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SD-46: Martland Demands Disclosure from Sen. "Second Job" Breslin

by: Soundpolitic

Thu May 06, 2010 at 13:14:44 PM EDT


Take your eye off this race for more than a couple days and you end up missing some fireworks.  On Monday, State Senate primary candidate Luke Martland went straight to the steps of incumbent Sen. Neil D. Breslin's second job to demand a full disclosure of the Senator's finacial dealings:

Martland Challenges Breslin to Release Taxes, Reveal Law Firm Clients and Salary

For immediate release: May 3, 2010

(Albany) - State Senate candidate and former prosecutor Luke Martland today released copies of his 2009 state and federal income tax forms and challenged incumbent Senator Neil Breslin torelease his income tax forms, disclose how much his second job at a large law firm pays him and reveal his clients so that the voters will know if there are any hidden conflicts of interest.

"Voters have the right to know if their elected officials are receiving income from sources that may compromise their integrity," said Martland, who pledges not to have any second job and no outside sources of income if he is elected to the State Senate.  

"Neil Breslin is assistant majority leader in the New York State Senate, one of the most  powerful and influential positions in state government," said Martland, "At the same time, he is also "of counsel" at Hiscock & Barclay, a large law firm.  I challenge Assistant Majority Leader Breslin to do what I have done: release his tax returns.  I challenge him to reveal how much this law firm pays him, who his clients are, and specifically what he does to earn their money."  

::

"The voters have a right to know how many hours a week Assistant Majority Leader Breslin is working at his second job instead of trying to get a budget passed," said Martland.  "The voters have a right to know who is paying Breslin thousands of dollars a year.  The voters have a right to know what specific legal work Breslin did for these clients.  Are these individuals and companies who appear before the Senate or have an interest in pending legislation?  Are these individuals or companies who appear before the Senate Insurance Committee which Senator Breslin leads?"  

Martland points out that releasing this information would not violate the attorney-client privilege.  As recently pointed out by the New York City Bar Association, the identify of an attorney's client and his or her income are almost always subject to disclosure.  

Martland pledges that if elected to the Senate he will release his state and federal income tax forms every year, work full-time (not part-time) for the people of Albany County, and not have any outside employment whatsoever so that he is completely free of any conflicts of interest.

Emphasis mine - SP

In the days that followed, the story found life both in the media and on the blogs.  Presses stop, Breslin responds, and bloggers sound off below the fold...

Soundpolitic :: SD-46: Martland Demands Disclosure from Sen. "Second Job" Breslin
The Albany Times Union took note of the manuever on Tuesday in print.  There, the papers allows Breslin to respond (he doesn't seem thrilled) though they interestingly enough leave out the fact that Martland made his challenge to Sen. Breslin practically on the steps of his cozy second job.

Call for disclosure in Senate contest
Democrat Luke Martland urges Breslin to say how much his legal work pays

By JORDAN CARLEO-EVANGELIST, Staff writer
First published in print: Tuesday, May 4, 2010

ALBANY -- Democratic state Senate candidate Luke Martland called on seven-term incumbent Neil Breslin to disclose the identities of his private law clients and reveal how much he's making from the private sector.
::
Breslin responded by saying that he scrupulously avoids conflicts of interest but firmly believes the type of legal work he does -- mostly wills, estate matters and closings -- is private.

"I absolutely do not do any legal business with people who have business with the legislature," Breslin said. "I think people's perception, for the kind of law I practice, is that it's a private matter."
::
Breslin, 67, also noted that, earlier this year, he released a complete copy of his state-mandated financial disclosure form to the Times Union. It was part of a survey of the entire Legislature by the newspaper.

While that form does not disclose exactly how much the senator makes in return for his private legal work, it pegged the figure at between $20,000 and $60,000 on top of his $104,000-a-year legislative salary.
::
Martland, who says the incumbent is vulnerable because of his ties to a Legislature widely viewed as dysfunctional, is one of two Democrats who have said they will primary Breslin this fall. The other is Albany resident Tim Carney.
::
Lawmakers' outside sources of income have come under sharper scrutiny in the wake of former Senate Majority Leader Joseph L. Bruno's conviction on federal charges that he used his elected position to enrich himself through private consulting work.

Throughout, Bruno maintained that because the Legislature is a part-time job, he had a right to earn a living.

"His defense was basically, that's the way Albany runs," Martland said, "and that's the problem."

Martland also called on Breslin to release his time records to show how much of his attention has been devoted to private law practice while the Legislature is still wrangling with the governor's office to produce a budget, now more than a month overdue.

Breslin countered that he spends 70 hours a week in his Senate office -- including both days this weekend -- and hasn't visited his private office on Beaver Street, other than to pick up his mail, in over a month.

"I strongly believe in public service," he said, "and I made a lot more as a lawyer before I came here."

For even more chatter and debate, the Times Union's Local Politics blog is the place to be.  There, the debate rages on:

Should Breslin be required to disclose his client list?  Should state legislators be allowed to hold jobs in the private sector?  Do these second jobs have any measurable impact on the lateness of the budget?  Or is this just a media stunt on Martland's part?  And what about Tim Carney, Breslin's other challenger?  These are all questions asked by others on the blogosphere, with no visibly clear consensus.

I offer a few answers before turning things loose here.  First, every political textbook I've looked at defined the New York State Legislature as full-time and professional already.  In other words, it takes up most of the representative's time.  Therefor, in order to truly do the best job possible, outside employment should cease.  Also, even if there is no conflict of interest or negative measurable impact on legislating resulting from second jobs, they do create an excuse for such stunts and allegations to begin with.  Why not jut get rid of the root of the problem?

That's not to say I disagree with Martland's claims.  I'm in the "right on the money" camp with this one.  But as far as this being a media stunt, I can't buy that.  Given the dismal coverage of two years ago, this is an example of the media doing make-up work to give voters a real picture this time around.  And as far as Tim Carney is concerned, I'm being told that next week will belong to him as he wraps up his county-wide "listening tour" and starts making announcements of his own.

The only true verdict is that this race has developed very quickly from a sure-bet for Sen. Breslin to a complete toss-up that's only just getting started.

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Tip Jar (0.00 / 0)
No cross-posts today, not enough time...

Tips for grand plans of future archiving expeditions!


toss-up? (0.00 / 0)
I'm sorry, but if you think this race is a complete toss-up, you either don't know the district or don't know how NYS Senate elections work.  While I appreciate the issues Martland's raising, I guarantee you Breslin gets 80% of the vote.  

No guarantees (0.00 / 0)
I know the district well enough and have some knowledge of the workings of elections in New York.

This comes from having canvassed the district heavily in support of David Weiss, the first man ever to challenge Breslin in a Democratic primary.

And if you had guaranteed that Breslin would win with over 80% two years ago, you'd have been wrong then.  With virtually no press coverage of his two 2008 opponents, Breslin did win by a wide margin, but with 77% of the vote.

So you'd have been close, but you would have lost the Showcase Showdown by going over.  But that was two years ago.  I'd say that Breslin's popularity has gone nowhere but down since then, and by that measure your estimate is even more flawed.

There are no guarantees this time around.


[ Parent ]
Colin, you couldn't be more mistaken... (0.00 / 0)
As usual, you oversimplify and strive for controversy and drama. In trying to find a niche for yourself, you have skewed the facts...

77% two years ago with no campaign because of lackluster opponents.

The more Martland pals around with the anti-Breslin cronies of the Albany County Democratic Establishment - the more that they rile up the base of Breslin supporters.

Senator Breslin spent more time helping other candidates two years ago than he did even considering his own campaign. AND HE STILL GOT 77% of the vote.

Now you are trying to tell the intelligent readers of TAP that somebody kicking a real campaign into high gear won't buy them a few points?

I don't buy your numbers. Senator Breslin brings in over 75% of the vote, still. Despite anti-incumbency, despite Mike Conners cronies', despite Luke Martland (and yourself) trying to create "news" where there isn't...


[ Parent ]
We simply disagree (0.00 / 0)
I can accept a difference of opinion regarding speculation on the outcome.

But to say I'm skewing the facts or creating news where there isn't any...that I have to say is ridiculous.

I can say that Breslin got 77% to years ago, and that's a fact.  You don't dispute that.  You disagree with my opinion rendered from out of those facts.

This goes for your ideas as well.  Your description of the 2008 opponents as "lackluster" is your own opinion.  My opinion was that David Weiss was an excellent candidate.  But in hindsight, there was no chance for any challenger to Breslin to win that year.  Everyone was focused on Obama '08, and everyone else was focused on the NY-21 primary, which ate up all the resources.  It also ate up newspaper columns.

Your assessment that Breslin practically did not campaign two years ago and, conversely, will campaign hard this year may indeed be a factor I failed to consider.  Still, it presents a major difference between the two cycles:  Two years ago, Breslin could coast to re-election without any effort because there was no reporting on his opponents.  This year, he's forced to dip into his quarter-million dollar war chest (I've heard it's as large as a half-million) in order to defend his seat and it's getting plenty of press.  It's a major difference that I see could have a very real effect on the outcome.

That's the key point: coverage.  If people don't know anything about the challenger, they're likely to just re-elect the incumbent.

And that's why I take offense to this whole "creating news where there isn't" deal.  I do what I do here because there's very little space given to these kinds of political candidates.  A newspaper or television station can't fully quote a press release or broadcast the online videos these campaigns are now generating.

I can.  So I do.  I think that makes up for all the times Neil Breslin has been featured on the local news channel for doing nothing more than flipping burgers at a picnic.

That's all I do here.  My purpose is not to be dramatic or spark controversy.


[ Parent ]
the district (0.00 / 0)
I have gone on record before, this blogger (soundpolitic) is prolific but ill informed. Given the anti incumbent mood I only see Neil getting 68-72 % of the primary vote but he still will win by a wide margin. This latest challenger has been on public payrolls his entire professional career and does not have anything different to offer the voters. If there was a candidate with a strong private sector career and progressive political views he or she might get it to 60-40 at best. Knowledge is a wonderful thing to have.

License to Ill (0.00 / 0)
See my above comment on my "license to ill" in this district.

I see that further down the thread the predictions for Neil's "big win" are going down.  I'll ask you the same question: would you have seen Breslin winning 77% at this time two years ago?

I would be careful with your "public payrolls" argument, too.  Especially considering the Senator you seem to support has said he "strongly believes in public service."  You may recall that part of Martland's public sector experience includes service in the United States Marine Corps.  And what problems do you have with his being our state's top sex offender registry prosecutor?  It seems like good experience to me...

People really need to get off this "strong private sector career" stuff when considering candidates.  That's anti-government conservative rhetoric at its worst.  Both the private and the public sector present opportunities to prove one's worth; a true progressive understands this.

I leave your assertion that I'm "ill-informed" to fall on its own merit.  My opinions may not be the same as yours, but I feel I've proved my knowledge of the district over the past two years.  It's not my knowledge or information you take issue with, it's my opinion.  There's a big difference.  

The the only impression I can get when you call me "ill-informed," yet don't take any issue with the facts as presented is this: You like the Senator, so you don't like me writing about him.

That's all.


[ Parent ]
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