Quit Breaking the Law Asshole(s)!

Today, the New York State Government had two prominent figures charged with serious allegations of misconduct.

First, Governor David Paterson received his official fine for accepting five tickets to the 2009 New York Yankees Game 1 World Series Game. Paterson has been charged with a fine of 62,125 dollars by the New York State Commission on Public Integrity. According to the commission, Paterson accepted five tickets to the game without paying for them and without performing any official gubernatorial function. A few days after the game, Paterson is reported to have paid for four of the tickets. However, it does not change that fact that the Governor accepted a gift from the New York Yankees, which is absolutely and blatantly illegal.

Secondly, Former State Fair Director Peter Cappuccilli Jr. has been arrested on charges of Grand Larceny, Defrauding the Government, and Official Misconduct. This comes after a lengthy investigation into the State Fairgrounds hosting two separate weddings for his daughters at far less than market average by Attorney General, and Governor-elect, Andrew Cuomo.

According to the report, Cappuccilli received excessive discounts from “catering with a flair” for both of the weddings, which has a state contract to cater fair events. Also, at one of the weddings he allegedly ordered state workers to help with the weddings events and ordered the fairgrounds to be closed, costing the fairgrounds a potential earning of 46,000 dollars. To add insult to injury, Cappuccilli also attempted to cover his tracks by destroying invoices and documentation of his illegal activities. Cappuccilli served as State Fair Director under former Governor Pataki and resigned in 2005.

All of this comes only days after the Pedro Espada federal indictment last week. Fun times in New York State, fun times.

The Frac’d Middle Ground

Sorry about not catching this sooner blog readers, my weekend was spent doing absolutely nothing with the most wonderful woman in the world.

That being said, on Saturday Governor David Paterson seems to have accomplished the impossible. He managed to get environmentalists and drilling companies to agree on a Hydrofracking Moratorium…and pigs didn’t even fly, I was so disappointed. Last week, the Assembly passed the Senate’s version of the Hydrofracking Moratorium bill that would ban all drilling (both vertical and horizontal) until May 11th 2011. Upon its passage the Governor had 10 days to sign or veto the legislation.

Since, vertical well drilling has been occurring safely in New York for some time, the legislation would have put more people out of work and would have slowed the progress of future vertical wells. So, over the weekend Paterson brought both groups together and decided to veto the legislative bill and instead execute an Executive Order that bans the practice of Horizontal Drilling, and only horizontal drilling, until July 1st, 2011.

Both environmentalists and Drilling companies applauded the compromise and agreed that this allows for more time to be spent investigating the issue in New York. However, this is just a stall in the end. Governor Elect Andrew Cuomo will be forced to deal with this issue, most likely from the moment he takes office, since upstate landowners are already selling their land to drilling companies in hopes of making some short-term returns on the process. Meanwhile, environmentalist organizations have been rambling across the state and Albany warning people of the potential hazards involved in the hydrofracking procedure.

OTB Bill Busts

After waiting all day to go into session, the New York State Senate voted on the NYC OTB restructuring bill. However, due to several Senators being not present at the vote the bill failed 29 to 21.

The legislation would have restructured the OTB program in New York to have mandatory oversight by the state. Furthermore, it would have allowed the NYC OTB to pay only 50 percent of its state taxes for the next two years (for a more comprehensive list of what the bill would have done see the post Senate Doubles Down).

All Democrats present for the vote, voted in favor of the legislation. However, three key votes were missing keeping the action from reaching the necessary 32 needed. Senator Pedro Espada failed to show for the session due to being voted out of office in a Democratic Primary in September, Senator Kevin Parker was busy being found guilty of Criminal Mischief, and Senator Malcolm Smith was in China discussing the possibility of building a High Speed Rail across New York State.

It should be noted that all Republican Senators present for the vote voted as a block against the legislation. Stating that the bill only benefited downstate interests and would not help the upstate OTB offices.

With the failed vote, NYC OTB CEO Greg Rayburn said he would be forced to shut down the organization as of Midnight tonight.

Parker’s Problems Persist

New York State Senator Kevin Parker has been found guilty of two misdemeanor counts of criminal mischief after a recent altercation he had with a NY Post photographer. In the altercation, the photographer was taking pictures of Parker’s house to accompany a story on the Senator’s financial problems. Parker realizing the pictures were being taken, ran out of his home and proceeded to pull the photographers car door off with his bare hands and then break one of the guys fingers.

This is not the first ridiculously violent act Senator Parker has committed. In 2005, he punched a traffic cop in the face for writing him a ticket. Also, on countless occasions Parker has had violent outbursts on the Senate floor and in committee. During which he has called people names, accused them of racism, and has directly threatened fellow Senators. All of which has led to court-ordered anger management classes.

The good news is that the New York State Senate set a precedent of kicking members out of office who have committed misdemeanor offenses with the ousting of Hiram Monserrate last year after he slashed his Girlfriend in the face with a piece of glass. However, the law does not require them to do so. Only if a Senator is found guilty of a felony can he be kicked out without question.

Politically speaking, Parker is tolerated in his own party and the Democrats have not announced any action one way or another. However, it would be difficult to differentiate between Parker’s flagrant violent actions and Monserrates. Plus, the seat is in a heavily democratic district that would easily be won in a special session. Personally, I say vote the lunatic out.

Sign The Fracking Bill Paterson!

As of Wednesday the Hydrofracking Moratorium bill found its way to the Governor’s desk. This is in thanks to the Assembly’s recent passage of the legislation in a special session that took place on Tuesday. This means the Governor has 10 days to either sign or veto the legislation. If neither can be done in that time the bill becomes law automatically (this is not a rule because Paterson is blind, although it is convenient for him).

The moratorium would stop all horizontal and vertical hydrolic-fracturing from taking place in New York until May 2011. The Senate passed the bill back in May.

Personally, I say sign the damn thing already. There already is a moratorium on hydrofracking in New York so that the DEC can conclude its investigation into if the practice is safe or not. I don’t think it would hurt putting a final deadline on the process. Plus, let’s get down to brass tacks here, NO ONE KNOWS WHAT IS IN THE “WATER” THEY USE. I’m sorry, but I have listened to all the arguments for and against Hydrofracking in the world. I know both sides of the story. The fact is this, they want to pump chemicals, that we know are at the very minimum flammable, into our earth…and then leave it there in a well to become part of the underground drainage.

I am not saying that we can not have a drilling industry in New York. I am saying that if you want to drill in New York, you should have to use chemicals that 1. will not kill me. 2. will not light on fire. and 3. will not kill animals…in that order (3 can be up for debate based on the animal it kills and where). I find it hard to believe that drilling companies can not find a safe chemical to use to blow apart rocks with. If they can invent Gorilla Glue, they can do this. So how about drilling companies stop wasting their money on lobbying the New York State Government and try to find a safe way to dig a hole, so that the Marcellus Shale Natural Gas deposits can be accessed without turning New York State into Mustafar from Revenge of the Sith (final Battle Scene). This is not safe…stop the discussion, and sign the bill.

Senate Doubles Down (Update)

I promised I would get more information on the NYC OTB restructuring that the New York State Senate is supposed to take up on Tuesday of next week, and I have done just that. The bill submitted by Governor Paterson is fairly lengthy and filled with legalize. So, Here is what I was able to pull out of it.

1. NYC OTB must, forever and always, submit a budget to New York State that is balanced every fiscal year. This to me is just sound fiscal planning and should have been happening anyway, but I digress.

2. Both the Speaker of the Assembly and the President of the Senate get to appoint a voting member to the OTB Board of Directors.

3. Each regional office will be responsible for paying any outstanding balances on their accounts at the end of each fiscal year for the exception of NYC OTB. *Note* I am not sure how this can be possible since a balanced budget must be submitted to the state every year. If NYC runs a deficit, does the other regional offices have to pick up the slack? Anyone with an answer to this question, please post in the comments.

4. OTB gets a 50 percent tax break for the next two years. If after two years their profits reach 600 million to 615 million then the percentage drops to 40 percent and so on down as their profits increase. However when profits reach 640 million there will be no tax breaks at all.

5. If OTB falls into the red for two consecutive fiscal years, or submits an unbalanced budget, the New York Racing Association (NYRA) will assume control of it.

6. NYRA will be assuming control of all online and phone betting.

So, there you have it, in a nutshell. Honestly, there is A LOT more to this piece of legislation than what I am giving you here, but these are the major highlights of the bill. Remember, this has not been passed by the Senate yet. It is expected to be on their docket on Tuesday Dec. 7th. however, there is no way of knowing for sure if they will take it up.

I believe that this is a necessary piece of legislation. Yes, the state will lose 50 percent of the taxes it receives from OTB for the next two years. However, remember if OTB goes under the state receives no tax revenue from it at all. Better to help maintain and build upon the industry than let it fail and force the state to make up the lost tax revenues in other ways.

Paterson: Free to Act or Irrelevant?

I have never been a huge fan of Paterson. However, I am very interested in what he will do now that he no longer has the big, ugly, snarling dog known as politics tearing at his leg. Due to his decision to not run for Election this coming season, due to a controversy involving one of his top aides, Paterson theoretically is free to go after real reform the state needs.

In theory, everything works. It is in reality that theory gets blown away. So, while politics is no longer dogging Paterson, it is possible that legislators will consider him erroneous to the system and regard him as a lame duck governor. Legislators will say, he no longer has any real power because he is not running for office and therefore is just keeping the seat warm for Andrew Cuomo.

Now, if Cuomo and Paterson had any sense at all, they would agree to throw in some of Cuomo’s more controversial issues into the pot now under Paterson’s watch. This would give Cuomo cover when he takes office and Paterson the opportunity to make some of the real reforms he wants to see made. I have to say, I believe Paterson wants to make the state better and I think his biggest issue was creativity, something Cuomo is not short on. Like I said, let Paterson “borrow” some ideas that Cuomo is not sure about or how they will be received in the legislature.

This makes sense for everyone and gives Cuomo time to trial run things so when he hits his 100 day countdown he can do the most with what he has. Think about it, Paterson could possible lay it all on the line for some real reforms. He is done in the public sector, go out with some flair. Plus, it would give some time to test reform ideas without Cuomo catching the heat. Why not go for it?

Paterson Suspends Campaign

Good morning everyone. Sorry there has not been a post on this earlier, i have been busy with my Masters work and enjoying the immense amount of snow that has fallen here in New York.

Now to the fun stuff, it is expected that later today Governor David Paterson will suspend his re-election campaign due to a probe into the illegal actions of one of his top aides. In the past few weeks it has come out that Paterson’s aid may have been involved in a domestic dispute possibly involving some sort of assault. However, none of this has been confirmed. All we know for sure is that Paterson has new information on the scenario and has decided to ask the Attorney General, Andrew Cuomo to begin a formal investigation into his aides actions.

This is the only move Paterson really has left. Paterson has been a strong supporter of womens rights and fighting domestic abuse. To have his aide committing such an offensive may destroy his last bit of legitimacy.

Nothing has been said about if the suspension of the campaign will be permanent or just until the probe in over. However, it has been suspected that Andrew Cuomo will take this opportunity to announce his bid for Governor. This will almost certainly end Paterson’s campaign due to the high support Cuomo has already before he has even announced.

I would like to say that this is all speculation at this point and I have no confirmation on anything. While I do not like to speculate too much about these things i would say it is more than fair to say Paterson is between a rock and a hard place. His poll numbers are in the basement, his office is being investigated by the Attorney General who is likely to run for his office. It is hard not to say that Patersons campaign/political life is likely over.

Monserrate Ousted

It is offical, or at least the senate says its offical. Senator Hiram Monserrate of Queens has been voted out of the New York State Senate. Monserrate gave a 16 minute address to the body explaining to legislators that they did not have the power to expel him and that he will seek legal regress should they vote him out. After the overwhleming 35 to 8 vote in favor of expulsion, Monserrate repeated his promise and also stated that he believed racism was involved in his expulsion.

For those who do not know, Monserrate slashed his girlfriend in the face when an argument took an ugly turn. He was convited of misdemeanor assault. Monserrate was also involved in the Senate Coup that took place last year. Early in the three day event Monserrate switched sides, only to return to the democrates a day later.

With all of this said I find it hard to believe that Monserrate was ousted due to racism. Your right Hiram, it was your race that got you booted from the Senate, not your backstabbing or women bashing.

I would say the senate finally made a solid action as a whole. They voted out someone who, literally, is unfit to serve or represent the people of the state of New York.

The action by the senate does not come without repercussion. Democrats now have a very slim majority and without Monserrate they will be unable to reach quarm without republican help. In order to allivate the issue, Governor Paterson has announced a special election in Queens in March. Monserrate has vowed to either stop the election through legal action or win it outright.

Mischief Managed?

Only two weeks after Governor Paterson gave the State of the State address, where he outlined comprehensive ethics reform in Albany, the issue has been picked up by the legislature. There is only one issue, the Governor hates it.

Thats right, Paterson’s spokesmen has stated quite clearly that the new ethics reform bill is nothing more than “election-year window dressing” . I am going to have to agree with Paterson on this one.

Everyone knows that come election time incumbets, specifically democrats, are going to have to answer for the screeching halt of the state government that occured last year. No better way to deflect the question than by being able to say, “yes, but we also past ethics reform legislation that will make New York a better state.” But, have they really passed ethics reform that voters can look at, and like Harry Potter to the Marauder’s Map, say mischief managed?

That answer would be NO. Now, i am a proponet of progress, and the legislature is making steps in the right direction. However, if ethics reform is going to be a central issue for this legislative session and election (and it clearly is), than why not attack the issue comprehensivly rather than picking out a few problems here and there.

For a little background information, the new bill would create a bi-cameral system that would monitor legislators and legislative activities, such as outside income (or the Bruno clause after former Senate Majority Leader Bruno).

But here is the kicker. In all of the shuffling around of committee’s and definitions the law fails to do one very important thing…DEFINE WHAT PUNISHMENTS WILL BE.

The single biggest problem with ethics in the State of New York is that people do not get punished if they do something wrong. For example, Senator Espada owes several thousands of dollars in campaign contribution violations, yet he still recieves his paycheck and is still in office. Creating another bill with no teeth is like trying to discipline a child without actually punishing them…”please billy stop stealing from other kids…now go play with your friends”.

I agree that reform is needed and if this waterdowned version of Governor Paterson’s proposal is all we can get, then lets pass it. But it will do little to actually fix the problem. I suggest we go back to the drawing board and try again.

(for those who read my posts, you will notice that in my state of the state analysis I predicted comprehensive ethics refom would be stripped and watered down)