Outrages & Insights

Ours are called Dopey and Sleepy

The State Senate has seven dwarfs -- members who are opposed to any cuts to education and Medicaid, but no proposals on how to cut money elsewhere in the budget in order to balance the budget, according to this column in the New York Daily News.

Senators from Western New York account for two of the seven -- Antoine Thompson and Bill Stachowski.

Says columnist Bill Hammond:

These seven Democratic pols - call them the seven dwarfs - declared that they cannot possibly go along with trimming education aid in the middle of the school year, as Gov. Paterson has proposed to help close a $3.2 billion deficit.

Nor do they like Paterson's suggested cuts in Medicaid funding for hospitals and nursing homes, which they dismissed as "untenable."

Nor do they support Paterson's plan to raise money by forcing New Yorkers to buy new license plates.

Okay, now we know what they're against. So what are they for? How, pray tell, do they propose to resolve a cash crunch so severe that the state might not be able to pay its bills next month?

They've got nothing.

Well, it's not exactly true "they've got nothing."

They've got money in the bank, in the form of campaign contributions they keep soliciting while they hem and haw while doing the people's business.Thompson has been especially busy, although we won't know how much loot he and others have taken in the second half of this year until the next round of disclosure  reports are filed in January.

State Senate can never have enough lawyers

The State Senate has some 82 lawyers in its employ, according to payroll records. My math tells me they are scheduled to make a collective $6.2 million this year.

So, now that the Senate has decided to take up the fate of convicted Sen. Hiram Monserrate, what has it done?

You guessed it. Hire outside counsel.

Reports the New York Daily News:

The committee that will determine Sen. Hiram Monserrate's fate in the Senate could prove costly for taxpayers.

Committee chairman Sen. Eric Schneiderman just announced the Senate has gone outside its own shop and retained Daniel Alonso to serve as the committee's special counsel.

Alonso, a partner at Kaye Scholoer LLP, is working pro bono. But associates at his firm, which has been formally retained by the majority, can receive up to $350 an hour, said Senate Democratic spokesman Austin Shafran.

The number of associates will depend on the extent of the work, Shafran said.

Hmmm, which YouTube video says it best?

Is it Howard Beale's "I'm mad as hell and not gonna take it anymore" rant from "Network"?

Not bad. But that's not it.

This is more John McEnroe. Yeah, definitely John McEnroe.

State still putting off tough budget decisions

I took a look at the plan Gov. Paterson has released to close the state's budget deficit and a few things strike me.

For starters, I don't see enough structural changes that would result in recurring savings. Yes, Paterson does propose an across the board spending cut of $1.8 billion, but the plan also includes a lot of one-shots.

For example, about one-fifth of this year's gap as projected by Paterson would be closed by taking revenues away from entities ranging from the Environmental Protection Fund to the Battery Park City Authority and moving up the anticipated payment to the state from whatever company wins the bid to operate the Aqueduct Video Lottery Terminal franchise.

Those maneuvers add up to $626 million. They are not cuts. They do not address the long-term structural deficit. They represent one part quick fix, one part slight of hand.

Also, there's not a word about layoffs, although the $1.8 billion in spending cuts might prompt some. No one wants to see people losing their jobs, especially in these economic times, but structural change demands it. The party is over.

I know the schools are going to howl over a cut of nearly $700 million in aid, but keep in mind that districts have been enjoying hand-over-fist increases for years.

As the governor's office noted in its press release:

... school aid spending of $21.2 billion would still represent a $6.8 billion or 47 percent increase compared to 2003-04. Moreover, based on census data, New York spends more total per pupil than any other state and 63 percent above the national average.

Like layoffs, cuts in school aid are necessary if the state is ever to get its fiscal house in order.

The bill for reform, Golisano style, keeps climbing

Once upon a time, when a state senator from downstate wanted to know something about upstate, he or she would ask a colleague from that neck of the woods. Or maybe have his people talk to the other guy's people.

That was then.

Now the Democratic majority has hired a special staff to focus on upstate. Offices in Buffalo, Rochester and Syracuse.

But, it turns out, that, too, was "then."

Now comes word that Sen. Pedro Espada has hired his own guy for upstate. "Director of Upstate Relations," to be precise. As majority leader, I guess Espada feels entitled to his very own upstate liaison.

You'd think at $150,000 a year, Steve Pigeon, his new attorney, could pitch in as needed. But no, this job requires a Pigeon flunky, Dave Pfaff.

At $70,000 a year.

In a year when the state's budget deficit is now $4.1 billion and climbing.

Reports Matt Spina:

An investigation begun in 2008 by the Erie County Board of Elections revealed that a political fund maintained by Pfaff and controlled by Pigeon … People for Accountable Government … had collected and spent tens of thousands of dollars more than Pfaff had disclosed on his official reports to the state Board of Elections.

Indeed, Pfaff's duties over the years have included helping Pigeons play shell games with political contributions. As Spina reported in June:

The county (election) commissioners said the two committees filed on time just nine of the 43 periodic reports that have been required since Citizens for Fiscal Integrity was launched in 2005. They have now filed 11 of the 43.

Pigeon and at least one of his treasurers say they are not required to file as frequently as county officials believe because they are not active in every election season.

But the state board says it has obtained six judgments and begun several other enforcement actions against the two committees over the years.

This, folks, is the kind of "talent" your tax dollars are paying for.

State legislators getting bigger expense checks

A check of the headlines this week alone tells us the state is $3 billion in the red and the governor doesn't think we can afford the $26 billion bill to rebuild New York state's infrastructure.

State legislators, meanwhile, continue to party like it's 1999.

Reports the Albany Times Union:

Members will be receiving higher per diems, the stipends they get for travel expenses such as hotels and meals outside their home districts.

Starting this month, lawmakers staying in Albany will get $171 per day, up from $160 -- an increase of nearly 7 percent.

They'll get that amount no matter how much they spend. If their meal and hotel costs are lower, they keep the change. (Expenses for transportation -- such as train tickets or car mileage -- are reimbursed separately).

The Empire Center for New York State Policy has this list of legislative salaries and per diems for the 50 states based on 2007 figures. The reimbursement rate is all over the place.

Suffice to say, our guys aren't hurting by comparison. There are a few states -- including Ohio, Connecticut and New Jersey -- where lawmakers receive no per diem. They're also drawing much smaller salaries.

Given the state of the state, on top of the state of the economy, perhaps Shelly, Malcolm, Pedro and Company should party more like it's 1929.

 

Pigeon is just a part of our political problems

Buffalo has four major centers of political power. The piece Bob McCarthy and Mike Beebe did Sunday on the failure of the district attorney to prosecute Steve Pigeon got me thinking about how well this community is being served by those in power.

Let's take a look, starting with the aforementioned Steve Pigeon and his sugar daddy, Tom Golisano.

As Bob and Mike's story Monday details, Pigeon has been the focus of scrutiny for some time - not that anyone has pulled the trigger on a prosecution.

Matt Spina laid out the details a few months back with regards to Pigeon's questionable use of political action committees.

Then the state Board of Elections referred the results of its review of Responsible New York's actions during the elections late year to the Albany County District Attorney.

Now, revelation that the former head of the Erie County DA's public integrity unit wanted to prosecute Pigeon is going to put pressure on Sedita to name a special prosecutor. 

Then there is the central role Golisano and Pigeon played in the Senate coup earlier this year that result in, among other things, Pigeon landing a $150,000-a-year job as Pedro Espada's counsel.

Enough said.

Let's move onto Erie County Executive Chris Collins, the major player in the Erie County GOP.

Two things strike me.

First is the belligerent manner in which Collins, his county attorney, Cheryl Green, and Sheriff Tim Howard, a fellow Republican, are responding to findings that the county prison and holding center are violating the rights of prisoners, among other nasty things. Rather than fixing the problems, Collins and Co. have dug in their heels.

They'd rather fight than fix.

Then there is the county executive's dalliance with the local Tea Party movement, as detailed by the Buffalo Geek and the Buffalo Pundit.

In short, the Tea Party crowd has endorsed the so-called Collins Four, which are challenging incumbent Democrats on the County Legislature, in addition to seeking the open seat created when Collins hired Kathy Konst and commissioner of environment and planning.

I don't necessarily have a problem with all of the Tea Party folks. But their crowd includes some real wing nuts, as both the the Geek and Pundit note. Their posts are well worth the read.

Next up: Buffalo Mayor Byron Brown.

In a word - actually two words - "One Sunset."

Or many words. As in FBI investigations into the One Sunset deal and the mayor's role in the police department's decision to let Leonard Stokes walk after officers were prepared to arrest him on charges of possessing a stolen handicapped parking permit.

As in the investigation by the U.S. Office of Special Counsel into, at a minimum, the arm-twisting of city employees via e-mail to work on Brown's election campaign.

As in the review by the state Department of Housing and Community Renewal into allegations by a Cleveland developer that Brown and Co. essentially tried to impose an outfit headed by one of the mayor's favored preachers as a condition of doing business with the city.

And while Brian Davis made his own bed that has resulted in an investigation by the State Police and DA, what was he doing on stage at Brown's re-election party on primary night?

Then came news Sunday that Brown and Collins are deep-sixing the deal to have the county run city parks, one of the few concrete consolidation arrangements the region's two largest governments have in place.

True, the county wasn't doing such a great job with some of the non-Olmsted parks.

But the mayor's comments about the Olmsted Conservancy's future role are making some folks nervous. Let's face it, dumping the conservancy, which practically everyone agrees has done a good job, would open up a lot of patronage jobs for the mayor, and we know what makes his administration tick.

Finally, there is the Erie County Democratic Party.

It's done just a fine job in the city, where Democrats hold all the elected positions, hasn't i?

It couldn't see its way to endorse either Brown or Mickey Kearns. Not exactly decisive. Common Council elections come around in two years and remind me again who is indispensable on that body? Is there a Gene Fahey or David Rutecki among them? I didn't think so.

On the state front, the Dems are the party that has given us senators like Bill Stachowski and Antoine Thompson, their ying to the GOP's yang of Dale Volker and George Maziarz.

Stachowski, Thompson, Volker, Maziarz. Isn't that shorthand for "Pack the car honey, we're moving to North Carolina!"

I don't see things changing unless and until "none of the above" step up.

And by "none of the above," I mean people who are genuinely interested in good government. People who don't want to be buddies with the party bosses and check-writing business interests and public employee unions. People who want to step beyond ideology and self-interest and get about the business of fixing this community.

Hello. Is anybody out there?
 

Smart study on dumb use of discounted power

In 2001 the New York Power Authority paid consultants to tell them what they didn't want to hear -- that the entrenched Replacement and Expansion Power program providing cheap hydropower to some 100 industries in Western New York wasn't working very well. Among other things, the report the team of mostly UB professors produced determined that 85 percent of the hydropower could be put to more effective use.

Then, in the waning days of George Pataki's days as governor, a blue ribbon panel charged with studying the state's nine discounted power programs, including the aforementioned Replacement and Expansion Power, said an overhaul was in order from Long Island all the way to Niagara Falls.

In 2007, The Buffalo News published an investigation I wrote that can be summed up with this line lifted from the main story: "The region is home to cheap power, high rates and huge corporate subsidies to a select few."

And the beat goes on.

Today, the Citizens Budget Commission releases a well-researched study of the state's nine discount power programs.

Its conclusion: Throw the circuit break on them and start over.

The programs, set up by legislation and managed by the Power Authority, all leave a lot to be desired, the study said. They don't align with the state's energy and economic development objectives and are tough to quantify and qualify because NYPA shields cost information from the public.

That's the bad news.

The worse news: The hydropower programs - Replacement and Expansion Power in our backyard and Preservation Power in Massena, which amounts to a huge handout to Alcoa -- are the least-efficient programs of all.

Consider these numbers from the Budget Commission's study, lifted from my story today:

Discounts for other discount programs offered by the state range from $247 to $630 per job per year. For the hydro programs, the cost ranges from $5,836 to $7,883 annually per job.

A look at the major recipients of low-cost hydropower customers in Erie and Niagara counties further drove home the point.

Statewide, the authority allocated on average 4.4 kilowatts of power for every job created or preserved. But the allocation for Olin Corp. in Niagara Falls works out to 497 kilowatts per job. The allocation is 244 per kilowatt per job for BOC Gases in Buffalo and 202 for Occidental Chemical in Niagara Falls.

Ah yes, good old Olin and Occidental. As I reported in my 2007 investigation:

Olin gets a $24 million annual subsidy -- an estimated $150,359 per job. Occidental gets a $28.7 million subsidy -- calculated at $111,144 per job.

Occidental's employment has dropped over the past three decades to about 200 today, but the pay is pretty good, in the $40,000 to $60,000 range.

Candace Jaunzemis, Occidental's plant manager, noted the facility's current payroll, including benefits, is about $20 million a year.

The value of its discounted power is some $29 million.

Therein lies the problem.

You'd think the state lawmakers whose legislation allows for this would be shamed into action. But it hasn't happened.

Not when George Maziarz - who is now incessantly yapping about NYPA's shortcomings, real and imagined - was a power on the Senate Energy Committee back when the Republicans were in change.

And not ever when Robin Schimminger sat, and continues to sit, as chairman of the Assembly's Committee on Economic Development, Job Creation, Commerce and Industry.

Most of the legislation governing the nine power programs is coming up on expiration, as are most of the authority's contracts with replacement and Expansion Power customers. Thus, an opportunity presents itself.

Rest assured, the Olins and Occidentals of the world are lobbying behind the scenes for a continuation of the status quo. There is no organized voice for change, but a few brave folks like Niagara Falls Mayor Paul Dyster are saying something has to give. So maybe there's hope.

After all, Gov. Paterson's folks reacted to the upcoming expiration of the legislation authorizing Empire Zones by proposing that the program be chucked.

I know this is short notice, but five Senate and Assembly committee chairmen. including the heads of both Energy Committees, are holding a hearing at 3 p.m. today at the offices of the Buffalo-Niagara Partnership, 665 Main Street, to take public comment on the future of the state's power programs.

On Wednesday, they'll do it all again at Niagara Falls City Hall at 10 a.m. The meeting notice for this hearing says the testimony is by invitation only, so you might want to get on the stick if you want to be heard.

What is it with these politicians?

It turns out Crystal Peoples has failed to file 14 campaign finance disclosure reports since she succeeded Arthur O. Eve in the Assembly. She's also failed to pay thousands of dollars in fines levied by the State Board of Elections.

Yet another reason to look up to our state legislators. Just 'cause they make laws, doesn't mean they have to obey them.

News Political Reporter Bob McCarthy broke the story in today's Buffalo News.

John Conklin, spokesman for the Board of Elections, said the state levied 14 judgments against Peoples totaling $5,455. While she filed six reports that were formerly delinquent, eight remain outstanding … as far back as July, 2003 and as recent as July, 2007.

Peoples insists, of course, that she has nothing to hide and offers a range of excuses along the lines of "the dog ate my homework."

I'm sorry, but failure to file 14 times shows a willful disregard for the law.

And what is her excuse for not paying the fines, some of which date to 2003, when she has $54,455 in her campaign account?

Peoples is venturing into Brian Davis territory. The Buffalo councilman is a chronic non-filer, approaching 20 missed reports, and it's prompted the Board of Elections to freeze his campaign accounts. 

Which prompts a question: When is the Board going to move against Peoples?

 

 

The New York State Politburo

Majority rule in the New York State Legislature means walking in lock step with the party leadership.

An analysis recently released by the New York Public Interest Research Group provides all the depressing, though not surprising, detail.

Assembly Democrats voted with Speaker Sheldon Silver 97.4 percent of the time.

Senate Democrats were a bigger flock of sheep, voting with Temporary President Malcolm Smith 99.7 percent of the time.

Not that the Republicans were much better, voting the same way as Smith 96.5 percent of the time, which leaves me to wonder aloud:

What exactly is the difference between Senate Democrats and Republicans, once you get past their competition to be the majority party and enjoy the perks that come with it?

Because whatever it is, it's not showing up in their voting records.

Press releases, yes, but not on the legislative floor.

Also telling is the fact that 55 percent of Assembly bills and 76 percent of Senate bills passed unanimously this session.

The average vote in the Assembly was 132 "yes," nine "no" and eight members absent or abstaining.

The typical vote in the Senate was 58-2-2.

Also noteworthy: The amount of legislation passed this session dropped, especially in the Senate, which passed one-half to one-third the number of bills it did last year, depending on how you do the math.

Blame it on the coup, I guess.

I delved into the numbers to assess the track record of our Western New York delegation.

The good news, relatively speaking, is that our 13 Assembly members were a little more independent from Silver than legislators from around the state.

Our seven Democrats voted with Silver 91 percent of the time (vs. 97 percent for the entire Assembly), while our six Republicans sided with the speaker 67 percent of the time.

Sam Hoyt sided with Silver 98 percent of the time, followed by Crystal Peoples at 97 percent. Bill Parment was the Democrat most frequent to dissent, voting with Silver 83 percent of the time.

The NYPRIG report did not provide similar details on the voting pattern of individual senators, but did note that Bill Stachowksi was one of eight who voted with Smith 100 percent of the time.

Let's see, Smith screws him out of the Finance Committee chairmanship and Stachs sticks with him anyway. I know Stachowski prides himself as a team players, but geez.

The report noted that Republican senators were reluctant to break with their leadership, voting the same as Minority Leader Dean Skelos 94 to 98 percent of the time.

Michael Razenhofer differed with Skelos more often than anyone else in the GOP conference. But agreeing with the boss more than nine out of 10 times doesn't exactly make you a renegade.

I also took at look at the number of bills introduced and passed, one of the few measures of productivity available to the public. On balance, our local delegation fares OK, but then again, it's all relative.

On average, Assembly Democrats introduced 66 bills this past session. Our local Dems introduced an average of 61 bills. Assembly Democrats as a whole passed an average of the 10 of the bills they introduced; our guys got nine approved.

Schimminger and Hoyt got more bills passed than their colleagues locally, with 19 and 14 respectively. That's to be expected, given the reality that in the Assembly, seniority = power.

As for Assembly Republicans, they introduced an average of 41 bills, vs. 30 for the WNY delegation. Bills passed averaged three per lawmaker, both statewide and among our delegation.

One thing struck me in looking at the track record of local Republican Assemblymen.

Jim Hayes of Amherst did not get a single bill passed the whole session. Not one. Nada. Zippo.

Hello! Hello! Is anyone in there? Can I introduce you to the concept of pay for performance?

On the Senate side, Democrats statewide introduced an average of 114 bills this session, while our two Dems introduced an average of 140. The average Senator statewide got 13 bills passed, while our guys averaged 18.

The numbers for the Senate Republicans: 80 bills introduced statewide, while our four were 91. Bills passed per senator statewide were six; ours were seven.

So, statistically speaking, our delegation fared better than average. But keep in mind that none held a leadership position, so they didn't have a whole lot of influence. Not like the guys from NYC.

The thing that jumped out at me is how the productivity of the local Republicans dropped off this session after the GOP lost control of the Senate, only to regain it and then lose it again.

George Maziarz got 51 bills passed a year ago; this session, only 5.

Ouch.

Dale Volker dropped from 94 to nine.

Double ouch.

I massaged the spreadsheet NYPRIG produced to provide details on the voting patterns of our delegation, as well as the Legislature as a whole, which are noted in the tabs. Take a look here.

And remember, they're all up for re-election next year.

Poll shows many state senators in trouble

There's hope for those of you who want to toss the State Senate out on its collective ear.

A lot of voters share your opinion.

The Albany Times Union reports: 

Nearly half of New Yorkers want to throw out the State Senate, including their own senator, according to a Quinnipiac poll released today. (Cross-tabs can be downloaded here.)

When asked what is closer to their view of their senator — there are a lot of problems in Albany but your state senator has done a good job and deserves to be re-elected or almost everyone in the State Senate should be thrown out including your state senator — 49 percent of voters chose to throw out the lot, while 40 percent said their individual senator deserves reelection.

But this sentiment cuts differently across party lines: Republicans want to throw out their senator by a 54-35 percent margin, while Democrats want to keep their senator by 53-34 percent margin.

Upstate and suburban voters want to throw out their senators by around the same margins (Upstate: 53-38, Suburban 50-39), but New York City voters are split on whether to vote out or keep their senators (42% say deserve reelection, 43% say throw out.)

If voter sentiment holds to next year, Republicans and marginal Democrats from suburban and upstate districts — particularly Freshman Sen. Brian Foley and Sen. Darrel Aubertine could face tough reelection races.

Here's a link to the poll details.

Meanwhile, The New York Times reports one more reason why voters should be unhappy with Albany -- legislators who are double dipping, collecting fat pensions on top of their paychecks.

In Albany, veteran lawmakers can “retire” at 65 from their jobs and start collecting pensions, but without actually leaving their jobs, giving up their salaries or even telling their constituents. Four legislators took advantage of the rule last year.

The list includes one member of the Western New York delegation, Assemblyman William Parment, a Democrat from Chautauqua County:

       He now earns a $101,500 salary while drawing a roughly $66,000 annual pension.

“I didn’t retire from the job. I took the retirement benefit that was due under pension law,” said Mr. Parment, 67. “Sure, people would say this is not a good system and this shouldn’t be allowed.”

Of course, Parment is in a position to change that system. Don't hold your breath waiting, folks.