The May 1, 2008 Issue of The Capitol

www.nycapitolnews.comVOL. 1, NO. 5 MAY 2008

Page

16

Accusations fly inFrank Padavan’srace for a 19th term.

1

Blair Hornerdiscusses life backon the outside ofgovernment.

Page 31

Up and Coming:Long IslandSpotlighting fiveelected officials to watch.

Page 26

Why labor still rules in New York—and what that will mean this November

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2 MAY 2008 THE CAPITOLwww.nycapitolnews.com

Assembly Minority Leader James Tedisco wasthe guest at the April 16 On/Off the Recordbreakfast hosted by The Capitol, held at 74

State. Tedisco’s official topic was “The VocalMinority: Fighting for Property Tax and LegislativeReform,” which he addressed—but he coveredmany other topics as well, including an evaluationof new Gov. David Paterson, a prediction of a newtax hike before year’s end and why he thinks thatkeeping the best and brightest in politics does notdepend on legislative pay raises.

What follows is an edited and abridged tran-script. A video of the event is available onwww.nycapitolnews.com.

Q: This year’s state budget got a lot of attention andcontinues to be a topic of much discussion. What isyour take on what is going on? A: When you buy a product usually, in many instancesyou’ll get a one-year guarantee on that product; my fearis that this budget has maybe a six- to nine-month guar-antee, which means the revenues aren’t really there forthis budget. … The budget itself lacked transparencyand openness. Even the governor doesn’t deny that. Heblames it on himself, I don’t think he can totally beblamed for that, the governor. The leaders here havetremendous power, I’m talking the big leaders, the threeguys in the room, and every once in a while myself andMalcolm manage to squeeze through the door beforethey shut it and we think we’re very helpful, and that’swhy I think this governor’s going to do better, becausein the speech he gave us yesterday he said, “I under-stand there’s 212 legislators here. I know the importanceof the ideas that come out of the minorities.”

Q: What happens going forward if the economy con-tinues as it has been going, and shortfalls in rev-enue arise?A: I think what really might happen in this thing, let me tellyou—one of the smartest guys over there, I know I don’thave to tell you this, is Sheldon Silver. He’s in the catbirdseat, it’s not always what he does or what he says, it’s justwhat he doesn’t do and what he doesn’t say. He sits backsometimes, he watches very cautiously, and when he’s gotto make the right move, he makes the right move. Now,you know him and his conference want what’s called the“rich man’s” or “rich person’s tax”, we call it the “job elim-ination tax” in New York State. We’ve already lost a mil-lion and a half people in the state. It’s not that we don’t taxenough in New York State, we spend too much in NewYork State—and we don’t spend for priorities, at leastthat’s what I and my conference think. I think he under-stands, probably in the back of his mind, that the revenuesaren’t there. I think in four to six months he’s going to say“See, I told you, you really need those taxes from thosemillionaires and we better do it right now.”

Q: So you are predicting a late summer tax hike?A: It could be, or what the governor said is he would bewilling to go back and look to see where we have to cut.Cuts are never a popular thing, especially in the middleof an election year. So I don’t see Senator Bruno, Mr.Silver or any of my colleagues want to go back and cutduring the middle of an election year.

Q: Are you confident that Tom Suozzi’s property taxcommission can and will come up with the type ofsolutions that you think need to be conceived of?A: I can’t say I’m confident, but I’m optimistic. … I thinkhe’s got to come up with a realistic program that does

what we want to do—and that is hold the line on proper-ty taxes in New York State, and he’s on the right track. Theonly way to do that, because a cap is not going to stop theincrease in costs for school districts—you’ve got energycosts, you’ve got insurance costs, these things are builtin—we’re not only talking about teachers’ contracts. Iknow there’s a lot made about teachers and their con-tracts and that’s the real cost; well, the largest cost andspending, probably if you look at it and evaluate it, are themandates the state hands down to these educational areasand to the school boards, and what we’ve either go to dois take those mandates off or share in the funding of someof those mandates. If you just cap the property taxes butyou don’t find other sources of revenue or hold the line onthose mandates, then those people who are opposed tothis are absolutely right. The school boards and schooldistricts are not going to be able to fund basic education.

Q: Not long before he left office, Spitzer seemed tohave decided to favor a property tax cap. Do youthink Paterson will have the same position thatSpitzer had come to? A: In my conversation with him he is very much onboard with that. He understands that if we’re going tobring the Upstate economy back, it’s just not going to be$700 million or a billion dollars of investment in theUpstate economy, it’s going to be investing in peoplewho buy those goods and services and allowing them tohave more money in their pocket to expand this econo-my, let them stay in their homes.

Q: Is there such a thing as meaningful property taxreform without a cap?A: They have a circuit breaker, which I think is an interest-ing proposal. It’s not only tied into your property taxes, it’stied into your income level, and it’s not out of the question.I think it makes some sense, but I think there’s got to besome proposal that does something to hold the line forthose people like my mom, who are on social security andare paying high taxes for our education.

Q: Also on the official topic for this morning is address-ing so-called Albany dysfunction: what do you think isa realistic change which would make a meaningfuldifference in the way that Albany functions?A: First and foremost, you need mandatory conference

committees not called by the leaders. … At some point,mandatory conference committees should kick in onthe nine parts of the budget. I agree with our new gover-nor, we’re 212 legislators, we should all be respected,they sent us here because they believe in what we doand that we’re going to stand up for them. Some of thegreatest ideas come from the minorities. Of course, wehave no pride of authorship. So we need conferences.We need something like a member’s prerogative, that’ssomething that my conference put forth.

Q: What about pay raises? That is something manylegislators say is necessary to continue to attractthe best and brightest to elected life and to thebench. A: The best and the brightest judges… Everyone knowsto get elected you’ve got to be politically in-tune, you’vegot to be politically tied. Elections are about politics—they’re not about the best and the brightest, I got to tellyou that. I’ve got some colleagues over there that are thebest and the brightest. But there’s a few that are not thebest and the brightest, I can tell you that right now.

Q: You had a lot of success getting attention for your-self and your members as Eliot Spitzer’s foil. Will nothaving him around be a disadvantage going intothis fall and the next gubernatorial election?A: You know, some people would say that Eliot Spitzer hasdone more for the Republican Party than Ronald Reaganhas. Although he’s not here, he really hasn’t gone away.And that’s why I’m so proud of my conference. When thatillegal alien driver’s license issue came up, we didn’t do apoll—we evaluated the security risks we thought wereinvolved with that, and we stood up and we had sevenhearings across the state of New York on that; we actuallysued the governor of New York as a last resort. … We’revery good at articulating either the positive-ness of issuesor the negativity of issues. We have to be better at using thebully pulpit in the media than the majorities because wecan’t buy our time, we don’t have the money to buy time,we don’t have the money to put $2 million in a race and say“We’re going to win it with a cookie cutter-type of cam-paign”—we have to know the people, we have to get thebest candidate, we have to articulate the issues and wehave to be tremendous at the grassroots. The conferenceis great at those types of things.

ON/OFFTHE RECORD BREAKFASTDebating Dysfunction and Tackling Taxes, New and Old

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ISSUE FORUM:HEALTH

BY ASSEMBLY MEMBER

RICHARD GOTTFRIED

MARTIN LUTHER KING, JR. SAID,“Of all the forms of inequality,

injustice in health care is the most shock-ing and most inhumane.” In New York, wehave glaring disparities in health care incommunities of color and among women.

Infant mortality rates—the percentageof babies that die before their first birth-day—are more than twice as high forblack New Yorkers as for whites. Peopleof color are more likely to have no healthcoverage—17 percent of blacks, 35 per-cent of Hispanics, 20 percent of women,but only 10 percent of white males.People of color have much higher ratesthan whites of chronic conditions thatcan be avoided or better treated by prop-er primary and preventive care, such asdiabetes, asthma and heart disease.

The causes of health disparities arenot a mystery. More people of color livein poverty, which can have devastatinghealth effects. There are fewer healthservices located in communities of color.People of color live in communities withmore environmental pollution.

Language and cultural differencesmake it extraordinarily difficult for peo-ple to use the health care system.

Furthermore, negative attitudes and

lack of understanding on the part ofhealth care providers—especially frombackgrounds far from those of theirpatients—can be real barriers to caring,quality, professional health services. Fewhealth professionals are from the com-munities they serve.

Making headway against the problemsin our health care system will go a longway in reducing health disparities. Thisyear’s state budget enacts many long-overdue steps in that direction proposedfirst by then-Gov. Eliot Spitzer (D) andapproved by the Legislature.

The new “Doctors Across New York”program and related efforts will supportyoung health professionals who practicein underserved rural and urban areas.This could help young people from thosecommunities serve their communities.

The new state budget begins to shiftresources to community-based providersof primary and preventive care—commu-nity health centers, hospital clinics andprivate practitioners.

Much more needs to be done. Forexample, New York requires hospitals toprovide language access services. Theserules need to be enforced and broadenedto cover other providers. We should fundthese services to ensure that they areprovided.

The most important action to reduce

health disparities is to adopt universalhealth coverage for all New Yorkers.Former Governor Spitzer began develop-ing a universal coverage plan, andGovernor Paterson is continuing thatwork. He is expected to present theresults of these efforts later this year.

It should not only get coverage to theuninsured, but also deal with the insuranceproblems of those who do have coverage.

People without health coverage faceobvious obstacles to health care. Buteven people with health coverage faceobstacles. High deductibles, co-pay-

ments, limited benefits, limited providernetworks, unfair denials of coverage forservices, and inadequate payments thatrequire patients to pay more to providersare unfair to all of us, but especially hurtpeople with limited financial resources orlimited educational background to helpthem deal with health plan bureaucracies.

The right answer is to offer publicly-sponsored coverage paid for with broad-based public financing, like Medicare orChild Health Plus—but for every NewYorker.

Publicly-sponsored coverage wouldbe accountable to the public, not toinsurance company stockholders. We’dbe able to promote primary and preven-tive care, offer reimbursement rates thatprovide access to quality health care, andsupport language access—all key toovercoming health care disparities.

Progressive public financing wouldmake it available to everyone, with the costfairly distributed based on ability to pay.

(For information on my proposal foruniversal health coverage, “New YorkHealth Plus,” go to:http://assembly.state.ny.us/mem/?ad=075&submit=Go.)

Richard Gottfried, a Democrat repre-

senting parts of Manhattan, is chair of

the Assembly Health Committee.

Overcoming New York’s Health Disparities

BY COMMISSIONER RICHARD DAINES, M.D.

THIS SPRING, WE’RE MAKING

progress in our efforts to protectand improve the health of New York’s 19million residents.

An historic budget agreement bringsus a step closer to our goal of universalcoverage. With funding to expand eligibil-ity in our Child Health Plus program, webelieve every single child in New Yorkwill have access to affordable healthinsurance.

The budget also begins the most sig-nificant health care reimbursementchanges that New York has undertaken inover a decade. The budget does this byshifting Medicaid funding from hospitalinpatient care, where historically NewYork has overpaid for services, to pri-mary care, where we have underpaid.

As the single largest payer of healthcare in the state, New York Medicaid willlead the way in restructuring New York’shealth care system. As part of a four-yearreform strategy, this year Medicaid willincrease reimbursement for primarycare, pay higher rates for weekend andevening hours and cover the costs of dia-betes and asthma educators.

In the first year, over $300 million willbe invested in outpatient services, includ-

ing hospital and community clinics,ambulatory surgery and a 35-percentincrease in Medicaid fees paid to physi-cians. This investment is desperatelyneeded in light of a decade-long freeze onall clinic rates and Medicaid physicianfees that are among the lowest in thecountry. New York’s physicians, in turn,need to step up and serve the Medicaidpopulation.

To help counter a shortage of physi-cians in both rural and inner city areas,the budget creates a new Doctors AcrossNew York program, which will providefinancial assistance, including education

loan repayments and start–up grants, tophysicians who make a commitment topractice in a medically underserved com-munity. Like Medicare, Medicaid will alsopay enhanced fees to physicians whopractice in shortage areas.

As part of our reform efforts to alignquality and safety with reimbursementincentives, beginning in October Medicaidwill no longer pay for complications ofrare but serious hospital-acquired condi-tions, such as objects left in patients dur-ing surgery, blood transfusion incompati-bility and other preventable errors.

These groundbreaking reforms wouldnot have been possible without the sup-port and leadership of Governor David A.Paterson (D) and our legislative leaders,including Assembly Member Richard N.Gottfried (D-Manhattan), chair of theAssembly Health Committee, and StateSen. Kemp Hannon (R-Nassau), chair ofthe Senate Health Committee.

Along with ensuring that New Yorkershave access to high-quality health care,our priority is to help New Yorkers pre-

vent the conditions that lead to poorhealth and disability. To help focus theseefforts, this spring we launched a new“Prevention Agenda Toward theHealthiest State.”

The Prevention Agenda is a set ofgoals and measures for improving the

health of New Yorkers through the pre-vention of chronic and infectious dis-eases, injuries, obesity and tobacco use,to name a few. We know that the keys tolonger, healthier lives are regular exer-cise, healthy eating, avoiding tobaccoand getting preventive health care suchas immunizations and cancer screenings.

For example, 19 percent of adult NewYorkers are smokers. If we reduce this rateto the Healthy People 2010 goal of 12 per-cent, an estimated 911,000 fewer NewYorkers would suffer the morbidity andmortality caused by tobacco use.

More than 25 percent of New Yorkadults are obese. If we can meet theHealthy People 2010 goal of 15 percent,nearly 1.2 million New Yorkers wouldreduce their risk for hypertension, type 2diabetes, heart disease, stroke and somecancers.

To help implement our PreventionAgenda, we are calling on local healthdepartments, health care providers,health plans, schools, employers, busi-nesses and other local partners to joinhands in supporting community educa-tion and prevention initiatives thatimprove the health status of NewYorkers.

Richard Daines, M.D. is the state

health commissioner.

Restructuring Health Insurance and Investing in Prevention

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BY REP. CAROLYN MCCARTHY

THERE IS NO QUESTION THAT OUR

nation is experiencing a healthcare crisis. Millions of Americans

are uninsured and forced to make difficultchoices between seeking adequate healthcare services and paying for other basicnecessities. What is perhaps most troublingis that, more often than not, the most vul-nerable among us, children and the elderly,go without health care all together.

America’s health care shortcomingshave become one of the most vexingissues of our time. But nowhere is itmore difficult to bear than when childrengo without health care. That is why Ihave consistently championed the causeof health care coverage and availabilityfor children through the State Children’sHealth Insurance Program (SCHIP).

It is crucial that SCHIP receive adequatefunding and that coverage is available for allchildren in need. That’s why in December Ivoted for a short extension of SCHIP untilMarch of 2009. The bill the House passedwill ensure that children currently coveredunder the SCHIP program maintain theircoverage. Unfortunately, while I supportedthe extension, I worked tirelessly throughthe fall to pass a longer reauthorization thatwould secure the health care needs of chil-dren for years to come.

We can not take any shortcuts in cov-ering children’s health care needs. WhileI’m disappointed in the bill the Housepassed, SCHIP would have otherwise lostits funding. Under the current system,over 6.6 million children nationwide arecovered by SCHIP. Congress needs to actto extend coverage to the millions of chil-dren who do not currently qualify underSCHIP, but still go uninsured.

Additionally, I have introduced an initia-tive that would focus attention on commonhealth maladies suffered by tens of thou-sands of American children born with con-genital deformities such as cleft lips andpalates, skin lesions, vascular anomalies,malformations of the ear, hand, or foot andother more profound craniofacial deformi-ties, and require insurers to cover recon-structive treatments and surgeries.

Currently, for children that are insuredunder private health insurance, importantcorrective procedures that address con-genital deformities are often not coveredunder many plans. The procedures areoften said by insurance companies to be“cosmetic” and not “medically necessary.”

Unfortunately, there are numerousexamples of children and families aroundthe country that are experiencingobstruction and denial to necessaryreconstructive surgical care. It is essen-tial for children with these problems to

receive timely surgical care in order tohave a chance at leading normal lives.And yet, an increasing number of insur-ance companies are denying access tocare by labeling the procedures “cosmet-ic” or “nonfunctional” in nature.

The arguments on behalf of the insur-ance companies that deny coverage forthese correctable ailments fail on a num-ber of significant points, and the need forcorrective surgeries goes far beyond cos-metic and aesthetic issues. In fact, chil-dren with severe cleft lips and palates,for example, can have difficulty breath-ing, swallowing and may even need spe-cial feeding tubes to eat—not to mentionthe psychological and emotional impactof living with visible deformities.

That’s why I have introduced theChildren’s Access to ReconstructiveEvaluation and Surgery (CARES) Act, toguarantee that children in need of recon-structive surgery are not denied care.The CARES Act differentiates betweencosmetic and reconstructive surgery andrequires managed care and insurancecompanies to do the same.

These treatments mean the world tofamilies and helps children move throughthe world with a new sense of confi-dence. This is a serious health matter tothe children and their families, and sur-gery will change their lives forever. Ibelieve insurers have a responsibility toprovide coverage.

We need to do all we can to continueto fight for the health care needs of ournation’s most valuable resource: our chil-dren. We have the ability and responsibil-ity to provide adequate coverage forAmerica’s children and I will continue towork to make sure that no children gowithout the care that they need. They areinnocent in this battle, and Congressneeds to act to help them live full, pro-ductive and healthy lives.

Carolyn McCarthy, a Democrat

representing Nassau County, is the

chair of the Subcommittee on Healthy

Families and Communities.

No Shortcuts in Covering Children’s Health Care NeedsISSUE FORUM:HEALTH

“Helen, I’m a wreck...I almost made amistake today thatcould have costsomeone their life!I was so tired,I wasn’t thinkingclearly.”

EndMandatoryOvertime.The life you savemay be your own.

“Let me guess,another double shift?

Third time this week, right?”

The shortage of nurses working in state facilities continues to drive mandatory overtime to record levels,creating critical conditions for nurses and their patients.

Long work hours and unpredictable shifts can leave nurses so fatigued, they risk jeopardizing the safety oftheir patients.

State facilities must stop using mandatory overtime as a staffing tool.The state Assembly passed legislation last year limiting the consecutive hours worked by nurses.State Lawmakers; it is up to you to pass legislation banning

mandatory overtime for nurses in New York State.Help protect patient safety — pass A.1898B and S.6342.The life you save may be your own.

New York StatePublic Employees Federation, AFL- CIO

Representing 58,000 professional, scientific, and technical employeesKenneth Brynien, President Arlea Igoe, Secretary-Treasurer

www.pef.org

The Answer to Our Nursing Shortageis Knocking on Our Door.

THIS AD IS SPONSORED BY

New York’s health care providers continue to face a critical nurs-ing shortage that challenges patient care and diminishes nursingmorale. But for years, the answer to the shortage has literallybeen knocking at our door.

Every year, New York’s nursing schools are forced to turn awaynearly 4,000 nursing students because the schools can’t providethe faculty, laboratory space, and other resources necessary toteach them.

Demand for nurses will only grow in the coming years. We mustact now. The answer to this shortage is to educate more nurses.To do that, we must increase the capacity of our nursing schools.

The New York State Nursing Shortage Correction Act (S.4994-B[Maziarz]/A.8645-A [John]) makes the critical investments ournursing schools must have to educate the nurses we desperatelyneed.

Let’s open the door.Pass the Nursing Shortage Correction Act.

NEW YORK ORGANIZATION OF NURSE EXECUTIVES

ISSUE FORUM:HEALTH

BY ASSEMBLY MEMBER JIM BACALLES

WHAT IS RE-BASING AND WHY IS IT

critical to the financial stability ofnursing homes, especially upstate? Thebase year refers to the basis for reim-bursement to nursing homes to care forthe Medicaid population.

When the Medicaid program began,nursing homes were reimbursed according

to their costs. In order to control costs inthe mid 1980s, New York determined reim-bursement would be based on 1983 costs. Atrend factor was then used to adjust thebase year for inflation. Obviously, the trendfactor did not take into account any of theadditional mandates adopted by the state.

During this same time frame, the statealso decided they would no longer reim-burse all residents at the same rate, but

would assign them intogroups depending on thelevel of care required.Residents who requiredmore care would be reim-bursed at a higher amount.The change in policy inthese two areas dramati-cally changed the adminis-tration of nursing homes.

If a nursing home had a significantnumber of low-level care residents,their reimbursement would be affect-ed for a longer period of time.

The 1983 base year, strangelyenough, would last into the 21st centu-ry and certainly would create difficul-ties for New York nursing homes.Mandates coming from the healthdepartment would not be included intheir costs. The only financial port in

the storm for long-term care facilities wastheir use as a rehabilitation environment.People who need rehab from various surger-ies, strokes or accidents are being placed innursing homes. Insurance and Medicarefound these settings cost-effective and nurs-ing homes found that rehab residentsincreased revenues. The rehab componentfor nursing homes became so financiallybeneficial that a growing number of facilitiesnow dedicate a certain number of beds forrehab residents. This is the primary reasonwhy occupancy rates have gone down, asnursing homes would rather dedicate bedsfor rehab residents because of the effect thehigher level-care resident has on revenues.

Even with help from rehab residents,nursing homes were still struggling with the1983 base year. The other way to compen-sate for the low Medicaid reimbursementswas to raise the private pay rates. Althoughthis helped somewhat, it usually only short-ened the time for residents to use their ownresources before becoming eligible forMedicaid assistance. This also tended toincrease the percentage of residents receiv-ing Medicaid.

The issue of changing the base year tobetter reflect the actual costs has been dis-cussed for a number of years, but strangelyenough has not been the concern of allnursing homes. When the state reimbursedall costs incurred in operating nursinghomes, downstate nursing homes saw thisopportunity to “staff-up” their facilities.Medicaid did not set staffing levels per resi-dent, so this meant each facility could hireany number of staff.

When the state set the 1983 base year,downstate nursing homes reacted by reduc-ing staff. This lowered their actual costsbut, because they were being reimbursedbased on their 1983 costs, did not reducetheir revenue. It was a win-win for nursinghomes downstate. When the state changedthe base year, we actually put in a hold-harmless clause because nursing homesdownstate would rather receive the 1983rate rather than the current one.

Medicaid reimbursements for nursinghomes are critical to their ability to operateefficiently. These facilities care for thefrailest in our families and without ade-quate revenues cannot hire the staff todeliver the quality of care all of us demand.

Jim Bacalles, a Republican represent-

ing Steuben and Yates counties, is a mem-

ber of the Assembly Health Committee.

Time for a Medicare Fix 25 Years in the Making


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State Sen. Catherine Young (R-Chautauqua)Chair of the Agricultural Committee

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THE CAPITOL MAY 2008 11www.nycapitolnews.com

BY ADAM PINCUS

THE CAMPAIGN PITTING VETERAN 18-TERM

Sen. Frank Padavan (R-Queens) against well-financed challenger New York City Council

Member James Gennaro (D-Queens) has been quietso far, but both candidates said the contest is heatingup and each party expected to spend more than $1million trying to win the seat that arcs fromWhitestone, Bayside and Douglaston in the north toJamaica and Jamaica Estates in the south.

The race is one of a handful of seats Democrats arefocusing their efforts on in the push to take the majorityin the Senate.

But according to Council Member Tony Avella, aDemocrat representing parts of the Senate district, theefforts so far are hard to discern.

“I haven’t seen Councilman Gennaro in my end of thedistrict. It is not clear to me a race is going on,” Avellasaid.

Gennaro said Avella had not seen him campaigningbecause Avella is waging his own dark horse campaignfor New York City mayor next year, and had been out ofthe district himself.

Meanwhile, Padavan, 73, said public evidence of anunderhanded campaign existed in the form of unnamedflyers and recorded calls targeting residents in the dis-trict. The blitz began in March and April, with attacksaccusing him of voting to send city tax dollars to subur-ban districts for education funding.

Padavan rejected the accusations, and sent a let-ter to the state Board of Elections April 24 askingfor an investigation of the calls and literature that hesaid violated election rules by not including the fun-der’s name.

A similar mailer with the return address of AltasDirect Mail of Long Island City turned up in mailboxes inthe district of State Sen. Joseph Robach (R-Rochester/Parma/Greece/Brighton), another targetedRepublican, Padavan noted.

Gennaro, 51, insisted he did not know who wasbehind the calls and mailers. But what mattered to himwas that the criticism was on the mark.

“What is more important is the veracity of what isbeing distributed and not the signature on it,” he said. “I

would like it to be signed, [but] I am not in the businessof telling an entity how they should exercise their freespeech.”

Gennaro, best known for being an outspoken advo-cate of green technology as the chairman of the Council’sEnvironmental Protection Committee, said he was takingon Padavan, a popular senator in a Democratic district, tofix the “undemocratic” system in Albany.

Democrats and Republicans gave their own spins onPadavan’s 60-to-40-percent victory over unknown andunsupported Democratic attorney Nora Marino in the2006 general election.

Gennaro called that race close given that Marino gotalmost no support from Queens Democrats, and wasoutspent by Padavan by about four-to-one.

“Forty percent voted for nothing rather than forFrank Padavan,” Gennaro said. “If you barely break 60percent in your own district, then you are in trouble.”

As of the latest state Campaign Finance report,Gennaro was far ahead, having raised more than$380,000 since the fall of 2006. He had more than$250,000 on hand, in mid-January.

Padavan had less than half that on hand, $115,200. Both are expected to fill their coffers as the election

season progressed.Gennaro predicted he would get strong backing from

people in ethnic groups new to the area, whom heaccused Padavan of ignoring. His top donors—Hermanand Sadna Bhupsingh and their mortgage companyTropical Funding—are Guyanese, and have alreadygiven $27,000.

“Frank Padavan has not been very kind to immigrantsin his district,” Gennaro said.

Padavan dismissed this attack as well.“The claims made by Councilman Gennaro are down-

right erroneous,” Padavan said in an e-mail. “As a grand-son of immigrants, I am acutely aware of the valuableand lasting contributions immigrants make to our coun-try and state.”

For now, the disputes continue by proxy. Gennaroand Padavan have not had a head-to-head debate yet,and none are yet scheduled.

[email protected]

Direct letters to the editor to

[email protected].

State Sen. Frank Padavan says he is confident about winning a 19th term, despite his firstmajor opponent in years.

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Padavan Claims Dirty Tricks on Mailers,Gennaro Points to Ignored Immigrants

The New York Affordable Reliable ElectricityAlliance (New York AREA) is a diverse group

of business, labor, environmental, and commu-nity leaders working together for clean,

low-cost and reliable electricity solutions thatfoster prosperity and jobs for the Empire State.

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

Regional growthrequires increasedenergy supply

By: Dr. Matthew Cordaro

Downstate New York is headed for an energy crisis, made worseby decisions to halt both the Broadwater Energy LNG terminalin Long Island and the TransGas power plant in Brooklyn.

Long Island has been here before; it’s been nearly 30 years sincethe Shoreham Nuclear Power Plant was abandoned but residentsare still paying for it. Arguments against Shoreham includedsafety issues, and whether or not it was needed. Today, in lightof nuclear power’s exemplary record, New York’s high cost ofenergy, excessive dependence on foreign oil and threat of limitedelectricity supply looming, it’s obvious that shutting downShoreham was a serious error. This lesson in history should beheeded.

Broadwater offered a solution to Long Island’s energy needs,supplying the area with an additional billion cubic feet per dayof clean natural gas, and saving residents an estimated $14.8 bil-lion. Governor Patterson said “…Broadwater would scar LongIsland Sound.” I say, not having enough natural gas to reducegreen house gases by 40% over oil or to enable the re-poweringof old polluting power plants burning oil, will scar Long Islandfar more significantly.

The Board on Electric Generation Siting and the Environmentalso killed the TransGas Energy Systems’ proposal for a powerplant on the North Brooklyn waterfront. Even though TGE re-vamped plans to accommodate public concerns and land-useissues, the project was continually thwarted by legal battles andmounds of red tape.

Yet, again, New York officials catered to NIMBY opposition andchose to ignore the need for more power, stating that the benefitsof TransGas “didn’t outweigh the negative impacts of construct-ing the facility.”

The fact is that, for the last 100 years, the TransGas site was anindustrial oil tank farm that became contaminated over thedecades. Meanwhile, electricity costs rise and the demand formore power rises as the population increases. I’m hard-pressedto know where all the additional power will come from.

The downstate region has been growing significantly, and is esti-mated to rise steadily. This will inevitably add more energydemands on an already strained grid. Rejecting projects likeBroadwater and TransGas is counter to the efforts necessary todeal with this eventuality.

Dr. Matthew C. Cordaro, a member of New York AREA, is an energyexpert and Professor at the C.W. Post Campus of Long IslandUniversity. He is a former CEO of the Midwest ISO and NashvilleElectric, one of the largest public utilities in the nation. He was alsoSenior VP of Operations for the former Long Island Lighting Company.

W W W . A R E A - A L L I A N C E . O R G

BY DAN RIVOLI

STATE SEN. ANDREW LANZA

(R-Staten Island) keeps facing gen-eral elections like the one sched-

uled for this fall, he may be set for a careerlike that of his rarely challenged predeces-sor, John Marchi (R), who retired after 50years in 2006.

Without Lanza in the race, however, theseat could be in competition—which helpsexplain why Republicans in Staten Islandseem to be coalescing around the idea ofStaten Island District Attorney DanDonovan as the potential successor forscandal-ridden Rep. Vito Fossella (R-StatenIsland/Brooklyn). Lanza alone seems tosecure the district for the GOP, making thisa crucial uncontested race in this yearwhen the Republican Senate majorityseems more endangered than almost everbefore.

In a year when Democrats are targetingareas they have not before—and when twoRepublican senators in Queens facemounting opposition—Lanza’s seat seemslikely to be ignored in the quest to takeover the majority.

Even with an enrollment edge thatfavors Democrats, the district has longbeen safe for Republicans: drawn forMarchi, it consists of almost the entireborough, save for the reliablyDemocratic North Shore.

Democrats rarely mounted challengesagainst Marchi and, in many instances,cross-endorsed him.

To island Democratic consultantVincent Montalbano, this was a mistake.

“If you don’t exercise, you get flabby,”he said. “If you don’t find candidates andrun them, see whether they can raisemoney and run a campaign, then youcan’t hope to have a good enough benchto choose from.”

Chris Bauer, the executive director ofthe Staten Island Democratic Party, saidthere will be a candidate.

“Names are floatingaround,” Bauer said. “Wedon’t like to see races gounchallenged. It’s just toughto get somebody to runagainst an incumbent.”

He refused to provideany names being consid-ered.

Names not being considered, howev-er, are those of all the Democratic elect-ed officials in the district. Titone and theother two local Assembly members saythey enjoy their positions in the majority.

City Council Member MichaelMcMahon, meanwhile, is gearing upfor a race for Staten Island boroughpresident next year.

Titone—whose profile from hisrace against Lanza helped win himthe Democratic nomination andwin in the special election to fillthe Assembly seat of the late JohnLavelle—said that candidatesinterested in future races shouldbe in the Senate race this year.Realistically, he said, that is theonly real reason to take on Lanza.

“The only real reason to run arace for the 24th Senatorial districtis if you have aspirations to run forthe mid-island council seat and youwant to get your message out thereearly,” Titone said.

Democrats have not prioritizedthis race, even when presented withan issue that might make Lanza vul-nerable: his public support for con-gestion pricing, though the issuenever formally came up for a votein either chamber of theLegislature. Three-quarters ofStaten Islanders opposed conges-tion pricing.

But that alone would not beenough rationale for a candidacy,according to Assembly MemberMichael Cusick (D-Staten Island),who came out against congestion pric-ing after the bill died and is not interest-ed in challenging Lanza.

“I don’t think one issue defines anelected or a candidate,” Cusick said.“Staten Island isn’t a one-issue borough.”

State Sen. Diane Savino (D-StatenIsland/Brooklyn), who represents aneighboring district and is in charge ofrecruiting Senate Democrats statewide,explained that the decision to skipLanza’s race was practical: her party’sefforts, she said, must be focused on win-

ning high-profile races.“We’re one seat away from the majori-

ty and we have to target our resources inthe best way,” she said. “We’re not goingto toss a blanket on the state.”

Lanza is confident that voters willunderstand his positions on congestionpricing and the other issues that havecome up during his first term; and evenwithout an opponent, he plans to cam-

paign as usual by travel-ing around the district,trying to convince con-stituents that he made theright decision on conges-tion pricing and otherissues.

With congestion pric-ing no longer an issue,Lanza will be able to pro-

mote his success in making the boroughits own judicial district through a billwhich Island legislators had been trying toget signed for two decades. Lanza collabo-rated with Cusick to get then-Gov. Eliot

Spitzer (D) to sign the bill into law lastDecember.

“I refused to accept it couldn’t happen,”Lanza said. “I picked a few priorities, andthat was number one on my list.”

Lanza said he had not thought aboutrunning for Senate until Marchiannounced his retirement in the spring of2006. But finally getting the new judicialdistrict established in his first term is thekind of accomplishment he believes hisconstituents were hoping for when theyfirst elected him, and will appreciatewhen he goes before them again this fall.

“That single accomplishment,” Lanzasaid, “told me that I made the right deci-sion.” C

[email protected]


[email protected].

Despite Democratic Edge in District,Lanza Will Face No Major OpponentNo challengers emerge for freshmanRepublican in contested year


“We’re one seat away from themajority and we have to targetour resources in the best way,”

said State Sen. Diane Savino.

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Democrats Hope to Distract, If NotDefeat, Saland with ChallengerNine-term senator focused on governing, Dowon studying, but race set for fall

BY JOHN R.D. CELOCK

THOUGH COLUMBIA COUNTY DEMOCRATIC

Chair Ken Dow, also a former county elec-tions commissioner, is seen as likely to give

State Sen. Stephen Saland (R) a more competitiverace than usual, he is not viewed as among theDemocrats’ top-tier challengers this year.

Dow said his reasons for entering the race weresimple: he opposes the agenda of the Republicanmajority and wants to change how the Senate oper-ates. With more Democrats and more Democratic vic-tories in Dutchess and Columbia counties of late, hebelieves this year is prime time to challenge the nine-term Saland.

Central to Dow’s candidacy is his emphasis onrewriting the rules of the Senate, insisting that minor-ity members should be able to have their bills heardand member items allocated more equitably.

“It’s a very self-serving body that is primarily con-trolled by perpetuating its incumbency. Regular peo-ple are being served by a clubby group of Republicansenators who think they own the place.”

As a member of the leadership responsible for therules structure, Saland should be held particularlyresponsible for the current situation, Dow said.

“Saland is on the Rules Committee and the rulesare formulated by Joe Bruno and Steve Saland,” hesaid. “I have passionate feelings about defending theideals of the democratic system.”

Dow is concentrating most of his platform on theneed for a Democratic majority and on the proce-dures of the Senate, including more floor debates anduse of best practices in the chamber. He said thiswould be the bulk of his focus on the campaign trailand that he would focus on policy issues if elected tothe Senate.

Whether his arguments about technicalities of cham-ber rules will resonate with voters as he tries to topplethe longtime Republican incumbent remains to be seen.

Dow said he decided to enter the race on his ownand was not recruited, but described his conversa-

tions with the campaign committee as positive. Hebelieves the state party will be enthusiastic about hisrace.

State party insiders said that Dow is currently ablip on the state party’s radar, though they are moni-toring the race. Polling underway will guide theparty’s interest in the race.

But Dow’s most valuable function, they say, maybe keeping Saland focused enough on his own race todistract him from assisting other, more vulnerableGOP senators.

Saland had $177,000 in his campaign account as ofthe last filing period. Dow has not filed a campaignfinance report with the state yet and declined to dis-cuss how much he has raised to date. Though insistinghe is confident in his ability to raise the money neces-sary, he declined to discuss his fundraising target.

Saland has held the seat since 1990, following adecade in the Assembly.

Although he did quietly announce his re-electioncampaign in April, he declined comment, sayingthrough a spokesperson that he is currently focusedon governing and would address political questions

after the end of session in June. Dow also has other things on his mind through the

spring. After spending years working in the financialsector, the 47-year-old began taking courses at AlbanyLaw School in 2005. He is currently finishing his lastsemester.

Unlike most of his classmates, though, he willspend the summer campaigning instead of studyingfor the bar. He does not plan to take the exam inAugust.

Enrolling in law school was one step in a careerchange. Unseating Saland, he hopes, will be the next.

“I went to school in 2005 because of my decisionto direct myself into lawmaking,” he said. “I did notgo to law school to be a private practitioner, but toprepare myself for public service.”

[email protected]


[email protected].

Whether his arguments about technicalitiesof chamber rules will resonate with voters

as he tries to topple the longtimeRepublican incumbent remains to be seen.

www.nycapitolnews.com

The publicationfor and about

New York State Government

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

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

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

Carpenters, IBEW and many more.


Reliable, affordableelectricity the onlyoption for NewYork’s hospitalsBy: Keith F. Safian

Stop blocking everything! Nuclear, liquefied natural gas, windpower – some people oppose every alternative to imported oil.It is time to stop the ill-informed opposition and start taking con-structive steps to move our region toward energy independence.

The demand for power by all consumers is increasing, andPhelps Memorial Hospital Center is no exception. We justopened our second medical office building and a 750-space 5-story parking garage (and yes, parking is still free at Phelps!).As the hospital continues to expand its facilities and services,our energy consumption will have to rise. When the construc-tion that is currently underway is complete, our physical plantwill be 100% larger than it was two years ago. Numerous, suc-cessful conservation programs have reduced our energy con-sumption in the existing buildings, but, with growth, Phelps willneed some 30% more power over the next few years.

Unfortunately, due to the extraordinary price increases for for-eign oil, Phelps’ energy bill skyrocketed to $2 million last year,and we expect it to jump to $2.8 million in 2008. Our commu-nity is not well-served when their hospital has to divert a hugeamount of money for basic electricity and heat. We wouldmuch prefer to spend those extra millions on our patients.

What we, and every other business, school, and resident need isplentiful, affordable, clean energy. None of us can absorb thegrossly inflated price of foreign oil which is certain to get evenmore expensive given the instability and greed among OPECmembers and the growing energy demands of China and India.

What we need in our region is cleaner, more affordable energy.We need hydroelectric, wind, natural gas, and most importantly,nuclear power.

Nuclear power is proven, cost-effective, and pollution-free.And it is extremely safe. Phelps has been a back-up hospital toIndian Point for over 20 years. In that entire time, Phelps neverreceived a nuclear-related injury from them. In fact, there hasnever been a nuclear-related death in the history of nuclearpower plants in the United States.

I will close by urging everyone in our community to accept theunchangeable realities concerning foreign oil. Instead of oppos-ing proven alternatives, we need to proactively support the avail-able solutions to our relentless energy needs. We should worktogether to support re-licensing Indian Point – that’s a “no-brain-er.” It is inconceivable that we could consider stopping the non-polluting source of 30% of the power in our region when thepractical alternatives cause severe health and economic problems.

Keith F. Safian is President & CEO of Phelps Memorial HospitalCenter in Sleepy Hollow, N.Y.


BY CARL WINFIELD

GOV. DAVID PATERSON’S (D) ADMINISTRATION

has indicated that a new power plant siting law toreplace Article X is one of the new governor’s top priorities.

“Article X is good for the state,” said Michael Wyland,a Paterson spokesperson.

A new siting law introduced last year—the first andonly since Article X expired at the end of 2002—died inthe Assembly.

New York has never had a comprehensive energy pol-icy, but Article X did come close.

The law gave the seven-member NewYork State Board on Electric GenerationSiting and the Environment the ability todetermine where power plants could bebuilt. It also provided developers with con-solidated lists of construction requirementswhich enabled them to plan constructiontimelines. In effect, Article X was a way tofast-track new construction.

Under Article X, residents, community activists andlocal governments objecting to the construction of newpower plants in their communities were generally pow-erless to stop developers from building.

More than 18 million New Yorkers depend on thestate’s network of aging power plants for an estimated142 million megawatts of power. Under an expired

Article X, new power plant construction is much moredifficult in New York than elsewhere in the region.

Sen. George Maziarz (R-Niagra/Orleans) andAssembly Member Kevin Cahill (D-Ulster/Dutchess),the respective chairs of their chambers’ energy commit-tees, agree that the state’s existing plants will not beable to meet the future needs of New Yorkers.

“If the blackout of 2003 was not a wake up call forNew York, then it should have been,” said Maziarz. “Ourpopulation is growing and all of those people needpower.”

But until they can persuade local legislators, commu-nity groups and plant developers to compromise on anew energy policy, the state will risk losing billions inproperty taxes and becoming dependent on energy gen-erated outside of the state.

“This is not only about power,” Maziarz said. “This isabout economic development and the future of New York.”

Eliot Spitzer, whose gubernatorial administrationpromoted environmentally-friendly policies and eco-nomic development upstate, introduced measures tolower the cost of electricity upstate and attract newbusinesses to the region. He did not address the rein-statement of Article X.

Paterson also has historically had a strong commit-ment to pro-environmental policies, but his focus on thebudget in the first weeks of his administration preventedhim from taking many public positions on other issues.

Opponents of renewing Article X say that passing anew law would be bad for New York, becausefast-tracking often enables developers to putplants in already suffering neighborhoods.

“Everybody talks about plants like they arethe answer to all of the state’s problems,” saidactivist Mathy Stanislaus, of Manhattan’s NewPartners for Community Revitalization. “Butthey always want to build in poor communitiesthat have already been polluted by huge indus-

trial developments.”But without a siting law like Article X, developers

risk investing millions of dollars into development for aplant that could be rejected by any local government. Asa result, some say that developers are already looking tobuild their plants instead in states like New Jersey andConnecticut, where energy policies exist to protect theplants and their investments.


“This is not only about power,”said State Sen. George Maziarz.

“This is about economic develop-ment and the future of New York.”

Legislators Hope for NewEnergy Behind Article X Renewal

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Seeds of new power plant fast-track legislation may sprout after five years


“A few people can kill a power plant before it evengets built in New York,” said Gavin Donohue, presi-dent and CEO of the Independent Power Producersof New York. “So developers are going to otherstates.”

Cahill and Maziarz both hope that Paterson willwork with them to either reinstate Article X or drafta new siting law before the end of the current session.As they do, they will have to contend with communi-ty stakeholders who have gotten used to sole control

over new plant development in the more than fiveyears since Article X expired.

Cahill expects a tough fight. “Everyone has a stake here, from the developers

to legislators and residents,” Cahill said. “But the longer we wait, the longer it will take to

pass a new siting law.”[email protected]

Direct letters to the editor

to [email protected].

As much as some political leaders say theywould like to wean residents off of electric-ity produced by burning fossil fuels, the

state does not currently have anywhere near thenumber of renewable energy power plants to gen-erate enough power to satisfy residents’ needs.

“You can put all of the solar mirrors you want toin the desert, like they do in California,” saidVincent Cozzolino, CEO of the state’s Solar EnergyConsortium, a body committedto attracting solar energy com-panies to the state. “But whereare you going to put some-thing like that in New York?”

James Denn, a representa-tive for the state’s PublicService Commission, said thatdespite the differencesbetween a solar power farm ora collection of wind turbinesand a traditional fossil fuel-burning plant, both are consid-ered power plants, providedthat they generate a minimumof 80 megawatts of energy. Butthe size of such plants, andenergy developers’ depend-ence upon community supportto establish them—especiallyin the absence of a renewedArticle X—make their appear-ance unlikely in the nearfuture. “Some communities may want clean energyplants,” Denn said. “But whether or not we see any-thing significant depends on the site where it willbe built.”

Space is so hard to find in New York that bothNew York City Mayor Michael Bloomberg (Unaff.)and Gov. David Paterson (D) have proposedinstalling solar panels onto municipal buildings.Some have even suggested that the sides of NewYork State Thruway be lined with enough solarpower cells to power the state.

But even the largest proposed solar energyplant in the state, the Long Island Power Authority(LIPA) Solar Project, will only supply 50 megawattsof power each hour, far less than the 12,133,000megawatts of electricity which New York’s com-bined coal, gas, hydroelectric and nuclear powerplants generated per hour in 2007.

The lack of available space for plants makes NewYork an unlikely candidate for what environmental-ists are calling a “green revolution.” The cost of cur-rent technology, however, is also a major concern.

Currently, a single solar-power cell costs $8 andproduces only 12 kilowatts of power. Purchasing

enough cells to power one home would cost a con-sumer about $96,000.

For LIPA, then, the question is about diversify-ing the existing means of generating power.

“The plant will produce enough electricity topower 6,500 homes,” said Mark Gross, a spokesper-son for the LIPA. “But when you start putting thingstogether, it’s a start.”

Solar panels, though cumbersome, are compara-tively more space-efficient thanthe 200-foot turbines used to con-vert wind power into electricalenergy.

Ten wind farms located inLakawanna, Calverton, Fennerand South Holt, as well as inMadison and Wyoming coun-ties, generate a combined 424.8megawatts of power. But unlikesolar panels that can capturesunlight anywhere, wind tur-bines must be placed in areasthat receive a steady breeze.

“There are good windresources in the Northeast,including New York,” said LaurieJodziewicz, manager of site plan-ning for the American WindEnergy Association. “But there isjust not enough space to build onthe scale of the wind energy proj-ects in Texas.”

LIPA continues to receive proposals from solarenergy cell manufacturers to develop the SolarEnergy Project. The Solar Energy Consortium hasannounced the construction of a new manufacturingplant by Prism Solar that will bring 400 jobs to thestate. Negotiations are underway to bring another800-worker facility to New York by the end of theyear.

And though NYSERDA’s plans for the construc-tion of new wind turbines have yet to move beyondthe contract phase, tax incentives have madethese turbines cheaper to build.

Renewable energy sources account for less than1 percent of the total energy generated in the state;but some utilities, while supportive of “green ener-gy,” are not convinced that energy generated bysolar or wind power can be safely incorporated ontothe grid.

“We’re concerned about the safety of the grid,”said Joe Petta, a spokesperson for ConEd. “Thisextra energy could short out the grid or createsurges if it is not regulated—and there is no regu-lation for this right now.”

—CW

Even Without Article X, RenewableEnergy Future Brightens

Even the largestproposed solarenergy plant in

the state willonly supply 50megawatts ofpower each

hour, far lessthan the

12,133,000megawatts of

electricity gen-erated per hour

in 2007.

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

sponsorship opportunities, contact us at212-683-1203, [email protected] visit us at www.area-alliance.org


Make investmentsnow to stave offelectricity crisistomorrow

By: Charlie North

The summer of 2008 will mark the five year anniversary of the2003 blackout, which caused more than $1 billion in economicdamages in a 48-hour period and put millions of people in thedark, many for very long periods of time. Without investmentsin energy infrastructure, including generation and transmission,costly and potentially dangerous blackouts may becomeincreasingly common.

Recently, the Northeast Power Coordinating Council (NPCC)reported that 501.4 megawatts of power have been lost from thegrid– that is enough power more than half a million homes -because of the retirement of Lovett 5 generator (188.3megawatts), Russell Station generator (236.4 megawatts), andOgdensburg (76.7 megawatts).

New York’s economy and growing population have been driv-ing the demand for greater electricity supply. According to theNPCC Summer Reliability Assessments Summary Report, thesummer 2008 forecast demand for New York is 1,640megawatts (5.1percent) higher than the summer peak demandof 32,169 megawatts that occurred on August 8, 2007. Unlesswe initiate the plans for new power generation facilities andinfrastructure, New York may face acute energy supply short-ages as early as 2012.

New York State can meet its growing energy demand with posi-tive results by fostering an environment that encourages invest-ment into the energy sector, keeping our current clean nuclearand hydroelectric sources online, and adding new renewableenergy sources and transmission lines to the grid.

With New York paying some of the highest electricity rates inthe nation, there is a negative ripple effect on the growth ofbusinesses and the economy. This puts enormous pressure onbusinesses and residential customers.

These high electricity rates also impede the economic develop-ment and job creation of the future. Lowering these costs whileincreasing the reliability of our electricity supply is critical.

We must get the ball rolling today to develop the plans that willmeet tomorrow’s energy needs. Let’s keep our focus on the realgoals, make the tough decisions, and work together to makethem a reality in 2008.

Charlie North is the President & CEO of the Dutchess County Regional

Chamber of Commerce.



BY EDWARD-ISAAC DOVERE

Election Day 2006 was a cold one inAlbany, so Danny Donohue, presidentof the Civil Service EmployeesAssociation (CSEA), wore a sweat-

shirt when he went out to wave a signabove his head, urging drivers to head tothe polls on their way home.

The sweatshirt was from Sen. HillaryClinton’s re-election campaign. The signwas from State Sen. Joseph Bruno’s.

“People stopped and said ‘Are youconfused?’” Donohue recalled. “And Isaid, ‘No, I’m selective.’”

Donohue says he will wait until hehears back from the ranks of the CSEAover the summer before endorsing anycandidates for this year’s elections, espe-cially in those races that will contributeto the closely watched battle for the StateSenate. But neither he nor just about any-one else will be surprised if and when theunion decides to back most of theRepublican candidates in this year’s StateSenate elections.

This is the way things are in NewYork politics, and the way they havebeen for decades, though on thenational level, few unions would everconsider backing the GOP for much ofanything. The Democrats have themajority in the Assembly. TheRepublicans have the majority in theState Senate. For the most part, unionsupport in the state helps keep thingsthat way.

But this year, loyalties maybe tested. With the margins soslim for both the majority as awhole and in many individualraces, more people, bothinside and outside of thestate’s organized labor move-ment, will be paying attentionto what the candidates do andwho their supporters are. Withthe stakes so high and thescrutiny so intense, some arebeginning to wonder whether this year’sraces will expose fault lines in theunusual relationship between the SenateRepublicans and many several top unionleaders—who tend to see eye-to-eye onlarger contract measures, but not onmany other issues. Control of the Senatemay very well rest on how tight a reinunion leaders will be able to keep on

their members to make their endorse-ments matter.

According to Labor ResearchAssociation executive director JonathanTasini there is a basic question of philos-ophy which union leaders will have toanswer.

“The debate to watchgoing forward is this: canthe labor movement as awhole argue that longterm, it’s better for theiroverall friends to be incontrol, or will there be aview that we supportincumbents if they supportus?” he said.

For Donohue and CSEA,the logic is simple: he hasno interest in simply pre-serving the status quo orfear of risking his closenesswith the leadership in bothchambers. Keeping theRepublicans in power inthe Senate is a basic matterof self-preservation.

Especially with DavidPaterson or any otherDemocrat as governor,Donohue said he believes the CSEAneeds the Republicans in control of theSenate. Without them in the majority, hesaid, his and other unions’ ability to playthe different factions off each other fortheir own benefit would be limited or

eliminated. For unions in New York,Donohue said, two parties will always bebetter than one.

“If there were three that were veryeffective, I’d say keep all three,” he said.“The nightmare is if you have a governorwho is the same party as the Assemblyand the Senate.”

Nationally, unions have been sufferinglately, but not in New York. Betweenthe many unions and their manyacronyms, there are more organized

workers in New York than any other statebut California, and New York has thehighest member density of any state inthe nation. Last year, 25.2 percent of NewYork households reported having at leastone union member, up from 24.4 percentin 2006. The national average is 12.1 per-cent. New York’s unions have more voic-es to speak, more money to spend andmore votes to cast than their counter-parts anywhere else in America. In manycases, the membership of a single unionin New York is larger than the entirelabor movement in other states.

Without the contentiousness thatexists on the national level between thecoalition unions AFL-CIO and Change toWin, and with the unusual solidarityamong New York’s unions in backing theparties in power in each chamber, labor’sgrip on state politics remains firm.

There were fewer than five milliontotal votes in the 2006 gubernatorial elec-tion. There are two million active union

members in New York. With these sorts ofnumbers, said Communications Workersof America (CWA) legislative and politicaldirector Bob Master, New York should bethe most labor-friendly state in the nation.That New York is not, Master said, hasmuch to do with so many unions and thestate AFL-CIO largely following the leadof the public employees unions in stick-ing tight behind the Senate Republicans.

STATEUNIONS

ofthe

Why labor still rules in New York—and what that will mean this November

When pitched correctly said NYSUT PresidentDick Iannuzzi, “the legislators are fantasticstudents.”

“The nightmare,” saidCSEA president Danny

Donohue, “is if you have agovernor who is the same

party as the Assembly andthe Senate.”

CSEA President Danny Donohue said he thinks unions need two par-ties in power. “If there were three that were very effective, I’d saykeep all three,” he said.

“Big business has themoney,”explained PEF PresidentKen Brynien. "We have the handsand feet."

THE CAPITOL MAY 2008 17www.nycapitolnews.comBut for unions which

represent workers in theprivate sector, dependenton government for regula-tions and not for their con-tracts, Master said, back-ing the Senate Republicansdoes not make muchsense. That is why hisunion and others, like theUnited Auto Workers(UAW) and the Retail,Wholesale andDepartment Store Union(RWDSU) have committedthemselves to helping theDemocrats take theSenate.

“If the public employ-ees unions want to do

things for their benefit, great. But whyexpand that to the whole labor move-ment?” he asked. “I understand wherethey’re coming from and they under-stand where I’m coming from. The ques-tion is: What should the posture of theentire labor movement be?”

To Master, the many years that work-ers compensation reform languished inthe Legislature before Eliot Spitzersigned the new law last March is ademonstration of how the general laborapproach to politics in the state has infact hurt many workers.

“If you’ve already agreed in advancethat automatically, we’re going toendorse you, then you end up, as we didbefore Spitzer, with a workers compensa-tion benefit that ranked 49th in the coun-try,” he said. “It was ridiculous that youhad the most unionized state in the coun-try with the largest union involvement

and literally the worstworkers compensation lawin the country.”

The next major laborbattle, Master said, shouldbe for a paid family leaveact. The CWA, in coordina-tion with the WorkingFamilies Party and otherlike-minded unions, willcontinue to lead the chargeon this issue, but he is skep-tical that they will havemuch success. As long asRepublicans remain in themajority, the more particu-lar interests of the largerpublic employees unions

will undoubtedly get priority, Master said. If and when the Democrats succeed in

the fall, the CWA and other unions thathelp Democrats this year will have somesolid friends in the new majority. ButMaster dismissed the idea that the unionswhich endorse Republicans this year willfind doors shut to them. The almostundoubtedly small margin of majority forthe foreseeable future will ensure that,he said.

How that will play out over the nextfew years, with the Senate majoritypotentially flipping back and forth,remains unclear.

For the huge unions, there is not muchto lose by backing the Republicans.Together, members of New York StateUnited Teachers (NYSUT) and 1199

alone make up almost half of all theunion members in New York—mean thatthese unions will continue to keep steer-ing the political process, no matter whom

they back. Depending on what happensin the next few election cycles, theseunions may not need to play theAssembly Democrats and SenateRepublicans off each other: playing theDemocrats and Republicans in theSenate off each other, back and forth,could provide more than enough oppor-tunities to gain advantage.

The CWA and like-minded unionsknow the drill. With 80,000 members, theCWA is one of the larger private employ-ees unions in the state, and one of themost politically active. But they aredwarfed by the public employees unions’ranks, bank accounts and capacity tomobilize.

“We’re significant players in NewYork,” Master said. “But size matters inpolitics. And the ability matters.”

Already this year, the NYSUT quietlyscuttled legislation which would havelinked teacher tenure to standardizedtest performance. Looking forward towhat may be the next major legislativebattle, NYSUT president RichardIannuzzi has repeatedly argued that thecurrent thinking on property tax reformrelies too heavily on trying to find a cap,which he says could end up shortchang-ing public school budgets.

If a cap is proposed by the PropertyTax Commission chaired by NassauCounty Executive Tom Suozzi (D),NYSUT has indicated a commitment tofighting it. Iannuzzi is optimistic that theunion will succeed.

Though NYSUT has a deeper bankaccount and thicker ranks than most,Iannuzzi said that the changes in the cli-mate for organized labor overall haveforced his union and others to recalibrateto new methods beyond donating to cam-paigns or expensive lobbying. Like otherunions, NYSUT’s regular training semi-nars for members prepare them to mosteffectively flex the union muscles not bycalling on the members’ dues, but by call-ing on the 600,000 members themselves.

The options, after all, are not only toendorse either the incumbent Republicansenators or their Democratic opponents.Without sufficient assurances from spe-cific candidates and the leadership’soverall approach to backing labor, unionscould choose to simply sit out certainraces. In elections expected to come

down to a few thousand votes,any one of the major unions notchoosing a candidate couldamount to a choice in itself—because despite the hits unionpower has taken since itsnational heyday most of a cen-tury ago, there is still nothing inNew York that matches theelectoral clout of organizedlabor.

These days, that is less aboutcampaign contributions, withmore the business communityinvesting more of its own dol-lars in the political process. Butnothing competes with unionpower for filling phone banks

and cars full of get out the vote volun-teers.

“The ability to influence issues is con-siderably less, which is why there’s a newemphasis in union organizing,” Bryniensaid. “Big business has the money. Wehave the hands and feet.”

Though having union members to peti-tion or help fill rallies is important, at theend of the day, elections are decided inthe voting booth. Union members consis-tently vote in much higher numbers thanthe population at large, and with so manyunion members in New York, some polit-ical analysts calculate that each unionendorsement is worth close to three andhalf times as many votes as there aremembers in the union.

But though having an active presencein Albany helps, Iannuzzi said the key tosuccess is targeting legislators in their

district offices, where they tend to havefewer meetings than at the LegislativeOffice Building while in session.

“When a piece of legislation is harmfulto students or members, we can effec-tively produce thousands of emails andphone calls to legislators. We havetrained our local leaders to knock ondoors and appear in a legislator’s officeback home,” Iannuzzi said. “If I’m a legis-lator, I tend to listen to the people whoare more vocal, rather than counting the

numbers. That’s where we’ve been veryeffective.”

Though other unions also employ thismethod, Iannuzzi joked that a union ofteachers is particularly well-suited to get-ting its messages across to sometimesunreceptive audiences.

“A good lesson plan has an aim, it hascontent, it has a summary, and probablyhas a follow-up assignment,” he said.

When pitched correctly, Iannuzzi said,“the legislators are fantastic students.”

Teachers have field trips and detentionto hold out as promises and threats totheir students. Unions have endorse-ments to grant or withhold, though for

NYSUT, as with CSEA, 1199SEIU andmany of the public employee unions, thedie has largely been cast. 1199, whichgets most of the attention for its histori-cally close relationship with stateRepublicans, has reportedly committedto backing exclusively GOP candidates inthe fall, and both Donohue and Ianuzzisaid they expect to follow suit.

Ken Brynien, president of the PublicEmployees Federation (PEF), said hisphone is constantly ringing withDemocrats looking to win PEF supportand Republicans seeking reassurances.Though endorsements will not be madeuntil the summer, Brynien said he has asense of how his union will vote.

“The Republicans are asking us tohelp them stay in control and theDemocrats are asking us to help themcome into the majority. We’re trying tomaintain good relationships with all ofthem,” he said. “But we have supportedJoe Bruno for many years, and he hasproven to be a friend of ours.”

Brynien rejected the idea that he oranyone else at PEF will vote on partylines. Despite his preference for Brunoremaining majority leader, Brynien saidhe will still demand each race be consid-

ered individually, even in theunlikely event that this meansbacking fewer of Bruno’smembers than theRepublicans will need to stayin control.

“If we get 30 Republicansthat we like and we can’tstand any of the others, itwould be hard to say, ‘We’vegot to find two more toendorse just because we likeJoe,’” he said.

Aware of how critical theirendorsements will be, union

leaders may try to capitalize on themoment to win support for even morethings on their agendas.

“This year’s going to be a very diffi-cult year for everybody, because loyal-ties are going to be tested, and peopleare going to be demanding greater assis-tance,” Brynien said. “And some unionsare going to demand greater understand-ing of what getting union backingmeans.”

[email protected]

“It was ridiculous,” said CWA legislative and

political director BobMaster, “that you had the

most unionized state inthe country with the

largest union involvementand literally the worst

workers compensationlaw in the country.”

Playing the Democratsand Republicans in

the Senate off each other,back and forth, could

provide more than enough opportunities

to gain advantage.


BY ADAM PINCUS

ALBANY HAS ALWAYS BEEN A

place where some conversa-tions, most famously budget

negotiations, are carried out in private,away from the prying eyes of voters andreporters.

But there is a state Senate committeethat holds occasional meetings in secret,too.

The Veterans, Homeland Security andMilitary Affairs committee holds confiden-tial meetings several times a year to dis-cuss security matters considered too sen-sitive, according to committee chair Sen.Vincent Leibell (R-Westchester/Putnam).

Leibell, who was appointed chairman inJanuary 2007, said that there were numer-ous but not dozens of closed meetingsover the past 12 months. They were heldwith a variety of officials, including thosefrom the New York Police Department,Consolidated Edison, ports and other gov-ernmental and private entities.

According to committee member Sen.Serphin Maltese (R-Queens), Leibell“decides what the rest of us hear. Thereis no need for us to get involved.”

The confidential meetings struck atleast one former ranking member of thecommittee, George Onorato (D-Queens),as strange.

“I haven’t heard of that,” the 24-yearSenate veteran said. “There are no othercommittees I have heard of that meet insecret.”

Senate Majority Leader Joseph Bruno(R-Rensselaer) expanded the committee’sportfolio to include oversight of home-land security following the September 11attacks. Leibell said the top issues for thecommittee remain improving the lives ofveterans and improving security for thestate’s residents.

Health issues and educational oppor-tunities for veterans is of particular con-cern, Leibell said, noting that this yearthe committee held hearings on legisla-tion ultimately included in this year’sbudget that provides state educationassistance to returning veterans.

Leibell said homeland security wasunderstood broadly by his committee toinclude issues as varied as terroristattacks, the threat of pandemics, cata-clysmic hurricanes and snowstorms.

Many of the bills before the committeewould increase property tax exemptionsfor veterans, while some of the security-focused legislation would address disas-ter preparedness and more tightly regu-late certain businesses, like truck rentals.

The committee held a public hearingin Brooklyn’s Fort Hamilton in Augustfollowing arrests of suspects charged

with the 2007 plot to blow up fuelpipelines leading to John F. KennedyAirport.

Despite the rising numbers of veteransreturning from wars in Iraq andAfghanistan, the number of veterans inthe state and nationwide has been declin-ing steadily. There were 1.3 million veter-ans in New York in 2000, but that figurehad fallen to just over a million by late2007, according to the federalDepartment of Veterans Affairs.

Those low numbers guarantee thatbills supporting returning veterans wouldnot be of too great an expense to thestate, Maltese explained.

The top Democrat on the committee,Darrel Aubertine (D-Jefferson/Oswego/St.Lawrence), represents the district in the

state with the longest international bor-der, along Lake Ontario and the St.Lawrence River, as well as Fort Drum,home to the frequently deployed 10thMountain Division.

He said immigration, security andagriculture were top issues for the com-mittee, as well as post traumatic stressdisorder and its effect on veterans andtheir families.

Aubertine won a special election inFebruary, and has only attended onecommittee meeting so far.

He expects to draft legislation nextyear that would focus on coordinatingfederal, state, local and Canadian firstresponders to facilitate interagency com-munication.

That would build on legislation thatcommittee member Frank Padavan (R-Queens) supported in this session, aimedat coordinating the Coast Guard, the NewYork City Police Department,Immigration and Customs Enforcement,New Jersey agencies and others.

“We got through the bills we wanted toget through,” Padavan said. “So every-body would work together.”

Aubertine said Leibell told him therewould be confidential meetings.

Politics did not play a big role in thecommittee, most agree, with the issuesconsidered being outside the realm ofpartisan disputes.

“It is absolutely apolitical,” Leibellsaid. “If you can’t work well in this com-mittee, you shouldn’t be in this business.”

[email protected]


[email protected].

Veterans, Homeland Securityand Military Affairs

ChairVincent Liebel III

Members

ByCommittee

Veterans, Homeland Security and Military AffairsFewer Veterans Than in Years Past, and Few Legislative Battles

Thomas MorahanWilliam Larkin, Jr.Frank PadavanMartin GoldenJohn FlanaganJoseph Griffo

Serphin Maltese

Darrel AubertineEric AdamsCarl Kruger

John SampsonRuben Diaz, Sr.

Antoine Thompson

Sen. Vincent Leibell

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BY ANDREW J. HAWKINS

ELIOT SPITZER MAY BE GONE,but for Albany District AttorneyDavid Soares (D), running for re-

election this year, Spitzer’s Troopergatescandal has not been forgotten. Soares’handling of the case has emerged as apotential political liability as he seeks asecond term this year.

Evidence of Soares’ tenuous standingin Albany was seen in April when a steer-ing committee of the county DemocraticParty declined to endorse Soares for re-election.

Soares is expected to face his formerboss Paul Clyne (D), whom Soares oust-ed as district attorney in a 2004 upset.

Despite the fact that the county partychose to make no endorsement, Clyne saidthe party’s unusual decision reveals theproblems Soares will face in September.

“Given the fact that he’s the incum-bent,” Clyne said, “failure to endorse real-ly indicates a lack of satisfaction with histenure as D.A.”

Clyne has not announced his own can-didacy yet, but has already stepped uphis attacks on Soares. Clyne says the mis-handled Troopergate investigation wasreminiscent of his approach to investigat-ing then-State Comptroller Alan Hevesi(D), who secured a plea deal and avoided

prosecution.Soares released two reports on

Troopergate, one in early 2007 and onedays after Spitzer’s resignation. The sec-ond report found that the former gover-nor had lied about his involvement in thescandal. Ultimately, Soares opted to giveformer Spitzer communications directorDarren Dopp immunity in exchange forhis testimony, and opted not to interviewSpitzer under oath.

Clyne seems prepared to use the bar-rage of criticism Soares faced in manynewspapers to his advantage. He saidSoares’ Troopergate investigations havemade him the laughingstock of the county.

But Soares is confident that his recordof coming down hard on backroom polit-ical dealings will speak for itself. Hedefended the Troopergate investigation,saying that his creation of an office forpublic integrity in the D.A.’s office is evi-dence of his commitment to the law.

“I don’t believe that Troopergate willimpact at all my re-election,” he said. “Ican refute anything that is presented,especially if that issue is presented byPaul Anthony Clyne.”

In fact, Soares said, he has benefitedfrom the heightened scrutiny and attention.

“I believe that this office has done alot to bring back integrity to the capitaldistrict,” he said. “We continue to pursuecases that have statewide and nationalsignificance.”

The full county Democratic Partydecision on an endorsement in the racewill come on May 21. Soares said thatwhile he is unsure if he will get theendorsement, he is confident that Clynewill not, given Clyne’s endorsement ofRepublican Roger Cusick in the 2004 gen-eral election for district attorney.

Prior to the Troopergate probe, Soares

had a clear path to re-election, said oneDemocratic insider. But after the investi-gation’s conclusion and the ensuing neg-ative media coverage, Soares was dam-aged enough to open the door to a pri-mary challenger.

“David was too worried about playingfootsie with politicians and getting posi-tive media coverage to do his job,” saidthe insider. “Now he got caught.”

He added that Clyne is in no bettershape, having damaged relationshipswithin the Democrat-heavy county byendorsing Cusick.

But the race between Clyne andSoares could go past the Democratic pri-mary: Clyne is expected to get theIndependence Party line, while Soareswill be on the Working Families Partyline. The WFP endorsement in 2004 wasinstrumental in Soares’ surprising pri-mary victory.

There is also some talk that formerBethlehem Town Supervisor TheresaEgan, who now works at the stateDepartment of Motor Vehicles, will runas a Republican.

Soares said any potential opponentshould be prepared for a tough fight.

“In terms of campaign and structure,”he said, “I believe that I am one of the moreaggressive candidates out there.”

[email protected]

Albany D.A. David Soares

Troopergate Investigation Weighs on Soares Re-election RaceClyne prepares for rematch, charging mishandling on public integrity cases

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The Capitol and City Hallare seeking a knowledgeable

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Senate Democrats Debate Content of Unified Message for NovemberLeaders disagree over whether stressing local issues or Iraq War will win them the majority

BY LESTER FEDER

DEMOCRATS IN THE NEW YORK

State Senate are expecting thathigh turnout for the presidential

election in November will give a boost totheir efforts to retake the majority in thechamber, where Republicans currentlyhold a two-seat majority. RegisteredDemocrats outnumber Republicans fiveto two in the state.

But this also creates a messaging chal-lenge for the Democrats: how to tie theirraces into the national contest while alsoallowing candidates to communicateabout the state and local issues withwhich legislators concern themselvesday-to-day. Democrats also must pick uplong-time Republican seats and hangonto seats in Republican-leaning districtswhere higher turnout does not necessari-ly favor Democrats.

State Sen. Liz Krueger (D-Manhattan),former chair of the New York StateDemocratic Senate CampaignCommittee, believes the issues that havemade President George W. Bush deeplyunpopular nationwide have created a lia-bility Democrats can exploit.

“I think that it is reasonable to assumethat the big issues in national politicsplay out in the local elections as well,”she said.

She expects Democrats will talk agreat deal about the current economicdownturn.

“We are anticipating being in a reces-sion for a long period of time,” she said.

“That’s a direct reflection of the Bushadministration.”

State Sen. Neil Breslin (D-Albany) saidthat the ongoing military presence in Iraqwould also play a role in state races.

“The war reflects on the [Bush] admin-istration, so it reflects on the

Republicans,” he said.But New York City Council Member

Joseph Addabbo (D-Queens), who ispreparing to challenge Republican StateSen. Serphin Maltese in Queens, said hewill not be running as an “anti-war candi-date,” even though registered Democratsoutnumber Republicans in the district by

more than two to one. “We can talk about it, but it’s some-

what out of our jurisdiction as a statesenator,” Addabbo said.

Addabbo noted that districts like his,which encompasses several Queensneighborhoods, pose a particular chal-

lenge. “The way I look at it, each commu-nity is different,” he said. “We have work-ing-class communities, we have a verydiverse district, and I have to deal witheach community differently.”

He said his campaign will highlightlocal issues like education, jobs and pub-lic safety.

The Democrats’ neweststate senator, DarrelAubertine, may face one ofthe most difficult balancingacts. Aubertine won anupset victory in a Februaryspecial election to repre-sent a heavily Republicandistrict comprised ofJefferson, Oswego, andparts of St. LawrenceCounties. Bush beat JohnKerry by eight points in the

three counties in 2004, and Republicanshave a 60-percent advantage in party reg-istration in his Senate district.

While holding his seat will be criticalto the Democrats winning the majority,Aubertine suggested he will run a heavilylocal campaign that downplays both the

battle for the Senate majority and thenational context.

“Party politics aren’t really a concernfor us,” he said. “We’re excited for astrong turnout, regardless of how thepresidential race plays out here.”

Former Republican State Sen. JamesWright, whose resignation earlier thisyear triggered the special election inwhich Aubertine won his seat, is report-edly considering challenging Aubertinethis November because he was dismayedthat his party lost this supposedly safeseat.

Veteran Democratic consultant HankSheinkopf, who gave tips on communica-tion strategy to an April meeting ofDemocratic press secretaries, argues thata winning message for Senate Democratswill tie together the economy and goodgovernment.

“The message is that we know how tocontrol the cost of government,” he said.“We know how to cut without hurtingpeople. We know how to cope in tougheconomic times.”

Sheinkopf warned that Democratsneed to work on message discipline. Heexpects State Senate Majority LeaderJoseph Bruno (R-Rensselaer) will mounta far more aggressive campaign to retainhis party’s slim majority than Democratsare expecting.

“I don’t think they’re yet ready forcombat,” he said. “My general sense isthat in combat, the enemy does not giveup easy. These nice people have neverbeen in combat in that way.”

But, he added, Minority LeaderMalcolm Smith (D-Queens) has done agood job of imposing unity. “UnderMalcolm Smith’s leadership, they have ashot,” he said.

Democratic senators are feeling confi-dent even in the wake of Eliot Spitzer’s(D) surprise resignation and Gov. DavidPatterson’s (D) rocky transition. Sen.Krueger remarked that “Sen. Bruno’sbeen fighting to the death for the lastthree cycles,” which has givenDemocrats a chance to hone their strate-gy. Pointing to victories in the 2006 gener-al election and special elections in 2007and 2008, she said, “We met the needs ofthe districts we were working in.” As faras the fall goes, she concluded, “Nationalelections are good ones for [New York]Democrats.”

“I don’t think they’re yet ready for combat,”said veteran Democratic consultant Hank

Sheinkopf about the Senate Democrats. “Mygeneral sense is that in combat, the enemy

does not give up easy. These nice peoplehave never been in combat in that way.”

State Sen. Minority leader Malcolm Smith and other Democrats are work-ing on crafting a common theme for this year’s senate campaigns.

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The publication for and aboutNew York State Government


Despite Health Concerns, Onorato to Seek 14th TermProstate cancer treatment last year was successful, senator says

BY ADAM PINCUS

RUMORS THAT VETERAN STATE

Sen. George Onorato (D-Queens) is in poor health, which

have been circulating for the past sixmonths, are not quite true, said the 79-year-old senator, and certainly not thekind enough to keep him from seeking re-election this fall. Onorato has been vot-ing and introducing legislation in Albanythis session, and attending communitymeetings in the district.

“There have been a lot of rumors,” hesaid. “But the rumors of my demise havebeen greatly exaggerated.”

He missed sessions in Albany in April andMay of 2007 while undergoing radiation ther-apy to treat prostate cancer in Queens, butmost days was at work in his district office.

He was in good condition now, he said.“It is no different from Giuliani’s cancer.

He got treatment, and mine was easier—Ihad no operation,” he said. “I have a cleanbill of health. If I didn’t, I wouldn’t be work-ing,” he said.

He looked forward to a vigorous cam-paign, he said.

Although Democrats considered the dis-trict covering Astoria and Long Island Cityto be a conservative one, their party stilloutnumbers Republicans five to one. Evensome GOP strategists said it was unlikelyone of theirs could win a seat under mostcircumstances.

Democratic political consultant ScottLevenson said he was not aware of thehealth rumors, but said Onorato was a well-respected incumbent in a Democratic dis-trict and should have no problem winning.He did not believe any Democrats wouldcome forward in a primary battle.

“I don’t think anybody would makethose moves unless he were no longer run-ning,” he said.

Queens Republicans have picked retiredfirefighter Tom Dooley to challengeOnorato in November, the first time he hashad an opponent since 2004. That year,Onorato beat Republican Daniel Maio by afour-to-one margin.

Robert Hornak, Dooley’s campaign man-ager and himself a GOP candidate for CityCouncil in Astoria, said voters should judgeOnorato on his record.

“I don’t expect health to be an issue, Iexpect it to be his performance,” he said.“He has had a long and distinguished career,and there is no shame in his retiring at thispoint.”

The district leans heavily Democratic,making a GOP candidate there a hard sellfor voters. A race without the 13-term sena-tor may be more viable. Republicans aresaid to be seeking a candidate of Greekdescent for a future race.

In the meantime, Onorato said the topissue in his district for the campaign was to

pass legislation that would allow ConEdison customers to sue the utility.Currently, Con Ed is shielded from liability,limiting customer claims from the 2006western Queens blackout to small creditson their electric bills.

He also said that as a cancer survivor hehad a new appreciation for screenings and

intended to raise awareness on such healthissues.

Rose Marie Poveromo, president of thewestern Queens group United CommunityCivic Association, said he appeared to be ingood health while attending their mostrecent meetings.

“He looked fine, he sounded fine,”

she said. His health had been a topic of conver-

sation, she admitted. “He was on top of our concerns,” she

[email protected]


[email protected].


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In April 2008, the New York State Board of Regents unanimously approved Brighter Choice Charter School for Girls and Brighter Choice

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Innovation at Brighter Choice is not new. Our schools also were the first public schools in the Capital Region to offer single-gender instruction.

www.brighterchoice.org

BY JOHN R.D. CELOCK

DAVID PATERSON ARRANGED THE PARTY. HE

found the location, he invited all the guests.But now he can only stop by to give a speech.Last year, in his inaugural year as a member of the

National Lieutenant Governors Association (NLGA),Paterson was instrumental in securing Buffalo as thesite for the group’s 2008 annual convention July 23-26.

But with his ascension as governor, Paterson is nolonger a member of the group. And Senate MajorityLeader Joseph Bruno (R-Rensselaer), who now servesas acting lieutenant governor, does not seem to be inter-ested in getting involved himself. His spokespersonMark Hansen declined to say if Bruno plans to beinginvolved in the NLGA during his stint as the state’s dele-gate to the group. And though Bruno is the official hostof the Buffalo convention and has received an invita-tion, Hansen said the majority leader cannot attend dueto a packed schedule of activities and meetings in hiscapital region district.

The NLGA holds two meetings annually: a wintermeeting in Washington and a summer meeting in one ofthe states.

Julia Hurst, the NLGA executive director, saidPaterson came to the group shortly after taking office in2007 with a proposal to bring this summer’s conventionto New York. Paterson informed Hurst and other NLGAofficials that he wanted to showcase upstate New Yorkto officials who may be only familiar with the city.

Paterson put forward plans for both Buffalo andRochester, along with presentations from tourism offi-cials in both cities.

The NLGA consists of the nation’s lieutenant gover-nors, along with the first in line of succession for thestates that do not have lieutenant governors. In thosestates, these officials are typically Senate presidents andsecretaries of state.

Hurst said the association serves as a way to bringlieutenant governors together to discuss issues and planfor being the first in line of succession to the governor-ship. The association conducts research on the office oflieutenant governor and serves as a clearinghouse onbest practices in various states.

The NLGA has several signature projects, includingadvocating for the end of cervical cancer, promotingasthma awareness and distributing gun safety locks.The main goal of the group is to provide succession prepservices to its members, including a wallet card for lieu-tenant governors with a list of steps to take in the eventthey succeed to the governorship.

This card, developed by former Oregon Gov. BarbaraRoberts (D) while she was her state’s secretary of state,has nine steps for the lieutenant governors. Theseinclude contacting a staff member who has prepared asuccession file, which includes a list of judges for aswearing in, securing the governor’s office and contact-ing the family of the former governor.

Whether Paterson consulted his card when Spitzerresigned is not known.

In any case, Hurst said, Paterson’s succession makesthe Buffalo conference more appropriate.

“New York is the exam-ple of the essence that holdsthese officeholders together,” shesaid.

One of the main portions of the conference willinclude debate on various policy resolutions submittedby the lieutenant governors. This year’s resolutions haveyet to be submitted, but in the past these have includedsupporting a cure for diabetes, climate protection, phys-ical fitness and emergency radio frequencies.

Outside of the succession planning, members saidthe main feature of the association and the conferenceis networking between lieutenant governors and theopportunity to share best practices.

Vermont Lt. Gov. Brian Dubie (R) said he had hopedto discuss issues surrounding state relationships withQuebec and the 400th Anniversary of Lake Champlainwith either Paterson or Bruno during the conference. Heis also planning a road trip to see Albany and meetBruno over the summer.

The conference’s tentative agenda includes a presen-tation by Buffalo native Tim Russert on government.Deloitte and Touche will make several presentationsdealing with tourism policy and domestic violenceawareness.

Neither these, nor an anticipated keynote address byPaterson, have been officially confirmed.

The group will also elect its officers for next year anddiscuss gubernatorial succession, highlightingPaterson’s succession in New York. The attendees willhave the chance to take tours of Niagara Falls State

Park and a windfarm in Lackawanna. A

tour of the historicDarwin Martin House in

Buffalo, designed by FrankLloyd Wright, has been arranged

for the states’ second spouses.The agenda was developed by

Paterson’s office when he was still lieu-tenant governor. With Paterson’s elevation and

Bruno’s taking over as the state’s delegate, thestate level of planning is in a vacuum. Hurst said

her office will take over more of the planning role.Paterson’s office did not return repeated calls for

comment regarding what role, if any, the governor’soffice will play in NLGA conference planning.

The conference is funded in part by registration feescovered by members, usually out of office budgets, andby corporate partners. These partners include GeneralMotors, Pfizer and 1-800 Contacts.

Paterson volunteered for the group’s executive com-mittee in March 2007 and took on convention dutiesshortly after, but joked about joining in comments hemade at an October 2007 breakfast forum sponsored byThe Capitol while he was still lieutenant governor.

“Our Constitution—other than the lieutenant gover-nor taking over when the governor leaves—doesn’t real-ly define the lieutenant governor’s role. And I was sur-prised to find out that they have an actual lieutenantgovernors association. When they were meeting inMarch, I kind of declined,” Paterson said. “I couldn’tunderstand why anyone would want to go and sit withsuch a morbid group of people, sitting around talkingabout criminal convictions and plane collisions.”

Wisconsin Lt. Gov. Barbara Lawton (D), the associa-tion’s vice chairwoman, said she has heard the remarksand described it as part of Paterson’s trademark humor.

“People make jokes about lieutenant governors—that we are waiting for the governor to choke on achicken bone,” she said, “but we engage in seriouswork.”

[email protected]


[email protected].


Bruno will not attend Buffalo gathering, butPaterson will deliver keynote

No Lieutenant Governor, But a LieutenantGovernors Conference for New York

(Actual)


College textbook pricesare rising across thecountry and, spurred

on by constituent com-plaints and a recent reportby the GovernmentAccountability Office inWashington, legislatorsacross the country are tak-ing action.

Florida Rep. AnitereFlores (R-Miami) remem-bers dealing with the prob-lem herself while a studentless than a decade ago. Sheand her classmates wereoften frustrated by the highprices of books, especiallywhen those books ultimately provedunnecessary for the course work.Eventually, they simply stopped going tothe campus bookstore altogether.

“By the time you got to your senioryear you had a lot of students whowouldn’t buy their books,” she said.

For three years, she has been tryingto pass legislation with various provi-sions meant to make textbooks cheaperfor students at public universities.

One of the bill’s main elements wouldprevent state university employees fromreceiving anything of value in exchangefor recommending the use of a specifictextbook. Flores said that while she hadfound no direct evidence of impropriety,she did discover that some professors

who went on publisher-sponsored vaca-tions recommended books produced bythe publishers the following semester.

Flores’ bill also tackles the issue oftextbook bundling, or the practice ofselling new textbooks together withextra pieces, such as CDs or workbooks.The bill mandates that professors revieweach bundled item and guarantee its use.

In addition, Flores’ bill would forceschools to release textbook require-ments for each class at least 30 daysbefore the beginning of semesters, sothat students would have time to lookbeyond the campus bookstore for betterdeals. Academic departments would beforced to study the added value ofswitching to new editions, so that

reduced-price used textbookswould be used more often.

Flores hopes her bill will allowprofessors to see the costs of thebooks they assign and reconsiderassigning new editions of text-books every year.

Flores found heavy resistancefrom publishing companiesbecause of the requirements thatthey provide ISBN numbers forcourse textbooks before a semes-ter starts, but her bill eventuallypassed both the Florida Houseand Senate and now awaits Gov.Charlie Crist’s (R) signature.

New Yorkers have been tack-ling rising textbook costs as well.

Various student groups have joinedwith the New York Public InterestResearch Group to campaign for a reau-thorized Higher Education Act withprovisions targeting bundling andensuring colleges include ISBN num-bers in their course catalogs.Representatives who sit on relevantcongressional committees—includingReps. Timothy Bishop (D-Suffolk),Yvette Clarke (D-Brooklyn), RandyKuhl (R-Steuben/Monroe/Cattaraugus),Carolyn McCarthy (D-Nassau) and Sen.Hillary Clinton (D)—have been thefocus of the effort.

Meanwhile, Assembly Member JoanMillman (D-Brooklyn) is leading thecharge on this issue in Albany. Her bill

stipulates that state employees may notreceive publishing company perks, andrequires public universities to revealrequired textbooks—though unlike theFlorida bill, Millman’s does not set a cer-tain amount of days before the semesterby which this must be done. The bill alsorequires professors to show that newtextbooks are significantly differentfrom earlier editions if they are going toassign the new books.

Paul Nelson, Millman’s chief of staff,said the assembly member hoped thatthe bill would lower textbook prices byextending the shelf life of used text-books.

Millman got some help in putting thebill together from someone familiarwith the problem: a college internworking in her office over the springsemester spearheaded the researchbehind the bill and took the lead in put-ting together the final product. Nelsonsaid this was typical of the office’sintern program.

“Some people say ‘Go get coffee,’ andwe say, ‘No, you should learn how thelegislative process works, let’s findsomething that works for you,’” he said.

But though the semester may be end-ing, Millman’s textbook bill has yet to begiven a final grade. Referred to theHigher Education committees in theSenate and Assembly, the legislation isawaiting further action.

[email protected]

ELSEWHERE

Tallahassee, Florida

Sunshine State SaysTextbook Prices Fail

Economics 101By David Colon

Alot of fuss was made about the budg-et being a week and a half late.

Turns out that it was about 11 and ahalf weeks early.

The only way to responsibly plan abudget is to have an accurate sense ofrevenues before determining spending.There is a reason why 46 of the 50 statessynchronize their budget deadlines withthe end of the fiscal year on June 30—and why three of the remaining four waituntil even later in the year. The logic hereis simple: before these states allocatemoney, they wait to see how much thereis to allocate.

Then there is New York. Only ourspending decisions are made in the dark,based on revenue projections andassumptions, when they are based onanything at all. Commitments are made,deals are struck, money is spent left and

right. But only when all the taxes come inthree months later do we get to see howmuch is actually in the bank. With such afundamentally backward way of handlingour finances, the surprise should not bethat this year’s budget needs to be adjust-ed. The surprise should be that we do nothave to go through this every year—though each year seems to bring newtaxes imposed to keep up with the spend-ing.

Of course, simply changing the dead-line will not cure all the state’s financialproblems. Especially with the economyin its current condition, states whichalready use the June 30 deadline will runinto deficits and shortfalls, despite final-izing their budgets with a better sense ofrevenues in hand. Whatever miscalcula-tions there are in other states, though,are likely to be less severe.

Undertaking future budget negotia-tions around a June 30 deadline will helpshake New York from the habit of lettingthe state budget grow more quickly thanthe rate of inflation. Perhaps if state lead-ers know just how small the pie is, theywill be less willing to dole out pieces.

Along with moving the deadline, law-makers should consider strengtheningthe provisions that ensure the state budg-et is finished on time. Other people suffercosts when the state budget runs late—perhaps lawmakers should be dockedpay for each day past the new deadlinethat budget negotiations run. That ideahas been tried elsewhere. New York’sleaders may want to consider this ideafor themselves.

Gov. David Paterson (D) and all thosewho have joined him in calling for a re-examination of the budget agreement areon the right track. Too bad they needed arecession breathing down their necks toget there. Going forward, they shouldlead the charge for a Constitutionalamendment to make June 30 the newbudget deadline. The state’s approach toits finances needs to stop resembling acollege student coming to terms with hisfirst credit card bill. New York’s govern-ment is responsible for more people andmoney than many world nations are. Itsleaders should start acting the part.

EDITORIALA Later Deadline, a More Responsible Budget

Consider theLocal GovernmentBurden, TooTo the Editor:

Since The Power Grid on Per CapitaState Budget Spending surfaced in yourApril issue—at the height of tax season—readers of The Capitol no doubt put theGrid’s data in perspective as they lickedthe stamps and sent off their tax filings.

While state spending per capita inNew York is itself not as high as in sever-al other states, when one adds local gov-ernment spending to the equation—oftenrequired to pay for state mandates—thetotal tab is over the top. The most egre-gious factor here for most parts of thestate are of course local property taxeslevied to pay for education and otherlocal spending.

Only one other state out-spends NewYork on an all-in per capita basis: Alaska.As hundreds of thousands of former NewYorkers will attest, many of the states thathave higher per capita state spending alsohave significantly lower local spending,so that their total tax burden is lower,making them more affordable and desir-able places in which to work and live.

When considering state-to-state fiscalcompetitiveness, it can be misleading to

only focus on how much onebranch of government spends; farbetter to consider the end-of-theday experience of the taxpayer whomust foot all the bills.

SINCERELY,KEN ADAMS

PRESIDENT & CEOBUSINESS COUNCIL OF NYS

A Declined Offer,Not a RefusalTo the Editor:

In John R.D. Celock’s article about therelationship of Governor Paterson withconsultants (“Questions Swirl OverWhich Firms Stand on Solid Ground,”April 2008), there is a flat misstatementof facts. He quotes an anonymous sourcewho refers to the governor’s “refusal tohire his former campaign manager,Luther Smith, for a Chamber job.”

I was not called for this story nor werethe facts checked. Anonymous sourcesand reporters are entitled to their ownopinions about what happened, but theyare not entitled to their own facts.

For the record, when David Patersonwas thrust into the governorship, heasked me to help. To do that, I had to tem-porarily leave my position as president of

Bill Lynch Associates—and I did. Afterassisting with his transition, the governordid not refuse to hire me; I politelydeclined a permanent position in hisadministration and we remain on goodterms.

In the future, I hope that The Capitol

will give those who are the targets ofanonymous smears the opportunity togive their side of the story.

SINCERELY,LUTHER SMITH

PRESIDENT, BILL LYNCH ASSOCIATES

Letters to the Editor:We welcome letters to the editor. All letters must be identified withthe author’s full name and, for verification, phone number.Anonymous letters will not be published. Substantive letters address-ing politics and policy will receive top priority. Submit your letters byemail to [email protected], or contact our staff writersdirectly with the email addresses at the ends of their articles.

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Government


VOL. 1, NO. 4

APRIL 2008

James Tedisco

explores his

2010 statewide

prospects. Page 8

Norman Adler

on semi-retirement

and the new

regime in Albany.

Page 31A Tall Glass of David

Paterson: mixing up a

new classic to honor the

new governor.Page 28

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LETTERS



November 7, 2006 was Black Tuesdayfor Republicans. The party suffered

ignominious defeat nationally, andnowhere more so than here in New York.Today, for the first time in over 60 years,no Republican holds statewideoffice. And whileRepublican candidates dostill prevail in local racesin pockets throughoutthe state, even thoseareas are shrinkingfast. The GOP is dan-gerously close toextinction as a statewideparty.

Republicans blamed the nationalparty, the Iraq War, economic woes andan unpopular president. While trueenough, these reasons don’t excuse thefact that the New York GOP is a partyadrift. To themselves and to others,Republicans seem to lack strong princi-ples and clear policies. The GOP may stillmouth the platitudes of lower taxes and

smaller government, but it’s just a lot ofhot air. The party has sacrificed whatused to be core beliefs, one after another,in a shortsighted pursuit of incumbency,partnering with the Democrats for defacto support of big government. Thosein the state party are like the aging heirsto a once-great fortune, reduced to sell-ing off the furniture to stay in the musty

old family mansion.But I have

always believedthat when theGood Lord closes

a door, He opens awindow.

Senator McCain’s candidacy givesNew York Republicans that window ofopportunity. McCain can knit together anew coalition of Republicans. His practi-cal common-sense approach to findingsolutions attracts independent voters,which New York has in abundance. Hisstrong support for the environment,alternate energies and ethics reform

brings the Teddy Roosevelt Republicansback into the fold. His fiscal conser-vatism, personal story and strong nation-al security stance appeal to the base ofthe party. And finally, his demonstratedwillingness to reach across the partisandivide draws in the Reagan Democrats.

That window has cracked open a littlemore thanks to the opposition party. NewYork Democrats now have their own setof self-inflicted prob-lems, with a disgracedformer governor, a weak-ened current governorand a membership bitter-ly divided over whichDemocratic candidate tosupport for president.Regardless of who theirnominee is ultimately,there will be a lot of dis-gruntled Democrats in New York comeelection time who could show their dis-pleasure by staying home on ElectionDay. Or, if recent polls can be believed,

might even vote for McCain.All of this means that Senator

McCain’s candidacy can put New York “inplay” and do what no Republican hasdone since Ronald Reagan: win one of thebluest states on the map. And a Democratwho loses New York will find it virtuallyimpossible to win the White House.

But there is a second reason a McCaincandidacy is important to New York

Republicans. His very presence on theticket, and willingness to compete here,gives New York Republicans a candidatearound whom we can rebuild the party.

Surveys point to a recurring themeamong many New York voters—“I didn’tleave the Republican Party, it was theRepublican Party that left me.” Thesepeople feel abandoned by the nationalparty and betrayed by the state leader-ship. But they still believe in Republicanprinciples. There are still plenty of NewYorkers willing to support a RepublicanParty that returns to the core beliefs ofLincoln, Teddy Roosevelt and Reagan.

A Republican Party in New York needsto encourage fiscal discipline at the sametime it encourages business. It must real-ize tax cuts stimulate the economy byunleashing the creativity of the Americanpeople. It must insist on the highest ethi-cal standards and seek leaders who seekoffice not for their own selfish advance-ment but for the good of their fellow citi-zens. It must champion the environmentand promote alternate energies and ener-gy independence. The party must believein a strong—but not a reckless—nationaldefense: that we should walk softly andcarry a big stick. The party must reachout to like-minded allies to help keep thepeace. And, both in Washington andAlbany, Republicans must stop theinsane and frenzied spending inexchange for votes.

The battle flag of Teddy Roosevelt andRonald Reagan may be tattered and lyingin the dust, but it is still intact. With JohnMcCain lifting that flag, New Yorkersmay be ready to rally to the RepublicanParty once again.

OP-EDA New Standard Bearer for Republicans, a New Standard for the New York GOP

welcomes submissions to the op-ed page. A piece should be maximum650 words long, accompanied by the name and address of the author, and submitted viaemail to [email protected] to be considered.

K.T.McFarland Those in the state party

are like the aging heirsto a once-great fortune,

reduced to selling off thefurniture to stay in the

musty old family mansion.

Old Vegas bookmakers have been trumped bynew technology, and dozens of websites exist tobet on the outcome of all sorts of things, includ-ing who will be picked to run for vice president.

Intrade lets people buy shares in the candidates’ futures. Ladbrokes gives odds tobet against. Here are this month’s standings.

PRICE ON INTRADE

PRICE ON INTRADE

ODDS ONLADBROKES

ODDS ONLADBROKES

REPUBLICAN 2008VP NOMINEE

ODDS Ends&

***2008 VICE PRESIDENTIAL ODDS***

**DATA AS OF MAY 8, 2008**

LAST MONTH CURRENTLY LAST MONTH CURRENTLY

PRICE ON INTRADE

PRICE ON INTRADE

ODDS ONLADBROKES

ODDS ONLADBROKES

DEMOCRATIC 2008VP NOMINEE

LAST MONTH CURRENTLY LAST MONTH CURRENTLY

Tim Pawlenty 17.7 15.7 6 to 1 6 to 1Mitt Romney 17 18.9 4 to 1 4 to 1Mike Huckabee 9.9 N/A 16 to 1 N/AKay Bailey Hutchison 6.8 N/A 20 to 1 N/ACondolezza Rice 5 8.1 10 to 1 10 to 1Rudy Giuliani 11.5 N/A 25 to 1 N/ALindsey Graham 5 3.8 12 to 1 8 to 1

Hillary Clinton 18.8 9.9 4 to 1 8 to 1Jim Webb 12.9 11.9 10 to 1 8 to 1John Edwards 9 N/A 16 to 1 N/ABarack Obama 5.9 6.9 12 to 1 8 to 1Bill Richardson 10 13.6 4 to 1 3 to 1Al Gore 7.9 9.8 N/A 16 to 1Wesley Clark 5.3 N/A 12 to 1 N/AMark Warner 5 4.5 16 to 1 16 to 1Evan Bayh 5 3.9 16 to 1 12 to 1


UpandComingin the Empire State

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

The Capitol has identified five of the most promising up-and-comers in eachof the state’s seven regions outside of New York City. Ages were not taken intoaccount in the development of these lists. What matters here is potential, whicheveryone in this group has in abundance.

In 2001, Kate Murray gave up her Assembly seat to become Hempstead Town Clerk. But this was no demotion,she says, arguing that the position in the government of America’s largest township—population 800,000—

enabled her to get more done than as a member of the Assembly minority. Plus, she said, the clerk’s office put her ina much better position for higher office down the line.

“It’s the way to go in Nassau County,” Murray said.And so it went.Two years after becoming Clerk, Murray was chief executive of what would be, if reincorporated,

the state’s second largest city. In two years, Murray went from being a junior member of a super-minority to the mostpowerful municipal leader on Long Island.

Murray touts her fiscal record in Hempstead, which boasts a high bond rating helped by an active pursuit of grantsand trimming of the town workforce. But she is most proud of her record on the environment and social services forsenior citizens, noting that her budget work has allowed her to pursue innovative initiatives in these areas.

“We go way beyond our basic mandate,” she said. “We are very aggressive for Long Island.”Murray has been mentioned as a potential candidate for higher office, on either the countywide or statewide level.

She loves being supervisor, she said, but added that she is interested in continuing her rise through the political ranksin the years to come.

What is your biggest accomplishment in office so far? “Making the Town of Hempstead the greenest gov-ernment on Long Island, while at the same time keeping a rock-solid financial base.”

What do you want to accomplish in the next two years, governmentally and politically? “To con-tinue to get the highest bond ratings from the Wall Street houses.That will allow me to continue to pursue an aggres-sive environmental agenda, an aggressive social services agenda for seniors and to work with developers to protectour suburban way of life.”

What are the top challenges facing New York State right now? Controlling state spending to keep thebudget deficit under control; pursuing an aggressive environmental agenda; reducing taxes

Kate Murray (R)Hempstead Town Supervisor

Age: 45

Acollege internship with Rep. Floyd Flake (D-Queens) helped put Kevan Abrahams on the path to elected life.Following stops as a staffer for both Flake and Rep. Carolyn McCarthy (D-Nassau), Abrahams worked in the

business world before joining the county legislature’s budget staff. He was tapped to fill a vacated seat six years ago.Placed in charge of key committees, including public works and economic development, Abrahams took the leg-

islature’s number two position earlier this year. After fellow County Legislator David Mejias (D) broke off with partyleaders for not supporting a legislative pay raise, Abrahams was tapped to replace Mejias as the vice chairman of thepowerful Rules Committee.

He had been mentioned as a potential challenger to State Sen. Kemp Hannon (R-Nassau), possibly even for thisyear—but with his first child on the way, he decided to skip the race. But Mejias’ problems within the party have setoff renewed speculation about an Abrahams candidacy. Abrahams insists there is nothing to the rumors, noting hispersonal situation has not changed. Though he did make a trip to Albany in January, Abrahams says he is currentlythinking that McCarthy’s congressional seat might be right for him, whenever she decides to stop seeking re-electionherself.

“If I could make the quantum leap to the federal level, I would love to see that,” he said.But he also discusses issues much further afield of his neighborhood, focusing on the sagging Upstate economy.“New York State needs to pay more attention to the Upstate economy,” he said. “Until we help the cities of

Rochester and Buffalo, we will not be whole. It’s a glaring issue that has not gotten a lot of attention down here. It’ssad to a large degree.”

What is your biggest accomplishment in office so far? “I spearheaded an economic development project inRoosevelt.That area has not seen economic development in years. It is a road restoration and community façade proj-ect. It will hopefully move the area along.”

What do you want to accomplish in the next two years, governmentally and politically? “I want tocome up with a concrete solution to stabilize property taxes.The county is doing our part and the schools and munic-ipalities need to come up with a solution, and it will need state support.”

What are the top challenges facing New York State right now? Property tax relief; upstate economicdevelopment

Kevan Abrahams (D)Deputy Presiding Officer

Nassau County Legislature

Age: 33

Long Island

Craig Johnson keeps finding himself being drafted for special elections in which the legislative balance of power isat stake. In 2000, Johnson ran for the Nassau County Legislature to succeed his late mother—a race in which

the Democrats’ new one-seat majority hung in the balance. After serving as the youngest finance chairman in coun-ty history, Johnson last year won Mike Balboni’s (R) former Senate seat, becoming the only Democratic senator onLong Island.

Johnson has been increasingly visible, staking out local government reform as his key issue. Johnson has been moreactive on district issues, including his opposition to the Long Island Rail Road’s (LIRR) proposal to place a third linethrough his district.

After having taken a longtime Republican seat in one of the most watched Senate races in state history, Johnson wasexpected to face a strong challenge this year. But Republicans have yet to formally announce a candidate and few expecta strong GOP contender to emerge, though rumors of Balboni’s return persist. Plandome Manor Mayor Barbara Donno(R), a former school board president with the ability to self-finance, is said to be Johnson’s likely opponent.

If the Democrats take the majority this year, Johnson could find himself the most powerful senator on LongIsland, especially if no other nearby Democrat wins. Johnson, though, said that while he anticipates being the major-ity, he also anticipates having fellow islanders in the conference with him.

“I’m confident that I will not be a lonely Democratic Long Island senator come the fall,” he said. “I am workingon the assumption that the rest of the Senate districts are tired of the status quo.”

What is your biggest accomplishment in office so far? “Securing $41 million in state aid for Long Islandschools in the last two budgets. This is based on direct negotiations with the former governor and Gov. Paterson.”

What do you want to accomplish in the next two years, governmentally and politically?“Obviously, taking the majority. There are a lot of great pieces of legislation that have not moved because they aresponsored by Democrats.”

What are the top challenges facing New York State right now? Economy; budget deficit; property taxreform; addressing the subprime mortgage crisis

Craig Johnson (D)State Senator

Age: 37

While serving as Long Island district director for the state comptroller, Democrat Marc Alessi was twiceapproached to seek elective office, at both the county and town levels. With a newborn child and his wife

undergoing treatment for breast cancer, Alessi declined both offers. Then one day, while on business in Albany,friends asked him if he would be interested in succeeding Assembly Member Patricia Acampora (R) one day.

“I promised that when she left, I would run,” Alessi said.He expected Acampora to serve for years to come. A week later, she resigned.With Acampora headed to the Public Service Commission, Alessi had to make a snap decision on his week-old

promise. His wife encouraged him to make the race, saying that he could bring first-hand knowledge of health carecosts—her cancer treatments ran over $100,000 on their insurance—to the Legislature. He took on the uphill raceas a Democrat in a Republican district on the Island’s easternmost tip.

Since taking his seat, Alessi has made Long Island Power Authority (LIPA) reform and alternative energy his topissues, continuing work he started in the comptroller’s office. He has received a commitment from State ComptrollerTom DiNapoli (D) that LIPA will be audited when the energy provider announces rate increases.

Young and with the proven potential to win a historically Republican district, Alessi has become the object of somespeculation already. He said he is not sure of what the future may hold, but stressed his commitment to remainingin the Assembly and keeping his options open for now.

What is your biggest accomplishment in office so far? “The reform of LIPA.”

What do you want to accomplish in the next two years, governmentally and politically? “I wouldlike to see the state foster policies to create alternative energy in New York State. I also want to put the focus I puton LIPA on to HMOs. Health care is the fastest growing cost sector in the public and private sectors.”

What are the top challenges facing New York State right now? Property tax reform; fixing the aginginfrastructure

Marc Alessi (D)Assembly Member

Age: 31

REGION DESCRIPTION:The land of the quintessential American suburbs, Long Island has changed by leaps

and bounds since the Levittown days of the 1940s. As the Island has grown and the population evolved, so have the politics of Nassau

and Suffolk Counties. Once a Republican bastion, with the Nassau home to one of themost powerful Republican machines in the country, Long Island produced countlesscandidates of statewide influence, and none more so than former Sen. Al D’Amato. Asthe Island moves into the 21st century, Democrats have made their presence felt, seiz-ing control of both county executive offices and county legislatures, along with all butone congressional seat. Republicans remain dominant in several towns and controlthe vast majority of state level seats, though two longtime Republican Senate seats are

being heavily targeted by Democrats for pick up this year. Politically, as inmany other respects, Long Island serves as a microcosm for the changesNew York State is undergoing as a whole.

By John [email protected]

THE CAPITOL MAY 2008 27www.nycapitolnews.comB

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Involved in public affairs and politics since high school, Jon Kaiman had been North Hempstead’s public safety commis-sioner when he entered elective office in 2000 as a district court judge at the advice of then-Assembly Member Tom

DiNapoli (D), then the Nassau County Democratic Chairman. Following an interim appointment that April, Kaiman wona six-year term on the bench in November of that year, settling in for what looked like a long judicial career.

Kaiman resigned from his judgeship in 2003. He wanted a role in making policy, and sought the vacant town supervi-sor’s office. Now in his third term in town hall, Kaiman points to his customer service approach as supervisor, includingcreation of a town 311 system and partnerships with village governments in North Hempstead to address issues. Followingthe lead of larger urban governments, Kaiman has introduced the Citistat management system to the suburban communi-ty.

After three elections as chief executive of one of the state’s largest towns, Kaiman is often mentioned as a possible can-didate for county executive or Congress. His aggressive fundraising—his campaign account currently totals over$327,000—and high public profile have helped fuel this speculation.

“In this business it’s hard to plan your future,” Kaiman said. “I consider myself an aggressive political animal and I amconfident running a government like North Hempstead.”

Though he wants to continue in government, he said he might want to do so without being a candidate himself.“Working with a future governor or president would be good,” he said. “I do not need to be the elected official.”

What is your biggest accomplishment in office so far? “A parks and roads transfer with Nassau County.The towntook over parks and roads from the county, allowing us to better utilize these services. This transfer provides services andaccess to residents, and in a larger sense is how government should work.”

What do you want to accomplish in the next two years, governmentally and politically? “My number-onegoal in government is to give people confidence that government works. If people can understand the process where wemake decisions, we will fulfill our role in government.”

What are the top challenges facing New York State right now? Reducing the cost of doing business in thestate; reducing the cost of maintaining infrastructure; improving the environment

Jon Kaiman (D)North Hempstead Town Supervisor

Age: 46

UpandComing in the Empire State

Actually, I’mSharing My Broker’sUndivided AttentionRivkin v. Century 21 TeranRealty, LLC Decided by: Court of Appeals on aCertified Question from the SecondCircuit, April 24

In May 2004, Oleg Rivkin decidedsummers spent in New Jersey were lessappealing than those spent in New York.In his search for a summer home, he con-tacted Century 21 Teran Realty ofWoodstock to discuss properties onUlster Heights Lake. Rivkin learned of aproperty listed for $100,000—the “CampRoad property”—from an associate bro-

ker at Teran Realty, and instructed him tooffer $75,000 for the land, although hewould go higher if necessary. He signed astatement acknowledging New York lawthat “buyer’s agent acts solely on behalfof the buyer” and has a duty of undividedloyalty, among other fiduciary responsi-bilities.

In the meantime, Susanne and RobertMartin had contacted Teran Realtyexpressing interest in Ulster Heights

Lake. The co-owner of Teran Realty, adifferent agent, told the Martins of theCamp Road property as well, and theysigned an offer for $100,000 two daysafter Rivkin signed his offer.

After receiving no counter-offer to hisbid and learning that another bid wasaccepted, Rivkin contacted the seller’sagent who confirmed that the other offerhad also come from a couple representedby Teran Realty. This fact was not knownto Rivkin’s agent, as Teran Realty had nointernal system to check for conflicts.Rivkin sued Teran Realty in federal courtfor self-dealing and breach of fiduciaryduty.

Reading “agent” to mean “a personwho is licensed as areal estate broker,” aunanimous court heldthat no duty wasbreached. While anindividual agent couldnot represent two buy-ers, the court foundthat a firm could.Based on the assump-tion that a licensedagent only receives acommission for sales

she personally made,the court found that agents at the samefirm competing with one another had thesame incentives as agents at competingfirms. Relying heavily on practical con-siderations and citing a brief of the NewYork State Association of Realtors, thecourt found that in today’s marketplaceof mega-brokers, the same firm maycomprise several hundred licensedagents, and buyers are on-notice that thesame firm may represent many potentialbuyers.

Searching forMiranda in BodyCavities People v. GauseDecided by: Supreme Court, AppellateDivision—3rd Department, April 24

Garlyn Gause will have two and a halfto five more years to reflect on the newfacet of Miranda law that he helped estab-lish. Gause, who is incarcerated at theElmira Correctional Facility, had hisprison cell searched in October 2005.Guards handcuffed him and took him tosit on a special device known as a BOSSchair, which detects objects hidden with-in body cavities. After Gause twice deniedthat he had any contraband on his person,the BOSS chair registered that he did. Hewas then removed to a special room for astrip search. When asked again about con-traband, he volunteered that he secreted arazor blade in his buttocks, one endwrapped with tissue paper.

Following his conviction for promot-ing prison contraband, Gause appealedthe state’s use of his statement about thelocation of the razor blade. Gause arguedthat the statement should have been sup-pressed at trial because the guards didnot administer Miranda warnings priorto asking questions.

The court agreed with Gause. Whileprison guards are usually absolved of giv-ing warnings because of the public safe-ty exception to Miranda, where an offi-cer may question freely if he is con-cerned for his own safety or the generalpublic’s, in Gause’s case of additionalrestraint and body cavity search, no suchconcerns existed. While this represents asignificant extension of Miranda inprison settings, it was of no help toGause. The appellate court found the

error harmless and affirmed his convic-tion; saying that even without the confes-sion of the secreted razor blade, theguards would have discovered the bladeupon searching Gause.

The Newsworthinessof BoratLemerond v. Twentieth CenturyFox Film Corp.Decided by: United States DistrictCourt, Southern District of New York,March 31

If the movie Borat: Cultural

Learnings of America for Make Benefit

Glorious Nation of Kazakhstan had anynewsworthy value to American society,Jeffrey Lemerond missed it. Lemerond,who garnered 13 seconds of unwantedfame by running erratically from themovie’s main character down aManhattan street, filed suit alleging thatshowing the footage violated his statelaw right to privacy.

Even though Lemerond never con-sented to have his image used nor to beparodied in the film, the federal courtheld that his image was not used foradvertising or purposes of trade, so noviolation occurred. The court noted thatnonconsensual use of an image is per-missible for “newsworthy events or mat-ters of public interest,” and Lemerondrunning down that street was undoubted-ly newsworthy. As the court found, “Atits core . . . Borat attempts an ironic com-mentary on ‘modern’ American culture,contrasting the backwardness of its pro-tagonist with the social ills afflicting sup-posedly sophisticated society.”

—James McDonaldDirect letters to the editor [email protected].

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Major Court DecisionsImpacting New Yorkers This Month

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POLITICS • POLICY • PERSONALITIES


The Way to Reach Elected Officials

Look who’s readingThe Capitol...

30 MAY 2008 THE CAPITOLwww.nycapitolnews.comTH

E

POWERGRID

Texas$1,136,413

Staff: 7California

$900,000Staff: 6

Pennsylvania$720,000Staff: 5

Virginia$449,000Staff: 4

Massachusetts$450,000Staff: 2

North Carolina

$467,153Staff: 5

New Jersey$468,000Staff: 4

Michigan$486,200Staff: 3

Washington$170,000Staff: 1

Connecticut$167,460Staff: 2

Georgia$120,000Staff: 1

South Carolina$85,635Staff: 1

North Dakota$60,000Staff: 1

Florida$354,551Staff: 8

Kentucky$350,000Staff: 1

Arizona$337,041Staff: 2

Nevada$267,079Staff: 2

Indiana$264,000Staff: 2

Oregon$211,117Staff: 1

Ohio$777,174Staff: 3

New York$762,625Staff: 6

Paying for State-Federal Relations

Not every state has a permanentoffice in Washington to handle itsrelationships with the White House

and Congress, but the ones which do areoften able to get significant returns ontheir investments. Small staffs with oper-ating budgets of a million dollars or lesscan help redirect huge chunks of federalappropriations back home, whether tohelp fund government operations orpay for special projects. NewYork State’s D.C. office has oneof the larger budgets, but alsoone of the larger staffs. Theoffice, at 444 North CapitolStreet, is just two blocks fromthe Senate side of theCapitol, but requires a littlebit of walking and switchingtrains on the Metro to get to theWhite House.


Blair Horner, the longtime legisla-tive director at the New YorkPublic Interest Research Group,

recently returned to his watchdogpost after spending a year working forAttorney General Andrew Cuomo (D)on Project Sunlight, the searchabledatabase of lobbyist and campaigninformation. Sitting on the plushgreen velvet seats outside the Senatechambers, Horner discussed howreceiving a government paycheckchanged how he saw civil servants,how New York just had the worst 15months ever in the state’s politicalhistory and how Project Sunlightcould be just the beginning.

The Capitol: How did your time work-ing with the attorney general onProject Sunlight change your percep-tion of government? Blair Horner: Well, I had experiences thatI wouldn’t have had. For example, I had tofile ethics filings. I read the forms before,I knew what the law said, so it wasn’t acomplete shock. But you start to thinkabout, ‘Well, people will see this.’ Youdevelop a different type of sensitivity. So,in that way I think it helps round out myunderstanding. Because what I’m doing asan advocate is I’m trying to get the legisla-ture to change the laws. It helps if youhave a deeper understanding of the con-cerns people have when you’re advancingthose reforms. Because you’ve got to get itdone. It doesn’t get done if they don’t passa law. I learned a lot about technology,which was kind of cool. But the otherthing that was interesting was I got towork closely with the civil servants. And,you know, I’ve heard all the stories aboutgovernment workers, they come in at 10,they take a break, they eat lunch, then at3:30 they take another break, then they gohome. That wasn’t my experience at all.These guys were motivated. They wereexcited to be a part of it. They came in andworked late, they worked on the week-ends, they actually came in onThanksgiving weekend because there wasa problem. People say government shouldbe run like a business. I think that’s prob-ably wrong. I feel that government shouldbe run like a well-run not-for-profit.Because you can’t fire anybody, really. Youhave to motivate them, you have to inspirethem. Not every project is going to besuper exciting. But if the idea is to inspirepeople to work harder on interesting proj-ects, then I think we’d end up with a bet-ter government as opposed to a top-down,we-know-best, you-are-merely-function-ing-cogs-in-this-great-machine approach. Ithink people resent that and are motivatedby that. So it was very interesting. Thatpart of it is something I would have nevergotten without the experience. Again, it

was only one year. Who knows if I haddone it for decades how I would have feltabout it. It was eye-opening, it was inter-esting, it was fun. I didn’t know what toexpect. I was really relying on these peo-ple to do a good job.

TC: Are there other technologicalsteps that the government can take tobe more transparent?BH: The short answer is yes. I have to bea little careful because I have revolvingdoor issues. I can’t really discuss what Iwas recommending Project Sunlight do. Ithink the prototype of what we did, whichwas to design a site that would educateand inform citizens and was designed in away that would make it easy for citizensto use, I think should be the way thatother agencies do their websites.

TC: Can that be extended to givingmore transparency to public authori-ties or looking at how the comptrollerspends pension money?BH: Everything is slightly different. I thinkpeople want to know environmental infor-mation in their communities. The[Department of EnvironmentalConservation] collects a lot of information.I think that the Health Department collectsa lot of information about health care thatthe public would want to have whenthey’re trying to make health decisions.What really matters is not only providinginformation to the public but providing it ina way that’s useful. And that’s really whereyou have to put on your thinking cap. Soyou have to look with an eye on who’s theaudience, what are they really looking for?And it’s different in different areas.

TC: This current budget process onceagain lacked transparency. What canbe done between now and next year toimprove that process—and who needsto take the reins? BH: The governor needs to take the reins.He’s the single most powerful figure instate government. Constitutionally, he’sone of the most powerful governors,arguably one of the most powerful in thecountry in terms of the power theConstitution gives to him. You don’t seethis in other states. The governor says he

wants to change it, he wants to changethe process, he’s also trying to figure outa way to reduce the size of spending. He’stalking about a five to 10 percent reduc-tion. My view is, if he wants to do this, hecan only win if he makes this a public dis-cussion. So long as he relies on activitybehind closed doors, he’s set with a set ofrules that lead to the outcome we had thistime—maybe a little bit better, maybe alittle bit worse, but pretty much the samedeal. The interest groups know what’sgoing on and they’re able to engage in theprocess behind closed doors—and thatactually short-circuits any reforms or pro-posals. He has to make it more open. Andhe can start by just opening up the gov-ernment. He has an advantage right now,which is for some period of time, a few

months—the governmentthat he’s running is not his.He inherited Spitzer’s govern-ment. He doesn’t have to dealwith the issue for why thegovernment runs the way itdoes. In a year, he will. This ishis window of time to engagethe public in what should bethe appropriate role of gov-ernment, the size of it and theprograms that it runs. …There’s that and then there’stechnical things. Where it felldown this year is that the leg-islative branch didn’t hold uptheir end of the bargain. Theyimmediately retreated to thetime-honored ways of secretdeal making. … The confer-ence committee processshould be more substantive,there should be requirementsthat it’s open, there should berequirements that they makedecisions. You can statutorilylead a horse to water, but you

can’t make them drink. At the end of theday, if they don’t want to do that, theywon’t. But you can make that process bet-ter. The last major thing that we wouldwant is to create an independent budgetoffice. In New York City, I think the IBOdoes a great job. And it would be good tohave unbiased, non-political, technicalexpertise working with the budget. Itwould help the public knowing what’sgoing on as well as lawmakers. The comp-troller sort of does that. But he, at the endof the day, has to be the person to sign off

on whether the budget is balanced. He isnot a day-to-day player. New York Cityhas a comptroller and it also has an IBO.We think the IBO plays a unique role inNew York that should be replicated inAlbany.

TC: Now that you spent a little time ingovernment, have you developed ataste for politics? If Andrew Cuomoran for governor at some point andasked you to be his running mate,what would you say? BH: I don’t think that’ll happen. I’m notan enrolled Democrat. I’m not enrolled inany political party. And I don’t have anymoney.

—Andrew [email protected]

: Outside ManB

AR

RY

SLO

AN

“It would be good to have unbiased,non-political, technical expertise

working with the budget.”

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

© 2008 NYSTLALagerkvist/Breytman

In recent weeks, billboard trucks hired by the Medical Lobby havecircled the State Capitol hundreds of times. The warning: “NewYork’s Doctors Are Going to Disappear.”

What is missing is credible evidence that will happen. Here are thefacts – the ones you shouldn’t need a magnifying glass to see:

New York has one of the nation’s richest supplies ofphysicians. According to the American Medical Association’sPhysician Characteristics and Distribution in the U.S., 2008 Edition:

• New York ranks 4th out of 50 states for the highest ratio ofphysicians per capita.

• Our state’s ratio of doctors per capita is 43% greater thanthe national average.

• Each year, we have more physicians. In New York, thereare 70% more doctors than in 1980.

• Every year, our growth of doctors rises faster than ourstate’s population. Since 1980, that ratio is up by 55%.

• New York is better off than states that passed “tort reforms”to limit malpractice liability. For example, we have 85%more physicians per capita than Texas.

• The story is the same for obstetricians. New York’s ratioof OB/GYNs per capita is 38% above the national average– and it continues to rise.

MoregoodnewsforNewYorkers: Increasesinmalpracticepremiumsare unlikely to adversely affect patient access to OB/GYNs andother high-risk specialists. According to a peer-reviewed, nationalstudy published in the March 2008 issue of Journal of Empirical LegalStudies:

association with premiums or tort reforms…Most OB/GYNsdo not respond to liability risk by relocating out of state ordiscontinuing their practice…Tort reforms such as caps on non-economic damages do not help starts attract and retain high-risk specialists.”

The next time you see a “disappearing doctors” warning on abillboard truck, poster or elsewhere, you should ask: Where arethe missing facts?

LOOKING FOR THE FACTS?

The May 1, 2008 Issue of The Capitol

Documents

Transcript of The May 1, 2008 Issue of The Capitol