The January 1,2008 Issue of The Capitol

2 JANUARY 2008 THE CAPITOLwww.nycapitolnews.com

BY JOHN R.D. CELOCK

AS THE PRESIDENTIAL CANDIDATES SPAR OVER

the specifics of their health plans, several NewYork leaders are beginning to make their own

diagnoses of the problems with the state’s approach toproviding medical care.

Laying out his general priorities in his State of the Stateaddress, Gov. Eliot Spitzer (D) pledged to make insuranceaffordable for every New York child, create a “DoctorsAcross New York” program and provide spurs to changethe reimbursement rate and modernize record keeping,among other new initiatives. He also laid out the begin-nings of a plan to fight chronic diseases in children.

“We will continue to take steps to assure that there isquality affordable health care for every New Yorker,starting with every child in the state, and a family doc-tor near every family,” he said.

But the specifics of what will get passed remainunclear, as Spitzer and his aides review data and testimo-ny gathered by a gubernatorial task force that held publichearings statewide last year. As they do, Assembly HealthCommittee Chair Richard Gottfried (D-Manhattan), isrenewing his push to establish universal health care.Gottfried said his plan would provide comprehensivehealth care to all residents, while estimating a savings of$4 billion if all state residents enroll in the plan. His figuresshow residents paying $63 billion a year in health insur-ance costs and the state paying $59 billion to provide thecoverage. Employers would pay health care costs to thestate instead of to private insurance companies to financeGottfried’s plan.

This plan would allow residents to keep their current

health care coverage or make the switchinto the state-run plan. He believes the majority willchoose to opt into a state-financed plan, instead ofremaining with a private insurance option.

“It’s not a small fix to the system,” he said. “This is a pro-posal to offer coverage to New Yorkers that would createthe possibility of sweeping changes in health coverage.”

Gottfried does not expect the mechanics of the pay-ment to be a major concern for most New Yorkers. “Idon’t think it matters to the average person if it’s aninsurance company deducting from their paycheck orthe government,” he said.

Gottfried is hoping to have his report serve as a set ofrecommendations for Spitzer’s plan. He has had a shortconversation with the governor regarding the details ofhis report and has talked to several of Spitzer’s aidesregarding the contents.

In addition, Gottfried has briefed United Hospital Fund(UHF) President James Tallon on the contents of thereport. Tallon, a former Assembly majority leader, is work-ing closely with Spitzer on the development of his plan.

“I think they understand what I am proposing,” Gottfriedsaid. “They seem to regard it as a thoughtful proposal. Atthis stage they are open to a wide range of options.”

Analysts for the UHF said that while the group hasnot taken a position on Gottfried’s proposal, the groupfinds it to be a good starting point for a statewide con-

versation on the subject. “It’s a serious, thoughtful pro-posal from a knowledgeable legislator,” said PeterNewell, a senior health policy analyst for the UHF.

Newell said the UHF will be providing legislatorswith information from its own two-year study of univer-sal health plans to facilitate debate. The UHF studyincluded reforming existing public health plans, includ-ing Child Health Plus and Family Health Plus, whichdate from the days of former Gov. George Pataki (R).

Newell said the UHF agrees with Gottfried’s potentialsavings of $4 billion, which he characterized as themost conservative figure on the subject. With univer-

sal plans adopted in Vermont andMassachusetts in recentyears, these plans will alsobe part of the debate in

Albany. “We all hopethat we will play anactive role in doingour best to inform thedebate,” Newell said.

Spitzer’s taskforce, on which

Tallon serves, conducted aseries of six statewide hearingsto solicit feedback on health careoptions. Those familiar with thechamber’s work on the subjectsaid data analysis is being doneto determine the costs and makeup of various proposals.

While the governor’s aidesare more focused on budgetissues at the moment, a health

care plan is expected to bereleased in the late spring orearly summer. One main con-cern will be the political feasi-bility of any potential plans.

Gottfried said he has receivedpositive feedback from thepowerful SEIU 1199 andCitizens Action on hisreport’s recommendations,

and he has had con-versations with sev-eral small business

advocacy groups look-ing to study the propos-

al in more depth. He said theonly total opposition he has received is

from the New York State Health Plans Association (NYSH-PA), which represents insurance companies offering exist-ing health care plans. Gottfried said their opposition did notsurprise him.

A NYSHPA spokesman said the group has not takena public position on Gottfried’s report. He said he didnot know when a public position might be issued andcould not confirm if any conversations took placebetween Gottfried and association executives.

Gottfried said he has not received many commentsfrom other members of the Legislature, nor has he spo-ken with Senate Health Committee chairman KempHannon (R-Nassau) about the report.

But for all the action so far, Gottfried said he doesnot expect major movement on health care reform inthe upcoming legislative session. Though he expectssome discussion of the issue this year, with Spitzer’splan due out in late spring and legislative elections com-ing up, Gottfried does not foresee action until the 2009session, when he believes actually passing laws tochange the health care system will be more politicallyfeasible.

[email protected]

Direct letters to the editor to [email protected].

Prescriptionfor

Though healthcare proposalsmay circulatethis year,no actionexpecteduntil 2009

Assembly Member Richard Gottfried andGov. Eliot Spitzer are both looking atways to change and improvehealth care in New York State.

Politics

Dr. Karen Hubbard, right, explores the basic biology of how cells age and die.Shanaz Ghandhi, who came to CUNY from India to study with her, used a

genomic approach to investigate a protein that interacts with a cancer-causing genecalled HDM2. Their research could help explain the aging process and cure orprevent cancer. Dr. Hubbard has received more than $3.8 million in research grants.

THE CELLULAR AGING TEAM

Matthew GoldsteinCHANCELLOR

Outstandingfaculty.Gifted

students.CUNY is theirclassroom.

CUNY is yourUniversity.

www.cuny.edu

1-800-CUNY-YES

Mark Smiley vowed to become a physician when he saw afriend shot dead. He joined Dr. Charles Malerich’s research

into blood protein components called metal porphyrins. That ledto a two-year United Negro College Fund/Merck Science Schol-arship for drug research and a federal postgraduate grant to studymusculoskeletal injuries. Future plans:devising new orthopedic surgicaltechniques.

Baruch College

Charles MalerichProfessor of Physical Chemistry

+Mark Smiley

SEEK Program (Search for Education,Elevation & Knowledge)

B.A. in Biology, Baruch College, 2006University of Pittsburgh School of

Medicine, 2011Jack Kent Cooke Graduate Scholarship

($300,000 over six years)

THE CHEMISTRY TEAM

City College of New York

Karen HubbardProfessor of Molecular Biology

Collaborates withMemorial Sloan-Kettering

Cancer Center

+Shanaz Ghandhi

Ph.D., 2006, Postdoctoral researcher,Center for Radiological Research

Columbia UniversityMedical Center

Take a closer look atsome of the areas whereCUNY harnesses the powerof faculty and studentresearch to push theboundaries of knowledgeand discovery.

BY ANDREW J. HAWKINS

JENNIFER CUNNINGHAM IS NO

longer the executive director of 1199SEIU, but she still has the union

members’ interests very much on hermind.

Though she is now with KnickerbockerSKD, a six-year-old consulting firm with aclient list that includes many of NewYork’s political heavyweights, she contin-ues to lobby for the large and influentiallabor union, which represents over300,000 hospital and health care workersacross the city.

So Cunningham said she often findsherself running between Knickerbocker’soffices downtown, the union’s officesnear the Port Authority bus terminal inManhattan and its lobbying office inAlbany.

“I expect that I will continue to jug-gle,” she said about her future.“Fortunately, I like to juggle.”

Cunningham, who has been labeled“the most powerful unelected woman inNew York politics” by the Daily News,also likes things to fit together. So whenshe decided to leave the union last year,she saw going to Knickerbocker as theperfect transition—she had worked withJosh Isay, the firm’s co-founder andadmired the way he did business.

“So it was a natural fit,” she said whilesipping tea at a café in Union Square oneafternoon.

As a consultant, Cunningham said shedelights in helping her clients developpolitical strategies and honing their pub-lic message.

As a counsel to Featherstonhaugh,Conway, Wiley & Clyne, a lobbying andlaw firm in Albany, she continues tolobby for the health care union. This caninvolve the most intense juggling, whichCunningham acknowledged can be diffi-cult. “Sometimes it’s not the most perfectfit,” she said.

“But often people who want to do lob-bying or influence the legislative processare more conscious and involved thanthey used to be in their use of media,building grassroots coalitions and effec-tively communicating a message,” shesaid, then backtracked slightly. “I thinkoften it’s a pretty comfortable fit.”

Isay could barely praise Cunninghamenough. “I wake up every day thankfulthat she can help us with our clients,”said Isay, whose roster includes MayorMichael Bloomberg (Unaff.), CouncilSpeaker Christine Quinn (D-Manhattan),Sen. Joe Lieberman (I-Conn.), PuertoRico Gov. Anibal Acevedo Vila, amongmany others.

“Definitively,’ Isay added, “there is nobetter political or strategic mind in NewYork than Jennifer Cunningham.”

Cunningham’s entrance into the worldof labor unions and politics was, by herown account, a happy accident.

As a student at Wesleyan University,she attended a lecture by Norman Adler,then the director of political action atDistrict Council 37, the public employeeworkers’ union. Moved by Adler’s pas-sion for labor, she applied for an intern-ship in the union’s political action depart-ment in Albany. She was soon offered ajob as assistant director for politics and

legislation. “In terms of Jennifer being the captain

of a ship, it’s always a battleship and italways knocks everyone else out of thewater,” said Adler, now with Bolton-St.Johns, one of the state’s top political con-sulting groups.

Following her stint at DC 37,Cunningham worked for two differentState Assembly speakers, Mel Miller (D-Brooklyn) and Sheldon Silver (D-Manhattan).

She practiced law for several yearsbefore becoming executive director ofthe SEIU New York State Council and theunion’s executive vice president for poli-tics and legislation.

Cunningham said she admired theunion’s long tradition of progressiveactivism, but noticed that it had not fullyrealized its public policy potential.

“I thought with that much interest andenthusiasm they could do more in thepolitical process to improve the lives of

the workers,” she said. With a staff of 50 and a budget of over

$6 million, Cunningham coordinated theunion’s legislative and public affairs bat-tles for eight years, working alongsideDennis Rivera, who recently steppeddown as president of 1199 SEIU.

Her tenure there culminated with abruising fight between the union andGov. Eliot Spitzer (D) over budget cutsfor hospitals and nursing homes. Spitzerpublicly admonished the union for “main-taining a status quo that does not workfor anyone but them.”

Cunningham is confident that thisyear’s budget debate will be much morecordial, even though a multi-billion dollardeficit may force Spitzer into a rematchwith the union.

“None of it’s personal,” she said, whilenoting, “we’re very hopeful about a dif-ferent dialogue this year.”

Cunningham is accustomed to thebare-knuckled world of New York poli-tics, having once been married to StateSen. Eric Schneiderman (D-Manhattan/Bronx) and having served as a top advisorto Andrew Cuomo’s (D) 2006 campaignfor New York State attorney general.

She believes SEIU 1199’s endorsementof Cuomo helped propel him to the finishline.

“There were eight candidates in therace, it was 18 months out from the pri-mary and many people had writtenAndrew’s political obituary,” she said. “Ithink the fact that the union wanted totake a chance on him maybe helped somepeople give him a second look.”

But her time navigating the state’stwisted political waters has convincedher that running for office herself wouldbe a very bad fit. Though she is a power-ful force behind the scenes, she says, shehas no stomach for public speaking.

“I don’t even like having my picturetaken,” she said.

[email protected]


Fitting It All InLobbyist, consultant and legal counsel,Cunningham retains her clout

Jennifer Cunningham

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BY JOHN R.D. CELOCK

THE RECENT PRELIMINARY

report released by Gov. EliotSpitzer’s (D) higher education

reform commission is being called ajumping off point for what some are say-ing is a long overdue debate in Albany onpublic higher education issues.

Spitzer is expected to make higher edu-cation one of his signature issues for 2008,and he spent much of his State of the Stateaddress Jan. 9 addressing the topic.

“We can’t strengthen our economywithout the best colleges producing the

best-prepared graduates,” he said.He proposed adding 2,000 new full-

time faculty members, 250 of them “emi-nent scholars,” in addition to using anexpanded University of Buffalo campusto help encourage new growth inWestern New York.

Spitzer appeared to be accepting manyof the report’s recommendations, whichincluded calling for the hiring of 2,000full-time faculty members, an increase instate funding for SUNY, new tuition poli-cies for campuses statewide and the cre-ation of new research funds, in additionto a large-scale capital campaign. Several

of the issues are expected to be stickingpoints in the legislative process.

Assembly Member Deborah Glick (D-Manhattan), chair of the AssemblyHigher Education Committee, said shehad been pleased with its findings.

“There needs to be a drastic infusionof resources in order for them to returnto their prior level of quality,” she said.

The governor’s proposal of where toget some of that funding, through a $4-billion endowment created by rework-ing the state lottery system, immediatelydrew criticism from many legislators.

Left unaddressed by the governor’s

speech was a recommendation to cre-ate a new tuition policy, with differentgraduate programs at different tuitionlevels determined by the future earn-ing capacity of graduates which islargely being embraced by policymak-ers. Less popular is a recommendationto charge higher tuition at the state’sfour university centers—Albany,Binghamton, Buffalo and StonyBrook—than at the other campusesstatewide, based on an argument thatthese university centers contain large-scale research components which

Varsity Political Football Kicks OffAction and inaction on higher education commission recommendations could impact local elections

CONTINUED ON PAGE 21

To learn more visit rightfornewyork.com

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BY ASSEMBLY MEMBER

ROBIN SCHIMMINGER

“ATTENTION MUST BE PAID”goes a line from the play“Death of a Salesman.” In the

new year we are now beginning, atten-tion must absolutely be paid to the criesfor help from businesses and employees,public officials and private citizens onbehalf of the struggling upstate economy.

Upstate New York continues to be inserious trouble. The upstate economylags that of downstate and the rest of thenation, with job growth over the pastdecade-and-a-half only three percent inupstate compared to 21 percent for thenation. A number of factors contribute tothis economic stagnation, but chiefamong them are the high cost of doingbusiness across New York State and thelack of recognition in state policy thatthere are enduring, fundamental differ-ences between upstate and downstateNew York. Hard-pressed regionaleconomies in upstate simply cannotafford the high-cost statewide policiesthat downstate can more easily accom-modate.

I have long maintained that our top

priority in Albany must be to strive tobring the cost of doing business in NewYork more in line with other states,whether those costs are the result ofstate and local taxes; regulations orpaperwork requirements; workers’ com-pensation, liability or health insurancepremiums; energy rates; or other factors.Reducing such costs not only will bringpositive results for the upstate economyin particular, but it will also foster eco-nomic development and job creationstatewide.

Beyond these broad brushstrokes,there are initiatives that paint a finer pic-ture of the differences between theupstate and downstate economies andthe disparate effects imposed by variousexisting state laws, programs and poli-cies. Many of these have been highlightedin the unshackle upstate reform agendaput forth by several upstate chambers ofcommerce and business associations,and several are the subjects of measuresI am sponsoring or co-sponsoring.

For example, I have introduced meas-ures that would overhaul the Medicaidprogram and allow individual counties tocontour the program to better fit theirneeds and capacity to afford it, require

binding arbitration panels to give priorityto municipalities’ “ability to pay,” amendthe State Constitution to put in place acap on state spending and provide for acomprehensive review of the Taylor Law.I have also authored a bill to reform theScaffold Law by creating a “comparativenegligence” standard that would applyonly outside of New York City. And myproposal to eliminate the corporate fran-chise tax for manufacturers would helpstem the out-migration of well-payingmanufacturing jobs that has contributedto the loss of people and opportunity inupstate.

Enacting these and other sensiblereforms will spur economic growth inupstate New York and a resurgence ofregional economies from western NewYork to the Mohawk Valley, and from thesouthern tier to the north country. Aprosperous future for upstate is benefi-cial not only to upstate but to the state asa whole. And, conversely, a lagging econ-omy upstate is a drag on our growthstatewide.

Given the governor’s stated strongcommitment to revitalizing the upstateeconomy, I am hopeful that attention willindeed be paid, and we will see stronger

progress in 2008. As chair of theAssembly’s Economic DevelopmentCommittee, I can think of no better wayto improve the economic performance ofNew York State as a whole than tounshackle upstate!

Robin Schimminger is a Democrat

representing parts of Erie and Niagara

counties in the Assembly. He is the

chair of the Assembly Committee on

Economic Development, Job Creation,

Commerce and Industry.

Attend to Upstate Needs in 2008 ISSUE FORUM:ECONOMIC DEVELOPMENT

BY STATE SEN. JAMES ALESI

THE MOST CRITICAL ISSUES

facing New York state are thecrushing property tax burden

and the lack of good paying jobs. Youngpeople fresh out of college are fleeing ourstate for more competitive states and life-long New Yorkers are finding it tough tomake a living when companies pull outbecause of the cost of doing businesshere. I have always viewed my chairman-ship of the Senate Committee onCommerce, Economic Development, andSmall Business as an exciting opportuni-ty to reinvigorate New York’s economy.

Last year, I worked with my Senate col-leagues to author a 10-point, $3.7-billioneconomic development and small busi-ness package called Upstate Now! TheSenate’s comprehensive plan wouldreduce taxes, as well as, energy andhealth care costs for employers; provideupstate with a 21st century economicinfrastructure; strengthen small busi-nesses, manufacturing, agriculture,tourism and other key industriesthroughout the state; make upstate aninternational leader in new and emergingtechnologies; revitalize downtowns andlocal communities throughout the region;support clean renewable energy initia-tives; strengthen our workforce; enactsweeping reforms to make the upstateregion more business-friendly and com-

petitive economically.More specifically, Upstate Now!

would provide direct property taxrebates for small businesses that employfewer than 20 employees. Called theSmall Business STAR program, averagerebate checks would amount to $700 forsmall businesses. Additionally, theSenate Majority initiative would com-pletely eliminate business taxes on man-ufacturing, the lifeblood of industryupstate, and reduce the CorporateFranchise Tax from 7.1 percent to 6.85percent.

While lowering taxes is critical to a

resurgence of New York’s economy,reducing energy costs and promotingrenewable, clean energy is also a priority.As a member of the Senate EnergyCommittee, I sat on the Joint Senate-Assembly Committee on Article X, whichnegotiated the power plant siting legisla-tion that expired. New York State is in des-perate need of a permanent solution to therising energy crisis that is not only affect-ing residents, but driving companies awaythat rely on more affordable energy tooperate on a daily basis. The Senate planwould promote energy independence andclean energy sources and provide taxincentives to companies that utilize alter-native fuel and energy sources.

Providing health care at an affordablecost is often difficult for employers inNew York. That is why our plan focuseson expanding Healthy-NY from 208 per-cent to 250 percent of the poverty leveland providing tax credits for small busi-ness health insurance costs.

Another key to economic resurgenceis investment in new and emergingtechnologies. If New York is to contin-ue to lead the way in global technology,we must invest wisely in colleges anduniversities that are on the cutting edgeof research, as well as in companiesthat are utilizing and developing newtechnologies.

Additionally, Upstate Now! focuses oncreating thriving main streets, preparing

the finest workforce in the nation bypartnering with community colleges andcreating regional technical high schools,developing a one-stop shop hotline forbusinesses to have all their questionsanswered, and enhancing tourism andmarketing. Combined, this package is adetailed blueprint for putting New Yorkstate back on a positive track for eco-nomic growth.

With the resumption of the 2008Legislative session this month, I, alongwith my Senate colleagues, will prepareto advance meaningful, innovative legisla-tive solutions to help stimulate NewYork’s economy and lower the propertytax burden. I believe that Upstate Now!provides precisely the type of compre-hensive action plan we need to make NewYork more competitive economically withother states and countries, and to tap intothat vast potential so we can secure abrighter, more prosperous future for ourfamilies and for future generations ofNew Yorkers. The hardworking citizensof our region should not have to waitanother day for aggressive action to cre-ate jobs and strengthen the upstate econ-omy. The time for action is now!

James Alesi is a Republican repre-

senting Monroe County in the State

Senate. He is chair of the Senate

Committee on Commerce, Economic

Development and Small Business.

www.nycapitolnews.com6 JANUARY 2008 THE CAPITOL

We Need Aggressive Action to Fix the Upstate Economy

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We must meet the challenge of

providing affordable,high quality healthcare to everyone.

BALCONY and theAmerican Cancer Society

urge Gov. Spitzer and the Legislature to find a common ground that

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To learn more about the 7 Principles for Affordable Health Care,please visit the BALCONY Web site at

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The American Cancer Society1-800-ACS-2345www.cancer.org


BY JOHN R.D. CELOCK

APOPULAR REPUBLICAN STATE sen-ator from the Buffalo suburbs couldface a primary challenge as rumors swirl

about her pending retirement.Businessman Robert Newman, who

lost in a landslide last year forTonawanda town supervisor, hasannounced that he is exploring arun against State Sen. Mary LouRath (R-Genesee/Erie) in theSeptember primary. Citing lastyear’s election of Republicanbusinessman Chris Collins asErie County executive,Newman believes that the climateis right to make a race for the Senateseat, even if it means facing down thepopular Rath, who has held the seat since1993.

“I have been receiving quite a bit of grassroots sup-port to consider running. There is a good chance I will,”Newman said. “People want a change. They want a freshapproach.”

Newman’s talk comes at the same time as rumorssurface again that Rath is about to call it quits. The sub-ject of retirement rumors since the 2002 election cycle,Rath has run for re-election each time, and each time

been subsequently dogged by increasing speculationabout when she will relinquish the seat.

A line of potential Republican successors hasemerged, headed by Assembly Member Jim Hayes (R-Niagara/Erie). Rath’s son, Erie County Legislator EdRath III, who just won his seat last year, has alsoemerged as a potential candidate for the Senate.Newman is seeking to jump the line, a rare move inWestern New York Republican circles.

Rath’s spokesman, John Emery, said that such talk ofsuccessors should be left to another day, seeing as the

senator plans to seek reelection this year. He declined todiscuss Newman’s possible challenge, saying that hehad not heard of the possible primary.

Newman said that though he is eager to discuss hispossible campaign with Rath or party leaders, he hasnot yet had the chance. In preparation for a run,Newman said he has been talking to community groupsin the district, which encompasses some of the mostaffluent Buffalo suburbs in Erie County and all ofGenesee County.

While Democratshave done well in someof the Erie suburbs, thesenate seat is consid-ered one of the mostRepublican in the state.

Newman enters therace following a land-

slide loss in last year’s race for supervisor in the Townof Tonawanda. The first Republican to lose the supervi-sor’s race in over a generation, Newman garnered only37 percent against Democrat Anthony Caruana in theopen seat contest. His loss came at the same time asCollins swept Erie County with 65 percent, carrying theTown of Tonawanda.

Newman, who briefly chaired the Town of TonawandaGOP before entering the supervisor’s race, said he madeseveral missteps in the town race and that the climatewas different since the race was for an open seat.

Erie County has been rocked by a growing grassrootsresentment against career politicians, following contin-ued economic decay and a fiscal crisis that rocked thecounty in 2004, leading to the imposition of a state con-

trol board. In 2005, neophyte candidates were able toupset incumbents for town supervisor in Amherst andHamburg, along with a county legislator in West

Seneca.“I think Western New York’s temperature right

now, and coming from a non-politician background,help me,” Newman said.

Rath is a member of Buffalo’s premier politicaldynasty. Her father-in-law, Edward Rath Sr., was thefirst Erie County executive, and her late husband,Edward Rath Jr., served as a State Supreme CourtJustice. Her son now holds the same county legisla-ture seat his mother held for 15 years before going tothe Senate. Rath has won all but one election, a 1986

race for Erie County clerk, which she lost to currentstate Motor Vehicles Commissioner David Swarts.

Erie County Republican Chairman JamesDomagalski was surprised to hear of Newman’s possiblechallenge to Rath. He described a recent conversationwith Newman during which Newman said he would notseek Rath’s seat this year. (Newman denies having thisconversation.)

“I can’t believe that would happen,” Domagalskisaid. “That would be unwelcome news.”

Sources said that Senate Majority Leader JosephBruno (R-Rensselaer) spent his most recent visit to

Buffalo working to ensure that noneof the region’s three Republicansenators face primary chal-lengers in a year when thefuture of the State Senatemajority will be up in the air.

Newman’s challengemight come just as

Democrats are consideringmaking a play for Rath’s seat.

Buoyed by Democratic gains in sev-eral formally rock-ribbed Republican suburbs in thedistrict, Erie County Democratic Chairman LenLenihan confirmed he is looking at putting resourcesbehind a candidate. Possible Democrats include for-mer Amherst Supervisor Susan Grelick, who lost hertown seat in 2005 and then a 2006 challenge to Hayesfor Assembly; Erie County Legislator Lynn Marinelliof the Town of Tonawanda, who briefly ran for coun-ty executive last year; Amherst Council Member DanWard, a former county legislator and town supervi-sor who has lost several races for county executiveand Assembly in recent years; and Erie CountyLegislator Michele Ianello of Kenmore, who is mar-ried to Ward’s brother. Rath unseated Ward from thecounty legislature in 1977.

Grelick could not be reached for comment. Marinelli,denied interest through a spokeswoman, while Wardand Ianello did not return calls for comment.

In addition, several Democrats close to Gov. EliotSpitzer (D) have been trying to persuade Alice Kryzan,an attorney from Williamsville, to drop her challengeagainst Rep. Tom Reynolds, and instead challenge Rath.Kryzan faces an uphill congressional primary againstIraq War veteran Jon Powers, who enjoys strong sup-port from state and national Democrats.

“I’m running for Congress in the 26th district of NewYork,” Kryzan said repeatedly when questioned abouther possibly switching to the State Senate race.

[email protected]


Robert Newman’s challenge might comejust as Democrats are considering

making a play for Mary Lou Rath’s seat.

Among retirement rumors,longtime state senator drawsan unwanted challenger

PrimaryChallengeSet to IncurRath’s Wrath

SC

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LIA

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BY ANDREW J. HAWKINS

AS NEW BUILDINGS CLIMB INTO

the sky across New York, moreand more construction work is

going underground, with costs reachinghundreds of millions of dollars, accord-ing to a new report.

An estimated 50,000 construction work-ers—nearly one in four—are either misclas-

sified as independent contractors oremployed completely off the books, says areport by the Fiscal Policy Institute, a non-partisan tax and budget research group.

According to the report, off-the-booksconstruction work cost New York $489 mil-lion in 2005 and is likely to reach at least$557 million in 2008. “And the governmentis allowing it to happen,” said JamesParrott, the institute’s chief economist and

the report’s lead author. The main motivation for

this oversight is construc-tion contractors looking toavoid paying workers’ com-pensation, Parrott said, addingthat lax enforcement on the partof the state Department of Labor hasallowed it to spread.

The underground economy is mainly

concentrated in residentialconstruction, but it also existsin commercial building.

Most misclassified con-struction jobs are non-union,

said Alfred Gerosa, president ofthe Concrete Alliance, a non-profit

consortium of union contractors. “I don’t mind non-union work,” Gerosa

said. “What I mind is when they don’t takecare of their people.”

Workers in the underground construc-tion industry are paid very low wages,denied health coverage and rarely are enti-tled to sick leave, according to the institutereport.

Overall, unionization in New York hasdeclined from 63 percent in the early 1990sto about 45 percent, says the report.

Though many in government seemaware of the problem, union groups do notfeel that enough action is being taken. In thepast year, penalties for noncompliancewere significantly increased in a bill passedby the Legislature. An interagency task-force was set up to enforce compliancewith employment standards. And inSeptember, Gov. Eliot Spitzer (D) signed anexecutive order to enforce against the mis-classification of workers as independentcontractors.

Spitzer’s reforms have gone further inaddressing the problem than anything Gov.George Pataki (R) did while in office, Parrotsaid, but a larger taskforce is needed toensure construction contractors are notexploiting workers.

“Given my understanding of what themagnitude of the enforcement effort is,what it amounts to is a drop in the bucket,”Parrott said.

Union construction managers haveformed a coalition to draft legislation thatwould better address the problem of theunderground economy, said Louis Coletti,president and CEO of Building TradesEmployers’ Association, a group of 1,200building trade unions and general contrac-tor and subcontractor firms.

“I think the steps that government is tak-ing are good ones,” Coletti said. “But themore the laws are enforced, you still got alarge market of people that will try to buildtheir projects in an underground economy.”

Coletti declined to discuss the specificsof the legislative package so as not to jeop-ardize ongoing discussions with legislators.

“Construction is an industry that is moreripe for the underground economy thanmany other industries in New York,” Colettisaid.

The construction industry historicallyhas been a draw for immigrant labor, whichis more vulnerable to exploitation.

“I think that the philosophy we’ve beentrying to discuss with government leaders isthat when you catch somebody,” Colettisaid, “the penalties have to be reallysevere.”

[email protected]

Underground Labor Costing New York Millions, Construction Unions ChargeCall for more investigation and stiffer penalties for violators

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POLITICS • POLICY • PERSONALITIES

www.nycapitolnews.com

The Way to Reach Elected Officials

Look who’s readingThe Capitol...


BY JOHN R.D. CELOCK

THREE VETERANS OF THE IRAQ WAR HAVE

launched races for Congress, hoping to unseatincumbents across the state.

Democrat Jon Powers is challenging Rep. TomReynolds (R-Erie), while Republicans Lee Zeldin andKieran Michael Lalor are challenging Reps. TimothyBishop (D-Suffolk) and John Hall (D-Orange), respec-tively. They are the first three Iraq war vets to seek con-gressional seats in the Empire State.

Powers has garnered the most attention of the groupso far, with Democratic activists from Buffalo toManhattan believing he has a strong shot at unseatingReynolds. A 30-year-old high school teacher and a ROTCalumnus of Canisius College, Powers’ public servicewas inspired by his experiences as an Army captain inIraq after the initial invasion.

“As a platoon leader, I had an area of Baghdad I wasin charge of, and I saw the transformation,” Powerssaid, recalling changes in the delivery of basic govern-ment services like garbage collection. As Powers saw it,the Bush administration had not planned for the deliv-ery of such services, and garbage and raw sewage piledup in the streets.

Meanwhile, Powers and other troops were routinelyvisiting an orphanage to play with the children there andbring them food and toys.

“One of the supervisors took me aside and said theinsurgents threatened to kill the kids,” Powers said. “Wesaw firsthand how mismanagement and lack of planninghurt us.”

Returning to Western New York, Powers founded acharity to help Iraqi children. Trying to lead them awayfrom the insurgency, Powers has developed such pro-grams as new youth sports leagues to provide the kidswith activities.

In Congress, Powers hopes to focus attention on theeconomic and social issues surrounding the war. Butfirst he will need to get past an expected Democratic

primary with attorney Alice Kryzan and possibly mil-lionaire industrialist Jack Davis, who lost the last tworaces to Reynolds.

Powers’ experiences in Iraq were somewhat differentfrom those of Zeldin, who was in Iraq through the sum-mer of 2006 as a judge advocate general (JAG) attorneywith the 82nd Airborne. A ROTC graduate of theUniversity at Albany, the 27-year-old Zeldin originallyserved in Army intelligence before moving to JAG.Outside of working on detainee issues and advisingcommanders on the legal implications of decisions, hewent out on patrol and was involved in combat opera-tions.

Calling himself a strong supporter of current strate-gy, Zeldin said he believes the surge is working and thecountry is on the path of being able to end the war in atimely fashion. While arguing that troops will need to be

stationed in Iraq for a number of years, hesaid he believes the insurgency is comingto an end and the situation improving.

Zeldin is considered to be in a toughrace. Democrats have been making steadygains across Long Island, and Bishop hasbecome entrenched in his district.Republican sources have acknowledgedthat Zeldin may not win but will positionhimself strongly for a future race for coun-ty or state office.

Lalor, a former teacher andself-proclaimed national security activist,enlisted in the Marines in 2000. He was fight-ing in Iraq in the opening days of the war. Astrong supporter of the war effort, Lalor hasheld counter rallies to peace rallies.

Lalor is considered a long shot againstthe first-term Hall, who upset Rep. SueKelly (R-Westchester). Several prominent

Republicans, including businessman Andrew Saul, for-mer State Insurance Superintendent Howard Mills andAssembly Member Greg Ball have declined to challengeHall. Lalor is the only candidate in the field, butRepublicans are still trying to recruit others.

While veterans seeking office is not new—veteranswere considered natural candidates after World WarII—New York has not seen many recently, though Iraqwar veterans have run elsewhere around the country.

Some observers see the trend continuing statewidefor Congress and lower offices in future cycles.

“The Iraq war was the defining issue of the 2006 elec-tion,” Democratic political consultant Evan Staviskysaid. “It is only logical that we see people with a person-al stake getting involved.”

[email protected]


Clockwise from top left: KieranMichael Lalor, Lee Zeldin and JonPowers are the first three Iraq warveterans to run for Congressionalseats in New York.

VeteranNewcomersLalor, Powers and Zeldin are first who servedin Iraq war to seek office in New York

THE CAPITOL JANUARY 2008 13www.nycapitolnews.com

Translators Find ImmigrationRequirements Hard to UnderstandIsrael bill would ease visas for Iraqis who worked for the American military

BY ADAM PINCUS

AN IRAQI TRANSLATOR NICK-named Jeff who fled to Syriaafter four coworkers were killed

and he received death threats said he wasgetting scant assistance from theAmerican government despite putting hislife at risk on its behalf.

While chain-smoking cigarettes in acafé in Damascus, the 29-year-oldShiite from Diwaniyah said his 25months working for U.S. forces madehim and others who performed similarwork marked men.

“I think we will go back to Iraq andwe will be ready for death,” the youngfather said.

He is currently living illegally inDamascus with his wife and child,where he is trying to navigate the com-plex bureaucracy to obtain permissionto move to the United States. He askedthat his name be withheld as a safetyprecaution.

The plight of the thousands of trans-lators among the millions of Iraqirefugees has drawn the attention oflegislators in Washington who werefrustrated by the low numbers beingallowed to immigrate. Among them isRep. Steve Israel (D-Suffolk), who saidhe felt a moral obligation to help thoseIraqis who aided the American govern-ment.

“It is very hard to make the argu-ment to an Iraqi that they should risktheir lives helping our forces and thenwhen they need our help, we slam thedoor in their faces,” he said.

Israel’s legislation would remove anumber of the visa application barriers

faced by Iraqis and Afghanis whoworked for the American military.Among other changes, the bill wouldlower the American military rank need-ed to make a recommendation, waiveprocessing fees, open the eligibilitybeyond interpreters and provide assis-tance to those granted visas.

Currently, there are two pathways for

Iraqis to come to the United States: asrefugees or under special immigrant status.

The Bush administration pledgedlast February to let in 7,000 Iraqirefugees in 2007, but only 1,608 hadbeen admitted as of November, accord-ing to the Department of State RefugeeProcessing Center.

Only 500 Iraqis can enter the U.S.each year with special immigrant visas,or SIVs.

Israel introduced legislation in the

House in October called the Repair Actto raise the annual number of SIVs to5,000 and make it easier for translatorssuch as Jeff to resettle in the UnitedStates.

Language similar to his was includ-ed in a massive $696-billionDepartment of Defense 2008 appropri-ations bill that President George W.

Bush (R) vetoed in December. A ver-sion of that bill is expected to besigned in January.

The war in Iraq has forced millionsof Iraqis to flee their country. An esti-mated 1.4 million settled in Syria,750,000 in Jordan and others are nowin Lebanon, Egypt and neighboringcountries, according to the UnitedNations High Commissioner forRefugees.

Many Iraqis, according to Jeff, con-sider translators and others workingwith the Americans spies and collabo-rators. He worked for the AmericanArmy in Diwaniyah, Ramadi andKarbala from May 2003 to June 2005.

Jeff, who appeared regularly onIraqi television, said he could neverreturn to Iraq, even if he moved toanother city.

“You will be questioned from thepeople around you. ‘Why are you

here?’ and sooner or later they will fig-ure you are a translator,” he said.

His cousin, also a translator, wasshot dead in March 2007 in Diwaniyah,and another co-worker was killed in2004.

In fact, of the translators Jeff and alongtime friend and co-worker of hisnicknamed Lunchbox worked with,

four were killed, a stark tally corrobo-rated by U.S. Army officers with whomthey worked

Lunchbox, said a Syrian who inter-viewed him as part of the immigrationprocess told him he had just been used.“You work for the Americans and theyget rid of you like a dog,” the interview-er told the 24-year-old.

Lt. Col. Richard Appel, now an ele-mentary school principal in Wisconsin,described the dangers Jeff faced. Inaddition to describing Jeff as one of thebravest men he knows, he recalled thefate of his female translator. “She wasshot 12 times and killed in Septemberof 2004,” he wrote via email.

Some former translators are gettinghelp from American non-profits. NewYork-based Human Rights First isassisting Lunchbox.

Activist Jason Faler, who served at afirst lieutenant with the New YorkArmy National Guard in Baghdad for ayear ending in January 2006, started anonprofit called the Checkpoint OneFoundation to bring translators to theUnited States. He is not working withJeff or Lunchbox, but he has broughtover one family and is working on twoother cases.

“There have been countless inter-preters who as a direct result of theiraffiliation with U.S. forces have beentargeted by the Mehdi Army and al-Qaeda,” he said. “Many paid with theirlives.”

Many Iraqis who helped Americansin capacities other than as translatorsand interpreters feel they too deserveto be resettled in America.

Moosa Humady, 42, a Sunni fromJebechy al-Sharky, served on a localtown council between April 2003 andApril 2005, working closely withAmericans on reconstruction projects.For that, he was nearly killed in adrive-by shooting in June 2004 thattook the life of an uncle and injured hisbrother. Yet he kept working after hisrecovery.

He, too, fled to Damascus. Theimmigration process baffles him.

“Show me the way and I will take it.Because every person I know withsome kind of contacts—they walk in acircle without end,” he said.

Interviews with Iraqi refugees con-

ducted in Damascus, Syria.

[email protected]

Direct letters to the editor to

WASHINGTON REPORT

“It is very hard to make the argumentto an Iraqi that they should risk their

lives helping our forces and then whenthey need our help, we slam the door

in their faces.” — Rep. Steve Israel

Moosa Humady is one of thousands of Iraqis who aided the United Statesand have since fled to Syria to escape the violence.

AD

AM

PIN

CU

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e only needed five months. That is how much time Joe

Bruno needed to recover theupper hand after Eliot Spitzer’s

“Rip Van Winkle” inaugural address.Backed into a corner, up against a newgovernor whom everyone expected to bea steamroller even before he proclaimedhimself one, Joe Bruno took his lumps.Word of the FBI investigation got out, themajority thinned, Shelly Silver got to leadthe way in selecting a new comptroller.Like the boxer he once was, Bruno wait-ed for his chance. And when that chancecame Bruno pounced and kept pummel-ing.

Amid the rhetoric and purportedindignation, Bruno occasionally used asturdy argument: one-party rule is notnecessarily something to which Albanyor any other capital should aspire.

No one sensible actually believes thatBruno and his fellow Republicans, withjust three state senators between themand the wilderness, make this point self-lessly, or would voice the same opinionwere the situation reversed. But now thatBruno has made the argument, he shouldbe expected to lead his conference andchamber accordingly. Under the bannerof balance of power, Senate Republicanswill undoubtedly try to put the brakes on

the Democratic agenda, and do their bestto stymie Spitzer—much like Silver didwith the Assembly during the Patakiyears. Occasionally, there will be dealsstruck and compromises negotiated thatlet some real problems get solved.

Republicans should do more thanjust be a check on the Democrats. Ifthey really want to be seen as an equalpartner in government, the SenateRepublicans should spend the upcominglegislative session being proactive, pro-posing their own legislation on majorissues. By the time budget season rollsaround, New Yorkers should have a fullsense of what the Republicans want todo to improve health care, revitalize theupstate economy (beyond the simplemantra of property tax cuts), handle ille-gal immigration, take a new approach toconservation and energy innovations,improve state infrastructure and publictransportation and move forward on aslew of other major issues facing thisstate. Forget about waiting for theDemocrats to make plans and then lung-

ing forth with criticism. If theRepublicans want to argue for balanceof power, then let them step forwardpublicly with big, fully formed ideas andproposals. Let them do at least some ofthe starting, and not only the stopping.

This would be a major change inAlbany, possibly enough of a shift to getthe state government out of the mentalitythat putting minor patches on a few bigproblems each year counts as a success-ful session. For the good of the statethen, there is much reason to hope thatBruno and the Republicans will step upto the challenge.

Of course, being more than simply theknights who say no could serve theSenate Republicans’ purposes, too: athick record during the upcoming legisla-tive session could help the New YorkGOP make a strong case for retaining itsState Senate majority when voters go tothe polls in November, and stave offextinction going into 2010. The sessionends in June.

They only have five months.

EDITORIAL

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Letters to the Editor:We welcome letters to the editor.All letters must be identified with theauthor’s full name and, for verification,phone number. Anonymous letters willnot be published.Substantive letters addressing politicsand policy will receive top priority.Submit your letters by email [email protected], or contactour staff writers directly with the emailaddresses at the ends of their articles.

H

Old Vegas bookmakers have been trumped by new technology, and dozens ofwebsites exist to bet on the outcome of all sorts of things, including who will be thenext person to measure drapes in the Oval Office. Intrade lets people buy shares inthe candidates’ futures. Ladbrokes gives odds to bet against. Here are this month’sstandings, with last month’s included for comparison.

--------------------LAST MONTH----------CURRENTLY-----DECLARED PRICE ON ODDS ON PRICE ON ODDS ONREPUBLICANS INTRADE LADBROKES INTRADE LADBROKES-----------------------------------------------------------JOHN MCCAIN 15.7 7 TO 1 4.9 12 TO 1RUDOLPH GIULIANI 25.0 7 TO 2 38.0 9 TO 2TOMMY THOMPSON 0.4 N/A 0.3 N/ADUNCAN HUNTER 0.2 66 TO 1 0.3 66 TO 1MITT ROMNEY 23.3 10 TO 1 16.0 10 TO 1SAM BROWNBACK 0.8 33 TO 1 0.5 33 TO 1RON PAUL 3.0 40 TO 1 2.9 50 TO 1MIKE HUCKABEE 2.0 33 TO 1 1.4 33 TO 1JIM GILMORE 0.1 N/A 0.1 N/ATOM TANCREDO 0.4 N/A 0.6 N/A

*** PRESIDENTIAL*** ***ODDS ***

--------------------LAST MONTH----------CURRENTLY-----DECLARED PRICE ON ODDS ON PRICE ON ODDS ONDEMOCRATS INTRADE LADBROKES INTRADE LADBROKES-----------------------------------------------------------HILLARY CLINTON 52.0 5 TO 4 43.6 5 TO 4BARACK OBAMA 27.8 4 TO 1 39.4 4 TO 1JOHN EDWARDS 7.3 7 TO 1 5.3 10 TO 1BILL RICHARDSON 2.6 28 TO 1 1.9 28 TO 1CHRIS DODD 0.3 N/A 0.5 N/AJOSEPH BIDEN 0.6 33 TO 1 0.6 33 TO 1DENNIS KUCINICH 0.1 N/A 0.1 N/AMIKE GRAVEL 0.1 N/A 0.2 N/A

--------------------LAST MONTH----------CURRENTLY-----POTENTIAL PRICE ON ODDS ON PRICE ON ODDS ONENTRIES INTRADE LADBROKES INTRADE LADBROKES-----------------------------------------------------------

CURRENTLY LAST MONTH

PRICE ON INTRADE

ODDS ONLADBROKES

PRICE ON INTRADE

ODDS ONLADBROKES

DECLAREDREPUBLICANS

CURRENTLY LAST MONTH

Hillary Clinton 58.9 4 to 6 67.9 1 to 5John Edwards 1.6 66 to 1 5.8 16 to 1Mike Gravel 0.1 N/A 0.1 100 to 1Dennis Kucinich 0.1 N/A 0.1 80 to 1Barack Obama 40.8 11 to 10 21.9 9 to 2

PRICE ON INTRADE

ODDS ONLADBROKES

PRICE ON INTRADE

ODDS ONLADBROKES

DECLAREDDEMOCRATS

Michael Bloomberg 2.4 16 to 1 0.6 N/AAl Gore 1 N/A 3.7 N/A

PRICE ON INTRADE

ODDS ONLADBROKES

PRICE ON INTRADE

ODDS ONLADBROKES

POTENTIALENTRIES

Rudolph Giuliani 27.9 9 to 4 43.9 evenMike Huckabee 18 3 to 1 13.7 8 to 1Duncan Hunter N/A N/A N/A 66 to 1John McCain 36.9 6 to 4 7.2 16 to 1Ron Paul 2.1 25 to 1 5.2 6 to 1Mitt Romney 11.5 8 to 1 24.7 2 to 1Fred Thompson 2 33 to 1 5.3 10 to 1

ODDS Ends&

**DATA AS OF JANUARY 10, 2008**

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When more than 75 percent of peopleagree on something in this country,

we had better pay attention. Three-quartersof Americans think the country is headedin the wrong direction. Less than 20 per-cent think Congress is doing a good job,and only slightly moreapprove of the president.Numbers like that don’t justpoint to a new politicalmovement. They’re themakings of a revolution.

Most of us under-stand there’s some-thing happening there,but we’re not sure why it’shappening or what to do about it. But wedon’t like it. Some of it is due to politicianswho care more about perpetuating theirpositions than they do about promoting thecommon good. These guys may have beenoriginally drawn to politics because theycared passionately about something, but

the longer they’re in office the only thingthey seem to care passionately about is get-ting reelected. It’s as if the means and theends have switched places.

What does this mean for the rest ofus? We’ve become an electorate that iscynical and disaffected, and consistentlyranks politicians as their least admiredprofession.

Modern technology is also to blame.Campaign con-

sultants bragthat voters nolonger get tochoose their

elected offi-cials, but elected officials do get to choosetheir voters. Sophisticated polling,comput-er-assisted data gathering and brazen gerry-mandering make it possible for state legisla-tures to draw weirdly shaped, lopsided elec-toral districts which incumbents of bothparties have a vested interest in maintaining.

It is commonplace to have districts with 70percent Republican/30 percent Democratvoter registration sitting right next to dis-tricts with 70 percent Democratic/30 per-cent Republican registration.

The real contest in those districts is theprimaries, where the more committed andusually more extreme party loyalists pre-vail. That way neither partyhas to spend money on com-petitive elections, incum-bents get reelected, and theonly time seats are hotly con-tested is when the incumbentretires, dies or gets indicted.

Because of all the moneysloshing around politicstoday, campaigns have bigpiggy banks to work with. One of the phe-nomena of modern elections is that fewerand fewer people actually show up at thepolls and vote. Modern day strategistsexploit that by giving “voter turnout” a new

twist. In the old days, candidates focusedon forming coalitions, bringing in specialinterest voters one group at a time so thatthe guy who got the most votes won. Wewanted people to vote.

Nowadays, a candidate wins by energiz-ing and whipping up his most ardent sup-porters to turn out in high percentages,while at the same time assassinating hisopponent’s character—with attack ads,push polling and name calling—in order to

so disgust his supporters that they stayhome on Election Day. It may be expen-sive, but it is effective. Tragically, it flies inthe face of what democracy is supposed tobe all about and skates dangerously closeto suppressing the vote. It’s unethical, butit’s legal. And it contributes more than any-thing to the downward spiral of public life.Good people don’t want to run for office.Good citizens are turned off by elections.Good voters stay home on Election Day.

The result of all this? Gridlock inWashington (and in Albany); Commonacceptance that the political system is bro-ken; and universal agreement that thoughwe face unprecedented problems—withterrorism, unchecked immigration, anaging infrastructure, runaway governmentspending, health care, ballooning deficits, alooming recession—neither party is willingto meet on common middle ground inorder to solve them.

The centers of gravity of the two politi-cal parties are moving further out to theextremes, while most people remain in thecenter of the spectrum. Every year, fewerand fewer voters identify with either politi-cal party. In many states, more new vot-ers—especially young voters—are regis-tering as unaffiliated independents than asRepublicans or Democrats. Unless one orboth parties find their way back to the cen-ter of the political spectrum, the possibilityof a successful third-party candidate forpresident becomes very, very real. Andshould that independent, centrist, third-party candidate win or even come close toit, I predict a stampede to the center, whichcould well trample the Republican andDemocratic parties in the process. Thatsounds like a revolution to me.

OP-EDNo One to Blame But Themselves

BY STATE SEN. LIZ KRUEGER

The goal of our State Legislature shouldbe to serve the public good by passing

laws that fix problems, fill loopholes andprotect New Yorker's rights. But some-times there are bills that are riddled witherrors, create new problems where nonecurrently exist, or completely ignore thereal problem at hand—all because thesponsors have another, unstated, agenda.

Such is the case with the so-called“Unborn Victims of Violence Act” (UVVA).This legislation would amend the state’scriminal code to create a new, separateoffense if an individual causes the deathof, or bodily injury to a person, stated inthe bill as “a human being who has beenborn and is alive, or an unborn child at anystage of gestation.” In short, the bill givesan embryo or fetus full status as an inde-pendent “victim” of crime, with legal rightsdistinct from those of the woman who hasbeen harmed by physical assault.

The real mission of such legislation is toundermine women’s right to choice, by giv-ing legal status to the unborn, underminingthe recognized and established legal basisfor Roe v. Wade.

Make no mistake, violence againstwomen, pregnant or not, is a HUGE issuethat our state must better address. It is justthat this bill does nothing to that effect. Anew study by the U.S. Justice Department(Bureau of Justice Statistics) found thatwhile violence against men has dropped,women continue to be assaulted at consis-tent rates—about 2.5 million women in theU.S. each year are victims of robbery,

assault or rape. A key finding of the reportwas that a full 25 percent of women vic-tims are being attacked by their partners.To quote from the findings: “violent crimeagainst women is different than crimeagainst men because it's six times as likelyto be committed by their intimates.”

Vicious attacks on pregnant women inNew York since 2000 prove that justice canbe served. For proof, one need not lookfurther than outcomes of the cases refer-enced in a recent City Hall op-ed: “TheUnborn Victims of Violence Act is Pro-Choice, But Protects Life” by AssemblyMember Michael Benjamin. His failure tocompletely review the cases he citedwrongly left readers with the impressionthat criminals did not face consequencesfor their heinous acts. The facts:

In February 2005, Steven Schiovonekilled his brother’s ex-wife after impreg-nating her. He pled guilty to first-degreemanslaughter and received a sentence of30 years without parole;

In July 2003, Sean Brown stabbed hispregnant girlfriend in the abdomen. Thewoman and her fetus survived the attack,and the man was sentenced to prison for14 years;

In June 2003, Anthony Puglia kickedand punched his girlfriend in the abdomen,causing a stillbirth. The man was chargedwith second-degree assault and first-degree criminal abortion;

In March 2003, in a murder/suicideattempt, David Elesic tied his girlfriend toa chair and tried to cause an explosion bydisconnecting the gas line. All survivedand Elesic pleaded guilty to attempted

murder and was sentenced to a 15-yearsentence;

In April 2000, Dr. Stephen Packattempted to end a woman's pregnancy byinjecting her with methotrexate. Hereceived three years in jail, while thewoman gave birth to a healthy baby.

The problem with the UVVA bill is thatit does nothing about what we should real-ly be focusing on: preventing injury towomen. Our criminal justice goals shouldalways focus on prevention strategies thatare effective. Supporters of this misguidedbill propose simply punishing the perpe-trator after the fact. Like many who areoutspoken in their opposition to this bill, Istrongly support alternative approaches topunishing violence against women.

The UVVA bill completely misses thepoint and would do more harm thangood. What we need are stronger protec-tions, and better enforcement and provi-sion of preventive services and programsto avoid criminal violence towardwomen—pregnant or not—because thewoman who is abused while pregnant islikely to be abused before and after preg-nancy as well. There is a long agenda ofimportant legislation to help protectwomen from violence awaiting action inthe State Legislature—check out the leg-islative agendas of New York State’sCoalitions for Domestic Violence andSexual Assault and that of FamilyPlanning Advocates to learn more aboutsome of these great ideas.

Liz Krueger is a Democrat representing

parts of Manhattan in the State Senate.

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

The modern approachto campaigning skates

dangerously close tosuppressing the vote. It’sunethical, but it’s legal.

“Unborn Victims of Violence Act” is Anti-Choiceand Ignores Patterns of Violence Against Women


BY DAN RIVOLI

POLLS GENERALLY SHOW THAT VOTERS RANK

the environment low among their driving con-cerns. But as Democrats and Republicans in

New York angle for control of the State Senate and sev-eral House seats, candidates may try using the environ-ment as a wedge, particularly when they can expand theenvironmental agenda to include issues not normallyassociated with conservation.

Marcia Bystryn, executive director of the NewYork League of Conservation Voters (NYLCV), saidthat candidates have to show that environmentalismgoes beyond natural resources. Changing the dis-course on environmentalism, she said, will allowRepublicans to enter the debate on a set of issues tra-ditionally dominated by Democrats.

“If you define it broadly, there’s going to beDemocrats and Republicans running on environmentalissues,” she said.

The NYLCV concluded from its 2007 legislative ses-sion progress report that New York State needed to

improve in the areas of smart growth, energy planningand environmental justice—areas that transcend conser-vation, Bystryn said.

As an example of how conservation issues can beframed differently, Bystryn pointed to New York CityMayor Michael Bloomberg (Unaffil.), who has discussedthe environment in the context of sustainability andgrowth issues to get business groups and environmental-

ists interested in the same goals. If they employ a similarstrategy in the race against State Sen. Serphin Maltese(R), Bystryn believes, Democrats may be able to pick upthat seat.

“You have to link it to economic development to geteveryone on board,” Bystryn said.

In upstate New York, the clean-up of formerly industri-al, contaminated parcels of land, known as brownfields,is an environmental issue that touches on economicdevelopment. For a region in need of jobs and growth,cleaning up brownfields will likely be a campaign issue incities like Rome, parts of which are represented by State

Sen. David Valesky (D-Madison/Oneida), Bystryn said.The district is evenly split between Democrats andRepublicans.

“When you frame those issues in the sustainability

In CampaigningGreen, Hopes to TurnDistricts Red and BlueDemocratic and Republican candidates look to environmental agenda to increase their appeal

State Sen. (D)David J. Valesky

49th Senate District

Rep. Jim Walsh (R)25th Congressional

District

State Sen. (R)Joseph E. Robach,

56th District District

State Sen.Andrea

Stewart-Cousins (D)35th Senate District

State Sen. Serphin R. Maltese (R)

15th Senate District

State Sen. Caesar Trunzo (R)

3rd Senate District

Rep. John Hall (D)19th Congressional

District

Rep. KirstenGillibrand (D)

20th CongressionalDistrict

Open Race21st Congressional

District

State Sen. (R)John A. DeFrancisco50th Senate District

“Green building is an abstract concept, whereasWal-Mart is a very real issue,” said political consult-ant Evan Stavisky. “That’s the most immediate envi-

ronmental issue facing voters in the swing districts.”


DESPITE HOW POPULAR GREEN INITIATIVES AND

conservation are throughout New York, many billsaddressing environmental issues remain stalled in

committee.Environmental bills, like one that would create a carbon

emission cap, tend to fair better in the Assembly, generallyonly passing the Senate when they include tax incentives.

State Sen. Carl Marcellino (R-Nassau/Suffolk), chair ofthe Environmental Conservation Committee, said he andothers in his conference feel strongly that environmentallegislation should not come at a cost to business owners,but that this can often lead to agreed-upon compromises.State Senate Republicans, he noted, were the first to pro-pose tax incentives for hybrid technology.

This can lead to disputes. When state legislators want-ed to expand the bottle law, which pays people five centsfor each bottle recycled, Marcellino considered the bill’simpact on supermarkets. Those in favor of expanding thelaw want to use unredeemed nickels to pay for environ-mental programs. But Marcellino believes the nickelsshould stay with the storeowners.

“A supermarket has to set aside space to house themachines. That space cannot be used to sell merchan-dise,” Marcellino said. “So they’re giving up something tocarry this program.”

Assembly Member Robert Sweeney (D-Suffolk), chairof the Assembly’s Environmental Conservation Commit-tee, said that many stalled bills would put New York on thevanguard of green initiatives, such as making state build-ings comply with Leadership in Energy and EnvironmentalDesign (LEED) standards or offering tax credits for solar-panel roofs. “At the very least, New York State ought to bemeeting these ratings and guidelines,” Sweeney said.

Peter Arsenault, a Rochester-based architect forStantec Sustainable Solutions, said that if businessescomply with LEED certification, environmental billsmight fare better in the State Senate.

“LEED certified is just good design these days,” he said.“You certainly want a building to be energy efficient.”

But the gridlock on many environmental bills in Albanyhas left many cities and towns throughout the state topick up the slack and pass their own green legislation,finding compromises between local environmental advo-cates and business leaders.

“I think there’s a growing realization that green is goodfor business,” Arsenault said. “Both sides of the aisle arerecognizing that.”

—Dan Rivoli

[email protected]


Green Greenvs. require extra money for funding.John Reid, the commission’s execu-

tive director, stressed that the proposalis part of a preliminary report, andSpitzer has not made any final decisionson which areas to pursue. He did notethat the undergraduate proposal wouldnot be implemented first and would bestudied in depth in comparison to thegraduate school tuition proposal.

Democrats were not completely unit-ed in opposing the differential tuitionplank. Assembly Member Sam Hoyt (D-Erie) has been proposing legislationwhich would establish differentialtuition for several years.

SUNY students have long been avocal part of the debate over publichigher education policy statewide. TheSUNY Student Assembly, which servesas the student government for the entiresystem, was incredibly vocal in oppos-ing then-Gov. George Pataki’s (R) poli-cies of cutting the SUNY budget on anannual basis. In addition, individualassembly members have been active inopposing tuition hikes on their campus-es.

Group president Don Boyce, whoalso serves the SUNY student trusteeand a commission member, said thatoutside of the differential tuition plan,he and other student leaders are excitedabout the plan.

Also likely to cause problems is a rec-ommendation to provide state aid to pri-vate colleges. The report also includes arecommendation to shift funding of thecommunity colleges to the state levelfrom the county level prompting worriesfrom some that shifts in sponsorshipmight impact the quality of local colleges.

From the commission’s standpoint,Reid said, the proposal is not an attemptto seize control of the community col-leges.

“There is no intention of taking awaylocal control,” he said. “The wholeintention is to cause the community col-leges to be funded properly.”

With 64 campuses scattered acrossthe state, and a competitive electionthis year, legislators, especiallyRepublican senators, are expected towant to tout accomplishments in thearea of higher education on the cam-paign trail. Whether this will include thevenerated Albany tradition of toutingfailed proposals is yet to be seen.

[email protected]


[email protected].

Political FootballCONTINUED FROM PAGE 4

context, that resonates with anyone,”Bystryn said.

Evan Stavisky, a partner at theParkside Group with a history of environ-mental consulting, said politicians couldchange the discourse around conserva-tion.

“If a candidate can make a compellingargument on how they’ll use their office toaffect the environment,” he said, “they’llbe successful in injecting environmental-ism into the debate.”

Adding environmentalism into the pub-lic debate, however, is not enough to tipan election one way or another, Staviskysaid. Local issues will trump green issues.

“Green building is an abstract concept,whereas Wal-Mart is a very real issue,”Stavisky said. “That’s the most immediateenvironmental issue facing voters in theswing districts.”

Many of the swing districts in the stateare suburban in nature, where overdevel-opment and carbon emissions from

motorists are of concern. “Unchecked building development and

sprawl—that’s what environmentalistswill mobilize around,” Stavisky said.

Political consultant Norman Adler saidthat the added emphasis on the environ-ment could be a boon for Republicanspreparing to run what are expected to becompetitive races in Long Island andupstate New York. He pointed to one ofhis clients, State Sen. Carl Marcellino (R-Suffolk), who chairs the EnvironmentalConservation Committee. Adler said that,as an environmentally consciousRepublican, Marcellino has gained popu-larity with unaffiliated and Democraticvoters who might not otherwise agreewith him but share his concern with theenvironment.

“Voters expect Democrats to be goodon environmental issues,” Adlerexplained.

But Adler said that environmentalissues barely registered on the polling he

conducted. “It was so small in the poll, itwas irrelevant,” he said.

Much of this, Adler believes, is becausevoters do not see the local resonance ofgreen issues.

“Environmentalism is kind of a sleeperissue,” Adler said. “People see environ-mentalism as a national issue.”

Even conservation issues special to aregion, like ensuring clean drinking waterin Suffolk County, have gone away, Adlersaid. In the swing district this electionyear, he expects the basic traditionalissues to be the ones which decide thewinners.

“How do you use it as a campaignissue? ‘The incumbent isn’t using greenlight bulbs in his lamp.’?” Adler asked, jok-ing about one slogan. “If I’m running onLong Island, I’m talking about taxes andhousing.”

[email protected]


[email protected].

New tax incentives may be key to movingenvironmental bills out of committee

The Publication for and aboutNew York State Government

www.nycapitolnews.com

Aformer television journalist and spokeswoman for two Binghamton mayors, Michelle Berry recently concludeda four-year stint on the Ithaca Common Council.Vowing to return to elective office in the future, Berry stepped

away in order to focus on her public relations business, found a non-profit aimed to assisting citizen action inTompkins County and to have a second child.

Berry had intended to work behind the scenes in government when she was encouraged by her predecessor toseek a council seat. Rising fast on the council, Berry chaired the budget committee in her first two years and serveda one-year term as the city’s alternate acting mayor, positions not normally given to rookie council members. Herfocus has been on streamlining city government and promoting diversity awareness in Tompkins County.

Outside of the council, Berry has conducted training sessions statewide for other elected officials in the areas ofmedia relations, stress relief and how to handle criticism from the public. Now out of office, Berry is hoping to con-tinue these training sessions for local officials, along with the creation of a new non-profit focused on educating cit-izens in having their voices heard.

Berry said she will run for office in the future, once she has a second child and gets her non-profit off the ground.While noting she would have no problem returning to council, she has set her sights higher.

“I’d like to promote myself,” she said. “I’d like to run for higher office than the council.”

What is your biggest accomplishment in office so far? “Pedestrian safety, including the creation of a pedes-trian education campaign and new traffic safety measures.”

What do you want to accomplish in the next two years, governmentally and politically? “I reallywant to have a successful launch of the citizen engagement organization I founded.”

What are the top three challenges facing New York State right now? Lowering property taxes, incen-tives for first-time home buyers, bringing civility to state government.

UpandComingin the Empire State

Michelle Berry (D)Former Ithaca Alderwoman

Age: 40

Along time industrial base and city of immigrants, Binghamton entered a downward economic spiral over a gener-ation ago as factories closed and IBM moved its substantial presence out of the area. Matt Ryan, the long time

public defender elected mayor in 2005, believes progressive government can be the solution to the city’s woes.Ryan has been focused on a series of community forums aimed at increasing citizen participation in local govern-

ment. A series of town hall meetings in each neighborhood, has led to the creation of neighborhood assemblies. Similarto New York City’s community boards, the assemblies allow for residents to develop plans to address neighborhoodissues.

To address economic development, Ryan has started working on infrastructure issues, noting that his city has start-ed having parking problems, including panels falling off of a downtown parking deck. He is calling on the state to addressthe upgrading of storm sewers, roads, bridges and parking decks in order to provide a base for new businesses.

One of the more prominent officials in the eastern half of the Southern Tier, the mayor of Binghamton is routine-ly mentioned as a candidate for higher office. One of Ryan’s predecessors, John Burns, was the leader of the stateDemocratic Party during the Rockefeller era, and another, Democrat Juanita Crabb, lost to Rep. Maurice Hinchey (D-Ulster), when Hinchey was first elected in 1992.

Limited to two terms, Ryan said he has not given any thought to a higher office or to what he plans to do after hisstint in City Hall is done.

“It’s flattering people think of me for higher office,” he said. “We have a good congressman here. But who knowswhat will come down the road? My goal for the end of two terms is to have a progressive government in place to solveproblems.”

What is your biggest accomplishment in office so far? “The implementation of our civic engagement pro-gram and its leading to a network of neighborhood assemblies.”

What do you want to accomplish in the next two years, governmentally and politically? Put GPS sys-tems in all public works vehicles, upgrade information technology in city government, enhance e-services to create avirtual City Hall and lead the region on shared services and government consolidation.

What are the top challenges facing New York State right now? Restoring state aid to pre-1990 levels,upstate economic development, finish the first three rounds of the Restore New York program and continue it for futureyears.

Matt Ryan (D)Mayor of Binghamton

Age: 56


SouthernTier

Their constituencies are often spread across many miles, but that has not stopped the nextgeneration of New York State’s elected leaders from making themselves known and promptingintense speculation into their political futures.

The Capitol has identified five of the most promising up-and-comers in each of the state’sseven regions outside of New York City and will profile each in this ongoing series. Ages werenot taken into account in the development of these lists. What matters here is potential, whicheveryone in this group has in abundance.

REGION DESCRIPTION:A largely rural swath stretching from Lake Erie straight across the Pennsylvania border, theSouthern Tier has been trying to remake itself economically for over three decades. As indus-trial businesses fled the region’s major cities of Jamestown, Olean, Corning, Ithaca, Elmira andBinghamton, residents drifted to the southeast and other parts of the state in search of jobs.Anchored by several colleges, including Cornell University, Ithaca College, St. BonaventureUniversity and Binghamton University, the Southern Tier has been mainly Republican in rural

areas, with Democratic pockets in the urban centers. The annual steak roast hostedby State Sen. Tom Libous (R-Binghamton), complete with a line of Libous productsfrom aprons to steak sauce, has become a permanent stop on the circuit for allRepublicans seeking statewide office.

By John [email protected]

In 2005, Republican Greg Edwards, an attorney making his first race, unseated the incumbent Chautauqua Coun-ty executive, a race in which Edwards recruited campaign staff out of the state GOP’s Albany headquarters.

Edwards has extended his political reach, managing to capture control of the county legislature last year, an unex-pected feat in a county centered around largely Democratic Jamestown.

Edwards has brought a business approach to government, including the creation of a three-term plan to changecounty government. His plan for a first term includes cutting the county budget and the promotion of shared serv-ices and management efficiency in government. In a second term, Edwards plans on addressing smart growth issuesto bring in new businesses to the county. For a third term, he would like to make Chautauqua County a role modelfor other counties in the state for good government practices. Outside of his three-term model, Edwards, like mostupstate politicians, has made economic development a priority.

With his back-to-back political successes, Edwards’ name has been mentioned as a possible candidate for higheroffice in the future. Some possibilities have included a statewide run or a challenge to Rep. Brian Higgins (D-Erie).Edwards said he would not consider a bid for higher office until he can implement his three-term agenda for thecounty, which would take him through the end of 2017.

What is your biggest accomplishment in office so far? “It is making decisions based on business prioritiesand getting return for our investment.”

What do you want to accomplish in the next two years, governmentally and politically? “As far asgovernment goes, there are some issues we need to get our hands around, including applying smart growth toChautauqua County and having development that keeps the quality of life in our county.”

What are the top challenges facing New York State right now? Fiscal issues.

Greg Edwards (R)Chautauqua County Executive

Age: 47

The deaths of two sitting state senators helped bring Catharine Young from the Cattaraugus County Legislature tothe State Senate in just over six years. A former journalist in Olean, Young had been a county legislator when

State Sen. Jess Present (R) died in the fall of 1998, paving the way for then-Assembly Member Pat McGee (R) tomove to the Senate, and Young to take McGee’s place in the lower house. After a fast rise in the minority caucus,Youngwas the logical successor when McGee passed away early in 2005.

Young’s work has been in the mold of previous legislators from her region, including Present, McGee and former Rep.Amo Houghton (R-Corning).This includes being vocal in trying to focus attention on this largely rural swath that is almostas close to Chicago as Manhattan, and identifies more with the Midwest then the Northeast. Succeeding McGee as chairof the Senate Agriculture Committee,Young has focused the majority of her attention on agriculture and rural issues.

Given her quick rise in the western Southern Tier and status as the youngest female Republican senator,Young hasoften been mentioned for higher office. Her name has circulated as an eventual successor to Rep. Randy Kuhl (R-Steuben) or as a possible contender for statewide office in the future. Young said her focus is on her district and inretaining the majority for Senate Republicans.

“There are a lot of goals I want to accomplish in the Senate,” she said.

What is your biggest accomplishment in office so far? “I’m working very hard to bring attention andresources to my district.The Senate majority has been fantastic. One of our huge successes this year has been to helpstruggling dairy farmers.”

What do you want to accomplish in the next two years, governmentally and politically? “I think thatthe upstate economy should be a priority for everyone in state government. There is a package of capital funds wewould like to see passed in the Senate. It would help the upstate economy.”

What are the top three challenges facing New York State right now? Tax relief, job growth, health careaccess.

Catharine Young (R)State Senator

Age: 48


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UpandComing in the Empire State

Throughout the Elmira region, thousands of students leave to attend college and never return. Instead, they look forjobs elsewhere in the country, leaving behind their families and familiar surroundings.That then 22-year-old Joseph

Brennan returned to the Elmira suburb of Horseheads following his graduation from Ithaca College last year was sur-prising. That he took on the Republican Party leadership to seek a seat in the Chemung County Legislature seat wasastonishing.

Brennan sought the seat in order to address economic issues. Since taking office, he has focused on trying to devel-op plans to bring jobs to the Elmira area and to make housing more affordable for younger residents. He is spendingmuch of his time addressing issues relating to an expansion of the main runway at Elmira Airport. The current design,he said, will create a larger flood plain in parts of his district.

Brennan has been involved in politics and conservative causes since his days as an Ithaca undergraduate.While a col-lege student, he organized a plan to defeat a tax referendum in Tompkins County. Starting 12 days before the election,Brennan put together a coalition of students to advance his point of view with regards to the proposal, which would haveraised local property taxes. Despite the lack of major fundraising or time to organize, Brennan and his group were ableto help defeat the referendum by a two-to-one margin.

Brennan downplayed his interest in higher office, noting that he just completed the first year of a four-year term.While saying that he is focused on his agenda for the county, he hinted at a future run if certain offices were to open up.

“It’s too early to say,” he said. “I never want to be president, that’s over my head.”He is aware, however, of how he might want his career to progress.“I am content with the county legislature for now. The next rung is Assembly, but Tom O’Hara’s doing a great job,”

he said. “I would not rule it out in the future.”

What is your biggest accomplishment in office so far? “I am very proud that we had a resolution on the floorof the Legislature to cut down on smoking in county-owned parks. Some legislators did not think it went far enough andwanted to table it. I stood up and said, we can amend it later but needed to do something now. I was able to bring itback up and get a partial ban on smoking in county parks.”

What do you want to accomplish in the next two years, governmentally and politically?“The commis-sioning of a report regarding youth leaving the Southern Tier and the development of a strategy on how county govern-ment can address this. [And] the creation of a county Homestead Act to provide money to help first-time homebuyers,who grew up in Chemung County, with the down payment on a house.”

What are the top challenges facing New York State right now? Lower state taxes to help with economicdevelopment; look for ways to decrease smoking, including increasing state tobacco taxes, noting that this could lowerproperty taxes, since many of the Medicaid costs address medical issues relating to smoking.

Joseph Brennan (R)Chemung County Legislator

Age: 23

Snacks on a PlaneAir Transport Association ofAmerica v. CuomoDecided By: United States DistrictCourt: Northern District of NewYork, Dec. 20

Judge Lawrence Kahn upheld NewYork’s Passenger’s Bill of Rights, astate law passed last year that requiresairlines to provide adequate food,water, ventilation and waste removalservices for passengers stranded on thetarmac for more than three hours. Theairline industry challenged the law, claim-ing that only the federal governmentcould regulate commercial air traffic.

The Airline Deregulation Act of 1978proscribes individual states from regulat-ing “the price, route or service of an aircarrier.” New York’s regulation is the firstof its kind. But the airline industryargued that the Passenger’s Bill of

Rights could lead to other states enact-ing laws that would impact servicerequirements differently on a state-to-state basis, which would go against theexpress intent of the federal AirlineDeregulation Act.

Kahn rejected the industry’s argu-ments, ruling that the Passenger’s Bill of

Rights regulated the health and safety ofair travelers, as opposed to the serviceprovided by air carriers. New Jersey andConnecticut are among the states nowconsidering legislation similar to NewYork’s law.

The Air Transport Association ofAmerica, a trade organization whosemembers carry 90 percent of the nation’spassenger traffic, has already indicatedthat it will appeal the ruling.

New York is aBorder State, TooTabbaa, Shibly, et al. v. ChertoffDecided By: Second Circuit Court ofAppeals, Nov. 26

Upon returning to Buffalo from anIslamic conference in Toronto, fiveAmerican citizens were detained for sev-eral hours, searched, questioned, pho-tographed and fingerprinted. On appeal,the Second Circuit held that U.S.Customs and Border Protection actedlegally and did not violate the citizens’First Amendment right of freedom ofassociation or their Fourth Amendmentright to due process.

While the government had no specific

intelligence that these five citi-zens were involved with any ter-rorist or criminal activities, theDepartment of HomelandSecurity had received intelli-gence that individuals known tohave terrorist ties would beattending the conference inToronto. According to CircuitJudge Chester Straub, that infor-mation was ample justificationfor the government’s actions.

Straub agreed that plain-tiffs suffered a burden solely due to theirassociation with the Islamic conference.Normally, the government can’t restrictFirst Amendment protections, unless thestate has a compelling reason to do so andthe restrictions are as limited as possible.

Here, the court felt that penalizing theplaintiffs based on their association withthe Islamic conference was constitutional-ly permissible because of the compellingstate interest of protecting the nation fromterrorism. The court did not define whichacts constitute either protection or terror-ism, allowing the government’s interpreta-tion to stand unchallenged.

In addition, Judge Straub was per-suaded that the government could nothave protected the nation from terrorismin any way other than the detention andquestioning of all conference atten-dees—approximately 1,300 according tocourt documents—who later sought re-entry into the United States.

Your Emails areNot Your OwnScott v. Beth IsraelMedical CenterDecided By: New York CountySupreme Court, Oct. 17

Emails between clients and theirattorneys are no longer protected by theattorney-client privilege when the emailsare sent to or from a work email address.The court held that Dr. W. Norman Scott,who corresponded with his attorneythrough his Beth Israel email account,did not have an expectation of privacywhen using his work email, and thuswaived the confidentiality of their com-munications.

The ruling would seem to frustrate theexpressed purpose of New York’s attor-ney-client privilege statute, which wasenhanced in 1999 to specifically coveremail communication. But JusticeCharles Ramos, writing for the court,reasoned that Beth Israel’s email policy,which included a personal use prohibi-tion, made the emails public and thuswaived the privilege.

According to the court, “the effect ofan employer email policy, such as that ofBeth Israel, is to have the employer look-ing over your shoulder each time yousend an email.”

—Elie Mystal

[email protected]


[email protected].

POINTCase

in

Major Court DecisionsImpacting New Yorkers This Month

ver wonder what happened to Rick LazioRepublicans?

They voted for a Democrat, Steve Israel,who won the seat Lazio vacated to try his luck in the2000 Senate race against Hillary Clinton. Votershave returned Israel to the House three times since.

Israel recently sat down with The Capitol overChinese food to discuss harmful Long Island stereo-types, his post-Congressional career and a sure-fireway to bring political parties together. What followsare edited excerpts from the interview.

The Capitol: So you’re a Chinese food fan?Steve Israel: I’m a Chinese food fanatic, actually. Forme, it’s spare ribs, fried rice, an egg roll—your Chinesefood basics. I can eat Chinese food several times aweek, with no problem whatsoever.TC: Chinese food is sometimes not the healthiest optionSI: If I feel that health is becoming an issue, I’ll just workout a little longer. I will not give up on the Chinese food.

[Orders cashew chicken lunch special with hot and soursoup, egg roll, white rice and a Diet Coke]

TC: Is there a certain Long Island stereotype thatreally gets your goat?SI: The assumption that Long Islanders are “LongGuylanders.” I spent a lot of time with SouthernMembers of Congress and there’s nothing more jarringthan listening to a Southern Member of Congress do aLong Island accent. You got things going on there thatjust are unnatural.TC: I’m surprised they know that there is a LongIsland accent.SI: They think they do. I used to be in the House BlueDogs, which is a group of very Southern Democrats, andwe have these meetings where every one of my colleagueswould speak in slow and very Southern elocution. Andthen there’d be Steve Israel from New York, you know,fast talkin’, throwin’ lots of verbs in there, unable to put a“g” at the end of any word. So we would have occasionalcommunication difficulties at those meetings.

Actually, I do hate another Long Island stereotype.Many of my colleagues believe that if you live on LongIsland, you’re living in the Hamptons. There’s a sensethat Long Islanders should not receive any help from thefederal government because we’re all rich. And that’swhy I love taking members to my district where they canactually see the extremes. That’s a serious stereotypethat actually has some significant policy implications.

TC: You formed the Center Aisle Caucus, bringingtogether Democrats and Republicans. Were you thepeacemaker on the playground, too? SI: As the guy who used to get beaten up on the play-ground, I thought it was important to be the peacemakeronce I went to Congress. No, I kind of grew up as a bit ofa policy nerd. I was elected to high school student bodypresident on the promise of getting a student lounge. I diddeliver the student lounge, I’m happy to say. Some wouldsay that to this day, it’s my proudest achievement.

TC: If you weren’t in politics, what would you bedoing?SI: I’d be writing. I love writing. I just published a book,working on another one now. Ultimately, I like to try to

balance my time in politics with time spent writing.

TC: You want to regulate and legalize Internet gam-bling. Have you ever participated in an office bet-ting pool? Super Bowl, Final Four?SI: No, I have not, because I’m a passionate Mets fan.For me, I don’t care whether you’re Republican orDemocrat—you better be a Mets fan. When it comes toother sports, I’m much less engaged and involved. Iobsess about the Mets. My worst day—it was the equiv-alent of losing an election—was when the Mets lost [outon a spot in the playoffs this past season]. I will confesswhen I read the paper in the morning, I start from theback and see if there’s anything pertaining to the Metsand then work my way back to the serious issues.

TC: What are your favorite Chinese places? SI: In Washington, there are two Chinese restaurants onthe Hill. When we meet on Monday nights, one of thefew things Democrats and Republicans can agree on isChinese food. Everybody loves Chinese food. But thecontroversy is which of the two Chinese restaurants onCapitol Hill do we go to?TC: Is one more red and one more blue?SI: No. It’s completely ambiance, not a red-blue thing.And since I pay for the dinners, I feel I have a right tochoose. It is amazing how getting off the floor, gettingout of committee rooms, getting off the Hill and going toa Chinese restaurant does bring humanity back into thesetting—like we can deal with each other as peoplesharing Chinese food instead of banging chairs overeach others’ heads. Chinese food is the great unifier.

TC: You help recruit up and coming Members ofCongress. SI: One of my favorite things to do.TC: How do you find people who are willing to giveup a life, never have time to take a vacation?SI: It’s not hard to find them. They find us. My job is tosupport them and serve as their liaison to theDemocratic Congressional Campaign Committee. This isa very exciting time to be a Democrat. In New York, 23 of

the 29 House Members areDemocrats. We believe thatwe have a good opportunityto win the remaining six dis-tricts. And in this environ-ment, there’s no shortage ofcandidates who want to run.Part of my job is to actuallytalk them through the person-al stuff, tell them what it’s liketo be on the run at the airport,hoping to get home.TC: How do you vet thesepeople and figure outwho’s going to make themost sense as a candidate?SI: That’s not up to us. That’sup to the voters.TC: But you guys support—SI: Well, we don’t. When theycall, we tell them, “Raisemoney, build your team, getout into the community.” Ifthere’s no primary and the

district is winnable, we’ll provide—resources will beprovided, [Israel’s cell phone rings]SI: Now, it’s my daughter, and the only person I do thisfor is…, Hi![Talks on the phone]SI: Now, you can deal with an $8-trillion debt and a $2.9-trillion budget, but that was my daughter telling me thatshe needs another $50 this month in college.

TC: Do you cook at home?SI: Never cooked. I’m in charge of cooking a bagel in themorning, which some people would say is putting it inthe toaster.

TC: You’ve been behind a lot of green efforts. Whatdo you do at home?SI: Gov. Spitzer and I have put together this greenschools initiative, and I spend about 80 percent of mytime on energy issues. You can’t just pass legislationand give speeches. You’ve got to live this. So I drive ahybrid, I’m looking into retrofitting my house. I’vetried to become the first Congressional office in NewYork to be carbon neutral, but we had a hard timemeasuring our carbon output. Our landlord can’t fig-ure out how to do it.

[The table is cleared and fortune cookies are delivered.]

TC: What’s your fortune?SI: This is so perfect. “The heart of a relationship is allin the appreciation.” [To staffer] I appreciate you!TC: I got a good one: “Your hard work will pay offtoday.” That’s great for a Monday.

[email protected]

Cashew Chicken andEgg Rolls with Steve Israel

To find out what SteveIsrael orders when he’s ina wild kind of mood, and

how he wound up on a “Wall of Evil,”visit www.nycapitolnews.com.

Rep. Steve Israel likes his energy green and his rice white.

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www.nycapitolnews.com26 JANUARY 2008 THE CAPITOL


Since its founding in 2001, Patricia LynchAssociates has quickly become one of thestate capital’s top lobbying firms, billing more

than $5 million dollars in fees for clients in 2006.Much of that has to do with Lynch herself, who spent30 years in various government positions—includ-ing eight working with Assembly Speaker SheldonSilver (D-Manhattan)—before an advance notice ofthe date for her son’s bar mitzvah convinced her thatshe needed to leave the life of a staffer behind toprepare for the impending college tuition bills.Lynch has remained one of Albany’s top power play-ers, with a firm that has now added a New York Cityoffice and several new members, including formerSpitzer communications director Darren Dopp.

Recently, Lynch reflected on her fast rise in theworld of lobbying, how the business has changed,her take on the current rush to restrict lobbying andwhere she goes to sort out strategies for the tough-est clients who come looking for her help.

What follows is an edited transcript.

The Capitol: Many people attribute your very fastrise to become one of Albany’s top lobbyists to therelationship with Assembly Speaker SheldonSilver, from your years of working for him. Is that thereason? Patricia Lynch: He is a mentor of mine. And one of thethings that I have been very fortunate in my almost 30years of government and political life is that I’ve beenblessed with several mentors, men and women whoreally have taught me a great deal about the practice ofgovernment and the practice of politics, and how theyintermix.

TC: How do you approach lobbying? PL: The practice itself is evolving, becoming moresophisticated, more demanding. There’s a new genera-tion. It’s not what lobbying was 15 years ago, 20 yearsago in this state’s capital, nor any state’s capital—maybewith a few exceptions. And not in Washington, either. Itreally is a maturing industry, and you have to be moresavvy to be more successful. ... I’m a broker in some sit-uations and a translator in others. Government, corpo-rate America, developers, non-profits—each individualbusiness segment has its own culture, its own timeframe, and its own process which achieves results. Youneed to be able to understand each one and have themwork together and coincide together so it’s a win-win forboth. So one needs to know when to go in to help securea budget item. One needs to know when to go in whenthe final decision is made. One needs to understand theclient’s needs.

So, we, the team here combine the inside knowledge,the grassroots perspective, the ability to take media,whether it’s free or paid, and make that work for theclient, and the additional ability to see what sort of rep-resentation to choose—the local, state and federal gov-ernment—trying to put that in a basket and help theclient on any given day. So it’s a little bit more technical,but people, technical sophisticated yet grassroots politi-cal, it’s sort of a mix. It’s not, and no disrespect to thegenerations that preceded me, but it really isn’t the dayswhere it’s just somebody out for a golf game or you hada card game with them. Nothing wrong with that but thatera is done. The times demand different approaches andthe clients deserve modern approaches, and we are veryresults oriented and results driven.

TC: There has been a lot of focus on lobbyists in localand national politics lately. Do you think some of therestrictions and proposed restrictions go too far? PL: In many cases, just the sunshine itself makes itimpossible to cheat if those wanted to cheat. Andthat happens in every industry. So I will say that asthe industry itself matures and becomes moresophisticated they will embrace, and I think theyhave embraced on many different areas and levels,the disclosure element. I think, however, those thatuse the term lobbyists as the boogeyman, or the tar-get to explain why government is not functioning, Ithink that that’s a missed opportunity. Because a lob-byist, like a lawyer, like an advocate, also brings tothe system information and experiences which bene-fit the development of good policy and good politics.And I feel comfortable in the world where good poli-cy and good politics move hand and hand together.Otherwise those in government become too isolatedand they have no experiences to draw upon.

TC: Are there ways in which you think some of therestrictions have not gone far enough? PL: I don’t look at the world that way. Just tell me whatthe rules are and we will live and live by the rules. Justmake the rules clear, and fair and known. And I thinkthat as long as it is fair and equitable, I don’t see whypeople should have issues.

TC: Lobbying is more of an art than a science itseems. What do you do to make them feel like youare being an effective force?PL: I’m actually in the room developing strategy with theclient. And then we implement the strategy the clientsagree to. When one is looking at how to achieve a result, nota process, how to achieve the result, one needs to makesure it’s structured as a win-win for people inside and peo-ple outside. We are doing the strategy before we even hitthe hill. We are not, and no disrespect, but we are notappointment secretaries. We don’t sit and literally go withthe client, make an appointment and that’s the beginningand the end of the value we provide. Like a lawyer whosepreparing for a trial, who’s involved with every aspect of thecase as it goes through the trial prep, that is how weapproach our business. Now perhaps we’re different fromother lobbying firms in that respect, I don’t know. But whatwe start off with is, the client, the needs, short-term, long-term goals, dreams, and how you develop an effective,seamless strategy. That’s what we get paid to do.

TC: How do the personal appeals you make to law-makers fit into the picture of what you do?PL: We have an innate understanding of the process. Sowhat we bring to the client is an understanding of when togo in, how to go in, how to shape the argument, that iswhat we are paid to do. Again I keep referring, I keep goingback to like a law firm, but that is what they are paid to doby their clients. So to go to, not to court but to here, do youjust go to the legislature, do you go to the agencies, do yougo to the AG’s, do you go to the executive, do you go get acounty legislature to put together a resolution first? Thatis what we’re known for, our ability to look at any situa-tion, any problem, any crisis, any need, and how to strate-gize to get the best end result, for the client.

TC: Are there times when clients come to you andyou find yourself with no idea how to help them? PL: There are times when a client will come to me or

come to me late in the process and say “You know Patthis is what I need you to do,” and there’ll be times whenI’ll sit on my deck with a cup of coffee and anguish for48 hours on how the hell I’m going to get it done. Andonce I make a decision on how we should proceed,you’ve got to stay with the strategy.

It’s like a campaign: you stay with the strategy, untilanother door opens. So there are times when I’ll strug-gle, you know, argue with myself, over the strategy, butafter that 48-hour period, and after I run it by my part-ners to make sure I haven’t lost all of my brain cells, weproceed on that strategy. And obviously, it is not a glob-al approach. Every client, every issue, every year, everysession has its own tune, has its own nature, has its ownculture. The way you do something the year before,you’re not going to strategize the same client for differ-ent needs this year because the people are different, thenuances, the alliances are totally different, who’s on top,who’s on the bottom, who’s in the middle, who’s goinghere, who’s going there—that’s what you get paid to do.To adapt and modify the strategy given the year thatyou’re now in front of, and they’re all different. I havebeen up here since I was 19 years old—there has notbeen one session that mirrors another.

TC: Do those moments of anguish happen much anymore? PL: It still happens, just nobody sees them. They hap-pen.

—Edward-Isaac [email protected]

: Lynch Mentality

A message from the New York State Trial Lawyers AssociationProtecting Consumers and Civil Justice Since 1953132 Nassau Street New York NY 10038Tel: 212-349-5890 www.nystla.org

Organized medicine wants us to fear for our lives. The state medicalsocieties are trying to frighten us into believing we may lose accessto our healthcare services because of a “shortage” of doctors in NewYork.

To fuel that fear, physician groups are spending hundreds ofthousands of dollars on high-powered marketing campaigns toconvince New Yorkers that a crisis is imminent. They want us to

alleged exodus can only be averted with new laws to strip away thelegal rights of patients harmed by malpractice.

It is a Big Lie. The doctors’ numbers don’t add up. Their scare tacticis nothing more than a political ploy based on deception.

“New York State is the most richly supplied state in the nation interms of the number of physicians in practice relative to the statepopulation.” That’s the conclusion of the Center for Workforce Studies

source with no political axe to grind.

fact also supported by the latest statistics published by the AmericanMedical Association. According to the AMA’s census:

• New York ranks fourth out of 50 states for the highest ratio of

• New York’s ratio of doctors per capita is 43 percent greater than thenational average.

• Each year, the number of doctors in New York not only grows, itincreases at a faster rate than the state’s population. Since 1980, theratio of doctors per capita has risen by 55 percent.

Without shame, medical interests will spend big bucks trying to twistthe truth with selected anecdotes. At a reported cost of $400,000,doctors are showing TV spots in their waiting rooms in an effort toalarm patients with phony physician shortages.

The American College of Obstetricians and Gynecologists (ACOG)plans to spend another $500,000 on an ad campaign to “warn” thepublic of a “looming shortage of obstetricians,” according to The NewYork Sun. Instead ACOG should deliver the truth: New York has 38

a decline in the state’s birth rate.

Rather than deceive the public, doctors should invest their moneyto educate their colleagues on safer practices. That would add upto reduced risks for patients, fewer medical mistakes and lowermalpractice insurance premiums.

There is no shortage of physicians in New York. But doctors aresometimes short on truth.

It Just Doesn’t Add Up!

© 2008 NYSTLALagerkvist/Breytman

The January 1,2008 Issue of The Capitol

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