The March 1, 2008 Issue of The Capitol

www.nycapitolnews.comVOL. 1, NO. 3 MARCH 2008

New York Republicanswonder what JohnMcCain means forthem.

Page 12

Sen. SerphMaltese takes a tripback to the streetswhere he lived.

Page 33

Up and Coming:Hudson ValleySpotlighting fiveelected officials to watch.

Page 28

INSIDE:

For Pete’sSake

As two Democratspass on ‘08 King

race, DCCC ponderswaiting until 2012

Page 22

Red State,Blue StateHow Republicansand Democrats

compare on newvoter registration

Page 34

On LottoProposal,

Spitzer MayNeed a LittleBit of Luck

Page 10

ManMiddle

in the

BY EDWARD-ISAAC DOVERE

The last week in Februarywas a good one for DarrelAubertine and Senate

Democrats, who captured oneof New York’s most reliablyRepublican districts and putthemselves within range of themajority for the first time indecades.

But it was, arguably, just asgood a week for AssemblySpeaker Sheldon Silver.

Gov. Eliot Spitzer and SenateMajority Leader Joseph Brunohave always had to satisfy himand the Assembly conference heleads. But these days, Spitzerand Bruno are at each other’sthroats, jockeying for whatever

The fight over the StateSenate could put AssemblySpeaker Sheldon Silver inhis strongest position yet

CONTINUED ON PAGE 18

AN

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Get the facts:AN

DTRAFFICHEALTH

PRESENTED BY:

Jen Richmond-BryantAssistant Professor of Environmental and Occupational Health Sciences, Urban Public Health Program, Hunter College, CUNY*

Patrick L. Kinney, ScDAssociate ProfessorDept of Environmental Health SciencesColumbia University Mailman School of Public Health*

George D. Thurston, ScDAssociate ProfessorNYU School of MedicineNelson Institute of Environmental Medicine *

William Rom, MD, MPHSol and Judith Bergstein Professor of Medicine and Environmental Medicine, Director of the Division of Pulmonary and Critical Care MedicineNYU School of Medicine*

* Institutional information is provided for identification purposes only and does not constitute institutional endorsement

Did you know:• Children exposed to more traffic-related air pollution score lower

on IQ tests. The effect of pollution on intelligence was similar tothat seen in children whose mothers smoked 10 cigarettes a day while pregnant, or in kids who have been exposed to lead 1

• Stop-and-go traffic releases as much as three times the pollution of free-flowing traffic 2

• Children exposed to traffic pollution can have stunted lung development 3

• Traffic-related pollution has harmful reproductive effects: 4

Several studies confirm lower birth weight and other developmental problems in babies born to mothers exposed to traffic pollution.

1 S. Franco Suglia, A. Gryparis, R. O. Wright, J. Schwartz, and R. J. Wright, “Association of Black Carbon with Cognition among Children in a Prospective Birth Cohort Study” American Journal of Epidemiology, 167:280-286, February 1, 2008

2 U.S. EnvironmentalProtection Agency. “Technical Methods for Analyzing Pricing Measures to Reduce TransportationEmissions.”1998. Online resource, available at http://www.epa.gov/otaq/stateresources/policy/transp/tcms/anpricng.pdf,2-18, 2-20. Last accessed October 19, 2007.

3 Gauderman, W. James, Hita Vora, Rob McConnell, Kiros Berhane, Frank Gilliland, Duncan Thomas, Fred Lurmann, Edward Avol, Nino Kunzli, Michael Jerrett and John Peters, “Effect of exposure to traffic on lung development from 10 to 18 years of age: a cohort study,” The Lancet, Volume 368, February 2007.

4 Ritz B, Wilhelm M, Hoggatt KJ, Ghosh JK. Ambient air pollution and preterm birth in the environment and pregnancy outcomes study at the University of California, Los Angeles. Am J Epidemiol. 2007 Nov. 1;166(9):1045-52. Epub 2007 Aug 4.

TRAFFIC CONGESTION AND HEALTH: The risks, the evidence, the urgencyModerated by John M. Balbus, MD, MPH, Chief Health Scientist, Environmental Defense Fund

8:30 a.m. FRIDAY MARCH 14140 Park Place between Greenwich and West Broadway, Room 12 New York City office of DC37DC37 has no position on congestion pricing and are providing this space as a courtesy to members and their staff.

Briefing and Q&A for Decision MakersCome hear from top scientists and community leaders on traffic reduction and air quality. Here’s a chance for city and state officials to ask questions of the experts before facing important traffic & transit decisions. Stay tuned for more briefings to be announced.

Light breakfast will be served. Members and staffers welcome. Closed to the press.

Look out for additional information sent to your member’s office byEnvironmental Defense Fund including concise compilations of recent data on transit investment, traffic reduction and air quality.

TO RESERVE YOUR SEAT,OR TO GET MORE INFORMATION, please contact Mary Barber at Environmental Defense Fund(212) 616-1351or [email protected]

C U N Y A L U M N I A C H I E V E R S

NEW YORK STATE SENATE

Jeffrey KleinQueens College, CUNY School of Law34th Senate District, Bronx, Westchester

Kevin S. ParkerCUNY Graduate School

21st Senate District, Brooklyn

John SampsonBrooklyn College

19th Senate District, Brooklyn

Toby A. StaviskyHunter College, Queens College

16th Senate District, Queens

Diane GordonNew York City College of Technology

40th Assembly District, Brooklyn

Carl HeastieBaruch College

83rd Assembly District, Bronx

Dov HikindBrooklyn College, Queens College


Janele Hyer-SpencerCUNY School of Law, Queens College

60th Assembly District, Staten Island, Brooklyn

Rhoda JacobsBrooklyn College

42nd Assembly District, Brooklyn

Ellen C. JaffeeBrooklyn College

95th Assembly District, Rockland

Ivan LafayetteBrooklyn College

34th Assembly District, Queens

Rory LancmanQueens College


Alan MaiselBrooklyn College


Nettie MayersohnQueens College


Joel MillerCity College

102nd Assembly District, Dutchess

Joan MillmanBrooklyn College

52nd Assembly District, Brooklyn

Daniel J. O’DonnellCUNY School of Law

69th Assembly District, Manhattan

José R. PeraltaQueens College


N. Nick PerryBrooklyn College


Audrey PhefferQueens College

23rd Assembly District, Queens

J. Gary PretlowQueensborough Com. College, Baruch College

87th Assembly District, Westchester

William ScarboroughQueens College


Darryl TownsMedgar Evers College


Eric AdamsNew York City College of Technology


Ruben Diaz, Sr.Lehman College

32nd Senate District, Bronx

Martin Malave DilanBrooklyn College


Martin GoldenJohn Jay College of Criminal Justice, CSI

22nd Senate District, Brooklyn

Ruth Hassell-ThompsonBronx Community College

36th Senate District, Bronx and Westchester

Carmen ArroyoHostos Community College84th Assembly District, Bronx

Michael BenjaminHunter College


William ColtonBrooklyn College


Ruben Diaz, Jr.LaGuardia Com. College, Lehman College

85th Assembly District, Bronx

Jeffrey DinowitzLehman College

81st Assembly District, Bronx

Adriano EspaillatQueens College

72nd Assembly District, Manhattan

Deborah GlickQueens College

66th Assembly District, Manhattan

VISIT WWW.CUNY.EDU 1-800-CUNY -YES CUNY-TV CHANNEL 75

NEW YORK STATE ASSEMBLY

4 MARCH 2008 THE CAPITOLwww.nycapitolnews.com

BY REP. TIMOTHY BISHOP

EDUCATION COSTS ARE SOARING

across the board, from local schoolsto major universities. Educators andelected officials have a responsibility toensure that students are not only receiv-ing a quality education, but that theydon’t have to break the bank to do so.

Many families in my home districton Long Island are voicing dismay overinsufficient funding for local schoolsfrom federal and state governments.They are right to be concerned. TheBush administration has increasedrequirements on school performancewithout delivering on promised fund-ing to achieve these goals. On LongIsland, these shortfalls are enlarged bythe threat of reduced funding fromAlbany. As renewal of the No Child LeftBehind Act is debated over the comingmonths, Congress must find a healthycompromise that properly addressesthe needs of all students and providesour school systems with the tools tocompete both locally and globally. Ihope my counterparts in Albany willfollow a similar path.

I am proud that the 110th Congress

has passed groundbreaking legislation,signed into law last year, to significantlyenhance access to and affordability ofeducation for college students. This leg-islation, the College Cost Reduction andAccess Act, boosts college aid by rough-ly $20 billion over the next five years.

The legislation pays for itself by reduc-ing excessive federal subsidies paid tolenders in the college loan industry. Thelaw marks the single largest investmentin college financial aid since the 1944 GIBill, helping millions of students andfamilies pay for college at no new costto U.S. taxpayers. The bill also boostsmaximum Pell Grant scholarships to$5,400 over the next five years, makesloan payments more manageable, andgives upfront tuition assistance to stu-dents who commit to teaching in high-need public schools.

However, the battle to ensure accessand affordability for our students con-tinues. President Bush has repeatedlysought to dismantle and under-fundsome of the most effective aid programswhich enable millions of students toattend college, pursue their careers andstrengthen our nation’s economy. Forexample, in his final budget proposal,President Bush eliminates funding forthe Supplemental EducationalOpportunity Grant and the Perkins Loanprogram. Overall, this misguided pro-posal would deprive students of $1.5 bil-lion in vital financial aid on an annualbasis and have a devastating effect on

the ability of students to remainenrolled in college.

Additionally, President Bush calledfor the elimination of the Career andTechnical Education State Grants pro-gram, destroying innovative career andtechnical education programs for stu-dents attending high school and commu-nity college. The Bush budget eliminates$1.1 billion in funding for vocationaleducation state grants, cutting off apipeline to job opportunities in emerg-ing fields such as telecommunicationsand health care for millions of students.

This year, I will be part of a bipartisancoalition in Congress that will fightagainst these damaging cuts. Duringthese tough economic times, we shouldnot be reducing proven educational pro-grams. Rather, we should be strengthen-ing our focus on providing everyAmerican with the skills to succeed in arapidly evolving global workforce. It isan investment we cannot afford to over-look.

Timothy Bishop, a Democrat repre-

senting parts of Suffolk in Congress, is

a member of the House Education and

Labor Committee.

America Must Invest More in EducationISSUE FORUM:EDUCATION

BY ASSEMBLY MEMBER CATHY NOLAN

AS CHAIR OF THE ASSEMBLY

Committee on Education, I havebeen at the forefront of an inves-

tigation into why some allege schools inNew York State are not complying withstate law expressly outlining physicaleducation instruction at each grade level.A hearing was held Jan. 31 in Manhattanwhere expert witnesses from the NewYork City Department of Education, NewYork State Department of Education,principals, teachers, parents and educa-tion advocates gathered to share infor-mation and experiences.

Current New York State law requireseach school to develop a physical educa-tion plan that provides students ingrades kindergarten through grade threephysical education five days and 120minutes each week. In grades fourthrough six, students are required toreceive physical education three daysand 120 minutes each week. Students ingrades 7-12 should have at least threeclasses per week for one semester andtwo classes per week for the secondsemester.

The problem is that these are not rec-ommendations. These are required bystate law, but ask people if their childrenare receiving the specified amounts andin many cases the answer is a disheart-ening “no.”

We know funding for physical educa-

tion has dropped progressively through-out the years in New York City begin-ning in the 1970s. Today, the challengesthat have historically deterred New Yorkschools from achieving high qualityphysical education programs continueto create barriers. These include lack ofresources, lack of space, lack of parentinvolvement and lack of knowledgeabout the law.

I am grateful to those who testified atthe hearing for they have given theCommittee valuable insight into thisproblem. From them we learned aboutthe facts. Experts recommend that chil-dren receive at least 60 minutes of phys-ical activity five days a week. Childhoodobesity rates in the United States contin-ue to rise at alarming rates. We learnedabout viable solutions that have achance of finding success if we see themthrough by offering teachers andschools the support they need in termsof funding resources. In New York Citythis potential has been made authenticby the increase in funding through theCampaign for Fiscal Equity settlement.

The hearing allowed us to understandthe challenges faced by those in thetrenches of our public schools. Ateacher from a public school inWoodside testified at the hearing aboutthe problems she has encountered try-ing to administer physical education to30-50 students per class, once per week.She was creative enough to find ways to

teach these students and utilize a newassessment program implemented bythe New York City Department ofEducation, but ultimately she still ranheadlong into the reality of lack of spaceand the fact that she is one personstretched out among all those students.These are variables that are most diffi-cult to overcome.

According to testimony by Lori RoseBenson, Director of the Office of Fitnessand Health Education for the cityDepartment of Education, policy initia-

tives are shifting focus away from com-petitive sports toward general fitnessclasses such as aerobics and weight lift-ing, reflecting health trends of ourgreater society. New York State UnitedTeachers vice president, Maria Neira,suggested ideas such as the creation of acore curriculum for physical education,and including the legal requirements onschool report cards in an effort toinform parents.

As we move forward on this issue, wewill continue to look at solutions anddevelop a comprehensive plan toimprove physical education compliancein New York State.

At the first Education Committeemeeting for 2008, I introduced a resolu-tion urging the State Department ofEducation (SED) to begin a review of thelevel of compliance for physical educa-tion instruction. The vote was unani-mous, reflecting the state Assembly’sdedication to the goal that all students inNew York should receive the legalamount of instruction in physical educa-tion. As we initiate positive change, wewill improve not only physical health butmental outlook and academic perform-ance. These are benefits the children ofNew York State cannot afford to livewithout.

Cathy Nolan, a Democrat represent-

ing parts of Queens, is chair of the

Assembly Education Committee.

We Need to Work Out Physical Education in Our Schools

6/ *7&34*5:�"5�#6''"-0

The time has come for New York State to build a new economic engine – one that is powered byknowledge, innovation and creativity. As a flagship institution of the SUNY system, the University atBuffalo is poised to be a focal point of this endeavor. A premier research-intensive public university, UB is also the state’s largest and most comprehensive campus.

UB 2020 is the strategic plan that is the catalyst for this new economy. Our goal is to create a bigger and stronger university that will benefit the entire SUNY system and ultimately all New Yorkers. This isthe future we envision for UB: 40% growth, over 20,000 new jobs, and a $2.6 billion annual economicimpact. To realize these ambitious goals, the university needs strong and consistent state support, and policy changes to allow UB and SUNY to flourish. Support UB 2020 – and all of us will prosper.

To learn more, visit www.buffalo.edu/UB2020

[ ]A FLAGSHIP FOR OUR FUTURE


BY RICHARD P. MILLS

THE REGENTS ARE ENGAGING

legislators on the budget, both inAlbany and in their home regions. InJanuary, Chancellor Bennett deployedteams of Regents, each with the task ofmaking the case for oneof the Regents’ six prior-ities. The DeputyCommissioners and I fol-lowed with legislator vis-its that will continueuntil the budget issigned. Regents and Ivisited eight regions forschool tours and discus-sions with leaders tosoak up stories of suc-cess and need, which wecite frequently. We com-pleted several hours oftestimony over two daysbefore the Joint Fiscal committee.

Our story is uplifting because it startswith achievement. We never forget tothank legislators for support that helpedfuel achievement. From a national per-spective, the National Assessment ofEducational Progress (NAEP) ranks NewYork among the leaders in reading gainsfor black and Hispanic fourth graderssince 1999. Our students are first in thenation in taking Advanced Placementexams, and in scoring 3 or better. OnlyMaine has a greater percentage takingSAT exams, and Maine pays for theexams. New York has more INTEL final-ists than any other state. And we havedozens of world-class school systems,which our global competitors study.

The state view is also strong.Achievement in grades 3 through 8 roselast year on state tests, notably in middleschool. Fewer students are at level 1,more are graduating, and graduationrates are rising—although not fastenough. More than 3700 schools are “InGood Standing” and nearly 1700 are“High Performing.”

There is a lot to like in this budget, butwe could make it better. It follows an his-toric achievement last year that created anew Foundation formula, linked increas-es with accountability, expanded pre-kindergarten programs by more than 50percent, and expanded State EducationDepartment capacity. The current budg-et increases state aid overall by 7.5 per-cent. It continues the Foundation aididea, and increases pre-kindergartenfunding by another $79 million.

There are also challenges. TheRegents favor a more aggressive pace inFoundation aid expansion. The $32 mil-lion reduction in BOCES must berestored, as should the cut to fingerprint-

ing, which keeps harmful people frombecoming school employees. More than70 districts lost funding, and some arehigh need. These anomalies can surely beaddressed. And let’s remove the DistrictSuperintendent salary cap now.

Every budget is the product of hardchoices, but until it’s over,we should raise ideas thatdeserve another look.Here are a few we are talk-ing about:

1000 teachers: NewYork lacks teachers inmath, science, special edu-cation, and bilingual educa-tion willing to commit tohigh need schools. Wehave a tested method toprepare them in the alter-native certificate. TheRegents propose $25 mil-lion over three years to

recruit, prepare and place 1000 teachers.P-16 Regional Alliances: Educators

have created an astonishing array ofalliances among schools, colleges, coun-ty agencies, employers, libraries andadult literacy groups because they workin preparing teachers, creating scienceand technology programs, community-wide literacy campaigns and career andtechnical education. What they need is“glue money” to hold them together. TheRegents see this local initiative, and pro-pose a $15 million incentive for P-16Regional Alliances.

Smart Scholars: Many young peoplewon’t attend college because they cannotimagine graduating from high school.Our four-year graduation rate of 67 per-cent is unacceptable. Dual enrollmentprograms enable students to take cours-es in high school that are actually collegecourses taught by college teachers. GatesFoundation studies of such programsreport graduation rates of 90 percent.The Regents envision a dual enrollmentprogram for high need students who areotherwise unlikely to graduate fromeither high school or college. TheRegents propose $100 million for SmartScholars.

Cultural and Museum Education: NewYork’s museums and cultural institutionsknow the Regents standards and many areprepared with programs that complimentschool programs. We have more such insti-tutions than anyone. The Regents propose$30 million to exploit this special advan-tage to benefit our children by linkingschools and cultural institutions.

Richard Mills is the president of the

University of the State of New York

(USNY) and the state commissioner of

education.

Continue the Investmentin Achievement

ISSUE FORUM:EDUCATION

Coming Next Month:

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with political perspective from elected officials

The best way to reach every elected official in Albany.

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BY STATE SEN. STEPHEN SALAND

THERE ARE OVER 225,000classroom teachers in New YorkState, and by far the vast majority

are hard working, dedicated individualswho care deeply about the well being ofstudents. A small number, however, cap-ture the headlines when caught preyingon innocent children. These are the pred-ators that every parent fears.

In 2000, I authored a law that requiredall prospective school employees be fin-gerprinted to undergo a FBI backgroundcheck. In addition, this law requiredschool districts to directly report to lawenforcement all criminal allegationsinvolving suspected abuse of a child by aschool employee.

According to a 2007 State EducationDepartment Report, the law is working asit was designed to do. Nearly 1,400 appli-cants were denied clearance to work in aschool setting after the criminal back-ground check revealed they were unfit towork with children. In addition, the num-ber of reports involving teacher miscon-duct more than doubled since 2001. Whilethe number is alarming, it is clear thatmore children are being protected by alaw that was crafted to stop the old prac-tice of districts sweeping criminal behav-

ior under the rug and “passing the trash”to another unsuspecting school.

This staggering increase in reports, how-ever, has created a tremendous backlog inthe number of investigations beingreviewed and prosecuted. In working close-ly with the State Education Department’sOffice of School Personnel Review andAccountability (OSPRA) which handlesthese cases, I have learned that they are incritical need of additional personnel, asmany cases languish for over a year.

OSPRA has indicated that it is seeking$600,000 for additional personnel to moreexpeditiously address its backlog of casesto determine whether a teacher’s actionsshould result in suspension or termina-tion of their teaching certification.

Unfortunately, despite this well rea-soned request for funds, the governor’sexecutive budget did not include anincrease for OSPRA’s operations. Instead,the governor cut OSPRA’s budget by$500,000, or nearly one-third of its operat-ing costs. The governor’s Division ofBudget rationale for this severe reductionis an anticipated savings generated by theintroduction of new technology(LiveScan). This new technology, whichwill cost school districts roughly $14,000to purchase and $1,000 a year to maintain,will eventually eliminate the need for the

roll and stamp fingerprinting at the districtlevel and replace it with an advanced elec-tronic system which will reduce errors inthe fingerprint collection process.

Presently, fingerprints forwarded bydistricts are reviewed by six part-timetemporary employees at the StateEducation Department. While thisadvancement in technology is a vastimprovement over the present collectionand review of fingerprints, theDepartment has made it clear that it doesnot address OSPRA’s need for moreinvestigators, attorneys and supportstaff. The governor’s recommendation toslash $500,000 from this unit’s budget willfurther hinder their efforts to reviewcases involving sex offenses and sexualmisconduct. Surely, this gross errorshould be rectified and OSPRA’s effortsto protect children should be adequatelyfunded in this year’s state budget.

In addition to addressing OSPRA’sbacklog of cases, I plan to introduce leg-islation which would immediatelyremove a teacher’s certification if theyhave been convicted of, or pled guilty toa felony sex offense. While it is importantto ensure tenured teachers due processat both the school district level and theState Education Department’s certifica-tion review, these safeguards become

costly vehicles of redundancy and delayfollowing a conviction or a plea to a sexoffense. This practice is unjust andshould be immediately rectified.

I do not view this as a partisan orpolitical issue, but a matter of conscienceand moral obligation that should beembraced by all. As the chairman of theSenate Education Committee, my priori-ties are clear: we must act swiftly toremove predators from our schools.

Stephen Saland, a Republican repre-

senting parts of Columbia and Dutchess

counties, is chair of the State Senate

Education Committee.

The Protection of Children Must Be Our Highest PriorityISSUE FORUM:EDUCATION

5 FACTS ABOUT YELLOW MEDALLION TAXICABS:

1. Yellow Taxis Move 240 Million Passengers a Year on City Streets – Second Only to MTA Buses

Which Operate in All 5 Boroughs And Move 741 Million People a Year.

2. One Double-Shifted Yellow Taxi Transports an Average 84 Passengers a Day - the Entire Taxi Fleet

Moves 658,000 Passengers a Day.

3. Taxis Discourage Driving: Only 22% of Manhattan Residents Own a Car – The Lowest Rate in the

United States.

4. One Quarter of All Yellow Taxicab Passengers Earn Less Than $25,000 a Year.

5. The Yellow Taxi Industry Contributes in Excess of $75 Million a Year in City and State Taxes.

WHAT CAN LEGISLATORS DO?

• PASS CONGESTION PRICING – BUT WITHOUT

THE $1 TAXI SURCHARGE WHICH PUNISHES TAXI

RIDERS WHO DON’T DRIVE AND EASE PRESSURE

ON OVERCROWDED SUBWAYS AND BUSES

• ADVOCATE FOR THE SAFEST AND MOST

COMFORTABLE TAXICABS AVAILABLE

“Together, taxi services and mass transit make it possible to enjoy a lifestyle unthinkable in most American cities: residents

and visitors can access the myriad activities offered by the city without a private automobile, contributing to New York’s

position as one of the world’s most environmentally efficient major cities.”

- Taxi 07: Roads Forward published by the DesignTrust for Public Space

MTBOT, a 55-year-old trade association, represents 28 yellow medallion taxi fleets located in Queens,

Manhattan, Brooklyn and the Bronx and represents more than 25% of the industry with over 14,000

drivers. Our mission is to advocate for fleet operators who ensure 24/7 taxi service; advocate for the

safety and comfort of our passengers and drivers; and provide opportunities and full-service work

environments for taxi drivers as well as assistance at every level from expedited licensing to operating

as knowledgeable, courteous professionals.

WHAT CAN NEW YORKERS DO ABOUT CONGESTION?TAKE YELLOW TAXIS!

YELLOW MEDALLION TAXICABS ARE VITAL to New York City’s mass transportation network

and part of the solution to traffic congestion.

IMAGINE IF ALL 658,000 DAILY TAXI PASSENGERS suddenly drove to work or took already

overcrowded subways and buses.

Ron Sherman, President

Jean Barrett, Executive Director

Joeseph Giannetto, Director of Business Developement

BY ELIE MYSTAL

ALL THAT STANDS IN THE WAY

of Gov. Eliot Spitzer’s (D) planto lease the lottery to a private

investment bank is the Legislature, andperhaps the State Constitution.

In his State of the State address, Spitzerproposed building a $4 billion endowmentfor the State University (SUNY) and CityUniversity (CUNY) systems by makingNew York the first state to change the man-agement of its lottery system by turning tothe private sector. Some legislators weretaking issue with the idea even before theAssembly chamber emptied after thespeech, but Spitzer and his staff have beenpursuing the idea nonetheless.

Those in the Spitzer administrationhave downplayed the significance of alease. However, many expect that a leasewould be a major change for the state lot-tery: currently, private businesses selltickets and manage aspects of the sys-

tem, but a lease could give a private com-pany the ability to market the lottery, andguide how games are sold and wherethey are sold in exchange for a share ofthe revenues. Some estimates put theamount of upfront cash that this couldgenerate at $40 billion for the state.

Sean Patrick Maloney, Spitzer’s firstdeputy secretary, is coordinating the lot-tery leasing planning. Reports character-izing Spitzer’s proposal as a privatizationscheme are flawed, Maloney said.

“We are not selling the lottery, and it willremain a state asset,” he said. “So it is justwrong to say that we are privatizing it.”

Instead, Maloney said that the gover-nor’s plan to “monetize” the lottery willallow a private investment bank to man-age the lottery in exchange for the rightto lease a portion of revenues. Theadministration has set a March 17 dead-line for hiring an independent financialadvisor before releasing a final proposal.

Maloney believes that by merely leasing

the lottery, the state can retain theauthority demanded over the lotteryby the State Constitution.

The lease structure could alsohelp the state get around a secondpotentially problematic constitu-tional provision which requires thatall net proceeds from the lottery godirectly to education funding.

“Someone could own a lease and takesome of the revenues,” Maloney said.“Remember, large portions of the lotteryoperations are now conducted by pri-vate parties … who are compensatedfor the role they play.”Compensating private operators was

found legal in the 2005 Dalton v. Pataki

decision. However, that same decisionprohibited “a ‘fee’ so excessive as to con-stitute a flagrant end-run around therequirement that net proceeds of the lot-tery be applied exclusively to education.”

Last year, 12 percent of the lottery’s$6.6 billion in gross revenue went to con-tractors and other operating expenses.Maloney said that it was premature toestimate the percentage of lottery rev-enue private investors involved in a leas-ing deal would receive under the Spitzerproposal.

Gary Pretlow (D-Weschester), chair ofthe Assembly Committee on Racing andWagering, called any proposal to leasethe lottery a bad idea.

“I think it’s fuzzy math,” he said of theidea that a lottery lease would be themost profitable option for the state.

“I don’t want to use the word ‘short-sighted,’” he said, referring to Spitzer.“What he wants to do is good, but themethods do not equate to the results.”

But Pretlow was open to the idea thatmore money could be wrung out of thelottery without leasing its operations.

“Anything that a private investor cando, the state can do without that commis-sion going to a private investor,” he said.

Pretlow did not just disagree with theidea. He said that he believes giving pri-vate investors control of and compensa-tion from revenues running is unconstitu-tional.

Spitzer’s plan faces opposition on sim-ilar grounds in the Senate, led in part by

William Larkin (R-Orange/Ulster), chairof the Senate Committee on Racing,Gaming and Wagering.

Proposals that would have put lotteryrevenue in private sector hands have sofar failed in six other states. Larkin saidhe hoped Spitzer will agree with him thata deeper guiding issue explained therejections of those plans.

“I understand why he’s talking aboutit, the future opportunity for education,”

Larkin said. “But we can’t sell oursouls.”

James Featherstonhaugh, sen-ior partner at the lobbying firm of

Featherstonhaugh, Wiley and Clyne,said that he knows of several privateinvestors who are interested in leasing apiece of New York’s lottery. His clientsinclude Goldman Sachs, as well as G-Tech, the company which is currentlyunder contract with New York to helpmanage the lottery.

Featherstonhaugh could not say ifGoldman Sachs was interested in havinga lease agreement with New York, but henoted that in Illinois—one of the stateswhere a similar lottery measure failedlast year—there were multiple firmsready to bid on a contract with the state.

He said that revenue stream for theprivate sector could be enormous.

“It would be in the $50 to $70 billionrange if you privatized the whole thing,”he estimated.

This would be annual revenue for theleaser, potentially after a one-timeupfront lease of $40 billion and other fees.

Featherstonhaugh said that one of thethings that makes New York’s lottery soattractive is the ample room for growth,noting that New Yorkers spend an aver-age of $374 annually on lottery tickets,while Massachusetts residents spendnearly $700 on average annually.

Featherstonhaugh said that some pri-vate firms have plans that could bringNew York more in line with the Bay State.

One idea he has heard would be toease the process of approving new QuickDraw outlets in New York City. Anotherwould be to reduce the amount of timefor new numbers to come onto the QuickDraw system. Currently, there is an hour-long pause in New York. InMassachusetts, the pause for a similargame is three minutes.

And there are more radical ideas forthe lottery floating within the private sec-tor as well, Featherstonhaugh said.

“One group,” he said, “said that we couldhave lottery outlets in Starbucks.”

[email protected]

On Lotto Proposal, SpitzerMay Need a Little Bit of Luck

Major profits and changes could be ahead for lottery,though legislators question constitutionality of lease

Gov. Eliot Spitzer has not released specificson his plans to lease the lottery. But that has

not stopped legislators from pointing outproblems, and private firms from eyeing

new plans and serious payouts.


SC

OTT

WIL

LIA

MS

WE’RE RIGHT FOR NEW YORK

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MOMS DEPEND ONOUR POSITIVE ENERGYCan a devoted Mom feel positive about nuclear energy? Yes. Because there’s a lot of positive energy at the Indian Point Energy Center.

Want your children to inherit a cleaner planet? Indian Point produces none of the greenhouse gases that contribute to global warming. The National Academy of Sciences, an independent assessment group of scientific experts, said that without Indian Point, high carbon fossil fuel replacement plants would dump millions of tons of pollutants into New York’s air. Thanks to Indian Point, you, and your children, can breathe easier.

Kids (and Moms) thrive on our positive energy. For more of it, visit our website at www.rightfornewyork.com


State Republicans Look for Seats on the Straight Talk ExpressNew York GOP wonders whether McCain, instead of Giuliani, can be its savior

BY EDWARD-ISAAC DOVERE

RUDOLPH GIULIANI WAS GOING

to be the Republican nominee,and with him at the top of the

ticket, New York’s GOP was confidentthat they could keep control of the StateSenate and several contested Houseseats across the state.

That was then. Now, though some incumbents were

privately banking on Giuliani to be theirsavior and some candidates made theirentry into races contingent on Giuliani’snomination, Republicans are doing theirbest to get excited publicly about thecandidacy of Arizona Sen. John McCain,the presumptive presidential nominee.

Just like Giuliani, they say, he is a can-didate who jibes with New YorkRepublicans. Just like Giuliani, they say,he appeals to non-Republican voters.

And just like Giuliani, they say, he willhelp in local races.

Maybe. “They probably would have been a lit-

tle happier to have Rudy there,” said for-mer Rep. Guy Molinari, speaking of localcandidates. “But the point is they have acandidate who’s on a roll right now.”

Molinari, who was McCain’s statechair in 2000, was one of the local leadersof Giuliani’s campaign before the formermayor exited the race. He has sincejoined the McCain campaign as a state

co-chair, and he said he believes NewYork Republicans have been happy tocome over to the senator’s campaign withhim.

“The feeling among Republicans whoare running this year, they are very excit-ed for the very same reasons that theywere happy about Rudy Giuliani,” hesaid. “The same thing applies to JohnMcCain. He has a tremendous amount ofpopularity in our state—just about asmuch as any of our elected officials.”

Though perhaps not as strong or oldas Giuliani’s, McCain has connections toNew York Republicans, Molinari said,pointing out that McCain not only didwell in the 2000 primary, but introducedhim to then-fledgling Republican mayoralcandidate Michael Bloomberg in late2000.

More importantly, according to someRepublicans, McCain will be appealingin pockets of the state, particularlyupstate, where they believe Giulianiwould have struggled. And these moreconservative-leaning areas, they say, areexactly where the most hotly contestedState Senate and House races are likelyto be. The New York chapter of theMcCain campaign is currently beginningto plan speakers to attend Lincoln Daydinners across the state, as well as otherevents promoting the Arizona senatorwhich will double as fundraisers forlocal candidates.

Ed Cox, McCain’s state chair, believesthat if Republicans feel McCain can winNew York in November, as Cox himselfdoes, that will benefit all Republican can-didates in the state

“Clearly, McCain’s relative popularityhere as a Republican is going to be veryhelpful in down-ticket races, and we’regoing to be working very closely withthem,” Cox said.

Depending on the presidential candi-date will almost be a necessity, he added.

“A lot of the energy, not having astatewide office, will come from ourpresidential candidate,” Cox said, “andwe’re going to make sure that energy getstranslated into the local races.”

GOP political consultant GerryO’Brien said that though McCain maywell prove a more potent draw for down-ticket races, the candidates will have totake up the task themselves.

“Instead of McCain coming in from thetop down, the grassroots and local candi-dates should be pushing him from thebottom up,” O’Brien said. “It might notmake a difference for McCain, but itmight be the difference for a lot of StateSenate and congressional races.” ThoughRepublican consultant Susan Del Percioagreed that McCain is likely to appeal toNew Yorkers of all political stripes, shesaid the presidential campaign mighthave a bigger impact on local races inresponse to frustration among New York

Democrats should Sen. Hillary Clintonnot be the nominee.

“It’s not so much coat tails of the raceas it is voter turnout,” she said, adding aprediction that “with the mess that we’reseeing on the Democratic side, we’regoing to see a lot of downstate voterswho will not be as likely to turn out.”

But she said she does not expectMcCain to make campaigning for localcandidates in the state a priority as hepursues the White House.

“When you’re running for president,you can’t so much focus on the party.You’ve got to focus on your race,” shesaid.

Nonetheless, fundraisers and otherevents will likely bring the candidate toNew York, giving local candidates oppor-tunities to appear with him that those inother states will not have.

“McCain will be spending a lot of timein New York, because that is where themoney and the media is,” she said.

John Faso, the 2006 GOP gubernatori-al nominee, agreed that McCain would bean attractive Republican candidate toDemocrats and independents in NewYork, as Giuliani might have been. But nomatter the presidential candidate, he cau-tioned Congressional and State Senatecandidates against assuming this wouldin turn put Democrats and independentsin their columns as well.

“People are notorious ticket splittersin New York, and every candidate needsto make their own case, based upon localissues,” he said, citing taxes as a majorone in which local Republicans couldmake strong cases. “They can’t just relyon some national breeze to sweep themthrough.”

Molinari, however, was certain thatMcCain’s candidacy could make a notice-able difference in some races, providedhis campaign backs them up with cashfor local operations.

“If they come to Guy Molinari or EdCox and say ‘have fun,’ but there’s notany money there, it’s going to be prettydifficult,” he said.

He added that Giuliani could stillprove a powerful weapon in the NewYork campaign battles to come. Withouta national race to run, Giuliani wouldhave more time to appear at events forcandidates on the home front, whichMolinari expected him to do—for some.

“I think he’ll prioritize who he’ll go tosee,” Molinari said. “I think he’ll look tosee who helped him when he was run-ning. You break that down, there arepeople like Peter King, Vito Fossella thatwere working very hard. I dare say thatpeople like that will have a priority interms of getting Rudy to appear in theirdistricts.”

Giuliani’s office did not return calls forcomment.

[email protected]

New York Republicans gathered for a John McCain rally in Grand Central Terminal the day before SuperTuesday. Now they wonder what the McCain campaign will do for their local candidates.

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THE CAPITOL MARCH 2008 13www.nycapitolnews.com

No Republican orDemocrat Yet for Rath SeatLocal party politics overshadowing scramble betweenboxer, county legislators and several unknowns

BY JOHN R.D. CELOCK

SEN. MARY LOU RATH’S (R-ERIE) RETIRE-ment announcement has sent both partiesscrambling to find candidates for the seat.

Republicans have lost their two top prospects for theseat, while three Democrats have tossed their namesinto the fray.

Republicans were left reeling following lastmonth’s decision by Assembly Member Jim Hayes (R-Erie) not to seek the Senate seat, saying he wanted tofocus on his role as the top Republican on theAssembly’s Ways and Means Committee. Long viewedas Rath’s successor, the five-term Hayes would haveinstantly started any campaign as the frontrunner.

Hayes’ announcement was followed by Rath’s son,Erie County Legislator Ed Rath III, announcing hisdecision to not seek his mother’s seat. Thoughblessed with the most famous last name in WesternNew York Republican circles, Rath was just electedto his county seat last year.

Nonetheless, Erie County Republican ChairmanJim Domagalski is keeping up an optimistic front,saying that he is in the middle of the process of iden-tifying a candidate for the seat.

His screening committee, Domagalski said, isreviewing a shortlist of 14 candidates for the seat,including several business people.

Domagalski confirmed that Amherst CouncilMember Barry Weinstein, a former county legislator,and Erie County Legislator Michael Ranzenhofer ofClarence both have announced exploratory efforts.

Domagalski did well with a screening committeeselecting a politically unknown candidate last year—after being chosen by a panel Domagalski convened,businessman Chris Collins won a landslide victory forcounty executive last November.

“We don’t round up the usual suspects when there

is a vacancy,” Domagalski said.Meanwhile, three Democrats have expressed

interest. Erie County Legislator Michele Iannello ofKenmore, Amherst Councilmember Dan Ward andboxer “Baby” Joe Mesi have all announced cam-paigns for the seat. Ward is a longtime Democraticfixture in Western New York, having served as a coun-ty legislator and Amherst town supervisor. He lost arace for county executive, an Assembly race to Hayesand his seat in the county legislature to the elder Rath30 years ago. Iannello is married to Ward’s brother,county Democratic Elections Commissioner DennisWard. Mesi is connected to former Erie CountyDemocratic Chairman Steve Pigeon, who was oustedin 2002 and has been trying to regain control since,after falling out of favor with multiple factions incounty Democratic politics.

Erie County Democratic Chairman Len Lenihansaid that he hopes to identify a candidate by the endof March and work to avoid a primary.

“In this case, we need to conserve resources forthe battle in the fall; we will try to avoid a pri-mary,” Lenihan said.

The win of Darrel Aubertine in last month’sState Senate special election gives him hope forNovember, Lenihan said: though Republicansoutnumber Democrats in both districts, Rath’shas more Democrats than Aubertine’s.

Iannello, who started looking at the racebefore Rath announced her retirement, saidshe would abide by the wishes of the party andhopes Ward will do the same. Ward declined to

say if he would. After taking on the 2003 county executive race at

a time when then incumbent Joel Giambra (R) wasviewed as unbeatable, Ward said he is expectingLenihan’s backing.

“I could imagine Len Lenihan will do somethingfavorable for me,” Ward said.

Mesi, who could not be reached for comment, isviewed as a wild card in the race. A well-knownboxer in the Buffalo area, Mesi’s family has long beenactive in Republican politics in the region. Mesi isclose to Pigeon, who is roundly hated by many inlocal Democratic circles.

“Pigeon starts with ‘P,’” said one Democrat, “andthat stands for poison here.”

[email protected]

Direct letters to the editor to [email protected].

“In this case, we needto conserve resources

for the battle in the fall;we will try to avoid a

primary,” Lenihan said.

Sign-up for e-mail updates at

www.nycapitolnews.com

VOL. 1, NO. 2

FEBRUARY 2008

Tom Suozzi on what

is next for the property

tax commission and his

own political future.Page 8

Richard Brodsky goes

Back & Forth on conges-

tion pricing and staying in

the Legislature.Page 31

Up and Coming:

Capital Region

Spotlighting five

elected officials to watch.

Page 24

Manhattan Media

79 Madison Avenue,

16th Floor

New York, NY 10016

FIRST-CLASS MAIL

PRESORTED

U.S. POSTAGE PAID

BELLMAWR, NJ

PERMIT NO.1239

INSIDE: Checks and

BalancesJudges charge that

pay raise delay is

forcing them off

state bench

Page 14

The DiNapoli

Three, One

Year Later

Latimer, Magnarelli

and DelMonte reflect

on the Spitzer attacks

Page 13

Democrats Fret

Over Green’s

Delay of Game

No back-ups in

Syracuse if former

footballer skips race

Page 3

Democrats Fret

Over Green’s

Delay of Game

No back-ups in

Syracuse if former

footballer skips race

Page 3


VOL. 1, NO. 1

JANUARY 2008

JenniferCunningham onconsulting, lobbyingand juggling.

Page 4Rep. SteveIsrael

digs in to hisPower LunchPage 26

Up and Coming:Southern TierSpotlighting fiveelected officials to watch.Page 22

Manhattan Media79 Madison Avenue,16th Floor New York, NY 10016 FIRST-CLASS MAILPRESORTEDU.S. POSTAGE PAIDBELLMAWR, NJPERMIT NO.1239

BY EDWARD-ISAAC DOVEREHannah Montana was playing in Albany Jan. 9, but

the biggest cheer of the day probably went to Tom

DiNapoli (D). Though legislators had gathered to

hear Gov. Eliot Spitzer (D) give his second State of the

State address, the person they seemed happiest to see

was DiNapoli, their friend and former colleague, intro-

duced for the first time as comptroller to a joint session to

take his seat on the podium.Attorney General Andrew Cuomo (D) took in his own

warm welcome moments earlier by blowing kisses to the

crowd. DiNapoli took in his by hugging nearly everyone in

sight, throwing up his arms in big, broad waves. Assembly

INSIDE:Dick Gottfried and Spitzer Pushfor Health Care Changes 2

Mary Lou Rath May DrawPrimary Challenge 8Pat Lynch DiscussesLobbyist Life 27


BY ANDREW J. HAWKINS

For former State Sen. NickSpano (R-Westchester),the new year may be a

good year to run again. But Spano said his decision

to challenge Sen. Andrea

Stewart-Cousins (D), who

unseated him in 2006, will

depend on the residents of

Westchester County. Having former New York

City Mayor Rudolph Giuliani as

the Republican presidential

nominee wouldn’t hurt either. “I do miss the action,” said

Spano, who has recently set up

a website to gauge public sup-

port for his candidacy. “I do

miss the competition. And I do

miss making things happen.”But if Giuliani does not get the

GOP presidential nomination,

then Spano may not even seek

the nomination for his old State

Senate seat. Westchester

Republicans, meanwhile, seem

hesitant to start considering

other potential contenders until

Spano has made his decision. The seat is being closely

watched by the state GOP, for

which the prime concern is

maintaining the slim Senate

majority. A high-profile and rec-

ognizable candidate to oppose

Stewart-Cousins may mean the

difference between

a

Republican and Democratic

State Senate.Spano said all of his former

GOP MaySkip Stewart-CousinsNo Rudy, no Spano—andno back-up in place

CONTINUED ON PAGE 9

Mr.NiceGuyTo reshape the comptroller’soffice, Tom DiNapoli says hispersonal connections will once

again make all the difference

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The New York Affordable Reliable ElectricityAlliance (New York AREA) is a diverse group of business, labor, and community leadersworking together for clean, low-cost and

reliable electricity solutions that foster prosperity and jobs for the Empire State.

S P E C I A L S P O N S O R E D S E C T I O N

Baseload is theFoundation of OurPower Supply

By Arthur (Jerry) Kremer

In February two major events threw Florida and Texas into aState of Emergency. It should be a cautionary tale for NewYork.

The Sunshine State in the DarkIn Florida, more than one million residents and businessesweathered a five-hour blackout on February 26th, causingchaos for emergency services, businesses and schools.

Businesses were forced to close their doors; police, firefightersand paramedics battled through halted traffic as hundreds ofthousands took to their cars and parents worried about childrenas schools went completely dark.

Four utilities were affected as emergency safety systems wereactivated to prevent long-term damage to power plants andtransmission equipment after Florida Power & Light experi-enced problems. To prevent wider outages the utilities triggeredthe shutdown of 26 transmission lines, 38 substations and morethan 3,400 megawatts (MW) of generation.

“Houston, We Have a Problem”Texas, the largest wind producer in the U.S depends on windpower for a substantial amount of their electricity. Hours afterthe Florida outage, the winds of West Texas just stopped blow-ing, triggering an electric emergency just as evening peak elec-tricity demand began.

The grid’s wind power dropped from more than 1,700 MW tojust 300 MW as demand spiked from 31,200 MW to a peak of35,612 MW. The Electric Reliability Council of Texas wentdirectly to the second stage of an emergency plan to reducepressure on the grid by 1,100 MW, shutting off the power tobusinesses in order to keep residential consumers’ lights on.

What must New York learn from these two significantpower emergencies? We must collaborate to find solutions to our energy challenges.A problem in one part of the New York can and will have animpact on other communities statewide;

Without baseload power our power grid would be intermittentat best. Wind and solar can provide supplementary power gen-eration, but the grid depends on baseload sources. The emer-gency in Texas illustrates what can happen when the windstops blowing or the sun stops shining. Wind and solar areimportant energy sources, but to maintain dependable powerthat can provide for our needs 24/7, baseload hydro, nuclear,gas and coal are critical sources of power.

Arthur (Jerry) Kremer is Chairman of the New York AffordableReliable Electricity Alliance and a co-author the Article X Power PlantSiting Law. He served in the State Legislature for 23 years, 12 asAssembly Ways and Means Chair.

BY ELIE MYSTAL

GOV. ELIOT SPITZER (D) IS TAKING

another crack at expanding NewYork’s DNA databank, a computer data-base of individual genetic profiles basedon DNA samples. But though there isbroad agreement on Spitzer’s core pro-posal, this year the Senate and theAssembly are even further apart thanthey were last session, when Spitzer’sproposal failed.

Currently, only 46 percent of con-victs—those found guilty of felonies—canbe compelled to submit DNA for inclusioninto the databank. Spitzer would force allthose convicted of misdemeanors, as wellas juvenile offenders, to submit theirDNA. This would capture DNA from 100percent of criminal offenders.

The Senate passed a bill last session thatwould have compelled all convicts of anycrime to submit DNA to the state.

The Assembly also passed a bill thatwould have compelled DNA submissionsfrom all convicts. But the Assembly bill con-tained additional provisions that would givecurrent inmates and defendants access tothe state’s DNA databank in order to provetheir innocence.

The differing ideas about who shouldbenefit from increased DNA collectionwere not resolved. The legislation neveremerged from conference committee.

Assembly Codes chair Joseph Lentol (D-Brooklyn), who authored the Assembly bill,expressed frustration with his Senate col-leagues for what he termed their unwilling-ness to focus on wrongful convictions.

Lentol has discussed the Assembly’sconcerns with Spitzer’s original proposalwith the governor. He said Spitzer indicatedthat when he officially proposes DNA data-bank expansion this year, the version willbe modeled on last year’s Assembly bill.

But including DNA samples from all con-victs may no longer be enough of an expan-sion to satisfy the Senate. Some lawmakersare now echoing New York City MayorMichael Bloomberg’s proposal to have thestate start collecting DNA samples at thetime of arrest, before the legal system hasdetermined a suspect’s guilt or innocence.

Though some states collect DNA at thetime of arrest for violent crimes, no statetakes DNA samples from those arrested onminor infractions like Bloomberg has pro-posed.

Lentol said that Bloomberg’s proposal isa non-starter in the Assembly.

“It’s not easy having a bill that expandsthe DNA database to all crimes in my con-ference,” he said. “To do it on arrest wouldprobably be tough.”

Senate Judiciary Committee chair JohnDeFrancisco (R-Onondaga) recently intro-duced new legislation—which theBloomberg administration supports—requiring DNA evidence to be gathered atthe time of arrest.

“The point is that we are switching thetechnology of DNA with fingerprints,”DeFrancisco said.

DeFrancisco said that his bill includesmeasures to allow inmates and defendantsaccess to the DNA databank, an effort tocompromise with the Assembly. But heacknowledges that even if his proposalpasses through the Senate, reconciliationwith the Assembly will be difficult giventhat his legislation goes further than theGovernor is likely to propose.

“You’ve got to put your position outthere,” he said. “Hopefully the influence ofthe public will come into play.”

Senator Michael Nozzolio (R-Wayne/Seneca/Ontario/Cayuga), chair ofthe Crime Victims, Crime and CorrectionCommittee, which is currently reviewingDeFrancisco’s bill, is a supporter ofDeFrancisco’s bill. Nozzolio said hebelieves that some form of expansion toNew York’s DNA databank will be signedinto law this year.

Expanding the laws and use of DNA evi-dence, he said, is an inevitable part of NewYork’s criminal justice future.

“I think that the science has far outpacedthe laws in New York,” he said.

[email protected]

Currently, only con-victed felons in NewYork can be com-

pelled to give DNA sampleswhich are then used to con-

struct genetic profiles storedin a state databank. As televi-

sion crime drama fans know well,these identifying profiles can then beused by police and prosecutors tomatch against evidence taken fromcrime scenes.

Citing expectation of privacy con-cerns, some argue that DNA poten-tially provides more data abouteverything from family history tomedical conditions than the govern-ment should rightfully be able to col-lect.

Those concerns have not stoppedlawmakers from trying to expandDNA collection to include broadergroups of people.

Denise O’Donnell, Gov. EliotSpitzer’s (D) commissioner for thestate Division of Criminal JusticeServices, said that DNA evidencewas a crucial tool for criminal inves-tigations.

“It is a modern day fingerprint,”she said. “The courts have said that itoutweighs the minimal intrusion ona person’s expectation of privacy.”

The state’s DNA evidence wouldbe used solely for identification pur-poses, she said.

“They are kept without revealingother privacy information about anindividual, or genetic information,”she said. “They are carefully safe-guarded.”

But others, including State Sen.John DeFrancisco and New York CityMayor Michael Bloomberg, take thefingerprinting analogy further. Theyargue that New York should compelDNA samples from all arrestees forany violation for which fingerprintsare already required.

DeFrancisco said that DNA sam-

ples of those not ultimately convictedwould be sealed. Bloomberg hassaid that the underlying DNA samplewould be discarded.

But unlike fingerprints—wherethe underlying evidence and therecord are one and the same—agenetic profile based on DNA evi-dence can be kept on the state’s data-base after the original DNA sampleis returned or destroyed. Currently,the only way to get a genetic profileremoved from the databank is tomake a special request to a judge.However, all of the state’s profiles areuploaded to a federal DNA databankmaintained by the FBI, so even if arecord is removed at the state level,the genetic profile remains in thefederal system.

The New York Civil LibertiesUnion legislative director RobertPerry said that Senate and theAssembly should consider the priva-cy implications of keeping geneticrecords, especially since the statehas yet to think through all of theways DNA can be used beyond mereidentification.

“There are serious questions as amatter of public policy regarding theexpansion of the DNA database thatthe legislature has not consideredseriously enough,” he said.

State Sen. Michael Nozzolio (R-Wayne/Seneca/Ontario/Cayuga),chair of the Crime Victims, Crimeand Correction Committee, down-played the suggestion that DNA sam-ples contain too much personal infor-mation.

“Privacy of all state informationand all government informationshould be a concern,” he said, “but nomore of a concern for DNA informa-tion than any other information thatis already readily available to gov-ernment.”

—[email protected]

Legal Equivalence Between DNAand Fingerprints Not Yet Evident


Bloomberg proposal to take samples at arrestmay drive Senate, Assembly further apart

Spitzer to Renew Attempt to Keep DNADatabank Expansion from Being DOA


Without Tonko, DemocraticChallenge to Farley May be Far OutNYSERDA president opting for McNulty seat puts party in search of candidates


RIDING HIGH AFTER DARREL AUBERTINE’Sspecial election win that narrowed theRepublican majority to a single seat,

Democrats are sizing up a potential challenge to StateSen. Hugh Farley (R-Schenectady)—who somebelieve may soon announce his retirement.

The search for a candidate intensified in earlyMarch, as the man generally viewed as theDemocrats’ best candidate, Paul Tonko, apparentlystarted leaning toward a different race.

Tonko, president of the New York State Energyand Research Development Authority (NYSERDA),spent 25 years representing the Assembly in thearea before joining the Spitzer administration lastyear. He is generally considered the most competi-tive Democratic contender in the region, and wasthought to be a natural fit to challenge Farley. Butwith Rep. Michael McNulty (D-Albany) retiring,Tonko has apparently decided that he would prefera run for Congress than to try going back to theLegislature.

That is bad news for Senate Democrats, whocould have relied on Tonko to immediately gener-ate major interest in the Farley race.

“Whatever Paul Tonko decides to run for, he hasmy support,” said Larry Bulman, chair of theSaratoga County Democratic Committee.

If Tonko decided to run for either seat, he wouldfirst have to announce his retirement from NYSER-DA, a job that pays upward of $175,000 a year. Staterules bar administration officials from openly cam-paigning for elected office.

But if Tonko does decide to enter theCongressional race, he will find himself in a crowd-ed Democratic primary. Others who have alreadyannounced their candidacy are Phil Steck, theColonie Democratic County Chairman, and TraceyBrooks, a former aide to Sen. Hillary Clinton (D).

That and Tonko’s love for energy policy couldsway him in the direction of running for the StateSenate, according to local Democratic politicalconsultant, Kyle Kortary.

“If a guy like Paul Tonko were to run for a StateSenate seat and win, I think he automaticallybecomes the first candidate for chair of the SenateEnergy Committee,” he said.

Though Tonko has made no official announce-ment of his intentions, Democrats are beginning tosize up the field without him. Given theRepublicans’ 20,000-voter registration edge, theyare trying to find a candidate who might be able to

match Tonko’s caliber, said Doug Forand, a toppolitical strategist for the Senate DemocraticCampaign Committee.

“There’s no low-hanging fruit here,” he said. “Inthe absence of a strong candidate with good namerecognition, it’ll be tough.”

Democratic discussions of the race withoutTonko have generally focused on two candidates,Schenectady Mayor Brian Stratton and SusanSavage, chair of the Schenectady CountyLegislature.

Stratton, whose late father held theCongressional seat for 30 years, ruled out aCongressional run in February. But he did not ruleout making a Senate bid—if Farley decides toretire.

“I do have an interest is seeing the Senate turn-ing to Democratic control for the first time in ageneration,” Stratton said. “We don’t have anyDemocratic representation in the State Legislaturefor Schenectady County. That’s important to me aswell.”

Neither Tonko nor Savage replied to repeatedrequests for comment.

Though many in the region seem content to waituntil Farley retires—and potentially give him a

pass this year, as Democrats fight for several othertargeted Senate seats around the state—some saythat the longtime senator is vulnerable, and couldmake for an easy pick-up. Farley’s age could bemade an issue, Democrats say, as could his chair-manship of the Senate Banking Committee, whichthey say has neglected the sub-prime mortgage cri-sis. Farley’s district has been hit particularly hardby the crisis.

“He has stymied and blocked a lot of good con-sumer legislation,” said Brian Quail, chair of theSchenectady County Democratic Committee. “Sowe have a really good issue there.”

Farley defended his record, saying that sincecapturing his seat over 30 years ago, he has wonsubsequent re-elections by large margins, whetherthe 11,000 votes by which he beat Stratton in 2000,or the 2:1 margin by which he beat Democraticchallenger Gary McCarthy in 2006.

Farley said he is not ready to announce eitherhis retirement or his re-election, but is giving seri-ous consideration to both. Either way, his decisionwill not be based on which Democrats are lining upto take him on, he said.

“I can’t pick my opponents,” Farley said. “But Itake every race very seriously.”

[email protected]

Farley’s age could be made anissue, Democrats say, as could his

chairmanship of the Senate BankingCommittee, which they say has neg-

lected the sub-prime mortgage crisis.

New York AREA’s membership includes someof the state’s most vital business, labor and

community organizations including: ThePartnership for NY City, Business Council of

NY State, NY Building Congress, NYSRestaurant Association, the Teamsters,

Carpenters, IBEW and many more.

High ElectricityCosts ImpedeGrowth in NewYorkBy Kenneth Adams

The high cost of electricity in New York is a significant threat to businessgrowth. Business leaders frequently cite New York’s high business costsas a major impediment to economic growth and in-state job creation.

With concerns about a national business downturn on the horizon,New York State should be anxious to do everything possible to attractgrowing businesses and new, well paying job opportunities to ourregion. And low-cost, reliable electricity supply is fundamental tomaking this happen.

The state must act now to address New York’s electricity supply chal-lenges. Right now we are sending the wrong message to businesseslooking to expand in or relocate to New York State.

Actions speak louder than words, and the fact is that New York Statecould do much more to reduce the costs of doing business in our state,which would stimulate significant new investments and create newlong-term and highly skilled jobs.

In a global market where companies no longer need a physical pres-ence to conduct business in New York, we must be able to competewith other global marketplaces. While in the past we were solely com-peting against states like Massachusetts, New Jersey or Vermont forjobs, today we are also fighting to keep existing in-state jobs frombeing exported to India, China or even Canada.

For businesses in a competitive bidding situation, New York is startingat a disadvantage, with the third highest electricity rates in the nationaccording to the U.S. Energy Information Administration. To allowNew York to remain competitive, energy costs must be reduced. Butcurrently, our in-state production is capped, as the state legislature letthe Article X power plant siting law expire five years ago.

A survey conducted by Chief Executives Magazine revealed that forthe 3rd consecutive year, New York was rated as the 2nd worst stateto do business in. This is not an enviable ranking. To overcome thesenegative perceptions we must work harder than ever and make sometough decisions.

We need to strive to make New York an even greater place to live andwork. Other states in our nation have maximized their opportunities tokeep electricity affordable. New York needs to follow suit if it wantsto remain a place where people want to come and establish newbusinesses and expand existing enterprises.

A dwindling job market will not attract or keep our residents, andthe sustainability of our economy depends on employment opportu-nities and business development. Let us examine and invest in alter-native measures by promoting all energy sources and projects thatwill reduce costs and keep our state a global business leader.

Kenneth Adams is President & CEO of the Business Council of NewYork State, representing 3,200 businesses with more than 1.2 millionemployees in New York State, and is also an Advisory Board member ofthe New York Affordable Reliable Electricity Alliance (New York AREA).



Suffolk

Nassau

BattleLong Island

for

Sen. Craig Johnson (D)

2007 Special Election Results:Craig Johnson (D-WF): 27,632Maureen O’Connell (R-I-C): 23,995

Fundraising to date for expected candidates:Craig Johnson: $278,871.90Barbara Donno: N/A

Ever since Craig Johnson won his special election last January, Republicans have been gunningfor this seat, long held by Michael Balboni, before he stepped down to become the state’s homelandsecurity czar. But sources said disagreements amongst local and state Republicans have delayed thedecision on who would take on Johnson. Meanwhile, Johnson has begun to consolidate his positionin the Senate and with his constituents.

Sources said Republicans have settled on Plandome Manor Mayor Barbara Donno as their candi-date against Johnson. This decision is expected to be announced soon. Donno did not return mes-sages left for comment at her village hall office. A homemaker who served several terms on theManhasset school board, Donno won the mayoralty last spring. Plandome Manor is an affluent vil-lage of 843, where the median income clocks in at just below $200,000.

Johnson is currently facing intense criticism from a small group in his district calling itself theNorth Shore Committee for Truth. According to the group’s website, its members have dedicatedthemselves to attacking Johnson for his views on an array of subjects, from his position on the thirdtrack for the LIRR to education spending. State campaign finance records show the committee hasreceived only two donations, totaling $6,348.92, both from the Senate Republican CampaignCommittee in Albany. Johnson has recently been fighting back, especially on the third track issue.

Sen. Kemp Hannon (R)

2006 Election Results:Kemp Hannon (R-I-C): 40,277Casilda Roper-Simpson (D): 29,656

Fundraising to date for expect-ed candidates:David Mejias: $33,700Kemp Hannon: $181,131

The race for Sen. Kemp Hannon’s seatin Nassau County is sure to be one of themost talked about in the state this year.But so far, no one likely to be involved is

talking much at all. Nassau County Legislator David Mejias, who lost to Rep.

Peter King (R-Nassau) in 2006, has been recruited to challengeHannon. Well known from his congressional race, where hewas rated as King’s most competitive challenger in years,Mejias declined to take on King again in order to make theSenate race.

Mejias, the first Hispanic elected to the Nassau CountyLegislature, lost to King by 12 points. He narrowly held onto hiscounty legislative seat last year, a fact that Republicans like tospeak about with glee. But Democrats point out that the partsof Mejias’ county legislature district where he did the worst arenot within the Senate district.

A spokeswoman for Mejias said he will not be discussing theSenate race in public for several weeks. She also declined toformally confirm that Mejias is making the race. Hannon couldnot be reached for comment.

*All fundraising numbers are as of Feb. 29, 2008.

By John R.D. Celock


Sen. Caesar Trunzo (R)

2006 Election ResultsCaesar Trunzo (R-I-C): 33,261Jimmy Dahroug (D): 27,705David Ochoa (WFP): 1,345

Fundraising to date for expected candidates:Caesar Trunzo: $67,650Jimmy Dahroug: $77,207Chris Bodkin: N/A

While Sen. Caesar Trunzo (R-Suffolk) tops the list of endangered Republican senators fromLong Island, Democrats have yet to make a final decision on who will challenge him this year.Jimmy Dahroug, an aide to Suffolk County Executive Steve Levy (D) and the unsuccessful candi-date against Trunzo in the last two elections, never really stopped campaigning after his narrow2006 loss. He believes the nomination should be his. But Islip Council Member Chris Bodkin, whowas until recently a member of the Trunzo-controlled Islip Republican Party, has bolted the GOPfor the Democrats and has indicated he wants to carry his new party’s banner in the race againstTrunzo.

Bodkin denies that he changed parties purely in order to take on Trunzo this fall. He said hehad a number of differences with the Republican Party, local and national. The GOP’s recent per-formance is “abysmal and embarrassing,” and that alone explains his switch.

“I was only too happy to leave the Republicans and join the Democrats,” he said.Dahroug has raised a stink about Bodkin’s interest in the race, insisting that he is the “real”

Democrat in the race. Dahroug attributes his 2006 loss to his not having a minor party line, whichhe believes he will get this year.

While Bodkin has only started the process of exploring a campaign, Dahroug has been puttinghis in place for a year, giving him an important edge in raising money and organizing support, asBodkin begins the process of convincing those in the know that he is not a political opportunist.Bodkin believes he can win over party leaders and avoid a primary with Dahroug.

In 2006, Dahroug won a competitive primary in order to run against Trunzo. But another pri-mary this year could potentially endanger Democratic chances in the general election.

While the Democrats slug it out, Trunzo has had to deal with his own issues. A senator since1973 and one of the oldest senators, Trunzo has been plagued by health issues for over a year,leading many to question whether he would seek another term.

Trunzo spokesman Chris Molluso said that his boss will be running again this year and is look-ing forward to the race.

Trunzo may have to protect his own right flank, as sources said that there are rumblings thathe may have a primary challenger out of Islip. There have been challenges to Trunzo’s longtimecontrol of the Islip GOP and this could lead to a Senate primary this September. AssemblyMember Phil Boyle (R-Suffolk), who has been mentioned as a potential primary challenger, saidthat he will not run against Trunzo this year.

Molluso said Trunzo and others have been laboring to coalesce the Islip GOP’s disparatestrands. He is confident that this will avoid a primary, even if not every local Republican is ulti-mately satisfied.

“There may be a few cranks and malcontents who are complaining,” Molluso [email protected]


To learn more about New York AREA advocacy,educational programs, events, membership or

sponsorship opportunities, contact Laurent Lawrence at 212-683-1203,

[email protected] or visit us atwww.area-alliance.org.

Lower HudsonValley faces energycrisis that demandsimmediate action

By Ross Pepe

The Lower Hudson Valley and Westchester County face a loomingenergy shortage that could result in blackouts and skyrocketingelectricity rates that will threaten our quality life and local econo-my, according to a new study by the Westchester County Alliance.

This stark reality is the conclusion of a comprehensive study offuture energy needs commissioned by a coalition of four of theHudson Valley region’s largest business groups.

A rising population and expanding economy mean the LowerHudson Valley is fast approaching a situation where demand forelectricity will exceed the available supply. The facts areinescapable: Demand for electricity in the region is rising two tothree percent each year, but the supply has essentially remainedunchanged for years. What’s more, we face the potential of takinga giant step backward if the operating license for the Indian Pointpower plants is not renewed.

The situation is especially precarious in Westchester County,which has not seen a large power plant built in decades.

Electricity consumption in Westchester is rising approximately 100to 150 megawatts per year, which will result in an 800 megawattincrease by 2015 on top of the current demand of 5,000 megawatts,according to the Westchester Business Alliance study. The surround-ing Lower Hudson Valley counties are posting similar increases.

Supply and demand will reach a tipping point soon. Even ifIndian Point remains open, natural growth in demand and infla-tion could easily make power rates rise five percent a year. Thiswould translate to the loss of 2,000 jobs in Westchester Countyalone by 2017.

If the Indian Point plants are retired in 2013 and 2015 when theirlicenses expire, power bills in Westchester could jump more than150 percent by 2017. The result could be the loss of an estimated11,000 full- and part-time jobs in Westchester alone, with a 20percent reduction in economic growth. Thousands of residentswill relocate to regions with more jobs and lower costs of living.

The need for new sources of electricity is obvious. This is nodoomsday prediction but a realistic economic projection for ourregion. This problem requires a strong, coordinated effort by lead-ers in Albany and local government to site new power plants andidentify companies willing to build and operate them. It can takeup to ten years to license, design and build a power plant, so weneed to act quickly. Our economy and quality of life depend on it.

Ross Pepe is President of the Construction Industry Council, based inTarrytown, NY, and is a Board Member of the New York AffordableReliable Electricity Alliance. (To access the complete energy study referenced above, visit www.westchesterny.org)


political advantage they can get, or to deprive the other in the fightfor the State Senate. Now more than ever, they will need to appeal tohim, court him, coax him to join their side on every issue they can.

That could put Silver in the strongest position he has been in dur-ing his 13 years as speaker—some-thing Assembly Member Joseph

Lentol (D-Brooklyn) thinksBruno will soon realize.

“I think it puts the major-ity leader of the Senate in adifficult position,” Lentolsaid. “It’s an advantage forhim to work through thespeaker, who he knows,and who can come for-ward with reasonablelegislation that can

pass both houses.”For Lentol, there is no question what this means for Silver. “It gives him a lot of power,” he said.

o most Albany Democrats, Aubertine’s win was an opportunity to crow about the Senate.The blue tide was at their backs, they said. They were on a roll, their control of the cham-ber assured by Jan. 1, 2009, if not before.

To Silver, Aubertine’s win was another reason to brag about the Assembly. Once again,his conference had been the farm system for his party, he said. While others were talk-

ing up the success of the Senate Democrats, Silver said he viewed the win as another reason to beproud of his own members.

He refused to gloat. He refused to take a swipe at Bruno or the Republican agenda. With months togo until the next elections, he refused to say outright whether he wants to see the Senate majoritychange hands.

“I’ve been a Democrat. I’ve been supportive of Democrats. I want Democrats to win every seatin every local legislative body possible. That’sclear; my record will show that,” he said.

Though this would logically make him supportthe Democratic takeover, Silver said that at this pointhe is not interested in talking politics.

“There’s a time for governing,” he said. “We’re now inthe governing cycle.”

With Troopergate and two hotly-contested Senate spe-cial elections in 13 months—and two that put entrenchedRepublican seats in Democratic hands—governing withoutpolitics may have become a forgotten art in Albany. Andthough most expect the situation to intensify, as moreDemocrats announce their candidacies and fundraising

picks up for both parties, Silver said he disagrees. “I think you will see a step back,” he said. Still, with Nov. 4 drawing closer each day, Silver admits the months ahead will be difficult. The fate of the

white-knuckled GOP majority always on their minds, Spitzer and Bruno will increase the pace and fervor oftheir attacks on each other. Their personal animosity will not help—Troopergate may have faded from theheadlines, but the wounds have not, according to the speaker.

“I think it’s an open secret that nothing has changed in that regard,” he said. Silver carefully avoids discussing the situation directly, answering questions about the other two men by talk-

ing about himself. He spent 12 years as speaker as the odd man out, trying to hold back theRepublican governor and Republican Senate. Looking back, his critique of Spitzer and Bruno,

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Since Spitzer and Bruno are notlikely to be talking to each other,

Silver may end up knowing moreabout Spitzer’s thinking than

Bruno does, and more about whatBruno’s thinking than Spitzer does.


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who stopped meeting each other last year, is implicit. “The difference is: I never, in all the Pataki years, whether I agreed with the governor or not, whether I did or didn’t care

for him on a personal basis, I never let that interfere with my role as an elected leader,” he said. “I never refused to go to ameeting with George Pataki, no matter what my feelings may have been.”

Not that Silver has avoided confrontation—Spitzer has clashed with him over everything from the comptrollerselection to legislative pay raises, and Bruno has repeatedly attempted to tag him as the true root of Albany

dysfunction. Silver himself jabs the governor with a warning that some of the spending in the executivebudget will be tossed, and ribs Bruno for being off-base on policy and having only 20-minute conferencemeetings, compared to the Assembly’s, which often run more than five hours.

But the speaker will not say whether he likes or dislikes the two of them, or whether he thinks they likehim. At this point, personal feelings are irrelevant, he says.

“I get along with both of them. I think I have to get along with both of them,” he said. “It’s not a mat-ter of ‘like.’”

Nonetheless, he is fully aware of where things stand. Still avoiding discussing Spitzer and Brunodirectly, he calls himself the negotiator, the peaceable middle ground.

“What’s important is: I think they all know me, they know who I am, they know that I don’t discloseconfidentialities between the two of us, whichever two of us,” he said. “And sometimes I’m able tobridge a gap.”

ilver often likens the Democraticconference to a union. He is theshop steward, he says, a pure func-tionary and representative of hismembers’ collective will. Going into

the months ahead in Albany, he says he plansto do only as they want.

But what they want, according to severalmembers, is to see him use the fight over theSenate to his and their advantage with thebudget and legislation. Where otherwisethere might have been more compromises, Assembly Democrats are looking to be more assertiveabout their agenda.

Assembly Member Sam Hoyt (D-Erie) said he and other Democrats will push even harder forthe Assembly to take the lead on the budget. Even the strongest Spitzer supporters among the

Assembly will not be satisfied with simply signing off on the governor’s executive budget. “We’ll be more aggressive,” Hoyt said. “There are some strong opinions about the budget pro and

con, and I don’t think there’re many Democrats in the Assembly who are prepared to say pass thatbudget as proposed.”But the budget will be just the beginning of what the Democratic conference is likely to lean on Silver

to demand, said Assembly Member Adriano Espaillat (D-Manhattan). Silver’s members will be looking formore funding for public schools, higher education and healthcare, Espaillat said, but they will also be reluc-tant to compromise on provisions of their bills.

“If we go into conference committees, given the political situation confronting the Senate and theAssembly, we in the Assembly will be in a better position to negotiate this time around,” he said. “Clearly,you can negotiate better when you’ve got a weaker counterpart.”

Plus, Espaillat predicted, endangered Senate Republicans interested in appealing to Democratic votersmay simply introduce Assembly bills in the Senate, giving the Assembly Democrats even more of a lead inpassing their agenda into law this session.

“There’s no question that the slim majority in the Senate opens the window to opportunities,” Espaillatsaid.

Characteristically, Silver avoids revealing where he stands on many major issues. Wicks Law may be recon-sidered this year. Article X, too. Perhaps. He would like to see more movement on a public campaign finance sys-tem, on which he introduced a bill 20 years ago, and on Ground Zero redevelopment, which would transform ahuge part of his district. The time for universal pre-kindergarten, he says, has come. The Assembly will keep fund-

ing for its priorities in the budget, he said, even if that means tossing out some of the governor’s or the Senate’s. Silver remains non-committal on New York City Mayor Michael Bloomberg’s congestion pricing proposal, which

both Spitzer and Bruno have backed, and which the Legislature must approve by March 31 if the city is to qualify forfederal funding. Especially with the stark forecast in the MTA’s five-year draft capital plan, he believes that first priority

should go to the projects which were initiated first—including the Fulton Street Transit Center, which is in his district, theSecond Avenue Subway, which ends in his district, and East Side access to the Long Island Rail Road.

But, he insists, he supports government intervention on congestion. That sets him apart from many of his colleagueswho will eventually have a vote on Bloomberg’s plan, he says.

“I would say I’m significantly in the minority among all those elected officials in recognizing that something has to getdone,” he said, “whether it’s the mayor’s plan or something else.”

Other options, he says, may not have been sufficiently explored. As the legislative wrangling continues, and the Spitzer-Bruno fight wears on, Silver is expecting a lot of phone calls from

the governor and the majority leader, each trying to convince him to support one bill or oppose another. He will take alltheir calls. He will listen to what they have to say. And since they are not likely to be talking to each other, Silver may end

“What’s important is: I think they allknow me, they know who I am, they

know that I don’t disclose confidentiali-ties between the two of us, whichever

two of us,” Silver said. “And sometimesI’m able to bridge a gap.”

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up knowing more about Spitzer’s thinking than Brunodoes, and more about what Bruno’s thinking thanSpitzer does.

Then, when Silver is ready, he will guide the discus-sions, wringing out the maximum advantages that hecan get.

Silver acknowledges that the fight between Spitzerand Bruno will play a strong role in what he is able todo.

“It’s all,” he said, “part of the negotiating process.”But he will be careful not to overplay his hand. “There’s no guarantee that the other party, whichev-

er way we go, would approve it,” he said. “And it takesthree to tango. You can’t have two without the thirdone.”

ne more seat—or two, depending on whois interpreting the State Constitution—and the Democrats will hold the majorityin the upper chamber for the first time infour decades. Silver declines to say

whether he will miss serving alongside Bruno, lettingloose only that there are many people he has servedwith over the years. Former Gov. Mario Cuomo, he said,had a fiery intelligence that has been lacking in Albany.

Life without Bruno may come, and soon. But until itdoes, Silver says he will not speculate on what thatmight mean for him, for the Senate, or for life in theCapitol overall.

“We’ll deal with that when it comes,” he said. He doubts, though, it will come before November,

despite Democratic efforts to grab control early by win-ning another potential special election or flipping one ofthe GOP members.

If the Democrats do take the majority, SenateMinority leader Malcolm Smith (D-Queens) will be inline for Bruno’s chair.

Asked whether he thinks Smith would do well asleader, Silver again avoids a definitive answer.

“He’s been doing fine as minority leader,” Silver said.

Some have speculated that Smith mightface a challenge for the job of majority leader.Whether out of some interest in this specula-tion, or a characteristic unwillingness tomake public commitments before forced,Silver declines to say whether he thinks Smith has whatit takes to be a good majority leader.

“I think there are a lot of people who have the stuff,”he said. “If his members decide to elect him, I’m surehe’ll be able to do the job.”

As for the Assembly Democrats re-electing him asspeaker, Silver said he is confident in his chances.Change may be in the air in Albany, but Silver, who isone of the longest-serving speakers—the longest-serv-ing Democrat, he points out—is, at 64, just getting start-

ed. The speaker avoids straight answers about many

things, but not when confronted with the whispers thata Democratic takeover in the Senate might get somethinking about a coup against him. Asked whether he isconcerned about being forced from power, Silveranswers quickly and forcefully.

“Not at all,” he said. But that is all months down the line. First, there is a

budget to pass—and by the March 31 deadline, hehopes—and a lot of legislation to settle. He issues

another vague and indirect warning. “Having a timely budget and addressing the needs of

the people ultimately comes into the political season,”he said. “If you don’t get the results of accomplishingthese things, the political process will punish you as anelected official.”

When the time finally does come for him to considerpolitics, the fate of the Senate Democrats will not beforemost in his mind. He has his own re-election toworry about—though, despite his two primary chal-

lengers, he remains fairly confident. That could leave him with time to spare in the fall. If

necessary, he said, he will use some of it to campaign forhis own senator, Martin Connor (D-Manhattan/Brooklyn).Campaigning for other Democratic Senate candidates isnot on the agenda.

That, after all, is not part of his job. “I believe my function is, number one, to campaign

for Sheldon Silver,” he said, “and number two, for theDemocratic members of the Assembly.”

[email protected]

“If we go into conference committees, given thepolitical situation confronting the Senate and theAssembly, we in the Assembly will be in a better

position to negotiate this time around,” said AssemblyMember Adriano Espaillat. “Clearly, you can negotiate

better when you’ve got a weaker counterpart.”

Assembly Speaker Sheldon Silver will be followingdevelopments in Albany very closely, watching forwhat that means for his own role in negotiations.

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Would congestion pricing gut the state’s environmental laws, as some assert?The legislature’s Traffic Commission calls for an Environmental Impact Statement (EIS), to focus on neighborhood-level impacts andto be completed before congestion pricing starts. Traditional EIS review stops when a project is built, but the Commission went further: it requires environmental monitoring and mitigation even after congestion pricing starts. This is powerful protection for localneighborhoods. The Commission proposal is the result of detailed analysis of over 30 alternatives and modifications reviewed in 14public hearings. The best traffic models available today found clear air quality and traffic reduction benefits. The neighborhood-levelEIS the Commission calls for will supplement this review with detailed modeling of mitigation alternatives. Congestion pricing deliverstraffic decreases in every borough. For example, under the Commission’s proposal, congestion is expected to drop 39% in westernQueens, as through-traffic headed to the central business district decreases. When traffic levels on our streets go down, that’s goodfor our lungs and the climate, and the improved mobility is good for the economy.- James T. B. Tripp, General Counsel, Environmental Defense – www.edf.org

How do we make sure revenue from congestion pricing is actually spent on transit? We all know stories about money collected by state and city government that didn't go where it should have. Like Lotto proceedsintended for improving schools. We always have to be vigilant about the difference between government promises and its performance.But there is a good track record here. For 25 years, billions of tax dollars dedicated to transit have in fact gone to transit. With theright legal safeguards and with the right oversight - congestion pricing money will be spent on the right projects.- Gene Russianoff, Senior Attorney, NYPIRG/Straphangers Campaign – www.straphangers.org

Is congestion pricing regressive and unfair to lower-income and middle-class New Yorkers?No. The truth is, most low-income and middle-class New Yorkers will not pay the congestion charge, but will benefit from the policy.After a thorough survey of the existing research, The Drum Major Institute for Public Policy finds that most low-income and middle-class New Yorkers don’t drive to work in the congestion pricing zone at all: overall only 5.2% of working New Yorkers do. Of the smallpercentage of people that do drive, the overwhelming majority choose to do so despite having mass transit options. 80% currently havea transit option available that would add less than 15 minutes to their one-way commute. Moreover, if the legislature chooses, it canmodify tax policy to mitigate the impact on the very small number of lower income drivers without transit options. Meanwhile, congestionpricing revenues will be used to fund transit improvements in areas which currently have the fewest options, predominantly neighborhoods of the city’s current and aspiring middle class. - Gene Russianoff, Senior Attorney, NYPIRG/Straphangers Campaign – www.straphangers.org

Is congestion pricing going to increase traffic and health burdens in neighborhoods alreadyoverburdened with pollution and asthma?Low income communities that have served as the reluctant hosts to NYC's polluting infrastructure and highways stand to benefit themost from congestion pricing. In Sunset Park, for example, the Gowanus expressway has over 125,000 cars and over 20,000 truckspass through Sunset Park, Brooklyn on a daily basis. The majority of Lutheran Medical Center's asthma discharges live along thiscorridor. Congestion pricing will reduce the number of vehicles coming through the Gowanus and other working class communities

from Western Queens to Harlem, directly benefiting the local residents’ environment while also funding new transit options.- Elizabeth Yeampierre, Co-Chair, The New York City Environmental Justice Alliance – www.nyceja.org

Are there other alternatives that would work better than congestion pricing to reduce traffic and raise needed funds to improve transit?No alternatives can achieve both goals. Some have suggested stricter enforcement and higher traffic fines, but that will do little to reducecongestion except in some isolated locations. And if violations diminished, so would the revenue needed to improve transit. Othershave said we should raise the money for transit by increasing the number of parking meters and the rates charged. This too might raisesome money - but not enough. Let's face it. Congestion pricing is the way to do the job; charge those who can most afford it - andthen let’s dedicate the money to make transit a more attractive option. - Jeff Zupan, Senior Fellow, Transportation, Regional Plan Association – www.rpa.org

Questions about congestion pricing? Trusted experts weigh in…

www.bettertransit.org


BY JOHN R.D. CELOCK

NATIONAL DEMOCRATS ARE TAR-geting every House Republican in

New York. Every one, that is, except for Rep.

Peter King (R-Nassau). Democratic Congressional Campaign

Committee chair Rep. Chris Van Hollen(D-Maryland) and Rep. Steve Israel (D-Suffolk), the DCCC Northeast coordina-tor, made clear at a February event dis-cussing Democratic prospects that find-ing a challenger for King was not high ontheir radar. This follows 2006, whenDemocrats heavily promoted King’s thenopponent, Nassau County LegislatorDave Mejias, who came up short in therace.

Mejias, widely viewed as the topchoice for Democrats, has decidedinstead to challenge State Sen. KempHannon (R-Nassau).

With growing Democratic enrollmentacross Long Island, King’s seat would bea natural extension of Democratic gainsin town and county races across theIsland.

But Israel insisted that the lack of anopponent for King was not due to a short-age of effort by the DCCC.

Israel said the group had identifiedtwo different candidates for the seat:Babylon Town Supervisor Steve Belloneand Suffolk County Legislator LouD’Amaro. Both traveled to meet withDCCC officials in Washington beforedeclining to make the race.

“Both of them would have been strongcompetitors, but both decided to notmake the race,” Israel said.

Bellone could not be reached for com-ment, but Israel explained that Bellone’swife recently had a baby which wouldhave precluded him from making thetime commitment necessary to make therace.

D’Amaro said he decided to pass onthe King challenge because he has onlybeen a county legislator for three yearsand has been busy focusing on countyissues. As the head of the county legisla-ture’s Ways and Means Committee, fiscalissues have been dominating his agenda,D’Amaro said.

D’Amaro does not think that theDemocrats will be able to defeat Kingthis year. He noted that the eight-termcongressman is well known in the districtand has been raising money for the 2008contest since the day after he won re-election in 2006. As of the end of last

year, King had raised over $600,000 andhas about half of that money on hand.

“The national party will be more con-cerned with retaining the seats they wonand the open seats,” D’Amaro said.“Given the strength of Peter King infundraising and enrollment, I can’t imag-ine this would not be a priority for thenational party.”

Israel disagrees and believes the Kingseat will be winnable for a Democrat, ifand when a candidate emerges.

“The Democratic tide is strong rightnow,” Israel said. “A candidate with fund-

ing, message and organization can win.”King, for his part, said he has been

anticipating a strong Democratic oppo-nent after the Mejias challenge from twoyears ago. Mejias was heavily promotedby local and national Democrats in hisrace and viewed by many as having astrong chance to win.

But on election day in 2006, asDemocrats around the country tri-umphed, King won re-election by 12points.

King said he has been continuing to bevisible in his district and has not put toomuch thought into why Democrats cur-rently lack an opponent for him.

“When the news is going well for you,I try not to analyze it that much,” Kingsaid.

With a potential Democratic takeoverof the State Senate on the horizon, theredistricting of the state’s congressionalseats after the 2010 census takes on moreimportance. With New York projected tolose between one or two seats, alongwith the potential for all Democratic con-trol of the redistricting process, somehave speculated that Democrats mayspare King tough challenges this year andin 2010, then redraw his district after thenext census to be a Democratic one intime for the 2012 election.

King acknowledged these possibili-ties.

“I’d much rather have a RepublicanSenate,” he said, “when it comes to redis-tricting.”

[email protected]

Direct letters to the editor to

[email protected].

For Pete’s SakeAs two Democrats pass on ‘08 Kingrace, DCCC ponders waiting until 2012

Rep. Peter King seems poised to bethe only unchallenged HouseRepublican in New York.

Serrano Bill Would Make New York America’s First Sanctuary State Proposed legislation to expand and extend reach of New York City’s Executive Order 41

BY CARL WINFIELD

NEW YORK ALREADY HAS 10 SANC-tuary cities for illegal immigrants.

Now State Sen. José Serrano (D-Manhattan/Bronx) wants to extend theselaws’ reach and make all of New York asanctuary state.

Serrano has introduced a bill that wouldmake it illegal for state employees to dis-close the status of any ille-gal immigrants theyencounter while on duty.The bill, modeled on NewYork City’s Executive Order41, would make New Yorkthe first sanctuary state inthe nation.

A study last summer bythe Federation forAmerican ImmigrationReform (FAIR) found thatillegal immigrants—ofwhom there are an estimated 1.1 million inNew York currently—could cost New YorkState alone $9 billion by 2020. This costwould be for providing emergency housing,education and medical care, but does notinclude potential costs involved with trying

and incarcerating any illegal immigrantswho commit crimes.

Serrano does not expect the bill to pass.But immigration reform is a necessity forthe more than 300,000 foreign-born resi-dents in his Senate district who travel toparts of New York State that lack sanctuarylaws, Serrano said.

“These people came here to createopportunities for their children,” Serrano

said. “And they risk being deported everytime they leave New York City.”

Currently, 130 American cities havesanctuary laws. Advocates argue that theseincrease reports of violent crimes amongillegal immigrants and help them gain

access to emergency care. New York City’s version—which was rat-

ified by Mayor Michael Bloomberg in 2003,but was originally proposed by Mayor EdKoch (D) and allowed to continue underMayor Rudolph Giuliani (R)—allows any-one, even those in the country illegally, toreport crimes or seek medical care withoutfear of facing deportation.

In addition to widening the geographicalscope of the sanctuary laws,Serrano’s bill makes an importantchange by making its provisionsactive, rather than passive. NewYork City’s Executive Order 41states that police officers, firefighters and medical professionalsdo not need to disclose confiden-tial information to any state orlocal authority without that per-son’s permission, unless thatinformation is necessary for acriminal investigation. Serrano’s

sanctuary state bill makes disclosure bystate employees illegal and imposes a fineon state agencies which employ violators.

Assembly Member José Peralta (D-Queens), a supporter of Serrano’s bill, saidhe believes Senate Republicans will block

the legislation. “They have an agenda and they’re going

to fight,” he said. New York City is just one of the state’s 10

sanctuary cities. The rest—Bayshore,Central Islip, Riverhead, Shirly and Mastic,Brentwood, Farmingville, Westbury, SpringValley and Uniondale—are all on LongIsland, and all within the Senate districts ofCaesar Trunzo (R), Kenneth LaValle (R),John Flanagan (R), Thomas Morahan (R),Carl Marcellino (R), Kemp Hannon (R) andOwen Johnson (R).

Though he acknowledges that his billmay help some illegal immigrants, Serranoinsists that he does not support illegal immi-gration. In his view, the bill simply enablesillegal immigrants to approach police andcity workers whom they usually view withsuspicion. And he says that ultimately, asanctuary law could encourage illegalimmigrants to come out of the shadows.

“Illegal immigrants are more likelyto pursue a path to citizenship if theyknow that they can talk to someone inauthority,” Serrano said. “It’s morelikely that they will do that if theyaren’t afraid of being deported.”

[email protected]

In addition to widening thegeographical scope of the

sanctuary laws, Serrano’s billmakes an important change

by making its provisionsactive, rather than passive.


Court Decision Forces New York to Hold GayMarriages, Though Still Not to Have ThemAppellate ruling could provide precedent, impetus for legislative action

BY RACHEL BREITMAN

LAST MONTH, THE APPELLATE

Division of the State SupremeCourt unanimously found Patricia

Martinez’s 2004 Canadian marriage to herlesbian partner to be valid in New York.

For some gay rights advocates, thatdecision, which forces New York State toacknowledge same sex marriages per-formed elsewhere, felt something likeentering a mansion through an open win-dow: while the decision offered access toprivileges and responsibilities many gaycouples had fought hard for, it stilldenied them a New York wedding.

“It was a step in the right direction,”said Alan Van Capelle, executive directorof Empire State Pride Agenda, which lob-bies for gay rights. “But it wasn’t the holygrail of decisions in this movement.”

Gay marriage advocates like VanCapelle hope the court’s Feb. 1 decisionmight nudge the state towards accept-ance, and even possibly provide impetusfor a floor vote in the Republican-domi-nated State Senate. Though the Assemblyvoted to legalize gay marriages by a voteof 85-to-61 last spring, two Senate legaliza-tion bills remained tied up in committees.

If the court decision prompts move-ment on the bills, this would hardly bethe first time the judicial branch pavedthe way for legislative action on a contro-versial and divisive issue.

“Many people in the gay and lesbiancommunity view the courts as the bestvehicle for moving their rights forward,”said Jonathan Turley, a professor of pub-lic interest law at George WashingtonLaw School. “They took this from thecivil rights movement, in which thecourts desegregated the south and thelegislature followed.”

In Massachusetts—the only U.S. statethat has legalized gay marriage—theMassachusetts Supreme Judicial Courtfound in 2003 that same-sex couples hadthe right to marry. The Bay State legisla-ture, however, voted several times onbans of same-sex marriages before pass-ing a 2007 law preventing a proposedban.

A Quinnipiac University poll of 1,083New York State voters last Decemberfound 40 percent in favor of gay mar-riage, versus 29 percent who favored civilunions and only 23 percent who opposedboth. Nonetheless, New York lags behind10 other states in legalizing civil unionsor domestic partnerships. Hernandez v.

Robles, the 2006 Court of Appeals deci-sion, overturned a New York City court’sruling, and found same-sex marriages inviolation of state law.

The recent decision could offer legalbenefits to thousands of New York statecouples while not reversing the findingsin Hernandez.

“It decided on a completely differentissue,” said Jeffrey Wicks, the Rochesterlawyer who represented Martinez in therecent court case. “It’s almost as if this

case has nothing to do with gay marriage.It has to do with recognizing marriage inother states.”

Rather than argue the virtues of samesex marriage, Wicks used a back-doormethod, relying on the long-standing tra-dition of recognizing out-of-state nup-tials, including common law marriages,

marriages of couples under 18, and mar-riages between relatives.

Legal reverberations came quickly. OnFeb. 22, Maggie Brooks (R), the MonroeCounty Executive, announced that shewould be making a motion to appeal thecourt’s decision.

“This is a clear case of misinterpreta-tion of the law,” said Brooks in a releasedstatement. “We cannot simply extendbenefits to unmarried couples, and wecertainly cannot ignore the definition ofmarriage that currently exists under statelaw.”

A rally in the streets of Rochesteropposing Brooks’ appeal followed onFeb. 25 featuring several gay rightsgroups and representatives from the NewYork Civil Liberties Union’s GeneseeValley Chapter.

Meanwhile, the Martinez case wascited in a New York State Supreme Courtdecision to allow a lesbian to sue herpartner for divorce four years after theirCanadian wedding.

The Martinez decision still leavesroom for legislators to ban gay marriage,which would invalidate these out-of-statemarriages in New York.

But such a ban seems unlikely. A 2004ban languished in the Senate without avote, and while Senate Majority LeaderJoseph Bruno (R-Rensselaer) has spokenout against legalizing gay marriage, hemade no mentions of supporting a newban.

“Senator Bruno is opposed to gay mar-riage, but he is focused on other legisla-tion right now,” said Bruno spokespersonMark Hansen.

Some in the Senate felt that the courtdecision could move Senators to vote onthe two current same-sex marriage bills.

Sen. Tom Duane (D-Manhattan),whose 2007 gay marriage bill remainsstuck in the Judiciary Committee, sug-gested that the February decision couldsway Republican senators.

“I am going to keep the heat on,” saidDuane. “If the Republicans thought thatthey would keep their majority by pass-ing my bill, they might be moved to voteon it.”

Duane will not be the only one puttingpressure on other senators.

“We now have a small army of reli-gious, labor and corporate allies who arelobbying the Legislature,” said VanCapelle. “The next step is when theSenate follows what the governor,Assembly and the courts have decided isright.”

[email protected]


[email protected]

Every year before the Gay Pride Parade, couples like this one performceremonial marriages. But a recent court decision could pave the wayto make them legal too.

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BY ADAM PINCUS

ALTHOUGH STILL CONSIDERED

something of an Albany back-water, the Assembly Real

Property Taxation committee is takingambitious steps into the territory of someof the more influential committees.

Despite its name, the Assembly com-mittee has not had much influence onproperty taxes or funding the overallstate budget. It generally focuses on tech-nical or targeted legislation, explainedcommittee chair Sandra Galef (D-Putnam/Westchester).

“I don’t think it has really ever enter-tained the issue about how we fund ourschools, how we fund our government,”Galef said, reflecting on the committee.“I have just sort of pulled it in, because Ithink it is important, and I think itbelongs in the real property committee.But other people could disagree.”

This year, Gov. Eliot Spitzer (D) didwhat executives often do with hot-but-ton issues like property taxes: he creat-ed a commission, charged with studyingthe state system in the hopes of develop-ing a tax cap to tamp down growth.

Galef has held a handful of travelinghearings and lobbied to get legislation to

her committee which addresses broadproperty tax issues, typically heard inWays and Means or Education. Her com-mittee stays focused on hundreds ofhighly specific bills, many for propertytax exemptions, Galef said.

Galef leads one of the Assembly’s 37standing committees. But the committeeholds the distinction of having the high-est ratio of women to men, with ninewomen and only one man, JamesBrennan (D-Brooklyn).

Galef became chair in February 2006after Assembly Speaker Sheldon Silver(D-Manhattan) asked her to replace for-mer Queens Assembly Member BrianMcLaughlin, who announced in January2006 that he was resigning. In October ofthat year, he was indicted on corruptioncharges.

Assembly Member Nancy Calhoun (R-Orange/Rockland), one of only twoRepublicans on the committee, is herparty’s ranking member and the commit-tee’s longest-serving legislator.

The committee is growing in influenceas homeowners call for property taxchanges, she said.

“When I first came on the committeein 1991, it was a committee no one want-ed to be on,” she said. But now, sheadded, members want to influence thedebate and “want to be on the committeethat is holding hearings.”

She said Galef has instituted a numberof changes, including limiting the time areligious institution or nonprofit couldwait before filing for an exemption inproperty taxes to three years. Some havewaited more than a decade, which shesaid was an abuse.

“Under the previous chairman therewere no parameters,” she said. “You weregiving these people a rebate that wascoming from the current taxpayers.”

Approximately 125 of the 400 bills thathave come to the committee this sessionare for such exemptions. Some 40 will begranted, Galef said.

A top issue for the committee isremoving exemptions for new condo-miniums (outside New York City) thatappear to be single-family houses but areassessed at a much lower rate.

“I am trying to look at equity and fair-ness in the taxes in the state,” she said.

Other proposals are specific to eco-nomic development projects in a singletown, which have earned them the title ofdesigner bills.

Assembly Member Aileen Gunther (D-Orange/Sullivan) said the suggestion shewould like to see the committee press forin Albany is a change in how exemptproperties are taxed. Local governmentslose revenue when properties areremoved from the tax rolls after beingpurchased by exempt religious or non-profit organizations.

One regional difference in the commit-tee is that the four New York City legisla-tors look at school funding differently,because the schools are funded heavilyby income taxes. Outside the city, there ismuch greater reliance on property taxes.

“The city does not have the sameissues as we have, so we kind of get a

:By

CommitteeAssembly Real Property Taxation

Committee chair Sandra Galef


he halls of the Capitol emptiedout in the weeks and days lead-ing up to the special election tosucceed Sen. James Wright,

with Republicans and Democrats alikedecamping from Albany to man the battlestations across the North Country.

Now that they are back, they shouldcome together to finally do somethingsignificant to reform the special electionprocess.

The call for action isnothing new: about one-third of the legislatorswere first elected in specialelections, many of thembemoaning the processalong the way and pledgingto change it once they gotto Albany.

Occasionally, bills have been intro-duced. Sometimes, they have been dis-cussed. But they have not actually beenpassed, remaining bottled in committeeas other, purportedly more pressing,

pieces of legislation have occupied theminds of leadership and rank-and-filealike.

But with seven special elections lastyear—this one, and now another one tocome for Darrel Aubertine’s Assemblyseat—the number of seats involvedshould keep anyone from dismissing ordelaying reform any longer. The questionof how people get elected is, of course,the foundation of democracy: the process

of putting people in office determines thekinds of bills introduced and passed.Though the Legislature should probablybe canceling the summer recess to act oneverything from property tax reform to are-examination of the Rockefeller druglaws, special election reform should be atthe top of the to-do list.

What reform might entail is debatable.Clearly, there need to be primaries andlowered signature requirements to makethese odd, and oddly timed, electionsaccessible to potential candidates fromoutside the local political machinery. Atthe same time, the requirements for gov-ernors calling special elections must betightened to protect against the kind ofpolitical gamesmanship that has in thepast been suspected on the second floor.

And using special elections as testcases for publicly financed races wouldnot be a bad idea either.

Some of this is included in the billAssembly Member Linda Rosenthal intro-duced following her own Feb. 2006 specialelection. (The bill was re-introduced inamended form last year.) There are poten-tially other good ideas around as well,such as Citizens Union’s idea to make spe-cial elections open and non-partisan. The

time has come to con-sider these in a real way.

There really is noquestion of who shouldlead the discussion: aspecial election reformbill should be the firstone Aubertine intro-duces in the Senate,

with Will Barclay introducing the com-panion bill in the Assembly. The morethan 70 special election veterans in thechamber could and should make up astrong coalition for change, if they areready to turn their backs on the processwhich served their own purposes so well.

Special elections have usuallyproven effective for the parties ofdeparting incumbents to make strongerplays in retaining seats. They are allabout self-preservation and politicaladvantage. As Republicans fight to stayin power and Democrats fight to take itfrom them, special election reform isprecisely the way to show that actingon behalf of the greater good of NewYorkers is more important than self-interest in power.

EDITORIALReform the Special Elections

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Despite the forced smiles and spin-doctoring going on outside theSenate majority offices last week,

there was no hiding the fact that a wakewas taking place inside. Republican WillBarclay’s defeat should be seen as thecanary in the coal mine—and the canaryhas died. If an excellent candidate likeBarclay couldn’t win in a district with a30,000 Republican advantage, a seatwhich hadn’t been in Democratic handssince 1880, in the most conservativeregion of the state, then the New YorkRepublican Party is dead. You mightquibble over technicalities while it stillofficially has a pulse, but there is no curefor this patient—it’s only a matter of timebefore the monitor flatlines.

For years, Republican leaders just keptputting on a good game face and makingexcuses for its defeats, rather than facingup to their failures. For years, they’veignored changing demographics, changingeconomic conditions and changing voterdemands. They’ve remained a members-only club for white males in the most ethni-cally diverse state in the union. They’ve

mouthed all the platitudes about being fis-cal conservatives while pulling the lever forhigher taxes, more regulation and expand-ed pensions, programs andbenefits. They’ve givenout the peoples’ moneyto individuals andunions in exchangefor contributions totheir personalcampaign coffers.And for quitesome time, theonly people they’ve fooled are themselves.

What happens to Senate Republicansnow? One or two will jump the fence andbecome Democrats, some will be defeatedin November and some will retire for ageand health reasons. With few exceptions,none of these districts have attractiveRepublican candidates waiting on thebench. Inevitably, within a year, Albany’sinfamous “three guys in a room” will all beliberal Democrats. That’s the bad news.

But that’s the good news, too. Becauseone of the most dysfunctional state govern-ments in the nation will finally have some-

one the voters can hold accountable. Thesame way Jimmy Carter’s presidency madethe Reagan Revolution possible, aDemocratic Albany will provide a once-in-a-lifetime opportunity for a crusading,reformed Republican party to rise from theashes.

New York is headed for a fiscal trainwreck. Albany can’teven pay for theprograms and pen-sions it’s alreadypromised to retiring

baby boomers, much less offer new goodiesto hand out in exchange for endorsements.It can’t borrow more money to cover thebudgetary shortfall that accountants areprojecting for out years. It can’t raise taxeswithout driving even more people and busi-nesses to quit the state. Right now, NewYork is being kept afloat by tax revenuesgenerated from Wall Street profits. But thatwill be hard to keep going in a recession.

So what do Republicans do next? First,realize nibbling around the edges won’t beenough to rebuild the party. The New YorkRepublican Party needs a major overhaul,

with new leaders and a major redirection inpolicies. Reform isn’t strong enough a wordfor what we need—revolution is more likeit if we’re ever to rise again.

The Reform Republican Party should bebuilt on three pillars:

First, a demand for ethical reform. Ourleaders may not have committed indictableoffenses, but their conduct doesn’t pass thesmell test. Reform Republicans mustadhere to the highest moral and ethicalstandards. No more pay-to-play. No moresweetheart deals. No more pork barrel pro-grams for pals. No more earmarks. LikeTeddy Roosevelt, we’ve got to clean houseand be vigilant about keeping it that way.

Second, demonstrate fiscal responsibili-ty. Democrats are traditionally the party ofbig government and high taxes. For toolong, New York Republicans have apedthem, taking the easy way out and becom-ing Democrat-Lite. Reform Republicansneed to get some guts and fight against taxincreases, gilded pension plans andDemocratic efforts to bring people onto thegovernment payroll.

Third, champion green technology andprivate sector jobs. Republicans used to bethe party of small business and entrepre-neurs. But lately we’ve forced them out ofthe state with high taxes and excessive reg-ulation. New York missed the tech boom ofthe ‘90s while neighboring Massachusettsprospered. Why? Because underRepublican Governor Weld, Massachusettscut taxes, streamlined regulations and gaveincentives for knowledge-based companiesto build in Massachusetts. Yes, this is thesame Governor Weld the New York GOPrejected for governor in 2006.

According to the most successfulinvestors and venture capitalists in thecountry, the next big engine drivingAmerica’s and the world’s economic growthwill be clean energy technology. New York’sReform Republicans should become itsleading champion and make renewableenergy the cornerstone of its platform. Butdo it the Republican way, by offering incen-tives, tax breaks and seed programs so theprivate sector does the heavy lifting. Notonly is it sound economic policy, it is alsosound environmental policy.

Out of the ashes of defeat we have agolden opportunity to rebuild a ReformRepublican party that looks to the futureinstead of the past. While liberal Democratscontrol Albany, we might not be able to setthe agenda, but we can start providing avision for when we do.

OP-EDThe Barclay Loss is Good News for Reform Republicans

BY ASSEMBLY MEMBER JONATHAN BING

The New York State Legislature andGov. Spitzer have the opportunityto take two actions in 2008 that

will preserve and expand the arts in NewYork for many years to come. First, I callupon the Senate to pass S. 1327-A/A. 272-A, my legislation that has already passedthe Assembly this year to create a check-off on State personal income tax returnsfor the New York State Council on theArts (NYSCA). Second, the Legislatureand governor should agree to increasefunding for NYSCA by $3.5 million overits current proposed level of $49 million.

We all know that in the complicatedworld in which we live, the arts play animportant part in all of ourlives. Arts and cultural per-formances serve as a place totake our minds off our day-to-day activities as well as areminder of our shared histo-ry. What is not always appre-ciated, however, is what thearts mean to New York State’s economy.Over 8 percent of jobs in New York Cityare in creative industries, and these pro-fessions are growing at twice the rate ofnon-creative professions. In fact, thecombined economic impact of just two2007 exhibits at the MetropolitanMuseum of Art in my district was $377million in spending by regional, nationaland foreign tourists, with a direct taxbenefit to the city and state from out-of-town visitors totaling $37.7 million.

Throughout this state, cultural offeringsand jobs have provided economic bene-fits to communities where other sectorsof the economy have been struggling.

Despite this extended growth in cul-tural sectors of this state’s economy,funding for NYSCA has remained stag-nant and has actually decreased over thepast two decades, when adjusted forinflation from $3.03 per capita funding in1990 versus $2.54 in 2008. Thoughresources have been limited, NYSCAgrants have been the lifeline for dozensof cultural institutions around this state,including $3.35 million in funding in 2007for the Capital Region, $1.17 million forthe Mohawk Valley, $2.29 million for theFinger Lakes, $1.90 million for the

Southern Tier and $2.68 million forWestern New York.

As the representative for Manhattan’sMuseum Mile and a member of theAssembly’s Tourism, Arts and SportsDevelopment Committee, I have securedover $1.5 million in capital funding forcultural organizations, and for every yearsince 2004 I have authored legislationthat has passed the Assembly to create avoluntary tax check-off for NYSCA. S.1327-A/A. 272-A will provide an easy way

for New York State taxpayers to supportthe arts as part of their tax paymentswithout making additional demands onstate funds.

Further, arts advocates have calledupon the Legislature to increase NYSCAfunding in the state fiscal year 2008-09budget from $49 million to $52.5 million.While this increase would only result in astate budget that would be spending just$2.72 per person this year in funding forthe arts, it will provide a boost to cultur-al institutions, from Albright-Knox ArtGallery in Buffalo to the CorningMuseum of Glass to the Parrish Museumon Long Island. It was our arts and cul-tural establishments that kept NewYork’s tourism and economy afloat dur-

ing lean economic times in thisdecade, and it is our duty to respecttheir impact by providing them withthe government funds they deserve.

Failure to increase funding forNYSCA will have a devastating effectupon many of New York State’s cul-tural institutions, as well as many

related or dependent businesses andemployees. The arts are a wonderful giftto people of all ages and backgroundswhich truly enhance our lives, and ourcommunities’ pocketbooks. The StateSenate should support S. 1327-A/A. 272-Ato increase funding for the arts in the2008-09 budget.

Jonathan Bing is a Democrat repre-

senting parts of Manhattan in the

Assembly.

welcomes submissions to the op-edpage. A piece should be maximum 650words long, accompanied by the name

and address of the author, andsubmitted via email to

[email protected] be considered.

K.T.McFarland

For the Sake of Our Economy, Increase Arts Funding

The arts are a wonderfulgift to people of all ages and

backgrounds which trulyenhance our lives—and ourcommunities’ pocketbooks.


UpandComingin the Empire State

Marc Molinaro had earned his place in state history long before 2006, when he accomplished the all-but-impos-sible—unseating an incumbent state legislator, Pat Manning, in a primary. Molinaro ranks as the one of the

youngest ever elected officials in state history: he was elected Tivoli village trustee at 19 and then village mayor at 20.He is also one of the few recent politicians to hold two offices at once, having doubled as a Dutchess County legis-lator and mayor for six years.

Molinaro sees his Assembly service as a continuation of service in village and county government. He is quick topoint to his work on property tax issues at both of those levels and how Albany needs to address these issues as well.He notes that he worked on open space preservation, economic development, child abuse and public safety issues atthe local level and has made them a party of his Albany agenda.

But before addressing many of the issues on his plate, he is intent on changing the state property tax system in aneffort to reduce property taxes statewide. This is at the root of many other problems, he said, notably education.Molinaro said he has heard of many school budgets being voted down by senior citizens who oppose local propertytax hikes.

Having started his public career at a young age, and unseated an incumbent in a primary, Molinaro is widely consid-ered a future candidate for higher office in the Dutchess County region. He does not do anything to cool that speculation.

What is your biggest accomplishment in office so far? “In my first year as an Assembly member, I was aco-sponsor of the aggravated vehicular manslaughter with regards to DWI. Being a co-sponsor of civil confinementof sexual predators, I am proud of. Over my entire career, I led the reform of child protective services in DutchessCounty. That’s a proud achievement.”

What do you want to accomplish in the next two years, governmentally and politically? “Property taxreform. If we can’t provide property tax reform, we have let the citizens down. I hope we can have an open debate on this.”

What are the top challenges facing New York State right now? Property tax reform, economic develop-ment, shift fiscal burden off of local government, Make government more efficient, re-evaluate the fiscal structure ofstate government.

Marc Molinaro (R)Assembly Member

Age: 32

After working for Rep. Nita Lowey (D-Westchester) for five years as her district scheduler and deputy districtdirector, Ed Brancati was elected as the sole Democrat on the Town Board in a 2006 special election and last

year was elected town supervisor, helping to usher in the second-ever Democratic majority in Lewisboro history.Brancati did not plan on being in town government when he left Lowey’s staff in 2006. He originally planned on

challenging State Sen.Vincent Leibell (R-Putnam), but abandoned that race when a stronger Democratic challengerentered. After the only Democrat on the Lewisboro board resigned with 14 months remaining on his term, Brancatireactivated his campaign structure and jumped into the race, winning the term.

Brancati talks passionately on local issues, including trying to boost cellular phone coverage for his Westchestercommunity and drafting a new storm water management plan for the town. During his 14 months on the town coun-cil, he said, he focused on non-partisan issues like storm water management and emergency preparedness, since get-ting more accomplished on these issues was possible.

Having won three races in a year, Brancati said that while he is flattered to be considered a future candidate forhigher office, his focus is only on being a full-time supervisor.

“I have a great job now,” he said. “I want to do this job well and do it right.”

What is your biggest accomplishment in office so far? “The biggest accomplishment is the creation ofour emergency management plan and the passage of two storm water ordinances. I have written a draft emergencymanagement plan for the town and we are editing that now. And we have a draft RFP out for cell towers in the townto site them on town land.”

What do you want to accomplish in the next two years, governmentally and politically? “Thebiggest goals right now are getting the cell tower and getting the emergency management plan in place and gettingADA compliance on town buildings.”

What are the top challenges facing New York State right now? Property tax relief, keeping young pro-fessionals in the state, making towns affordable for volunteer emergency services personnel, public education fund-ing, reforming state public authorities

Ed Brancati (D)Lewisboro Town Supervisor

Age: 32

Their constituencies are often spread across many miles, but that has notstopped the next generation of New York State’s elected leaders from makingthemselves known and prompting intense speculation into their political futures.

The Capitol has identified five of the most promising up-and-comers in

each of the state’s seven regions outside of New York City and will profileeach in this ongoing series. Ages were not taken into account in the devel-opment of these lists. What matters here is potential, which everyone in thisgroup has in abundance.

HudsonValley region

The statewide attention Greg Ball has generated in his two years in Hudson Valley politics—much of it due to hisfloor speech early last year denouncing the process by which Tom DiNapoli was selected as comptroller—may

not help him in the clubby atmosphere of Albany.But Ball relishes the attention and the infamy his early denunciation of the Legislature and his colleagues gener-

ated. He said he was sent to Albany to fight for a change in the culture of government and intends on concentratingon these issues. While this may have caused colleagues to question his sanity at times, he plans to stay on course.

“We need nothing short of a revolution in Albany,” Ball said. “I wasn’t sent here to make friends. I have plenty offriends. I don’t live for the appreciation of my colleagues.”

Ball’s outspokenness spares no one.When discussing an array of federal issues impacting the state, he has no prob-lem taking on the national leader of his own party.

“Outside of Jerusalem, we are the number one terrorist target,” Ball said with regards to homeland security fund-ing. “The president and Congress have left New York out in the cold.”

While Ball passed on suggestions that he challenge Rep John Hall (D-Westchester) this year, he said he is inter-ested in seeking higher office sometime in the future. While declining to specifically announce a campaign forCongress, Ball noted his interest in the international issues that only a congressman can address.

What is your biggest accomplishment in office so far? “I would point to the driver’s license proposal thatwe killed. The illegal immigrant issue was important to my campaign.”

What do you want to accomplish in the next two years, governmentally and politically? “My goalis to work with local governments throughout the state, to get them signed up for the homeland security initiative todeport illegal aliens and to see the school tax cap become law.”

What are the top challenges facing New York State right now? More homeland security funding target-ing first responders, reform Albany, make the state business-friendly.

Greg Ball (R)Assembly Member

Age: 30

REGION DESCRIPTION:The Hudson Valley is one of the state’s most affluent regions, from the rolling hills of

Westchester to the riverfront estates of Nyack to the estates dotting Dutchess County. Thiswas the home turf of Franklin Roosevelt, but the area has been one of the most reliablyRepublican throughout the years in New York— Roosevelt’s 1910 win for a State Senateseat was considered a rare Democratic pickup in the region.

The area has been transformed in the past decades, with country estates and rollingfarmland replaced by suburbs lining the Taconic Parkway. Urban areas continue to dot theregion from Yonkers to Poughkeepsie to Peekskill, with both Indian Point and West Pointon the horizon, though traces of the rural past persist in northern Westchester, aroundYorktown, and in other northern and western parts of the region.

Democrats are on the rise in Westchester, taking a veto-proof majority in the county leg-islature and capturing all countywide offices (not to mention Chappaqua, where a certainpolitical power couple makes its home). The last member of the Spanos, long considered

the ruling Republican clan, in elective office, Assembly Member Mike Spano ofYonkers, last year switched to the Democratic Party. The switch was widelyseen as helping lay the ground work for a mayoral run—as a Democrat, polit-

ical observers reasoned, Spano would be a long shot for the job.

By John [email protected]

Photos by Barry Sloan


After her narrow loss to Republican State Sen. Nick Spano in 2004’s most contested Senate race, Stewart-Cousinswon her hotly-contested rematch in the premier race of 2006. Going into her first Senate race as an incumbent,

she finds herself in an unfamiliar role: not only is she a frontrunner, but she is a frontrunner without a strong chal-lenger.

Stewart-Cousins entered the Senate following stints as a Westchester County legislator and community affairsdirector for Yonkers. During her career as a county legislator, she chaired the body’s legislation committee, where sheauthored the county’s human rights laws. She said she views her Senate career as a continuation of her work in coun-ty government, with a focus on education, health care and economic development.

Most expect her to breeze to re-election this year, especially as another rematch with Spano seems ever less like-ly. Democrats are dominant in the formerly Republican bastion of Westchester, where even Spano’s own brother,Assembly Member Mike Spano, is now a Democrat.

But re-election is her only concern for the moment.Yet to complete a full term in the Senate, she said she has nothoughts of seeking a higher office.

“When I was a little girl I never dreamed of being a senator,” she said. “I grew up in a housing project and couldhave easily ended up a statistic.”

What is your biggest accomplishment in office so far? “Despite the Berger Commission report, the DobbsFerry Community Hospital will remain in service and remains an important piece of a network of hospitals in theregion.”

What do you want to accomplish in the next two years, governmentally and politically? “I do wantto continue to create economic opportunity in New York State and make sure people have jobs, that the quality ofeducation is excellent and we find new ways to fund education, and that people have access to affordable, qualityhealthcare.”

What are the top challenges facing New York State right now? Property tax reform, economic growthand opportunity, quality and accessible health care

Andrea Stewart-Cousins (D)

State SenatorAge: 57


UpandComing in the Empire State

Safety SergeantNot Free to TalkAbout SafetyRuotolo v. City of New York Decided by: Second Circuit Courtof Appeals, Feb. 6

Existing interpretations show thatthe First Amendment prohibits gov-ernment employees from being firedfor speaking out on matters of publicconcern. But the 2006 Supreme Courtcase Garcetti v. Ceballos created anexception to this rule, holding that thegovernment could fire people for speak-ing out if making statements is part oftheir job. In Ruotolo, the Second Circuitapplied that exception in New York.

Sgt. Angelo Ruotolo was the trainingand safety officer at the 50th PolicePrecinct in the Bronx. He sued the NewYork Police Department, claiming that hewas forced into retirement as a result ofunhappiness over a report he preparedwhich detailed various health concernsat his precinct. But because the reportwas prepared as part of his official NYPDduties—his superiors asked him to inves-tigate health risks at the precinct—thecourt ruled that Ruotolo’s report was notprotected by the First Amendment.

The court also gave a second reasonfor denying Ruotolo’s claim, further nar-rowing the scope of speech protected bythe First Amendment in New York. Whileacknowledging that the public has a gen-eral interest in the fair treatment of policeofficers, the Second Circuit court decidedthat general interest does not equal pub-lic concern. The court determined thatRuotolo’s health and safety report onlybecame public in the course of his law-suit against the NYPD, and since the law-suit sought relief only for Ruotolo—andnot all the police officers in hisprecinct—the court ruled the lawsuit andthe underlying report private matters notprotected by the First Amendment.

Freedom Limited forFree PressLearning Annex Holdings, LLCv. Gittelman Decided by: New York State SupremeCourt, First Department, Feb 5

The availability of free newspaperscould be significantly curtailed shouldmore people decide to act like MartinGittelman. Gittelman decided that freenewspapers and literature contributed tolitter around his Manhattan neighbor-hood, so he put every copy of TheLearning Annex brochures from thecompany’s nearby street boxes in thegarbage.

The Learning Annex sued Gittelman,but the court dismissed its claims.Gittelman was entitled to throw awayany and all copies of a free publication ifhe desired, the court stated.

By dismissing the Annex’s claim ofinterference with prospective customers,the court set a standard that requirespublishers to show specific people whomight have obtained the free literaturehad it been available. But the courtdeclined to explain how to prove orlocate such passers-by.

In her decision, Judge Joan Maddenwrote, “no reasonable jury could con-clude that the defendant was motivatedsolely by disinterested malevolence.”

Since Gittelman actedbecause of litter concerns,other justifications forthrowing away free publica-tions might be malevolentand thus illegal. Maddendeclined to define or giveexamples of which actswould constitute malevo-lence.

The court also does notaddress whether advertisers

in The Learning Annexbrochure have a claim against Gittelman.Only the Annex was a plaintiff in thislawsuit.

On Literacy, the JuryCan Stay OutPeople v. Arguinzoni Decided by: New York State SupremeCourt, Fourth Department, Feb. 8

A New York court has ruled thatjurors are more than capable of passingjudgment, whether or not they can read.

Ramon Arguinzoni appealed his con-viction for robbery in an Ontario Countycourt on the grounds that the forepersonof the jury that convicted him could nei-ther read nor write. The court ruled thatNew York law only requires that jurorshave the ability to communicate inEnglish. Here, the foreperson could bothlisten and speak, which was enough tomeet the court’s definition of communi-cation. The court upheld Arguinzoni’sconviction.

Prosecutors and defense attorneysboth generally prefer jurors who areignorant of the law, but it is unclear ifilliterate jurors would disproportionatelybenefit either defendants or the state. InArguinzoni, both attorneys knew thatthe juror in question was illiterate beforethe trial began, yet neither side objectedduring the initial criminal proceedings.

Evidently,Fingerprints Are Notthe Same as DNAPeople v Rawlins & People v.Meekins Decided by New York Court ofAppeals, Feb. 19

In a decision that sets New York crim-inal law apart from many other states,the Court of Appeals has instructed trialjudges to regard fingerprints and DNA asfundamentally different types of evi-dence. The court ruled that fingerprintsare subject to the defendant’s SixthAmendment right to confront accusers—in this case the person who prepared thefingerprint report—while DNA evidencecan be submitted without an opportunityto cross-examine the DNA analysis tech-nician.

Because state prosecutors argued thesame point in both cases, the Courtanswered both Rawlins and Meekins inthe same decision.

The state argued that fingerprints andDNA reports should both be treated asrecords not necessarily prepared exclu-sively for criminal prosecution. TheCourt rejected this idea.

In Rawlins, the Court was concernedthat a fingerprint analyst could be pres-sured to find a match between a crimescene fingerprint and the fingerprint of adefendant already in custody. However,in Meekins, the Court found that theprocess for analyzing DNA evidencecould not be influenced by an aggressiveprosecutor or police officer eager for aconviction.

This makes for a different standardthan those of neighboring states, rare forlaws governing evidence. This, in addi-tion to convoluted logic like that used inthe decision, often leads to cases goingto the Supreme Court.

—Elie [email protected]

POINTCase

in

Major Court DecisionsImpacting New Yorkers This Month

Aveteran of Rep. Nita Lowey’s political boot camp for Westchester Democrats, Noam Bramson entered elective officeat 26, winning election as a city council member in New Rochelle. After 10 years on the council, Bramson was

appointed the city’s mayor in 2006 when his predecessor became county clerk. He later won a 2006 special election anda 2007 election for a full term as mayor.

Bramson has tried to establish himself as a leader for the urban suburbs of New York City. He cites economic devel-opment of his community’s downtown and the refurbishment of nine miles of shoreline as top issues and top priorities,while also speaking in depth about the preservation of the character of his city’s neighborhoods.

Bramson is a political veteran already, having been with Lowey in multiple capacities since joining her soon after fin-ishing graduate school in 1992. While no longer on her staff, he currently does consulting work for her. WhenWestchester politicos mention Bramson, Lowey’s name is frequently mentioned too.

With a long history in Westchester politics and his close connection to Lowey, some have mentioned Bramson as thecongresswoman’s eventual successor. Bramson, though, says his focus is on New Rochelle, not Washington.

“I am honored and flattered to be thought of in those terms, but I have devoted no energy to that subject,” he said.“I have been mayor for two years and am focused on our local challenges.”

What is your biggest accomplishment in office so far? “I think we have made substantial progress in therestoration of our waterfront.We are pursuing a 20 acre redevelopment. It will represent the most significant project inNew Rochelle’s modern history. It will have a far reaching impact for our quality of life.”

What do you want to accomplish in the next two years, governmentally and politically?“Governmentally, my goals are to continue to strengthen our downtown economy, preserve our environment, protectthe quality of life in our neighborhoods and promote public safety. Politically, I will do everything possible to put aDemocrat in the White House.”

What are the top challenges facing New York State right now? Property tax reform, education, environ-mental sustainability.

Noam Bramson (D)Mayor of New Rochelle

Age: 38

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POLITICS • POLICY • PERSONALITIES


The Way to Reach Elected Officials

Look who’s readingThe Capitol...


ASSEMBLY MEMBER GREG BALL (R-CARMEL)knows a few things about the pitfalls of the

Internet. In 2005, Ball unseated incumbent Willis Stephens

after the two-term Assembly member accidentally post-ed an email to a community listserve, calling his con-stituents “idiots.”

Ball said he thinks of himself as a bit web-savvierthan Stephens, or, for that matter, most of his colleaguesin the Assembly.

On his blog, Ball4NY.com, Ball posts a variety of arti-cles, addressing his efforts to stem illegal immigrationto his thoughts about the opening of a new pastry shopin Brewster, N.Y.

Ball and fellow Assembly Republican andMinority Leader Jim Tedisco (R-Saratoga/Schenectady) are a rarity inAlbany—politicians who blog.

“It’s the technology of the present,” saidTedisco, “and probably the future.”

TediscosTake.blogspot.com features thesame sort of press release-style posts as Ball’sblog, as well as several short video clips of the minor-ity leader, seated in front of a wall of legal-lookingbooks, as he assails Speaker Sheldon Silver (D-Manhattan) on property taxes or Gov. Eliot Spitzer (D)on the budget.

Though one of the web formats used by manyRepublican senators includes a “Senator Blog” feature,few make much use of the function, which allows onlyone post a time. Sen. Owen Johnson’s (R-Suffolk) postfrom Jan. 2 is two sentences about his agenda on prop-erty taxes and school aid, whereas Sen. GeorgeMaziarz’s (R-Niagra/Orleans) post from Jan. 9 is aboutnew Skybus passenger flights at Niagara FallsInternational Airport.

“Ground will be broken this spring for the new termi-nal at the airport. Forgive the metaphor, but do youthink things are ‘taking off’ for this facility and the

region?” he wrote. Johnson’s post generated three

comments, all of them supportive.Maziarz got one response, a directanswer to his question: “Skybus isa pretty solid company. It’s goodto see they’re willing to makethis investment in the Falls,”wrote Steven on Jan. 11.

Tedisco’s blog is muchmore interactive than theseand completely separate fromhis governmentwebsite.

Tedisco said bloggingenables him to get more constituentfeedback.

“Here’s a new dimension,” he said. “Get your opinionout, get your information out, and get their opinionback.”

Also, Tedisco said, the blog may help him appeal toyounger voters not normally interested in state politics.

“This is the technology that seems to be more gearedto them,” Tedisco said. “I’m not saying it’s catching onwith middle aged people and seniors.”

While only a few months old, Tedisco’s blog hasalready attracted a number of comments, ranging fromthe supportive to the mildly disagreeable.

“We’re always open to different opinions,” he said. “Itwouldn’t be much of a blog if we didn’t represent theopposing opinions.”

Ball has a different take. Though he initially allowedcomments, he has since cancelled the feature.

“I believe that having a blog that is open-ended thatallows people to post negative stuff, it can be more neg-ative than beneficial,” Ball said.

Ball said he sees a more limited role for his website,preferring to have his staff out talking to constituentsrather than behind a desk blogging. Either way, theInternet is an obvious means to get people talking aboutcertain issues, he said.

“The people who arereading the blog or typing on

the blog probably either hate youor love you,” he said. “I don’t think the

idea is to win over voters by blogging. I think theidea is to create a buzz factor on issues.”

And blogging can help the minority party, in this casethe Assembly Republicans, stay relevant, said Tedisco.

“When you have less numbers, when you’re in theminority, we don’t always win the votes,” he said. “Wehave to be imaginative in our approach in terms of com-municating and getting our ideas out there.”

Politicians dipping their toes into the blogosphere isan indication of the impact the Web has had on politicsand representation, said Gur Tsabar, co-founder of thewidely read New York political blog, Room Eight.

“It’s one of the few places that a politician can restassured that they’ll get their point out exactly how theywant to get it out,” said Tsabar.

Room Eight features several guest politician blog-gers, including State Sen. Liz Krueger (D-Manhattan)and Rep. Jose Serrano (D-Bronx).

But Tsabar said politicians who use blogs simply topost press releases are undermining the interactive spir-it of the medium.

“I think it’s a mistake to use a blog to put out a pressrelease,” he said. “The blogosphere is a human spaceand it requires human interactions.”

[email protected]


Fireside ChatroomsWeb-savvy politicians use blogs to extend their reach

divide,” said Gunther, who represents suburban com-munities.

Galef said some bills she wanted in her committeewere sent to other committees. One way she is dealingwith that is through hearings.

Frank Mauro, executive director of the nonpartisanFiscal Policy Institute, said the committee was aggres-sively reaching out to New Yorkers through the diverseviewpoints in those hearings,

“She is a very engaged legislator who is digging intoa lot of interesting and important issues,” he said.

Galef said she wants to get more into the schoolfunding issues in her committee. But given therestraints of her power in the committee, she does nothave the final word on that.

“I don’t direct where the bills go. I advocate andlobby, but they don't always come to my committee,”she said. “You have to deal with it.”

[email protected]


[email protected].

By CommitteeCONTINUED FROM PAGE 25

The Capitol and City Hallare seeking a knowledgeable

sales executive.Due to our tremendous growth over the past 12 months we are seeking to expand our team. Prior

sales experience and knowledge of New York City & State politics is a plus. Compensation includesbase salary depending on level of experience, commissions as well as bonus opportunities. Benefits

include 401k, health & dental. Only serious candidates need apply.

Please send résumé and cover letter as a PDF or Word document formatonly to [email protected].

No phone calls or faxes please.cityhallnews.com

nycapitolnews.com

BY JAMES CALDWELL

THE OUTSIDE OF THE RED BRICK APARTMENT

building at 49 First Avenue in Manhattan is largelythe same as it was when Senator Serphin Maltese

was growing up there in the 1930s and ‘40s. Looking up atthe building recently, however, Maltese pointed out onething that had radically changed about the place.

“My father was very unhappy when they raised therent from $35 a month to $38.50 a month,” Maltese said,laughing. “Can you imagine what it would be now?”

Maltese, the oldest of four children, can quicklyrecall the sights, sounds and smells of his old neighbor-hood at First Avenue and 3rd Street from more than 60years ago. In the morning, the air would smell of freshlybaked bread from the Sabrett hotdog store on the block,and the neighborhood kids would help themselves tothe buns cooling outside. Baby carriages lined the streetin front of family homes.

Across 3rd Street, his uncle had a barber shop. Nextto it was his grandfather’s shoe store. On the other sidewas Maltese’s father’s upholstery store.

The shoe store was a gathering place for neighbor-hood men and local politicians, but not because theywere cobbling enthusiasts.

“The reason we got to know so many politicians wasthat my grandfather had a giant wine vat in the base-ment,” Maltese said.

2

The wine vat turned the store into somewhat of aback-room hangout, Maltese said, with frequent gamesof poker and a game called “broom.”

“Once in a while somebody would come in withshoes, and my grandfather would say, ‘No, I don’t fixshoes today,’” Maltese said. “The shoes in the windowwere all dusty. But he had all the implements of a shoe-maker.”

In all, nearly 20 family members lived within a fewblocks, and the apartment at 49 First Avenue buzzed

with a constant flow of family and the smell of Italianfood. Italian was the only language spoken in thehouse—when Maltese applied to kindergarten, he wasturned down because he did not speak English wellenough.

“I spoke some English, naturally,” Maltese said. “Iknew all the curse words, even as a little kid. But theyrefused to take me.”

That year Maltese’s mother set down a new rule thateverybody had to speak English. To help himself along,Maltese listened to radio programs.

2

Maltese clearly remembers the ethnic map of his oldneighborhood. From 1st Street to 7th Street was Italian

and Jewish, from 7th Street to 10th Street was Polishand from 10th Street to 13th Street was Ukrainian.Despite those demarcations, however, there was a senseof unity in the largely immigrant population.

“The neighborhood was very tolerant,”Maltese said.

He reflected on the diversity. “You could very well grow up

here and never speak English,”he said. “It was very insulated.There were people here thatnever went out of the neigh-borhood.”

The oldest of four,Maltese remembers ventur-ing out of the neighbor-hood more than his sib-lings. He was often at thelibrary on 5th Street, andwas a member of a boys clubon Ave A and 10th Street.

Politics permeated theneighborhood when Maltese wasyoung. The Democratic club wasaround the corner on Second Avenue,and the local Democratic leader lived near-by. Politicians would go through the neighborhood giv-ing out coal to poor families, and at Christmas theywould pass out chickens, turkeys and hams.

But though the neighborhood might have beendiverse, the politics were not.

“I cannot honestly remember meeting a Republicanin my childhood, ever,” Maltese said. “Everybody was aDemocrat.”

In his fifth year at P.S. 63, he was elected class presi-dent. At Junior High School 64 he was vice president ofthe student council. When he arrived at Stuyvesant,Maltese remembers standing out as a conservativeDemocrat among a more liberal student body.

Students would gather in Union Square to listen topolitical speeches and talk about the issues of the day.

“Everyone was much more liberal than I was,”Maltese said.

2

Maltese had more jobs growing up than he can count:delivering flowers, working in the local pharmacy, sort-ing mail at the post office during holidays, working thedocks, sweeping up under the West Side Highway—hedid them all.

“I guess we were borderline poor,” Maltese said. “We

didn’t realize it, but we were. But I didn’t think it was ahard life. It was fun, actually.”

Other than the occasional game of dice being brokenup by the police, Maltese largely stayed out of trouble.He was at the library much more than he was in theback alleys of the Lower East Side, he said.

“I was I guess a bit of a nerd,” he said. “I savedstamps; I saved coins. I still do. I’m still the same.”

Influenced by his teachers at P.S. 64, he briefly con-sidered becoming a teacher when he got out of theMarines.

“I think they had a big affect on my life,” he said,recalling many of their names. “They spent so muchtime with the kids. It was unbelievable.”

2

While he has lived inQueens since the ‘50’s,Maltese still gets hisknish from the sameshop on Houston Streetthat he went to as a child.He occasionally stops inat Katz’s Deli, too.

Little else remains from the neighborhood of hischildhood.

“It seems colder,” Maltese said of the intangible feelof the neighborhood. “I don’t like the idea that it justlooks like a commercial block now. It’s so different now,my perception of it.”

[email protected]


The entrance to Serphin Maltese’s old buildingat 49 First Avenue is closed, so he can onlyenter at 47. And that is not the only change tohis old neighborhood.


THE STREETSWHERE THEY LIVED

A trip back to the old block with Serphin MalteseC

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E Red State, Blue StateNearly 50,000 new voters registered in New

York in the six weeks leading up to theSuper Tuesday presidential primaryregistration deadline, with some coun-ties getting less than 100 new voters,and some close to 10,000.

And they did not break evenly: thoughRepublicans had a slight edge in someplaces, new Democrats outnumbered newRepublicans by wide margins in many coun-ties—7,380 to 1,049 in Manhattan, 5,780 to 620 inBrooklyn and upstate, 1,139 to 427 in Erie. Thestate totals are even starker:combined across New York,38,302 new Democrats reg-istered compared to just11,430 Republicans

*Source: Local boards of elections, for peri-od between Dec. 1, 2007 and Jan. 11, 2008.

POWERGRID



Though Darrel Aubertine brought Democratsone step closer to wresting control of the StateSenate from the Republicans by defeating

Will Barclay in the Feb. 26 special election, the for-mer dairy farmer insists that moving to the Senateafter serving in the Assembly for six years is lessabout the balance of power and more aboutaddressing the needs of his constituents.

Now he is faced with doing that and quickly get-ting acclimated to life in the Senate, all while star-ing down at a re-election race in November, whencampaign cash and media focus will likely be lessavailable. He discussed how he plans to establishhis eight-month incumbency, the prospect of one-party rule in New York and his plan for re-electionin November.

What follows is an edited transcript.

The Capitol: Have you caught up on all your restsince the election?Darrel Aubertine: Well, I’m hoping to. Maybe thisweekend.

TC: How has the transition been? DA: I just finished my first session, and it’s been verygood. There are some differences between the Senateand the Assembly, obviously, in the way that business isconducted, which will take a little bit of getting used to.I had the opportunity to thank my colleagues today onthe floor. It’s been interesting, to say the least.

TC: How is your approach going to be different inyour new role as state senator? DA: I see my role as generally unchanged. I’ve alwaysbeen able to work across party lines and I don’t see thatchanging. I obviously have a fair bit of legislation on thebooks in the Assembly; I’d like to basically move thatlaterally into the Senate as much as I can, and continueto try to advance that legislation. You know, in somerespects obviously there are some major differences,but in some respects it’s a lateral move.

TC: How do you see yourself fitting into the SenateDemocratic conference, given the ideological differ-ences you have with some of your colleagues, aswith your opposition to abortion?DA: Obviously, no matter what body you’re in, you’renever going to be 100 percent with the conference onevery issue. And I don’t think anyone suffers from thatdelusion. I think that as time goes on and the conferencehas a better feel of where I stand on issues and I have abetter understanding of where the conference feels onissues, we’ll move forward.

TC: How do you think having all eyes in the statefocused on the outcome of your election effectsthings? DA: I was absolutely focused on what was right in front ofus, the issues of the day, the issues that were obviouslyright in front of us, for example, the economy, which is amajor issue. And then there were other issues underneaththat umbrella concerning hospital closure and school aidand things like that. But those issues were issues that Iwas focused on; I wasn’t focused on the fact that thewhole state was evidently watching this as it unfolded. Ihave to be honest with you, I was surprised the day afterthe election when I learned that some of the major publi-cations in the state were voicing opinions, weighing in onthis. People from all across the political spectrum wereoffering up opinions on the race that unfolded, unbe-knownst to me. That actually surprised me.

TC: Do you think the voters took to all the attention?DA: I really don’t think they cared that much. Again,they were as I was. You know, all politics is local andpeople were truly focused on the issues at hand and Ithink that bore out when you looked at where some ofthe endorsements and things came from and what wasgoing on with…People just weren’t paying attention to

that. They were concerned about prescriptions, “Whatare you going to do about that?” That’s a real issue, nota Republican or Democrat issue. It’s an issue that cutsacross party lines for sure; it’s just not a political issue.“How am I going to send my son or daughter to college?”“How am I going to save and find funding for that?”That’s not a partisan issue. That’s not Republican orDemocrat. Everybody has those issues, and that’s whereI think the voters are today.

TC: You have eight months before running for re-election. What are you going to focus on? Do youthink the stage is set for a re-match with WillBarclay?DA: I can’t speak for Will or anybody else, but I can cer-tainly speak for myself. And I most certainly intend torun again in the fall and I will continue to run an aggres-sive campaign based on the issues between now andthen. My job is to perform for the people in the 48thSenate district and to earn their trust. And by doing that,I’m confident I’ll be successful in this election in the fall.

TC: How do you feel about the prospect of a one-party state?DA: I don’t see there being a lot of problems in that vein.If you want to look at the last time New York State hadone-party rule, you can look back into the Rockefelleryears and, don’t hold me to it, but there was two yearsthere. In that two year period the SUNY and CUNY sys-tem was developed. In today’s environment, in the envi-ronment that exists in Albany today, I just don’t see thatkind of undertaking being picked up and solved in a twoyear time frame. And the point I’m trying to make hereis that some pretty good things have happened, and in ashort period of time, under one-party rule.

TC: Obviously there will not be as much campaigncash for your November re-election as there was inthe special election. How will that change yourcampaign?DA: I’ve always said a campaign isn’t about how muchmoney you can spend; a campaign is about getting yourmessage out there. One of the ways to get your messageout there is to perform, to get out there and do your joband do it to the best of your abilities. That’s the best wayto earn somebody’s support and that doesn’t really costyou anything. I’ve got the next eight months to get outthere and show people that I can perform and I canmake things better for the people that live in the 48thSenate district.

TC: What will be the first bill you introduce in theSenate?DA: I’ve got 60-plus bills in the Assembly, and to be hon-est with you, I’m not trying to avoid your question, butto be honest with you, what we’re trying to do is gothrough that litany of bills and introduce them on thisside, and obviously introduce them in some sort of pri-ority, so that remains to be seen.

TC: Have you found yourself heading over to theAssembly out of habit, or have you been findingyour way to the Senate all right? DA: I had some guidance to get back over there. Me andmy staff have spent a week getting used to not answer-ing the phone ‘Assemblyman Darrel Aubertine.’

—Andrew [email protected]

“People from all across the political spectrumwere offering up opinions on the race thatunfolded, unbeknownst to me,” DarrelAubertine said. “That actually surprised me.”

: In the Margin


The publicationfor and about

New York StateGovernment

Documents

The March 1, 2008 Issue of The Capitol