This is what Precious wrote in the introductory paragraphs of his piece today:
Since the beginning of New York State's government in 1777, only once - a fluke political year in 1965 - have all statewide officeholders and the two leaders of the Legislature been residents of downstate.
Now, with the selection last week of a Republican legislator from Long Island as the new Senate majority leader, upstate is shut out of any state leadership post for the second time in state history.
While Joe Bruno hails from the Capitol Region, I can't say that his representation was positive for all of upstate. He stymied policies that were beneficial for upstate and he also doled out pork for his home district, taking advantage of his status as majority leader. So when people say that Bruno's retirement was a loss for upstate, they are wrong. Money wise, it was a loss for his district.
I don't care whether or not Dean Skelos is the majority leader because his stay as the top man in the Senate will be done come November (officially January). But then I think of who will replace Skelos: Sen. Malcolm Smith, once the Democrats take back the Senate, will be majority leader. He is from New York City, meaning the downstate domination of statewide seats will still be in place.
The difference has to be this: The Democrats must take the lead in creating strong legislation addressing the economic concerns of upstate and formulating property tax reform. If they do this, considering the Democratic majority in the Assembly is New York City-based and the Senate has a similar mix, the Democrats will win over people in upstate - Democrats and Republicans alike.
I once was being told of the upstate/downstate divide in this state and I told the individual I was talking to that it's not a upstate/downstate divide but rather an urban/rural divide. Even when Eliot Spitzer was governor and was doing a lot to address upstate concerns, he would make trips to Buffalo, Rochester and Syracuse. That was his way of saying he was addressing upstate.
That is what we need to understand in this state. I am not worried about an upstate/downstate divide as much as I am an urban/rural divide. It seems rural concerns get lost in the shuffle and that should not be. The Democrats, once in power beginning in January, could really win over many in rural areas by creating a balanced policy in this state that benefits all parts of New York. Then we can get past this upstate/downstate rhetoric and become something truly exciting.
(We all make mistakes, right? Yesterday I wrote about the accomplishments of the Legislature and failed to include the subprime mortgage crisis agreement that Governor Paterson and leaders came to last week. The reason was simple: The press release (which was still unopened in my e-mail archives) was sent on June 19 - the day my father went into the hospital with a heart attack. Someone asked me "how did you miss this?" The answer is a simple one. Sometimes life interferes with news items. And if I have to pick between life and blogging, I'll take life 100 times out of 100. I apologize for the omission and the error in yesterday's post.)
Governor David Paterson and New York State Legislature leaders reached an agreement on legislation that would address the subprime mortgage crisis and the foreclosure crisis.
The agreement was outlined in a press release sent last week by the Governor's office:
Assist People Currently Facing Foreclosure
The immediate focus of the bill is on existing homeowners facing foreclosure:
- The bill requires lenders to send a pre-foreclosure notice to borrowers at least 90 days before foreclosure proceedings may be initiated. This will encourage homeowners to seek help prior to the initiation of foreclosure proceedings. The bill would also require lenders to list in the notice government approved housing counselors serving the borrower's area.
- The bill establishes a mandatory settlement conference for foreclosure proceedings involving homeowners with certain subprime loans. For homeowners who cannot afford an attorney, the court under certain circumstances, may appoint one.
- The bill requires plaintiffs in an action against a homeowner to make an affirmative allegation that they have standing to bring the foreclosure action and have complied with certain applicable laws. Ownership of the mortgage and the note is sometimes uncertain, which has lead to questionable foreclosure practices.
- The bill includes provisions to address foreclosure rescue scams intended to take advantage of borrowers when they are most vulnerable. This bill will prohibit upfront fees and require a written contract from so-called "distressed property consultants."
Avoid Another Crisis In The Future
There are additional elements in the bill that are designed to prevent future crises:
- The bill enacts a new provision in the Banking Law to establish strong consumer protections for subprime loans and minimum underwriting standards that protect borrowers.
- Ascertaining the borrower's ability to pay is a basic tenet of prudent lending. The bill establishes an ability to pay standard requiring lenders to make a reasonable and good faith determination of the borrower's ability to repay the loan, including the principal, interest, taxes, insurance, assessments, points and fees.
- The duty of care feature of the bill requires brokers to act in the borrower's interest by presenting loans most appropriate for the borrower.
- All mortgage servicers servicing loans on residential property in New York would be required to register with the Banking Department.
- Mortgage fraud would be classified as a crime under the Penal Law, making it easier for prosecutors to pursue cases. As the magnitude of the fraud increases, so would the criminal penalty.
This is an important agreement because the subprime mortgage crisis has taken its toll in New York. According to the Governor's press release, one out of 200 homes in New York is being foreclosed on. Do the math and that's a lot of homes and a lot of families being impacted by this crisis. This agreement will hopefully bring an end to this trend and give consumers a chance.
The Buffalo News' Tom Precious wrote an article today discussing the New York State Legislature and what this session brought with it. When we entered the session, the "three men in a room" consisted of Governor Eliot Spitzer, Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph Bruno. Now, the governor is Governor David Paterson and Sen. Dean Skelos is the new majority leader.
But Precious also focused on legislation and what the state Legislature addressed and did not address in this session. Here is the list compiled by Precious:
State Legislature scorecard
Measures done Tuesday:
•Weaken powers of Buffalo and Erie County control boards
•Tougher rules for teenage drivers
•Encourage cleanup of polluted brownfield sites
•Expand domestic violence orders of protection to dating couples
•New binding arbitration and union dues guarantees
•Quadrupling mortgage and other local government recording fees
Measures not done Tuesday:
•Tax cap on property taxes
•Collecting taxes on Native American tobacco sales
•Permit low-finance borrowing for stalled not-for-profit developments
•Make it easier for non-union firms to bid on public construction projects
•Campaign finance reform
•State gasoline tax relief
•Permitting cameras in high-volume intersections in Buffalo
Subprime mortgage crisis legislation was also not addressed and its omission from both lists is telling. The property tax cap is obviously the biggest issue not addressed, along with campaign finance reform.
A lot of the issues the Legislature did address are "secondary" issues you might say. They are important, but they aren't tough, hot-button issues like campaign finance reform, subprime mortgage crisis legislation and a property tax cap.
In the last days of the session, it would appear that the Legislature didn't get anything accomplished. We still have a flawed property tax system, a flawed campaign finance system and a subprime mortgage crisis.
And we still have a flawed Legislature. Imagine that...
Coming days before the Suozzi Commission unveils its own property tax proposal - expected to include a cap on the rate of growth of local property taxes - the groups will propose an alternative plan that would cut property taxes for the middle class and seniors. The plan would be financed by a partial repeal of the Pataki income tax cuts for the wealthiest 1% of New Yorkers.
The proposal, known as an enhanced "circuit breaker" will reduce the property tax burden for working families and seniors without undermining vital public services; the plan would also apply to renters - in effect providing a tax credit for tenants throughout the state.
The press conference is at noon today in the LCA Room. Should be an interesting and strong proposal.
Not only are New York judges suing the state because they have not received a raise (they only make $136,700 per year), but some judges are going one step further and recusing themselves from cases that involve law firms affiliated with New York State legislators.
Judges across the state are engaged in a "rule-book slowdown" and refusing to hear cases involving firms that employ members of the Assembly and Senate, The Post has learned.
The protest follows years of lobbying for a pay raise, which has gotten the state's 1,300 judges nothing but broken promises and a wage that, when adjusted for cost of living, ranks 49th in the nation.
And the angriest jurists are trying to expand the effort by recruiting recalcitrant colleagues in closed-door meetings and e-mails sent across the state.
With titles like "How to Get Our Salary Adjustment," the e-mails have included a "blacklist" - obtained by The Post - naming 50 state legislators who are registered as attorneys and the firms where they are employed.
Banding together to tie up cases from lawmakers' firms was also discussed at an April 8 meeting of New York City judges at Enzo's Restaurant in The Bronx, one judge told The Post. There was no resolution on the plan that day, the source said.
I have repeated my position on this, but I must say, I do not think these judges that are engaging in this behavior are helping their cause. I also don't think that calling Shelly Silver a "slug" (see New York Post graphic) also helps your cause. It is one thing to sue, it is another to try and avoid cases and then call certain legislators names.
The judges are comparing their pay to other states' judges. That's fine, but few states have the economic and financial woes we do. When Governor David Paterson is asking state agencies to sacrifice, the judges seem to be ignoring that, thinking that they are above all other agencies and state employees.
The Survey of Judicial Salaries shows that while New York judges are not the highest paid judges in the country, they aren't doing too bad for themselves. Yes, they haven't received a raise for some time, but they still are in the middle of the road among judges throughout the country.
Newsday has an interesting piece in today's edition about Albany's culture and why there are so many sex scandals and poor behavior.
There are the booze-fueled fund-raisers and the attractive aides, the six-months-long, intense legislative session and the second homes stumbling distance from the bars -- all of it conveniently far from home.
New York's capital may look buttoned-down, but former legislative aides and lawmakers say Albany provides an accommodating culture for marital infidelities like those acknowledged by Gov. David A. Paterson on Monday.
...
For many years, there was a rule among New York City area lawmakers called the Bear Mountain Compact: personal transgressions north of the upstate mountain don't get talked about south of it. At least not on the record. "Of course you hear the rumors," said one state legislator who spoke on condition of anonymity. "And you do everything you can to avoid becoming part of them."
In the article, blame is put on the "long legislative calendar" and how it promotes such infidelity because lawmakers usually rent apartments and the culture in Albany doesn't help either.
While I hate to take the moral high ground, I think it speaks to the characters of senators like Darrel Aubertine and Craig Johnson when it was said that they are members of the "Morality Caucus" which is basically a pledge they make with their wives to be home at a decent hour. I think all (married) legislators should engage in such a pact. Of course, they would have to keep their promise, which is a whole other story.
This issue shouldn't go away and won't go away, especially if I have anything to say about it. This is how it all started:
For those of you in New York's 20th Senate District, that would be your state senator, Eric Adams, making a fool out of himself. I contacted Adams via e-mail immediately after viewing this video in December. I've yet to receive a response.
But an article in yesterday's New York Times gives us a more clearer picture of what these legislators are making now, and what they hope to make in the (near) future.
But an examination of state records shows that most make considerably more than their base salary. With extra pay for chairmanships and other posts, they earn just over $90,000, on average, for what is widely considered a part-time job; the Legislature is in regular session for 63 days a year.
And more than a third earn more from outside employment, often as lawyers in their hometowns, but they are not required to disclose how much or from what clients.
The lawmakers also have enviable health insurance and pension plans. They get $154 per diem when they travel to Albany. Some also spend from their campaign accounts on meals and other expenses.
It shouldn't be a huge secret that they get benefits galore. The $154 per diem when they have to report to Albany is very generous, considering they already make a base salary of $79,500 plus the bonuses.
So we live in tough times. The deficit is just a small part of it. The overall economy, the tax situation in this state at the local and state level as well as the troubles of upstate are at the top of the list.
But instead of our legislators sacrificing, they are asking us to break them off some more.
In what looks suspiciously like an attempt to pacify a rambunctious Legislature, Gov. Eliot L. Spitzer is reportedly ready to agree to pay raises for its members, even though they are already among the country's most highly paid state lawmakers and they have done virtually nothing to merit an increase.
It's a bad move for Spitzer. He may win a little love from the Legislature, but he risks further distancing himself from the source of his power: New York voters, who are already suspicious of the governor's priorities and who overwhelmingly oppose giving lawmakers a raise.
Lawmakers can make two claims for increased pay, neither of them persuasive. First is that they haven't had a raise since 1999, but that's the argument that takes no account of performance. They already earn a base pay of $79,500 a year, third highest in the country, trailing only Michigan and California. What is more, many lawmakers earn about $100,000 or more when stipends for leadership positions or committee posts are added. This is for a part-time job.
The key words: part-time job. Plus, they are the third highest paid state legislators in the country. $79,500 is quite a sum of money to pay for part-time legislators and the raise they could receive might be huge - possibly putting their salary near $100,000.
Here's more from the editorial:
As to the internal changes, both legislative leaders still control what gets voted on and, therefore, what will pass. Both limit the power of committees and rank-andfile members to introduce new ideas into the Legislature. Both remain committed to gerrymandering political districts to diminish the prospects of serious electoral opposition.
Spitzer has only just begun to recoup the public standing he squandered last year. Support of a raise for lawmakers could quickly undermine that recovery. The Siena New York Poll for December showed that voters oppose a pay raise for legislators by a margin of 67 percent to 28 percent. That's because voters, the victims of the Legislature's dysfunctions, know where the bodies are buried. The governor should try not to be one of them.
With odds like that, the governor should not be on board with this. Keep in mind that this is not a formality, but it won't be easy for Spitzer to say yes or no to pay raises. If he says yes, he has the voters (and taxpayers) of New York to answer to, and the polls suggest that most of them would oppose such a pay raise. If he says no, all he has to do is put up with a bunch of overpaid, part-time state legislators.
I posted my letter to Governor Eliot Spitzer regarding possible pay raises for the New York State Legislature. After I had posted that, I found out how the Western New York delegation would vote for (or against) a pay raise.
Here's a breakdown of the local delegation: Among State Senators, Democrat William Stachowski said he would vote no. Antoine Thompson said he didn't want to comment until he saw legislation. Republicans Dale Volker, Mary Lou Rath and George Maziarz all said they would vote against a pay hike.
Among members of the State Assembly: Democrats Francine DelMonte, Robin Schimminger, Dennis Gabryszak, and Mark Schroeder said they would not support a pay raise. Republicans Mike Cole, Jack Quinn and Jim Hayes also say they're opposed to a pay hike. We did not hear back from Democrats Crystal Peoples or Sam Hoyt.
The worst explanation for his or her no vote came from Republican Assemblyman Mike Cole:
"It's something the downstate delegation has been clamoring for," said Republican Assemblyman Mike Cole. "I don't even know how you can even consider it when the state is facing the budget mess we're in." Cole said if someone got into this kind of work for the money, they picked the wrong profession. "You knew what the salary was when you ran for the position. You do it because you love the community, to make a difference, not to get rich."
But I do agree with Cole's other words. They should be doing this for the community. The people of New York aren't shareholders in our politicians. We don't increase our investment in you just because you think you're doing a good job. We are voters, taxpayers and concerned citizens. And I think I speak for a lot of people when I say that a tax increase would be ludicrous, especially after all the talk of improving our economy over the last couple of weeks.
(Note: I sent this to Gov. Spitzer's office via e-mail.)
Gov. Spitzer,
I'm writing to you to express my opposition to any pay raises that would be granted to members of the New York State Legislature.
According to published reports, you may send a pay hike bill to the Legislature for a vote next month. I'm pleading with you not to follow through with this.
As a Democrat, I have supported you for the last year. When many of my fellow New Yorkers claimed that you were advocating driver's licenses for illegal immigrants, I was writing on The Albany Project and in my weekly column for The Journal-Register that such mischaracterizations were wrong. I voted for you in November 2006 and thought that your first year in office, contrary to public opinion, was a strong one.
As a resident of upstate, I was also encouraged when you took the initiative to give the first State of Upstate Address at Buffalo State College. I was in attendance that day, Mr. Spitzer, and I found your Upstate Revitalization Plan to be the key to unlocking the potential here in upstate New York.
But raises for our legislators I cannot support. Maybe it's the rumored size of the pay raises (The Buffalo News reported that it could be in the double-digit range, making up for the cost of living since their last pay raise) or maybe it's the economic condition upstate is in.
As a working class citizen and a college student who will graduate in May with my degree in political science, I also found the words of Senator Eric Adams very offensive. He wondered to his colleagues on the Senate floor, "I don't know how some of you are making it." He also made his case by saying, "Show me the money."
Mr. Spitzer, this isn't the movies. This is not "Jerry Maguire." This is New York. We are having tough times in upstate New York. The county I live in (Orleans County) has a per capita income in the mid-$20,000 range. And Mr. Adams and the rest of his colleagues serving the people of New York in Albany are asking for a raise?
As an avid supporter of yours Mr. Spitzer, I would have to respectfully say to the Legislature that they must sacrifice first. We need to improve the New York economy, lower taxes and improve upstate before it mirrors Appalachia.
Mr. Spitzer, please do not support pay raises for state legislators. Ask them instead to sacrifice. Ask them to think about the sacrifices the people of New York would have to make in order to pay their salaries.
I will be discussing the possibility of pay raises for our esteemed legislators in Albany tomorrow at 12 PM on my radio show, Open To The Public Radio.
Feel free to e-mail me your comments: robert.harding22@gmail.com. I will read them on the air (minus any profanity, it's a family show)!
Kudos to Phillip for posting that video with Eric Adams crying about the fact that he deserves a raise and that ALL of his fellow legislators deserve a raise.
First off, I don't know what dream world Mr. Adams is living but $79,500 is a nice chunk of change. In fact, the current salary of $79,500 is is over $37,000 more than our per capita personal income here in New York State. If you look at it county by county, the NYS legislators make three times as much as the per capita incomes in some (if not most) counties.
What Mr. Adams did here was make a mockery of every single HARDWORKING New Yorker, a distinction that, unfortunately, he cannot be awarded with.
(So true. Then again, I like sweet corn... - promoted by lipris)
As the New York State legislature wraps-up their 2007 session some interesting bills have come to light, like the bill to make sweet corn the official state vegetable and a bill that will help ticket scalpers. Clearly this is the kind of legislation that keeps New York State residents up at night asking existential questions like "what role does sweet corn play in my life?" or "how far from a stadium can I buy re-sold Yankees tickets?". Well I guess if you are involved in the racing industry that scalpers' bill is a big deal but what about the rest of us? What's in the state's legislative hopper?
Last week DMI Fellow Maureen Lane wrote about a sensible welfare policy bill that has the potential to help move people out of poverty. So far it hasn't been introduced by the State Senate. DMI Fellow Mark Winston Griffith blogged about model anti-predatory lending legislation that New Yorkers for Responsible Lending is working to call attention to. The city is now waiting to see if the legislature will approve Mayor Bloomberg's PlaNYC 2030 including its congestion pricing proposals. The Working Families Party has been doing amazing work around the Working Families Time to Care Act which is their legislative priority this year. And as always, The Albany Project has been doing an incredible job keeping track of the legislative goings-ons.
Yet at the end of the day while the legislature is wrestling with the question of who gets to make a whole bunch of money selling tickets there really are serious problems that need to be addressed by the state government. Some of the issues New York is struggling to handle -- subsidy reform, what to do with criminals when they are released from prison, providing universal access to preschool and the skyrocketing cost of prescription drugs -- are real challenges but they aren't insurmountable. In fact four localities around the country did tackle these battles with great success. Want to know more?
Now I know it's a cliche that the state legislature "doesn't do anything" and that's not even my point here. Simply that as they go about the business of the state not all issues are equally urgent and a lot of other parts in the country have implemented policies that New York can learn a lot from. Is that too much to ask? But in the meantime, "Gentlemen, behold! Corn!"
Well I guess if you are involved in the racing industry that scalpers' bill is a big deal but what about the rest of us? What's in the state's legislative hopper?
