TRICKLE DOWN

The dispute between the City of Troy and the City of Rensselaer is resolved.....almost.

According to the Times Union:

The City Council agreed unanimously Thursday night to a deal proposed by Mayor Harry Tutunjian to get the city of Rensselaer to settle its unpaid water bills dating to 1999.

The proposed settlement of Troy's lawsuit against Rensselaer over the unpaid water tab is $2.1 million including interest, with $400,000 to be paid immediately followed by annual payments of $175,000 until the debt is paid. Rensselaer will pay interest annually on the amount owed.

The article almost makes you believe that reporters were present at the meeting.

The real story is that no plan was proposed by Mayor Tutunjian. Unless, it was Plan Nine. In fact, the Council attended the meeting with the expectation of reviewing a proposed plan that would settle the dispute. In reality, the Council was handed a fill-in-the-blanks proposal and plugged-in the numbers that will form the basis of the settlement.

Tutunjian had no plan, no deal and failed to participate in filling-in his own blanks. Corporation Counsel David Mitchell, who did participate, offered vague number ranges as to money owed.

It was ultimately agreed that approximately $1,950,000 was owed by Rensselaer. Approximately $500,000 of that total was interest. However, $168,000 in interest was forgiven at the recommendation of the Administration because the Administration couldn't establish whether that interest was owed by Rensselaer of East Greenbush.

Approximately $200,000+ in interest and penalties was also forgiven. This is the Brown deal, with some minor changes.

So what happened?

It's apparent that the Administration had no idea of the dollar amount owed by Rensselaer to Troy. If the Administration did have an exact dollar amount, the trial is a mere 6 weeks away. Why not wait and prove your case? Because....

....the recording keeping during this Administration and the last, on this issue, was poor. If they had an exact amount that they could prove, why didn't Mitchell make a motion for Summary Judgment so we could avoid the trial all together? We listened to the typical bluster from the Administration since May....how they wouldn't settle for anything less than the entire amount, paid in full. But, now, even the three GOP Councilmen voted to a reduced amount.

Also, it's fresh cash. Money they will need to off-set potential tax hikes this fall.

We said this case would and should settle. That the settlement would involve a payment plan. If Rensselaer doesn't sign off on this ASAP, they're committing governmental malpractice.

The fun part of all this is to fondly remember the bluster earlier this year. GOP Councilmen, Tutunjian and Crawley all balked at Rensselaer paying a penny less than was owed. In fact, Councilman McGrath said that if Rensselaer paid less than the full amount, he would tell Troy taxpayers to call Brown's home if they had problems paying their own water bill. Well, Rensselaer is paying less than is owed and McGrath voted yes. So we guess those tax payers can phone McGrath's house now instead of Brown's.

Full of sound and fury in May but by June they go gentle into that good night.

FRIDAY WRAP-UP

Senator Bruno's announcement has dominated the news. Next week we'll return to our regularly scheduled programming.

YOU ALWAYS HURT THE ONE YOU LOVE

Rensselaer County Executive Kathy Jimino will not seek Senator Bruno's seat, despite how attractive that seat may be. Why? She loves us too much.

“What has come to the surface in my own mind as I have weighed my decision is the love I have for our county, our people and my role as their county executive,” Jimino said in the statement.

And it's true. We can feel the love.

Jimino's decision is the proper one. Rensselaer County is already suffering from abandonment issues with the departure of Bruno. The fact that Assemblyman Roy McDonald has been all but anointed to run did not play a part in the decision.

With Bruno's departure, a number of Democrats are now reconsidering their options. For instance, fresh from her mayoral re-election defeat, Saratoga's Valerie Keehn is circulating petitions. Well, she does have time on her hands.



BRUNO MAY QUIT THE SENATE

Here's the odd thing, the thing that keeps people speculating: Bruno may actually resign his seat before his term expires. Leaving his leadership post at age 79 makes sense. Resigning his senate seat with only sixth months left in the term is inexplicable. Or, maybe it's explicable. Perhaps his departure from leadership did not turn down enough Federal heat.

What happens if Bruno does exit early? We consulted the State's Owner's Manual.

THE NEW MAJORITY LEADER

The new Senate Majority Leader is Dean Skelos (R-Nassau). Here's his official Senate Biography.

In high school, Senator Skelos was voted 'Most Likely to Remind Women of the First Husband.'

We already miss Joe.

BRUNO'S EXIT

Following-up on the week's major story.

Did Bruno's abrupt departure strike anyone as a strange way to end 32 years (13 of them as Senate Majority Leader) public life?

The Times Union article notes:

The Brunswick Republican stunned allies and colleagues Monday, confirming he will not run for re-election after a 32-year Senate career.

Few people seemed to know of Bruno's intentions. "He called us in right before he told his members," said Edward Lurie, Bruno's former political director, referring to top staffers.

Bruno met for almost two hours with his Republican colleagues behind closed doors but declined to face about 50 reporters and television crews. An aide said Bruno would say more today.

The mood in the meeting, Morahan said, "was like a wake."

Bruno's departure from public life stands in sharp contrast to Congressman Mike McNulty who announced earlier this year that he would not seek reelection. At yesterday's press conference, Bruno did not look or act like a man that wanted to leave this job.

Bruno's abrupt departure is also out of character for the 79 year-old. Like him or not, Bruno is a fighter and it seems odd that he would abandon his post less than five months before a crucial election. The fact that the FBI probe continues lead many to speculate that there may be an announcement in the near future from that office.

In the meantime, it looks like Assemblyman Roy McDonald has the inside track to the Republican nomination. However, Rensselaer County's own Kathy Jimino has expressed an interest in the seat. Not mentioned for a Bruno replacement is Troy Mayor Harry Tutunjian or County Legislator Neil Kelleher. Why Joe would not back a fellow-Rensselaer County Republican is not know. Ultimately, no matter who gets the nomination, the Senator representing our County will have little seniority.

Meanwhile, Nassau County Senator, Dean Skelos has been elected the new Majority Leader. Skelos, one of the GOP's Young Turks is 60 years old.

If you're interested in complete coverage you can find it at The Albany Project.

BRUNO OUT

The signs were there to be read but this is still huge statewide political news let alone big countywide news. Senate Majority Leader Joseph Bruno (R-Brunswick) will not run for re-election.

For weeks, Bruno aids have been resigning to secure other employment, leading many to speculate Bruno would not run. Then, there's the impending GOP loss of the Senate Majority.

Here's The Record article and the Times Union article.

The practical implications are enormous for both Rensselaer County and the local Republican Party. We explored some of those implications back in April. More fun is the fact that with the departure of the County's 800 lbs. GOP gorilla, the party will be in the hands of some 100lbs. monkeys.

This will dominate the news for a few days so our regularly scheduled programming is on hold as we follow the developments.

NO-SHOW BOB...REDUX

Some good things to cover this week. We'll start out slow for your Monday.

Metroland's Chet Hardin has covered the Bob Martiniano - No-Show Job - story. Hardin's coverage is very similar to the Channel 6 coverage....except Hardin has the job description...and knows that Martiniano does not work for the State...and knows that .....

Funny stuff and the type of coverage Gregg Floyd could have done if he had bothered to research the issue. What's that called again? When you gather research and facts? Oh, that's right: Journalism.


CITY FAILS TO SAFEGUARD CHILDREN

According to the Times Union: The day before a 14-year-old boy was seriously injured going down the steep Thompson Street hill, city crews had started safety improvements, Mayor Harry Tutunjian said today.

"It's sad. We were working to try to prevent it," Tutunjian said about the work, which started Tuesday and includes erecting new guardrails, a fence and warning signs.

The Tutunjian Administration really moved on this issue, like Ernie Lombardi running to First. Hell, it's only been a year since a child was killed at that same location. It's not like they had notice that something like this could happen to a child. Why the year delay? Too busy with pay raises? Suing the Council? Stomping First Amendment Rights?

High Caliber leadership, indeed.

REMEMBER WHEN...

Harry declared Troy the fastest or 2nd fastest growing polis in the region? From the Times Union:

Wilton issued building permits for 423 housing units in 2007, while the cities of Albany, Schenectady and Troy combined for just 66.

The numbers illustrate the continued northward and outward expansion of the Capital Region's population and the move away from older cities in favor of fast-growing suburbs.

In the city of Albany, for example, permits were issued for 48 residential units -- 20 apartment units and 28 single-family homes.

Troy, meanwhile, issued permits in 2007 for 14 single-family homes and no apartments, according to the data.

The city of Schenectady issued just four permits in 2007, all single-family homes.

Meanwhile, suburbs such as Halfmoon (permits for 223 units), Glenville (247 units) and Colonie (93 units) were far more popular with residential developers -- continuing the pattern seen in the Capital Region for decades.

Impressive. Remember, that's in 2007, before the evil Democrats took over and destroyed growth.

ODDS & ENDS

State Supreme Court Justice Anthony Carpinello has hit the airwaves in his reelection bid. The Times Union reports a television ad and we have heard him on the radio. Caprinello sits on the Appellate Division, Third Department but must be a Supreme Court Justice in order to remain on the Appellate Division.

Carpinello will likely face Rensselaer County Court Judge Patrick McGrath. This is the first real race for Supreme Court that Carpinello has faced. Hitting the airwaves this early is also a sign that Carpinello (rightly) takes McGrath's campaign seriously.

McGrath should win Albany County and Rensselaer County handily. If that happens, Carpinello will have difficulty finding enough votes in the remaining counties to counter McGrath.

As you can see, the 3rd Judicial District has turned a bright shade of yellow over the past few decades. This is due to an influx of Court of Claims judges doing the work of Supreme Court Judges because so many of our elected judges are sitting on the Appellate Division.

If McGrath does carry Albany County and Rensselaer County by a solid majority, we just can't see Carpinello making-up enough votes in Greene County, Columbia County...which contain a total of 9 eligible voters.

Carpinello's big problem is that his current position, for all of it's import, is not high profile. He does not see or interact with jury pools. He is not the presiding judge on any high profile cases.

Both men are capable jurists.

HEARD ON THE STREET

A quick Heard on the Street. We can't vouch for it's specific accuracy but an interesting rumor nonetheless.

It seems that at least three Troy Police Officers that recently left the TPD for greener pastures found that those pastures were not so green after all. These experienced officers want to rejoin the TPD. Experienced officers, you say? Who want to work here?

The one snag is the Administration. They won't rehire these officers unless the PBA agrees to some type of Pro-Harry Public Relations bit.

Developing....

THEY'RE BACK

Some Troy criminal law news. From the Times Union:

The conviction of Michael "Murder" Hoffler, serving life without the possibility of parole for the 2003 murder of a police informant, was reversed by the Appellate Division because of a rare glitch in courtroom proceeding where potential jurors were given the wrong oath.

Here's the background:

At the beginning of jury selection, prospective jurors are all administered the "oath of truthfulness" as a group by the commissioner of jurors. With the oath they essentially pledge they will answer questions honestly put to them by the prosecution, defense and sometimes a judge to determine whether they are suited to serve.

A second oath, administered by the trial court clerk to seated jurors just before the trial begins, is a promise to fairly try the issues before them and render a verdict in accordance with the evidence and the law.

The court ruled that a review of the record showed the commissioner never gave the jurors the first "truthfulness" oath, instead reading them a rendition of the second one.

Hoffler was convicted in '05 for the murder of informant, Christopher Drabik. The decision can be read here.

Makes you wonder how many defense attorneys are combing through their files as we speak.

In other criminal news:

The state's highest court ruled Thursday that a Rensselaer man convicted six years ago of sexual abuse deserves a new trial because prosecutors withheld information from the defense.

Burton Jeffery Hunter was found guilty in November 2002 of sexually abusing a 17-year-old girl on Dec. 9, 2001, at his East Street home and was sentenced to 25 years in prison.

Record reporter, Jim Franco, has written about five pounds of articles on this case. We can't find the links to any of them but if you can track them down, they covered the case quite well.

Which brings us to The Wankers of the Week.

NO-SHOW BOB

Troy Republicans have been absolutely giddy over the prospect of a WRGB piece on Robert Martiniano, the Confiedential Assistant to the Council President. The piece aired Tuesday night and can also be found on WRGB's website (under recent videos).

In all honesty, it was a relatively fair piece, especially for one driven by disgruntled GOP operatives.

The Record picked-up on the story (apparently this is more important than the recent Metroland article on Troy's Corporation Counsel, a story The Record and Times Union won't cover). However, The Record did do something that Greg Floyd did not do: get the job description.

Floyd* was offered the job description, work product and time sheets but declined, stating he did not need them. What reporter needs all that information? It would just complicate matters.

Ironically, there was no written description of the job duties of former Confidential Assistant Vito Ciccarelli. So, what exactly are the duties? The description is in The Record article. Some may not like the description, some might think the duties should be different. That's a legitimate dispute. But a reporter, like Floyd, has a duty to find out what the job entails and what Martiniano has produced. Without researching that, what's the point?

Floyd should also have found disgruntled constituents, noticeably absent from the story. The only disgruntled person we saw was Mr. Ciccarelli. Nor could Mr. McGrath scare-up a disgruntled resident.

The video is certainly worth watching multiple times if for no other reason than Twila. That was hysterical.

With all due respect to Mr. Martiniano, and Mr. Ciccarelli, the Confidential Assistant is a small fish in the larger Troy and Rensselaer County world. Investigating wasteful public spending is a vital media responsibility. Perhaps they could start higher up on the food chain and work their way down to the little fish.

Some suggestions for WRGB and The Record:

Mirch's 3rd public sector job as Constituent Liaison for Senator Bruno. It pays three times what the Confidential Assistant receives and is held by someone who has a full-time job that he describes as "24-7." How does a constituent contact Senator Bruno's liaison? We don't know. The contact information isn't on Senator Bruno's website. How many hours does Mr. Mirch work for the Senator for that $30,000? We don't know because we were told Mr. Mirch does not keep time sheets for that job and better, doesn't have to.

Or, the billing records of Troy's Corporation Counsel's Office? Who is being paid for and for what services? Who is attending what seminars and training? Are those bills being sent to the Council for approval if they exceed $500.00 as required by the Charter?

Look into everyone, by all means. Just start at the top.

*In college, Mr. Floyd was involved in student government, Mr. Martiniano in the school paper. Martiniano wrote a number of pieces critical of Mr. Floyd.

NOTICE OF CLAIM FILED

The Sanctuary for Independent Media has filed a Notice of Claim against the City of Troy. From Jim Franco's article:

The New York Civil Liberties Union formally filed a notice of claim against the city on behalf of artist Wafaa Bilal, who attempted to open a controversial exhibit at the Sanctuary for Independent Media.

On March 11 the day the exhibit — called “Virtual Jihadi” which is a video game where the objective is to track down and kill President Bush — was to open, the city closed down the sanctuary for code violations. The lawsuit, when filed will attempt to show the city violated Bilal’s civil rights.

“Wafaa Bilal would like city officials in Troy to understand that artistic expression is protected, no matter how offensive its officials may find it,” said Melanie Trimble, director of the NYCLU’s Capital District chapter. “The NYCLU will always defend artists from government suppression.”

The matter could have been averted by a simple apology from the Mayor. Now, Troy will face a lawsuit and probably pay an outside law firm a significant fee to defend Troy's clamp-down on free speech. Since it's a Civil Rights action the big fear is always attorney's fees. Those can be substantial. In a recent lawsuit against the Averill Park School District, for a Freedom of Speech violation, fees amounted to over $500,000.

POLICE SHUFFLE

A shake-up in the TPD as violent crime makes some headlines.

21ST NEWS

Democratic congressional candidate Phil Steck announced today that he supports imposing a windfall profit tax on oil companies, which would help to combat the rising cost of gas at the pump. Steck pointed to H.R. 6000, which was recently introduced by Congressman Dennis Kucinich, and is supported by over 60 members of the House, as legislation that is taking big oil interests head on.

“Big oil companies are gouging the American public,” said Steck. “For far too long, lobbyists have been stopping progress and stifling real energy reform. We need Congress to act right now to end this oil company profiteering.”

Steck also said that H.R. 6000, known as the “Gas Price Spike Act,” includes tax credits for the purchase of fuel efficient vehicles and provides federal funding to improve mass transit. Steck said that the individual tax credits for energy efficient vehicles would be worth between $3500 and $6000.

WATER, WATER EVERYWHERE...AGAIN

The Troy City Council withdrew legislation that would settle Rensselaer's water debt. The legislation was withdrawn because of a procedural error: The legislation was not discussed at the most recent Finance Committee meeting as mandated by the City Charter.

This is another in a string of procedural errors that have plagued the City Council. Are procedural errors a big deal? Yes and no. They can be corrected and are inevitable from time to time. Governing in a democracy can be a messy business. The former Council was also plagued by procedural errors (many pointed out here) but since they did the Administration's bidding, such errors were rarely an issue.

Still, the Council has had time to settle in and it's about time they get their shit together and not give an impotent mayor ammunition.

That said, Rookie Councilman John Brown deserves much of the credit if Troy does get some or all of it's money from Rensselaer. Brown raised this issue during the campaign and has worked towards settling the debt since elected. One thing forgotten in this debate is that no matter what the Council does, it is our reading of the City Charter that they Mayor must sign-off on any agreement. If the Mayor vetoes the legislation the Council can override that veto but we don't believe the settlement would be valid. We could be wrong (not likely) but that's our read on the Mayor's powers under the Charter. A settlement would be a contract and the Mayor must execute any contract on behalf of the City.

Brown's actions have lit a fire under the Administration. Four years ago, the Mayor promised to collect this debt. Instead, he hired Rensselaer's Corporation Council and did nothing. He seemed more content to raise our taxes than collect the debt. Councilman Brown comes along and in 2008 the City finally files a lawsuit. Brown put the issue center stage and got the ball rolling.

The Administration's line in all this is to call Rensselaer "dead beats." They insist that Rensselaer should be treated like the Troy citizens that don't pay their bills. We'll be taking a look at how this Administration treats certain residents that don't pay their bills and the amount of those bills.

Peace out.

21ST CD UPDATE

SUMMER HOURS

Now that June is here and we're behind on our community service hours, posting will be two or three times a week.

WHAT'S UP IN THE 21ST?


Why is Congressional Candidate Tracey Brooks (along with Governor David Paterson)trying to turn us gay?

Tracey Brooks:

...offered support to the Capital District Gay and Lesbian Community Council (CDGLCC) and announced plans to participate in CAPITAL PRIDE 2008, which runs from May 29 to June 8. Brooks also unveiled her platform on lesbian, gay, bisexual and transgender (LGBT) issues and offered a pledge of steadfast support to the LGBT community.

"I look forward to participating in CAPITAL PRIDE 2008 and congratulate the Capital District Gay and Lesbian Community Council on the organization's more than thirty years of activism on behalf of the Capital District's LGBT community. CAPITAL PRIDE promises to be a great success and I'm looking forward to marching in next Sunday's Pride Parade," said Brooks. "I whole-heartedly support the LGBT community and will fight for legal protections and rights for all LGBT people including the ability of two loving people to legally wed, and adopt and raise their children with full parenting rights."

Tracey Brooks supports the following:

A transgender-inclusive Employment Non-Discrimination Act;
The Matthew Shepard Act adding our community to the nation's hate crimes legislation;
Same-sex marriage;
Repeal of the Defense of Marriage Act;
Repeal of Don't Ask, Don't Tell;
Increased funding for HIV/AIDS education, prevention and research and getting rid of the abstinence only programs that simply do not work; and,
Legislation that changes our immigration laws so that bi-national couples are recognized and the U.S. citizen of the couple can sponsor his or her non-U.S. partner for citizenship.

Congrats to Brooks. We thought this deserved greater attention. Few candidates are as clear and unabashed in their support for what some believe to be a controversial issues. But, if we find our children secretly downloading Judy Garland recording onto their Ipods, we're calling Brooks.

STECK SECURES MAJOR ENDORSEMENT

Phil Steck thwarts old guard and secures the Albany County Democratic Committee endorsement for U.S. representative in the 21st District

All it took was a cue from Albany Mayor Jerry Jennings, said Albany County Legislator Phil Steck, and the room began to clear out—a remaining vestige of the power the mayor once exerted over the Albany County Democratic Committee. Except this time, the mayor’s sway wouldn’t prove strong enough.

Candidate Tracey Brooks responded:

"Last night, Jack McNulty made an impassioned plea for party unity and democracy that we fully supported and that all the candidates supported but one.

I was heartened to see so many grassroots committee members supporting my campaign based on the right priorities, a different kind of experience and our message of making change happen.

We look forward to working with our legion of supporters in Albany County and in all seven counties of the 21st District as we begin the petition process, continue building on our momentum and move towards victory in the fall."

The issue was, according to Metroland:

"...the Steck camp was able to deflect an attempt by another Brooks supporter and father of the outgoing Congressman, Jack McNulty, to pass a motion stating that the committee should not endorse any of the candidates in the heated primary competition. It was a move that many had hoped the committee would have taken, McNulty reportedly argued, if for no other reason than to preserve “party unity.”

Steck was also endorsed by the Independence Party. Paul Tonko was endorsed by the Working Families Party.

BRUNO CHALLENGER ANNOUNCES

Local attorney Brian Premo officially announced his campaign to challenge Senator Joe for State Senate.

And, of course, The Record, couldn't just print a story on Premo. They had to allow the GOP to toss in some digs. We're all for taking shots at politicians but typically, the official announcement story is about the candidate, not a show case for the opposition. There's plenty of time for that during the campaign. But, as long as they did, this is pretty funny:

Larry Bugbee, the Republican commissioner of the Rensselaer County Board of Elections, confirmed that Premo had failed to vote in seven regular November elections between 1993 and 2003 and that he had changed his political party affiliations several times over the years, from Democrat to Republican, and most recently back to Democrat.

And, a Rensselaer County Family Court Judge was censured by those damned, liberal hippies on the State Commission on Judicial Conduct.

COUNCILMAN HINDERS INVESTIGATION

A Troy City Councilman who requested an investigation now appears to be hindering his own request.

Councilman Mark Wojcik asked the City Council to investigate rumors that Councilman John Brown cut a deal with Rensselaer Republicans. According to the rumors, Brown, in return for support, agreed to save the City of Rensselaer money on their overdue water bill. Rensselaer owes Troy, depending on the day, anywhere between 2.3 and 3.7 million for water.

The unsubstantiated rumor resulted in Councilman Wojcik requesting an investigation. In response, Mr. Wojcik received the following request:



To date, the request has gone unanswered.

Just how is the Council going to fulfil Mr. Wojcik's request if Mr. Wojcok refuses to reveal the source of his information? These are serious charges and the Council should investigate. However, they need the cooperation of the man that leveled the allegations. Why won't he aid them? Also, why did Mr. Wojcik fail to request an investigation prior to 2008? The debt has been outstanding for many years, including those years when Troy and Rensselaer shared a Corporation Counsel. Yet, no request for an investigation by Mr. Wojcik.


It's imperative that Mr. Wojcik disclose the source of his information in order for the investigation to proceed. If not, one can only conclude that the entire rumor was manufactured for political purposes.

LOST WEEKEND

A lot happened last week that we did not cover due to the long weekend.

TROY — County health officials Wednesday issued a rabies alert for the Lansingburgh area after two raccoons found in that area tested positive for the rabies virus.

The raccoons were captured in Knickerbacker Park and on Fourth Avenue between 119th and 126th streets. No human or domestic pet came in contact with the raccoons, authorities said.

Mayor Tutunjian issued a press release on the situation:

"County Health officials have issued a Rabies Alert for Lansingburgh. The City of Troy will not recognize the Rabies Alert and condemn the County's action. Spiritual leaders of all faiths, including Jewishism, are welcome in Troy and are encouraged to visit."

MAYOR SAYS NO TO STABBINGS

In other Harry news, the Mayor takes a tough stand on stabbings:

TROY -- Police were on the scene early today of a fatal stabbing that occurred on Eighth Street. Police Chief Nicholas Kaiser said officers responded to a 911 call about 10 p.m. and found a 28-year-old man lying on the sidewalk bleeding profusely.

The man, whose identity was not released, was taken to St. Mary's Hospital, where he was pronounced dead.

Said the Mayor:

"We don't want to see anything like this happen anywhere in the city," he said.

Ya' think? Maybe this policy will be incorporated into Troy's branding campaign.


JOE'S PLANS

According to Capitol Confidential, Senate Majority Leader Joseph Bruno is coy about his re-election plans.

When asked whether he would run for re-election this fall, Bruno responded:
“I am where I am today. Here I am with you, having this delightful conversation and we’ll see what life looks like.”

Meanwhile, over at Albany Amp, they had this rumor. If it proves false at least the comments are fun to read.

Finally, the Rensselaer County Democrats have endorsed Brian Premo in his run for the New York State Senate seat currently held by Senator Bruno. Maybe he'll even appear on the ballot this time.

BROWN SUBPOENAED

Troy City Councilman John Brown has been subpoenaed to give testimony in the City's suit against Rensselaer for unpaid water bills.

“I really don’t know what they would want to question me about, considering that the lawsuit only covers the debt until the beginning of 2006, and I didn’t take any active role in pursuing any type of settlement until this year,” said Brown.

We would want to know if any Rensselaer officials stated what they believe Rensselaer owes and whether that dollar amount differs with what those officials say publicly. We'd also ask if any Rensselaer officials have stated what they were able to pay.

That's just our guess.

Councilman Mark Wojcik, R-District 1, sent a letter to Council President Clement Campana, D-At Large, in late March expressing his concern about rumors that Brown had been involved with pre-election discussions of the water debt with Rensselaer officials and that he had used the promise to try and approve a settlement in order to be elected in November.

Brown denied those allegations.

When that rumor surfaced it was the subject of at least one television story. Of course, there was nothing to document the rumor. In fact, Councilman Wojcik has not provided any proof or names to substantiate the rumor. We guess such substantiation is no longer required by the print or television media.

It would be very helpful if Councilman Wojcik would reveal the sources of those rumors and turn over any documentary evidence to substantiate his claim.

While the media reports rumors, dead silence on this story. Imagine if the subject of the story had been Campana, Dunne or another Democrat.

FOILED AGAIN

An interesting, below the radar, issue arose at the Law Committee meeting the other night.

A citizen has Foiled records, including time sheets, of Council employees and employees of the Clerk's Office.

The Foil request was denied....by the Administration. According to sources, the denial was based upon time sheets being sacred, municipal writings, only available to the high priests of bureaucracy.

The Law Committee, controlled by Democrats, approved an appeal of the denial. In short, they have no problem turning over the documents.

This is of interest for two reasons:

1) The legislation creating Council oversight of FOIL request was vetoed. That veto was overridden. However, this may be legislation that does limit the Mayor's power and thus, not valid absent a referendum.

2) Time sheets can be FOILED. Despite the Administration's legal analysis, time sheets have to be turned over upon request. Not necessarily every piece of information on a time sheet, but in general, they can be FOILED.

Payroll records of municipal housing authority were not exempted from disclosure under Freedom of Information Law by CLS Pub O § 87(2)(b)since (1) records regarding days worked, leave taken with or without pay and leave accrued were relevant to day-to-day operations of authority, and (2) authority failed to show how release of records would result in economic or personal hardship, as possibility that records could be used to discover other financial information was insufficient and claim that newspaper might use information to create embarrassing article was also insufficient. Buffalo News v Buffalo Municipal Housing Authority (1990, 4th Dept) 163 App Div 2d 830, 558 NYS2d 364.

Records identifying public employees who work during given period, rates of pay and number of hours worked are available because those records are "relevant" to performance of duties; Freedom of Information Law deals specifically with payroll information. Comm on Open Gov't FOIL-AO-4657.

So keep on Foiling and don't take no for an answer. Remember, the government has to articulate a reason for the denial. They cannot issue blanket denials.

OTHER NEWS

Rensselaer County Court Judge Patrick McGarth has tossed his hat into the ring for a Supreme Court seat. If nominated, McGrath will face Judge Anthony Carpinello, an East Greenbush native and Appellate Division judge.

Looks like Tonko's in for the 21st Congressional District race and he received a warm welcome from fellow candidate Darius Shahinfar:

"I welcome Commissioner Tonko into the Congressional race. As Upstate New Yorkers deal with gasoline prices nearing $4 a gallon and rising energy costs, his experience on energy issues will be sorely missed at this crucial time for NYSERDA.

“However, I welcome his long experience in the New York State Assembly into a race which is very much focused on new ideas for the future of Upstate New York and our great Country."

And candidates Tracey Brooks also welcomes Tonko:

"I welcome Mr. Tonko to this race and I look forward to engaging voters as a leader with a different kind of experience, a clear vision for our future, and a focus on the right priorities to make real change happen."

If we didn't know better we might think someone is implying that Tonko is the past, not the future.

Finally,

A much-anticipated independent documentary about Mame Faye, Troy's most famous madam, will premiere on June 14, 2008, at the Sanctuary for Independent Media (3361 6th Avenue). Two consecutive screenings (at 7:00pm and at 8:45pm) will be held to accommodate expected demand. The Georgie Wonders Orchestra will perform Big Band music from Mame's era at receptions following each screening. Admission to this event is by donation ($10 suggested, $5 student/low income/senior citizen). Sittin' on a Million (length: 26 minutes) was produced and directed by local filmmakers Penny Lane and Annmarie Lanesey. The film is the result of nearly two years' labor, during which time Lane and Lanesey interviewed over 100 people, orchestrated street performances, found local actors to portray several "versions" of Mame in reenactment scenes, and dug into primary sources to piece together this almost-forgotten story. Last summer, a "sneak preview" of clips from the film, held on Mame's birthday (August 15) drew a diverse crowd of over 200 people.

Sittin' on a Million has stirred up some controversy locally. During a call-in show on WGY last fall, an anonymous caller said that the film was "disgusting," asking why the filmmakers believe that someone as "nefarious" as a prostitute should be treated as a "hero." Troy resident Geri de Seve, who performs in the film as one of several "versions" of Mame Faye, counters that whether one likes it or not, "[Mame] was a very important part of Troy's history, a very strong woman, and very much of an entrepreneur. There are a lot of ways that prostitution happens, and it's not always women lying on their backs. There are a lot of other ways that people sell their souls and bodies, and her profession just happens to be the one way we call sinful."

Tomorrow, Rensselaer's water woes continue. Or maybe next week. We may start our long weekend early. If so, have a happy and safe Memorial Day weekend.

PFEIL PFEELS PFRUSTRATED

Developer Jeff Pfeil took a shot at the City Council in Saturday's Record:

“My wife and I have a lot of money invested in Troy, and it is very disheartening for me to see the immature actions that have been going on with the council in recent months” said Pfeil, who noted that the city had seen tremendous progress in past years before Tutunjian and the council began their political war.

Pfeil, the owner of Powers Park Lofts, The Conservatory, and several properties in Clifton Park and Saratoga Springs, explained that he was once again disappointed after reading that Councilman Bill Dunne, D-District 4, had attacked Tutunjian during the council’s special meeting to discuss Community Development Block Grant funding Tuesday.

“That’s immature, inappropriate behavior,” said Pfeil. “I think the people who have elected these council members should say to them — grow up, you don’t do things like that at a council meeting.”

First, let us reiterate our commitment to development. We are all for it. Growing up, the girl next store developed a lot, so that was good.

Pfeil did a wonderful job with the Gay Building (The Conservatory). We would not take that away from Pfeil. A building with a few high-end condominiums is preferable to an empty building. But, lets not get carried away. The Conservatory was an IDA sponsored project which makes it exempt from property taxes. And despite all of the 'development', our property taxes have not gone down in Troy. Except in election years, they consistently rise.

More to the point, Pfeil ignores the consistent attacks on Troy's elected, legislative branch by the Mayor. Dunne's 'attack' was not "inappropriate." Indeed, it was highly appropriate after the false charges leveled by Tutunjian. Are baseless attacks supposed to go unchallenged, Mr. Pfeil? Are elected representatives supposed to 'lie-down and take it' so an out-of-town developer feels more comfortable? Perhaps the chaos of Democracy should give way to corporate needs.

Mr. Pfeil's comments would bear greater weight if he and his company remained politically neutral or bipartisan. But, what The Record fails to disclose, or Pfeil fails to disclose, is his blatant partisanship:

The Pfeil's, individually, or via their corporation, are consistent donors to Republican candidates:*

Tutunjian - $1430.00
Tedisco - $675.00
Bruno - $2000.00
Pataki - $580.00
McDonald - $500.00

As well as contributions to the New York Senate Republican Campaign Committee, Kathy Jimino, Henry Bauer and the Saratoga Republican Committee. Over $6000 to GOP candidates. All perfectly legal. Unlike other developers, the Pfeils do not contribute to Republicans and Democrats that are in power. Only Republicans. That's their right but please, spare us the righteous indignation.


*Source: New York State Board of Elections website.

ODDS & ENDS

Gosh, we guess the Mayor wasn't 'On' television calling the Council lazy. Perhaps it depends on what the definition of 'is' is.

Did any of these television "reporters" actually call Housing and Urban Development before leading the story with how the Council is late? Even the reporter asks the question: "Why do it so late?"

If they had called HUD, like a blog that shall remain nameless did, they would have known better. Instead, they base their story on something a politician said with no follow-up. Is this what our media has come to? Aren't they supposed to uncover the facts? Aren't they supposed to dig? Not just for this story but for any story. Hell, a political candidate had to spoon-feed them the Hevesi story.

Just, just....F---k it!

Moving on....

In the Twenty First, candidate Phil Steck receives more endorsements:

Phil Steck, Democratic candidate for Congress, announced today that he has been endorsed by Troy City Council Members John Brown (At-Large), Pete Ryan (District 3), Ken Zalewski (District 5), and Gary Galuski (District 6) in his bid to succeed Congressman Mike McNulty, who is retiring. Steck has now received endorsements from more than 50 local elected and Democratic Party officials.

“I am not surrounded by an army of lobbyists and my campaign is rooted in the community, and I greatly appreciate the support of the Troy City Councilmembers who are fighting for change at the local level,” said Steck. “We need people in Washington who don’t just talk about change, but who actually have a record of making change. People who are willing to be bold, who have the courage to stand up to get this country back on track.”

On the GOP side, Jim Buhrmaster picked-up two important nods:

The Schenectady County Republican Executive Committee and the Albany County Republican Committee have endorsed Jim Buhrmaster as their candidate in the 21st Congressional race.

Buhrmaster, whose family has owned a fuel business since the early 1900s, is running against one other Republican, Steven Vasquez. There are seven Democrats who have declared in the race. Here’s what the party leaders said.

“Albany County Republican Chairman Peter Kermani said, ‘We are very excited about Jim’s candidacy and look forward to helping him make history in November. He’s the only candidate in the race with experience in both local government and business. He’s the only candidate who’s actually cut taxes and created jobs.’”

Finally, Troy's Democratic Council blows another one. When the City Council was in Republican hands the City routinely won this contest. Now, under the Democrats? Defeat!

Guess they don't add the special ingredient: Love.

CDBG $$$

For the past two weeks we've heard Troy Mayor Harry Tutunjian blast the Democratic City Council for "endangering millions of dollars" in Community Development Block Grant Money. That is, grants distributed to cities by the Department of Housing & Urban Development.

The Mayor has repeatedly stated that the Council will miss the May 17th 'deadline.'

However, a call to the HUD Department's Buffalo Office, the office responsible for the CDBG money, paints a different picture. According to Karen Kist at HUD, The City Council has endangered 0 (zero) dollars in HUD grants.

The May 17th deadline is the deadline imposed on mayors for submitting the required One Year Plan (there is also a Five Year Plan submitted every five years). The Executive Branch of City applicants is required to submit a plan by May 17th. Not just a spreadsheet, but a narrative as well. The final numbers, after the legislative branch reviews and votes on the allocation of funds, must be submitted by August 17, 2008.

Well, that's what the people who hand out the money say.

Looks like the only thing endangered in Troy is the truth.

NEW SUIT

The Sanctuary for Independent Media filed a Notice of Claim against the City of Troy for violation of their First Amendment right to free speech. The Sanctuary was targeted for closure one day after a controversial exhibit, The Night of Bush Hunting, opened.

A Notice of Claim is the first step in the litigation. After the passage of the requisite time, a complaint will be filed. We believe the complaint will be filed in Federal Court.

For background and brilliant analysis, you can go here and here.

The Sanctuary has agreed to halt litigation in exchange for an apology. The Mayor has refused. An apology would save taxpayers a major expense but the Administration would rather spend our money defending their assault on the First Amendment. Perhaps a compromise is in order: Harry can apologize but keep his fingers crossed. That's perfectly acceptable under Federal Law unless the Plaintiff serves Notice of No Crossies.

What will the Sanctuary have to prove in order to be successful?

a plaintiff alleging a First Amendment retaliation suit must show that: (1) he engaged in protected speech; (2) the defendants' retaliatory actions adversely affected the plaintiff’s constitutionally protected speech; and (3) a causal connection between the plaintiff’s speech and the defendant’s retaliatory actions.

It will be difficult for the City to defeat the lawsuit on the first two grounds. The suite will likely be fought over the causal connection between the speech and the retaliatory action. Since municipalities rarely oblige with direct evidence of retaliation, circumstantial evidence will be needed. What suffices for such evidence? Temporal proximity is always useful:

Jones reasoned that Cole had done enough to send his case to a jury to determine whether the defendants were liable for unlawful retaliation. Both sides agreed that Cole’s investigative reports and critical editorials were protected speech. The judge also found that there was sufficient evidence to show that the defendants’ actions adversely affected Cole’s free speech. Cole noted that the resolution severely limited his ability to cover sporting events and student exhibitions. Finally, the judge reasoned that the passage of only three days between a critical article and the school’s resolution raised an inference of retaliation. - Cole v Buchanan County School Board

There are also implications in choosing a Federal forum for this suit. According to our legal advisers:


1) Litigation in Federal Court moves quickly;

2) Federal Judges are less tolerant of discovery-related hanky-panky;

3) Discovery is very broad;

4) All participants must wear powdered wigs.

A prominent figure in the suite, even if not a named defendant, will be Bob Mirch, Troy's Department of Public Works Commissioner. Mr. Mirch had this to say about the suit:

“Everywhere I go, people say, ‘You are absolutely right!’ The people are behind me 100 percent,” he said. “I am having a great time. I live for this!”- Metroland

We're not sure if Mr. Mirch "lives" for seeing the First Amendment violated or for law suits against the City. His "great time" will only cost us more money.