We know that SD-58 hopeful Dennis Delano, the guy who won't debate or talk to the press, was suspended from the Buffalo Police Department back in February and has continued to collect a paycheck ever since, even as he is running for office. The hole thing sounds pretty damn fishy to begin with and now there is this. By remaining on the public payroll while running for the Senate and not getting a waiver from the US Office of Special Counsel, it seems rather clear that Delano is violating one of the oldest campaign laws on the books, the Hatch Act. That's a pretty big no-no. I just received this release from the Stachowski campaign:
IS DELANO IN VIOLATION OF THE HATCH ACT?
Campaign in shambles as Republican candidate-in-hiding breaks the federal law that prohibits politicking while collecting a public paycheck
Buffalo - (October 29, 2008) - Republican State Senate candidate Dennis Delano was slammed today with questions regarding his candidacy and likely violation of federal law. Delano, who has hid from the public after a series of high profile embarrassments in which he showcased ignorance about the Taylor Law, gerrymandering and other 8th grade lessons, has failed to provide any documentation that proves his campaign is not in direct violation of the Hatch Act of 1939, officially known as an Act to Prevent Pernicious Political Activities.
"Voters have a right to know that the person asking for their vote is not intentionally breaking the law," declared Campaign Manager Cathy Calhoun. "Delano has failed to provide any proof so far that his campaign is legit. If appropriate documentation is not readily accessible, the consequence is clear: he must cease his candidacy or resign effective immediately"
Calhoun added, "Dennis needs to take a civics course. He has displayed nothing but contempt for the public."
Under the Hatch Act anyone paid with federal dollars must seek an advisory opinion and waiver from the U.S. Office of the Special Counsel before launching a political candidacy.
"Has Dennis spoken with legal advisors who have previously advised him on this issue? If so, whom? Does he have a written advisory or waiver from the Special Counsel? Do his actions place any liability on the City of Buffalo or the local police?" Calhoun demanded. "Dennis's actions could have far-reaching consequences. Not knowing the Hatch Act, the Taylor Law and other important laws has left us wondering what he actually does know."
It was reported October 26th by Channel 7 News that since being suspended in February, Dennis Delano has continued to collect his salary. About $41, 297 has been paid to Delano in that time. Since dedicating himself to his Republican candidacy, Delano has pocketed an additional $26,000, all of which comes at the expense of taxpayers. Channel 7 also noted that Delano has purposefully prolonged his suspension, delaying the hearing into his alleged misconduct until after the election.
"Talk about the sweet life, the guy is getting paid to campaign. Long Islander Dean Skelos has lined his pockets and taxpayers are footing his bills," said Calhoun. "No wonder this guy can't find the time to talk to voters, he's too busy finding ways to skirt the law. As it turns out ignorance is bliss, and profitable!"
In an advisory by Larry James, General Counsel to the National Fraternal Order of Police, it is plainly noted as impermissible to "run for any elected partisan office." The advisory also states that it is against the law to "allow one's name or likeness to be used in campaign literature in the police officer's professional capacity."
An advisory by the U.S. Office of the Special Counsel states:
Covered employees are those whose principal employment is with a state, county or municipal executive agency, and whose job duties are "in connection with" programs financed in whole or in part by loans or grants made by the United States or an agency thereof. 5 U.S.C. ยง 1501(4). Employees are subject to the Act if, as a normal and foreseeable incident of their principal employment, they perform duties in connection with the federally financed activities. In re Hutchins, 2 P.A.R. 160, 164 (1944); Special Counsel v. Gallagher, 44 M.S.P.R. 57 (1990). Coverage is not dependent on the source of an employee's salary, nor is it dependent upon whether the employee actually administers the funds or has policy duties with respect to them. Special Counsel v. Williams, 56 M.S.P.R. 277, 283-84 (1993), aff'd, Williams v. M.S.P.B., 55 F.3d 917 (4th Cir. 1995), cert. denied, 516 U.S. 1071 (1996) (unreported decision).
"Thankfully for Dennis's sake, the requirements are clear if he reads them. If he has not broken the law, just show us the proof already. The public's trust hangs in the balance," concluded Calhoun.
This seems to be a rather cut and dry case. Either Delano obtained a waiver from the Office of Special Counsel or he did not. If he did, he needs to produce it pronto. If he did not, he's in deep doo-doo.
Yesterday, Phillip highlighted Dennis Delano and his suspension from the Buffalo Police Department. There appears to be another (and possibly bigger) story coming out of that suspension. The question is this: Is Dennis Delano in violation of the Hatch Act?
The Hatch Act, as it applies to police officers, prohibits municipal employees (police officers in this instance) from running for partisan office. There are some things, as public employees, that police officers can do. They can even run for non-partisan office but it is against the Hatch Act to run for partisan office. A state senate election pitting Delano, a Republican, against the Democratic incumbent Bill Stachowski would be a partisan election.
How does this apply to Delano? He is suspended from the Buffalo Police with pay. He has been paid throughout his suspension from the force pending a hearing. That hearing has been delayed and pushed back until after the election.
Here is more on this from Stachowski's campaign:
Under the Hatch Act anyone paid with federal dollars must seek an advisory opinion and waiver from the U.S. Office of the Special Counsel before launching a political candidacy.
"Has Dennis spoken with legal advisors who have previously advised him on this issue? If so, whom? Does he have a written advisory or waiver from the Special Counsel? Do his actions place any liability on the City of Buffalo or the local police?" Calhoun demanded. "Dennis's actions could have far-reaching consequences. Not knowing the Hatch Act, the Taylor Law and other important laws has left us wondering what he actually does know."
It was reported October 26th by Channel 7 News that since being suspended in February, Dennis Delano has continued to collect his salary. About $41, 297 has been paid to Delano in that time. Since dedicating himself to his Republican candidacy, Delano has pocketed an additional $26,000, all of which comes at the expense of taxpayers. Channel 7 also noted that Delano has purposefully prolonged his suspension, delaying the hearing into his alleged misconduct until after the election.
"Talk about the sweet life, the guy is getting paid to campaign. Long Islander Dean Skelos has lined his pockets and taxpayers are footing his bills," said Calhoun. "No wonder this guy can't find the time to talk to voters, he's too busy finding ways to skirt the law. As it turns out ignorance is bliss, and profitable!"
It appears to me that Delano is breaking the law (ironic, isn't it?) just by running for state senate.
But this raises other questions: Would Delano still take his police salary (while on suspension or not) if elected to the New York State Senate? I'm sure he would. That shouldn't sit well with the taxpayers.
It looks like Delano didn't have to talk to us after all about the issues. With his silence, we have still been able to find out interesting and necessary information about him that people should know.
58th District: William T. Stachowski. For years, William T. Stachowski has been a senator with a public profile that verged on invisibility. A Democrat in the Republicancontrolled Senate, Stachowski had what appeared to be a safe seat and not a lot to do in a Legislature that muzzles members of the minority party.
But Stachowski has been energized this year by the prospect of a potential Democratic takeover of the Senate and by surprisingly strong opposition from Dennis A. Delano.
Although he has led in the polls, Delano is coasting only on name recognition and his reputation as the cop who helped free Anthony Capozzi from 25 years of wrongful imprisonment. He has said virtually nothing substantive about what he would seek to accomplish as a state senator, and has avoided discussion of issues. Voters deserve better.
Buffalo Police detective Dennis Delano was suspended from the force in February. He was accused of handing out unauthorized, highly sensitive evidence in the Lynn Dejac murder case. According to police, it was crime scene video and the polygraph exam of a suspect. "There saying on thing. I'm saying another. I deny em", said Delano back in February.
Delano was suspended with pay. It's been 8 months without a hearing. Eyewitness News has learned that a hearing has been scheduled for January.
Sources also tell Eyewitness News that a deal was in the works, but there was a hitch. We're told the Delano camp wanted the words "no wrong doing" included in the resolution, but police commissioner H. McCarthy Gipson would not do it.
It is nearly a year later. Since then, Delano has announced he is running for state senate, and has had plenty of free time, with pay, to do it. Using 2007 numbers Delano's base pay was $61,946. Since he's been suspended, just after March, Delano has made about $41, 297.
He announced his candidacy at the end of May. Starting in June, tax payers have funded a salary of about $25,810 for Delano while on suspension. During that time he ran for office.
Neither Delano or the Buffalo Police department would comment about the delay, but his opponent in the upcoming election, State Senator Bill Stachowski is wondering why it's taking so long. "I have no idea why he wouldn't want to get it over with sooner, which if he is in-fact innocent or do anything wrong then you would think he would want to get it over quicker and get it out of the way." said Stachowski.
Delano has done very little with the media, and has not participated in any public debates. After granting an interview with Eyewitness News, his campaign manager called later to cancel. They also would not comment on anything.
Political analyst Bob Davis says it's strategy. Delano is doing well in the polls as a republican in a heavy democratic district. "It's like the Jimmy Carter strategy back in the 1970's, where it's Rose Garden strategy. You don't want to make a mistake with 8 days to go." said Davis.
Delano is running a completely idea and issue free campaign. He won't debate and won't talk to anyone about anything. And now we learn that after being suspended from the BPD in February, there won't actually be a hearing until after the election.
The whole thing sounds sketchy as hell to me.
UPDATE: In the comments, Robert adds some context.
He didn't just hand these things out, as Channel 7 indicates. He gave these things to the media (at least one local station, if I'm not mistaken, received crime scene video). So it's not like he was just passing them out to the families of the accused or something. He was going right to the press with it.
There are more mentions of law enforcement than legislation. Delano has a list of missing children on his website. Even his campaign logo resembles a police badge. A few people have asked if Delano is running on his fame, then what is Joe Mesi running on? Mesi is a different case. Mesi is running an issues-based campaign. When you go to Mesi's website, three issues hit you in the face: Jobs, environment and reform. When you visit Delano's, apparently there has been no news out of his campaign for two weeks (the last story came on Oct. 12) and there are a number of law enforcement-related items, including a picture of Delano with two of the people who benefited from Delano's hard police work: Lynn DeJac and Anthony Capozzi.
While Delano is trying real hard to play the career politician card, he could actually show that there are signs of intelligent life in his campaign. He might not want to talk about issues, but his constituents want to know what he's going to do to help cut their taxes, lower their health care costs and help create jobs. Bill Stachowski can answer those questions. Delano can't.
Lastly, while Delano isn't telling us where he stands on the issues, he is fighting crime. From his campaign website:
ALERT.... Please be aware that my opponent has people out there stealing our lawn signs from just about every part of the district, if you see anyone tampering with our signs please call 911 and report it after getting a plate number. We will press charges. Thank's for all of the help and support! Den Delano
First off, as a cop, Delano should know that accusing someone of a crime without proof or evidence is a no-no. Pointing the finger at Stachowski is bold. How does he know it isn't some kids just taking the signs? Saying it's your opponent without proof is wrong. A police officer should know that.
Stay tuned for more on Delano's non-issue campaign.
Sen. Bill Stachowski is in a reelection fight against Republican cold case cop Dennis Delano. Stachowski received a hand in his efforts today as Responsible New York has unveiled a TV ad on his behalf:
Responsible New York has played a key role in this fight for the New York State Senate and lending a hand to Stachowski is key. Keeping Stachowski in Albany is crucial and the efforts down the stretch will be important to make sure he returns in January.
According to the GOP spinmeisters, all influence by anyone south of Westchester is bad...if you are a Democrat. The upstate GOP rolls out this yarn every cycle against any and all Dem challengers to the same tired gang of yes men that have lorded over the economic devastation of the region for decades. "You can't vote for them because they are in the pocket of those downstaters fron NYC and Long Island." They don't "share our values" and all. The Senate GOP loves to bash NYC and its money, but they have no qualms whatsoever raising their own money there. I'm sure we all remember where Joe Bruno was the day after he lost the seat in SD-48 -- picking up a $500K check from a NYC Billionaire.
But they sing a rather different tune about their own. Case in point, one Dennis Delano who is challenging incumbent Dem Bill Stachowski in the 58th. Delano is essentially being entirely funded by Dean Skelos' Senate Campaign Committee and by fat cats from NYC and long Island. Better than 90% of the money in his coffers comes from south of Westchester and it's coming in rather large chunks from folks who are quite obviously skirting our ridiculously lame campaign finance laws, the same laws that the Senate GOP has been viciously defending for years. As many of us have been saying for a long time, there's a reason that they have blocked any meaningful reform of those laws -- namely that large mostly unregulated contributions by individuals with vested interests in the output of state government is the only way they have a chance at holding on to their doomed majority in the Senate.
On Saturday, Stachowski accused Delano of relying on New York City and Long Island interests for 90 percent of his contributions.
"Delano is more beholden to Long Island and NYC interests than virtually any other candidate for office this year," Stachowski said in a statement.
His campaign provided an analysis suggesting donations from Delano's 144 contributors average $3,022, more than three times the $961 average for Stachowski's supporters.
Stachowski also singled out a Delano downstate donor - he identified him as Leonard Litwin, one of Forbes Magazine's 400 richest people - who gave a total of $28,500 through several sources.
"Supersized donations to Delano and the GOP are a great big thank-you for their willingness to carry the water for Long Island and Wall Street," Stachowski said.
Delano responds by admitting his campaign is being funded by downstate fat cats, but excuses this because, oh I don't know, IOKIYAR or something.
Delano acknowledged the large number of contributions from downstate but said they were necessary given Stachowski's fundraising advantages as an incumbent.
That's a pretty lame defense from someone who claims to be all McMavericky and an "anti-politician" and all. This is a man who has refused any and all debates because that's what "politicians do" and "I'm not a politician."
Debates are a crucial part of the electoral process. Presidential candidates engage in debates. Gubernatorial candidates engage in debates. Candidates for House and Senate seats debate, as do candidates for local and state races.
Republican Dennis Delano believes that he can run his own style of campaign by not debating, according to today's Buffalo News:
Republican State Senate candidate Dennis A. Delano is guaranteed not to lose any debates this election season - which happens when you refuse to square off against your opponent.
Newspaper endorsements might prove hard to snare, too, since he has declined invitations to appear before at least one editorial board.
Ditto for community forums.
Indeed, the former Buffalo police detective makes it quite clear he will run his campaign his own way.
"That's the way politicians have been doing things for years," he said. "I don't have time to do things traditionally."
Delano will not meet his Democratic opponent, incumbent William T. Stachowski of Lake View, in any debate or public forum this election season because he says he doesn't believe in them.
"Debates are what career politicians do, and I'm not a career politician," Delano said.
The paper also says that Delano has not responded to invites to meet with the paper's editorial board for its endorsement. Delano says that's not important to him.
So what is important to Dennis Delano? If debates are "what career politicians do", then what does Delano do? If elected, will we never see him in person because that's "what career politicians do?" It sure sounds that way.
Make no mistake, this is the GOP strategy at the state and national level this year. They play games with debates because they want to avoid talking real issues. In Delano's case, he is running on his police record and only his police record. Anybody can throw out broad terms like cutting taxes and fixing Albany, but people want to know how you are going to do all of this. If you can't face a crowd in a debate and tell them what you are going to do if elected, you shouldn't be elected at all.
Delano is running against Sen. Bill Stachowski, who many media outlets believe is in danger of losing this seat to Delano. If he was before, I can't imagine he is now. Delano should be debating. If he isn't, that means he's got something to hide. I don't think people want to elect someone who doesn't know what they are talking about. Maybe that's what the GOP is hiding here.
Republican SD-58 challenger Dennis Delano is simply refusing to debate Bill Stachowski at all. This is an odd position for a challenger to take, to say the least. Speculation is that he won't debate because he doesn't know all that much about state government or how it actually works and he doesn't want to look clueless in front of the very voters he's asking to send him to Albany. maybe he's just shy. I honestly don't know what his deal is.
That said, I'm also wondering just what the hell is up with the Buffalo News. The online version of their story about Delano's "I won't debate" story reads, "Delano skips debates and community forums." This seems an accurate headline given the content of the story:
Republican State Senate candidate Dennis A. Delano is guaranteed not to lose any debates this election season - which happens when you refuse to square off against your opponent.
Newspaper endorsements might prove hard to snare, too, since he has declined invitations to appear before at least one editorial board.
Ditto for community forums.
But the print version has a completely different headline. It reads, "Delano running on his own terms." I guess ducking the public at every turn and claiming to do so because he's the "anti-politician" could possibly warrant such a heading.
He also has not responded to invitations from The Buffalo News to discuss the issues with its Editorial Board in a process that leads to the newspaper's endorsement. He said the endorsement is "not as crucial to me as it is to other people."
"They would make me jump through hoops to make it seem fair and equal," he said. "But I have an instinct for things that says they've made a decision long before I go through the door. I have a plan, and with the response I'm getting, it's working."
It sounds like a load of crap to me and apparently the web editor agrees. The copy editor, on the other hand, apparently lapped up this drivel and ran with it. Regardless, it's the public that is getting screwed here, all McMavericky talk aside.
Laura McDade, Southtowns coordinator for the League of Women Voters of Buffalo Niagara, called Delano's stand a "shame" because events like the Hamburg community forum he declined to attend allow candidates to state their case and answer questions from voters.
And she says the league has sponsored a Hamburg event for more than 50 years because voters want to see their potential representatives in more than ads.
"They want to see them answer questions pertinent to the race and how they think on their feet," McDade said. "People deserve that chance."
Mark Poloncarz, Erie County Comptroller and President of The New Democrats of Western New York has passed this along in hopes of getting people out for a lit drop benefiting Sen. Bill Stachowski. We want to make sure Stachowski wins this seat and a group like the New Democrats of Western New York are going to make it happen.
Here are the details:
What: Literature Drop for Senator William Stachowski
When: Saturday, October 11 @ 9 am
Where: 2789 Union Road, Cheektowaga, New York
If you are interested in helping out, please e-mail the group at victory2008@newdemsofwny.com.
Let me just say that I have been to a New Democrats of Western New York meeting and this is a very strong and very passionate group. They believe in progressive Democratic causes and candidates and they also abide by grassroots principles. Everything is from the ground up, not the top down.
So if you can't help out on Saturday, consider joining the group and helping out down the stretch. There are plenty of races in Western New York that we need to focus on. Another New Democrats of WNY endorsed candidate, Alice Kryzan, is in a tough fight. We need to elect Democrats at all levels to better our state and better our country. Let's make sure we are helping these candidates all we can to get them elected so that we can have effective representation and a progressive agenda at all levels of government.
There is a lot of talk about the race in the 58th Senate District today on CapCon. (See here and here.) I found this rather comical because it's another case where the Republicans are trying to make it seem like there is a race when there really isn't one.
Sen. Bill Stachowski is the incumbent Democratic senator who is being challenged by Republican Dennis Delano, a cold case cop from Buffalo who gained notoriety for two local cases: Lynn DeJac and Anthony Capozzi. And if you think that he's not running on his fame gained from those races, just check out his campaign website.
All Delano has is his fame. If you look at his media page, it brings up the two cases that brought him to prominence but it mentions nothing about issues. He has his announcement video up there, but nothing about where he stands on the issues or what he supports. In fact, the only things I could find on his website about New York State issues include a letter he wrote to Dean Skelos urging him to pass the property tax cap and a press release saying that Delano is running to get to the bottom of the mess in Albany.
In other words, Delano is the Barbara Donno of Western New York. A candidate with something (Donno has money, Delano has fame) that the Republicans need to bring their candidate to the forefront and make them appear to be competitive when they really aren't. The truth is that Bill Stachowski is backed by four parties: Democratic, Conservative and Working Families. Stachowski is in a safe Democratic seat. There are 109,577 Democrats in the district compared to only 45,281 Republicans. With 202,378 registered voters in the district, Democrats account for more than half of the registered voters.
This race isn't competitive. Stachowski has the incumbent advantage and enrollment advantage.
Besides, probably the most famous Republican locally, former Buffalo Bills quarterback Jim Kelly, has backed Stachowski. Kelly isn't new to politics. In 2006, he made calls on behalf of Rep. Tom Reynolds to numerous voters throughout the district. Kelly passing over someone in his own party to back Stachowski won't be the only time a Republican backs Stachowski.
This one is in the bag for Stachowski. If the Republicans want to keep giving Delano money, that's fine. He is going to lose, but that means they are blowing their money on another race they cannot win.
This move is unprecedented and will undoubtedly lead to a protracted legal battle between the Senate GOP and the executive chamber, which means even more taxpayer dollars will be expended on this probe than have already been spent to date.
The committee also voted itself the power to issue subpoenas to "any other person relative to our quest for legislative insight," and for any documents it sees fit to seek.
Liz quotes Democratic State Senator Bill Stachowski as saying:
"This is just getting crazy," Stachowski said. "To imply (Felton or State Police counsel Glenn Valle, who testified today) came here and lied is way beyond anything I thought you guys would ever do."
I guess Senator Stachowski had much more faith in these people and this process than anyone rightly should have.
