TAXELAER COUNTY

MY NAME'S BOB AND I'M A TAXAHOLIC

The County GOP never seems to stop giving. They gave themselves pay hikes last year and now we can expect them to give us a nice tax hike. Not just a tax hike, a 25% tax hike. That's like what....adding almost a quarter to our tax burden. Thanks, small government, conservatives. Much appreciated.

This explains the tidy little sum they voted themselves last year. How can our legislators expect to pay their taxes in RensCo without a pay raise?

We'll have more on this outrage later. In the meantime, lets down some bran muffins and have a good Bob Mirch (hereinafter BM).

BM had this to say:

According to Robert Mirch, a Conservative who serves as majority leader for the Republicans, it's time for drastic changes, including the elimination of Sheriff's Department road patrols and the county Health Department, privatization of the Van Rensselaer Manor nursing home and, as a last resort, the elimination of county government altogether with the exception of the county jail."

My opinion is, county government cannot continue as we have for years and years and years," Mirch said. "The taxpayers can't take any more, they just can't."

Gee...Bob...where you been for the past thirteen years? What, waiting for a leadership position before you can get something done? Too busy with your other public payroll jobs? Too busy counting your pay hike from last year? Too busy taking over the WFP? At least you've finally admitted your failure as a legislative leader. That's the first step.

Friends and family of the county need to set up an intervention. We care about you, Rensselaer County. We hate to see you spiraling out of control.

TRISH

Ugh....we almost didn't bother. She just looks and sounds so whipped lately. Yes, even the New York State Court of Appeals has called Trish's behavior "deplorable."

THANK YOU

A sincere thank you goes out to The Record. Last Saturday, The Record ran an interview with Democratus. We'd like to thank them for that opportunity. It was a pleasure working with The Record on what might be the most significant interview of the year.

TAXES NOT THE ONLY THING ON THE RISE IN TROY

By POLITICUS EBONUS ABYSSUS

When the crime statistics were released earlier this month, we heard nothing from our fearless leader in the mayor’s office regarding Troy. If you remember, Democratic city council candidates were relentlessly pummeled during last year’s campaign by the Republican city council candidates, genuflected to the god of Harry who, since elected, had reduced crime in Troy.

Lo and behold, crime in Troy in 2005 is up, with both violent and property crimes increasing over 2004 levels. According to the FBI statistics, which can be found at http://www.fbi.gov/ucr/05cius/data/table_06.html, crime increased by 2% between 2004 and 2005. Specifically, murder, assaults, larceny/thefts, and motor vehicle thefts all rose between 2004 and 2005. More worrisome, however, is that the rate of crime increased by over 3%. The number of crimes increased while the population in the City of Troy decreased. Not a good combination when talking about the quality of life in Troy, which Harry continues to tell us is one of his top priorities for the City of Troy.

While the statistics have shown an increase, they do not represent the true nature of crime in Troy. Throughout the City, there have been numerous incidences of vehicle damage, such as tires slashed, windows broken, or damaged side mirrors. Multiple vehicles but one incident both under counts the crime and under estimates the true financial damage to the taxpayers of Troy.

Let’s review recent or not so recent history. Harry claimed that the Guardian Angels were not needed because crime was not a problem and under control. A killer went free because City detectives violated his rights. And there are still questions about the residency of a number of police patrolling this City. Harry, campaign on this next year.

Politicians tell us what we want to hear. Leaders tell us what we need to hear.

UNCLE JOE'S CRANKY

Senate Majority Leader Joe Bruno (R-Brunswick) sounds panicky. At a Ribbon Cutting Ceremony at the College of Saint Rose, Bruno essentially tried to blackmail voters into keeping the Senate in Republican hands.*

The region, Bruno said, could lose out on the millions of dollars in pork barrel spending he has generated since he took the Republican Senate's reins in 1995.

"I was there for 18 years watching dollars flow to New York City and flow to Long Island," Bruno said of the period before that. "What did we get here? Pretzels."

Joe's animosity towards salty, baked goods is well-known. More incredible is his honesty. Not that we ever saw Joe as a particularly dishonest politician. At Saint Rose, he cut right to the chase. It's all about pork. This region has been treading water for the past two decades, surviving on state grants and gifts. We're hooked and Uncle Joe has been our main dealer. It's going to end soon, either this year or in two years. We may as well get used to the idea and go cold turkey.

Every few months we're treated to one of Harry's proclamations. Troy will get this or that (not that any of it has actually come to fruition) and "at no cost to the taxpayers." Right. Everything is bought and paid for by the taxpayers. Where the hell do they think state grants come from?

It's time to face facts: Our Sugar-Daddy will be gone, this year or in two years. Then we'll be able to judge the fiscal stability of area municipalities. It won't be pretty.

Or maybe Joe just needs more fiber in his diet.

*Bruno also took three hostages but they were later released, unharmed.

MORE MITCHELL-PALOOZA

It's simply too damned tempting to not write about our exemplary Corporation Counsel.

As you all know, Public Officers must live in Rensselaer County. Does Mitchell?

We don't know where he lives and, according to sources, he's refused (illegally by the way) numerous demands to turn over his Annual Disclosure Statement. That statement could tell us a lot. For instance, where does he own real property?

What other facts lead us to believe Mr. Mitchell is not a RensCo Resident?

1) He's registered to vote in Saratoga County (although he hasn't cast a ballot since 1999);
2) He sent Harry two $1,000 money order campaign contributions. Unlike checks, money orders lack an address;
3) He won't tell people where he lives;
4) He ignored a court order in the Carignan case and refused to be deposed.

We can only conclude one of two things: He's not a Rensselaer County resident or he's in the witness protection program.

Number four bears some consideration, especially in light of Mitchell's self-described exemplary service to the city. Mitchell disobeyed a discovery order in the Carignan case and failed to appear for a deposition. Counsel for the City did not seek to extend the discovery order. The implications could be serious.

The Carignan suit is scheduled for trial on December 4, 2006. Suppose Mitchell has information that could help the city. Can he testify? Presumably, Plaintiff's counsel will seek to preclude Mitchell's testimony on the grounds that he ignored a court order. Our in-house counsel tells us that Plaintiff's counsel will likely prevail and Mitchell will be precluded. Ouch! Absolutely exemplary.

Speaking of Carignan, on Tuesday, The Record ran a Jim Franco* story on the suit (could not find a link). Franco secured an interesting quote from the city's attorney, Brian Kremer.

"It's similar to shopping for car insurance--just because a person gets a quote from one company--does not preclude them from...calling another company for a quote."

Brian...no one said it did preclude them from getting another quote. Kremer's a fine attorney and we believe he does excellent work in the Labor Law field. His quote here is inexplicable. The obvious follow-up questions are:

1) Why did Comptroller Witkowski testify that there was only one quote?
2) Why did she testify that the one quote came from Carignan?
3) Why is there a letter from Nicoll & MacChesney stating that they (N&M) were unable to secure a quote?

Here's another fun fact from the Carignan saga. As every lay person knows, truth is an absolute defense to a defamation claim. Carignan claims they were defamed when Harry said the city saved $64k by switching brokers (a lie). What you may not know is that Truth, as a defense, must be pled as an Affirmative Defense. The City did not plead Truth as an Affirmative Defense. Why?

So much fun, so little time. Remember, the first person who can identify where Dave Mitchell lives wins a free Troy Polloi tote bag.

*The article mentions Mitchell ignored a deposition subpoena and refused to testify. We can only imagine Mitchell's reaction when he read that bit of exemplary reporting.

THE DAVE MITCHELL STORY

Does anyone know the real story behind Dave Mitchell? What he did before becoming Troy's bestest Corporation Counsel ever?

He obviously wants people to think he lives in Troy, or at least in Rensselaer County. But where exactly does our boy reside?

Word is it's in King Street in Saratoga Springs....or McMaster Street, at number 62.

Mitchell's residency issues also explains why he would not appear to be deposed in the Carignan suit. As you all know, the second question at almost all depositions is, "where do you reside?"

Even more interesting is what little history we could piece together. Mitchell was a Village Justice in Ballston Spa but mysteriously resigned. From the Saratogian:

"Following the resignation of Village Justice David Mitchell Thursday, acting Village Judge Richard Fox will be appointed at a special board meeting this morning to fill the remaining 12 months of the term.

Records obtained by The Saratogian indicate that from April 1999 to April 2000, Fox responded to 25 calls from the Ballston Spa Police Department when Mitchell was unavailable or did not return calls to his pager.

Mitchell's surprise resignation, which came on the heels of a state comptroller's audit indicating disarray in parking bureau and village court financial records, was not disclosed to Fox before it became public."

Did the resignation have anything to do with this?

Days after appointing new village Judge Richard Fox, village officials have revamped the accounting procedures for the village court.

A state comptroller's audit report, dated April 7, found a lack of complete, reliable information both in the recording of parking tickets and in record-keeping in the court. Six days later, village Justice David Mitchell resigned from his post. Fox was selected to serve out the remaining 12 months of Mitchell's term.

And lets not forget all the other fun stuff Mitchell was up to:

Meanwhile, in a bizarre twist, village of Lake George Mayor Robert Blais revealed this week his municipality is named in a lawsuit filed by David and Joseph Mitchell. The suit seeks $50 million in lost profits allegedly occurring on the weekend of Sept. 10, 1999. According to the papers, filed Dec. 10, part of the public highway known as Canada Street was blocked to exclude the public from the Mitchell's business, Zachary's Barbeque.

There have been other incidents involving Zachary's and village of Lake George officials, Blais said. A large maple tree valued at $3,000 planted in front of the establishment was sawed through, causing permanent damage, and Blais said there have been other minor violations with the operation of the bar.

David Mitchell launched a lawsuit against Romano and the village of Ballston Spa in February claiming harassment, slander, libel and defamation, following statements made by Romano at a public meeting. That lawsuit does not list a dollar amount sought for compensatory and punitive damages.

No wonder Mitchell had to come to Harry's Home for Wayward Judges. Boy, Harry, you can really pick 'em.

Why did he resign with a full year left on his term of office? Was he really a high school wrestling star in Camden, NY? Did he get his $50,000,000 in lost profits?

So, if you know where Mitchell actually lives or how he came to be our Corporation Counsel, drop us a line. We're dying to know more about the man who is leading Troy into a new renaissance. Mitchell obviously values his privacy. We can't have that now, can we?

COLUMBUS DAY?

WHAT ABOUT LEIF?

We completely missed one of the most important days of of the year on Monday. For those of you who may not know, Monday, October 9, is a day set aside by the Federal Government to honor the first European to set foot in the New World. No, not the two-bit spice salesman from Genoa. October 9 is Leif Ericsson Day.

Yes, thanks to President Ford, October 9, is Leif Ericsson Day. When signing the proclamation, Ford said that "Ericsson landed in the America more than two hundred years before an Italian explorer first went ashore in the Dominican Republic."

Never mind that it was San Salvador, Gerry meant well. The brave Norwegian beat the Italian by a few hundred years. The Norse even colonized North America. So lets dump Columbus Day. Lets stop honoring the man who came in second and go with the First Place finisher. When will Troy get it's Leif Ericsson statue? How much longer do we have to wait?

Speaking of statues, on Monday The Record had a nice photo of our own ugly statuary being cleaned and buffed. The Uncle Sam statue is easily one of the ugliest statues around. Isn't it time to melt that thing down? Note to The Record: Sam Wilson conducted his war profiteering during the War of 1812, not the Civil War.


If we really want to honor Sam Wilson (and where but Troy would one honor a meat packer) how about a statue of Wilson in garb that a man of the early 1800's would have worn? For those of you who may not know, Wilson didn't walk around looking like a refugee from Fire Island.

RIDICULOUS

This story is ludicrous. One hundred and twenty hours? Listen, the $100.00 an hour rate is fine. But a $12,000+ bill to prosecute, and lose, a misdemeanor and a violation?

We've consulted two attorneys on this and they gave us a pretty liberal breakdown of what this should have cost. They've erred, so they told us, on the side of the Special Prosecutor:


Interview a few people (if necessary) 5 hours;
Review any documents 5 hours;
Research the statutes and case law 8 hours;
Miscellaneous stuff 10 hours;
Coffee and donuts 4 hours;
Court time 10 hours.

That's a liberal estimate, very liberal. It comes to 42 hours. Now, no ADA is spending even 42 hours on this thing. That's good money that could have been used for pay raises for our legislators. Shame on you Tim!

BENEFITS SAGA

The saga surrounding the fate of 99 former city employees and their healthcare benefits has taken an intriguing turn.

Initially, we took the realistic view that people who are not entitled to benefits - shouldn't receive benefits. The fatal flaw in our reasoning was soon apparent: We believed the Administration. We know, we know. Even we make mistakes.

Now, there's a Memorandum of Understanding (hereinafter MU) and at least one Union contract that could very well cast doubt on the Administration's veracity. No shocker, that.

Last Thursday, at a Council meeting well-attended by some pissed-off old people (hereinafter POOPS), the Democrats and Marge wanted to extend the cut-off date for "the 99" from November 1, 2006 until December 31, 2006 (because many of the programs used by the retirees end on 12/31). They were criticized by their legal counsel, Mr. Mitchell, who said such a move would be "illegal." Then, Tutunjian extends the cut-off date anyway.

If we've learned something by taking a close look at this Administration it is this: If they say A, do not simply take their word for it. They have a knack for lying and/or not knowing what they're talking about.

The Memorandum of Understanding between the city and the Retired Firefighters is at the center of one potential lawsuit. According to the agreement, 19 firefighters should receive healthcare benefits and live happily ever after. They, along with the other 80, will have their benefits taken away in a few weeks. Initially, the City took the position that the Memorandum of Understanding was invalid. Now, according to sources, their latest line is that the city does not have the original MU on file. The implication being that the MU is a forgery. That argument, so patently ridiculous, will be laughed out of court.

There's also an issue with former crossing-guards who may also have an agreement that belies the city's position.

This move now makes much more sense. Harry had to hike taxes again. How much more of a hike would there have been if "the 99" were still getting benefits?

A retiree comments at last Thrusday's meeting

This should be interesting.

MORE COMPUTER MISUSE - II

The Sweeney Campaign is using County Computers to campaign and raise money. According to our Corp. Counsel, that's against the law. However, as we've already learned, around here, laws are merely suggestions, to be followed or ignored at the discretion of our public officials.

City Hall in Troy is also implicated. Emily Hartnett e-mailed the following invite to someone at City Hall. The e-mail was then forwarded to all Council members? Good move, that. Here's the original:

From: Emily Hartnett [mailto:emily@thestargroup.cc]
Sent: Wednesday, September 27, 2006 3:41 PM
To: emily@thestargroup.cc
Subject: Dinner with Laura Bush & Congressman Sweeney - PDF Invite attached

Here's the forwarded e-mail:

From: Citycouncil.
To: Carolin Collier \(E-mail\); Clement Campana \(E-mail\); Flora.O'Malley; Henry Bauer \(E-mail\); Marge DerGurahian \(E-mail\); Mark McGrath \(E-mail\); Mark Wojcik; Peter Ryan \(E-mail\); Robert Krogh \(E-mail\); William Dunne \(E-mail\)
Date: 9/27/2006 4:10.18 PM
SubjectDinner with Laura Bush & Congressman Sweeney - PDF Invite attached

It's a pretty invite. Very understated, with soothing earth tones. Less than an hour turn-around time, too. Not bad. A pity potholes don't get filled that fast after a complaint.

We await the findings of the City Hall investigation into these activity.

On to the County: Here's a few examples.

-----Original Message-----
From: Sweeney for Congress [mailto:sweeneyforcongress@gmail.com]
Sent: Monday, August 14, 2006 7:14 PM
To: Legislature - Minority
Subject: Rudy Giuliani - John Sweeney Event


-----Original Message-----
From: Sweeney for Congress [mailto:sweeneyforcongress@gmail.com]
Sent: Friday, August 18, 2006 5:39 PM
To: Legislature - Minority
Subject: Giuliani/Sweeney Rally: Come Meet and Greet Rudy Giuliani and Congressman Sweeney In Glens Falls



-----Original Message-----
From: Sweeney for Congress [mailto:sweeneyforcongress@gmail.com]
Sent: Saturday, August 19, 2006 4:19 PM
To: Legislature - Minority
Subject: IMPORTANT CHANGE: Giuliani/Congressman Sweeney Meet and Greet


-----Original Message-----
From: Sweeney for Congress [mailto:sweeneyforcongress@gmail.com]
Sent: Sunday, August 20, 2006 4:04 PM
To: Legislature - Minority
Subject: REMINDER: Giuliani/Congressman Sweeney Meet and Greet

-----Original Message-----
From: Sweeney for Congress [mailto:sweeneyforcongress@gmail.com]
Sent: Tuesday, August 22, 2006 8:15 PM
To: Legislature - Minority
Subject: August 22, 2006: Congressman Sweeney Update: Outpouring of Labor Support Continues


-----Original Message-----
From: Sweeney for Congress [mailto:sweeneyforcongress@gmail.com]
Sent: Tuesday, August 29, 2006 7:35 PM
To: Legislature - Minority
Subject: August 29, 2006: Congressman Sweeney Update

-----Original Message-----
From: Sweeney for Congress [mailto:sweeneyforcongress@gmail.com]
Sent: Wednesday, September 06, 2006 7:01 PM
To: Legislature - Minority
Subject: Congressman Sweeney Update: Congressman Sweeney recieves* Important UTU Endorsement and Campaigns at Local Fairs

We really wanted to see something like this:

-----Original Message-----

From: Sweeney for Congress [mailto:sweeneyforcongress@gmail.com]
Sent: Wednesday, September 06, 2006 7:01 PM
To: Legislature - Minority
Subject: Congreshman Sweeney Update: Congreshman Shweeney(hic!) Parties at Area Frat Housh (hic!)

We're sure that Sweeney updates are positively riveting reads. Still, he shouldn't be using public property to campaign and raise money. Please, stop abusing our property, Congressman Sweeney. You should not be campaigning via our computer system. For a guy who writes laws you sure have trouble following them.

Will the County call on Sweeney to stop sending e-mails or will the abuse continue?

* probably should read 'receives' not 'recieves'.

MORE COMPUTER ABUSE

Corporation Counsel David B. Mitchell has been asked to investigate another instance of computer abuse. His own. Fortunately, though he's abused his computer, he hasn't sprouted hair on his palms or gone blind.

Last week, Mitchell e-mailed a City Councilman after the Councilman made a legitimate inquiry of the Comptroller's Office. Mitchell's response fairly bristles with uncontrolled anger:

Councilman Dunne,

"In your eyes,..."

Therein lies the answer to the continued problem within the culture for which you desire to maintain in this City. Rather than focusing your efforts in assisting to make this City a better place to live, work and visit for all, your mindset is centered solely on a world as seen in "your eyes." You are foreclosed to others view points and perspectives.

You are- unfortunately - trapped within a venomous culture of obstruction, controversy and partisanship that has for far too long been part of this climate. I will not participate in that culture and will continue too try to change that mindset in an effort to re-focus your efforts on optimism and a positive future.

I have now know you as a Councilman for almost three years and I know you are committed in what you believe. Unfortunately, your beliefs are flawed and they are counterproductive to making this City a better place to live, work and visit. Great things are happening in this City and you are invited to participate in an era that historians will most certainly regard as significant in the rebirth and renaissance of the City of Troy.

Additionally, I will assume you intended to say "opinion" not "option" and certainly, I would expect you to contact me with any question regarding a legal "opinion" that involves the City of Troy. However, you will contact me with any question regarding the entirety of Law Department, for if you do not, your question will not be answered.

Finally, as a City employee, and given my exemplary performance record as the Corporation Counsel, I expect a modicum of appreciation from you- but once again- you disappoint.

You now have some juicy rhetoric for your website, have fun.
Should you have any further questions, please stop by anytime.

Thank you,

David B. Mitchell
Corporation Counsel
City of Troy

The e-mail was sent on the afternoon of September 21st, from City property. And yes, reading between the lines one does sense a certain Helter-Skelter tone (not unlike Paul's letter to the Corinthians).

Franco did an outstanding job of pimp-slapping Mitchell in last Monday's Talespin. But, lets give credit where credit is due. So, what's wrong with this picture?

Dunne requested information from Comptroller Witkowski. Dunne asked a simple question: Was Thomas Spargo being paid as an employee or consultant? A question most people would consider a payroll/human resources question. Witkowski violated the charter by not responding to Dunne. Instead, she forwarded the request to Mitchell. Why?

Mitchell responded with the answer and then told Dunne to refer all legal questions to him (Mitchell). Then, we have the emotional breakdown, by e-mail, set forth above.

Mr. Mitchell, we would suggest that any exemplary Corporation Counsel should really read the City Charter.

§ C-22. Requests for reports, information or estimates. [Amended by L.L. No. 6-1979, § 1]

Any officer of the City is required to furnish reports, information or estimates to any Councilor of the City of Troy.


§ C-60. Office of City Comptroller.

A. There shall be in the Office of Management and Budget, the office of the City Comptroller. The office of the City Comptroller shall be responsible for the overall financial administration and operations of the City and be organized into such offices and bureaus as determined by the City Comptroller.


B. In addition, the office of the City Comptroller shall:

(9) Prepare and administer the payroll of the City.

Pursuant to the Charter, Witkowski must provide the information to any council member. Mitchell cannot serve as a gatekeeper. That's if you follow the law. We know they don't.

Also, we suggest Mitchell read up on his job description.

§ C-76. Department of Law.


C. Duties of Corporation Counsel. The Corporation Counsel shall act as legal advisor to the City Council and to the Mayor...

Sending warped e-mails to council members is noticeably absent from the job description.

Any exemplary corporation council should be aware of his duties and responsibilitiesties. They should also be aware that there are certain things they cannot legally control. Council members, pursuant to The Charter (the law) have certain privileges that cannot be legally diminished. An exemplary corporation counsel understands this and follows the law.

Mitchell has repeatedly demonstrated contempt for the residents of Troy by failing to abide by the law. He refuses to answer questions posed by council members, he obstructs access to information and he has directed department heads and other officers to do the same. The system cannot work to the advantage of the citizens if the opposition does not have access to information.

Mitchell works for the Council and the Mayor (according to the Charter, in that order). It's time that Council President Bauer stand-up for the Council as a sovereign entity and demand that Mitchell perform his legally assigned role and conduct himself as an employee of the Council. The Mayor should warn Mitchell against using the city's e-mail system for personal attacks against council members.

The Charter exists for a reason. It must be followed. The failure to follow the law leads to lawsuits. You can blame the Plaintiff's for bringing suit against the city, but that doesn't alter the reality: public officials that abuse the law are the one's that cost us money.

Drozd resigned, before being fired, for misusing city property. Another employee was fired for the same offense. They looked at porn. Mitchell represents a greater danger than Drozd ever did. Mitchell obstructs the opposition from it's proper function, that is, acting the part of the watch-dog.

Later this week, we'll look at more abuse of government property and we'll try to figure out where Mr. Mitchell resides.

WHEN THE CIRCUS CAME TO TOWN

Not much time today, so here's a few stories from around the state that should make us all feel proud about our politics, locally and statewide.

Our Comptroller;

The GOP candidate for Attorney General;

This guy wanted to be Governor;

This guy lives in Florida;

This place is insane;

Next week, we'll be focusing on the continued misuse of computers at City Hall and at the County.

DEREK JETER OR JOHNNY JETER?

A few months back, Mayor Tutunjian went into ecstasies about hiring disgraced Judge Tom Spargo as a Deputy Corporation Counsel. Spargo was put on the payroll to the tune of $30,000.

Harry compared hiring the ethically challenged Spargo to, "signing Derek Jeter."

Jeter, a beloved Yankee shortstop, is probably heading to the Hall of Fame. Spargo is lucky that he still has his law license. So, the comparison is spot on.

Spargo, when hired, did not reside in Rensselaer County. He never did and was never going to move here. He's a Berne guy. Harry knew this but still hired him, knowing that Spargo would be violating the residency requirement. Now, we're not accusing Harry of being unethical. We're just saying that he does unethical things. There's a big difference.

Spargo left the employ of the City back in July. The reason given was that he didn't have time to work for Troy and pursue his election law practice. Spargo is now a "consultant' for Troy. Truth is, under pressure from fellow Republicans and the editorial page of The Troy Polloi, Spargo decided Troy wasn't worth it and he moved on to greener pastures. He's still getting money, but now he's a "consultant." Well, according to The Charter, the City Council has to approve money paid to consultants. Has that been done?

Derek Jeter, Harry? For Troy, Tom Spargo was more like Padres outfielder, Johnny Jeter. Johnny amassed just over two-hundred hit in his career, with a lifetime batting average of .244.

Unfortunately, this all comes down to arrogance. It happens with most administrations. These clowns have been arrogant for some time now. The Code and Charter are ignored at will, appointed political hacks think they're more important than elected representatives and laws are selectively used to attack political rivals or those critical of the administration. It's not talked about much in the press yet, but it's out there and it will come back to bite them in the ass. Pattison became arrogant, only he was smart enough to ensure he didn't take the fall, City Council Democrats did that for him. Now, for Mirch, Mitchell and Harry, in his own passive-aggressive way, it is only a matter of time before it happens again.

If we're still using baseball metaphors, Harry, this move makes you look like a Berra: Dale, not Yogi.

Later this week: Did the city suspend Corporation Counsel Dave Mitchell's prescription drug plan?

IT'S WADE

According to unimpeachable sources, Tom Wade has defeated Lynn Mahoney for Democratic Chair of Rensselaer County.

E-mails from people who say they were present indicate that the race was very close and, because of the 'weighted-vote' system, decided by only a few votes.

Here's an excerpt from three e-mails. We can't vouch for their accuracy but find them interesting. The names have been withheld to protect the innocent.

"Towns went mostly for TW while LM's strength was in Troy and Brunswick. NG split and it looked like EG was fairly divided...."

"....Tom Wade won after three two or three recounts..."

"...Mahoney spoke to the group after it was all over. She never mentioned Wade or congratulated him. Not very gracious. No mended fences and I doubt there will be, not that it matters now..."

"...Premo showed up and Tom got to showcase his biggest failure. WTF?..."

According to one e-mail, Mr. DiFiglio did not go to the meeting and did not send a proxy. We have to wonder if this had anything to do with LaPosta's candidacy for City Chair. There were apparently some Troy votes that went to Wade, to the opposition's surprise.

That's a wrap. Congratulations to Mr. Wade. As Mahoney will probably tell you, running the Titanic isn't an easy job, but it sure is a thankless one.

COUNTY MEETING

The Democrats hold their County Committee meeting today at 4:00PM. Up until a few days ago, it looked like Wade had it in the bag.

According to more than a few sources, Mahoney is coming back. More than one member of the committee has stated that the Premo debacle has soured Wade's candidacy.

Any rumors? Any over-under? Any bets? The window closes at 3:55PM.

Having no experience in these things, people tell us that the vote will go by municipality. That is, in alphabetical order. If the towns come in heavy for Wade it will be interesting to see what Troy does. Or, maybe the proxies will decide the whole thing before a vote goes off.

Reports indicate it's getting ugly, with threats of reprisals, nasty literature and people not on the committee, like Brian Premo, sending out literature in support of Wade. It's also been rumored that at least one Wade supporter is telling people that various elected officials are supporting Wade when, in fact, they are not.

On the flip-side, rumor has it that anyone supporting Wade will not be considered for any juicy, patronage jobs in the Spitzer government.

All rumors, of course.

Intra-party street brawls. Gotta love 'em.

BREAKING NEWS.....

PORN TO BE WILD

Workers from the Department of Code Enforcement have removed the Marquee from Troy City Hall and the doors of the well-known adult entertainment landmark have also been padlocked....
Chuck Drozd, City Auditor, resigned yesterday. Drozd allegedly peeked at some porn while at work. Another city employee, from the Engineering Department, is on unpaid suspension (we could not confirm from where he was being suspended but it's probably from a relatively high elevation) for similar allegations and for lying about his place of residence on a job application.

Lying about where he lives? Was Spargo sent to deliver the bad news? Right, Spargo doesn't lie about where he lives he just violates the law. Now, rumor has it that if asked, they'll say Spargo is a paid consultant, not an employee, and therefore, he doesn't have to reside in Troy. If that's the case, they are still violating the law because Spargo has not been approved by the City Council.

So, did Drozd get into hot water because he a) allegedly looked at porn; b) used city property for non-city business or c) a combination of both?

I think we've learned some valuable lessons today:

1) You can violate the law, just don't lie about it.

2) You can be a disgraced shake-down artist and get a job but you can't look at hoo-hoo's or pee-pee's;

3) There are public jobs that pay 50k + and still allow time for internet surfing.

Drozd made his own bed and now must live with the consequences. Viewing porn at work is improper. Viewing such material should be done in the sanctity of the home. It still doesn't explain why Drozd got the 'dog-and-pony show' treatment from the administration. Why did they call channel 10?

Just when City Hall was getting fun it's back to playing Tetrus.

DEMOCRATS ON THE MARCH!

In less exciting news, though obscene in its own way, the County Democrats will meet Sunday to decide who will lead them to defeat in the next election.

Rumor has it that Tom Wade has enough votes to defeat Lynn Mahoney. John Darling has also been talked about as a potential Dark Horse. It is not known if Darling has actually been approached or would even want the job.

There is also a possibility that the Democrats will choose a wholly new form of Chairmanship with each election district having it's own multiple-mini-chairpersonships.

Finally, it looks like Frank LaPosta will be City Chair. We can only hope he brings the same dynamic energy and enthusiasm to the City Committee that he brought to his mayoral campaign.

THIS IS REALLY HOT!

This seems to be the topic of late: according to The Record...

City officials met Monday night in executive session to discuss allegations that an employee hired by the City Council was misusing a work computer. Sources close to City Hall said the purpose of the meeting was to discuss the status of City Auditor Charles Drozd, who has been accused of having pornography on his work computer. Police recently went through the employee's work computer, the sources said, but they have not recommended any criminal charges at this point.

There's some interesting things here. Lets discuss.

First, some of our readers, those that consider 7th Grade post-graduate work, will deliberately misconstrue what we are saying. So listen carefully: we are not pro-pornography (unless it's really good pornography). We do not advocate viewing pornography at work (unless it's really, really, really good pornography or unless you work in the porn business and you have to view porn for work purposes).

Also, we do not know if the allegations are true. Lets get that out of the way. These are allegations only.

If an employee is viewing pornography at work (the above examples excepted) then they should be disciplined. The real issue is, what kind of porn? Is it that badly lit stuff, or higher grade porn?

1. Note, Drozd is hired by the City Council. The City Council went into Executive Session because this was a personnel matter. Council President Bauer had 'no comment' for WTEN. How did WTEN find out about the meeting? We guarantee it wasn't from a Council member. It was from someone in the administration. Take a guess.

2. If reviews were done on other computers, lets see what other people were looking at on City time. Is this about porn or about using city property for things unrelated to work? Lets see who's logging into sports sites, gambling sites or .... political blogs.

3. As everyone knows, Drozd is Marjorie DerGurahian's brother-in-law. As everyone knows, the administration had Marge bullet-voted out of the Council Presidency because, in part, she refused to be their puppet on every issue. Is this more about Marge than Drozd? Is this payback? It's low, dirty and despicable, which is certainly their style.*

4. Should Marge recuse herself from any Council action taken on this issue? An intriguing question. In today's climate, we say no. In a world were Justice Scalia goes on hunting trips with Dick Cheney while cases involving Cheney are pending before the Supreme Court, we hardly think Marge needs to recuse herself from any action. Remember also, that recently, a then North Greenbush council member voted a pay raise for his boss's wife. Judge Hummel said there was no conflict. Recusing yourself for ethical conflicts is just so last week.

5. Is this a big deal? Nope. Not when Harry rewards guys like Tom Spargo. Not when they lie about how money was saved. That's obscene.

6. The Council needs to assert it's independence and tell the administration "thanks, we'll take it from here." Or maybe they should buy Drozd a gift. As far as we know, if Drozd did do anything, he didn't break the law. Now, Mirch broke the law. Mirch verbally abused a city employee. Is a traffic ticket a big deal? Of course not. But, Mirch tried to worm his way out of it by using his public position. What did Mirch get for embarrassing the city? A gift from the City Council.



* Caution. We will delete and ban anyone that insults or somehow associates DerGurahian with these allegations. People are not responsible for what their relatives do or do not do. If that were the case, Harry should start explaining LoPorto's tax issues. In short, don't be dicks. It's embarrassing enough for all involved.

THE MOUSE THAT ROARED

....or whined. Of all the Democratic failures in Rensselaer County, the failure to challenge Senator Bruno has to top the list.

If this were any other year, the failure would not be as great. We could view it as 'run-of-the-mill' Democratic incompetence. But not this year.

There exists a very real possibility that statewide, the Democrats will run the table. That means, Spitzer, Clinton, Hevesi and Cuomo victories. The only real fight may be for Attorney General but Pirro has been so incompetent that she should consider moving to Rensselaer County and becoming a Democrat.

The only area where the Democrats might not prevail is the State Senate. They may take control. They may not. They will likely pick-up seats.

It will be a big Democratic year. While Rensselaer County isn't the epicenter of the New York State political world, the Democrats missed a great opportunity to make some noise and add to the Democratic victories this fall.

Here's our thinking, if we're the County Chair(s): It's going to be a big sweep this fall. Spitzer's moving into the Governor's Mansion, Clinton's heading back to Washington. Hevesi will be comptrolling for another four years and Cuomo will be Attorney Generalizing. How does Rensselaer County get in on the action? How do we make some noise?

Here's an idea: find and adequately fund a legitimate opponent to the second most powerful Republican in the state. Maybe you take him down. Maybe he barely wins. Either way, Democrats in Rensselaer County will have been heard. They will have shown some muscle.

Instead, they find a Republican who can't be bothered to register as a Democrat and then they fail to get him on the ballot.

It will hardly be news when Spitzer, Clinton, Hevesi and Cuomo win. If, and it's only an if, the Rensselaer County Democrats had taken out Senator Bruno, that would have been statewide political news.

Now, we'll never know.

RANDOM STUFF

Not much time to write. Feel free to talk amongst yourselves.

20th Congressional - Update

A recent poll shows incumbent John Sweeney defeating challenger Kirsten Gillibrand 47% to 39%. That's probably the closest Gillibrand has gotten to Sweeney in the polls.

Frankly, we don't buy it. Until polls consistently show Gillibrand within striking distance of Sweeney, we still see this as a comfortable Sweeney victory.

In a way, we hope it is a Sweeney victory. Much like Albany Eye, we're waiting for Sweeney to pull a Wilbur Mills. Perhaps not in the Tidal Basin, but maybe somewhere on the banks of the Hudson with a gal from Grand Street.

No Help from Harry

A group of Hockey Dads went to the city for help. It seems that the Frear Park skating rink is falling down. The kids can't play hockey there and they couldn't get ice time anywhere else in Troy. The closest place was Bethlehem.

The group met with our mayor who basically said he hopes the place falls down. The fathers are now chipping in to try and fix the place up.

You know, if it were the Burgh, Harry's attitude would have been different. He loves to kiss Burgher ass. We'll try and get the details.

This raises an issue that has always bothered us. Citizens banding together to use their time and money to fix parks and other municipal properties. We have nothing against the people willing to do this type of thing. It's selfless and demonstrates a hell of a community spirit. Point is, it's not their responsibility. We pay taxes for just that reason.

Clean Streets?

Does this canard still play? Take a drive through the city. Weeds, potholes, garbage. It looks like Troy in the pre-Pattison days. The Republicans and their allies in the press have repeated this lie for so long everyone repeats it without actually looking around. Talking points are great as long as you close your eyes.

GIVE ME BACK MY BENE'S

When some people leave a job, they get a lunch, perhaps a party. Sometimes the retiree even gets a gold watch (or at least a gold plated watch). And some? Some get free healthcare for life.

By now, everyone is aware that approximately 99 former Troy city employees and/or family members will be losing health benefits on November 1. Here's some background to date. Franco also devoted most of his Thursday column to the issue.

According to the city, the recipients are not actually eligible for the benefits even though some have been receiving benefits for decades.

No one, with a few possible exceptions, likes the idea of cutting people's benefits, especially those for the elderly. The obvious issue however is whether or not people ineligible for benefits have been receiving them. If so, those benefits should stop. Theoretically, a municipality doesn't exist to hand out gifts, be it cell phone ear pieces or healthcare.

The beneficiaries have also been given time to make alternative arrangements. Presumably, many will be eligible for medicade or medicare. This coverage might not be the same as before, but it is not as if they will have no healthcare at all.

The city has also taken pains to give 'everyone' time to secure alternative coverage. Unless you're a Democrat. Despite claims to the contrary, at least one Democrat was told that his coverage will end immediately. As usual, this crowd has to 'play politics' with everything.

Unfortunately, this issue will not be tied up with nice ribbon and bows and easily resolved. Not all of the 99 are in the same boat.

For instance, there are 19 former firefighters included in the 99. They are receiving benefits by way of a Memorandum of Agreement signed by Dworsky (who else?), Richard Caola and Ward Reardon. According to that agreement, effective January 1, 1991 Troy would:

1. Pay one-third of the health care costs of retired firemen in 1991 (if they are not covered by other agreements);

2. Pay two-thirds of the costs in the following year;

3. Pay the full cost in the third and in all subsequent years.

Memorandum of Agreements are enforced throughout the state. This is not the first time this issue has come up and it won't be the last. It will be interesting to see if the firefighters put up a fight. It could be another costly lawsuit.

The questions that immediately spring to mind are:

1) Did Dworsky, as City Manager, have authority to enter into such an agreement?

2) If so, why isn't the city honoring the agreement?

3) How did a recent retiree, with only 6 years on the job, get full benefits? Was he a Republican or Conservative?

4) Did any beneficiaries rely upon the city's coverage to their detriment? Did they give up something for this coverage that they otherwise have been entitled to?

5) Why was at least one former city official given no notice?

6) Did this come to light because people overestimated sales tax revenue and some fancy footwork is needed to balance the impending budget?

The city says these folks are not entitled to benefits. That may very well be the case. However, the people in charge of this city are not the most honorable or decent individuals. It's not a stretch to see this team go after the elderly to make ends meet for the upcoming budget. If we've all learned one thing the past few years it's that you cannot take what this administration says or does at face value. They have a habit of lying. Distrust and verify.

HIJACKED

By Res Ipsa Loquitur

Hijacked!!!!

What is the reason for the Troy Republicans’ dominance at the polls since 2003? Just like the old Nike ads with Michael Jordan and Mars Blackman: Is it their vision for Troy? No Mars! Is it a conservative electorate? No Mars! Is it the hijacking of the minor party lines? You’re damn straight Mars!

That’s right my political junkies and junkettes, the recent Republican dominance at the polls is nothing more than the manifestation of a hijacking operation. But instead of a plane bound for Paris, these terrorists have stolen our democracy and hijacked the minor party lines.

Lets look at the facts shall we? Since the 2003 election, there have been three minor party lines on the ballot, the Conservative Party, the Independence Party, and the Working Families Party. Also, since 2003 only the Working Families Party has endorsed a Democratic Candidate. Furthermore, in 42 city races during this time, not one Democrat has been endorsed by either the Conservative or Independence Party. Now some of you may suggest that this numerical conundrum is merely the result of minor parties hoping to give the citizenry an alternative to two party political system, but alas my faithful friends, you are sorely mistaken. During this time period, all 42 Independence and Conservative candidates were also the Republican nominees! So what gives? What is so special, so incredible about these candidates that they could go a perfect 42 for 42? Much like a 4th Street crack-whore* in the middle of a heat wave, something reeks to high hell in Troy.

Over the next few weeks, I will attempt to explain the phenomena, however, I encourage...no wait, I implore any of our Conservative, Independence or Republican readers to explain the overwhelming success of Republican candidates at obtaining the endorsement from both the Independence and Conservative parties. So, my dear friends and party faithful, the gauntlet has been thrown down and the battle lines drawn. Is there any explanation for the 42 out of 42 or is it just political corruption and opportunism hijacking the electorate and sending our city into the toilet?

* A recent poll found that crack-whore was the most popular simile for Troy, followed closely by armpit, hoo-hoo and Isles of Langerhans.

PRIMARY

Congressman Mike McNulty has his first primary challenge since 1996. His opponent is Tom Raleigh. Here's his website.

Raleigh.....

....is a retired Army Lieutenant Colonel. His twenty-two years of service as an Infantry Officer, military diplomat and Russian and Eurasian specialist included troop assignments in the U.S., Europe, and the Middle East with mechanized, motorized, and airborne Infantry units, and concluded with consecutive diplomatic postings in Moscow as an Assistant Army Attaché, and in Vienna, Austria at the U.S. Mission to the Organization for Security and Cooperation in Europe. As a soldier and military diplomat, he has nine years of international experience in Europe, Russia, Central Asia, the Balkans, Egypt, and Africa.

Frankly, Raleigh's CV seems a bit light. After all, up until he resigned in disgrace, Congressional Republicans were led by an ex-cockroach exterminator. Now that's a useful background for a congressman. So, the big question for Raleigh is, "Why does he hate America?"

Needless to say, Mr. Raleigh has impressive credentials. He's been to places that Sweeney can't locate on a map and the President can't pronounce. Given his background, perhaps we may at least listen to some of the things he has to say on national security issues.

Raleigh is no lightweight. But, why is he challenging an incumbent Democrat? Well, in his own words:

Today we launch the first congressional primary campaign in this district since 1996. Between now and the Democratic Primary on 12 September, we will convince Democrats to convince fellow Democrats--neighbors, family, friends, and co-workers--that it is time for change in Washington. We will convince fellow Democrats that it is time to end the disproportionate importance of money in political campaigns, to end the unhealthy, sometimes sinister, influence of money in legislative decision-making. We will convince Democrats that it is time to send to Washington someone who will put the national interest and the common good above politics when it comes to addressing pressing domestic challenges; it is time to send to Washington someone who will choose cooperation and solutions over blame and gridlock. And during a time when the nation finds itself in the midst of a prolonged, complex, and extended war, we will convince Democrats that it is time to send to the Congress someone who has served in the Armed Forces, someone who has served in the intelligence community, someone who has served in embassies overseas, someone who understands--or at least appreciates--the complexities of the post-911 security environment, the post-Cold War world, and the nature of the threats confronting America and her allies. We will convince Democrats to choose leadership over complacency. We will convince Democrats to vote in the 12 September Democratic Primary and to vote for Tom Raleigh because they want their vote to count.

That's an interesting message. Some think that Raleigh is trying to 'Lamont' Mike McNulty. Only there, Lamont ran against Lieberman by criticizing the Connecticut Senator's lack of partisanship. Here, Raleigh is claiming Mike is too partisan.

We do not take sides in primaries. However, it seems a bit inaccurate to accuse McNulty of being too partisan. McNulty's record is very moderate, which accurately reflects the district. He's not generally known for being a partisan grenade thrower.

McNulty, despite being in the minority, has a proven knack for bringing home the bacon to the Capital Region, whether it's for the Watervliet Arsenal, the Stratton Air Force Base, the Port of Albany or other area projects. And despite what people say, when it comes to Congressional Representatives, it's all about the other white meat. Also, to his credit, he didn't duck a debate with his opponent like some incumbents are wont to do.

It looks like the Democrats in the 21st Congressional District have two good choices. The odds are against Raleigh. If Raleigh does lose, we hope he doesn't abandon seeking office in the future. He's a serious, credible candidate.

Why doesn't a serious Republican primary the doofus we have on this side of the river?