FROM THE X-FILES

By F. Mulder

Democratus took the day off to testify in front of a Grand Jury. I'm filling in until he returns. If he returns.

According to sources at the Capital, the Budget Bill contains a tasty, little morsel for building contractor U.W. Marx. Marx will not have to pay any taxes on their City of Rensselaer project. Marx is building the city a new school and will then be acquiring the old school, located on prime, Hudson River front land. It's not known who introduced the provision. Alien involvement is suspected.

In a completely unrelated matter, does anyone know who built Ken Bruno's estate?

H&V Collision Center in Troy had a grand re-opening recently. Senator Bruno was there. Coincidentally, so was the Action Team, cleaning and scrubbing the street prior to the arrival of the VIP's. The Action Team's uncanny ability to scrub down the precise area where Senator Bruno will be arriving is well documented in literature. The coincidence is spooky.

Finally, has anyone ever seen Mary Donohue and Kathy Jimino in the same room together? I didn't think so.

MORE FROM THE TRANSCRIPTS

The Carignan issue has struck a nerve. Visits are skyrocketing. Therefore, we've cancelled the Gary Coleman interview in order to bring you more of the Administration's Greatest Hits from the Carignan lawsuit.




We've already delved into the fleshy, meaty part of the case. Now we'll focus on a few side issues, just for kicks. Or maybe they're not side issues. Who knows.

For instance, who knew how the $64,000 in question would be saved? Where did that number come from? In the State of the City, Harry said $100,000, in the press release it was 64 G's. How many stories does the Administration have about the savings?

Anyway, without further ado:

Mayor Tutunjian

Q. And did you suggest to the administration
any particular way in which to get the best
cost for the coverage?

A. Any way that they could to get more --
different prices from different agents, if need be.

Q. And it would do that by approaching many
different agents and asking for really the
best offer they could get for the City?

A. Correct.

Q. And do you know approximately how many
different insurance agencies were
approached and asked to provide quotations
for the City to provide coverage for the
City for 2005?

A. No.

Q. And do you know how many agents responded
to the Request For Quotations that provided
quotations to the City?

A. Not exactly, no.

Q. Do you know approximately how many?

A. No. A handful, I'm guessing. I don't
know.

So, Mayor Tutunjian puts the word out: Get more quotes from more agents. Get the best price possible. So far, makes sense.

Witkowski:*

Q. So how many responses did the City receive
to its Requests For Quotations?

A. Responses like this?

Q. How many quotes -- how many agents
submitted any quotes in response to the
RFQ?

A. The only thing that I know was that
Carignan submitted quotes and that Nicoll &
MacChesney wrote -- it wasn't a quote, but
wrote a letter, I guess, stating that -- I
don't know -- my recollection of what it
states is that there would be -- they would
be able to use the same insurance companies
at lesser amounts or something to that effect.

So, Carignan secures the insurance and N&M writes a letter. But, does the letter guarentee a $64,000 savings?

Q. Is there anything in Exhibit 12 that
indicates that Nicoll & MacChesney would
save the City $64,000 below the quotes that
were submitted by R. J. Carignan?

A. Not in the letter, but there was a meeting
by which they came to -- there was actually
two meetings, one where Carignan came and
kind of ran through their quotes, Dave
Mitchell who is one of the City attorneys
and myself, Matt was there, and somebody
else from his organization, I can't
remember who it was --

A. And then there was another
meeting, myself, Dave Mitchell, and again
unfortunately, I can't remember -- I know
Marty Keary was there and there might have
been one or two other gentlemen from Nicoll
& MacChesney or Marshall & Sterling, and at
that meeting, they verbally agreed that
they could save the City at least -- I
don't remember if it was $64,000, but it
was at least in the sixty-something
thousand dollars range.

Q. And was Nicoll & MacChesney provided an
opportunity to give the City a written
quotation in response to the RFQ like R. J.
Carignan did?

A. Yes.

Q. And were they able to provide a written
quotation?

A. I don't know if they were able to or not.

Q. Did they provide a written quotation?

A. They didn't provide it, no, except for this
letter.

So, we go from a letter, to a verbal promise. And who's at both meetings? Dave Mitchell. Who failed to show for his deposition? Three guesses. Here's a clue: his initials are David Mitchell. Witkowski goes on to state that there was a big saving but that saving was because of the new policy (the one secured by Carignan).

Will bring you more later this week. In the meantime, if you have any questions about this, just ask. After all, we seem to know more about it than the mayor.


*Keep in mind, we are in no way poking fun at Ms. Witkowski. In fact, we feel she's probably the only credible source the city has in this case. She is just not an insurance expert and cannot be expected to know all the nuances of that world.

SUMMER HOURS

Summer is here. Things are quiet and posting will be reduced.

It does look like the Carignan issue is gaining traction. We received a response to our hissy fit and would like to thank the editor for, at the very least, exploring the issues we've set forth. We don't expect that the paper in question will run the story. We hope it does. We do appreciate that someone is at least willing to make an informed decision on whether to cover the issue.

It also looks as if the Administration is making some desperate counter-attacks. They're worried now. You can see it whenever this issue comes up. They drop their usual 'no-comment' and begin to rant and rave. It's very humorous.

The administration has even threatened legal action against the three Democratic councilmen who want an investigation into possible violations of the city's procurement policies. That's right, some type of suit against people acting in their capacity as elected representative on an issue of public concern. Our legal analyst described the very idea of suing the councilmen as "the zenith of Mongoloid thought."

It is also suspected that the have reached out to area papers for a favorable story on the issue. We love good fiction, so a story like that would be fun.

What's on tap for next week?

1) We'll explore the possible procurement policy violations involved in the Carignan matter;
2) More highlights from the deposition transcripts;
3) Sit down for a heart-to-heart interview with former child star Gary Coleman;

LAMONT, YOU BIG DUMMY

Fred and his son Lamont just made a bundle by selling their junkyard to the City of Troy for $400,000. But don't worry, it's not actual money. It's 'taxpayer money.'

The city plans to build a municipal park on the 3 acre plot and the Cinema Art marquee will be incorporated into the park entrance. The city plans to use the park for special events including, The Crack Whore regatta and the Level Three Sex Offender Jamboree.

The park will be situated along the Hudson River, at 25 President Street. Just one more piece of real estate off the tax rolls. The lesson? Be a sloppy land owner and a thorn in the side of the city and you'll get paid off.

One can only hope that Cox will fail to clean the site up so at least we'll take it for free.

"Lamont, you big dummy. I just made$400,000.

PLEA TO THE MEDIA

PRETTY PLEASE!

We perused the areas two papers Sunday morning to find stories on:

1) Library satisfaction (we sincerely hope you're not stuck in a loveless library relationship):

2) Exit 12 (Northway) construction ahead of schedule;

3) Albany's salt-readiness for the upcoming winter.

These are all worthwhile stories and we're not criticizing the reporters. There are good reporters in this area even if they do not always focus on what we might want them to focus on. Puff-pieces in newspapers and on television news are part and parcel of today's media (and, if you look at old editions of newspapers, you discover that puff-pieces are hardly new).

What we cannot understand is the lack of coverage on the Carignan lawsuit. One would think that a reporter, or an editor, might find the time and space to publish a few columns on the issue.

It's a good story just waiting to be told to a wider audience. Why is it good:

1) Two sides tell two different stories;

2) The actual facts are verifiable;

3) It's a matter of public concern.

Did a mayor lie (wittingly or unwittingly) when he told the taxpayers how thier money was saved? This story will write itself. Both sides have made statements and both sides have been deposed. It's now more than just a 'he said/he said' type story.

It doesn't matter where you come down on this and we don't expect a journalist to take sides. What we do expect is that some responsible reporter will look into this issue with a critical eye. It's a story and if the local media can't or won't investigate a possible lie concerning the fiscal matters of an area city, exactly what are they doing?

Please, cover this story. Hell, we've set forth the issues in numerous posts. Copy them, use them, whatever. We'll e-mail you the transcripts from the depositions. The story may just be a bit more important that youngsters and seniors taking a boat trip on the canal.

PORCO

The trial of Christopher Porco resumes today. Since we're not on the jury, we are free to voice our opinion on this matter. Yes, Porco is innocent until proven guilty and a jury will make that determination. Others are free to speculate.

If the prosecution's evidence is as damning in the courtroom as it sounds in the Times Union coverage, this guy is going away for a very long time. Of course, the defense hasn't even started so things may change but we'd lay down good money that a) He's guilty and b) He'll be convicted.

Kindlon's line about the murders being a "mob hit" just screams "Hail Mary" pass to us.

MAYOR CRANKYPANTS

With the pressure mounting, Mayor Harry has turned into a regular Mr. Crankypants.

The Democratic City Council minority submitted a resolution calling for an investigation into the city's procurement practices. Typically, the City will respond with a "we can't talk about pending litigation."

Not this time.

"The resolution is riddled with errors. That's what happens when you rely on rumor and innuendo," he said. "As always, we welcome any questions. I only wish these three people had taken time to ask the questions before taking this foolish step." The statement fairly bristles with panic.


Mayor Crankypants



He sounds pissed. But, lets look at what he actually said.

1- Riddled with errors. What errors? Aren't resolutions submitted to Corporation Counsel first to work on any "errors". After all, the three Council members are not attorneys.

2- Rumor and innuendo? Actually, the minority was relying upon Harry's deposition transcript as well as Witkowski's. Then again, using Harry's own words may in fact be relying upon rumor and innuendo as he was "out of the loop" on just about everything. Must have been a fire that day. We guess his pledge to personally review procurements for more than $500 has fallen by the wayside.

3- Ask questions? Harry, read your own transcript. The only thing you could answer was a question about your favorite color (it's plaid).

Buell must be on vacation because they let Harry off the leash and, as usual, his statements were nonsensical. Unfortunately, reporters, on both the national and local scene, never follow-up after they get nonsense answers. Why is that?

But it gets better. The resolution was kept off the agenda last Thursday night and not addressed. The procedure has always been to submit the proposed resolution for inclusion on the agenda. The Democrats did that. Why wasn't the resolution put on the agenda? After all, they "welcome any questions."

Then, Harry, safely ensconced in his office, calls Dunne, Ryan and Campana ( a real class move seeing as Camapana's brother died that day) cowards for not raising the issue. If they had, Mr. Mitchell would have assuredly told them that the item was not on the agenda.

Mayor Harry's feeling the heat and he's really not the kind of guy you want in a pressure situation.

If the administration truly has nothing to hide, they'll make copies of the transcripts from the Carignan depositions and make them available to the citizens of Troy. If, they have nothing to hide. Looks like Fredo is in charge of The Family.

Now, to the opposite extreme. A genuine hero from nearby Catskill has passed away.

And, if you're interested in the Porco Saga, this is the blog for you.

LONG WEEKEND

A quick note: Jerry Campana, Councilman Campana's brother, passed away. We send our condolences out to the Campana family.

The rest of you, have a safe, happy and dry* holiday weekend.

*Dry refers to the weather and not choice of beverage

CAMPANA SMACKDOWN

Everyone wants to talk about Clem Campana and certain events that may or may not have taken place the other night. Campana allegedly mixed it up at a recent neighborhood meeting. Franco has the story, here.

Nice story, except, it contains nothing but mere allegations against Mr. Campana. That's not to say it isn't news. It's just good to remember one person's allegations are not necessarily true.

Matt Ryan wants to sell the Hudson Mohawk Recovery Center certain property on Congress Street. The deal would net Mr. Ryan approximately $450,000. Except, word is, Ryan doesn't actually own the property. He's sort of a middle-man and his exact relationship to the property remains shadowy.

Neighbors do not want the recovery center in their neighborhood. Thus, a meeting was called in order for recovery center representatives to better explain the nature of their work. Mr. Ryan (not too popular with the neighbors) was specifically asked not to come to the meeting. He failed to honor that request.

The upshot is that Mr. Ryan has accused Councilman Campana of using "foul, disgusting and abusive" language. According to some, Mr. Campana accused Mr. Ryan of being a "poo-poo head."

In actuality, one has to wonder if Mr. Ryan knows what Mr. Campana looks like. Reliable witnesses say that Mr. Campana was never near Mr. Ryan although one neighbor did get in Ryan's face.

Lets see: one man has a cool $450,000 riding on a deal. Another is known for conducting himself like a gentleman and does not have a track record of such behavior (not to mention numerous witness that say Ryan is wrong). A non-story in our opinion.

Except, an area reporter received an anonymous letter describing the events. A letter that accused Mr. Campana of violating the ethics law for speaking in front of the Planning Board. We ask: what does that smell like? Smells like a BM.

Speaking of Bobby. The Democrats on the Council are introducing a resolution requesting an investigation into the City's procurement policies and the possible violation of same. Within a few hours of releasing that information, one councilman received a call from Bobby Mirch (we hope he wasn't driving at the time), asking if that councilman had signed off on the resolution. Bobby didn't sound pleased and hung-up.

Which Mirch called? In what capacity? Why is the DPW Commissioner calling legislators about a proposed resolution that has nothing to do with the DPW? Is this Bobby's fourth job?

As for the resolution, let us guess: Harry will fall back on his typical lament: "I wish they had talked to me...." When Democrats do make inquiries they receive no response. Asking Harry questions is like talking to Sergeant Schultz.

In fact, Councilman Campana did send a letter to Harry asking for information on the Spargo matter. No reply. Others have done the same. No reply. Ryan's allegations are likely payback. We suspect Peter Ryan is now on the payback list.

Maybe Harry can have Spargo conduct the investigation. It'll be expensive but you'll get a guaranteed outcome.

THE LIBERTARIANS ARE COMING!

How many times have you heard people complain that there are not enough choices in any given election? We're sure you've heard that. Maybe you've said it. Well, many times there are more choices. It's just that the mainstream media doesn't give them much play. We believe that every candidate, from every party (except for the Vegetarian and Prohibition Parties), deserves to be heard.

In the 20th Congressional District, Democrat Kirsten Gillibrand is taking on incumbent John Sweeney. But, there is another candidate.

Eric Sundwall is running for Congress in the 20th Congressional District on the Libertarian line.

Born in California in 1967, Eric graduated from Ichabod Crane High School in Columbia County in 1986. While attending The State University at Albany he worked as a field and logistics tech at Unisys Corp. After experiencing the first round of late eighties downsizing he traveled abroad and studied at The Denmark International Studies in Copenhagen. After an Occidental dose of philosophy and the fall of the Iron Curtain, the return home involved continued work in the computer field. Completing a senior thesis about George Orwell for a B+, he came up .6 short on an honors degree in political science. The IT business proved more fruitful.

Partnering with former Unisys employees, Eric became involved in Adirontech Computer Services. In 1994, he and his father John, started Old Kinderhook Integrated. Providing systems solutions, design and consulting. During the dot boom era they enjoyed retail locations in Kinderhook, East Greenbush and Red Hook. In 1998 they consolidated their operation at the old Hudson City Savings at Rt. 9 & 9H in Valatie, NY. Providing jobs, sales tax revenue and service to the community. They recently wrapped up the retail end of things deferring to the monolithic corporations and resellers. They still provide service to a wide array of businesses and individuals.

Mr. Sundwall attended a year of law school in 2000 at Concord University, the first accredited Internet law school. After marrying his life long friend Kathryn in 2001 and the tragic events of that September, he deferred further commitment to concentrate on business and family. Kathryn is a pharmacist at St. Peter's Hospital in Albany. In August of 2005 they welcomed the addition of Anna Gabrielle to their family. Her brother Samuel turns 4 this June.

Eric served as a committeeman for the Columbia County Conservatives during the tenure of his father's chairmanship (circa 1995). They helped negotiate the current DA's success during a contentious nominating process. Having realized that the Conservatives are a rubber stamp party for the Republicans and it's job mill, he cast his lot with the national LP in 2001. Registering in 2003 after the successful ruling for the Greens. Becoming active in 2005 he hopes to stand with the Party of Principle against illegal occupations and abusive taxation. Unfortunately his wife thinks running for Congress is a good idea in this respect. If elected he would go to Washington and vote no on most legislation in the spirit of Ron Paul R-TX. He would also commit half his salary to free lunches for constituents when they came to visit.

-From Sundwall for Congress

Mr. Sundwall was good enough to take some questions from The Troy Polloi.





In a recent Zogby poll, Mr. Sundwall captured the support of 2.4% of those polled. That's just 2.4% more than we got and we're not even running. Nonetheless, it's a start. There's a lot of obstacles out there for a third party candidate in New York State. The Troy Polloi won't be one of them. This is not an endorsement of Mr. Sundwall.

We will be submitting questions to the Gillibrand and Sweeney camps in the near future. We'll see how willing they are to respond. Mr. Sundwall was a good sport and we appreciate him taking some of his valuable time and spending it on our insightful queries.

NORTH GREENBUSH SAGA

NORTH GREENBUSH

So far, things in North Greenbush have gone about as smooth as the Lee Harvey Oswald prison transfer. Nonetheless, at least one part of the drama is over.

Former Town Attorney, Linda Mandel-Clemente has accepted an ACOD. If Ms. Mandel-Clemente refrains from holiday/weekend theft, the charges will be dropped in six months. We guess that whole 'ethics compelled me to steal' argument didn't really fly. We wish Ms. Mandel-Clemente all the best and good wishes on her rehabilitation. We're sure she can once again become a law-abiding citizen if she makes a real effort.

Speaking of North Greenbush, from Politicus Ebonus Abyssus:

During the last several weeks, The Record has run several articles on the supposed infighting in the Democratic Party in North Greenbush on who will control the town committee. While it might seem at face value as Democrats being Democrats and their usual tussles amongst themselves, there is much more to the story than what was reported.

While long-time Democrats are obviously listed for committee positions, behind the scenes are Bob Mirch, a member of the Conservative Party and a resident of Troy, and Tom Connolly, a member of the Independent Party. Connolly also has gotten his sister (the same one who “forgot” to sign her oath of office twice!) and mother involved. Other Democrats who have decided to sell their souls to side with Mirch and Connolly include John Harken, Lou Catrona, and Jim Germano.

Isn’t it bad enough that Evers, a registered Conservative, who the Democrats supported for Town Supervisor, is a plant for Mirch and Connolly, but now Mirch and Connolly are attempting to control the Democratic Party in North Greenbush.

Mirch’s and Connolly’s motives are transparent. With the Democrats poised to win statewide in the fall, the Conservative Party and the Independent Party will lose considerable influence if not their ballot positions. Efforts like this keep them as players in frontline politics, rather than the sideshow attractions that they really are. We thought we’d help them out with an idea for a marketing campaign:

SCHOOL BOARD ELECTIONS

A concerned reader has requested our opinion on the School Board election. We apologize. We've been too busy with that trivial Carignan mess and have had little time to focus on the people's preferred candidate to screw up our school system.

Here's some background for those of you who suffer from insomnia.

We really don't know what there is to say. The machine broke. There should be a revote (if they debate will it be a rebate?). The loser of the revote will take the school board seat, cursed to spend a term wedged between parents and teachers. The winner will move on and enjoy life.

Is it just us or are school boards like the minor leagues? They're packed with older people with no political future or younger people hoping to get to the majors.

A LITTLE MORE CARIGNAN

Some more the Carignan files. Back to Harry again.

17 Q. Did you know at the time you executed the
18 Broker of Record Letter whether any of
19 those responses would save the City money
20 compared to the insurance costs for the
21 year 2004?

22 A. From the information that was provided to
23 me, I believed that we would be saving
24 money.

1 Q. As a result of quotations received through
2 the Request For Quotation process?

3 A. Whether it was quotations or communications,
4 I'm not aware. I was just -- I was led to
5 believe by my staff that we'd be able to
6 save money by executing this letter with --
7 what was it, Marshall & Sterling or
8 whoever, and working with Nicoll &
9 MacChesney.

13 Q. At the time, meaning late 2004, were you
14 under the belief that Nicoll & MacChesney
15 or Marshall & Sterling was offering the
16 City different insurance policies at
17 different costs than that offered by R. J.
18 Carignan?

19 A. I don't know the details. I just know that
20 we were going to -- I was told that we were
21 going to save money and we weren't going to
22 be altering the policies in any major way,
23 so that was my goal, to save money.

12 Q. Okay. Were you involved in coordinating
13 with Marshall & Sterling or Nicoll &
14 MacChesney a scheme in which you would
15 provide a Broker of Record Letter to
16 replace those agents as the insurance agent
17 for whoever responded with the best
18 quotation in response to the City's Request
19 For Quotations for 2005 insurance?

22 A. As a Mayor, I have the ability to enter
23 into a Broker of Letter Record (sic) with
24 an insurance company regardless of any RFQ,
1 that's what I was told by my corporation
2 counsel, and that's what we elected to do.

3 Q. And when did you first start working with
4 these agents to plan on providing them with
5 this Broker of Record Letter?

6 A. I'm not aware of the exact date.

7 Q. Can you give me an approximation?

8 A. No. Sometime before this time, but I don't
9 know when.

10 Q. Was it early 2004, the first quarter of
11 your administration?

12 A. The goal was to save money after the
13 increase in late 2003, early 2004, and my
14 staff, the corporation counsel,
15 comptroller, was working towards that goal,
16 I don't know when they began working
17 towards that goal, so that in 2005 we'd be
18 able to save money. And that's what we did.

19 Q. And was the goal to get the City the
20 cheapest insurance that it could or was the
21 goal to replace the insurance broker for
22 the City?

23 A. The goal was to save money, but keeping in
24 mind that as the Mayor, I have the right to
1 elect -- to choose whichever firm I want to
2 provide the City with insurance with.

3 Q. And did you choose to have the insurance
4 broker for the City of Troy be an insurance
5 agent who you viewed as more friendly to
6 your administration?

7 A. I chose somebody that I trusted and felt
8 comfortable working with him.

9 Q. And why did you trust Marty Keary?

10 A. Because I knew him -- I knew him from
11 speaking with him and I felt that they
12 would provide the City with an honest
13 estimate of what our insurance costs would
14 be.

15 Q. And when did you first meet Marty Keary?

16 A. Maybe two years ago.

17 Q. Approximately May of 2004?

18 A. Maybe early -- maybe 2003, probably. My
19 years are going by quick.

20 Q. Mine, too. And what was the context of
21 your meeting with Marty Keary?

22 A. I had seen him at different events
23 throughout the City.

24 Q. What kind of events? Political events?

1 A. Some political events, yeah.

2 Q. And what did Marty Keary say or do to earn
3 your trust in him and Nicoll & MacChesney
4 as the insurance agent for the City of
5 Troy?

6 A. Providing me with any kind of questions we
7 had and I felt comfortable with the guy,
8 that's all, his firm and -- and the comfort
9 stems from having a sudden increase in our
10 policy in 2003 which made me uncomfortable,
11 and I said that before, and I asked my
12 administration to keep their eyes open for
13 someone else, and when the opportunity
14 arose to make the change, that's what we
15 did.

16 Q. Regardless of whether or not the change
17 saved the City money?

18 A. Well, I believed that the change was going
19 to save us money on the information that I
20 was provided, and that is another reason
21 why we made the change.

22 Q. Through better packaging, that was your
23 understanding?

24 A. That's what was told to me.

1 Q. And as far as you know, that information
2 was all verbal about the better packaging?

3 A. As far as I know, yeah.

All that savings and nothing was put into writing. So, who made these verbal assurances that led the Mayor to believe there would be a $65,000 savings? Isn't that something you'd like to see in writing?

Once again, it's clear that Harry doesn't really know anything. He's relying upon others for this guareenteed savings. Specifically, he says it was the Comptroller and Corporation Counsel.

Later this week, we'll see what Ms. Witkowski has to say about all this.

So, let us sum up:

1- Carignan secured the policies;
2- Harry signs a broker of Record Letter so someone other than Carignan will receive the commission;
3- By suggesting options contained in the policy, Witkowski says the City saved under $10,000;
4- Harry did this because he felt comfortable with Marty Keary, having seen him at political events;
5- Harry announces that N&M saved the city $65,000;
6- N&M put nothing in writing.

You know what this smells like? You got it!

WHAT DID THE CITY SAVE

We continue with Carignan fun week.

Today, we'll simply cut to the chase. We can go over the fun details later.

If you recall, Harry said that all this great savings came through 'repackaging.' Apparently, N&M can't secure the actual policy but they're a real whiz at 'repackaging.'

Remember, that's what Harry said. The savings came through 'repackaging'. The Comptroller and Corporation Counsel know the details. Not our words, Harry's words.

Lets see what Ms. Witkowski had to say about the savings.

Q. Do you know in your role as comptroller
whether Nicoll & MacChesney saved the City
any money as a result of the repackaging of
insurance proposals performed between late
December and January 1st when these
policies -- when the insurance policies
went into effect?

A. Yes, they definitely did, yes.

Q. And do you know how much?

A. Because as a matter of fact, there was an
invoice that came in to me from Nicoll &
MacChesney which was a budgeted number, and
when I had Mike Dinova call them, they sent
in less than that. Off the top of my head,
I don't know what it is -- what it was or
what the amount was.

Q. Was it approximately $100,000?

A. No. No. It was a lot less than --

Q. Was it approximately $50,000?

A. No.

Q. Was it approximately $10,000?

A. It was probably less than $10,000.

Q. Was it approximately $1,000?

A. It was less than $10,000. I don't know off
the top of my head.

Q. But it certainly wasn't close to --

A. But the invoice was --

Q. Is it fair to say it certainly wasn't close
to $60,000?

A. No. Not -- no. No.

There you have it. A savings of less than $10,000 (by picking an option already suggested by Carignan).

Harry said Witkowski knew the details and Witkowski testified to the details. It wasn't even close to the $65,000 Harry stated in his press release.

In all fairness, we do not believe Harry knew what he was talking about. He did say that he was out of the loop. He merely repeated what his handlers told him to say. We think Witkowski was telling the truth to the best of her knowledge. So, who led Harry astray?

You don't have to like Carignan, you don't have to dislike Harry and the administration. This is a simple issue. The administration took someone's work and gave it to someone else. They can do that, but the commission is earned when the quote is secured. Carignan secured the quote and deserves the commission. To top it all off, the administration couldn't keep it's mouth shut, tried to make Carignan the bad guy and show how much they had saved by switching brokers. It was all bullshit.

Switch brokers. Who cares? Just don't steal. We didn't like what Conroy did with HUD. It smelled bad and was ill-advised. We don't like this. We wouldn't like it if Pattison did it and we don't like it now. Sometimes partisanship should end where ethics and fair dealing begin. That goes for everyone, on both sides.

And a word about lawsuits. How many times have we heard Republicans talk about "suing the city only hurts the tax payers." or some variation on that these. That's not the issue. What hurts the taxpayers is when officials give someone a valid cause to go to court to right a wrong. That's the issue. Some people are not doormates for political thugs.

WHAT DID HARRY KNOW AND WHEN DID HE KNOW IT?

More on the Carignan suit.

Based on Harry's press release (see previous post), one would conclude that Mayor Tutunjian knew what he was talking about. The press release is detailed and specific. So, what exactly was Harry's basis for the press release? Here's some excerpts from the Mayor's deposition. Remember, he's under oath.

Q. Do you know what relationship, if any,
there is between a Broker of Record Letter
and an ability for an agent to receive a
commission and an insurance policy?

A. I don't know for sure.

Q. Do you know whether signing a Broker of
Record Letter on behalf of a particular
agent precludes or keeps another insurance
agent from performing that same function
for the City?

A. I don't know that for a fact. (p. 8)

Q. Is it your understanding that the insurance
policies were for one-year periods?

A. I believe so, yeah.

Q. And was it your understanding that any
increase or decrease in the cost of
insurance in a given year for the City of
Troy would be at or around the time those
policies were renewed or expired and
replaced?

A. No.

Q. Okay. Are you familiar with a term Request
For Quotations as opposed to Request For
Qualifications?

A. I've heard that recently.

Q. Is it your understanding that a Request For
Quotations is a request for written
proposals for insurance quotes that the
City may or may not choose to use?

A. I'm not aware of that. I wasn't aware of
that.

Q. And do you know approximately how many
different insurance agencies were
approached and asked to provide quotations
for the City to provide coverage for the
City for 2005?

A. No.

Q. And do you know how many agents responded
to the Request For Quotations that provided
quotations to the City?

A. Not exactly, no.

Q. Do you know approximately how many?

A. No. A handful, I'm guessing. I don't
know.

Q. In late 2004 -- let me just withdraw that.
Do you know if any insurance agents had
provided the City with quotations for
insurance in 2004 before you executed a
Broker of Record Letter?

A. I don't know that for a fact.

Q. Did you believe that any had provided
quotations for insurance before you executed
the Broker of Record Letter?

A. I believe there was responses to the
Requests For Proposals, but I never -- I'm
not aware of who or what the proposals were
or the details of them.

Q. Did you know at the time you executed the
Broker of Record Letter whether any of
those responses would save the City money
compared to the insurance costs for the
year 2004?

A. From the information that was provided to
me, I believed that we would be saving
money.

Q. Mr. Mayor, do you know whether the
insurance policies that were obtained by
the City of Troy were the same policies
that were quoted by R. J. Carignan as a
result of the Requests For Quotation
proposal that was issued by the City of
Troy?

A. I didn't know that.

Q. Do you know whether that is the case -- as
you sit here today, do you know whether or
not that's the case?

A. I'm told it is, but I didn't know that at
the time, yeah, I'm told it is.

Q. And what was your understanding in late
2004 how the Nicoll & MacChesney and
Marshall & Sterling insurance product would
save money as opposed to the policies that
had been identified by R. J. Carignan
through the RFQ process?

A. Again, my comptroller and corporation
counsel identified that they were able and
willing to save us money, and I was okay
with that, and that's why we went with them.

Q. That Nicoll & MacChesney and Marshall &
Sterling were able and willing to save the
City money compared to the work that had
been performed by R. J. Carignan?

A. At the time, I wasn't aware of any work or
anything of that nature. I just -- I'm not
-- I wasn't involved at that level of who
did what and how the process works.

Q. And who was involved at that level?

A. The corporation counsel and the
comptroller.

So, the policies that Troy eventually obtained were from the quotes received by Carignan. N&M did not secure the policies, but in some magical fashion, were able to save the City 65 large. That's some powerful mojo.

But, does Harry know if any money was saved or how it was saved?

Q. As you sit here today, do you have any
understanding as to whether or not the City
saved money by issuing a Broker of Record
Letter changing the insurance agent from
R. J. Carignan to Nicoll & MacChesney and
Marshall & Sterling?

A. I believe we saved money in our insurance
costs.

Q. And how?

A. How? The cost of our premiums. That's the
information I was given and that's what I
believe.

Q. So you believe as you sit here today that
Nicoll & MacChesney and Marshall & Sterling
were able to procure an insurance policy
for the City for insurance coverage for
2005 that saved the City approximately
$60,000?

A. From the information I've been given, the
policy, the way it was packaged, is the
word I'm using, I don't know what it means,
was able to save the City, you know, some
-- approximately $60,000.

Q. And was this information in writing at all?

A. I don't believe -- I don't know. I don't
know if it was in writing. It was
information I was given by my comptroller.

Wow! He believes they saved money because.....he was told they saved money. Harry got word from Corporation Counsel and the Comptroller that there would be a $65,000 savings and now merely parrots that back when questioned. A hands-on kind of guy to be sure.

The first problem for the city is apparent. Whoever obtained the quotes earned the commission. Thus, Carignan is entitled to the $30,000 commission that N&M received. But, we still have to clear up what Corporation Counsel and the Comprtoller told Big H.

Corporation Counsel Mitchell was scheduled to testify on the Thursday that depositions took place. He failed to show due to a "family emergency." A family emergency that still allowed him to be present for the City Council meeting that evening.

The Comptroller did testify. She tells an interesting story and is a bit more knowledgeable than the Mayor. We'll look at what she had to say, later this week. The "savings" by switching brokers, according to the Comptroller, is slightly more modest than $65,000.*

*The repackaging idea sounds good but what they are really talking about are options contained within a given policy: options that are available regardless of the broker. Incidentally, Carignan recommended the same options that N&M suggested a week before the Broker of Record Letter was signed.

CARIGNAN...HERE WE GO AGAIN

We said we'd be getting back to the Carignan issue and here we are.

For those that know nothing about this, go here and here for background.

Now, before we dig into this more, let us go back and look at what Mayor Harry said concerning the city's insurance. These are his words, not ours.

By repackaging insurance coverage’s, the new broker, Nicoll & MacChesney, Inc., has saved the City a minimum of $64,712 over the 2004 year, and expects to save additional money as it delves deeper into the policies.

“We just saved a lot of money on our insurance coverage,” Tutunjian said. “All joking aside, this represents a savings of 15 percent for the upcoming year. That is much better situation than the beginning of 2004 when we saw a $75,000 increase at the last minute from our prior broker.”

“When I first decided to run for mayor, I promised that I would do what is best for the residents of Troy,” Tutunjian said. “We got to a point where it was clear that insurance brokers needed to be changed, particularly when the available savings became so clear. Instead of an increase, we now see a decrease, with an additional pledge for more savings once the policy is looked at more closely.”

Nicoll & MacChesney, Inc., located at 14 Second Street in historic downtown Troy, has set the premium for the City’s insurance at $380,000. In 2004, that number was well above $444,000.

“It is important to do business with people inside of Troy,” Tutunjian said. “In this case we got the best of both worlds. The insurance agent is in the City, and saved us a significant amount of money at the same time.”

First, let us be clear: we do not care who the city retains as an insurance broker. The mayor can pick and choose who he wants. What we do care about is whether or not our public officials a) lie and b) know what the hell they're talking about.

WHAT IS HARRY SAYING

By repackaging insurance coverage’s, the new broker, Nicoll & MacChesney, Inc., has saved the City a minimum of $64,712 over the 2004 year.

OK, Nicoll & MacChesney 'repackaged' insurance coverage. What coverage? Who obtained that coverage?

That is much better situation than the beginning of 2004 when we saw a $75,000 increase at the last minute from our prior broker.

But Harry, hadn't that coverage been locked-in for the three previous years? We all know that municipal insurance coverage skyrocketed after 9/11. Hadn't Carignan obtained two years of pre-9/11 rates by having locked-in the previous rates? How much did that save?

“We got to a point where it was clear that insurance brokers needed to be changed, particularly when the available savings became so clear. ”

Harry, if your dealing with the same policy, that contains a variety of options, doesn't the city have the ability to choose any of those options no matter who the broker happens to be? How does changing brokers affect your options under the policy?

Nicoll & MacChesney, Inc., located at 14 Second Street in historic downtown Troy, has set the premium for the City’s insurance at $380,000. In 2004, that number was well above $444,000.

Harry, the policy sets the premium, does it not? What policy did Nicoll & MacChesney obtain for the city? If N & M obtained the policy for the city, why did you need to change brokers?

So, we'll be taking a look at these issues and more this week. And you won't have to take our word for it. You'll be able to read what Harry and others said, while under oath.

WORKING FAMILY LINE ENDANGERED

By Political Ebonus Abyssus

Bobby Mirch is at it again. No, he does not have his fourth government-funded job – he is still at only three, as far as we know. Mirch is continuing to exert his political influence in Troy by attempting to control another political party in Troy, the Working Families Party.

To rehash history, prior to last year’s primaries, Mirch had Troy residents, who were not enrolled in any political party, enroll in the Working Families Party. Many of these individuals were city workers whose jobs were controlled by Mirch. Additionally, Mirch and friends told these same city workers to vote in the Working Families Party primary for the candidates that Mirch put up, rather than those that the party endorsed.

With no primaries in site this year in Troy, Mirch has taken a different tactic. Long-time city residents who were registered in the Republican or Conservative parties are now switching to the Working Families Party. Several reliable sources have indicated that the number is well over 100 and climbing. We could assume that these individuals have had epiphanies and decided that their conservative core values were not serving the needs of the people, but we know that is not the case.

Why is Mirch doing this? The Conservative Party is losing its numbers and influence. Mirch can only continue his influence in Troy politics if he has something to offer the major parties, in this case, minor party lines. We cannot assume, however, that this line will automatically go to the Republicans. With Spitzer heading to an almost certain victory and the Democrats in the state poised to take control of many parts of government, Mirch’s instinct for self-preservation and ability to prostitute himself may lead him to sell the line to the Democrats. Only time will tell.

SECURITY UPDATE - WE ARE NOW ON ERNIE

It looks like the residency requirement has become a hot-button issue. Yesterday we had over 200 visitors and plenty of comments on the issue. The issue also cropped up in Sound Off. This prompted us to change the Security Level to Ernie....we repeat...we are now at DefCon Ernie! Please go about your regular business and be sure to report any suspicious activity.

Lets take a look at who has to live where under the residency ordinances.

EMPLOYEES

First, The Code:

§ 60-5. General requirement. All employees of the City of Troy, except those expressly exempt by the Public Officers Law of the State of New York, shall be residents of the City of Troy at the time of their employment or shall become residents within 90 days after their employment and shall remain residents of the City of Troy as a condition of their continued employment. Except as hereinafter provided, any employee of the City who does not comply with the mandatory residency requirements of this article shall be subject to immediate termination by the Mayor.

It could be argued that an employee who does not reside in the City of Troy must be terminated by the mayor. The wording is "shall be subject to"....not "may be subject to"....

Of course, to even potentially fall under the Public Officers Exemption on must be a Public Officer. There, employees must be residents of Troy. Except:

§ 60-6. Exceptions. The residency provisions of this article shall not apply to any City employee who is employed by the City on the date of the adoption of this article, but shall apply to persons whose employment with the City of Troy commences after the date of adoption of this article, except those persons expressly exempted by the Public Officers Law of the State of New York.

Or:

§ 60-7. Waiver of requirements. In the event the Mayor shall certify to the City Council that, after a reasonable recruitment period, he/she has been unable to fill a vacancy in any City position covered by this article by appointing a qualified resident of the City or a qualified nonresident who is prepared to become a resident within 90 days of his or her employment, then the Mayor may waive the residency requirements for said position on the grounds of "difficulty of recruitment." Such waiver shall apply to such specific appointment only as certified and waived by the Mayor.

An initial question must be: Has the current Mayor gone through this certification process for any current employee. If not, the Waiver does not come into play. We know that some of our public officers probably should be certified.

PUBLIC OFFICERS LAW

The applicable provision can be found in Art III, Sec. 30, sub 6. Essentially, the residency requirements do not apply to Public Officers (except the City Manager), if those officers reside in Rensselaer County.

So, employees must reside in the city unless there is a waiver and Public Officers must reside in the County.*

The City is also empowered to maintain an action to enjoin violations of City Ordinances:

§ C-41. Actions to restrain violations. The City may maintain an action to restrain by injunction the violation of any City ordinance, notwithstanding that such ordinance may provide a penalty for such violation.

Finally, the issue involving the Police Department.

§ 79-4. Residency requirement for members of Police Department. [Added 12-22-1995] The City Council believes that it would benefit the citizens of Troy if the members of the Troy Police Department resided within the City limits. Therefore, the police officers of the Troy Police Department are hereby required to reside within the Troy City limits. This provision shall take effect immediately, except that it shall not apply to any current police officer of the Police Department who currently resides outside the City limits.

One could read this as prohibiting Police Officers hired prior to 1995 from leaving the city to reside elsewhere as well as new hires having to reside in Troy.

This legislation was challenged in Troy Police Benevolent and Protective Association Inc. v. City of Troy, 299 AD2d 710 (2002). Robert Hayden was reappointed to the police department in 1997, while residing in Troy. Thereafter, he purchased a home in Pittstown. An assistant chief advised Hayden that he was required to live in Troy and that any failure to abide by the requirement "may ultimately result in dismissal from service."Mayor Pattison had also instituted a practice requiring officers subject to the law to sign a form attesting to any change in their residences.

This situation is ripe for disaster (and not the good kind). All it takes is one crazy taxpayer and an Aretakian attorney and he/she** could turn a lot of lives upside down. Our solution is simple: Repeal the law mandating that police officers live in the city. Then, pass a less ambiguous law mandating that all new hires, from the date of passage, must reside in the city. Allow anyone hired before that date to live wherever they would like.

We do not like residency laws applied to police or firefighters. It's the local municiplaity version of jingoism. However, we appear to be in the minority and the above suggestion would be a good compromise.

In any event, if residency requirements are going to be enforced, start at the top, not with rank and file police officers. Make sure the Corporation Counsel, the City Assessor etc., reside in Troy.

As for Spargo,*** we believe his position makes him an employee rather than an officer. However, the administration claims he's covered by Public Officers Law. So be it. He should get his ass to Rensselaer County or be fired. There's no waiver in the Public Officers Law like there is for City employees.

And hey! Lets be careful out there.

* Ironically, Crawley moved to Troy but didn't have to. It worked out well for Brunswick. They received two players to be named later.

** This is not to imply that Aretakis is a He-She or She-Male. Please don't sue us.

***Spargo is a great example. When he shook down attorneys in the Third Judicial District he had to reside within the Third Judicial District. If he's going to shake down people in Troy, he should live in Troy.

A LITTLE THIS, A LITTLE THAT

By Politicus Ebonus Abyssus

The Spargo hiring has led to another suit against the City of Troy. Maybe we were wrong about the hiring of Spargo. The City obviously needs additional deputy corporation councils to help fend off all these suits against the City that are a result of poor management and capricious and arbitrary decision-making.

Be that as it may, the Mayor has not been accountable for the hiring to the taxpayers of Troy, who are paying Spargo's salary, or to Councilman Campana, who sent a letter to the Mayor weeks ago requesting information about the hiring of Spargo and who has not received any response. This lack of accountability cannot continue and cannot be tolerated.

If the Mayor had any sort of brains or balls, he would remove Spargo before the suit went too far. The bottom line is that there was little or no process used in hiring Spargo, and Spargo does not live in Rensselaer County, a clear violation of the Public Officers Law.

The city can ill afford to use precious tax dollars to pay salary for a political appointee and for damages from the suit due to bad politics and bad decision-making, while the City continues to need so many things. The Mayor also needs to stand up to the State Republican Party and let them know that the City will not become a dumping ground for every Republican in Pataki's administration looking to get in a few more years in for retirement.

As usual, Politicus Ebonus Abyssus cuts to the quick.

Another law suit resulting from ignoring the rules. The Mayor justifies himself referringing to Public Officers Law, but without citing any particular section (Record Reporter James Franco has written about this issue a number of times but we'll be damned if we can find the link to the stories). The Administration's interpretation of the Public Officers Law is hampered by the fact that it's difficult to read when your head is up your ass.

With Aretakis involved this is bound to be a circus. Grand entertainment for all.

It looks as if Spargo, at the very least, has to live in Rensselaer County. He doesn't. Case closed. But, we don't really care where he lives. We're not very supportive of the "city employees must live in the city" mentality. The real reason Spargo must go is because of the disgraceful way he left the Supreme Court bench. Why Tutunjian wishes to reward unethical behavior is a mystery.....unless....the city plans on shaking people down and they wanted a professional on staff with experience.

Speaking of living within the city.....

FIVE COPS NOT ABIDING BY THE LAW

It looks like five police officers are violating the law. We're outraged by this gross flaunting of.....where were we?

Residency requirements never really did it for us. They're usually passed to keep the simple-minded peasants happy. We could care less where anyone lives as long as they're capable. Hell, look at the last mayoral race. We'd have gladly taken two out of town candidates over our home grown boys.

Still, it's the law. It was passed by the representatives of the people. Get it off the books or abide by it.

Another interesting Cop story which we alluded to earlier. It will be interesting to track the origin of the weapons involved. Were they purchased from someplace like Wal-Mart, where a record would be kept or are their origins a bit more mysterious?

TROY P.D. BLUE

CORPORAL -IT'S NOT JUST FOR RADAR AND KLINGER ANYMORE

It's not often we get to write about Troy's fine police force. Unlike some of their local brethren, the Troy Police are generally a good lot: able and professional.

We recently learned that our police department will soon be adding the rank of........(drum roll)...Corporal! That's right, we'll have corporals. Or, at the very least, a corporal. They had considered creating a First Mate position but no one wanted to wear the nekerchief.

Of course, we immediately thought of the M*A*S*H episode when Hawkeye created the rank of Corporal-Captain so Radar could obtain entrance to the Officer's Club.



"Captain's bars and Corporal's stripes-No I don'tlike it. Not one bit!"
No one knows who the first Corporal of the Troy Police Department will be. There is a complex civil service formula that takes a variety of factors into consideration. Luckily, we just happen to have a copy of that formula.




Who gets the stripes is anyone's guess but being able to run errands is considered a plus.


Proposed uniform for Troy PD's newest rank

Discussions are also underway to creat the rank of Field Marshall.

AREA LAW ENFORCEMENT OFFICER IN HOT WATER?

We won't mention which department but lets just say the initials are Troy Police Department.

Seems there was a break-in at the home of an officer recently. The Rensselaer County Sheriff's Department handled the investigation. Some guns and credit cards were taken. The perps were apprehended and the booty was returned. One problem: the guns had been altered. There was at least one shot gun that had morphed into a sawed-off shotgun and the serial numbers on several weapons had been erased. Altering firearms is a Federal Offense.

It could be serious. No, not as serious as having a bike without a horn, but serious nontheless.

NEWS WRAP-UP

Hope everyone had a great holiday.

CASALE OUT

Long time area Assemblyman Pat Casale announced he will not run for re-election. Casale has been the Assemblyman for the 108th District for the past 14 years, doing whatever Republicans in the Assembly do, which isn't much. Thus ends a decade and a half bout of narcolepsy.

The big question will be, who's big enough to fill Casale's seat? According to Talespin, Rensselaer County legislator, Martin Reid, is on the fast track to the Republican nomination. Apparently, Mr. Reid is tired of screwing the locals and wants to take a shot at the entire state.

We want to be the first to endorse Mayor Tutunjian for the 108th Assembly District. We believe he'd be a worthy successor to Mr. Casale. We'd also enjoy the drama that would develop in the Troy political arena with Tutunjian's departure. Word has it that Councilman Mark Wojcik thinks he has what it takes to be mayor. In fact, we've already seen signs of support for Mark.



GOOD REPORTING

The Record's James Franco has done some excellent pieces on the Brian Benoit trial and follows-up with an interview with a juror. It's an interesting look at what a jury is thinking behind closed doors.

PIT BULL ATTACK

We recently posted a guest column on the dangerous doggy legislation. The next day, this story. Irony, got to love it.

Our legal team has carefully reviewed the legislation in question. On the whole, we still support destroying animals that attack people, especially small children. However, the actual resolution is poorly drafted, full of holes and ambiguous. It's a lazy effort, all too common with our current administration and our current council. It doesn't even provide exceptions for canine attacks on elected officials or activists.

DOGGY STYLE - PART II

Part Two of Mahlon Goer's guest column on Troy's new bad doggy legislation.

Death by penis?

But whatever. Most politicians want to be able to say they did SOMETHING. Right? ANYTHING. Whether or not the law is enforced is another matter entirely. So, what exactly did the city council do for Troy?

In Troy, a dog can be found dangerous without having injured anyone or anything. A dog can also be found dangerous for "attacking" any other animal without provocation.

So, if your dog chases the squirrels in your backyard? Technically speaking:
DANGEROUS

If your dog scares the bejeezus out of the neighbor's cat that is once again poking through the iris next to your driveway? According to the Troy City Council:
DANGEROUS

If your dog should go after a mouse . . well, okay, you get the point.

And what are the consequences for a dog that "attacks" another animal -- any other animal -- in Troy?





DEATH

You got it. Mandated euthanasia. No ifs, ands or buts about it. Judges have no options. The city council just removed any discretion they had.

And if your cat-hating dog somehow escapes the death sentence? Better enjoy the time left to you because that'll be the last dog you'll ever own. For as long as you live in Troy, at least.

But don't forget the chain. You will have to walk you dog on a 3 foot, 300 lb rated chain. Never mind that it doesn't have a wrist loop to hold on to and doesn't have a clip to attach to your dog's collar. Never mind that under that law it would be perfectly fine to send a two-year-old out to walk the dangerous dog on the 3 foot chain.

So sad. So unnecessary. So unfair.

And so very, very inefficient.

Here's what we want to know: How does Councilmember Wojcik and his colleagues on the Troy City Council envision enforcement of this mess?

Just in certain areas of Troy? Are the new sanctions just for the emasculated, penis-envying owners of pit bulls? Because unequal enforcement of the law is illegal. Justice is blind.




Isn't it?

More importantly: When are Troy's public policy makers going to get serious about a dog bite prevention program for school-aged children? All of these ordinances and death penalties are too little, too late. Why wait for another bite to happen? How about enforcing leash and licensing laws starting today?

Wake up and smell the dog!

In their zeal to hop on the breed profiling bandwagon, Councilmember Mark Wojcik and the entire Troy City Council seems to have lost track of a few basic facts. Such as. . .

Not a single reputable organization with any expertise and experience with the issue of dogs and public safety supports the negative stereotyping of pit bulls, or any other breed of dog.

Not the New York State Veterinary Medicine Society, American Kennel Club, American Veterinary Medicine Association, American Dog Owners Association, National Animal Control Association, American Society for the Prevention of Cruelty to Animals, Humane Society of the United States, and many, many more.

The Supreme Court of New York State found that insufficient evidence has been offered to indicate that pit bulls are naturally prone to viciousness or violence, or are unsuited to domestic life - Supreme Court of New York, Appellate Div., 11/24/98

Pit bulls are extremely popular dogs, the vast majority of which are owned by loving and responsible owners.

Oh, yeah, and 44.9% of households include a dog these days, according to the latest surveys. Which makes dog owners one heck of a big voting bloc.



So wake up Troy! My dog votes! Does yours?



Mahlon Goer, member, Dog Federation of New York

DOGGY STYLE - PART I

We were taken to task for supporting the dangerous dog legislation that recently passed by the Troy City Council. Here's another take on the legislation from Mahlon Goer, today's guest columnist.

Penises, Politics, and Pit bulls:
A Cautionary Tale
By Mahlon Goer

The rhetoric from Troy on dangerous dogs hit a few speed bumps this spring. Picking our way through the wreckage, we noted that City Councilmember Mark Wojcik led the charge against pit bulls.

Quoted in the Times Union:

We wish we could outlaw pit bulls. . .We want to make it as hard as possible for anybody who has a pit bull in this city." - Troy City Councilmember Mark Wojcik

From the Troy Record:

You can drive through certain areas of Troy at any given time
and see pitbulls all over the place. - Troy City Councilmember Mark Wojcik

This same lawmaker, elected public servant, and, it seems, dog expert, social scientist and psychotherapist, also apparently believes that:

the 'pit bull' is the dog of choice of the drug dealer, the street-level criminal's security or perhaps an emasculated male with penis envy. - Troy City Councilmember Mark Wojcik

Penis envy??? Oh, my.

Is Councilmember Wojcik concerned with problem dogs and problem dog owners, or is something else going on here? Anyone who owns a pit bull, anyone at all, who perhaps lives in certain areas of the city. . . is associated with drug dealers, street-level criminals and even emasculated males with penis envy? Is that the message?

Why profiling is a bad, bad thing

Councilmember Wojcik should be forewarned that this kind of distorted message, "the negative stereotyping/profiling/discriminatory kind of message”can backfire in a big way. Just ask ex New Jersey State Police Superintendent Carl "Driving While Black" Williams, for example.

Or maybe the U. S. Department of Justice, fresh from settling a civil right's suit on behalf certain areas in Chicago.

Or, best yet, check out a recent piece in The New Yorker magazine entitled 'What pit bulls can teach us about profiling' in which noted author Malcolm Gladwell quotes New York City Police Commissioner Raymond Kelly:

We have a policy against racial profiling. . .It's the wrong thing to do, and its also ineffective.

Speaking of ineffectiveness, lets get back to Troy.

The City of Troy is barred by New York State law from enacting local law based on negative breed stereotypes. In other words, Troy is prohibited from creating bad legislation which would collaterally penalize the vast majority of caring and decent dog owners with well-managed dogs.

So, on May 4th Troy's city council moved to strengthen the city's dog control laws.

For the second time in three years.

Yup. Three years ago Troy amended the dog control ordinances. And animal control failed to enforce those changes. . . More recently, the city council brought in legal counsel from the NYS Dept. of Agriculture, and was told that Troy already had good ordinances on the books.

Part-II tomorrow.

DEMOLITIONISTS V PRESERVATIONISTS

The recent removal of the Cinema Arts marquee stirred the public to action. Many (we'll call them preservationists) were disturbed that an historical building (the CA), in an historical section of Troy, was unnecessarily altered without following the proper procedures.

The outcry caused Mayor Harry to hold a meeting. Both the administration and the preservasionists were able to voice their concerns on a variety issue. Then, Mayor Harry threw down a challenge. He challenged someone to buy and rehabilitate a property on 8th and Hoosick. The property would be auctioned off for $1.00.

It was a cynical move and not a challenge at all. It was a trap and far too many people fell for it.

We have driven by the property numerous times. It is, in a word, a dump. A shell. Perhaps there's a chance that the inside is in better condition than the outside, but that seems doubtful. Who in their right mind will buy the place and rehab it? Rehabing that building would be rehabilitation in name only. It does need to come down.

The challenge was a cheap, bush-league shot aimed to humiliate the preservationists, many whom the Mayor has called liars. The challenge detracts from the real issues of balancing preservation with new construction. Troy does have fine building and many of them would be worthwhile to rehab. The 8th and Hoosick property isn't one of them.

Harry should start spending the money earmarked for preservation. None of it has been spent (along with the money for paving etc). He's more than likely sitting on the cash until next year, an election year.

The preservationists must realize two things: not every building can or should be saved. They must also realize that people who purchase property should have a right to do with that property what they will.

It's a worthwhile debate cheapened by Harry's infantile challenge. The challenge was a cheap, bush-league stunt designed to make concerned citizens look like failures when the property in question is ultimately demolished.

QUICK UPDATE

When we read stories like this, it boggles the mind.

A Capital Region man is among three Hartwick College fraternity members accused of forcing a pledge to do push-ups in urine-soaked garbage containing broken glass.

I'll let a bunch of jerks degrade me so I'll be able to hang out with a bunch of jerks? We are unable to confirm whether or not Congressman Sweeney was at the party.

Then there is this little story, from the great state of Missouri.

BLACK JACK, Mo. - The city council has rejected a measure allowing unmarried couples with multiple children to live together, and the mayor said those who fall into that category could soon face eviction.

How long before our pack of Neanderthals enact similar laws? We probably shouldn't give them any ideas.

We should have some interesting posts on the Carignan lawsuit soon, perhaps in a few weeks. Seems a few people in City Hall are very nervous.

THIS WEEK

Yesterday was Mothers Day so Happy Mothers Day to all you Mothers. We hope it was an enjoyable day (despite the weather).

Posting will be light this week. Another parole hearing. This time I think I have a chance.

Someone pointed out, rightly so, that we may have jumped the gun in our support for the 'Viscious Dog" legislation. We'll try to re-examine that next week. We may have. In retrospect, it does seem overly broad, much like the initial version of the recent "junk car" legislation. However, we still oppose introducing sharks into any local waters.

There's also been a lot of talk about demolition v. restoration following the marquee removal a few weeks ago. If you recall, Troy's Department of Fuck-Ups jumped the gun in taking down the Cinema Arts marquee. Franco's written on that topic exstensively.

And, of course, let us not forget Harry's recent sign silliness.

So, talk amongst yourselves and play nice.

SIGN OF THE TIMES

We were too busy sorting through our Tara Lipinski photo collection to post about this story. Therefore, please welcome our guest columnist, Vespasian, fresh from the Circus Maximus.

According to The Record, Troy has have adopted a new policy prohibiting people from taking photographs of children ice skating at a public arena. The NYCLU has threatened to sue the city unless the policy dropped.

I found this story interesting because (1) I believe I can offer our Mayor some constructive criticism regarding his public relations tactics and (2) this policy is stupid.

According to The Record, Hizzoner said the following with respect to the NYCLU: "The same group that is fighting the use of surveillance cameras to protect residents in high crime areas is now arguing against a policy involving camera usage that aims to protect the youngest and most vulnerable members of our society. That is very ironic." Priam, Tutunjian is not.

I'm fairly removed from 10th grade Latin, but as I recall, irony entails some sort of twist, wherein the opposite of what is expected actually occurs. For example, it would be ironic for the Mayor to condemn meatball wedges.

So, here's my suggestion for the Mayor: Change your quote to the following: "The same group that is fighting the use of surveillance cameras to protect residents in high crime areas is now arguing against a policy involving camera usage that aims to protect the youngest and most vulnerable members of our society. That is very typical of people who so clearly hate America and it is definitely not ironic." Not only does this amendment correct the Mayor tryst with creative vocabulary, it also puts the enemies of all things good and righteous against the ropes, just like Frazier did to Ali.

But let's take a step back for a moment. Caligula tried to prohibit frescos from being made of the young, strapping, gladiators at the coliseum- and look what happened to him. Now, I'm not saying that Deputy Dan is going to round-up a few praetorian guardsmen and have the Mayor removed. Dan doesn't have the sand for that.

No, the real problem with this policy is that it is just plain stupid. It's similar to regulating the ownership and use of handguns because a few bad apples might actually kill people with them. Actually, its worse than that. It's more like outlawing shooting targets because it will make those bad apples better shots.

In addition, it affords special treatment to a class of children that doesn't include my kids - kids you can be proud of. Why should they be afforded special treatment? Next thing you know, Hizzoner will be trying to outlaw chocolate because some people overindulge and become obese.

Now wouldn't that be ironic?

Vespasian

Although we chose to publish Vespasian's Editorial, we must disagree. We support Harry on this one, despite the fact the new policy may adversely impact Lansingburgh's budding Japanese tourist trade.

We support the policy so much, that we've implemented our own, similar policy. We've blackened out the faces of the various politicians over on the right. It's our hopes that such steps will reduce the salacious quality of those images and prevent someone from taking matters into their own hand.

Our suggestions, unlike Vespasian's, are designed to aid our Mayor rather than poke fun at him. First, how about a sign that prohibits pedophiles* from the ice skating rink? We just thought it would cut out the middle man. Secondly, photos of the sign tend to make you look silly. We suggest a companion sign. Something like:


Finally, increase the penalty for disobeying signs.

*Pedophile derives from the Latin pedophilia, meaning lover of bicycles.

THANK YOU

We'd like to take some time to thank all those who linked to the Joe Cavallaro interview. For a 'lil 'ol blog like ours, the interview was a success. The week the interview ran, we doubled our readership (which promptly sank back down to 170 a day last week).

So, thanks go out to:

Upstream;

10,000 Things;

York Staters;

The Record's Talespin;

and the New York Daily News Political Blog.

Check out Dish and Dirt, an interesting and entertaining blog about dinning in and around Troy. Enjoy.

COUNCILMAN HOPES TO CURB DOG ATTACKS/PENIS ENVY

The Troy City Council recently enacted "Vicious Dog" legislation that would, in part, increase fines for owners of dogs that attack people or other animals. The legislation applies to any dog that attacks, but we all know it's primarily aimed at 'Pit Bulls' and other attack dogs.

At the outset, let us say that we whole-heartedly support the law. We know the arguments: it's how the dog is raised and trained, it's not the particular breed.....That may be so, but the legislation does not single out a breed despite the fact that certain breeds will be impacted more than others. The fact is, 300 people a year die in dog attacks and pit bulls are responsible for a majority of those deaths.

Pit bulls are like Germans. Sure, you can meet nice ones, but overall their track record for the last century ain't great.

Recently, a disgruntled RPI student sent an e-mail to Councilman MarkWojcik:*

From: Justin Stone
Sent: Monday, May 01, 2006 11:20 PM
To: Citycouncil.
Subject: Mark D. Wojcik

Regarding your policies on pitbull ownership,

I am a RESPONSIBLE pitbull owner who attends RPI and I am appalled that
a person with such obviously limited intelligence could ever obtain a
political office. Anyone who has done even the most minimal research
knows that pitbulls as a breed are not even near the top of the fatal
bit list. My pitbull is temperament tested, well trained, and handled
responsibly at all times. Yet you still desire to make it "as hard for
me as possible" to own my dog. The reason breed specific legislation is
illegal in New York State is because individuals much smarter than
yourself realized that the problem is the irresponsible owner (of any
breed) and not a specific kind of dog. Please, do some research (it
involves thinking I know) before you consider attempting anything more
drastic in your pointless crusade against one of the most loyal and
people friendly breeds. If you continue down your current path you will
discover that many pitbull owners are as determined, energetic, and
loyal as the dogs they love.

Sincerely,
Justin Stone

A rather rude, impolitic e-mail for someone who'd like a councilperson to address concerns.**

Mr. Wojcik responds:

Mr. Stone,


Thank you for your interest in our proposed legislation concerning "vicious
dogs" on the Troy City Council agenda for the May 4, 2006 meeting. I have
to be honest though, I have to question your credibility as a college
student attending RPI. Being very familiar myself, of the various type of
writing assignments required of matriculated college students, including
research papers, technical manuals and fictional and non-fictional essays, I
sense that there was a obvious lack or interpretation of the facts as
presented in your e-mail.

First, to correctly state the facts about pit bulls, they have been bred
through the centuries as a dog trained for attack fighting. They also
possess characteristics that almost all other breeds of dogs do not possess
such as an extremely low inhibition to attack as well as the propensity to
maim or kill, whereas most other security dogs would back off.

But maybe you are offended that we may be "stereotyping" the pit-bull. If I
am to be guilty of stereotyping the pit bull, I guess it would be because of
the numerous attacks that have been initiated by a particular breed. Maybe,
it is also because the "pit bull" is the dog of choice of the drug dealer,
the street-level criminal's security or perhaps an emasculated male with
penis envy.

And finally, on a personal note, and as a dog-lover, I can't understand why
people need to buy or adopt a potentially very dangerous dog, when the
shelter puts down hundreds of homeless dogs every year. And why people feel
that it is acceptable to harbor these dogs within an urban setting. Great
white sharks don't attack all people, but I wouldn't put one in the Grafton Lake's State Park either.

Hopefully, the legislation will curb both dog attacks and penis envy, two worthy goals. We also applaud Mr. Wojcik for his brave stand against introducing Great White Sharks to Grafton. That needed to be said and he's the only elected official speaking out against such a proposal. In fact, we imagine a Great White in Grafton Lake would be quite dangerous for the few hours it survived in fresh water.

Let's make sure this never happens!


A story related to the legislation?


* We received a copy of this e-mail from an unusual source and because of that are not totally convinced of its authenticity.

** Moreover, we don't know why this legislation would make it difficult for Mr. Stone to own a lovable, loyal pit bull that doesn't maim and maul other living creatures.

ZERO TOLERANCE

In keeping with the city's 'zero tolerance' for code violations Mayor Harry Tutunjian announced that the Corporation Counsel's Office will be demolished.

"They've had too many violations," said the Mayor. "First Bauer and now Spargo. We gave them twenty-four hours to remedy the situation and they failed to comply." Bauer (now President of the City Council) and Spargo are slated for demolition next Tuesday.

Don't worry, Bauer and Spargo will not be harmed. There's no actual zero tolerance for Judicial Ethics Code violations. Not in Troy.

What do you get a judge that has been de-benched for unethical conduct? Normally, that judge is ostracized. In Troy, they get put on the public dole.

There was Hank Bauer, booted off the bench for his unwillingness to follow the law. He took haven in Troy's Corporation Counsel's office before being elected to the City Counsel.

Now, disgraced judge Thomas Spargo joins the team.

Interestingly, Spargo's ethical lapses were not an impediment to public service in Troy. As mayor Harry said, in the afterglow of a Spargasm:

"To me, it doesn't mean anything," Tutunjian said. "We are searching for talented attorneys to help us run the city of Troy. To have someone of Mr. Spargo's caliber on our team is a bonus."

Really, Harry? Doesn't mean anything? Read the decision, Harry. Let's take a look at what Spargo did.

Essentially, Spargo shook down lawyers to contribute to his defense fund (ironically, this was much worse than the underlying allegation). Those lawyers had cases pending before Spargo. The findings of fact and the decision can be found here. * So, Harry, that doesn't mean anything to you? Well, now we know where you stand on ethics.

There's also a questions about whether hiring Spargo is legal. We could care less where Spargo lives, or anyone else that works for the city for that matter. But, to hire a shake-down artist and then say it "doesn't mean anything," abandons any pretense to ethics.

In another story, Harry compared Spargo to Derek Jeter, a completely ludicrous comparison. First, Jeter is a shortstop, Spargo an attorney. Even if he were a ball player, Spargo would not be a shortstop. More like a Gold Glove first baseman. Secondly, Jeter has not been forced from the lineup for throwing games. Jeter has a .315 lifetime average. Spargo only hit .274. The better comparison is to Black Sox star, Joe Jackson. Jackson was a talented, amiable man. He was also a crook.

At the very least, Harry could level with us. He's probably helping Spargo pad his pension. That's what politicians do, they help each other out. In this case, it's rewarding highly unethical behavior and Troy deserves better.

Interestingly, Corporation Counsel Dave Mitchell mysteriously resigned his judgeship up in Ballston Spa. Then, of course, he sued the village. Isn't that like suing the good people of Ballston Spa? There's nothing in the articles to say Mitchell did anything unethical. The resignation from the club however, is intriguing.

Zero Tolerance? Not for Judges that violate ethical standards. They're always welcome in the Home of Uncle Sam.

What do we tell the children?


* A close reading of the decision makes you wonder why some other people are not in hot water

GUEST COLUMIST

Another guest post from the very thoughtful Politicus Ebonus Abyssus:

The Troy City Administration continues to implement programs that look pretty but that do little to move the city forward. While Harry understands fluff and pageantry, he has no understanding of the substantive changes that this city needs to grow and become viable. Harry reminds me of an ice skater who cannot do the triple lutz but looks good in the outfit (Try sleeping with that vision in your head!) – all show and no stay.

While Harry has touted the paint and sidewalk grant programs and the zero tolerance policy for code violators on the radio as improving this city, these only deal with cosmetic problems. Such programs do little to attract businesses and to improve the infrastructure. A better example of this is how the city repaired the streets last year. While many intersections were paved, little was done with the remaining portions of the streets. Did Harry believe only the intersections had potholes? Better yet, does Harry think that the citizens of Troy are so stupid that they believe that the streets were repaired just because the intersections got paved? A slight of hand does not get the job done, Harry.

More businesses are closing, leaving more vacant building, lots, and storefronts, ultimately reducing the tax base and impacting on revenues for both the city and the school districts. The water delivery system continues to be ignored unless a pipe breaks. This city needs to create programs that attract and retain businesses, address a sorely aging water infrastructure, and create more homeownership. Illegally knocking down a historical sign because it belonged to an adult movie theater while leaving the scaffolding up at Proctors, which had a similar problem, only shows that the City’s administration true motivation is political and self-serving, not moving the city forward

SAY IT AIN'T SO, JOHN

Congressman John Sweeney has wrapped himself in controversy this week for allegedly getting plastered at a Union College Fraternity party. It's made the news and has been featured here and here, among other places.

After reading the articles, all we can say is, shame on you, John. How can you disgrace New York's 20th Congressional District with such outrageous behavior? Resign now and salvage some dignity. Really, John, Keystone Light? Come on! If it had only been Sam Adams (especially the Winter Lager), you might have survived this incident. But Keystone Light? Disgraceful. Have you no shame, man?

In all seriousness, we must defend Congressman Sweeney. Let us surmise he was intoxicated and there were people under age at the party. Has it come to such a point that public figures can't do anything a little off-color? Must they be sterile automatons, worried that every aspect of their private, as well as public lives, will be scrutinized? Sure, Keystone is an awful beer and it was a poor choice, but it was a frat party. It's not like they can afford a half-keg of McEwan's. And we should offer thanks. We're lucky Sweeney wasn't caught rushing the fraternity, using his ass cheeks to drop bing cherries into martini glasses. Now that would be news. Besides, Sweeney committed no crime. It's not as if he were a black man riding his bike in Troy.

Now, lets take a look at the photographs:


Forget Sweeney (who looks like he's passing something other than legislation): We like Bob Marley there, back in the corner. What exactly is he smoking? Is it a 'straight' cigarette or perhaps something more aromatic. Perhaps some fine, Guatemalan North Slope Trip Weed?

Finally, a word to the kids. Fella's, hanging with a congressman at a party is slightly less interesting than hanging with your dad's accountant. It's so sadly establishment. Now, if it's the '50's, and you get a photo with Kerouac, that's cool. The '60's, Mick Jagger. But a congressman? Very lame, indeed.



Later this week, Harry has a Spargasm.