It's Really Over This Time: Senate Majority Leader Smith

by: phillip anderson

Tue Jan 06, 2009 at 21:16:48 PM EST

The Senate leadership deal is officially done, and Queens Democrat Malcolm Smith has finally landed the 32 votes he needs to be majority leader of the Senate, putting the chamber back into Democratic hands for the first time in 43 years.

Flanked by members of his conference - including all of the Gang of Three - who marched from Sen. Carl Kruger's office in the LOB to the Capitol to join their fellow Democrats, Smith announced his victory.

Smith confirmed the details of the deal between himself and the three erstwhile renegades that have been reported throughout the day.

In short:

- Kruger, who ducked out without speaking to reporters, will chair the Finance Committee ($34,000 lu-lu), which Smith said does have a budget of between $5 million and $6 million. Sen. Liz Krueger will be vice chair of that committee (that's a new position, and so has no existing lu-lu; she's also chair of Select Committee on Budget Reform).

- Sen. Ruben Diaz Sr. will chair the Aging Committe ($12,500 lu-lu), and also will head a new Latino Task Force.

- Sen. Pedro Espada Jr. will chair the Housing Committee ($12,500 lu-lu) and will also serve as vice chairman of the Senate Rules Committee, the most powerful committee in the Senate, (Smith is the chairman) and president of the Senate for Urban Policy.

From a release just sent from the next Senate Majority Leader:

The Senate Democratic Conference emerged from their meeting tonight with the announcement that Senate Democratic Leader Malcolm A. Smith will serve as Senate Majority Leader, securing a Democratic Majority for the first time in 43 years.

Under the leadership of Senator Smith, the Senate will move New York in a new direction, taking steps to create a more open, accountable and inclusive legislative process.

"We are one Senate, united behind the common purpose of getting New York back on track and creating a government that operates in a more efficient and transparent manner to meet the needs of all New Yorkers," said Senator Smith.

At the meeting, the Democratic Conference solidified its commitment to reform the Senate into a more functional legislative body that allows good ideas to be openly debated by all members.

"Through the appointment of committee chairs with real standing and duties and a comprehensive review of the Senate's rules of procedure, we will restore the Senate's ability to achieve the peoples' agenda," said Senator Smith.

"In the face of the worst fiscal crisis since the Great Depression, the new Democratic Majority will work with the Governor and all of our legislative colleagues to revive the economy through job creation and economic development," said Senator Smith.

And there it is. It's going to be a very interesting session.

I've greatly enjoyed a much needed vacation from regular posting, but posting will be back to normal as of tomorrow morning.

It's put up or shut up time for Dems in Albany. I plan to be all over it. I hope you will be, too.

Stay tuned...

A Real Local Stimulus

by: herkimerprogressive

Tue Jan 06, 2009 at 19:00:32 PM EST

1. Save money in the long run.  The investments made by the federal government in energy efficiency at the local level come to our municipalities at no cost and allow the local governments to have lower energy costs in the future, which means that we would be able to lower taxes in the future which will help attract new businesses to the area.

2. Create local jobs.  A whole new sector will be created  in the local economy if we dedicate our grants from a federal stimulus package towards retrofitting our buildings. This will create jobs at all levels as companies will need to hire new employees to conduct the actual labor as well as administrative positions necessary to oversee the projects.

The former benefits will come to us through federal money if we are able to secure grants from the stimulus package and are not left out of the federal governments "areas to stimulate".  But even if we do not receive federal money for energy efficiency measures, one local municipality, coupled with a local employer, already have a pilot project in place that could provide a large boost to the local economy.

The Village of Ilion this past September installed 30 LED street lights on Barringer Road. These new lights provide a 50% energy saving over their traditional counterparts, last ten years instead of three, and give off a brighter light as opposed to the unnatural orange glow that we have all become so accustom to.  The best part about these new lights is not the energy savings, which of course can and should be passed on to the tax payers, but the fact that they were manufactured by Fiberdyne Energy located in Frankfort.

This means that the Village of Ilion is now experiencing energy savings through the purchase of equipment that was manufactured in Frankfort.  Now if we were able to have all of the local municipalities in the area to begin the process of installing these new street lights, we would not only be directly investing in lower future taxes, but also creating new manufacturing jobs right here in the Mohawk Valley.  This is a win-win deal for everyone involved.  We are constantly bombarded with images of our politicians handing out money to companies promising to create new jobs, with mixed results, but if our local municipalities were to install these new lights they would directly be creating new local jobs that would give their constituents employment and provide energy savings for the municipality, thus meaning that our local governments would actually get something other than the promise of new jobs for their investment.

It is this kind of innovative thinking that we need to see more of in these hard economic times. There is a lot to be said about putting more money into the economy and giving people jobs, but if that money does not provide results then we have just thrown our money away on a temporary fix.  The best part of this plan is that it does not even involve a governmental entity larger than our local governments, which, if able to come together and act upon this idea, would provide a brighter future for the Mohawk Valley.

Some History On U.S. Senate Appointees

by: robert.harding

Tue Jan 06, 2009 at 11:02:35 AM EST

Since the 17th Amendment established procedures for filling vacancies in 1913, only 60 of the 180 men and women appointed to the Senate - an even one-third ratio - have won the next election in their own right, according to records kept by the Senate.

Of the remaining 120, 63 did not run, 56 ran and lost, and one, South Carolina's Alva Moore Lumpkin, died two weeks after his appointment in 1941.

While a slim majority of appointed senators who sought election did win, their success rate pales in comparison to the overall incumbent-retention record in the Senate, with a low of 64 percent and a high of 96.9 percent in the 25 elections dating back to 1960.

I doubt that information will scare away possible appointees like Caroline Kennedy, Rep. Steve Israel and Rep. Carolyn Maloney. But the information is worth talking about.

Governor David Paterson wants to appoint someone who will help him politically, but also someone who will win in 2010. He has already shot down any speculation that he would appoint a caretaker for the seat. So we are looking for someone who will hold the seat and run for re-election in 2010.

But if I were Paterson, I would keep history in the back of my mind. The numbers don't look good for appointees running for election. If I were Paterson, I wouldn't completely rule out the caretaker option.  

Congressman-Elect Eric Massa Goes To Washington

by: robert.harding

Tue Jan 06, 2009 at 09:47:24 AM EST

Thanks to the Massa's press team, we have some pictures from yesterday's events. It should be noted that Massa rode in a Hydrogen fuel cell car built by General Motors on his trip to Washington D.C.

Here is the press release regarding Massa's journey to Washington D.C.:

(Photo courtesy of Michael Parks)

Early this morning, Congressman-Elect Eric Massa departed his hometown of Corning, New York to be sworn into the 111th Congress on Tuesday. Massa will arrive for his formal swearing-in on Tuesday morning, but the 282 mile journey in a GM Electric Fuel Cell Equinox went off without a hitch. Massa took this zero emission, hydrogen powered vehicle to Washington to highlight sustainable energy technology. The vehicle was primarily researched and developed in Honeoye Falls, part of New York's 29th Congressional District.

"I'm here to be the voice of the families of New York's 29th Congressional District and help take this country in a better direction," said Congressman-Elect Eric Massa. "Taking this GM Electric Fuel Cell car to Washington reflects all that I will stand for as your Representative - Creating good jobs in Western New York, breaking our addiction to foreign oil, taking meaningful steps toward addressing global warming, and getting our economy back on the road to success. I look forward to being sworn into office on Tuesday so we can get to work."

Congressman-Elect Massa will drive the Fuel Cell Equinox to Capitol Hill on Tuesday and will be available for interviews in your new DC office at 1208 in the Longworth House Office Building afterward. The entire 111th Congress is scheduled to be sworn-in at noon. Congressman-Elect Massa's individual swearing-in ceremony will take place at 5:30pm. To arrange an interview, please call Jared Smith.

Massa will make us proud as he begins serving his two-year term in the House of Representatives. I know he will be a friend of the Constitution and he will be a friend of the netroots. You can't ask for too much more than that.  

A Deal For The Diva Three?

by: phillip anderson

Tue Jan 06, 2009 at 09:37:46 AM EST

Senate Democrats appeared on the verge of a last-minute deal Monday night that could avoid chaos when lawmakers go back in session Tuesday.

...

One source said that Sen. Carl Kruger, a Brooklyn Democrat and a leader of the rebel Democrats, would become chairman of the powerful Finance Committee, and Sen. Ruben Diaz Sr., a Bronx Democrat and another so-called Gang of Three member, would become chairman of the Aging Committee. Bronx Democrat Sen. Pedro Espada Jr., who under a previous deal that fell apart was to become majority leader, would receive an "influential policy position," sources said.

"Espada will come out the most senior and influential Hispanic in state government," one source said of the Bronx Democrat.

Unlike the previously aborted deal, the positions of president pro tempore and majority leader will not be decoupled. Smith (D-Queens) will hold both titles.

Also, Kruger's Finance Committee will not get a separately funded staff, a source said.

Another source said the Gang of Three will get the titles they seek, but will have no power over the legislative agenda.

Will the caucus sign off on this deal after they pretty much revolted after the last one? I suspect that they will. That said, as I've said before, I'd have gone all Michael Corleone on the Diva Three.

My offer is this: nothing.

Also, this proposed deal proves once again that this whole ridiculous charade was always what it looked like. This was never about "empowering Latinos" or any other such thing. This was about extorting the best possible deal for themselves from the rest of the caucus, a caucus they didn't lift a finger to grow. It also shows what many folks suspected for years, namely that Carl Kruger would never pull the trigger and caucus with the GOP, despite the millions of dollars of your money they invested in him over the years. He was happy to take the money, but never had the guts to do what they the Senate GOP thought they were paying for.

Cornyn plays King-maker

by: Exile on Ericsson St.

Tue Jan 06, 2009 at 00:27:09 AM EST

"Senator Cornyn believes Peter King would be a very formidable candidate. He believes the seat could be in play, and is prepared to commit the resources to win the seat," said a senior Republican aide familiar with the meeting.

A source close to King confirmed  that the congressman is strongly considering running for the Senate. He is expected to make a final decision whether to run "soon after" Gov. David Paterson appoints a successor for Hillary Clinton's Senate seat.

If the NRSC backs Peter King in a Republican primary, I'll seriously consider sending them a check.  

Monroe County scandal update

by: Exile on Ericsson St.

Mon Jan 05, 2009 at 22:32:19 PM EST

Lawyer says arrested union workers in County scandal ordered to do private work

News 10NBC gets answers for the first time. The lawyer for two men charged with stealing taxpayer money says they never thought they were breaking the law.

[....]

"Their position was they felt that what they were doing was legal and correct. They never thought that what they were doing was a criminal act," Morabito said. Morabito says they did what they were ordered to do.

"Who told them to do it?" this reporter asked. "Well I'm getting the impression others, their immediate supervisors," he said.

Here's what I've heard:

1.  This crew allegedly did work on (former Monroe County and NYS GOP Chair) Steve Minarik's kitchen, (County Clerk) Cheryl DiNolfo's sidewalks, and on the exterior of (State Senator) Joe Robach's house.

2.  This scam has been going on for years.

3. The authorities have flipped one of the key players (Robert Morone, head of ROBUTRAD Corp).

4. The FBI may get involved with the investigation.

I've yet to hear that this touches Maggie Brooks, whom many believe may appear on the Republican statewide ticket in 2010, but it sounds like Joe Robach could be in trouble, politically if not legally.    

Welcoming Congressman-elect Massa to DC

by: jonah in nyc

Mon Jan 05, 2009 at 21:56:10 PM EST

The Bankruptcy Fix for Home Foreclosures

by: jmcbride

Mon Jan 05, 2009 at 15:55:19 PM EST

Most people have heard a very little bit about this solution, but it has not been well explained in the media.  The simplistic story is that there could be a law to allow bankruptcy judges to restructure home mortgages.  Some news stories add the fact that this is already available for people who own second homes or yachts.  

What is being proposed after the fold.  

New York State Budget Crisis

by: Assembly Member Richard N. Gottfried

Mon Jan 05, 2009 at 14:48:15 PM EST

New York State is facing its most serious budget crisis since the Depression of the 1930s - a deficit of over $12.5 billion for the fiscal year beginning April 1, 2009 - mostly because state taxes will bring in much less than in 2008.  And the MTA has a $1.2 billion budget gap.  What does it mean for our community?  Why is it happening?  How should we deal with it?

What does it mean for our community?

The total budget the Legislature adopted in April 2008 was $121.6 billion.  $56.3 billion of that is state tax dollars.  The rest is from Federal aid and other sources.

New York's budget pays for vitally important things.  About 38% of state tax dollars goes for school aid.  Another 27% pays for Medicaid - mostly for health care for the elderly and disabled.  Every state dollar for Medicaid is matched by a dollar from Washington.  Medicaid helps support the health care system we all depend on.  Add mental health and higher education, and you have 76% of state tax dollars.  And the deficit equals over 20% of state tax dollars.

So if we close the budget deficit by cutting spending, that inevitably means doing serious damage to health, mental health, education and higher education.  That's where the money is.

The rest of the state budget is relatively small items.  Even radically slashing those items would not save much money.  

This is a stupid way of increasing state revenue

by: Exile on Ericsson St.

Mon Jan 05, 2009 at 16:19:23 PM EST

The owner of one of western New York's largest wine and liquor stores may be fined $10,000 by the New York State Liquor Authority because he had the audacity to sell wine gift bags to his customers who were buying, you know, wine.

Here's the short version: The law is written to enumerate the various things that a wine or liquor store is permitted to sell. Like most stores, Marketview Liquor in Henrietta, NY sells wine, wine glasses, wine stoppers, and corkscrews. That's all just fine. But because the law does not specifically say that such stores can sell wine gift bags, the sale of such decorative bags must be punished. It does not matter if the law inconveniences customers who had hoped to do their holiday wine shopping in one location -- they can go to the grocery store if they want a gift bag.

[....]

...several state lawmakers asked me not to use their name when they explained that they believe this whole thing is about liquor stores vs. grocery stores. They said that lawmakers knew they had upset grocery stores by preventing wine sales on their premises, so they disallowed the sale of some wine accessories in liquor stores (wine-themed magnets is another. Seriously.)

The bottom line is, well, the bottom line: no one seemed to think the SLA would enforce these rules, but the state needs cash.

There have to be better ways for the state to raise more money.  

Addendum: The fine will probably be less than 10K.  But the State Liquor Authority claims "we can't choose to ignore it."  I think they can.      

Governor Paterson To Hold Upstate Town Halls After State Of The State Address

by: robert.harding

Mon Jan 05, 2009 at 15:51:10 PM EST

Governor Paterson won't be having separate addresses this year. He will give a State of the State Address at 1 p.m. Wednesday before a joint session of the New York State Legislature.

But he won't leave upstate behind. The Governor's office announced today that Governor Paterson will hold town hall meetings in select upstate cities to discuss issues impacting the upstate region.

Governor David A. Paterson today announced that he will hold a series of town hall meetings across Upstate New York in the weeks following his first State of the State address. The first of several town hall meetings and events will be held this Sunday, January 11 in Watertown, and is open to the public. Governor Paterson will spend a portion of the next six weeks traveling throughout Upstate New York to hear the concerns of everyday residents and to deliver his agenda for the coming year as we confront historic economic challenges.

"This is a difficult time for New Yorkers in every part of the State. Now, more than ever, we must work together and support one another as we build a better, stronger future for New York," said Governor Paterson. "This week, I will deliver my first State of the State address. I will lay out my goals for the coming year and I look forward to personally delivering that message to New Yorkers across the State as I embark on an Upstate tour in the days and weeks to come."

Governor Paterson added: "On Wednesday, I will celebrate our State's regional diversity, but discuss the importance of coming together as one unified state. In that spirit, I will not deliver a separate State of the Upstate address this year; instead, I will hold several town hall meetings and events to hear directly from our Upstate citizens about the challenges they face."

The first town hall meeting has already been announced. It will be held at 5 p.m. Sunday in Watertown at the North Side Improvement League, 633 Mill Street. The doors open at 4 p.m., so if you plan on attending the town hall meeting in Watertown, get their early.

Also, if you plan on attending any of the town hall meetings, you will need to RSVP. You can RSVP here starting tomorrow. You can also use that website to submit any questions or comments you may want to send to the governor if you aren't able to attend.

I am a proud resident of upstate but I believe that this is the right move by Paterson. One address is enough. The town halls are a more personal way of addressing certain issues we may have.

I will be in attendance for the Western New York town hall and depending on where the town hall meetings are held in the Finger Lakes region and the Southern Tier, I might be at either of those. So if you can't make it, I will at least have a summary for you about what went on at these meetings.

The New York State Legislature: Still Broken And Still In Need Of Repair

by: robert.harding

Mon Jan 05, 2009 at 09:08:30 AM EST

As we begin a new session in Albany with an Assembly still dominated by Democrats and a Senate that hopefully will be controlled by Democrats, the Brennan Center has unveiled an update to its report on the New York State Legislature. Its findings show that since the initial report in 2004, a lot has gone unchanged.

From the Brennan Center on the past history of its reports:

The legislative leadership largely dismissed the findings of the 2004 report. Assembly Speaker Sheldon Silver told the New York Times, "Nothing happens here in Albany, in the Assembly, without the input of the rank-and-file legislators." Joe Bruno, who recently left the Senate after serving for 14 years as its Majority Leader, called the report "pure nonsense" and equated a more democratic process with that of a Third World country.

Yet when the Legislature came back into session in early 2005, the Leaders announced rules changes-the first time in a generation-accompanied by self-congratulatory fanfare. In press releases that described the reforms' aspirational effect on the Legislature, the Assembly Speaker and Senate Majority Leader claimed that the new rules would usher in an era of openness, effectiveness, and accountability. The Senate even went so far as to claim that it addressed most of the recommendations made by the Brennan Center.

Unfinished Business: New York State Legislative Reform 2006 Update concluded that the changes on the whole, while a good start, were by no means transformative. The Legislature failed to adopt a comprehensive set of new rules that incorporated the Brennan Center's recommendations for making the legislative process more robust and democratic. Of the changes that the legislature did adopt, some, quite cynically, codified the status quo in new ways. The continued presence of these rules stifles rigorous deliberation and debate and hobbles the sincere efforts of a number of rank-and-file legislators to represent the best interests of their constituents and the state as a whole.

Where do we find ourselves today? Things have unchanged. One of the subjects of the previous reports are the committees and the lack of work these committees put in. In fact, one of the summary findings of the latest Brennan Center report says that most standing committees in both houses failed to meet at any point during the legislative session.

The report also stressed what we already know: The leadership in both houses have a "stranglehold" on the actions that take place in their respective houses.

The Brennan Center keeps it easy for the Legislature. They call on both houses to achieve the following five objectives:

- Strengthen standing committees by giving members authority to convene meetings and by requiring committee members to be present to vote.

- End the leadership stranglehold on bills coming to the floor by allowing rank-and-file members to discharge bills from committee and place them on the floor calendar by majority vote.

- Allow adequate opportunity for consideration of legislation by requiring adequate fiscal analysis and allowing ample time for full consideration of each bill on the floor before the close of session.

- Provide sufficient opportunity and resources for full consideration of legislation by making use of robust conference committees and distributing member funds equally.

- Make all records and products of the legislative process fully transparent and easily accessible to the public through the Internet.

There is a lot to look at in this report. Among other things, the Brennan Center also discussed the "inequity" that exists in the current member item system which rewards majority members over minority members and the call for more openness in the Legislature is loud and clear.

While I appreciate the fact that the Brennan Center has unveiled another report, it should not be necessary. The Brennan Center did this state a great service in 2004 when it first reported on the dysfunctional state of our state's legislature. Unfortunately, the report fell on deaf ears in Albany. The recommendations that these reports have made over the years can mean real change for the New York State Legislature. But with the wrong people in charge, these recommendations have gone nowhere.

I believe the Senate Democrats would implement these reforms and I do believe that there are members of the New York State Assembly who want to see these recommendations become reality. But until we see real leadership in Albany, these recommendations won't be implemented.

Bruno Investigation Extends to elder Daughter and SUNY Research Foundation

by: Andrew C. White

Sun Jan 04, 2009 at 14:40:21 PM EST

At second glance... one realizes that wherever the FBI turns it discovers yet one more area of Joe Bruno's life that needs investigating.

Today's Albany Times Union brings us the latest in the epic saga.

ALBANY - The FBI's investigation of former Senate Majority Leader Joseph L. Bruno has expanded to the Research Foundation of the State University of New York, according to sources familiar with the probe.

In particular, a knowledgeable source said, the FBI is probing the work activities of Susan M. Bruno, the elder daughter of the former Senate leader.

Congressman Eric Massa's Swearing-In Reception Tomorrow Night

by: robert.harding

Sun Jan 04, 2009 at 11:47:41 AM EST

Congressman-Elect Eric Massa

Cordially invites you to a reception in honor of his Swearing in as a Member of the 111th Congress.

Monday, January 5, 2009

6 p.m. - 8:30 p.m.

The Monocle

107 D Street, N.E.

Capitol Hill

RSVP:

massa.reception@gmail.com

I won't be able to attend, but I will be getting reports from Congressman Massa's staff. So I should have some pictures and a summary of what goes on.

But if you are in the area, try to make it. It promises to be a great time with a new member of Congress.