SWAP SHOP

Last night the City held a public hearing on the City Hall-Judge-Verizon property swap. More details of the swap were released. Here are some of the stories from the past 24 hours:

The Record;

Times Union;

Times Union.

The purpose of the public hearing is to give the public information about this scheme and then, in turn, hear from the public. Some details were released. Unfortunately, one detail not released is the most important detail of all: the fair market value of the City Hall property. No one can analyze this scheme without that information. It could be the best deal on earth. It could be a rip-off.

"JDC would lease the City Hall property for $1 per year over the same time and would also be have the option to buy nearly two acres of riverfront land for $2.25 million, Mitchell said. He promised to release copies of the pending deal with JDC for public scrutiny in two weeks and an appraisal of City Hall by a company he wouldn't name on Monday." - The Record

Why wasn't this information made available prior to the hearing?

Tutunjian also assured the audience that the proper process was followed. Experience has shown that Harry's understanding of proper procedure and legality is, at best, dubious. We'll discuss that next week.

LINES

Looks like Democrat Pete Ryan (ED3) will take the WFP Line once the absentee ballots are counted.

There's also good news for District 5 challenger Ken Zalewski. He could pick-up the Independence Line.

WE LOVE TROY

Classic Troy. Thought we'd share.

DOING LINES

Primary Results are in. The Record's coverage can be found here. We're sure you'll find complete results for the entire region over at the Times Union but their site is down at the present and we gotta go.

Congrats to the winners (even if they aren't really running or did not want to run). No whining from the Democrats, please. If the party leaders don't do the work and hustle to take over minor party lines, you really can't complain.

One question: Why no WFP primaries in Council District 2, 4 & 6?

VERY SPECIAL MEETING

Don't miss Thursday's very special Troy City Council meeting. So special, in fact that we almost missed the very special Notice:

And the public hearing to take place immediately before the meeting:


What do they want to use our grant money for?


Why, to demolish City Hall. So, in addition to giving the land away, we're also taking grant money that could go to existing businesses and doing the work for the private developer?

One would think, with the Troy Renaissance and all, that developers would be beg to purchase the city hall property, perhaps even engage in a bidding war for that property and not even blink at the cost of demolition.

Looks like Harry has broken out his knee pads.

More tomorrow on this brilliant deal.

WHO IS PLAYING POLITICS?

The sheer shamelessness of the County GOP is breathtaking. From the TU blog:

The Democrats have picked a former Schodack Republican to fill the Rensselaer County Legislative seat vacated by the death Sept. 8 of Schodack farmer and District 4 GOP Legislator Edward R. Swartz. The Democrats met Sunday and tapped town resident and East Greenbush businessman Robert Zinzow to run for the spot this November.

Of course, not wanting to "play politics" the GOP had this to say:

The majority Republicans, who are scheduled to pick a replacement Sept. 24, fired off a press release this morning criticizing the Democrats for acting too quickly on their choice on the heels of such a tragedy.

“Quite frankly, I am surprised Democrats would put up a candidate, based on the tragic circumstances involved here,” said Chairman of the Legislature Republican
Neil J. Kelleher. “This is a community tragedy, not a political opportunity.” One Republican legislator hinted that their party should not be challenged for the seat out of respect for Swartz.

Quite frankly, we're surprised the County GOP leaders would use this tragedy as an excuse to play politics and blast the Democrats. After all, who issued a press release using the death? Classy, guys, real classy.

PRIMARY DAY

PRIMARY DAY

Tomorrow is Primary Day.

The big primary battles are in Albany County: Manning v Carlson and the Albany Comptrollers race. In Troy, Ken Zalewski and Tom Thornton will slug it out for the Dem nomination in the City's 5th ED and we'll find out if incumbent Marge DerGurahian will have a place on the ballot in her At-Large run.

Most of the Troy races are same-old same-old: Mirch diddling around with minor party lines.

The TU has the primary races right here.

Shawn Charniga covers the GOP races in the hinterlands and Franco weighs in on Watervliet and more.

If memory serves, WFP primaries in Rensselaer County are frequently won by votes of 3-2 or 2-1. One of the few times a dead car battery can change the course of an election.

ENDORSED

On Monday night the PBA met. Among other things, they voted to endorse a number of candidates. They did not make endorsements in every race. Approximately 130 PBA members participated. The meeting was filmed on location. All candidates are presumed innocent until convicted in a court of law.

At-Large

John Brown (D) and Clem Campana (D) received enthusiatic endorsements.

We've heard that Henry Bauer and newcomer Maria Talarico were also endorsed. Not sure about that. Would the PBA invite more than three candidates into a three way? That's not an endorsement. It's an orgy.

District Races

#1 - None

#2 - Mark McGrath (R)

#3 - Peter Ryan (D)

#4 - None

#5 - None

#6 - Gary Galuski (D)

Mayorship

Both Tutunjian (R) and Conroy (D) made their pitch for the PBA endorsement. The PBA declined to make an endorsement because, "We're washing our hair that night." Candidate Elda (Prohibition Party) was also present.

District Attorney

PBA voted not to endorse, despite County Chair Jack Casey's lobbying efforts at the recent PBA Dinner. Casey was overheard at the PBA dinner telling not a few members, "We're counting on you." Count again, Jack.

In fact, insiders at the TPD say that McNally would have had the votes if the PBA had voted. Why they declined to endorse anyone is not known. Perhaps, because we have two choices for DA, no endorsement is necessary.

For the PBA, Troy is not the Collier City

The most interesting dynamic was District 6. The PBA voted to endorse Gary Galuski, challenger to three-term incumbent, Carolin Collier. It is one thing to vote to endorse. It's another to do so with such obvious glee. Whence this anti-Collierism?

We have heard that Collier is too close* (or perceived to be to close) to someone within the department who is unpopular with the rank and file PBA members. Who knows.

What good are endorsements? We're not sure. We do know they don't hurt. It's also a sign of strength for newcomers Brown and Galuski. It's also an opportunity to issue a press release:

Troy, New York (September 12, 2007) -- John Brown, Democratic candidate for City Council-at-large today was recently endorsed by the Troy Police Benevolent Association. The roughly 130 members voted to endorse only 7 candidates for the city and county races this fall. Brown was excited to have garnered their support.

Brown stated, “I am honored and privileged to have earned the support of the Troy PBA. These men and women protect our city everyday and they selflessly put their lives on the line for the people of Troy.”

Brown went on to say, “This endorsement solidifies the message of our campaign. We need new ideas and serious candidates to solve the problems our city faces. I am anxious to work with the Mayor’s office, the PBA, and the officers on the street to address some of the issues facing the department. I have a crime initiative that has been very well received by the men and women on the job and we need to look at things from the bottom up, not the top down.”

Some of Brown’s initiatives include fully staffing the police department, streamlining the booking system, and modernizing the police department’s tools.

Brown continued, “We need to keep our officers on the street. They shouldn’t be tied up in the station for 2 hours when they make an arrest. Maybe we look at hiring a booking officer or maybe we modernize the computer system we use but the booking system in place simply is not working. I am going to work with the officers to see what tools best work for them. We need our patrol officers to be out in the community and having them on the street is a major priority. We need to bring this department into the 21st century.”

The candidate concluded, “We have some the best talent in the Capital District on our force. We need to retain them and give them the tools necessary to combat the problems in our neighborhoods. And I will fight for that when councilman.”

All candidates may forward their press releases to The Troy Polloi.

* By close we mean professionally close, politically allied, nothing untoward

SIGNS THAT IT'S ELECTION SEASON

We know it's election season when the signs change color and fall to the ground.

SIGNS

By Politicus Ebonus Abyssus

Signs signs
Everywhere there’s signs
Blocking up the scenery
Breaking up my mind
Do this, don’t do that
Can’t you read the sign

It’s election season and signs are popping up throughout Troy. No matter whom you support, or don’t support, signs are starting to catch our interests and imaginations.

As with the last several elections, Mirch and company are using their positions in city government to ensure that King Tut’s signs are up and Democratic signs are taken down whenever possible. Several citizens have told me they were forced to remove their signs supporting democratic candidates because they supposedly violated city codes. Because of the fear of reprisals, these individuals requested their identities be protected.

Additionally, a number of individuals have been approached by King Tut’s minions and offered money to exchange for displaying a sign. We heard that at least one person turned them down, but we suspect that many did not. While renting space for signs is not illegal, we hope that King Tut’s financial statements adequately reflect these payments.

We suspect that there will be more gamesmanship around signs. And we’ll make sure you are the first to hear the full story.

The inevitable sign wars begin. We haven't seen any signs vanishing....yet. Unfortunately, this seems to be part and parcel of campaigns in this area.

Ironically, many longtime politicos downplay the efficacy of campaign signs, believing they have no, or little, effect. They're akin to some sort of vestigial political organ that we maintain for no known reason.

Signs do cost money. Not Monopoly money, actual, legal tender. They are property. Taking them is stealing. In '05, Councilman's Dunne's signs disappeared as quickly as they went up. Jacon signs could be seen lying next to DeAngelis signs. Someone tore down Harry's Congress Street sign not long ago. A silly business. An illegal act. An frankly, poor form.

DEBATES

From a Conroy Press Release:

Jim Conroy, candidate for Troy Mayor, today again called on Mayor Harry Tutunjian to accept his proposal for a series of debates to be hosted by various groups throughout the City of Troy so that the issues that divide the City and the candidates can be fully voiced.

“I’m not quite sure why Mr. Tutunjian refuses answer our questions about issues affecting our City. He won’t even answer our questions on whether or not he will agree to the debate,” said Conroy.

“At least one of the groups has told both Mr. Tutunjian and I that in order to properly organize the debate, they would need to know by Friday (September 14) whether or not he will participate. To date, they still have not heard. It’s been more than four weeks; it’s time for Mr. Tutunjian to decide whether he is going to debate.”

On August 15, 2007, Conroy sent a letter to Mr. Tutunjian calling for at least three debates to be organized (one each) by the Rensselaer County Regional Chamber of Commerce, the Neighborhood Organization Alliance and The Record newspaper.

“I can look into the eyes of the people of our City and talk to them honestly and openly,” said Conroy. “Apparently, my opponent is afraid to do this.”

Say what you will about Conroy. He'll face some tough questions at a debate. Yet, he's offered to go out three times and face the music.

Our best guess is that there will be a debate, maybe two. Dodging a debate in a local race can have a negative impact on a candidacy.

The real question is, what good are debates? We know the theory behind them: citizens get to see and hear candidates and assess where those candidates stand on issues........Theory is a wonderful thing.

Reality? Tutunjian, Conroy (and Elda?) will pack the room with supporters. No matter how a candidate performs his (or her) supporters will praise that performance. The handful of people who sincerely do not know who they will support will leave as confused as ever.

The next day, The Record and Times Union will run the debate story. There will be quotes from the candidates. The reporters will (or better) point out each candidate's best zinger. Then our favorite part. They will interview an audience member, usually a female. Mrs. Audience Member will say, "I came here not knowing much about either candidate. But I was really impressed with candidate A and will be supporting him." Later, we'll find out that Mrs. Audience Member contributed $200 to candidate A's campaign back in June and that her husband, sister and brother-in-law worked for the candidate she knew so little about.

Actually, we can't wait.

A LITTLE THIS, A LITTLE THAT

WATERVLIET

We don't talk about the city to the west of us. That's mostly because it's all the way across the river. This year, however, it plays host to what may be the most exciting primary election.

Mayor Carlson (D) is facing a primary challenge from City Councilman Mike Manning (D, formerly I). Councilman Charlie Diamond ( a man whose personal and professional reputation is outstanding) has backed the challenger. From the press release:

Watervliet Councilman Charlie Diamond announced today that he is endorsing Mike Manning for Mayor of Watervliet.

“I am pleased to join with the Watervliet Firefighters Union, many friends and supporters of Mike Manning in endorsing his candidacy for election as Mayor of Watervliet,” said Diamond. “Mike Manning is intelligent and hard working, but most importantly he deeply cares about the people of our community,” said Diamond.

Diamond said that he understands that while some people in his position might have shied away from making an endorsement in a tough Primary election, he “simply could not sit on the sidelines when so much is at stake. Mike Manning has new ideas that will move our city forward and he isn’t afraid to tackle tough challenges. He has a vision for the future of our city, and I wholeheartedly support his recent call for the adoption of a Comprehensive Plan for Watervliet.”

In response to the endorsement, Mike Manning said that he couldn’t have a better teammate than Charlie Diamond. “Charlie has had a direct and profound effect on the lives of thousands of people throughout the Capital Region as a public servant and volunteer. I am extremely happy to have his support. I look forward to continuing to work with him to make Watervliet even greater.”

“I have known Mike Manning his entire life and he is a great person from a well respected Watervliet family. I have watched him as a Councilman for the past two years and he has had an incredible impact making city government more responsive to the people,” added Diamond.

Diamond urged the citizens of Watervliet to make the right choice on Primary Day, September 18th. His message to residents was straightforward, “When the citizens go to the polls, I hope they vote for change and new ideas. City residents have the opportunity to elect a Mayor who is responsive, dedicated, and committed to the people of Watervliet. They should vote for Mike Manning as if their future and the future of Watervliet depends on it – because it does.”

An interesting dynamic is at play over in 'Vliet. Charlie Diamond is extremely popular. He also works for Mike McNulty. McNulty has endorsed Carlson. Diamond's cousin is also named Charles Diamond (we'll call him CDII). CDII is Carlson's Treasurer and in his radio ads, Carlson takes pains to inform people his Treasurer is Charles Diamond.



JOHN BROWN

At Large Candidate John Brown will be having a fundraiser this weekend at Ryan's Wake. Here's the info:

Brown's proved extremely adept at raising money and we suspect that RW's will be hopping this Sunday.

HOTEL?

The 'swap' of City Hall for the Verizon building has interesting potential. This smells like election year BS.

There will not be a hotel on the corner of Hoosick and Lavin Court. Oh, they'll talk about it, look into it.....ain't happenin' folks. And that's a good thing. It's an awful location for a hotel. What will guests do, walk to Popeye's for some fried chicken and then to Samaritan for a side order of angioplasty? Please. Hoosick Street will not be another Wolf Road. If by some chance it does turn into another Wolf Road, it'll be the Brunswick end of Hoosick Street. Hell, even the Mayor goes to Brunswick to shop.

Land speculation is well and good but when will we hear that 500 private sector jobs are moving into the city, that our taxes are being cut by 7% and that young families are moving into the city? Parades and concerts are not a substitute for leadership.

WE DON'T NEED NO STINKING BADGES!

We wish City Hall would talk to us before they speak to the press. Especially when they're on unfamiliar terrain such as ethics.

From a great Talespin:

Getting information from City Hall is like pulling teeth. We requested, through the state Freedom of Information Act, the disclosure statements of all elected officials and department heads for last year and this year. They are supposed to be filed on an annual basis, and the Ethics Commission is supposed to review them to make sure the statements are actually filed. So, we requested a list of the members of the Ethics Committee as well as the minutes of their last three meetings. In response, 10 days later, we get a letter asking if we wanted copies of the statements or just wanted to review them.

Odd thing is, when we requested Councilman Bill Dunne's disclosure statement a few months back, we got a copy of his statement within days. The statements don't really say too much. They basically list other sources of income to make sure there are no conflicts of interest.

Ohh ... and they indicate where a person lives, and since the administration made such a stink over the residency of police officers, we thought it would be interesting to see where the people working in City Hall are living. As far as the Ethics Committee goes, it is not clear if there is one or whether it has held a meeting this calendar year. It isn't really a big deal,* but the mayor is still required to appoint an Ethics Committee and it is supposed to meet and weigh in on anything that may raise an ethical flag. We have to wonder how the committee feels about timeliness in responding to FOIL requests.

Franco is correct. The Charter mandates an Ethics Board (if you care about that kind of thing):

§ 43-16. Appointment of Ethics Board members; term of office.

A. Within 60 days after the effective date of this chapter, and no earlier than January 1 of each year thereafter, the Mayor shall appoint the members of the Ethics Board with the advise and consent of the City Council.

B. The term of office of Ethics Board members shall be three years and shall run from January 1 through December 31, except that of the members first appointed: one member shall serve until December 31 of the year in which the Ethics Board is established, two shall serve until the second December 31, and two shall serve until the third December 31.

C. An Ethics Board member shall serve until his or her successor has been appointed. Consecutive service on an Ethics Board shall not exceed two full terms.

Uhmm...'Shall appoint.' Not 'may appoint' but 'shall appoint.' Shall, as you all know, is a modal verb that represents simple futurity or necessity. But we're not telling the Mayor anything he doesn't already know. In fact, the Mayor did appoint an Ethics Board.







Surprise! You're on the Ethics Board! In case you didn't know.

And still on it since there's been no successors appointed. Of course, Tom Casey cannot really be on the Ethics Board as he is a political party officer but that's probably an issue for the Ethics Board. Perhaps they can discuss it at the next Ethics Board meeting...if there is a board....and if they meet....



*We believe it's a big deal, especially when one party controls the Executive and Legislative branches of government.

TRAGIC

Our sincere condolences to Ed's family and friends.

Here's Ed's bio over at the Rensselaer County site.

CITY HALL FOR SALE

We've always known City Hall was for sale, now it looks like a metaphor may become a reality.

Info, here, here, and here.

We reserve our opinion until more is known. Many of the articles refer to this as a "land swap." We don't know exactly what that means. There are also too many contingencies right now. More details are needed. For instance:

1) Will any evidence be destroyed when City Hall is razed?
2) Will Mirch have County workers walk to the new City Hall or will he still drive them?

Conroy calls the announcement an election year stunt. It could be. But, an election year stunt may still work and be a net positive. On the other hand, it wasn't too long ago that they were talking about a hotel.

If it works , however, the real positive will be that the private sector owns river front property, not the public sector (can we say jail?). The impact of a few new retail stores and a few new downtown residents however will be nil. Retail stores came and go. A few new residents living in apartments or condominiums will be a drop in the bucket compared to the families fleeing the city for the 'burbs.

NORTH GREENBUSH

The Democratic Caucus is over and the results....well, congratulations must go to Jack Casey and the GOP. Well done. It's well-played moves like this that make us enjoy Rensselaer County politics.

The Democrats have managed to turn their overwhelming '05 victory straight over to the Republicans.

While we're sure that many of the rank and file Reformed Democrats are sincere people, and sincere Democrats, we wonder if they heard the Conservatives and Republicans waiting outside the Caucus cheer and clap when the results were tallied.

We hope, however, that the stories from North Greenbush keep coming.

Congrats to the winners Wednesday night. If you lost, don't feel too bad. We have a feeling that a year from now you might be enjoying life a bit more than the winners.

NEW FACTS? PART-III

For the two or three that care, we offer another post on Jackson v Jimino.

See for this post and this one for background.

In order for a plaintiff to establish a First Amendment retaliation claim, the plaintiff must prove that:

(1) He engaged in constitutionally protected speech because he spoke as a citizen on a matter of public concern; Read More...


(2) He suffered an adverse employment action; and

(3) The speech was a 'motivating factor' in the adverse employment decision.

A plaintiff must also show that each defendant "was personally involved . . . in the alleged constitutional deprivations." If a plaintiff can establish the requisite burden, a defendant employer may still prevail by showing by a preponderance of the evidence that either "(1) the defendant would have taken the same adverse action against the plaintiff regardless of the plaintiff's speech; or (2) the plaintiff's expression was likely to disrupt the defendant's activities and that the harm caused by the disruption outweighs the value of the plaintiff's expression."

In a previous Motion for Summary Judgment, the issues of public concern, adverse employment action, causal connection, and Defendants' defenses had been addressed. The Honorable Gary L. Sharpe, United States District Judge, upon hearing oral argument from the parties, found that: 1) Plaintiff's speech qualifies as an issue of public concern; 2) the failure to reappoint Plaintiff based on protected speech constitutes an adverse employment action; 3) an issue of fact exists as to whether there was a causal connection between the protected First Amendment activity and adverse employment action; and 4) an issue of fact exists as to the reason Defendants did not reappoint Plaintiff.

The court then goes into a long discussion on whether or not Jackson was speaking in his official capacity (such that his First Amendment protections are curtailed) or as a private citizen. They decide that from 1995-1999, Jackson is acting in his official capacity. However, after that time period, things are different.

At the very end of December 1999 into the early months of the following year and so forth, certain events took place that cast doubt as to whether Plaintiff was still speaking pursuant to his official duties or whether his role transmuted to that of a private citizen speaking on a matter of public concern. On December 29, 1999, an article was published entitled "Clock ticking on tax bills" (TIMES UNION, Dec. 29, 1999). This article detailed the problems county and town officials were having in getting property tax bills prepared on time. Plaintiff was quoted as saying "it's going to take something of a 'Miracle on Seventh Avenue' to get everything done by year's end." Plaintiff attributed the delay to a number of factors, including switching to an outside contractor for computerized tax roll maintenance and bill preparation work. The article further noted that if the tax bills were not mailed on time, property owners would have less time to pay their bills before penalties would accrue.

On January 7, 2000, an article in the Troy Record was released which stated that "in an unprecedented error," Rensselaer County sent out their tax bills without including late penalties due to the County (JamieGilkey, Tax Bills Fail to Include Late Charges, THE TROY RECORD, Jan. 7, 2000.) The article stated that Zwack and his staff were investigating whether the Bureau of Tax Services or the private company hired to print the bills were responsible for the mistakes. The same day, the Times Union printed an article entitled "Halt reorganization, top tax official urges," which focused on Plaintiff and other town assessors asking the Rensselaer County Legislature to "scrap . . . the reorganization of the Real Property Tax Service," which they claimed in some form resulted in the delayed distribution of local tax bills ( Cathy Woodruff, Halt Reorganization, Top Tax Official Urges, TIMES UNION, Jan. 7, 2000.) The article referenced a memorandum sent to Swartz by Plaintiff in which Plaintiff noted the tax mappers were moved into BRIS and that the County was violating the Real Property Tax Law. The article further noted that Plaintiff referred to Zwack's plan "to trade tax services office space with . . . the county Personnel office . . . as inappropriate for his operation." Within the same article, Zwack attacked the "expertise" of county department heads in assessing where the tax mapping function and personnel should be located. Other assessors and Griffen weighed in on the subject as well. The same day these articles were published, on January 7, 2000, Plaintiff wrote a letter to Zwack notifying him that he became aware of the problems with the tax bills and that he was investigating the matter.

On January 8, 2000, the Times Union printed an article regarding "flawed" tax bills and, though there was no quote from Plaintiff, Zwack was quoted as saying that he believed the tax bill problems were the fault of Plaintiff "failing to accurately calculate the amount due on each bill. " (Cathy Woodruff, County Issues Flawed Tax Bills, TIMES UNION, Jan. 8, 2000.) Subsequently, on January 11, 2000, another article in the Troy Record stated the problems with the tax bills continued and Plaintiff was being blamed for the mistakes with the bills (Jamie D. Gilkey, Tax Blunder Mounts, THE TROY RECORD, Jan. 11, 2000.) The article cited to a confidential letter sent by Plaintiff to Zwack on January 7, 2000, regarding the change in procedures with BRIS.

Then on January 12, 2000, the Times Union printed an article regarding the previously inadequate tax bills that were sent out. (Cathy Woodruff, Delinquent Tax Re-Billing Approved, TIMES UNION, Jan. 12, 2000). The article discussed supplemental tax bills to be sent out to property owners and that Plaintiff told legislators he was in contact with the private company issuing the bills and would find out how quickly they could be printed. Citing to a memo written by Plaintiff, the article stated Plaintiff regretted that bills were not double checked to which Zwack was quoted in stating that all these problems were "clear evidence that Jackson is to blame for the error." A second article also appeared in the Times Union the same day wherein Zwack stated that because of the error on the tax bills, there would be no change in Local Law. No. 6. (Cathy Woodruff, Director Erred, Zwack Asserts, TIMES UNION, Jan. 12, 2000). Zwack again placed blame on Plaintiff stating that the mistakes on the tax bills were due to the failure of the Director. On January 17, 2000, a scathing editorial was published regarding Zwack's behavior as County Executive and how Zwack "characteristically blamed a career civil servant named Jeff Jackson" for problems occurring in the County. (Fred LeBrun, Editorial, Inspector Zwack's Cuban Caper, TIMES UNION, Jan. 17, 2000). Subsequently, on January 25, 2000, two articles were printed in the Times Union. (Cathy Woodruff, Towns Want Own Mapping System, TIMES UNION, Jan. 25, 2000 & Cathy Woodruff, Assessors Group Backs Tax Services Supervision, TIMES UNION, Jan. 25, 2000). The first article was from the assessors point of view regarding the computer network maintained by Rensselaer County, Towns Want Own Mapping System. Plaintiff responded to the assessors by stating "right now, we're trying to reassemble and repair something that we can feel good about again." He went on to state that he was not giving up on the network, but that the network was "only as good as the people who operate and maintain it." The second article pertained to the RCAA's endorsed proposal to return the tax mappers back to the office of Plaintiff and explained how the RCAA hoped the proposal would be approved by the County Legislature, Assessors Group Backs Tax Services Supervision. On the same day, January 25, 2000, Plaintiff wrote a letter to Chairman Swartz regarding some of the issues described within the articles, including the transfer of tax mappers, the legality of Local Law No. 6, computer problems at BRIS, and Plaintiff's reputation.

On January 26, 2000, an editorial was published in the Times Union regarding the RCAA's distress over the removal of the tax mappers from Plaintiff's office. (Cathy Woodruff, Editorial, Assessors Rate a Taxing Lesson in Politics of the County, TIMES UNION, Jan. 26, 2000). The editorial detailed how the assessors began "pleading publicly" for the return of the tax mappers to Plaintiff's office after Zwack blamed Plaintiff for the tax bill errors. One of the assessors stated in the editorial that he expressed to Plaintiff that Zwack "made him the target and Zwack doesn't understand that Plaintiff is expressing the assessors' concerns." Thereafter, on February 4, 2000, another newspaper printed an article stating that Republicans in the Rensselaer County Legislature were asking Zwack to return the tax mappers back to Plaintiff's office (Jamie D. Gilkey, Lawmakers Address Tax Issue, THE TROY RECORD, Feb. 4, 2000). The article described how Zwack has "publicly questioned whether Jackson was performing his duties properly when more than 3,000 erroneous tax bills were sent to property owners." It also noted that Zwack's administration had attempted to forward a resolution specifically holding Plaintiff's office responsible for the errors but that the measure was ultimately amended to "delete Jackson's name" before being approved by the Legislature.

Kathy Jimino became County Executive in May 2001. A short time later, Plaintiff sent two letters to Jimino on July 19 and August 21, 2001, touching upon issues previously discussed by the press, mainly the tax mapping functions as well as Plaintiff's qualifications for his position. Then, approximately three months past the date Plaintiff's term as Director expired, the Troy Record published an article stating that Plaintiff was not expected to be reappointed as Director (Jamie D. Gilkey, Jackson is Being Dropped as Head of the Department of Tax Services, THE TROY RECORD, Dec. 2001). However, Jimino was quoted as saying "we haven't decided on reappointment yet . . . and he still serves in that position until a decision is made on it." Notwithstanding, the article went on to describe the "public spat" between Plaintiff and former County Executive Zwack and the extensive press coverage relating to the battle over the tax mappers.

The court found:

Based upon a review of this record we are left with too many questions* and thus there is a presence of a material issue of fact: Was Jackson drawn into the public debate on the tax bills in his official capacity or as a knowledgeable private citizen? Was he contributing to the civic discourse on this major public concern for Rensselaer County outside the scope of his official obligations? When Jackson's competence and character was being publicly impugned by Zwack, didn't he have the right to defend himself as a private citizen and publicly at that? In some situations, as here especially after 1999, the delineation is not truly black or white. As so eloquently noted in Garcetti, "we . . . have no occasion to articulate a comprehensive framework for defining the scope of an employee's duties in cases where there is room for serious debate . . . and we reject . . . that employers can restrict employees' rights by creating excessively broad job descriptions."

The Defendant also argued Qualified Immunity.

Defendant Jimino asserts that whether or not a constitutional violation occurred, she would be entitled to qualified immunity. Qualified immunity will shield "government officials from liability for civil damages when their conduct does not violate 'clearly established statutory or constitutional rights of which a reasonable person would have known.'

On the issues present in this case, at the times the relevant acts were committed, it was clearly established that while "a governmental entity enjoys significantly greater latitude when it acts in its capacity as employer . . ., the First Amendment nonetheless prohibits it from punishing its employees in retaliation for the content of their speech on matters of public importance." An "employee's right to be free from such retaliation has been clearly established since at least 1968."

So, where are we? The County failed to prove they did not violate Mr. Jackson's First Amendment Rights, therefore a Jury can decide the issue. Only, a jury will not decide the issue because the County folded like a cheap tent.

The County moved to reargue but that was denied in April. Which, of course, must be Mirch's "updated facts." So, there were no updated facts, only a Hail Mary that failed. So, in order to avoid having Jimino and Zwack placed under oath, the County settled the matter.

* We know what you mean

THE CAUCUS

The North Greenbush Caucus is tonight and the Troy Polloi will be blogging live from the Elks Club.

No, not really. We just thought that, but for us, you'd never see the words 'blogging' and 'Elks Club' in the same sentence.

The Spanish Democrats are looking to nominate:

Mark Evers - Supervisor

Lou Desso - Council

Al Spain - Council

Katie Connolly - Clerk

Mike Carey - Highway Superintendent

Kyran Devery - Receiver of Taxes



The Unreformed Democrats appear poised to nominate:

Joshua Sabo - Supervisor

Bryan Dwyer - Council

Josephine Ashworth - Council

Jan Liberty - Clerk

Mark Premo - Highway Superintendent

Dennis Bonesteel - Receiver of Taxes


Moderate drama, to say the least. We'll know the outcome in approxiamtely 14 hours.


'F'

Rensselaer County, home of the most powerful Republican in New York State, is GOP territory. Troy, the largest city in the county is GOP controlled. What does that get us on the Economic Growth Report Card?

According to the conservative Business Council, Rensselaer County gets an F in economic growth.

That's an F in jobs, average wage per job, total personal income, per capita personal income and population. The Report Card for all counties can be found here.

We did get a D+ in sharing with others and a D- in reading comprehension.

Keep up the good work.

MISC.

From our old friend, POLITICUS EBONUS ABYSSUS:

There have been a number of accusations on this blog and in the press that Mayor Tutunjian has been playing fast and loose with existing City laws and ordinances by either failing to enforce them altogether or misusing them to punish and penalize rivals or the vocal opposition. From refusing to follow bidding requirements to issuing code violations where there were none, King Tut has ultimately made a mockery of his duty as the Chief Executive Office of the City of Troy and of the City.

King Tut and his campaign for re-election have gone one step further by violating existing City ordinances. Rather than going out to local events himself, the mayor has been sending surrogates in his place and has been parking a campaign car at a number of these events. One such event is Saturday’s Farmer’s Market where King Tut’s re-election car is continually illegally parked week in and week out. A concerned citizen saw this supposed violation of law and sent me this picture.

As you can see, nearly one-half of the car is in the crosswalk.

To be fair, let’s explore which ordinances were actually violated. Consequently, I dove deep into the abysses of local and state laws. While I am not a lawyer, I did stay at a Holiday Express last night. Therefore, I felt qualified to take this trek.

City code, Chapter 270-26.C (8) indicates the fine for parking in a crosswalk is $35. It does not, however, define the offense. Title 7, Article 32, Section 1202 (a) 1. d. of the New York State Vehicle and Traffic Laws indicates that “no person shall stop, stand, or park a vehicle on a crosswalk.” Again, I could find no specific definition of what parking on the crosswalk entailed. I went a step further and talked to both citizens and local police. Several citizens have indicated they received tickets for having only a part of their vehicle parked in the crosswalk and police indicated they have issued tickets for vehicles parked partially in crosswalks. Ultimately common sense must prevail and, I believe as should others, that the vehicle was illegally parked.
While King Tut believes he has divine rule and is above the law, ultimately he is only a representative of the people who elected him. And part of his job is enforcing the laws of the City, not ignoring or violating them. Harry, prove that you have character and enforce and follow the law, not subjugate it depending on a political whim.

Thanks, Mr. Abyssus. We can't believe someone mounted graffiti on that car. What a shame.

RACE FOR MAYOR

Finally, a mayoral candidate we can fully support.

NORTH GREENBUSH

According to The Pipeline, the Democrats have called a caucus. The gathering is scheduled for Wednesday, September 5, 2007 at 7:00PM at the Elks Lodge on Route 4 in North Greenbush. So bring your antlers.

Any registered North Greenbush Democrat may cauc, but if you choose to do so you have to clean-up after yourself.

DON'T TOUCH BOBBY'S POLE!

According to Wednesday's Record (J. Franco, p. 4), DPW Commissioner Bob Mirch had a run-in with Beverly Khan, owner of Fourth Street Food Center Convenient Store (located on Fourth Street).

Ms. Kahn placed signs (or graffiti?) on a light pole. Well, Bobby doesn't want anything dangling from his pole.

Placing signs on city owned light poles is a code violation (unlike using taxpayer funded flyers to advertise for GOP events). Khan was previously warned about this infraction. According to Khan, public servant Mirch ripped down her signs. The police were called by both parties.

In order to cure Ms. Khan, Mirch then "layed hands" on her, spoke in tongues, handled a few snakes and the dispute was settled. Said Khan:

"He ripped down my signs and then grabbed me real tight by the arm and told me to get in the store and shut my mouth or there will be problems...Bob Mirch is a very angry person."

According to Mirch: "She is a liar." Mirch says she also called him "the devil." Reached by phone, Satan categorically denied being Bob Mirch: "I'd never live in Troy. Crime and taxes are just too high.

Funny, how many "liars" have run-ins with Bob.

Mirch and his pole are said to be in good condition and resting comfortably.

We'll be closed for the long weekend. Be safe.

TAX DOLLARS AT WORK

In a recent e-mail kerfuffle, Council William Dunne questioned Mayor Harry about a GOP 'Meet the Candidates' night concert at Powers Park. Although framed in election-time language, it's a legitimate inquiry.

Mayor Harry's response fairly bristles with election-time language. The Mayor alos points out...

The event in the park tonight is not being paid for by the residents of Troy, nor is it a part of the Powers Park Concert Series, which officially ended last Saturday. You may have known that had you taken the time to attend any of the shows. The concert in the park tonight is being fully-funded by the City of Troy GOP committee- including the band, the facilities, and any other costs associated with it. Today I spoke to Chairman Casey to confirm that this was indeed the case, and he assured me further that the City GOP Committee obtained a permit several months ago to use Powers Park this evening.

Fair enough, we suppose. A night with political candidates sounds as inviting as a visit to a proctologist that's run out of vasoline, but to each his own.

According to the city charter, the following must also be done:

§ 2-14. Permission for use of City property.

The Mayor is authorized to enter into agreements with any charitable or not-for-profit organization permitting noncommercial use of City property for purposes and events that will promote the public good and welfare. Such agreement shall be for periods of use not to exceed five days and in substantially the form of an agreement on file with the offices of the Corporation Counsel of the City. Such organization shall carry a public liability, bodily injury and property damage insurance policy, covering the property to be used, and shall keep and hold harmless the City, its agents and employees for any and all claims, damages and liability of any kind whatsoever relative to or arising for or out of the use of the property. The liability policy and limits of liability shall be as approved by the Corporation Counsel of the City but in no event less than $500,000 for each person; $1,000,000 for each accident for personal injuries; and $20,000 for each accident for property damage. A certificate of insurance coverage shall be submitted to the Corporation Counsel before any use of such property, and the certificate shall include the City as additional named insured.

Tutunjian has promised to supply Dunne with all the necessary paperwork. And we all know what a Tutunjian promise is worth.

The City GOP paid Troy $200 on May 10 for the fundraiser. Does that include payment for any police assigned to the concert? EMS services? Clean-up? There's no payment disclosed for any insurance policy to protect the City. Was the appropriate insurance coverage acquired by the GOP?

A municipality certainly may not deny a permit to a political party based on what that party stands for. That would violate the First Amendment. What the City is not allowed to do is promote a political gathering with city money. (click on thumbnail)

This is quite disturbing. Who the hell is Cranberry the Clown?


The taxpayer-funded advertisement states:


So, it's funded, in part by the City? But it's not? It does appear to be part of The Collar City Live concerts and taxpayer dollars were spent on the advertisement. Care to explain, Harry? On second thought, save it. One can only stand so much B******T, even during election season.

SCREWED THE POOCH

It's difficult to determine whether the city administration is merely ignorant or if they have made a determination that the law does not apply to them. There's always the third choice, we guess, where the two overlap.

Troy has a contract with the Humane Society. The city pays the shelter $275 for each dog sent to the shelter via Animal Control (aka Doggie Po-Po, Animal Controlo).

To redeem an animal, a citizen pays the City clerk the appropriate amount, receives a receipt, and then takes their pup home. That's the way it works in most municipalities.

Last Thursday the full Council met to discuss legislation that would clarify what a person owed the city if their doggie was impounded. The City wants to (and since April does) charge each person $325. The proposition was voted down and it will not leave the Finance Committee.

Meanwhile the Clerks Office is charging a flat, $325 fee for doggie redemption. The City says it will continue to charge $325. Jeff Buell went on to say the legislation only clarified ambiguities in the City Charter so the practice will continue:

"The charter does not say we can and does not say we can't so the policy remains in effect." -Jeff Buell, The Record, 8/25/08, p. 6.

This time the administration has a valid point. The doggie ordinance is ambiguous. The existing law is quite confusing, especially if you're a first-time offender.

E. Redemption; fees.
Any dog seized for any violation of this chapter or Article 7 of the Agriculture and Markets Law may be redeemed by the owner at the place of impoundment within seven days for licensed dogs and five for unlicensed dogs by producing a valid license and paying the required redemption fee. Redemption fees are $50 for the first impoundment of any dog owned by that person; $75 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the second impoundment within one year of the first impoundment of any dog owned by that person; or $100 for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundment within one year of the first impoundment of any dog owned by that person. [Amended 5-3-2001 by Ord. No. 7]

First, "$50 for the first impoundment of any dog...." Is that $50 US dollars? Canadian? New Zealand Dollars? And what dog? Any dog? Or a particular dog? We simply do not know under the existing, ambiguous, Code.

Next, what exactly does it mean to redeem a dog? Redemption has many meanings:

1) To recover ownership by paying a sum
2) To set free, rescue or ransom
3) To save from sin and it's consequences
4) To restore one's reputation, honor or dignity

The Code cannot mean #1 because $50 is not $325. What about #2? To set free? Probably not because that's how the dog got in trouble in the first place.

How about #3 or #4? Saving your dog from sin or restoring it's reputation, honor or dignity? For a mere $50? That's quite a bargain.

The Code sets forth the amount it costs citizens to redeem their pooch. There are no ambiguities. The city wants to charge people the cost to the city as well as the fine set forth in the law. That's fine. Personally, we could care less. Change the law. They tried to change the law. They failed. Now they will simply ignore the law.

Once again, Tutunjian proves incapable of performing the fundamental duty of his office: enforcing the law. A duty so fundamental that it is the first mayoral duty listed in the City Charter.

GOOD BYE, JOE

Our condolences to Joe's friends and family. Troy lost a good man and a good friend on Friday.

Ar dheis Dé go raibh a anam.

NEW FACTS? PART-II

For background, see this post.

Beginning in 1996, Jeffry Jackson, and others, sent a series of memoranda to County Executive Henry Zwack. For instance: Read More...

On February 14, 1996, Plaintiff sent a memorandum to County Attorney Smith complaining that Local Law No. 6 changed N.Y. REAL PROP. TAX LAW § 1532 in that it caused three tax map technicians to be transferred from his office and further requesting Attorney Smith's opinion on the changes since he believed they were inconsistent with the duties of his office under the New York Real Property Tax Law.

On August 27, 1996, Plaintiff wrote a letter to the New York State Office of Real Property Services ("ORPS"). This letter made reference to, and Plaintiff enclosed a copy of, the county law and resolution as well as his memorandum to the county attorney. Within this letter, Plaintiff stated that though some duties performed by the tax map technicians remained the same, certain service related functions were no longer being used and, furthermore, there was a "potential to severely restrict tax map and assessment file maintenance.

On January 25, 1999, Plaintiff sent a memorandum to former-County Executive Henry Zwack detailing the duties of Plaintiff's office and asking those duties that were transferred be reinstated as required by the New York Real Property Tax Law. On November 23 and 24, 1999, Plaintiff sent two memoranda to County Executive Zwack expressing that, in his opinion, certain letters from assessors addressed the essence of Rensselaer County violating Article 15 of the New York State Property Tax Law and the only resolution to the problem was to restore the tax map positions to Plaintiff's departmental budget.

On or about February 12, 1999, Plaintiff sent a letter to Zwack expressing discontent that personnel changes put the Bureau of Tax Services "in an untenable position." As a result of Plaintiff's evocation of his concerns, the objections to the transfer of the tax mapping functions and personnel changes became points of contention between Plaintiff and Zwack. During this conflict and addressing Zwack's attacks on his job performance, Plaintiff sent a letter to Zwack defending the performance of his duties.

Tax bills for the year 2000 were issued by an outside contractor and Plaintiff advised County Executive Zwack of problems that may result because of inadequate computer resources. Plaintiff asserts that the transfer of tax mapping duties contributed to difficulties encountered in the issuance of the tax bills for the year 2000. Beginning in December 1999, the press got wind of the fact that trouble was brewing with the tax bills from Rensselaer County, namely that they failed to include penalties incurred by property owners. Thus, from late December 1999 into 2000 and beyond, a plethora of articles were published by the press. These articles not only discussed the numerous problems associated with the late tax bills and penalties owed to the County, but within some of these articles Zwack began to personally attack Plaintiff for these problems. In addition, several assessors' associates began expressing their views as to the situation regarding the tax bills as well as their opinion of Zwack's attack on Plaintiff. The articles further described Plaintiff's problem with the transfer of tax mappers and the tax mapping function that came as a result of Local Law No. 6 as well as other issues relating to Plaintiff's position.

While these articles were being published, Plaintiff sent several more letters and/or memoranda to Zwack and others regarding the tax bill issue, his personal reputation, and other related issues. Among Plaintiff's many correspondences were letters sent to the County Legislature trying to get them to return the tax mapping function to his office. Subsequently, and while articles were still being published and Plaintiff was still writing letters/memoranda, in May 2001 Zwack resigned as County Executive. Upon the resignation in May 2001, Kathy Jimino became the County Executive. During this transition, Plaintiff remained the Director of Tax Services though his term was set to expire on the last day in September 2001. However, because certain events limited Jimino's time to make a decision on Plaintiff's reappointment, Plaintiff stayed on as "interim" Director until March 1, 2002, when the decision was finally made not to reappoint Plaintiff.

Legal to English translation: Jackson told Zwack and others that Local Law 6 may become a big crap sandwich for the County.

Remember, Jackson is an appointee, not an employee. If an employee rights a letter or publishes a blog critical of a public official or a policy and is fired for that expression, there's a strong First Amendment case. That employee has been punished for speech. Here, we have something different. Something that strengthens the County's hand. Typically, appointees have no particular right to an appointment and certainly no right to re-appointment. That fact has to help the County. Right?

For a 1983 claim such as the one brought by Jackson, adverse employment action must be taken against the one exercising speech. Here, the failure to re-appoint Jackson is the adverse action. But, Jackson and Zwack were the ones involved in what became a public spat. Zwack resigned and therefore was not in a position to take any adverse action. Zwack was dropped from this suit, leaving Jimino holding the crap sandwich.

Of course, all this happened before 2003. We haven't found any updated facts. Let us know if you've spotted the updated facts.

In the third post, we'll tell you what the court did when the defendant's moved to dismiss the case.

WOULD THEY STILL BE DEMOCRATS

According to sources close to the Troy Polloi (not to mention two anonymous e-mails), the Democratic County Committee re-passed the revised County Party Bylaws.

We hear the vote was 130 or thereabouts to 15 or 20.

Schodack Committee person (and/or Schodack Town Chair) Tim Nugent lead the opposition along with North Greenbush Chair Jeff Spain.

Looks like Spain's lawsuit was moot, except for making the Dems re-do the meeting.

If the first meeting was invalid (and a judge ruled that it was) then Spain had every right to bring suit. Procedures should be followed and they exist for a reason.

Conversely, it would be nice to see the North Greenbush Democrats re-direct some of that energy into going after the GOP rather than each other.

Then again, if they did that would they still be Democrats?

All in all, we prefer the chaos of the Democrats to the eerie, Teutonic, lock-step discipline of the
Republicans.


NEW PARTY

What do you get a town that has everything? Why, another political party.

We like the Greenbush Party. It sounds....nice. Like they do a lot of gardening or something.

NEW FACTS? PART-I

Last week we questioned the Jackson v Jimino settlement. According to County Legislator Mirch, the settlement was based on "up-dated facts."

At first blush, the story seemed relatively straight forward.... for Rensselaer County. Still, there remain unanswered questions. Why settle for $180,000 in August of '07 when you could have settled for $110,000 less than a year ago? What were the 'up-dated' facts? How were they 'up-dated'? Was it some new computer program? And why was Reverend Jackson suing the Rensselaer County Executive?

Since our government will not explain their change of heart, or what this was all about, we did some digging for those that may be interested. First, a little background.

Plaintiff Jeffry Jackson brought a civil action pursuant to 42 U.S.C. § 1983, alleging that his First Amendment right to free speech was violated when Defendants failed to reappoint him as the Director of the Bureau of Real Property Tax Services in retaliation for speaking out about Rensselaer County Local Law No. 6.* Jackson also alleged that Defendant Rensselaer County was liable for actions taken by Jimino, as a final policymaker, for failing to reappoint him as retaliation for exercising his First Amendment right.

Plaintiff, a Rensselaer County employee for twenty-six (26) years, worked as the County Director of Real Property Tax Services for approximately ten (10) years. Compl. at P 1; Pl.'s Dep., dated July 27, 2004, at p. 6, lines 16-24, p. 9, lines 15-24, & p. 10, lines 1-13. As Director, Plaintiff was an "independent officer reporting directly to the county legislative body.Defs.' 7.1 Statement at P 5; Pursuant to N.Y. REAL PROP. TAX LAW § 1532, the Director's duties include preparing and maintaining tax maps as well as providing copies of the maps in accordance with N.Y. REAL PROP. TAX LAW § 503. Defs.' 7.1 Statement at P 6. Under N.Y. REAL PROP. TAX LAW § 503, the original tax maps are to be filed in the Director's office. Defs.' 7.1 Statement at P 7; In conjunction with other duties, the Director provides advisory services to city and town assessors. Defs.' 7.1 Statement at P 8; Pl.'s 7.1 Statement at P 8.

Plaintiff states that when he became the Director of Real Property Tax Services, he took an oath to uphold the Constitution and laws of the State of New York, including those which involved the proper performance of his duties under the Real Property Tax Law. Defs.' 7.1 Statement at P 15; Pl.'s 7.1 Statement at P 15. During his service in this position, Plaintiff spoke out as to his concern over the legality of Rensselaer County Local Law No. 6, which transferred tax mapping services from his department to the County's Bureau of Research and Information Services ("BRIS").** Defs.' 7.1 Statement at PP 9 & 16; Pl.'s 7.1 Statement at PP 9 & 16. In his objection to the transfer, Plaintiff communicated at work and publicly from 1996 until 2002 through letters and memoranda about this issue and the potential effects on the administration of real property tax within Rensselaer County. Defs.' 7.1 Statement at PP 10; 17; Pl.'s 7.1 Statement at PP 10 & 17. Plaintiff asserted that the transfer of mapping services "made it difficult for the Bureau of Tax Services] to perform an essential element of its service function to assessors, severely hampered the administration of the local property tax throughout Rensselaer County, and made it difficult for the Bureau of Tax Services to supply tax maps to assessors and otherwise to perform its duties in a timely manner." Defs.' 7.1 Statement at P 11; Pl.'s 7.1 Statement at P 11.

Those facts come directly from court papers.*** We'll cease using citations because it makes reading really annoying.

For now, let us sum-up.

Jeffry Jackson, a County appointee, believed that Local Law 6 was illegal and that transferring services from his bureau to another would screw up property tax assessments. And he said so.

That's the general set-up.

*Local Law 6 can be found in Rensselaer County Local Laws, preceding Local Law 7.

**We had no idea the County performed Bris services. Rachmana Litzlon!

*** See, Court Papers at Ibid.

BYLAWS

It's the eve of the County Committee meeting and we can hardly sleep. By tomorrow we'll know if the Democratic County Party Bylaws will be revised, galvanized and/or circumcised. The revised Bylaws passed overwhelmingly in June but Dems will gather again tomorrow night to vote and perhaps render a suit brought by North Greenbush Town Chair Jeff Spain moot.

In a recent letter, Spain argues that the revisions should not pass:

Rensselaer County Legislator Kevin Harrington responded to Spain's letter three days later:

- Contrary to Spain's assertion, the language of the proposed bylaws permits the County, Town or City Chairs to simply nominate a candidate for a vacancy in the County Committee. It is you, the Committee Members who decide these vacancies voting when they occur, not the County, City or Town Chairs.

- The County Chair is given NO power to over-rule anyone by this change. Committee members vote and decide.

- Spain is supporting Republican endorsed candidates. The County GOP has endorsed two of his candidates for town board and highway superintendent.

- You, the Members of the County Committee VOTED to appoint Charlie Smith, and Dan Ashley and myself to the County Committee. The County Chairman has no power to appoint anyone to the County Committee. Only you the membership have that power.

- Chairman Wade endorsed North Greenbush Highway Superintendent Mark Premo who has run twice with the unanimous support of the Democratic Party and is the largest vote getter in North Greenbush. He does not need Jeff Spain's blessing and would never endorse the Republican nominee as Spain is doing. Spain is attempting to purge anyone who will not obey his directives, including Mark Premo who has been highly supportive of our party. Chairman Wade's endorsement of Mark Premo was well deserved as will be affirmed at the Democratic Caucus which will rally behind him. Contrary to Spain's assertion, there is NO DA investigation of ANY member of this committee.

The lines are drawn.

An actual peek at the vacancy provision is anti-climatic:

SECTION 5 FILLING OF VACANCIES

(a) In the case of the death (including but not limited to dismemberment,decapitation and mauling by the county's rabid kitten population), declination, disqualification, resignation, removal from office of a member of the County Committee, or a failure to elect a member from an Election District, the vacancy caused thereby may be filled by the Members of the County Committee by the election of an enrolled voter of the Democratic Party qualified to hold such position and recommended by his or her County, City or Town Chairperson.

However, there is no truth to the rumor that in cases of vacancies caused by death the County Chair must sign the Death Certificate.

Of course, this nonsense distracts the Democrats from slightly more important issues: Issues the voters might even care about.

NEW CAMPAIGN STRATEGERY

Mayor Tutunjian has unveiled a new strategy for his re-election campaign. We'll let him tell you in his own words:

Getting out and talking to himself? We know where this is headed.



"Hey! I'm talking to me! My door is always open to me. Feel free to come to me with any of my concerns!"

AND IF CYANIDE CAPSULES HADN'T BEEN INVENTED ALREADY


They'd need to be.

According to the TU blog, and today's Record, Mayoral candidate Jim Conroy has challenged incumbent Mayor, Harry Tutunjian to three (3) debates: A Debate, a Re-Bate and a Master-Bate.

Tutunjian, who has already scheduled three debates with himself, has not yet accepted the challenge.

Doesn't Conroy's proposal violate some provision of the Geneva Convention?

PETITION WARS

One front in the Great Petition War of '07 has closed. The attempt by Smith/Ashley/Premo to gain access to the Conservative and Independence lines is finished. Instead of relying upon the sometimes suspect interpretation of others, we thought we'd post the relevant part of the decision by Judge Richard M. Platkin, a Court of Claims judge and the fact-finder in these cases. The following are pages 9-15 of the decision in Wos v Ashworth. Sorry for the small print. Read More...

The decision in Rich v Bloodgood (Independence line) was substantially similar, touching most, if not all of the same legal points.

Charles C.B. Smith admitted to being the unofficial coordinator of these efforts. Unfortunately, for Premo, the fact that he (Premo), a candidate, was involved in the actually petition drive, cost him the Conservative line. Under the law, if Premo had not been actively involved in gathering signatures, he would have had enough signatures to primary for the Conservative line. Because of Premo's active involvement, all signatures were thrown out, even the good ones.

This was an ill-conceived and ill-executed effort. The basic premise was fine. There's nothing wrong with trying to hamper party bosses in their effort to run one slate of candidates. Voters deserve a choice. However, Premo should have not taken part in the petition signing process and, indeed, should have had a seperate petition from the other 'candidates.'

It's our prediction that Premo will secure the Democrat line at the upcoming caucus.

There's also news on the GOP front in the NG Petition Wars but this post is long enough. More on that later.

No word yet on the Free-Soil Party petitions, although Buchanan probably has enough valid signatures.

DO-OVER SCHEDULED

Rensselaer County Chairman Tom Wade has invoked Rule 11.2 of the Party Bylaws, scheduling an official 'Do-Over' on Tuesday, August 21 2007 at Germania Hall.

The Committee will once again vote on revisions to the Bylaws. The most controversial provision revision would allow the County Chair to call a town caucus if the town chair refuses to do so.

The revised bylaws were originally passed in June but North Greenbush Chair, Jeff Spain brought a suit alleging that the vote approving the revised bylaws was improper. Apparently, Wade called for a voice vote instead of the One Potato-Two Potato method.

The whole point of this entirely pointless lawsuit was to ensure that no North Greenbush caucus was called. Why? That's up to you. If Spain had the votes for his slate of candidates why wouldn't he call a caucus? It now looks like a caucus will be held and if DeFreestville turns out, it could be interesting.

Other changes included in the revised bylaws:

The chair of the City of Troy Committee will henceforth be known as Formaggio Grande;

RE-TAKING THE NIGHT

Less than a week after the citizens of Troy took back the night:

Six Saratoga County teenagers were arrested after a weekend vandalism spree that rolled across the city, Watervliet, Waterford and other parts of southern Saratoga County, Troy police said this morning.

More than 20 vehicles were damaged in Troy and the other communities that were targeted over the weekend in what police described as an "alcohol-fueled rampage." Other police agencies are assessing damage in their jurisdictions.

Saratoga County must be so proud.

JACKSON SETTLEMENT QUESTIONED

County Democrats want to know what's up with the Jackson settlement? Typically, the GOP is mum.

Jimino's office has said she would not comment until the legislature votes on the settlement. It could do so at tonight's meeting.

Vote first and then you'll get the facts? Speaking theoretically, how can the Legislature decide whether to approve the settlement unless they know what "new evidence" warrants the abrupt, expensive turn-around?

Jimino is beginning to sound like Tutunjian, who never comments on pending legal matters....unless he comments on pending legal matters.

Local government reminds us of Central American governments, only without the ethics. And we sweat less. And we dress better.

FREEDOM ISN'T FREE...

and neither are First Amendment violations.

Rensselaer County settled a lawsuit with former appointee Jeff Jackson. The price tag: $180,000.

TROY - Rather than risk a trial, Rensselaer County decided to settle a $1.85 million federal lawsuit filed by a former longtime employee who claimed he was not re-appointed because he publicly bashed policy changes made by his then boss County Executive Henry Zwack.Jeffry Jackson's trial was set to start Monday in front of U.S. Magistrate Randolph Treece but all sides agreed to settle for $180,000. The county will cough up $125,000 while the insurance company will pick up the balance. The Legislature is expected to approve the deal at a future meeting.

The reason for the settlement:

"We were presented with the updated facts and the decision we made was in the best interest of the county," said the Legislature's Majority Leader Bob Mirch. "If this were to go to trial, the loss to the county could be substantial because you never know what a jury would do." - 8/11/07

Alls well that ends well.

Except, we just have a few, teeny, tiny questions. We're not naive enough to expect answers, not like in a Democracy, but we thought we ask anyway.

According to Franco's article, it sounds like a First Amendment case.* Those are tough enough to win when the Plaintiff is an employee (employee has a blog that criticizes public sector boss, boss fires employee for blog content....slam dunk) but an appointee? An appointee, in this case, serves a term and is either reappointed or deappointed. The County does not need a reason for not reappointing someone. So, what exactly happened with this appointee that he received $180,000 in a settlement? If his First Amendment Rights were not violated, why the payout? If they were violated, who did it and why?

Mirch cites "new facts" that justify the settlement. New facts on the eve of trial? Who's in charge of the defense and what new facts were uncovered at the 11th hour? Why do we doubt that any "new facts" were brought to light? Because it's Federal Court, where Discovery is about as open-ended as you can get. There's no sandbagging in Federal Court. All the facts and evidence are out there well prior to trial.

Less than one year ago the County Attorney advised the County to settle for $110,000.** The County would have paid $65,000 with the remaining $45,000 coming from the insurance carrier. That settlement proposal never made it to a vote. It went down in the Rules Committee. Who was responsible for not accepting the settlement: Mirch, Kelleher and Walsh. Only O'Brien voted to approve the deal.

Noted Mirch:

"Logic dictates we don't pay him $110,000 for something we don't believe," Mirch said. He said Jackson was not fired, he served at the pleasure of the sitting county executive and simply "wasn't reappointed. He's not entitled to anything." 9/10/06

Now, we pay $125,000 with the remaining $75,000 coming from insurance. We're not Rensselaer County Legislators but it look like the '06 deal may have been better. Perhaps the County should have retained Victory Lane for consulting services on this deal.

First Amendment violations: $185,000;

Rules Committee: $60,000;

Rensselaer County Government: Priceless.

New evidence? How about this:

Lawyer: "If we don't settle, Jimino and Zwack take the stand next week."

Client: "Quick, get me the new evidence file."

Guys, if you're going to have an attorney, you may as well listen to him. And while you're at it, show the United States Constitution some respect.


*The United States Supreme Court has ruled that the First Amendment is applicable to almost all parts of Rensselaer County

**Independent accounting services indicate that $110,000 is actually less than $180,000

COUNCILWOMAN'S GAFFE

Note: Posting may remain light for the remainder of the summer. Nothing much is going on right now except for the petition issues out in North Greenbush. That issue is being covered heavily by a number of other blogs. We may chime in soon but frankly, it gives us headaches.

Councilwoman Carolin Collier sounds like a real rookie.

According to The Record, contract negotiations between the City and the Troy PBA remain snagged over the residency issue. Under a 1995 City law, members of the Troy Police Department must live within Troy City limits.

However, residency was part of the negotiations that took place between the City and the PBA at an August 3 meeting. Collier had this to say:

"I'm surprised that it would be part of the negotiations after the Council met and the majority said they would not touch the law but leave it the way it is." - Carolin Collier, The Record, August 9, 2007.

The law, Carolin? What's all this talk about the law? You're in Troy! In Rensselaer County? The law?

Collier's absolutely correct. As much as we are opposed to residency requirements, contracts that violate the law are void, or at the very least, voidable. The residency law needs to be addressed before that topic can be incorporated into any contract.

At a rough guess, we'd say at least 60% of the voting public favors residency requirements. Maybe more. Either way, residency appears popular and it's unlikely that the Council would rescind the law, especially in an election year. But, we're talking about Troy.

The law? That's funny.

JOHN BROWN - PRESS RELEASE*

CITY COUNCIL CANDIDATE JOHN BROWN PROPOSES FORMATION OF TASK FORCE TO REDEVELOP HISTORIC PROCTORS THEATRE

Troy, New York (August 7, 2007)- John Brown, Democratic candidate for City Council-at-large, today proposed the City of Troy formulate a task force to explore development possibilities for the historic Proctors Theatre. Opened in 1914, Proctors was last operated in 1977.
Brown stated, “this majestic theatre closed its doors decades ago and since that time the structure has been deteriorating. We need to act. By saving this building we can breathe life back into this block of our downtown.”

Brown proposes the task force be comprised of citizens and experts and represent the city’s stakeholders. He pledged if elected he would introduce legislation to create the committee. The city council candidate stressed it should not be a partisan issue.

“This is about economic development and having a vision and a plan for the City of Troy. This task force should reflect the interests of our business community, our university partners and our City government.”, Brown continued.

One idea Brown said could be considered would be reopening Proctors as a theatre to be the permanent home of the New York State Theatre Institute (NYSTI). NYSTI was previously housed at the Egg in Albany and now performs at Russell Sage College.

Question for those in the know: Are the Friends of Proctor's Theater defunct since RPI now owns the building? Is the interior of the theater salvageable or is it a mere shell?


*All candidates are welcome to forward their press releases for publication

SO FAR, SO GOOD

Two men have been indicted for the January 2002 murders of Arica Schneider and Samuel Holley.

Bryan Berry and Terrence Battiste -- first identified as the suspected killers in a Times Union story in December 2005 -- are accused of killing Arica Lynn Schneider, 18, and Samuel ``Frost'' Holley, 27, in their Brunswick Road apartment in January 2002, according to an indictment unsealed today in Rensselaer County Court.

Berry and Battiste were pressured last year to admit to the murders or face the prospect of serving decades behind bars for a series of stick-ups, sources have told the Times Union. Both men are serving time in federal prison for unrelated crimes. The FBI has said they were part of a violent Troy-based crew called the reputed "Stick Men" that robbed drug dealers at gunpoint, at times pistol-whipping them.

This sounds like it could be a tough case to prove. By all accounts there is a paucity of direct evidence against the two men.

We'd like to thank the TPD for their work on this difficult case far. Special praise should go to John Riegert. His dogged determination and efforts were crucial in the success achieved so far.

Berry and Battiste may be innocent and should certainly be considered innocent until a jury determines their fate. That doesn't diminish the fact that the Troy Police Department refused to abandon a five year-old crime and two victims.

PEACE OFFERING

As we've done in the past, the Troy Polloi cordially invites all candidates to submit posts (as many as they want*) during the course of the campaign. If the posts are issue-oriented and stay clear of personal attacks,** they will be posted in full. Comments to those posts must also be issue-oriented and refrain from nasty, personal attacks, unless they're really, really good attacks. No one actually takes us up on these offers but we'll continue to make them.

We also offer*** similar services to the people of North Greenbush. This offer is open to anyone, be they ever so humble, who wants to set forth their views on the current state of North Greenbush politics. Here's your chance to be heard in a forum that has no stake in the outcome of anything in North Greenbush.

Let us come together and heal the hurt.

NEW BYLAWS VOTE

According to today's Record, County Chair Tom Wade will call a meeting of the County Committee to re-pass the re-vised bylaws. The initial passage of the revisions may have run afoul of the ten day notice requirement because amendments to the revisions were adopted at the meeting from the floor. Meaning, before the vote, committee members had approximately 25 seconds of notice for the actual revisions ultimately adopted.

In short, due to a procedural error, it's a 'Do-Over.' There's little question that the revisions will pass, with one caveat. Wade needs a quorum**** at the meeting so the vote can proceed.

* But no more than three.

** Fair criticism of an opponent's public record or statements does not constitute a personal attack.

***Offer not valid in HI, KY, CT and ME.

****A quorum, for Wade's purposes, is more than a liter but less than a hectare of the Democrat Committee.