The Common Council's Holiday Spirit

Occupy Buffalo

Occupy Buffalo, by Flickr user dhnieman

Each Buffalo Common Council member is allocated a certain budget to hire staffers. Some have two, others have three. North District Councilman Joe Golombek is leading a charge to limit the number to two, citing the legacy costs for a third staffer.

The Council members with three staffers are Kearns, LoCurto, and Rivera, and it’s a longstanding tradition that Councilmembers are free to staff their offices however they see fit. One council staffer tells me that the legacy costs for the three-staffer offices are negligible, since these three staffers share a pot of money in such a way that they are very poorly paid, many of whom work part-time, or are interns, never incurring any legacy costs at all. As to those who do incur legacy costs, it’s not breaking the city’s bank.

The joke of this is, as Mickey Kearns pointed out, that the city budgets for 200 – 250 vacancies every year. The incoming Fontana-led majority, (which I’m told Golombek agreed to join after being assured that he could make an issue out of this no-three-staffers issue), also plans to slash the pay of some key council staffers, and will add a $2,500 stipend to the President pro Tempore.

In other Common Council news, while the members were bickering and nickel-and-diming each other, the council punted again on proposed Food Truck legislation, sending it to the Legislative Committee, which meets next on Wednesday January 4th at 2pm.


Photo by dhnieman.

 

www.flickr.com

items in Buffalopundit: AV Photo Daily More in Buffalopundit: AV Photo Daily pool

Valenti's Coda (UPDATED x2)

Late Monday, the Buffalo News clumsily excised any mention of Iron Chef from Okun’s review of Valenti’s.  The bit about the parsnips is still there, alone and unexplained.

The reason given?

I can only imagine the “two sources” were Mr. and Mrs. Valenti. It’s just a red sauce joint. Hell, the food might even be good. Why be a clown and make up crazy stuff that can be easily disproven?

UPDATE: Via comment to the original post, Jeff Levine, the spokesman for the Culinary Institute of America writes:

You can add to the above list the fact that The Culinary Institute of America has no record of this person graduating from, or even attending, the college.
Jeff Levine
Spokesperson
The Culinary Institute of America
Hyde Park, NY

UPDATE 2: The Buffalo News has scrubbed any mention of parsnips, as if nothing ever happened. That’s great editing! BTW, I did call and speak with Mr. Levine on the phone to verify that he was, in fact, who he says he is, and that he was authorized to provide the above-quoted information on the CIA’s behalf.

Collins' Exit Interview

Outgoing County Executive Chris Collins granted an exit interview to the Buffalo News’ Bob McCarthy. This is no surprise, as McCarthy had been quite vocally assuming all summer that, solely on the basis of Collins’ own deep pockets, he would cruise to an easy re-election.

We all know that didn’t happen.

A week after the election, McCarthy transcribed the concern-trolling from several grumbling Republican insiders. Among their concerns,

How did a county executive who fulfilled all his promises with minimal effects on taxes and no scandals manage to lose?

And in yesterday’s Collins interview, McCarthy repeats – almost verbatim – the same Collinsphilia nonsense.

This time, the defeat seems to genuinely hurt. Collins struggles to grasp how he lost after keeping all his campaign promises of 2007 while running Erie County without a hint of scandal.

Setting aside Collins’ sour grapes and complete lack of self-awareness, it is untrue that he “kept all his campaign promises” and was somehow free from scandal.  The first step to getting better, they say, is admitting you have a problem.

The Buffalo News' Bob McCarthy

First of all, to say Collins didn’t have scandals is to ignore the time when he referred to the Jewish Assembly Speaker as the “anti-Christ”, and the time when Collins jokingly demanded a “lap dance” in order to save a seat at the State of the State address for a well-connected female executive at a local construction company. It ignores the fact that, to some people, informing them days before Christmas that they’d be losing their state-funded daycare services and that they’d have to quit their jobs to watch their kids, is quite scandalous indeed.  It ignores how Collins and his newfound nouveau-riche friend Carl tried to bully David Bellavia to drop out of the NY-26 race.

Secondly, Collins did not “fulfill all his promises“. Collins raised taxes, deepened regional cleaves, and ran on“Three Rs – Reforming Erie County government, Rebuilding the local economy, and ultimately, Reducing taxes.”

He did not reform county government – in fact, he resisted and blocked reforms almost routinely (another “r”); he did not rebuild the local economy, but ensured that stimulus funds were hoarded to artificially improve his balance sheet; and he did not reduce – but raised – taxes.

That’s breaking your promises, and that’s failure under any measure. It’s no wonder he lost

As for the remainder of Collins’ pity party,

Over and over again, the county executive turns to a consoling statistic — 39 out of 44.

That’s the number of county municipalities that voted for him on Nov. 8, only to be “overruled” by the cities of Buffalo and Lackawanna, and towns of Cheektowaga, Tonawanda and West Seneca.

That he won a plurality of small-population towns means nothing. People vote – not square footage.

Practically everyone he meets on the street, he said, says they cast their vote for him. His friends and supporters still tell him he was on the right track, and he firmly believes that the struggles and turmoil of his first term had set the stage for a second term of unparalleled success.

“With everything we had fixed,” he said, “frankly, the next four years would have been cruise control.”

Gee, that “cruise control” quip would have made a great campaign slogan. I guess this reveals that people are polite to Mr. Collins when they encounter him on the street.

Collins lost in the cities and big towns, he now says, because of the “polarizing” nature of politics and a stagnant economy that brought home Erie County’s Democratic plurality of 135,000 voters.

The influence of unions in the Poloncarz campaign energized city Democrats, he said, while stoking a “class warfare” mentality that piggybacked on the rhetoric of Washington and Albany.

That’s rich, coming from a guy whose entire agenda involved marginalizing and harming the poorest in the cities in an effort to gain political support in the wealthier suburbs. It’s a hallmark of current Republican thought that it’s important to kick the poor when they’re down. Slackers.

He rejects opponents’ claims of “arrogance” in running government, instead reasoning that his “noisy” four years energized entrenched interests and the status quo.

The “arrogant” label he now says, stuck with voters as part of a four-year “agenda” of The Buffalo News.

Chris Collins attended exactly zero candidate forums this past election cycle. He begrudgingly attended the one televised debate, and the two that weren’t. He couldn’t even be bothered to drive .5 miles up Goodrich Road to speak with voters at Clarence Town Hall at a candidates’ forum hosted by the nonpartisan League of Women Voters. It’s not his money that makes him arrogant – it’s his arrogance that makes him arrogant.

“I don’t believe people voted against me because I was successful in business or I live in a nice house,” he said. “I didn’t grow up with a silver spoon in my mouth.

“It’s just that class warfare polarizes the country,” he added, “so certainly there is an impact now in local elections, and it plays a role in polarizing people back to party affiliation.”

Never forget that Collins was phenomenally successful at exploiting suburban phobias and resentments at the expense of the poorest in the cities. No one played the class warfare game better than he.  Erie County is better off for returning first Chris Lee, and now Chris Collins back to their lives of gentlemanly leisure. Jane Corwin is the last of the hyperwealthy GOP troika left standing, and her loss to Kathy Hochul last May foreshadowed what happened to her next-door neighbor in November.

Support Buffalo's Food Trucks

The Western New York Food Truck Association, which is the unified voice of Buffalo’s food trucks, is still waiting for the City of Buffalo to draft, debate, vote on, and pass legislation that will legalize and regulate their business and movement within city limits. Buffalo Place, the organization that is in charge of regulating business activity in the downtown core, has already gone on record as pledging to follow whatever rules city government puts in place.

Legislation that was under consideration this past summer was tabled, and although the city was urged to resolve these issues before the weather turned lousy, it is now mid-December and the trucks are still waiting for a clear and concise set of rules under which to do business in the city.  The WNY Food Truck Association, in conjunctino with the Institute for Justice, have produced this video to explain what they want, and what’s at stake.

http://youtu.be/dN9J9aZ7cLo

Please contact the Common Council and let them know that legislation should be passed to legalize and regulate these food trucks in Buffalo as soon as possible. Better still, you can sign this petition, which will result in an email being sent to the Mayor and each Common Council member.


The Constitution. Let's Follow It.

Title X, Subtitle D of the National Defense Authorization Act is neither well-considered, nor do I think it’s Constitutional – even foreigners on American soil are entitled to basic Constitutional protections.

If the government uncovers an al Qaeda cell that plotting some attack on US citizens, it already has myriad tools at its disposal to detain and try the accused.

And that’s the key here – the NDAA doesn’t really call for trial. Indefinite detention and interrogation of people on American soil is a complete abrogation of the Constitution that ought not stand (given an apolitical Supreme Court).  I’m not one to jump on the “police state” bandwagon, because I’ve had the experience of actually spending extended periods of time living in one. But giving the military and police agencies the power to indefinitely detain people based on mere accusations and suspicions brings us ever-closer to an America where people are detained arbitrarily and capriciously based on denunciations and evidence which may not be adequate to convict someone in military or civilian court.

A decade of paranoia and a lousy economy aren’t making anyone any freer, and codifying the indefinite pretrial incarceration of enemy combatants on de jure American soil is contrary to our national interests.  The full text of the provisions in question is after the jump. Read more

Contracting the Economy Doesn't Grow It

American Conservatives have been agitating for what amounts to an austerity budget to address the debt and deficit, arguing that the economy will grow if finances are sound.  They have – and will continue to – hold the country hostage to their faith-based “tax cuts will solve everything” ideology.

That’s what British Prime Minister David Cameron’s government did, and the results have been an epic disaster. British society is fraying at the edges, mass layoffs have led to strikes, services on which people depend – and for which they pay – are suffering.

The austerity budget is fraying at the edges, amid strikes and protests over layoffs and rising fees. Growth has been slowing, despite Mr. Cameron’s insistence that businesses would pick up the pace when it became clear that the government’s finances were sound. And now Britain looks to be in an unusually poor position to defend its interests in Europe.

Members of the Labour opposition lost no time exploiting what they saw as Mr. Cameron’s weakness on the issue.

“Six weeks ago, he was promising his backbenchers a handbagging for Europe, and now he’s just reduced to hand-wringing,” the Labour leader, Ed Miliband, told Parliament, as his party members whooped their approval. “The problem for Britain is that at that most important European summit for a generation, that matters hugely for businesses up and down the country, the prime minister is simply left on the sidelines.”

So maybe the whole austerity budget, abolishing Medicaid, privatizing Social Security and other Republican payoffs to their ultra-wealthy benefactors might not be what’s best to get the economy moving again.

Georgia Militia: Let's Rain Ricin on Washington

In 2009, the Department of Homeland Security issued a report warning of the risk to American lives from right-wing extremists.

The American Limbaughist commentariat blew a gasket, accusing the DHS of a sweeping indictment of all conservatives. Never mind that it was prepared during the Bush Administration.

Since that time, we’ve had a guy fly a plane into an IRS office, an abortion providing OB/GYN shot to death in Kansas, people shot by a neo-Nazi at the Holocaust Museum,  and many other acts of murder and mayhem perpetrated by the violent, extremist right wing in this country. The Southern Poverty Law Center has a comprehensive list.

The most recent one involved four old tea party / right wing / militia types who wanted to manufacture ricin and sprinkle it across the whole of Washington, DC to murder as many innocent men, women, and children as they could.

Is it isolated madmen doing this? Sure. But they’re fueled in part by anti-government rhetoric and other nihilist propaganda that comes from the American right nowadays. Charles Johnson of Little Green Footballs, a former ultra right-wing anti-jihadist type has had a complete re-awakening in recent years and now dedicates his time to exposing this type of rhetoric.

Either way, we needn’t attack the DHS for investigating, researching, and assessing risks to our safety – regardless of how closely aligned the prospective perpetrators are to our way of thinking.

 

Wanamaker's One Sunset

Former Buffalo economic development czar Timothy Wanamaker returned to town yesterday to be convicted by Federal Judge Arcara for charging $30,000 in personal expenses to his BERC credit card. Wanamaker left Buffalo in 2008 to fail as city manager in Inglewood, CA.

Wanamaker has yet to be sentenced, but the Buffalo News alludes to the possibility that Wanamaker’s plea deal is part of a larger, ongoing investigation into mismanagement and embezzlement of HUD funds at City Hall.

Stealing economic development money from a struggling city – it doesn’t get much lower than that. One wonders why CitiStat didn’t pick up all of it, and one wonders how cooperative and informative Mr. Wanamaker will be with federal investigators between now and his March sentencing.

 

Baum: You've Been Served

I actually interviewed at the Steven Baum foreclosure mill last year. I knew they did foreclosure and collections work, but didn’t know the full nature of what they did. I answered an ad for a litigation attorney, dressed up for it, and met with two women who were dressed in sweatshirts and jeans.

They asked what I liked about being a lawyer. I replied that I enjoy representing and helping a diverse roster of clients through a difficult time.  I like using my mind, my research and writing skills, and the fact that every day is different – some days you’re in court, some you’re in depositions, and on other days you’re just pushing papers around. As far as trying cases, it’s simply a fun thing to do, to direct your half of that production for a jury.

The women explained that they don’t try cases there, “litigation attorney” ad notwithstanding. Every day consisted of a lawyer drafting identical boilerplate documents and managing a huge roster of foreclosure actions, mostly from the comfort of their own office. You don’t meet your clients – you just deal with banks and roll the cases through the system, one by one.

Having indirectly expressed the fact that I hated that sort of daily sameness, I didn’t expect a call back, nor did I receive one.

With the news yesterday that the now-embattled Baum firm is closing in the wake of scandals involving not only a tasteless and hateful Halloween party, but an allegedly predatory way of doing business, the awkward failure of that job interview was retrospectively awesome.  The Baum firm appeared to be a bad actor, and its way of doing business was coming back to haunt it. A lawyer friend of mine sent this to me:

Several years ago, I had my first case with the Baum firm. The residents in a three or four unit apartment complex had found a notice of petition and petition for a post-foreclosure eviction on the foyer stairs in their building.  None of them were served with the pleadings, nor did they receive the 10-day notice of the pending action. All of the papers were made out as against the pre-foreclosure owner/landlord, naming him as a resident of the property, along with his wife, a neighbor and any number of “John Doe” respondents.

When I called the Baum firm, the lawyer I spoke with (I forget the name) was adamant that service was proper and wanted to focus solely on how we could get my people out with a minimum of fuss. They had affidavits of service showing someone served the property owner (who had moved to South Carolina about three years ago), his wife (ditto) and the woman who lived at a next door address for (I believe) at least a decade, all as residents of the subject property.

I objected to this purported service, in our conversation, stating that none of my people had received papers and none of the named people resided in the property. The attorney I spoke with stated, basically, that he had affidavits of service so the action was going forward.

It wasn’t, per se, improper. He did have the proof of his case and it was on me to make the objection. If we had gone to court, I would have, and I wonder how it might have worked out. Instead, all of my people ended up leaving for new housing as the landlord was letting utility service lapse prior to the scheduled court date.

As a lawyer, though, I feel that I can’t just plow ahead. My clients sometimes lie and sometimes they don’t know the truth. If someone brings up a major issue in the case I’m working on, I feel it’s my professional and ethical duty to react appropriately. That might include being noncommittal to opposing counsel but researching behind the scenes. But it shouldn’t mean disregarding what I’m told and turning a blind eye to alleged abuse of process service or improperly commenced proceedings. The willingness of this Baum attorney to base a case on clearly fraudulent affidavits of service gave me an initial impression of this firm that I feel is only proven by all the news stories I keep seeing about their ongoing conduct.

If you take a look at the images that accompany the linked-to stories about the now-infamous Halloween party, you’ll note that the Baum employees were specifically mocking foreclosure defendants who claimed not to have received service of process – a key issue in any such case.

However, I’m torn on this one. I’d rather have seen Baum enter into a deal with Attorney General Schneiderman to pay a fine and reform the way it does business – to work to modify notes to keep people in their homes, with the understanding that abandoned homes, bank-owned foreclosures, and homelessness are to be avoided if possible. Because ninety people are losing reasonably well-paying white-collar jobs here in western New York, I’m not cheering the demise of this firm – yes, there’s a poetic justice with respect to the heartless and unfunny people who mocked the homeless and the victims of the foreclosure crisis, but that wasn’t representative of all the Baum employees who work there now.

I guess I wish those individuals the best, and hope they learned something from the experience.

1 82 83 84 85