put it mildly, the American way.

So why the rush to restore Dopp's $175,000-a-year paycheck?

State Sen. Martin Golden (R-Brooklyn) understandably wonders whether the press aide's return to an unspecified post - announced late yesterday by the governor's office - is "part of the coverup, getting Darren Dopp to be quiet so that he doesn't divulge any information that would be detrimental to the governor."

Dopp, along with Spitzer chief of staff Richard Baum, refused to speak with Cuomo's investigators.

Unfortunately, the AG lacks the legal power to compel testimony from either one.

Soares has talked to Dopp - but the Albany DA reportedly declined to put his witnesses under oath, so who knows if what they said is true?

Especially Dopp - whose lawyer, Terence Kindlon, seemed to be sending a very pointed message to Spitzer when he complained that his client "has got a kid who is a sophomore in college, with the usual tuition bills."

"He's got a mortgage."

"He's got a commitment to his family, and everybody is suffering terribly."

Message: Darren Dopp needs money.

Kindlon, however, reminded everyone that "Darren is very supportive, loyal and dedicated to the governor."

Further message: Support, loyalty and dedication don't pay the rent.

It's not hard to read between those lines.

Dopp needs to be questioned under oath by competent investigators - maybe even criminal prosecutors.

After that, there may be a proper place for him on a public payroll.

But how Spitzer - Mr. Ethics in Government - could permit his return under current circumstances is a puzzlement.

Or maybe not.

Silence can be golden - but it rarely comes cheap.

http://www.nypost.com/seven/08282007/posto...e_for_sale_.htm

"$1B bid to help buildings go green - State Dormitory Authority advances energy-efficient construction"

By BRIAN NEARING, Staff writer, Albany, New York Times Union

First published: Wednesday, August 29, 2007

ALBANY -- The state's construction arm -- responsible for about a billion dollars of libraries, classrooms and other public buildings each year -- is going green.

Starting next year, construction by the state Dormitory Authority will meet energy-efficiency standards of the U.S. Green Buildings Council, a step expected to provide a major boost to suppliers of green building technologies.

As part of Tuesday's announcement by First Lady Silda Wall Spitzer, the state also plans to offer an incentive of up to $10,000 for homeowners who either build or renovate homes to the council's Leadership in Energy and Environmental Design standard.

She touted the programs as a way to reduce energy consumption and help fight global warming by reducing emissions of greenhouse gases.

"The science is clear."

"New York's climate is already being impacted by global warming," said Environmental Conservation Commissioner Pete Grannis.

"The choices individuals make today will determine the nature of the world that we leave for future generations."

New York joins 23 other states such as California, Massachusetts, Connecticut, Rhode Island, Michigan, Florida, Arizona, Colorado, New Mexico and Washington that require LEED standards in some or all state projects.

LEED addresses energy efficiency, water conservation, land use, indoor air quality, renewable energy, not-toxic landscaping practices and recycling.

Buildings are ranked in ascending order as certified, silver, gold or platinum depending on how well standards are met.

According to the council, a LEED-certified commercial building reduces energy use by about a third compared to the national average.

In 2001, then-Gov. George Pataki issued an executive order suggesting, but not requiring, that state projects meet LEED standards.

The state Department of Environmental Conservation headquarters on Broadway in Albany reached "silver" status, which will be the minimum requirement under the new Dormitory Authority rules.

"We think this will be a real shot in the arm for people who manufacture what you need for green construction and the state's growing ranks of 'green-collar' workers," said authority Executive Director David Brown.

Following LEED standards could add "1 or 2 percent" to the cost of construction projects, but "this will be more than paid for by energy savings in the new construction," he said.

In Albany, the dormitory authority is handling the city library rebuilding project.

Brown said projects like Albany's that are already underway will not be bound by the new rules.

"This is huge and exciting," said Tracie Hall, executive director of the Green Buildings Council New York Upstate Chapter.

"The authority does construction projects in every part of the state."

"This a growing trend and the shape of things to come."

Under the residential program announced by the First Lady, an incentive would be available from the state Energy Research and Development Authority from 2009 through 2013.

The program would require approval from the Legislature.

A LEED-certified home consumes from 25 to 60 percent less energy than an average home, according to the council.

"This legislation offers an economic incentive to everyday New Yorkers who would like to make their homes more energy efficient, but are concerned about higher construction costs," said Wall Spitzer.

Nearing can be reached at 454-5094 or by e-mail at bnearing@timesunion.com.

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

Posted by Student: The First Lady's announcement about making green initiatives a reality surely looks very promising ...

JOHN GALT RESPONDS: Student, I hate to pop a bubble for you, but "green" has been around now for better than 30 years!

"GREEN" has been in the NYS Building Code since the 1990's, at least ....

SILDA appears to be just discovering it now ....

Which makes her look damn foolish when she gets going on one of her inane riffs about "going green" and "green initiaitves" ....

Where has she been all these years, Student?

Why is she just now discovering something that has been common practice here in NYS for years?

And so ...

Posted by: John Galt | August 29, 2007 6:32 AM

http://www.nydailynews.com/blogs/dailypoli...7.html#comments

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

In 1969, Student, the PEOPLE of NYS, myself included, voted to amend OUR NYS Constitution to add section 4 to ARTICLE XIV, entitled Conservation ...

Section 4 states in relevant part as follows:

§ 4. The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.

end quotes

There, Student, better than 30 years ago, now, is the BIRTH of the "green" movement in NYS, long before SILDA and her witless yammering on the subject today, as if we were all sitting out here in a benighted state of ignorance about environmental concerns, waiting for SILDA to come and enlighten us ....

That constitutional amendment then led to the adoption of TITLE 1 of the NYS Environmental Conservation Law, DECLARATION OF POLICY, which is stated as follows:

Section 1-0101. Declaration of policy.

S 1-0101. Declaration of policy.

1. The quality of our environment is fundamental to our concern for the quality of life.

It is hereby declared to be the policy of the State of New York to conserve, improve and protect its natural resources and environment and control water, land and air pollution, in order to enhance the health, safety and welfare of the people of the state and their overall economic and social well being.

end quotes

There, Student, is the "teeth" of the "green" movement in NYS, and that, Student, is in 1970!

S 1-0101(2) of the NYSECL further states:

It shall further be the policy of the state to improve and coordinate the environmental plans, functions, powers and programs of the state, in cooperation with the federal government, regions, local governments, other public and private organizations and the concerned individual, and to develop and manage the basic resources of water, land, and air to the end that the state may fulfill its responsibility as trustee of the environment for the present and future generations.

end quotes

1970, Student ...

37 years ago, now ...

THAT THE STATE MAY FULFILL ITS RESPONSIBILITY AS TRUSTEE OF THE ENVIRONMENT FOR THE PRESENT AND FUTURE GENERATIONS ...

Why is SILDA just picking up on this now, do you think, Student?

And more to the point, perhaps, why aren't you aware of this vital NYS history?

What kinds of teachers did you have, anyway, Student?

Why did they deprive you of a sound education, especially in light of NYSECL Article 8, which states:

S 8-0101. Purpose.

It is the purpose of this act to declare a state policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and enhance human and community resources; and to enrich the understanding of the ecological systems, natural, human and community resources important to the people of the state.

S 8-0103. Legislative findings and declaration.

The legislature finds and declares that:

1. The maintenance of a quality environment for the people of this state that at all times is healthful and pleasing to the senses and intellect of man now and in the future is a matter of statewide concern.

2. Every citizen has a responsibility to contribute to the preservation and enhancement of the quality of the environment.

end quotes

EVERY CITIZEN HAS A RESPONSIBILITY, Student, according to OUR NYS laws ...

But if you check up on the record of SILDA's husband the "STEAMROLLER", while he was state AG, you will find that he spit on this section of law and made a mockery of it ....

Which makes SILDA's words today on the subject ring hollow ...

And so ...

Posted by: John Galt | August 29, 2007 7:31 AM

http://www.nydailynews.com/blogs/dailypoli...7.html#comments

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

And these "green" laws in NYS, Student, are supposedly, in her own words, anyway, the "work" of Ms. Judith Enck, the self-professed and proclaimed "QUEEN OF THE ENVIRONMENT" in NYS who is now the SPITZER-ITE UNDER-CZAR OF THE ENVIRONMENT here in NYS ...

And while Eliot "BAD DAWG" Spitzer was making a hollow mockery of these "green" laws while he was state AG, Ms. Enck was right in there with him in the AG's Office as one of his top environmental policy advisors ...

And in that role, she chose to turn her own back on her own laws, so as to further Eliot Spitzer's political career ...

And her own, of course ...

Since for Eliot Spitzer to actually become governor, he need to appease the polluters and "anti-green" interests in NYS so that they in turn would pump the huge sums of money into Spitzer that he needed to buy up the office of NYS governor with ...

And so ...

Out here in the countryside, Student, that is called RANK HYPOCRISY ...

While down there in ALBANY, where SILDA is now performing her act, it is called BID-NESS AS USUAL, the selling out of OUR Constitution and OUR laws by the very people we have "entrusted" to "take care that the laws are faithfully executed" ....

And so ....

Posted by: John Galt | August 29, 2007 8:05 AM

http://www.nydailynews.com/blogs/dailypoli...7.html#comments

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

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

First published: Friday, August 31, 2007

COLONIE -- Attorney General Andrew Cuomo said Thursday that even if his office had subpoena power in its investigation of the Troopergate scandal, and even if all of Gov. Eliot Spitzer's top aides had testified under oath, no criminal behavior would likely have been found.

And Cuomo does not expect ongoing investigations by Albany County District Attorney David Soares or the State Ethics Commission to find criminal behavior, either.

Cuomo however, reiterated his office's findings that the aides' behavior was "improper, unethical," and said that the use of State Police by both Spitzer's office and Senate Majority Leader Joseph L. Bruno raised concerns in people's minds, and are part of Albany's reputation for dysfunction.

Cuomo stressed that, hypothetically speaking, the ability to subpoena witnesses or documents could reveal information that he's unaware of.

But, based on what he knows now, Cuomo said he does not expect any finding of illegality.

Animosity between Bruno and Spitzer -- already fierce political rivals who are fighting for control of the state Senate, the Republicans' last stronghold in state government -- exploded last month following revelations that Spitzer's communications director, Darren Dopp, and homeland security deputy official, William Howard, had the State Police create travel records detailing Bruno's trips to New York City using a state helicopter and State Police drivers.

On three of those trips, the Brunswick Republican attended political fundraisers, but also said he conducted legitimate state business.

The trips were the subject of a Times Union story earlier this summer.

Following that story, Bruno charged that Spitzer's top aides were engaging in "political espionage," prompting Cuomo to investigate.

Cuomo's report July 23 concluded that there was no real surveillance or criminality, but that Dopp and Howard had acted improperly by having police create the records on Bruno's movements and involving them in a political matter.

After Cuomo's report was released, it was revealed that Dopp and Spitzer's secretary, Richard Baum, refused to be interviewed by the attorney general's office, instead sending in written statements.

But Thursday, Cuomo stressed that even if Dopp and Baum had testified, he's confident his investigation would have still found no criminal violations, either in Troopergate or in Bruno's use of state helicopters and police drivers, which triggered the whole affair.

"I don't think it changes the ultimate outcome of criminality," said Cuomo.

Since Cuomo's report, which led to Howard's demotion and a monthlong unpaid suspension for Dopp, the Senate Investigations Committee, State Ethics Commission, and Soares have started their own inquiries.

The State Commission on Investigation is also weighing an investigation.

Cuomo added that the itineraries State Police created after-the-fact for Bruno's trips contained errors regarding details of the senator's travels.

"Because they were done from memory ... the information in some instances was wrong," said Cuomo.

Those itineraries outlined the meeting places, including a Sheraton Hotel, various restaurants in New York City, and Aqueduct Racetrack in Queens.

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

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

In addition to Dopp and Howard's misuse of State Police to create the travel records, Troopergate also highlighted what Cuomo has described as vague, lax rules about the use of state aircraft and cars to transport politicians.

He said the rules were so loose, allowing any amount of public business to justify the entire trip on taxpayer-funded aircraft, that it would be all but impossible to violate them.

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

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

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

"Cuomo is right about keeping Troopergate debate going"

By FRED LeBRUN, Albany, New York Times Union

First published: Friday, August 31, 2007

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

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

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

"It's about public integrity ..."

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

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

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

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

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

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

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

"We're going to stay on that."

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

That conversation must have had a brick in it.

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

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

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

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

But he didn't.

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

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

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

"But Spitzer accepting this report affirms its validity."

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

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

Eyebrows have been inevitably raised.

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

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

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

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

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

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

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

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

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

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

Cuomo's right.

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

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

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

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

We'll handle the irony.

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

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

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

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

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

The issue is not discipline by Spitzer ....

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

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

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

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

end quotes

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

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

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

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

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

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

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

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

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

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

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

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

end quotes

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

S 190.85 Grand jury; grand jury reports.

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

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

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

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

end quotes

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

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

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

And so ....

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

And so ...

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

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

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

By SARA KUGLER, Associated Press

First published: Saturday, September 1, 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Fire Department declined to identify those officials.

Spokesman Frank Gribbon said the matter was under investigation.

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

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

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

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

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

First published: Friday, August 31, 2007

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

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

The figure is based on state reports through July.

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

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

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

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

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

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

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

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

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

That could come as soon as Tuesday.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE NEW YORK TIMES

"Mr. Spitzer Looks Outward"

Published: September 2, 2007

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

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

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

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

This is a very smart move.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE POUGHKEEPSIE JOURNAL

Sunday, September 2, 2007

"Some clarity in 'Troopergate'"

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

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

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

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

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

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

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

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

Lawmakers have work to do

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE UTICA OBSERVER-DISPATCH

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

Sep 01, 2007 @ 08:42 PM

Observer-Dispatch

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

First published: Saturday, September 1, 2007

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

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

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

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

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

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

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

"Our economy is doing pretty well."

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

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

The Business Council, meanwhile, is more conservative.

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

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

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

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

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

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

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

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

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

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

Still, Parrott said the groups have areas of agreement.

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

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

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

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

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

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

First published: Friday, August 31, 2007

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

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

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

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

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

Those that lagged in all categories got an F.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE NEW YORK POST

"JOE SET TO SIC PROBERS ON GOV"

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

fredric.dicker@nypost.com

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

"Wake up, Mr. Spitzer"

Albany, New York Times Union

First published: Sunday, September 2, 2007

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

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

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

Conflict of interest?

Not that the governor can see.

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

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

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

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

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

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

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

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

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

More immediately, Mr. Spitzer should realize this problem.

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

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

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

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

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

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

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

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

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

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

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

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

"It's about public integrity ..."

end quotes

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

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

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

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

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

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

end quotes

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

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

And so ....

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

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

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

And so ...

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

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

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

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

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

end quotes

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

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

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

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

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

That is PEOPLE v. PLANTE.

Apparently, it is pro se.

Mr. McNally, are you here for the PEOPLE?

This is a legal question.

I don’t see that argument is necessary!

MCNALLY: This is a Motion to Dismiss!

JUDGE: A Motion to Reargue a Motion to Dismiss!

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

JUDGE: That is your position?

MCNALLY: That is my position!

JUDGE: THEN YOU CONSENT TO THE DISMISSAL?

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

JUDGE: How closely did you read the decision?

MCNALLY: Very!

JUDGE: The District Attorney consented?

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

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

MCNALLY: No further evidence, Judge!

JUDGE: Then it is dismissed!

(Whereupon, matter concluded)

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

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

And so ....

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

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

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

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

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

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

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

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

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

With a similar endoresement by the WFP ....

And it is our information and belief ...

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

To protect political friends ....

And to punish political enemies ....

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

Along with P. David Soares ....

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

And so ...

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

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

THE NEW YORK POST

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

By FREDRIC U. DICKER State Editor

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

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

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

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

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

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

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

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

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

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

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

fredric.dicker@nypost.com

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

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

By MICHAEL HILL, Associated Press

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE NEW YORK OBSERVER

"Another Winner: NYRA's Attorneys"

by Azi Paybarah

Published: September 4, 2007

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

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

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

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

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

Anyone know any more about this?

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

THE ITHACA JOURNAL

"Ethics Commission needs to let in some sunshine"

Jay Gallagher / Commentary

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The worst outcome here is that questions linger indefinitely.

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

Contact Gallagher at Jgallagh@gannett.com.

Originally published September 4, 2007

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

THE ITHACA JOURNAL

Posted: Wed Sep 05, 2007 8:22 am

Post subject: Your comments are misleading!

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

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

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

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

end quotes

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

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

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

end quotes

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

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

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

end quotes

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

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

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

end quotes

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

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

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

end quotes

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

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

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

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

end quotes

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

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

end quotes

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

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

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

end quotes

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

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

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

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

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

end quotes

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

And so ....

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

THE NEW YORK SUN

"Albany Investigators Request Second Interview With Dopp"

By JACOB GERSHMAN, Staff Reporter of the Sun

September 5, 2007

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

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

Albany investigators first interviewed Mr. Dopp three weeks ago.

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

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

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

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

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

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

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

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

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

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

THE NEW YORK DAILY NEWS

Michael Goodwin

"Cleaning up a cover up - Gov narrows his denials about what he knew and when he knew it"

Wednesday, September 5th 2007, 4:00 AM

If you think Gov. Spitzer had no knowledge of the plot to smear a rival Republican, you are wrong.

If you think Spitzer had no knowledge the plot involved the state police, you are wrong again.

And if you think Spitzer had no knowledge the plot would use the media to spread dirt, strike three, you're out.

Take heart - you're not alone.

I believed Spitzer had sweepingly denied any knowledge of those three issues.

But the governor's office now says it wants to "clarify" for me what the governor knew about the plot to smear Senate Majority Leader Joe Bruno.

It is a surprising turn, one that suggests to lawyers I consulted that Spitzer is following legal advice to sharply narrow the scope of earlier denials.

The move could mean Spitzer is, one Albany insider said, "creating a record" in case evidence or testimony contradicts his earlier denials, which were usually far more sweeping.

I think of it as cleaning up the coverup.

The "clarification" came in a response to my scoffing at Spitzer's claim that "he had no knowledge of the plot to use the state police for a political smear job."

Spitzer's spokeswoman called those words "misleading."

"Eliot has never asserted that he had 'no knowledge' of the situation," Christine Anderson wrote in an e-mail.

"To the contrary, the governor has repeatedly and publicly said that:

1. He believed there was a media request for documents relating to Bruno's travel (and, he has added, his own travel as well);

2. He knew that Darren [Dopp] was collecting documents relating to that travel, which showed travel on days of political events, and

3. He knew that when those documents were provided to the media, there would be a news story about it."

After repeating the points, Anderson tackled what Spitzer didn't know.

"What the governor was NOT aware of was HOW the documents were being collected - i.e., that the state police was re-creating records, that the superintendent was handling the requests personally, or that standard operating procedures were not being followed in every way."

Like fireworks, Anderson's claims drew oohs and aahs from my legal sources, three of whom are familiar with the details of "Troopergate."

All said they had never heard Spitzer restrict his denials to the state police actions.

And two focused on Anderson's references to a "media request" instead of to requests under the Freedom Of Information Law.

The distinction could matter because, according to the damning report by Attorney General Andrew Cuomo, the FOIL request at the heart of the case came after Spitzer aides used one as a false pretext to order the state police to produce documents.

If Spitzer knew about the info gathering before the actual FOIL was filed, he is admitting to far earlier knowledge of the plot.

In a phone conversation yesterday, Anderson insisted her e-mail was consistent with Spitzer's prior statements.

When I noted that many press reports had used variations of "Spitzer said he knew nothing," she said she had been unable to correct them all.

She added of Spitzer, "He's not a robot."

"He's not going to use the same phraseology every time."

That's a fact.

For example, talking to the Daily News Editorial Board on July 26, Spitzer was asked whether he was aware, as Cuomo found, that the plan to use the media to damage Bruno started last May.

"I was only aware that when there were media inquiries they were gathering information to respond to it," Spitzer answered.

Pressed about the charge of an early targeted, systematic attempt, Spitzer insisted: "I was not aware of that."

He also said "I know nothing" about damaging e-mails that described the plan.

We'll see.

If my guess and my sources are right, Spitzer is preparing to testify, and he knows that what he will have to say under oath to avoid perjury will contradict what most people have heard him say publicly.

mgoodwin@nydailynews.com

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

THE NEW YORK POST

"GOPER RIPS 'GOV'ER-UP"

By FREDRIC U. DICKER State Editor

September 5, 2007 -- ALBANY - State Republican Chairman Joseph Mondello yesterday accused Gov. Spitzer of seeking to "cover up" his involvement in the dirty-tricks scandal, saying, "It appears he is actually resisting every effort to explore what really happened."

Mondello's blast came in response to The Post's report yesterday that Spitzer and his top aides were resisting efforts by the state Ethics Commission to obtain potentially explosive private e-mails and other records relating to the scandal, which involved the governor's use of the State Police to gather supposedly damaging information on Senate Majority Leader Joseph Bruno.

"The people of New York overwhelmingly demand that Gov. Spitzer and his administration disclose all the facts about their use of the State Police to advance their personal political agenda," continued Mondello.

"It is disturbing that the governor's administration would reject the will of the people and continue to hide their private e-mails and prevent a full and unfettered investigation."

Mondello's attack came just hours after Spitzer again insisted that he had "cooperated fully" with the commission.

"All I can tell you is I have cooperated fully, turned over everything they've asked."

"Anything they've wanted, they've gotten from me," added Spitzer - pointedly referring to himself and not to other members of his administration.

Spitzer has claimed in the past to have cooperated fully with scandal probes conducted by Attorney General Andrew Cuomo and Inspector General Kristine Hamann.

However, Spitzer and his aides failed to turn over what investigators believe to be a number of private e-mails relating to the scandal sent from their Blackberries and other communication devices.

In addition, two top Spitzer aides, Chief of Staff Richard Baum and Communications Director Darren Dopp, refused to be questioned under oath during Cuomo's probe of the scandal in July.

Dopp was suspended without pay for a month in the wake of Cuomo's bombshell report on the scandal, although he was reinstated to his $175,000-a-year post last week just days before he is expected to be questioned by the commission.

fredric.dicker@nypost.com

http://www.nypost.com/seven/09052007/news/...ps_gover_up.htm

THE NEW YORK DAILY NEWS DAILY POLITICS BLOG:

I just finished reading the NEW YORK DAILY NEWS story by Michael Goodwin entitled "Cleaning up a cover up - Gov narrows his denials about what he knew and when he knew it", Wednesday, September 5th 2007, 4:00 AM ...

And perhaps that story carries within it some clues as to why the "STEAMROLLER" is so testy lately ....

And I have to say that the title of that article, "Cleaning up a cover up", made me think of none other than Nelson Sheingold!

Eliot Spitzer’s former MASTER OF THE ART OF THE GOVERNMENT COVER-UP from Eliot’ days as NYS AG ….

The MASTER OF THE ART OF THE GOVERNMENT COVER-UP, indeed!

This Nelson Sheingold dude is the KING OF THE GOVERNMENT COVER-UP!

In federal District Court for the Northern District of New York in 2005, in the matter of former Rensselaer County Associate Public Health engineer Paul R. Plante, P.E. v. Rensselaer County Executive Kathleen Jimino et al, "COVER-UP ARTISTE" Nelson Sheingold got Plante’s federal civil rights lawsuit stemming from Plante’s unlawful incarceration in the Stratton VA Hospital based on a fraudulent involuntary psychiatric commitment order thrown out of federal court by the simple expedient of burying an August 16, 2002 AFFIRMATION of Assistant New York State Attorney General LISA ULLMAN wherein Ullman had confirmed while under oath that Plante had been involuntarily committed to the Stratton VA Hospital PURSUANT TO MENTAL HYGIENE LAW 9.45 FOR SEVERAL HOURS ON AUGUST 22, 2001, so that "COVER-UP ARTISTE" Sheingold could then testify to an alternate story that was totally false ....

Which false story required Sheingold to also bury the sworn affidavit of an Albany, New York Police Officer who was an eye-witness to Plante’s unlawful incarceration, and who was able to finally secure Plante’s release by demonstrating to VA Hospital officials the fact that they were holding Plante unlawfully, and in violation of his civil rights, to boot …

And then, Nelson Sheingold also had to bury the statements of a NYSP BCI Investigator in the office of Rensselaer County District Attorney Kenneth Bruno who was himself a witness to the commission of crimes in the matter of Plante’s unlawful incarceration by Rensselaer County and New York State public officials …

And of course, Nelson Sheingold had to lie under oath to the federal court ….

AND HE DID IT LIKE A PRO!

And so ….

It's no wonder that Eliot Spitzer has an un-clear conscience today ...

And I wonder what Niebuhr would have to say to the "STEAMROLLER" about that ...

Especially after the "STEAMROLLER" quoted Niebuhr as saying, "we need a sense of contrition about the common human frailties and foibles which lie at the foundation of both the enemy's demonry and our vanities ...."

We upstate countryfolks would say, in the absence of Niebuhr, that Eliot "STEAMROLLER" Spitzer does indeed need a massive dose of contrition after what he had Nelson Sheingold do to bury Plante's federal civil rights lawsuit ...

Which civil rights lawsuit, like TROOPERGATE, involved the use of the State Police to advance Eliot Spitzer's political agenda ....

And so ...

A small world it is ...

And so ...

Posted by: John Galt | September 5, 2007 7:38 PM

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

"Spitzer tells reporter to 'get a life' after scandal question"

Associated Press

Last updated: 5:52 p.m., Wednesday, September 5, 2007

VESTAL, N.Y. -- Gov. Eliot Spitzer scolded a local TV journalist who asked about his political troubles during a media event on the opening day of classes at a Binghamton-area high school.

"Get a life buddy," Spitzer snapped at WBNG-TV anchor and reporter Justin Moss after the last of three questions about fallout from the scandal involving Spitzer aides who schemed to discredit his main political rival.

"It caught me off guard for sure."

"What do you say to that?" Moss said.

"I kind of backed off."

Spitzer spent part of the morning at Vestal High School lecturing a class about preparing for careers in the global economy and then spoke about the state's commitment to education funding.

At a question and answer session, Moss asked about the future of top Spitzer aide Darren Dopp, recently returned to the state payroll after a suspension for his role in using the state police to compile travel records on Republican Senate Majority Leader Joseph Bruno.

"I don't know," Spitzer replied.

Moss asked if the governor is worried about Dopp's upcoming testimony in investigations of the incident.

"Not in the slightest bit," the governor said.

"Any other questions?"

"Any about education?"

"Anything about something that matters?"

Moss took one more shot, asking if the scandal has been a distraction from the main business of government.

That prompted Spitzer's caustic reply.

"I didn't think the question was that controversial," Moss said.

Spitzer spokesman Paul Larrabee said the governor was at the school to focus on improving the quality of the education for students in New York state.

"It is our belief that the reporter was being overly aggressive in that context; that we were guests in the school district on the first day of classes, surrounded by students, and other reporters were endeavoring to ask on-topic questions," Larrabee said.

Since the scandal erupted in late July, Spitzer has spent most of his time away from Albany at events like the Wednesday appearance.

Wherever he appears, he's often hit with questions about the ongoing political and legal fallout from the Bruno scandal.

During and since the campaign for governor, critics have publicly questioned Spitzer's temperament, pointing to his use of a profanity to describe himself to a ranking Republican as a steamroller, among other things.

"Slump hurts view of future - Housing and stock woes, political problems, hit like waves on a beach in August, battering consumer confidence"

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

First published: Thursday, September 6, 2007

COLONIE -- Consumer confidence tumbled in New York in August, and the director of the Siena Research Institute in Loudonville, which conducts the monthly survey, says he's not at all surprised.

"August was a dismal month economically," said Douglas Lonnstrom, who also is a professor of statistics and finance at Siena College.

He blamed the slump in housing, a developing credit crunch that is pushing interest rates higher on everything from adjustable-rate mortgages to credit card debt, a gyrating stock market, and even the political problems that have enveloped Gov. Eliot Spitzer.

"The Democrats have plummeted more than anyone else," Lonnstrom said.

Spitzer "got elected on this change on day one platform."

"(Consumers) have seen no change."

The Troopergate scandal also hurt Spitzer, Lonnstrom added.

Then there's the stock market.

"We go up 200 and down 200."

"Markets hate uncertainty and that's what we have right now," he said.

Members of the Times Union Reader Network echoed concerns raised by the survey.

"I think most of us are disappointed about how state politics has hit new lows," wrote Mark Grimm of Guilderland.

"People were hoping the economic climate of New York finally might change.

"Instead, more spending, more special interests, more frustration with a cumbersome government increasing the hurdles to economic growth," he added.

A separate part of the Siena survey found that consumers' plans to make major purchases are at a five-year low, and that could spell trouble for everyone from car dealers and contractors to furniture retailers and electronics stores statewide.

One TURN member, Andrew Carter of Catskill, said a recent job loss had made his family more cautious about their spending.

A software developer, he was able to quickly find another job with comparable pay.

Nevertheless, a plan to build a garage at their new home is being put on hold, he said.

"We'll just have to shovel the car out this winter," Carter said.

Sally and Shawn Spring, meanwhile, say they're driving less to cut their spending on gasoline, even though both of their cars -- a small BMW and a Pontiac G6 -- get nearly 28 miles per gallon.

The Castleton couple said they're planning for their retirement and watching their spending.

"We're both going to be 61," Sally Spring said.

"At our age, we have everything."

"We don't need to buy a house."

"We wait for bargains."

And the Rev. Robert Loesch of Sand Lake wrote that he pays down his credit card balance each month, has no current major debts, and minimizes his driving both to save gas and reduce his carbon emissions.

He criticized the military occupation of Iraq, which he blamed for the federal government's budget deficit and lower consumer confidence.

Economists follow consumer confidence closely because they say it's a strong indicator of the willingness to spend.

And consumer spending typically makes up two-thirds of the nation's overall economic activity.

Not everyone is cutting back.

While TURN member Nancy Peters said she and her husband have noticed prices escalating, the retired couple work part time and plan at least two vacations in the next six months.

The consumer confidence survey is modeled after one conducted by the University of Michigan to permit national comparisons.

The statewide index stood at 73.8 in August, down 7.2 points from July.

Upstate fell 6.4 points to 69.9, while the metropolitan New York City area was off 7.2 points to 73.8.

All figures were below the national index of 83.4.

Lower-income individuals, those 55 and older, and Democrats were among the consumers feeling least confident, the survey found.

Republicans, those under age 55, and upper-income individuals felt most confident.

Lonnstrom said the confidence index could rebound with a bit of good news, or fall further if energy prices spike or the housing market weakens more.

"You're looking at a credit crunch on top of energy prices," he said.

"My personal hope is it doesn't get any worse."

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

"Panel: NYRA picks bad bet in deal - State Racing & Wagering Board determines a $7.5M pact fails to meet rules for no-bid contracts"

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

First published: Thursday, September 6, 2007

ALBANY -- The state Racing & Wagering Board suspects the New York Racing Association violated racing law by arranging a no-bid contract with a firm that's supposed to make sure it does business properly.

The state board has been asking NYRA over the past month to justify why it granted a sole-source contract to Getnick & Getnick to serve as a business integrity counsel.

The racing association, which is operating under a federal bankruptcy court shield, negotiated a five-year contract guaranteeing the law firm $125,000 monthly for five years, plus expenses.

A bankruptcy court judge is expected to rule on the $7.5 million deal Sept. 19.

The law firm previously worked for NYRA under a court order, overseeing the association's operations after its 2003 indictment.

"We've determined Getnick & Getnick does not meet the requirements of sole source contracts," said Daniel Toomey, a spokesman for the racing board.

"We believe they would be violating" procurement practices in racing law.

The revelation comes as Gov. Eliot Spitzer calls for NYRA to employ a "business integrity counsel" such at Getnick to oversee compliance with "all applicable laws and regulations" as part of the terms of a proposed 30-year franchise extension.

NYRA contends Getnick offers unique qualities, including an understanding of its operations and the racing industry, and therefore is eligible to be a sole source contractor.

Still, the racing board wants to know why NYRA failed to honor a requirement that contracts of $250,000 be competitively bid.

Even without court approval, Getnick & Getnick served as NYRA's integrity consultant during the six-week Saratoga meet.

The creditors' committee in the bankruptcy case objects to the deal and critics question the firm's employment after receiving $5 million from NYRA as its court-appointed monitor for 18 months.

In that role, Getnick delivered a positive report about NYRA to a U.S. magistrate handling the NYRA criminal case just before he dismissed tax fraud charges.

Bennett Liebman, coordinator of the Racing & Gaming Law Program at Albany Law School, said the Getnick deal presents an appearance of a conflict and needs competitive bidding.

Meanwhile, Assembly Minority Leader James Tedisco, R-Schenectady, whose district includes parts of Saratoga Springs, said he supports NYRA as the franchise holder but dislikes breaking up the franchise.

Spitzer proposes to have NYRA run races at Aqueduct, Belmont Park and Saratoga, and have another firm operate a proposed video slots casino at Aqueduct.

That decision would come within two months.

Tedisco said Saratoga Springs needs an ironclad assurance that it will continue to receive real estate taxes on the track.

Under the franchise deal, the state promises the racing association $75 million to get out of bankruptcy court.

It also will forgive tens of millions owed the state.

But the state will get clear title to the three tracks in return.

State officials said the taxing authorities won't lose because payments in lieu of taxes will be paid by the state.

Assembly Speaker Sheldon Silver embraced the governor's vision, saying he is glad Saratoga and Belmont would be essentially unchanged and that VLTs would be only at Aqueduct.

The three losing bidders for the racing franchise -- Empire Racing Associates, Capital Play LLC and Excelsior Racing Associates -- are urging lawmakers to disregard Spitzer's plan.

An official close to Excelsior said the state would lose the chance for substantial revenues because the plan calls for development only at Aqueduct, while the bigger Belmont property offers much more opportunity for gambling expansion and economic programs.

The state intends to spread the word publicly within a few days that any entity with gaming management experience can bid on running the Aqueduct VLT parlor, not just the losing bidders.

A Spitzer administration official said the state expects partners of some of the bidders, such as Delaware North, to express interest.

Eric Moser, the lawyer for the creditor's committee, said NYRA seems to have struck a good deal.

"It's a generally favorable development," he said, adding the creditors continue to object to the Getnick & Getnick contract.

NYRA's bankruptcy court filings show it lost $370,000 in July and has liabilities of $360 million.

C. Steven Duncker, NYRA's chairman, said creditors should get about 100 cents on the dollar if the deal goes through.

And James Heffernan, a NYRA trustee, said NYRA would be able to contribute $20 million immediately toward $56 million in delinquent pension fund payments.

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

"Lobbying commission pushes case of lobbyist' flights for Bruno"

By MICHAEL GORMLEY, Associated Press

Last updated: 7:33 p.m., Thursday, September 6, 2007

ALBANY -- The state lobbying commission agreed Thursday to try to compel a businessman to answer questions about what appear to be free flights for Senate Majority Leader Joseph Bruno.

It was one of the last acts of the Temporary State Commission on Lobbying, created in 1977, to reduce the influence of lobbyists on government decisions and officials.

The lobbying watchdog will be combined with the state Ethics Commission later this month, under a single government integrity commission.

It will be up to that new commission to decide whether to subpoena Jared Abbruzzese, a lobbyist and Albany area businessman, to testify about trips for Bruno that could violate lobbying laws.

But Abbruzzese, who has fought the appearance in court battles he's lost over the last year, might not even be subject to the laws.

He would be questioned on whether he provided private flights to the Republican leader of the Senate as either a businessman, lobbyist, or as a principal in a horse racing group.

Bruno has long been a supporter of the horse racing industry in the state and will play a critical role in awarding the state thoroughbred racing franchise by Dec. 31 to operate Aqueduct, Belmont and Saratoga race tracks for the next 30 years.

Abbruzzese had been president and CEO of the Friends of New York Racing and had also owned a stake in Empire Racing Associates, one of the associations seeking the lucrative state racing franchise.

An ongoing federal investigation into Bruno's private business dealings stems from this case, which began with a lobbying commission probe of Bruno's relationship with Abbruzzese.

Bruno directed $500,000 in state grants over the past two years to a private company linked to Abbruzzese.

"Your point," lobbying board member Andrew Celli told Executive Director David Grandeau, "is there is enough here today to move it forward and I think we should ... "

"We're at the end of the road in terms of the court process."

"I don't think we're being unfair to him by moving this forward."

"I think we're being fair to the public," Celli said.

"I'd love to cross-examine him," said Grandeau, the feisty watchdog who has rankled lobbyists and some board members for a decade in the job that ends Sept. 22.

On Aug. 2, the Appellate Division upheld most of a lower court's decision denying the effort by Abbruzzese to quash a subpoena.

The decision modifies the lower court ruling by saying the documents sought, which include "trip sheets" that show who paid for private flights Bruno was on, should be reviewed by a judge or referee, but not in open court.

Abbruzzese could appeal to the state's highest court, the Court of Appeals, but the high court often doesn't take up unanimous decisions from the appellate division as in this case, Grandeau said.

Abbruzzese's lawyer, Brendan Tully, didn't immediately respond to requests for comment.

"Albany assault prompts warning - Woman beaten and robbed while waiting for a bus near the Capitol"

By JORDAN CARLEO-EVANGELIST, Staff writer, Albany, New York Times Union

First published: Saturday, September 8, 2007

ALBANY -- The face of downtown's latest crime spree is bruised, broken and soon to be repaired with a titanium plate.

This is the damage wrought by two thugs who assaulted and robbed Louise Finkell while she waited for a bus Monday morning across the street from the state Capitol, according to police and her family.

Finkell, 57, a state worker and city resident, was punched from behind without warning just after 10 a.m. Labor Day at Washington Avenue and Swan Street -- a corner that on most days would have been mobbed with state workers.

She was headed to meet her daughter for a day of shopping at Stuyvesant Plaza.

"The first thing they did was not ask her for her pocketbook but to strike her," said Finkell's outraged older brother, Anthony Tartaglia, angered further by the way the attack on his sister was first reported by police to the media -- as a simple robbery.

"This is more than just robbery," said Tartaglia, 75, of Delmar, a retired Albany Medical College dean, "and the people of Albany have to be warned about it."

His sister has several broken bones in her face and will undergo surgery Monday to repair the damage, he said.

The violence and bravado of the broad-daylight assault -- one of a half-dozen recent robberies -- have triggered warning messages to workers in at least two nearby state agencies.

The robberies have occurred generally in and around Center Square over the last two weeks, though police said the level of violence in Finkell's attack seems to have been an exception.

The attack on Finkell also underscores the paradoxes of crime in Albany.

Police have struggled with an increase in shootings this year despite an overall decline in serious crimes -- most of which, according to a recent study, don't involve guns.

The same one or two young men are believed to be responsible, and police say they have worked to pass safety information to neighbors.

But at least one neighborhood e-mail alert suggested not enough was being done.

"Although police have been working hard on this issue, they have unfortunately not communicated these recent incidents to neighbors and visitors," read the alert from the Lark Street Community Watch.

The message suggested that the communication lag was the result of December's police reorganization.

"We're not hiding it," Police Chief James Tuffey said Friday, pointing out that the information in the e-mail was provided by his department.

"I'm glad that people are involved and concerned about what's happening."

Tuffey dismissed the idea that the departmental restructuring is causing communication problems, also saying new units created then are being deployed in Center Square.

Sixth Ward Common Councilman Richard Conti said he and others continue to work with police to improve communication.

"There is concern about the flow of information, the timeliness of the flow," Conti said.

"I think that going through the reorganization some things may have fallen through."

"The chief is sensitive to that."

Mayor Jerry Jennings said he was not aware of the attack on Finkell, which happened only a few blocks from his City Hall office.

"I'm very sorry to hear about this," Jennings said, expressing confidence in police to deal aggressively with it.

Jim Regan, 49, lives in Pine Hills with his family and travels downtown every day to his job as an analytical chemist for the state Health Department.

"Downtown is pretty safe," Regan said in West Capitol Park within sight of where Finkell was attacked.

"It could happen anywhere."

In the Hudson Park neighborhood, which abuts Center Square to the south, neighborhood association president Roger Bearden said people are wary but far from panicked.

"People are concerned, but I think it's more, 'Hey, let's remember some more of the lessons: You don't walk with your iPod on your ears at 2 in the morning,"' Bearden said.

Meanwhile, Tartaglia praised the officers who have aided his sister.

However, he is adamant that the full story of what happened to her be known.

"Maybe they don't want to frighten people, but they have to know," Tartaglia said, pausing as if to think better of what he said next.

"If I ever caught these guys, they would rue meeting this 75-year-old."

Carleo-Evangelist can be reached at 454-5445 or by e-mail at jcarleo-evangelist@ timesunion.com.

THE NEW YORK DAILY NEWS

Elizabeth Benjamin

"GOP scrambles to keep Troopergate from fizzling out"

Monday, September 10th 2007, 4:00 AM

The end of the Troopergate scandal may be near for Gov. Spitzer and his aides.

With the Troopergate probe unlikely to result in criminal charges against aides to Gov. Spitzer, some Senate Republicans worry they're losing control of the scandal.

A source familiar with Albany County District Attorney David Soares' investigation into the aides' scheme to smear Senate Majority Leader Joe Bruno said Soares will announce his findings before the end of the month and is all but certain not to bring any charges.

This could leave Senate Republicans, who have been dining out on the scandal since July, in a quandary.

How long will they be able to continue their own probes into alleged misconduct by Spitzer if other, more independent entities find no wrongdoing?

"If the investigation is thorough and there are no criminal charges, it becomes very difficult for us to move forward," said one Republican senator.

"It's a fine line."

" ... We risk losing the confidence of the people and the newspapers."

The Republicans' hopes could rest with the state Ethics Commission, which has no criminal jurisdiction but could reignite the scandal by finding evidence of misconduct.

The commission may release its Troopergate-investigation report soon as well, as it will cease to exist when it merges with the Lobbying Commission on Sept. 22.

In anticipation of things not going their way, the Republicans have sought to discredit both Soares and the Ethics Commission, saying they're too close to Spitzer to be objective.

Soares' office hasn't put anyone under oath, the Republicans note, and while the DA has twice interviewed Spitzer's communications director, Darren Dopp, about his role in the scandal, Spitzer himself hasn't been called.

The Ethics Commission hasn't asked Spitzer to testify yet, either, a Spitzer spokeswoman confirmed.

Meanwhile, the Senate Republicans have three committees holding public hearings on Spitzer-related topics.

The Senate Investigations Committee has held two Troopergate hearings, which the Democrats lambasted as partisan "show trials."

As proof, Senate Democratic sources said former Spitzer energy adviser, Steven Mitnick, agreed to testify before the committee last week but was promptly "disinvited" when Republicans learned he wouldn't dish dirt on his former boss, Spitzer's chief of staff Richard Baum.

"Obviously, [Bruno] is trying to call witnesses on a very selective basis to serve his own political ends," said state Sen. Eric Schneiderman, a Democratic committee member.

Bruno spokesman John McArdle called the claim that Republicans lost interest in Mitnick "nonsense."

McArdle said Mitnick refused to testify because he's still under investigation by the state inspector general for allegedly threatening a Republican Public Service Commission member.

The Senate Committee on Racing, Gaming and Wagering is scheduled to meet on Wednesday for a hearing on Spitzer's recommendation that the New York Racing Association continue to run the state's three Thoroughbred race tracks.

One scheduled witness is Bennett Liebman, an Albany Law School professor, who has raised questions about NYRA's relationship with Getnick & Getnick, a Manhattan law firm that includes a Spitzer donor.

The firm helped NYRA avoid a federal indictment and recently signed a five-year, $125,000-a-month, no-bid contract with the association to monitor its conduct and compliance.

The contract will be void if the Legislature refuses to approve Spitzer's plan to keep NYRA.

The Senate Elections Committee has been conducting hearings on campaign finance reform - a big pre-Troopergate wedge between Spitzer and the Senate Republicans.

Bruno recently raised eyebrows by refusing to rule out issuing a subpoena to Spitzer's 83-year-old father, Bernard, to testify about the multimillion-dollar loans he made to his son's 1994 and 1998 attorney general campaigns.

Bruno spokesman McArdle said yesterday the Senate has "no plans" to call on Bernard Spitzer to testify.

ebenjamin@nydailynews.com

http://www.nydailynews.com/news/2007/09/10...ate_from_f.html

THE NEW YORK POST

"SPITZER AIDES IN MYSTERY MEETINGS

September 10, 2007 -- Gov. Spitzer's aides have been holding late-night "black car" meetings to prevent the creation of e-mails or telephone records that could be subpoenaed in the state dirty-tricks scandal, The Post has learned.

The top-secret rendezvous have taken place on a regular basis since Attorney General Andrew Cuomo issued his bombshell report on July 23 outlining a plot by top Spitzer aides to use the State Police to gather supposedly damaging information on Senate Majority Leader Joseph Bruno (R-Rensselaer), an individual close to the scandal said.

"There are a lot of big black cars driving through neighborhoods lying in wait for people so that messages can be delivered personally and after dark," said the source, an experienced public employee who demanded anonymity.

"This is being done to avoid any phone, e-mail, or snail-mail trails."

"Many people have heard about some of these late-night drive-bys," the source added.

The surreptitious contacts have taken place in various Albany-area communities, where all of those so far named in the scandal live, the source said.

The Spitzer aides are "all involved in it," said the source.

"The [state] Ethics Commission has been asking people, 'Have you had a telephone conversation with this person, or have you sent an e-mail to that person?'"

"What they should be asking is, 'Did you have any late-night meetings with the people involved?' " the source continued.

Reached for comment, Spitzer spokeswoman Christine Anderson insisted, "No such meetings as those have taken place."

Meanwhile, the Spitzer administration is invoking a new claim to fight the Ethics Commission's efforts to obtain private, scandal-related e-mails written by the governor's top aides.

"The governor's claim now is that 'civil liberties' are involved and that he can't be expected to pressure his employees to give up their private e-mails," a source familiar with the situation told The Post.

A source close to the Ethics Commission also confirmed a report in last week's Post that Spitzer and his aides "are really stonewalling the commission in terms of requests for documents that have been made."

Another commission source said investigators had gained access to some of the computer hard drives used by aides to the governor and were "attempting to recreate some of the previously deleted e-mail records" relating to the scandal.

Also, a commission source confirmed an increasingly widespread belief that the Ethics Commission, which is set to be replaced by a new Commission on Public Integrity on Sept. 22, doesn't appear to have enough time to complete the dirty-tricks probe.

"The current commission is going to have to hand the probe off to the new commission, and that's going to create a complex set of problems of its own," said the source.

The new, 13-member commission will be dominated by appointees of Spitzer.

fredric.dicker@nypost.com

http://www.nypost.com/seven/09102007/news/...stery_meeti.htm