I'm About Moreland'd Out

Our supremely quotable District Attorney-for-Life William Fitzpatrick, the guy who brought us the classic she's drooling normally line from a murder trial a few years back, gets the credit for the title of today's post. He made that comment recently in an interview with Teri Weaver who writes for Syracuse.com and the Post-Standard.  Her interview with Fitz came after a lengthy NY Times investigation into the independence, or lack thereof, of the Commission to Investigate Public Corruption, more commonly known as the Moreland Commission.

The Moreland Commission was a group of 25 elected officials and otherwise willing public servants, and it included not only Fitz, who was one of the three co-chairs, but also Onondaga County Executive Joanie Mahoney and local businessman J. Patrick Barrett. Their work, according to the press release announcing the Commission, was to investigate actual or perceived corruption, investigate existing laws so they could be improved, generate transparency and accountability, strengthen our democracy, root out bad guys, and obey the Girl Scout Laws.  (OK, sorry, I added that last part).

Notably, according to Milton L. Williams Jr. (one of Fitz's co-chairs),

The work of this historic commission will not be done until we have restored the public trust.

Rather than restoring the public trust, the Commission proved that we are as incapable of getting ethics reform as we are of establishing sane election districts, eliminating unfunded mandates, achieving real tax reform, finding a fair way to fund education, reasonably managing the safety net or handling any of the other myriad roles of state government. Had that ever been in question, it should be no longer.

Maybe Preet Bharara, the US Attorney who's had some success in rooting out bad guys, will have more luck since he's less invested in the process than any of the Commission members or their masters, Cuomo and Schneiderman. Bharara's office is currently collecting everyone's files and has put the whole mess of them on warning that he's suspicious of all the 'no interference' comments that are all the rage since the Times stories came out.

While our reform efforts are lacking, the quote machine is in fine fettle. For example, there's a timeline of Cuomo's comments on the commission in this past Sunday's paper. Among them are these quotes on the independence (or lack thereof) of the commission:

It's an independent commission that is free to investigate whatever they believe needs to be investigated on the merits. (July 1, 2013, on the Moreland Commission)

First, your fundamental assertion is that the Moreland Commission was independent. It wasn't. No Moreland Commission can be independent from the governor's office. (July 23, 2014, in response to the NY Times articles)

It was 100 percent independent...(July 28, 2014 in a press conference in Buffalo)  

And then there's this, one of Fitzpatrick's gems:

I am not wasting 15 months of my quickly shortening life to write some silly report that Lewis and Clark couldn't find in five years! ~ in an email to one of his co-chairs reiterating the independence of the Moreland Commission in the face of interference from Cuomo's aides, according to the New York Times. 

Of course, in an his 'no interference' comment, he offered this:

The governor in forming the commission announced it would be an independent body. It was. The notion that 10 elected DAs along with a County Executive, a law school Dean, a renowned judge, professors, a businessman and private attorneys devoted to good government would NOT be independent is ridiculous.

So which Cuomo do we believe?  Which Fitzpatrick do we believe?

As we watch to see where this all ends up,  Cuomo has hired a prominent attorney, who will be paid out of campaign funds, naturally - either to keep taxpayers from having to pay the costs of his legal bills, or to hide information, including the amount of the retainer.

I suppose that's a more legitimate use of campaign contributions than paying for tanning salon services, which was one of the things uncovered by the Moreland Commission.  Or steak dinners and golf, two of Fitzpatrick's preferred campaign fund expenditures.

We probably still need ethics reform in Albany, or, like folks say regarding gun control, we can simply enforce the laws on the books and catch the creeps we can.

What we need more, though, is an end to the kind of nonsense that happened here:

• a governor threatening the legislature with an investigative commission if they don't pass some the reforms the governor wants;
• appointment of an independently non-independent commission to investigate everything except for the part of 'everything' that includes the governor;
• the legislature passing watered down reforms so the governor would shut down the investigation;
• and finally the shut-down commission crowing about their independence and the reforms that came about because of their work. 

I, too, am about Moreland'd out.  

Breaking News Trifecta

A trifecta is generally described as a type of bet where, in order to win, the bettor must pick the top three finishers in the correct order.  Here are the top three from the past couple of days.

Moreland Commission to be Shut Down

Apparently the State Legislature has succeeded in ringing down the curtain on Governor Cuomo's Moreland Commission investigation into bad behavior of politicians.  The Commission, with great fanfare, announced there was lots of bad stuff going on, some of it perfectly legal, some of it not,  in how we handle campaign money here in New York.

I've posted several times on the Commission, ethics, and the like, and on our local DA-for-Life Bill Fitzpatrick --  he of the tens of thousands of dollars of campaign funds spent on steak and golf -- who was one of the chairs of the panel. I was not impressed with the preliminary report they issued which was practically word for word what the Governor wanted them to find, which detracted from the Comission's independence. And of course, note that the Commission was only investigating the Legislature, not the Executive -- something that did not impress the gang under the microscope, not surprisingly.

And so, again not surprisingly, during the budget negotiations, the Leg told Cuomo to ditch it, and he asked them to try public financing, at least on one state-wide race (Comptroller), and maybe they'll talk about some clients of their day jobs, and maybe the Board of Elections will be a bit more aggressive, but that's about it.

One's left wondering whether the Sonova Governor, who had (several weeks ago) some $33,000,000 for his re-election campaign, was really all that interested in solving ethics problems; after all, he told us he's above the fray on that personally, and other than needling the Legislature, what was really accomplished? 

Prisoner Education to be Privately Funded

Apparently a Cuomo administration official (anonymous, of course) has advised that the Governor's plan to provide college education to prisoners didn't fly, and so these efforts will continue to be privately funded, as they have been for the many years. Cuomo had planned on spending $10,000 - $15,000 per prisoner to hep them get associates and bachelor's degrees; this would be on top of the $60K we pay each year to keep them behind bars.

I'm happy that we will not be paying for this, not because it's a horrible concept, but because it's another frustrating expenditure when taxpayers are struggling themselves, and who are not finding themselves in jail.   I'm hopeful that someone in the administration or in the Legislature will take a really hard look at what we're getting for the 60 grand we spend on our inmates. Maybe there's a way to do it for $50K this year, and then maybe $45K next year, and so on, til we're paying something similar to what other states pay for the privilege of housing inmates. And maybe by then, we'll be in a better position to pay for college for these folks.

SUNY Upstate Spends $660K on Out of Town Ad Agency
Why is it not surprising that a SUNY facility, our own Upstate Medical University, spent $660,000 on an ad agency from Alabama to help improve their image?  The ads, which you may have seen in the local paper or on TV, talk about the 9,000 people who make Upstate what it is, and note that many of the docs there are born and raised New Yorkers, and how all of the employees contribute to our overall welfare.  All of those things may very well be true, and we are fortunate to have a facility of this caliber, a regional powerhouse if you will, in our own back yard.

Know what else we have here in New York? Advertising agencies. Lots of them. A very good one,  headquartered maybe a mile from Upstate, for example. Now, I don't know if the local agency would have bid on the image campaign for Upstate, which has taken a hit lately.  They might not have been interested. But I have to think that one thing our SUNY schools should be doing, what all of our governmental agencies should be doing, is buying goods and services from New York.

Just as several years ago when it was discovered that the I Love New York tourism hot line was answered by a call center in Georgia or somewhere, we should be outraged that any state agency is not using New York companies for their services. Even in this case, where Upstate took the money from what seems like a really big petty cash fund, it just feels wrong that we're sending the money out of state.

Can't we do better?

20 Questions, 20 Answers

Today's Post Standard editorial, It's Time to Play 20 Questions, is an open invitation for all of us to have a little fun.  It doesn't matter whether you're happy and optimistic, or a miserable, cynical skeptic; as a city resident, county resident or even an out-of-towner, you can chime in. Full disclaimer: in general I resemble at least few of those categories above: I'll admit to being an optimistic if skeptical city resident, at the very least. Answering the questions might put me in some different buckets, we'll see.

Here goes:
1. Is $17,000 to keep the bathrooms clean at the New York State Fair really an excessive expenditure when you figure in the number of bathrooms (about 40), the length of the Fair (12 days) and the loudness of the complaints when the bathrooms are disgusting and run out of toilet paper?

If you've ever been in one of the Fair bathrooms, you'll know that this is money well spent. Those 40 bathrooms have a potential customer base of between 50,000 and 100,000 users per day, and it's worth it to have someone supervise the people hired to clean them. And no, I'm not interested, at any price. 

2. Is Onondaga County government just being super-efficient -- kind of like the private sector -- in its super-speedy review of plans to build an amphitheater on the west shore of Onondaga Lake?

I have to admit, it was hard not to chuckle at the comments from Legislature Chair Ryan McMahon who noted that "This is the first time in my nine years in government, people have been criticized for moving too fast in government."  Apparently he's forgotten about the stadium project, which Onondaga County tried to get shoehorned into the Governor's budget without including Stephanie Miner?  

I would love to see the square wooden wheels of government turn more quickly, on several things -- most notably reform, consolidation and spending -- but when you're talking about $30 million taxpayer dollars to build a seasonal amphitheater on top of decades-old waste beds, in the backyard of the snowiest major city in the Northeast, is time really of the essence?

3. Or is Onondaga County Government trying to ram the project through while nobody's looking?

Yes. And not for nothing, I'm as interested in the comments from concert promoters as I am in the environmental impact statement.  "If you build it, they will come" might have worked in an Iowa cornfield, but I'm not convinced that it will work here, given all of the other entertainment venues that are available within an easy drive.

4.  Why hasn't Attorney General Eric Schneiderman said anything about the implosion of the Moreland Commission to Investigate Public Corruption, whose members he deputized as special prosecutors?

Um, because he's as culpable in the failure of the Moreland Commission as our Sonuva Governor? Do you think he realizes that he dropped the ball, by not "talking to people" on the Commission, by not making suggestions to and meeting with the commissioners, including our own DA-for-Life William Fitzpatrick?  Or is it because he'll do just about anything to stay away from Cuomo at this point, since the two have long had a fractious relationship?

5.  What will the Syracuse University student -- the one who helped design an app to warn Israelis when rockets are about to fall on their heads -- come up with next?

Maybe he can warn us when the drones referenced in #13 are about to fly over our heads? 

6.  Why hasn't anyone built a glass-enclosed party palace in downtown Syracuse before now?

Lack of vision and lack of downtown momentum. Glad we've overcome both!

7.  Where are the Syracuse Chiefs fans -- considering the team is in the thick of a playoff picture, there's a ton of fun off the field and they're giving away a funeral this coming Wednesday, August 13th?

I'm still not convinced on that whole funeral give-away. That said, I haven't been to a Chiefs game since Josh Beckett did a rehab start for the Pawtucket Red Sox. I found my pictures from that night and guess what? There were about as many empty seats as filled seats, even for Beckett.

Now, had you asked me when that game was, I would have guessed a generic 'couple of years ago' --  but in fact, it was in July of 2010.  I had no idea it was that long ago.

I'm not a Chiefs fan, but what the heck's wrong with me that I haven't been to a game in more than four years?  That's a question most of us should ask ourselves.

8. Why is it taking so long to reconstruct West Fayette Street downtown?

The answer is 42. 

9.  Will Syracuse University get more applicants, now that it's been anointed the No. 1 party school in the nation?

Perhaps the better question is, how many folks will leave after the first semester when they realize that the ranking is unwarranted? And will they transfer to LeMoyne "we may be Jesuit but..." College, where at least they have Dolphy Day?

10.  Did President Barack Obama really think he could avoid being dragged back into Iraq?

Maybe he thought he'd be impeached first and wouldn't have to deal with it? On a more serious note, do we always have to go where others fear (or fail) to tread? Must we always be the world's police? Is our manifest destiny to continually try and secure the destiny of others? And how do we sit back and watch our ally Israel cause similar damage against Hamas in Gaza killing hundreds of innocent men, women and children in the process, at the same time we bomb others who cause the same carnage, albeit for different reasons?  Maybe 42 is the answer here as well. 

11. When is a political endorsement from a union not a political endorsement from a union? (Ask Dan Maffei and John Katko).

His uncle and my aunt were hanging up clothes. My union folded, it joined one of those. They support the other guy, so I had nowhere to go, but to throw my support to Cousin Katko. Or something like that, if Timothy Hogan spoke in verse.  

12. What is it with professional athletes and domestic violence?

From the time they're in junior high school, or even earlier, when they get discovered in Pop Warner or AAU leagues, promising athletes become a prized commodity; they're told they're special, and many are given special treatment, as soon as it's possible for someone to do so. Whether having female 'escorts' (wink wink) to them when they're college recruits, or not having to go to class, take tests or write papers, or being excused for sexual assault as high schoolers, or free clothes and all the rest, we show and tell athletes that they're special and all the rest of us are throw-aways, just like an old pair of free sneakers. Sadly, many of them learn that lesson more readily than all of the other critical life lessons that are right in front of them. 

And no, I'm not excusing the athletes' behavior, I'm complaining about the enablers, the ones who sweep bad behavior under the rug to make sure that (enter athlete's name) gets to play on (enter day of the week) in the big game against (enter key rival's name).  

And about league commissioners who put a higher price on smoking pot than on hitting a woman and then dragging her from an elevator.  

13.  With drones poised to start flying over Central New York, how soon before the fist invasion of privacy lawsuit is filed?

As soon as soybeans, corn, and wheat achieve personhood, or corporation-hood, and obtain free speech rights.

14.  Why can't Sens. Charles Schumer and Kirsten Gillibrand fly coach like the rest of us?

Good lord, is Chuck 'Touchdown' Schumer wearing those crazy astronaut diapers on his trips around the state?  He pays almost $300,000 to fly around on a plane that doesn't even have a bathroom? 

15.  Would it really be unethical to give experimental drugs to people dying of Ebola?

Ethical questions are supposed to be tough, and to me this one is. Would it be right to experiment on third-world people with the experimental drug, which might not even work? If it's wrong for us to have done that over the years with prisoners,blacks, mentally ill and the poor,how can it be right to do it now? And is it even necessary to do that, since traditional methods, if employed effectively, work effectively?  I think I'm on the 'yes' side of this one. I think.

16.  Can you believe it's football season already?

No. I sure hope my 49er's are ready. And I can't wait for us to get rolling with Scott Shafer press conferences after SU games.

17.  Who will be the next USA Basketball player to quit, after that gruesome injury to Paul George?

Can't say who will be next, don't know enough about it. But if the pros are afraid to play for fear they'll get hurt, perhaps with a career-ending injury, that leaves college kids. If they get afraid of maybe getting hurt before their NBA careers even start, will the USA be left fielding teams of walk-ons and high-school kids against the pros who compete with us (on our favorite teams) during the season and against us in international play? That would stink. 

18. Would today's hyper-partisan Congress have impeached Richard Nixon?

I can't imagine that they would have. Nor, if he was President now, that Nixon would resign. Back then, doing something for the good of the country meant something. Now, not so much. 

19.  Will we ever come to a consensus on Interstate 81?

I'm afraid our conversation will reach the end of its useful life about the same time the highway does.  At the same time, though, I'm glad that voices are being heard and that DOT is listening.  (Ryan McMahon, pay attention...)

20.  The State Fair is almost here.  Where did summer go?

A good portion of it went (as always) to work, weeding, and writing.  This year, we have to add in widing our bikes and dodging waindwops.

How would you have answered the questions? Share your responses in the comments.

Questions for Zephyr Teachout

Fordham University law professor Zephyr Teachout seems to be having the time of her life in her primary campaign against our Sonofa Gov, Andrew Cuomo. There's been a lot of attention, much of which is pro-Zephyr, not just anti-Andy. I find that encouraging; it's easy to support someone new simply out of dislike of the other guy.

AP photo/Hans Pennink

I would love a debate between Cuomo and Teachout.

It's important that incumbents don't sit on their high horses (or, in Cuomo's case, in another country) during the primary season, ignoring their challengers, and the voters.

We deserve better.

The only sure thing is that I will be voting in the primary on September 9th - right now my vote's up for grabs.  And on the likely chance that we won't get a debate, here are some questions for Zephyr Teachout.

(1) Economic Development:
Your position on economic development touches four points: economic fairness, having a 21st century Internet, stopping consolidation, and infrastructure.

You note that you would push to increase the minimum wage, pointing out that Cuomo's increase (implemented incrementally over three years) did not go far enough. I admit to some discomfort with, say, doubling the minimum wage without making changes to all wages.  But let's agree that the minimum wage should be higher, and should get there faster than 2016.

Would you leave in place the minimum wage reimbursement credit that is paid to businesses to cover a sizable portion of the hourly increase, or should businesses pay the fair wage on their own?

As part of economic fairness, you reference Cuomo's focus on big business, specifically changes in the corporate income tax, the estate tax, and certain taxes paid by banks.  However, you did not mention one of Cuomo's economic development achievements, the Start-UP NY, or Tax Free NY program, which allows new companies to come to New York, plop down near a SUNY Campus or a designated private college or university and get a pass on sales, property or business taxes. And their employees don't have to pay state income taxes for 10 years.

Clearly, this program is not fair to existing companies and their employees, including those companies who can expand into these tax-free zones, as long as they maintain their existing workforce.  And of course we've been promised that the shirt-changing, game-playing of similar programs from the past will not happen this time.

Given your stated preference for economic fairness, would you continue this program as-is, continue it with changes that make the playing field more level and fair for existing companies, the ones that do pay sales, property and business taxes, and their employees who are required to pay income tax, or would you scrap this program all together and do something else to promote development, increase employment, and encourage growth? If the answer is scrap it, describe what you would do to engage businesses to come to - or stay in - New York? 

You also reference infrastructure and expanding competition, rather than consolidating it, as other key components of your economic development platform. I agree with you both on the critical need for all New Yorkers to have affordable, reliable access to high speed Internet and on disapproving of the Comcast - TimeWarner merger.

Here in my neck of the woods, the infrastructure issues that are of greatest concern are the deteriorating condition of roads, bridges, and our water delivery system. We have streets in desperate need of repair in our central business districts and our neighborhoods, and not enough time or money to fix all of them. Syracuse had the dubious distinction of making NY Times this past February, with our 100+ water main breaks just in the first six weeks of the year. Our water delivery infrastructure is decades-old  and acts it, in an ornery and cantankerous fashion. Whenever a main breaks, there are not only issues with a lack of water for the impacted area, but the ripple effect, pardon the pun, is extensive AND expensive for local businesses, employees, and customers.

In addition to having New York companies work on New York infrastructure, and restoring infrastructure funds 're-purposed' for the state's general fund, what assistance can local municipalities expect from the state to help correct these critical infrastructure issues?

Another 'up here' issue is the effort to get some sort of high speed passenger rail service along the Empire Corridor, a route that generally follows the path of the existing Interstate network from Buffalo and Niagara Falls to NYC.  How much use this high speed rail system might get depends on how fast the trains go, where they stop, how often they run, and of course how (and how much) work will be done to separate existing passenger and freight lines, which everyone seems to blame for Amtrak trains travelling more slowly than cars on the Thruway. 

Regular infrastructure problems -- roads and bridges, water delivery, broadband access - these are all people problems, they're fiscal problems, and they're future growth and development problems. And as you note they're public health and safety issues as well, in light of the problems experienced after Hurricane Sandy (and I'd add Super Storm Irene as well). Those storms opened our eyes to a whole other set of infrastructure and service delivery issues which have not effectively been addressed. 

How do you prioritize these issues?  Is attention going to be paid first to NYC, the MTA and the Sandy fallout, and let the upstate chips fall where they may?  Or can you fund critical priorities in both areas without breaking the bank or our collective financial back?

(2) Energy:
You support a full and fast ban on fracking, and an end to the dance around the issue, which I cynically believe is designed to prevent a decision from occurring during a Cuomo administration. Many residents in the Southern Tier, who see the economic boom happening across the border in Pennsylvania, not only want a decision now, but they want a 'full steam ahead' decision, now.

What industry or industries do you feel could provide similar economic impact as fracking, but without the risk to the environment? 

You also note that we need large-scale public works programs to help us retrofit existing structures, from public buildings to gas stations, to improve energy efficiency and reduce costs.

Do you envision a modern-day Works Progress Administration (WPA) for the unemployed and able-bodied people in the safety net?

(3) Clean, fair and open elections:
I agree with most of your positions on campaign finance reform, including limiting the amount that can be contributed, closing the LLC loophole, and the unfettered use of housekeeping accounts. I would go farther on this issue, however.

Do you support term limits for those who serve at the state level, including members of the Legislature, the Governor, Attorney General, Comptroller, and so on, with a maximum combined 12 years in state elected office?

Would you support campaign finance laws that require donations only from residents of the legislative district where applicable, meaning no out-of-state funds, and no out-of-district funds for legislative seats as well as seats at the county, town and village level?

Would you apply the same limits to unions (public employee groups as well as others) as you would on corporations? 

I also agree that we need to reboot the Moreland Commission, but I have a concern with the make-up of the committee, particularly the fact that eleven of the commissioners are elected District Attorney, including two of the three commission chairs. I'm not convinced that these folks are any more pure than the others, who as you point out, may not be doing anything "technically illegal" but are "epitomizing legal corruption."

Would you consider reinstating and fully funding a Moreland Commission that did not include any elected officials as members?

(4) Guns and gun control:
Governor Cuomo, with the help of liberal Dems and moderate Republicans, passed the NY SAFE Act, which includes a host of changes to New York's gun laws, including ammunition limitations, more background checks, increased penalties for gun crimes (including those impacting first responders), and tries to keep guns out of the hands of those with mental illnesses. It also touches on Internet sales, the permitting process and school safety.

The SAFE Act has been widely derided by legal experts, police departments, fraternal police organizations, gun clubs, politicians in office an out, just about all of the 62 county legislatures in the state, and many ordinary New Yorkers. At the same time, even strongly pro-gun folks can find agreement with much of what's included in the law, as we all can disagree with the heavy-handed method in which the law was passed.

In addition, many counties have a significant backlog in the processing of handgun permits, which some feel is one more violation of their 2nd Amendment rights (on top of the SAFE Act itself).

Explain your position on gun control, and what if anything would your administration would do with the SAFE Act -- leave it alone, scrap it and start over, or modify it?  Please provide details if you would make changes to or scrap the current program. 

I keep thinking of other questions, but I have to save some for whoever ends up facing Rob Astorino.

Overall, I see many areas where Teachout and I share positions, and some where we don't. I like that we have a choice, and I'm a firm believer in the primary process.  I just wish our current governor was more of a believer.

I'll keep you posted on any responses I receive.

Meanwhile, Back in Albany (v17)

Nathaniel Brooks/NY Times

For the second time, former NY State Senate Majority Leader Dean Skelos and his son Adam were found guilty of corruption charges.  

Previously convicted in back in 2015, that verdict was thrown out and a new trial ordered based on a Supreme Court decision in another dirty politician's trial. The Skelos case was kicked off by former US Attorney Preet Bharara, who was fired by the Trump Administration, as happens sometimes when administrations change. (Bharara is now more than holding his own on social media, hosting a podcast on NPR and otherwise keeping us in the know.) 

And yes, while the trial was in Manhattan, the case has legs beyond the boundaries of New York City.  Because, meanwhile back in Albany, these are just a couple more convictions in a list of convictions on ethics-related charges that have occured in the past few years, reinforcing the message that we need to do something about the people we elect, the people they appoint, and how they all operate.

Who's in the rogue's gallery, in addition to Skelos? Here's a partial list, covering the nine years I've been publishing veritable pastiche of just the convicted state pols, not the 'resigned in disgrace because of a sex scandal' gang or any who served at the federal level:

• Sheldon Silver, Assembly Leader
• Deputy Senate Majority Leader Tom Libous
• Senate Minority Leader John L Sampson
• Senate Majority Leader Malcolm Smith
• Assemblywoman Gabriela Rosa
• Assemblyman William Boyland
• Assemblyman Eric Stevenson
• Assemblyman Nelson Castro
• State Senator Shirley Huntley
• Senate Majority Leader Pedro Espada, Jr.
• State Senator Vincent Leibell
• State Senator Nicholas Spano
• State Comptroller Alan Hevesi
• State Senator Carl Kruger
• State Senator Hiram Monserrate
• State Senator Efrain Gonzalez, Jr.
• State Health Commissioner Antonia Novello

Pretty impressive, kinda sorta, isn't it? You know, in a shameful kind of way, or in a 'seriously, we can't do better than this?" kind of way.

We've tried to address this, in any number of ways, including suggesting that the legislators get paid more so they would be less tempted to be bad.

We've tried passing ethics legislation - that didn't work, either.  And we had our Sonofa Gov's Moreland Commission, which was abruptly cancelled just when things started getting interesting.

Do we maybe just need better people?

Why We Need Campaign Finance Reform

Earlier this week I talked about ways to get the money out of politics.  To be sure, many will think they were ridiculous or extreme, but I have to say it sure was good to get them off my chest.  The fact that they will likely never become law, well, that’s just something I’m going to have to fight to change, I guess. 

When you talk about money and term limits in politics, you don’t have to go far in my neck of the woods to find examples where you have to just scratch your head. 

For example: we limit the mayor of Syracuse to two terms; Common Councilors can serve no more than eight years in the same seat – so if you represent a specific seat for two terms, you can then go and serve an additional two terms in an ‘at-large’ seat.  If you move to a different district, you could theoretically serve another two terms there. Does that make sense?

At the Onondaga County level, term limits are anathema. For example, we’ve had only three elected County Executives since the inception of the position.  John Mulroy served as the first Exec, from January 1962 through December 1987; Nick Pirro took over in January 1988 and served through December 2007, and Joanie Mahoney has been in office since then.  

Kevin ‘St Patrick’ Walsh, the County Sheriff, is now in his fifth term, and is already the longest serving sheriff in county history (Walsh portrays the Irish saint every March for the parade). Walsh is collecting a pension as a retired law enforcement officer (some $78K per year) as well as his salary as the elected sheriff, another $110K or so.  He failed to tell voters that he was going to retire until after the election was over – because no one asked him, according to published reports. 

And of course, we have our District Attorney for Life, William J Fitzpatrick, who was sworn in way

Dick Blume/The Post-Standard

back in January 1992 and is now in his sixth four-year term.  Fitz is, to be fair, a man of many accomplishments. He’s also wonderful with a turn of the phrase (sort of).

Not only is he a Big Man on Campus here in Onondaga County, he’s now a BMOC on a bigger campus, having been named co-chair of Governor Cuomo’s Moreland Commission to Investigate Public Corruption. 

So, now that Fitz is a key player on a commission working on campaign finance reform (as well as public corruption), the irony of the article that appeared in my local newspaper recently is not lost on me. Sara Patterson, a reporter for The Post-Standard, talked about Fitzpatrick's campaign contributions and expenses, and it was an eye-opener.

I was interested less in where the money comes from, but where the money goes. Here’s how Fitz spent lots of his contributions, according to the article, which pulled information from official campaign committee filings:

• Restaurants and bars: at least $63,000
• Golf courses, golf clubs, golf tournaments: at least $57,000
• Donations to other political campaigns or political parties: at least $53,000
• Polls, political consultants: at least $10,000
• Ads: at least $64,000

What else was noted in the database The Post-Standard created, which covered financial reports from 2005 -2013?

• Over $93,000 of the expenses were paid outside of Onondaga County; of that, close to $37,000 was spent outside New York State, in places like New Mexico and Idaho and Hawaii, Virginia and Tennessee and Florida (and, oddly, in Canada).
• One restaurant  - Peter Lugar's Steakhouse in Brooklyn - received over $29,000 of Fitz's campaign funds.
• Fitz reimbursed himself over $61,000 out of campaign funds.

Let that last one sink in for a bit -- and then let this sink in. 

Fitzpatrick, so far this year, has reimbursed himself over $12,000 out of campaign funds. During that same time period, he's also paid campaign expenses of almost $26,500 in and outside Onondaga County. And note that this is not an election year for him; he's next on the ballot for DA in 2015, having just been re-elected in 2011 to a four-year term in which he ran unopposed (for the fourth time).

Listen, I have no problem with expenses for advertising, polling, signs and the materials to make them, postage, website design, and so on -- all of which are noted in Fitzpatrick's filings.  Those are what I would expect campaign contributions to be used for.

And I'm not suggesting that our DA is doing anything unethical or illegal with how he spends campaign contributions. An election law expert would be able to tell us if these expenses are legal within the confines of campaign finance laws in New York, but I suspect they are. And that's a problem.

It's also a problem if people who donate money to local political campaign committees are not aware that their donations may be used for golf, steak dinners, travel expenses to meetings out of state, television appearances, contributions to political housekeeping accounts and other candidates, or what I loosely bucketed as 'charitable contributions', which include retirement dinners for judges, benefits to help raise funds for various causes, recreation leagues, unions, fraternal organizations and the like. 

That's not a comment on the value of the organizations or causes Fitz spends donor money on; heck, I think I've probably donated to some of the same ones he did. The difference is, when I do it, it's with my own money, not money given to me by other people in support of my election campaign.

Folks, the system is broken, and it needs to be fixed. The people selected to investigate and recommend changes are currently benefiting from the laws they'll be investigating. 

Are they the right people to fix it?  Want to talk about it over a steak dinner?

 

Meanwhile Back in Albany (v9)

Nathaniel Brooks/NY Times

The beat goes on in Albany, it surely does.

The last few times we talked about doings in New York's capital, it was all about good people, and full time vs. part time, and pay raises for our lawmakers.

They may or may not be good people, you see, because from what we heard (and hear) all along when it comes to paying elected officials is that the salary is too low to get good people involved. Which means, I guess, instead of having the best legislature, we have the best legislature we can entice for a piddly wage that's more than $20K over the median for the state, plus travel, per diem and, in a whole lot of cases, cases a leadership lulu.

Anyway -- the tripartite Commission on Legislative, Executive and Judicial Compensation - a group of representatives of the State Senate, State Assembly, and Governor's Cuomo's office, made their decision on the judiciary, giving judges and district attorneys (who work full time, by the way) a nice raise. But when it came time to make a decision on the legislature, commissioners and executives, no deal was done: the Commission rules require agreement by all three parties, and our Sonofa Gov's representatives said no.

So, where are we today?  Well, see, the Governor -- who is the only one of the Three Amigos still standing, and who has ethically-challenged people very close to him, who sleeps well at night because he knows he's doing the right thing, and who started and abruptly ended a big darn deal Moreland Commission on ethics -- wants to do something about ethics reform in Albany.

The best way to do that, apparently, is to have the Legislature come back for a special session so they can chat, and wheel-and-deal, and pass a bill on ethics reform, and a bill to either authorize a pay raise, or authorize the Commission to come back to the table at some defined future point so that they can give the Leg a raise.

Now, of course, everyone involved says this is no quid pro quo, tit for tat, play for pay for play kind of deal. It's about "getting the people's work done," and of course, "it's not a deal if everyone agrees"  and stuff like that.

And while it appears the reason for the special session may move from Let's-do-ethics-reform-in-return-for-a-raise to Let's-help-the-homeless-in-return-for-a-raise, I admit to some curiosity here.

• Isn't urgently helping the homeless something that could be done for the $172 per diem and cents-per-mile, without having to dangle a carrot in front of these folks? 
• Maybe we really do need to get some better people in the Legislature, if they won't come back to do urgent homelessness legislation without getting something in return?
• Aren't these folks, who desperately need us to agree that they're full timers to justify their raise, shooting themselves in the foot by refusing to work on important stuff like this in the off-season?

I'm not normally a huge fan of time flying by, but in this case, I hope that it does -- we do NOT need a special session that results in giving legislators a raise. Period. I don't want them to come to agreement on any deal, because the cards were already dealt to give them a raise, and they got a losing hand.

If they're unhappy with the salary and benefits they receive, they know where their district are -- and it's in their districts they should stay for the last two weeks of December.

More Term Limits, Please.

Governor Cuomo is using his executive budget-making powers to force the legislature into a corner on ethics reform. Among other things, according to his 30-day budget amendments, he would:

• eliminate the $172 per diem paid to each legislator when they're in Albany, and instead have them file expense reports just like state employees are required to do;
• disclose all outside income over $1,000; not allow any compensation in connection with a bill or resolution; not refer lobbyists to any business the lawmaker is affiliated with; require lawyers, real estate agents and some others to provide a description for and the source of compensation; disclose any compensation of over $5,000 from a client/customer, as well as disclosing who the client/customer is, the work performed, and whether the services were related to any pending legislation; 
• change the rules so that pensions can be forfeited by those folks who were elected before the pension forfeiture law was passed in 2011; and make it possible for prosecution of legislators for filing a false instrument (such as their disclosure statement), including a ban on holding office for five years or more;
• expand the disclosure requirements on communications made with a certain number of days of a general, special, or primary election.

These budget amendments are in addition to or add clarity to changes the Sonofa Gov outlined earlier in February. And, in theory, these changes are fine.  I'm all for disclosure, and I've long been a proponent of eliminating the per diem  After all, we pay these folks $79,000+ per year; do we also have to pay them for showing up?

I have a few issues, however, with his approach.  This is the same governor, after all, who set up a fake Moreland Commission on ethics, and shut it down as soon as it got close to his end of the hall.  He's ignoring existing ethics venues that are already in place, which he could easily work to strengthen rather than ignoring them.

Further, I have a strong distaste for politicians who link unrelated items together (ethics and the state budget?) and for those who think that they're more important than the process as a whole, which is exactly what Cuomo is doing. I mean, what's your tolerance for a CEO who threatens to shut down the whole shebang if he doesn't get his way?

And have we been shown, in any way at all, that ethics reform is more important than the business of New York?  I don't believe we have.

Not only that, but his changes don't get at the heart of the issue, which is this: entrenched politicians, the ones who are around year after year after decade after decade, are really the cause of the ethics problem. It's the power that goes with all of that time in office, the power which is so attractive to outside influencers, and so susceptible to outside influence. If you have no power, you're harder to bribe.

Someone like Shelly Silver, for example, with his decades-long career, his big staff, fancy office, ability to bring legislation to the floor (or keep it from the floor), the ability to 'motivate' other members of the legislature to go along, and in return get nice assignments, bigger lulus, and so on -- that's the guy you want to have your hooks in if you're unethical, or as some like to say, "playing by the rules."

How do we stop them? Term limits.

Itemizing campaign contributions is good, eliminating the per diem is good, forfeiting pensions is good, but those things won't stop the madness that is inherent with entrenched politicians.

These were not intended to be lifetime jobs; people who think they are, are the problem.  And when they've been there so long that even the strongest made-in-New-York shoe horn is not enough to shake them loose, we need more than Cuomo's suggested reforms.

We need term limits. We need level playing fields so that all of the people who are elected to serve have a chance to do that, on equal footing with their gentle brothers and sisters from districts across the state.  We can no longer continue to have the system turned on its head by people who are allowed to stick around forever, who accumulate and wield a ridiculous amount of power based simply on longevity.

As we learned in seventh or eight grade, power corrupts. Absolute power corrupts absolutely.

More term limits, please.

The Update Desk: Grains of Salt (v8)

Back in May, I talked about the Onondaga County DA-for-Life William Fitzpatrick and his head-scratching, head-spinning decision to open an investigation into Syracuse Mayor Stephanie Miner's administration.

The reason for the investigation? Fitzpatrick thought the Mayor was trying to influence public opinion against a local developer in a lawsuit. COR Development, once a local success story, went around the city's development agency to the county's development agency, got a tax deal, and the mayor was not happy. She sued and lost, but Fitz - not known to be a fan of the mayor or her police chief, for that matter - wanted to protect us from any undue influence from a politician.

He is one - a politician, of course -  and one who is not shy about trying to influence public opinion either in his official capacity as DA, or in his political capacity as, say, a member of our Sonofa Gov's Moreland Commission on ethics, or as, say, a boss getting involved in employment matters in his office.

Anyway -- back to our investigation,which one judge called a "fishing expedition": seems it's over, and there will be no findings or indictments, or even a report that we'll ever see, it appears. Here's the update from the local paper last Thursday:

A politically-charged investigation by the Onondaga County district attorney looking for misconduct at Syracuse City Hall has fizzled out without producing any allegations of wrongdoing.

District Attorney William Fitzpatrick's investigation of Syracuse Mayor Miner and her political allies produced no criminal charges or reports of malfeasance. 

According to the article, the Grand Jury records have been sealed, so we will likely never know for sure what happened, nor will folks, including at least two common councilors, officially have their names cleared.

That may be enough for Fitzpatrick, but is it enough for the elected officials? And is it enough for city taxpayers? Or County taxpayers who ultimately paid for this investigation?

No comment from Fitz, or from the Mayor.

Fortune Favors the Bold (Pt 4)

One of the things Governor Cuomo is a big proponent of is ethics reform,  including public financing of elections. He included a reference to this in his State of the State Address -- take a look:

I propose new anti-bribery and corruption laws, public financing of elections, independent enforcement at the board of elections, and disclosure of outside clients with business before the state of New York.

He's been steadfast in his support of these ideas, and his Moreland Commission came out with recommendations similar enough to Cuomo's ideas that one can't help thinking either he had a hand in writing them, or the Commission plagiarized his writing.  And while his support for reform has not waivered,  his own fundraising has been prolific.  Cuomo has $33 million in his war chest for this fall's election, with who knows how many more opportunities he has on his calendar to rake in more.

In his now famous Capitol Pressroom interview with  Susan Arbetter last week, Cuomo talked about politics and money, in a most enlightening and bold manner. Arbetter noted his successful fundraising to date, and wondered if it was to scare off potential opponents. Cuomo noted (and I'm paraphrasing here) that someone with a ton of money could run for office and win, simply because they had a ton of money, not because of any ideals or anything.  He's not necessarily talking about Donald Trump, but Trump has suggested he'd spend a couple bucks of his own money, if he decided to run.

Where the interview got interesting is when Arbetter pressed the Governor on where his money is coming from:

NYPIRG (Note: that's the New York Public Interest Research Group) noted that 81% of your donors gave at least $10,000, and some of your largest donations are from corporations from New York City who are giving in the hundreds of thousands of dollars (emphasis added).  And the question is does that make you more responsive to those interests? 

In classic Cuomo style, our Sonofa Governor answered:

Well...I think a lot of this conversation is baloney, frankly.

Think about that: 81% of his donations are over ten grand, bigger than you and I could or would afford, and he's got corporations giving hundreds of thousands of dollars.  It's NOT baloney, the question she asked -- it's a great question.  And he didn't stop at the deli counter -- he kept going.

What the people want to know, what they say to me is look, we want to know that you're working for us, and you're not working for anyone else. Because there are some politicians out there who can be bought for $10, and some politicians who cannot be bough for $10 billion. It's a question of the person, it's a question of character, and it's a question of values. It's not how much does it cost to buy a politician, it's a politician who can't be bought.

Now you and I can guess where Cuomo thinks he is in this equation. He believes, "in his heart" that we know he can't be bought, that we know he's working for our best interests and for the best interest of the state, and where the money comes from doesn't matter a whole hill of beans in the overall scheme of things. Why?

I'm going to make the decision that I think is right for them because at the end of the night I go home and I put my head on the pillow and I have to be able to fall asleep and I can't fall asleep if I don't believe I'm doing the right thing.

I can't fall asleep at night because our house is noisy and our cats are restless and My Sweet Baboo snores and there's a firehouse down the street and because I lie awake at night sometimes wondering why a politician would take hundreds of thousands, no, millions of dollars from corporations, when it's people that vote.

Cuomo knows that people like me have perceptions like that, so he thinks that we need public financing of elections.  He does note however, that even making a change like that may not be enough. He can vouch for his own character, but not everyone else's -- and regardless of the dollar limit that ultimately gets attached to any public campaign financing legislation,

if we elect people who can be bought, we're electing the wrong people. 

On that, the Gov and I agree.

On the rest, well, I have different ideas on campaign finance reform, many of which I've shared before. And until we make some really big changes - term limits for starters -- many times, those whom fortune favors are not necessarily the bold.  They're probably just incumbents.

Primary Post-mortem: #AskCuomo

In the end, the result was expected, even if the numbers were better than expected.

Andrew Cuomo, New York's Sonofa Gov, handily won the primary battle with Zephyr Teachout, with about 327,000 votes to her 185,000. Those who thought that Teachout, the law school professor, would barely make a dent were wrong, it turned out. She outright won 24 counties; who knows what would have happened if more people had voted.

Cuomo was barely visible during the primary season, other than going to the State Fair here in Syracuse and the Labor Day Parade in New York City. A thoroughly entrenched incumbent with dozens of millions of dollars at the ready, I'd be surprised if he spent as much of his own campaign funds during the entire primary season as I spend in one week feeding My Sweet Baboo and our cats.

All of the ads, all of the mail, everything I saw was paid for by the state Democratic Party -- a state party which apparently believes we here in Syracuse should be as enamored of the Buffalo Billion as are folks in Erie County, and should be thrilled with Cuomo for everything he's done for Western New York; I guess we can only wait to see whether the campaign mail is more reflective of us here in CNY between now and November, and to see what comes our direction once his second term gets into full swing, especially since he and Syracuse Mayor Stephanie Miner have made amends.

Zephyr Teachout had almost no money yet still managed to reinvigorate the left wing of the party, and actually made them feel like they belonged again. I think that was really the point of her campaign: the Democratic Party is big enough to welcome traditional Dems along side the 'new Cuomo' Dems, if you will, even the ones who sometimes come across looking more like Republicans to the libs.

Beyond fracking and wage equality and what not, Teachout and I had the same bone to pick with the governor. We want honest politicians who do not take advantage of every available trick of the trade to get elected or to stay in office. We want people who walk the talk of the reforms they pretend to support. We do not want politicians who publicly lament money in politics and then take it in hand over fist, as fast as they possibly can.  My views on election reform and campaign finance reform are out there for anyone who wants to pay attention. Andrew Cuomo doesn't.

His handling of the Moreland Commission was atrocious. His heavy handed approach to getting people to go along with the limited campaign reforms passed this past April is reminiscent of the actions that got Texas Governor Rick Perry arrested. They are not the actions of an ethical politician, one who sleeps easy at night because he's doing the right thing. But he doesn't pay attention to anyone on those subjects, either.

Cuomo's failure to debate Teachout - in sharp contrast to dad Mario's primary race against Ed Koch -- showed his disdain for the primary process very clearly. In response to a reporter's question on whether not debating was a disservice to democracy, he gave us this gem:

I've been in many debates that I think were a disservice to democracy, so anybody who says debates are always a service to democracy hasn't watched all the debates that I've been in.

I think most of us would have taken the risk on that; we would have liked to see the two square off on the issues, to truly see where they differed and where the heart of the party really lies. Instead, we're left with the #AskCuomo hashtag, which was used with both insight and humor during the last couple weeks of her campaign. And with this thank you message from Zephyr Teachout.

And Cuomo? Well, he can now waltz towards a November victory against Rob Astorino, the Westchester County Republican and sacrificial lamb the state Republicans chose when His Hairness, the blowhard Donald Trump bailed on them. That, too, went the way just about everyone expected, save a few county Republican chairmen who actually fell for his bluster.

Hopefully we'll see #AskCuomo throughout the inevitable second term. It's the least we can do, I think, to keep the pressure on, to help nudge the Governor in the direction he so wants us to believe he wants to go.

Grains of Salt (v8): Fitzing Around

Onondaga County's DA-for-Life, William Fitzpatrick, is investigating Syracuse's City Hall and Stephanie Miner, our term-limited mayor, for allegedly attempting to influence people's opinions against a tax deal for a developer who has been given exclusive rights to make the Syracuse Inner Harbor pretty.

Miner prefers that developer candy baskets include specific hiring requirements for city residents, among other things, and defends (too fiercely, many think) city territory on these deals. The mayor challenged this one because COR Development, the company in question, went straight to  the Onondaga County Industrial Development Agency  instead of to the Syracuse Industrial Development Agency, because they anticipated a friendlier reception - and they got one.

Miner sued, saying that COR promised not to seek a PILOT on the Inner Harbor project; the judge didn't buy it, and tossed her lawsuit. Fitzpatrick is investigating to see if there was undue influence by City Hall on legislators or other witnesses, or on public opinion generally. (Note that there was apparently some attempt to influence, as noted by the discovery of a letter to the editor that was 'signed' by five religious leaders, some of whom were surprised to see their names in the paper. Comically, or sadly, all of the local judges recused themselves from the case.)

COR Development once had close ties with Miner, and has a connection with the mayor's husband and his family; the company still has close ties with OnJoanie Mahoney, only the third county executive in Onondaga's history, and perhaps the last, depending on what happens with the Consensus Commission's recommendations to merge government functions between the city and the county.

It was this same developer who was in on the plans to build a half-a-billion-dollar stadium for Syracuse University - in the city - and we know that the plan was not discussed with the mayor in advance of it being announced, and eventually was not given the green light. The property where the stadium was to have been built remains basically undeveloped by COR at this time; all of the grand plans for the Loguen's Crossing development pre-stadium debacle have not yet been realized, nor has any real intent to act on them, as far as anyone knows.

The developer is also huge supporter of our Sonofa Governor Andrew Cuomo, giving a couple hundred thou to his 2014 campaign, and benefiting by having millions of dollars in contracts associated with the Sonofa Guv's gimmicky economic development programs around the state come their way. That includes right here in our own back yard where they have - you guessed it - exclusive rights to develop things like the 'nano-center' where we have a movie production studio generating some jobs, and a new LED lighting manufacturer which will bring in a few hundred more.

Those deals came about through COR's relationship with the Gov, er I mean through their interactions with the SUNY Polytechnic Institute. SUNY Poly is heavily involved in the "Buffalo Billion" project, a shining star in Cuomo's portfolio of economic successes.  Parts of the Buffalo Billion, including SUNY Poly, and people associated with it, including a very close former aide to Cuomo, are currently being looked at as part of the ongoing investigation of US Attorney Preet Bharara into politics and ethics in New York.

Bharara, who has already gotten convictions of both former NY Senate Majority Leader Dean Skelos and former State Assembly Speaker Shelly Silver, has made it clear he's not stopping his investigations even if the Governor's ill-fated and "totally independent" Moreland Commission to investigate corruption in NY's government was nipped in the bud when it apparently got too close to Cuomo, his donors, media partners, and so on.

I say 'apparently' that's why it was nipped in the bud, because pretty much everyone thinks that -- reporters, Bharara, and most New Yorkers, except maybe the members of the State Legislature; they're glad the Commission is out of their hair, and I don't think they care why.

One person who doesn't think that, though, is Fitzpatrick, who was one of the three co-chairs of the Commission (OnJoanie was also a member) and who suggested in emails that were uncovered that "the Second Floor" (the Sonofa Guv's home base in Albany) needed to understand what "independent" meant. Many people took that as suggesting at least some level of meddling, but apparently that was not the case.

Because the Commission asserted in court papers that it was fully independent, only a couple of months before it was unceremoniously shut down by the Governor, who pretended that his objectives on ethics reform were met through the budget negotiation process. Bharara noted that the shutdown didn't really pass the smell test. He ordered the Commission to preserve all papers and then, a few months later, let people know he would not take kindly to attempts by the Second Floor to influence any of the now former Commission members into painting a rosy picture of things when that was likely not the case.

And who was one of the Commission members who made glowing statements about the independence of the Commission, noting that no one can push him around and make him drop something he was interested in looking at, oh no siree?  None other than our very own DA,  Bill Fitzpatrick.

Heads spinning as we try and sort out this plate of spaghetti, we're Fitzing around here in Syracuse, fingers pointing, accusations and denials flowing like wine, he saids and she saids and who remembers and who signed and who didn't and who told on who and, frankly, for what?

Absent a smoking gun in Syracuse's City Hall, I would be confused as to how the Mayor's attempts to influence public opinion about a tax deal are really any different than Fitzpatrick's attempt to influence public opinion about an independent ethics commission?

They're both elected officials, speaking to constituents (many of whom don't like them) about things that any number of their constituents don't like or don't believe, and about which many people couldn't care less.

Do we want honest politicians? Of course we do. Do we want to uncover corruption? Sure we do. Would it be better if the person doing the investigating was not someone who has long-standing issues with the folks he's investigating? Of course it would.  Is that likely to happen here?

Nope.

Fortune Favors the Bold (Part 1)

(courtesy Gov.Cuomo's website)

The four words in the title of this post were nestled very early in State of the State (SOTS) address, which Governor Cuomo delivered last week.

Cuomo, like most who have the opportunity to give these speeches, started out with what was wrong in NY before he took office three years ago, including 23 late budgets in 30 years, sixty years of state spending exceeding revenues, and a $10 billion deficit. And consistent with how these 'State of the...' speeches go, he touted his successes and laid out his plan for this year.

I'll talk about the successes first.  There have been a lot of them during Cuomo's term; you almost have to give him credit for making a difference, even if you disagree with some of the differences that he made.  Here's the list of things that were mentioned in the SOTS, starting with those related to finances - the state's, or its impact on our own:

• the $10B deficit has turned into a $2B surplus
• spending was held at 2%, below the rate of inflation and below the rate of growth in personal income
• all New Yorkers pay less income tax now than when he took office, and the 'middle class tax rate' is the lowest it's been in over sixty years
• a property tax cap was passed
• a graduated, three-year series of increases in the minimum wage has started
• some 380,000 new private sector jobs were created, ranking us #2 in the nation for post-recession job creation
• a 15% increase in exports was realized
• improved scores were received from all of the major ratings agencies 
• unemployment is down across all regions of the state
• the 'opportunity' for municipalities to work with the state to help solve local financial problems
• state pension reform was enacted
• approval of casino gambling was obtained this past November
• a plan is finally in the works to replace the Tappan Zee Bridge

And in the bucket of public health, education and safety (a loose category of my own design, for the 'all other things we've done'):

• the (highly controversial) passage of the NY SAFE Act
• a reduction in the number of prison beds, and the closing of juvenile facilities
• a decrease in crime (no specifics given)
• enrolling some 265,000 people through the NY State of Health exchange
• marriage equality became a reality 
• teacher standards and evaluations
• the crackdown on DWT, or driving while texting
• creation of the Moreland Commission on Ethics to clean up Albany

Some of these may have been considered bold ideas when first proposed. I think perhaps the better term is 'ideas from a bold person', a man who does not worry so much about how things get done as much as he cares about the getting things done part. 

I'm not sure that anyone thought we would see this much of a financial turnaround in only three years, or that we would see movement on so many things that have just sat our there in the Albany idea cloud without any action - casino gambling, gun control, the Tappan Zee bridge project, and any kind of education reform being just a few examples. 

And the Sonofa Gov plans on more of the same bold ideas - many of which are designed to build on what's already been done - and bold implementation plans going forward.  

In upcoming posts, I'll look at some of these accomplishments and some of the plans for New York's future that Cuomo put on the table last Wednesday.

The Sonofa Gov Strikes Again

Andrew Cuomo has been a very busy man these past few weeks. He was pretty quiet after winning reelection in November, but he's been making some noise of late.

Photo credit: Cuomo's bio

First, he got himself engaged in the 'negotiations' over a possible pay raise for the state Legislature, trying to obtain additional concessions on ethics.  That effort failed, probably for the best; I don't know about you, but I don't believe that the Gov should be the decider on whether our elected officials in Albany deserve a raise.

He had his year-end press conference, where it was announced that fracking was a no-go for New York. That decision crushed the hopes of many in the Southern Tier, they of course being the folks under which the majority of the frackable gas resides, and the ones who can see Pennsylvania's fracking growth from their porches.

And there was the announcement by the Gaming Facilities Location Board (GFLB) letting us know who the winners were in the contest to build new casinos.  Three were authorized: one in the Catskills, one in Schenectady, and the third in the town of Tyre, near Waterloo, in Seneca County. The casino decision was another blow to our neighbors down south; the winner for "Southern Tier - Finger Lakes" region ended up not being in the Southern Tier.

Cuomo, who deflected credit (and blame) for the fracking and casino decisions, tried to say that neither had anything to do with politics and that he wasn't involved. The fracking decision was made based on science, and the casino location decision was entirely up to the GFLB; his hands were clean on both. Not surprisingly, a lot of people didn't believe him, given his record of similar statements on the 'independent'  Moreland Commission.

Now, Cuomo has stepped up with a letter to his, I mean 'the' Gaming Commission, looking to have a reopened bidding process for a casino in the 'true Southern Tier.'  At this point, the only bidder from the 'true' region is Tioga Downs, as a rival in Broome County will support the Tioga package if bidding is reopened. Cuomo suggests there might be national interest as well, although with a saturated market and casinos closing in Atlantic City, that may be as likely as the odds of winning the jackpot on a single pull on a slot machine.

However, since the Sonofa Governor has decided that we need a casino in the Southern Tier, it merely remains to be seen how he will make that happen. Maybe as part of the budget negotiations next spring? Say, a pay raise for the legislators if they pass some special bill for Tioga? Maybe he'll promise to stay away from any more ethics legislation if they go along with a win for the Downs?  It would probably serve us well to remember that the house always wins - and in this case, the 'house' is the Governor's Mansion.

And yesterday, Cuomo vetoed his own legislation delaying the implementation of teacher evaluations which included Common Core scores.  Cuomo says it was because there's no need for this particular legislation, given that just about every teacher in New York was rated as effective or higher.  He's now promising 'comprehensive reforms' in teacher evaluations next year. And we can trust that these reforms are because we need them, and not at all tied to the failure of NYSUT, the teacher's union, to support Cuomo's re-election bid.

We can trust him on all of these decisions, right?  Right?

Fortune Favors the Bold (Pt 2)

In his State of the State (SOTS) address, our Sonofa Governor Andrew Cuomo touched on many subjects; see my summary here. One of the things that he specifically mentioned was the uncommon collaboration between Syracuse Mayor Stephanie Miner and Onondaga County Executive Joanie Mahoney.

Cuomo is familiar with both women. Miner is the co-chair of New York's Democratic Committee, and in her role as our 53rd mayor she's frequently butted heads with the governor on financial issues, among other things.  Mahoney, a Republican, participated on Cuomo's transition team and is also a member of his Moreland Commission to clean up Albany. Here's what he had to say about our leaders:

And there is a ray of hope because there are local leaders who are stepping up to the plate and I would like to take a moment to recognize the great Onondaga County Executive Joanie Mahoney and the Mayor of Syracuse Stephanie Miner who are working together. They are working together to see if they can achieve consolidation and shared services between Onondaga County and the city of Syracuse. We wish them well and we hope other leaders follow their example because that is exactly the right course. 

Well, today we learned that things aren't always perfect with our Dream Team.  The topic that has them on opposite sides, at least for now? Building a new sports facility in Syracuse, primarily for SU.  This article provides a lot of the details on the proposed project, which Mahoney has been working on for a while. Here are some highlights of the deal, now not expected to go through:

• perhaps as much as $200 million in state funding, through an agreement with Cuomo, to go towards a half-a-billion dollar project slated for the old Kennedy Square neighborhood sandwiched between the University Hill medical complex and Water Street.  That area is already being developed as part of Upstate's seemingly endless appetite for expansion and SU's Connective Corridor initiative
• a commitment from the developer of the site to look to get an additional one million square feet of mixed development (residential and retail) near the area for the stadium
• contributions from SU, the 'major tenant', and from the County Legislature towards the project
• a private company to manage the facility.

Given their prior collaborative efforts it seems uncharacteristic that Miner was only brought in towards the end, after much had already been put into motion but Mahoney admitted that was the case. She also indicated that Miner balked, stating

I see this as a tremendous opportunity for the whole region, but I don't want to do it over the mayor's objections.  At the end of the day, she is the mayor and she gets to set her priorities.  My priorities, or the state's priorities, or Syracuse University's priorities for the city don't take precedence over the mayor's priorities. 

Those priorities for the city are mundane things, like replacing 100-year-old water mains before any more of them burst; new police cars, which are being replaced more slowly than they likely should be; mandatory water treatment initiatives; repairs to existing recreational facilities actually used by city residents, as opposed to a stadium that would only be visited by city residents.

I'm sure those priorities also include trying to do something about our neighborhoods and nearly 2000 abandoned properties; our schools; fighting crime; providing services in a city that's close to 50% untaxable, and all those other things that mayors are supposed to worry about.

Miner will undoubtedly have further conversations with Mahoney; she did send questions to SU chancellor Kent Syverud, which you can read here.  Syverud, on his second official day as chancellor, issued a statement, including these wise words:

I would hope that no community leader, including me, would be criticized for asking relevant questions before reaching a decision. 

I couldn't agree more.

Frankly, I'm astonished that Mahoney, the Legislature and all of the other interested parties cooked up this plan without engaging the city - I mean, I can only imagine what Joanie would think if I got together with her neighbors and came up with a plan to put a gazebo in her back yard, then presented her with about 70% of the details and said "Come on Joanie, let's go!" I expect I'd be met with a 'lack of enthusiasm' don't you?

To Cuomo's point in the SOTS, let's hope that other leaders who are looking to follow Miner and Mahoney down the path of collaboration don't take this little misstep as a sign that partnering with other jurisdictions - we have over 10,000 of them in New York, after all -- is the wrong way to go.  It's absolutely the right way to go, and I'm looking forward to seeing more of it here in Central New York.

And to his point that 'fortune favors the bold', one of things that sticks out the most on this is the 'bold' hand of the Governor, the hand that guides things behind the scenes and then presents them for everyone to take in when he's done, whether they like it or not. Reminds me of the old adage, if you can't play nice, pick up your toys and leave.

If  Onondaga County ends up losing hundreds of millions of dollars because Cuomo and Mahoney failed to engage a critical stakeholder, and chose instead to plop a gazebo in the middle of that stakeholder's back yard, shame on them.