Go back in time to early 2007. Alan Hevesi was re-elected as comptroller, but wasn't about to serve out that term. That is when chaos ensued and Assemblyman Tom DiNapoli was picked by his colleagues to become the next comptroller.
Who considered DiNapoli unqualified for the post and railed against the appointment? None other than the governor at the time, Eliot Spitzer.
Spitzer has in recent weeks had discussions with some Democratic donors and insiders about the position currently held by Tom DiNapoli.
DiNapoli, a former assemblyman from Long Island, was appointed comptroller in 2007 after his predecessor, Alan Hevesi, pleaded guilty to using state workers as chauffeurs for his wife.
A Democrat who spoke with Spitzer said, "He's seriously thinking about it."
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It's unclear whether a Spitzer candidacy would rely on a Democratic donor base, or if the former governor -- whose family is wealthy -- is thinking of pouring his own dough into a campaign.
It is also unclear if he would challenge DiNapoli in a primary, or if he's considering running as an independent.
But Spitzer has privately made clear for several months that he sees DiNapoli as vulnerable -- a view shared by many Democrats.
DiNapoli is vulnerable. His poll numbers aren't very good and with the right primary opponent (or even a general election foe), he will lose.
It would also give Spitzer the ultimate payback. Spitzer was dealt a blow early in his administration when DiNapoli was picked to become comptroller by the Assembly, a body that DiNapoli once served in and made plenty of friends in. So his appointment came as no surprise. His friends voted for him and Spitzer lost. Spitzer believed then what he still believes now: DiNapoli is unqualified for the job.
Spitzer comes with some upside. He has the name recognition (DiNapoli doesn't), the money (DiNapoli wouldn't have nearly as much as Spitzer would) and the knowledge (DiNapoli has done alright in his role, but Spitzer would be a much better comptroller) needed for the post. The downside is obvious: He is a man who has a scandal that is nearly two years old. It was a scandal that you could argue contributed to more dysfunction in a state that doesn't need anymore.
But the possibility of Spitzer being on the ticket is certainly intriguing. Especially if Andrew Cuomo decides to run for governor. That would create a super ticket for Democrats in 2010 and ensure that this blue state remains as such come January 2011.
Statement From State Comptroller Thomas P. DiNapoli
on Paying State Senators
Shortly after the Senate leadership controversy arose, I directed my staff to stop processing any Senate vouchers, including those for Senators' travel. To date, we are holding more than 250 vouchers, totaling $560,000.
The question of withholding Senators' pay has raised complicated legal and constitutional issues. My staff has been meeting with Governor Paterson's staff to resolve those issues. These discussions are ongoing.
Out of respect for the separation of powers, I have strived to avoid inserting my office into what is essentially an internal matter within a separate branch of government. But the deadlock in the Senate is undermining the ability of state government to function. Taxpayers are paying a very high price. The stalemate is costing taxpayers across the state millions of dollars a day.
As the state's fiscal officer, I have a responsibility to taxpayers to safeguard their interests. These are difficult fiscal times. The state needs leadership and action.
I have instructed my staff to initiate the process to hold Senators' pay. I have also filed suit in Supreme Court seeking declaratory judgment to clarify the Constitutional and statutory obligations surrounding this matter.
Every elected official has a duty to serve the people of this great state. I urge Senators to resolve their differences now. The people of New York deserve no less.
Mayhaps this will bring them around, as money is one thing that Clay Davis Pedro Espada understands.
CONTRIBUTIONS: $60,929.40
MISC. RECEIPTS: $10,766.20
TOTAL RECEIPTS: $71,695.60
TOTAL EXPENSES: $123,524.29
CASH ON HAND: $103,171.31
DiNapoli instituted a self-imposed $10,000 limit on contributions. However, there are two $10,000 contributions from the New York State United Teachers union. Depending on how you look at it, it could be a violation of that self-imposed limit. If you say $10,000 per contribution, then NYSUT giving two $10,000 contributions abides by DiNapoli's self-imposed limit. However, if you say $10,000 per contributor, that is a different story.
Easy-to-use online search tools identify spending for 113 State agencies and public authorities and display more than 60,000 State contracts. These tools will help you find out how much state government spends on everything from travel and employees' salaries to telephones and consultants. You can also search State contracts in real time to see who is doing business with the State.
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Most importantly, we're trying to increase transparency and "open the books" on state government so New Yorkers will have a better understanding of how state government works.
Here is the introductory video you can watch on Open Book New York.
Readers of this blog know that most of us here, myself included, were not big fans of the way Tom DiNapoli was selected for comptroller, nor were we fans of his initial, err... lack of knowledge on anything related to economics.
However, after over a year in office, I am personally willing to eat some crow and admit that DiNapoli has been doing some very good things.
*The committee will not accept contributions totaling more than $10,000 per contributor per election. This limitation applies to contributions made directly by the contributor and to each contributor's share of any contributions attributed from a partnership or limited liability company ("LLC") account.
The committee will not accept contributions totaling more than $5,000 per calendar year from a corporation, in accordance with the New York Election Law.
*The committee will not accept contributions from employees of the Office of State Comptroller and the committee will not accept contributions from any contributor that has responded to an RFP for investment or legal business with the New York State Common Retirement Fund (from the date the RFP is issued through the ninetieth day after the initial contract is signed).
*The committee will also not accept contributions from any contributor acting as a placement agent in an investment transaction or acted as a placement agent in an investment transaction that closed with the Fund in the preceding twelve months.
So I guess the lesson here is that even if a politician makes a bad first impression to the blogosphere, if they do a good job, we will give them their due.
One of the targets of Attorney General Andrew Cuomo and Comptroller Tom DiNapoli has been private lawyers and law firms that represent public schools and municipalities and then sign on with the state pension system.
The lawsuit will likely be filed later this week in state Supreme Court in Albany County and will seek restraining orders against Cuomo and DiNapoli, said lawyer James Roemer, who specializes in public sector employment issues.
While he wouldn't immediately divulge details of his legal strategy or name the initial plaintiffs, Roemer said he's representing four individuals from Long Island who have lost pension credits during the past few weeks.
Roemer said he believes thousands of lawyers could potentially join the suit, given the many private attorneys who work for government entities, including towns and villages, school boards and utility districts, and who have enrolled in the state pension system. Cuomo and DiNapoli say lawyers in private practice generally shouldn't get public pensions.
Why would Roemer care so much about this?
But Roemer, 63, who himself draws a six-figure pension for his work for a number of Capital Region municipalities, contends that the pensions are justified.
"For 70 years plus, this has been authorized," Roemer said, explaining that no one from the comptroller or other office had questioned the practice until now.
Cuomo and DiNapoli are doing the right thing. If a municipality or school district wants to hire a lawyer full-time, that lawyer should give up private practice and then declare him or herself as a public employee. But in these instances, we are seeing private sector lawyers asked to take care of a municipality's or school district's legal work and they contract it out to these lawyerrs. Thus, the lawyers aren't really full-time employees of said municipality or school district. They should not be receiving benefits.
And when the lawyer who is starting this lawsuit is himself a recipient of a large state pension because of his work with municipalities, you have to question the motive for this lawsuit.
Senate Minority Leader Malcolm Smith, Comptroller Thomas DiNapoli, and Attorney General Andrew Cuomo spoke at today's Reform Day event at the Sign of the Tree restaurant at the state plaza.The three spoke passionately about the need for reform, to restore trust in government, and said that they were personally in support of many of the issues that reform advocates want.
Smith said he was in support of public financing of campaigns (he's the sponsor of a Senate bill to create a public financing system) and said he's in support of redistricting reform, but that his conference isn't quite there yet. What's more, he doesn't have the votes to make it happen right now. But Smith did issue a warning to Senate Majority Joseph Bruno, that his time is over, "reform is on the way".
Something to keep an eye on during the elections, where this will certainly be campaign issue.
It will also be interesting to see what happens if there's a switch in the majority. It's certainly hard to give up the power to redistrict, the millions more in pork, the multiple staffers, and campaign fundraising advantages once you're the one getting them.
DiNapoli said he's in support of public fundraising, and joked, "I'd like to be the guinea pig for public campaign finance...I would love by the end of session for your bill to be enacted, it would make my life a lot easier," referencing that he's getting ribbed about the fact that he hasn't started fundraising yet.
Cuomo said he's in support of reform in government, including an independent Ethics Commission, an independent redistricting commission, change to the operating rules of the legislature recommended by the Brennan Center, and campaign finance reform.
But since he isn't a legislator, Cuomo can't enact any of these things himself.
You have to like what you hear from Cuomo. His actions show that he is a true believer in reforming Albany. The problem is that he is one man. One man with a lot of power, but one man who isn't a member of the Legislature.
That is why I was glad to see soon-to-be Majority Leader Smith at these events. It was also good to see DiNapoli, a former member of said Legislature, in attendance as well.
I look forward to hearing reports from those who attended today.
In a sobering assessment of the state budget proposal made last month by Gov. Eliot L. Spitzer, the comptroller took to task his fellow Democrat's plan. He said that it relies too much on borrowing and on overly optimistic ways to raise money, such as Spitzer's controversial proposal to tax drug dealers.
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Under the governor's plan, the level of state debt will rise to $67.3 billion, from the current $54.3 billion, over the next five years. That means the debt level for every person living in New York State will go from the current $2,800 to $3,500. That does not include tens of billions more in local government and public authority debt already outstanding.
DiNapoli said the additional borrowing by Albany over the next five years under Spitzer will rise "significantly higher" than in the previous five years. New debt will annually average $5.8 billion during the period, compared with $3.3 billion the previous five years, a 73 percent increase, DiNapoli warned. Moreover, while the debt will grow by $30.9 billion by 2013, the amount of old debt retired will total only $17.8 billion. The new debt will go for everything from new buildings at state universities to parks improvements and economic-development efforts.
DiNapoli issued a press release regarding the issues with the budget. In that press release, DiNapoli said: "We're facing very uncertain economic times," DiNapoli said. "If things continue to decline in the financial industry, New York will get hit even harder. The Governor made some difficult choices, but there will have to be more. We should only spend within the parameters of what the State can afford. When you spend more than you take in, something has got to give."
We've been hearing rumblings for the past few months that the number most often attached to the projected budget shortfall would most likely be larger when all was said and done, perhaps significantly so. Today, a week before Eliot Spitzer is to submit his budget plan to the legislature, state Comptroller Tom DiNapoli informs us that the $4.3 Billion dollar figure is indeed a "conservative estimate."
The potential state deficit may be worse that the $4.3 billion currently being projected by the Spitzer administration, the state's chief fiscal officer said today.
"$4.3 billion is a conservative estimate,'' Comptroller Thomas DiNapoli said in an interview on AM-1300 in Albany today. "The roller coaster of Wall Street is moving in the wrong direction.''
Gov. Eliot Spitzer is due to present his budget plan for the fiscal year that starts April 1 to the Legislature a week from Tuesday. His Budget Division placed the gap at $4.3 billion last fall, as tax revenues began to slip as Wall Street cooled. About 20 percent of state tax revenues are tied to the financial-services industry, by far the most volatile part of the state's financial picture.
DiNapoli wouldn't provide his own estimate, but said the state's fiscal position could deteriorate.
Spitzer has pledged not to raise state taxes, but the specter of a budget gap could mean less aid for local schools and governments, service and job cutbacks or borrowing that fiscal watchdogs say would just make the state's financial position worse in the long run.
Last year's budget battle was vicious. The governor even financed TV spots out of his own campaign fund to counter ads run by SEIU. And that all happened in a fiscal environment that, when compared with the numbers we are confronted with now, was a walk in the park. Add to this the election year dynamic and a GOP state Senate majority in an existential fight for its life, and you have a recipe for profound ugliness.
We all want more Democrats. Yes. But we should ALSO want BETTER Democrats. Those that stand in the way of that are no better than the corrupt William Jeffersons and Al Wynns they protect.
Kos was talking about bad Democrats in congress, but his statement is just as applicaple to our statehouse. Are you all listening??
It wasn't an apology, but Gov. Eliot Spitzer emphasized today that once Comptroller Thomas DiNapoli was appointed over his objections by the Legislature he chose to work with him.
He said DiNapoli, whose credentials he sharply questioned in January, has done a "superb" job.
"I have absolute confidence in him," Spitzer said in what may be the first shoulder-to-shoulder press conference with the former assemblyman from Nassau County.
Here's a piece of free advice, Governor: you were elected in a landslide (remember that?) because of your promises to change Albany. Your popularity is now suffering not only because of the drivers liscences plan, but because people do not see you changing the culture of incumbent protection of unqualified hacks. Like Tom DiNapoli.
Finally, some common sense here. Democratic State Senators Tom Duane and William Stachowski released a letter to Comptroller Tom DiNapoli today. In the letter they as the Comptroller to deny payment, as much as $500,000, to Bruno's pet partisan prosecutor, Joseph E. diGenova. From the emailed press release:
Senators Duane and Stachowski urge State Comptroller DiNapoli to deny payment for reported $500,000 contract in partisan Senate Investigations Committee probe
State Senators Tom Duane (D-Manhattan) and William Stachowski (D-Buffalo) today wrote a letter to Comptroller Thomas DiNapoli requesting that he refuse payment for the legal services of Joseph E. diGenova, a high-profile attorney hired by Senate Republicans to serve the GOP-led Investigations Committee in its partisan inquiry of the Governor's office.
Republican Senator George Winner, Chairman of the Senate Investigations Committee, announced diGenova's hiring yesterday without first notifying Democratic members of the committee. The Democrats only learned about the $500,000 six-month contract later through media reports. Under the alleged contract, diGenova could earn up to an estimated $21,000 per week.
Duane and Stachowski, who serve on the Investigations Committee, also requested that DiNapoli forward them a copy of the Senate Republicans' contract with diGenova so they could review its terms and conditions.
"Allegedly hiring a half-a-million-dollar-a-year Republican partisan lawyer on the taxpayer's dollar is completely unacceptable," said Duane, the committee's Ranking Democrat. "Talk about misuse of state resources -- here's a classic example. Rather than getting back to the people's business of tax relief and paid family leave, the Republican majority continues to waste taxpayer money and time pursuing their own political agenda."
Senator Eric Schneiderman (D-Manhattan), another member of the committee, said: "The Attorney General, Ethics Commission and the Albany County District Attorney either have or are investigating this matter. The Senate Republicans are proposing a ludicrous waste of taxpayer money to fund a partisan prosecutor. There is no rationale for this expenditure."
In their letter, the Democratic senators referred to Section 63 of the Legislative Law which authorizes the state's payment of a legislative committee's expenses only when "actual and necessary." With parallel investigations currently being conducted by the Ethics Commission and the Albany County District Attorney's Office -- in addition to an earlier inquiry by Attorney General Andrew Cuomo -- Senators Duane and Stachowski question whether diGenova's retainer meets this condition of "necessity." They also pointed out that they believed the Senate needed to approve the investigation by a vote of the full body.
"Not only is it insulting to ask that New Yorkers foot the outrageous bill for Mr. diGenova's contract, but we see absolutely nothing in the law that would authorize the state to pay for legal counsel in this matter," Stachowski said.
Did you know that the New York State Comptroller is the sole trustee of the state's pension fund? I had just assumed that there had to be a Board of Directors of some sort like one finds in, ya know, normal states, ones that are sane. There isn't. It's Tom DiNapoli. Period.
That's right. Mr. DiNapoli, a man who flunked a very basic economics quiz, a man who, when asked about the number of retiree beneficiaries of the fund, was off by a staggering 600,000, is now the sole trustee of a fund now pegged at over $154 BILLION dollars. Wrap your head around that one. Then ponder that Tom wants to keep it that way even though there are some rather serious questions about decisions made by his disgraced predecessor.
Gov. Eliot Spitzer said Monday that amid continuing investigations of the comptroller’s office, the state should consider ending the practice of having the comptroller act as sole trustee of the state’s $154.5 billion pension fund.
“The issue of having a single person as the sole trustee is an issue worth taking a hard look at,” Mr. Spitzer said in an interview, adding that he had not made up his own mind on the subject.
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New York is one of only a few states in which one person has ultimate responsibility for the pension fund. Other states, like California, have politically appointed boards that oversee pension dollars.
Maybe having one guy, a guy without much - how do I put this delicately? - actual experience in either management or finance, running the whole show without any oversight isn't such a great idea.
Of course, Mr. DiNapoli doesn't see it this way. He thinks the status quo is just fine. Hell, he even has a remedy and it's a doozy.
Many officials now are weighing whether additional safeguards against conflicts should be put in place. But the current comptroller, Thomas P. DiNapoli, said in an interview last month that he believed he should retain his role as sole overseer of the pension fund.
“As comptroller, the ultimate accountability is at the ballot box,” Mr. DiNapoli said. “If you have a board, that becomes a more diffuse level of responsibility.”
That's some chutzpah, don't ya think? A man who didn't receive a single vote outside of the legislature itself for the office he now holds, suggesting that the remedy for folks not so enthralled with his skills, or lack thereof, is the "ballot box".
Siena has released a new poll of New Yorkers about their attitudes on subjects ranging from Gay Marriage to how much they don't like Tom DiNapoli (or have the slightest clue who he is.) Apparently we oppose legislative pay raises, narrowly support the death penalty for cop killers and are split down the middle on the issue of extending full marriage equality to all New Yorkers. Oh, and contrary to what Uncle Joe tries to tell ya, we do support reforming campaign finance in New York State. Some highlights:
By a nearly two-to-one margin, New York voters oppose a pay increase for state legislators, and they support reinstituting the death penalty for those convicted of killing police officers, according to a new Siena (College) Research Institute poll released today. The new Siena poll also shows that New Yorkers are divided on the issue of gay marriage, support public campaign financing for statewide offices and believe that Governor Eliot Spitzer's campaign finance reform legislation would make elections fairer. They also believe that the Governor's fundraising makes it more difficult to enact campaign finance reform.
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By a margin of 62-32 percent, New York voters oppose a legislative pay hike. At least 56 percent of Democrats, Republicans, independents, New York City and suburban voters oppose the pay hike, and by a margin of 70-24 percent upstaters oppose it.
On the issue of gay marriage, New Yorkers are divided. While 43 percent support legalizing gay marriage, 47 percent oppose it. A majority of Democrats, voters under 55 years old and Jewish voters support gay marriage. Republicans are most strongly opposed, although a majority of independent voters, Catholics, Protestants and voters 55 and older also oppose such a law," Greenberg said.
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By a margin of 51-37 percent, New York voters support public campaign financing, with support strongest among Democrats, young voters and in New York City. Republicans and upstaters are essentially evenly divided. A plurality of every demographic group, and a majority of most, believe that the Governor's proposal on campaign finance reform would make elections fairer. Overall, 53 percent of voters think it would make elections fairer, seven percent think it would make elections less fair, and 28 percent think it would have no effect.
Looks like all Uncle Joe's whining has had its desired effect.
It certainly took longer than Senator Clinton wanted, but Governor Spitzer will make his endorsement at noon today on the steps of the Capitol in Albany. Hillary's patience will be rewarded by a busload of other prominent New York Democrats offering their support as well.
Presidential hopeful Hillary Clinton is set to pick up endorsements from some fellow New York Democrats.
Clinton will officially receive the backing of Governor Eliot Spitzer, Assembly Speaker Sheldon Silver, Attorney General Andrew Cuomo, Comptroller Thomas DiNapoli, and Senate Minority Leader Malcolm Smith in Albany today.
The governor has said Clinton has represented New Yorkers well and has "values and strengths that will make her an excellent president."
Meanwhile, across the Hudson, Newark, New Jersey Mayor Cory Booker will offer his endorsement to Senator Barack Obama.
The high-profile mayor of New Jersey's largest city says he endorses Sen. Barack Obama for president.
Newark Mayor Cory A. Booker said he would officially announce his endorsement at a news conference with Obama today, when the senator arrives in New Jersey to attend a number of events, including a town-hall meeting with union members in Trenton.
"It's time that we have a national leader that's going to raise us around our highest common ideals and remind us that we have more in common as a people than we do that divides us," Booker told the Associated Press.
The latest Unity '08 news from the Bloomberg/Hagel front on the flip...
Capitol Confidential is reporting that the final spending numbers announced last month when the first budget of the Spitzer era passed were, to put it mildly, bunk. It turns out that the recently adopted budget actually spends $2.9 BILLION dollars more than was originally advertised. Oops.
He (DiNapoli) announced finding the new state budget actually spends $2.9 billion more than reported when the budget was enacted April 1.
Spending, which increased by $9.4 billion over last year, was at a pace three times the inflation rate, he said. He pegs the budget at $123.9 billion. Beyond that, the budget planners shifted some payments back to last year's budget.
The analysis changes a lot of the cost-control pronouncements of Gov. Eliot Spitzer.
3 billion here. 3 billion there. Pretty soon you're talkin' about real money.
Here's a pretty hilarious video that was shown at last weekend's LCA dinner in Albany. Look for cameos by David Paterson, Shelly Silver, James Tedisco, Tom DiNapoli, Rich Baum, John Bonacic, Joe Morelle amongst others. Normally, I tend to frown upon such gatherings. I really don't think that journalists have any business yukking it up with those that they take a paycheck to cover. But, I have to admit that this video is indeed pretty damn funny.
Corruption and the benefits of being in the 'club' have been mainstays for the state government of New York. Selecting Assemblyman Tom DiNapoli to comptroller would have hardly batted an eye in the past. However, it seems that the times, they are a changing.
First Eliot 'Steamroller' Spitzer came out and attacked lawmakers for appointing the unqualified DiNapoli to the position to state comptroller last week. The harsh reaction from the Governor prompted the NY media to cover the criticism. Now it seems the public is taking noticing and letting their Assemblymen know how they feel.
The battle between Gov. Eliot Spitzer and the state lawmakers erupted into an all-out war on Thursday, as the governor began to visit the districts of fellow Democrats in the Legislature to assail their decision to make one of their colleagues the state's top financial officer.
I just found this outstanding open letter to our state legislators over at the Daily Gotham. It's from our pal Buffalo Pundit and it's superb. Buffalo Pundit speaks for me.
See, I like Governor Spitzer. I voted for him. I am hopeful about his agenda to reform the way you guys all do business on the Hudson. I didn’t vote for Shelly Silver. I didn’t vote for Joe Bruno. Neither of those guys represent me, neither of those guys represent anyone in WNY, and none of them are particularly interested in what goes on out here in the stix, right? I mean, Silver is from the lower east side of Manhattan, and Bruno has a nice horse farm near Saratoga. I don’t mind Silver running the Assembly or Bruno running the Senate. After all, they’re elected to do so by their membership. What I do mind is that they see themselves as co-Governors of the state along with Spitzer.
So, when it came time to select someone to replace the disgraced convict Alan Hevesi, I thought it was a nice deal that was struck between Bruno, Silver, and Spitzer to have a panel of three ex state and NYC Comptrollers interview potential candidates and select up to five finalists for the job, and then having the state legislature select one of the finalists.
It heralded something new and different for you guys out there - the idea of meritocracy versus patronage. The idea of compromise for the good of the state. The idea that people in state government could be flexible.
The panel selected three finalists. None of them were members of the state Assembly. It appears that Silver and the Assembly Democrats are having a collective temper tantrum about this. Nowhere did I read that any of the finalists had to, by definition, be a Democratic Assemblyperson.
I heard that there had been a closed-door meeting where Silver caught bloody hell from his members.
