NYCLU Sues Erie County Sheriff

The New York Civil Liberties Union is suing the Erie County Sheriff’s Office over its use of cellphone surveillance. The Stingray device is used by law enforcement to locate and track people; it mimics a cell tower, prompting a cell phone to transmit its location and identifying information.

Although a warrant is not always needed for some surveillance, sometimes it is.

Via Slate

 

The problem isn’t just broad-based surveillance of people’s cell phone signals, but the fact that law enforcement agencies refuse to comply with Freedom of Information requests seeking data on how and how often the Stingray is used.

NYCLU is suing the Erie County Sheriff over its refusal to turn over information on its use of Stingrays, pursuant to FOIL:

“The Sheriff’s Office has spent more than $350,000 since 2008 on this surveillance equipment – it is ridiculous for them to suggest they have no paperwork or records on the matter,” said NYCLU staff attorney Mariko Hirose. “The blanket denial of our entire request, without any explanation, only underscores their wholesale disregard for the right to privacy.”

She also questioned the sheriff’s claim that the information the NYCLU is seeking could reveal criminal investigative techniques or endanger the life or safety of a person. She said the information “will enhance the public’s understanding of the sheriff’s use of Stingrays.”

The NYCLU says the surveillance devices were developed for military use and are about the size of a briefcase. It says the devices mimic cellphone towers and surreptitiously prompt cellphones in their vicinity to deliver data to them.

“Armed with Stingrays,” it says, “law enforcement can – without any assistance or consent from cellphone carriers – pinpoint a person’s location in the home, in a place of worship or in a doctor’s office, collect the phone numbers that a person has been texting and calling, and in some configurations, intercept the contents of communications.

“Stingrays also can be used to conduct mass surveillance on people in an area, whether for a protest or a lecture or a party,” it says. “Even when used to target a particular suspect, Stringrays sweep up information about innocent individuals who happen to be in the vicinity.”

Good for NYCLU. It’s not that law enforcement shouldn’t have this tool; it’s that we have a right to know how it’s used, and whether it’s being appropriately used.

BREAKING: Erie County Legislature Does its Job

Logo_ErieCo_tpKudos to the members of the Erie County Legislature for acting like grown-ups (for the most part), and reasonably negotiating a 2015 budget that will lower the tax rate to under $5.00/$1,000 of assessed value, and ensuring that cultural and library funding remains in place.

The Republican majority trimmed about $2 million from County Executive Mark Poloncarz’s original budget proposal, and $300,000 was added to protect culturals.

There was some acrimony at the start of the session, with the Democratic minority complaining that the Republicans had not provided a breakdown of its proposals to them in advance. The session likely took longer than it needed to because of that, but in the end the budget was passed unanimously.

I’m still of the opinion that county government, whose main job is to act as a pass-through for state funding, is superfluous and unnecessary.  Abolishing county government is something I’ve been talking about since the budget crisis from the last decade, but it’s no less relevant now. The vast majority of what the legislature does is mandated and ministerial. Do we need this entire stratum of government to debate the small percentage of stuff that’s discretionary?

Pigeon, AwfulPAC Reportedly Under Investigation

Credit: Steve Pigeon, Via Twitter

It seems that when Erie County Democrats aren’t battling local Republicans, they’re busy ripping each other to shreds.  In its biennial outbreak of trench warfare between various Democratic factions, the party is too distracted by insider nonsense to remember how to win key elections.

In 2013, the Democratic headquarters/Jeremy Zellner faction endorsed several candidates for the county legislature, as well as Bert Dunn for county sheriff. The Steve Pigeon faction backed different candidates for all of those races, including Dick Dobson for sheriff. On its face, that’s no big deal – primary races during primary season.

But what may have started out as a typical Pigeonesque trolling of county HQ has developed some serious legs.

The suspected Pigeon modus operandi is to use go-betweens and shell corporations or LLCs to funnel money to, from, and between his candidates and certain campaign consultants and companies to do lit, polling, signs, and media buys. They use rhetorical sledgehammers to demolish their opponents with whatever smear they can muster – ask Sam Hoyt. It’s all a well-oiled machine that has few accomplishments, other than spending other people’s money and occasionally harming Democratic candidates in general elections.

The problem is that apparent campaign finance and disclosure violations are seldom investigated and almost never prosecuted.  At least, not in Erie County.

In 2013, Pigeon and erstwhile political commentator Kristy Mazurek set up the “WNY Progressive Caucus”.  It was set up as a PAC – the election law doesn’t use that term, but as an unauthorized committee, the WNYPC could raise and spend money to donate to specific campaigns, but was not allowed to coordinate with them, or spend money on their behalf. I called it “AwfulPAC”.

In early September 2013, just weeks before primary day, the WNYPC paid for thousands of pieces of literature to be mailed to voters, slamming legislative candidates backed by party headquarters; most notably, Tim Hogues, Betty Jean Grant, Wynnie Fisher, and Lynn Dearmyer. By way of example, one piece of WNYPC lit slammed Hogues for being a “Republican”, and promoted the candidacy of his challenger, Barbara Miller-Williams – a woman who quite literally conspired with Republicans to mount a legislative coup in 2010.

WNYPC’s disclosures were not complete.  For a time, it showed the PAC to be in the red – a big no-no. Disclosures came in late. Disclosures were inaccurate or misleading, in one instance showing a donation from a different, long-dormant Pigeon-associated PAC, “Democratic Action”.  What was odd about that purported $9,000 donation from Democratic Action was that it did not disclose any outflow of money during the same 2013 cycle, and had most recently showed a fund balance of $2,400 and a concomitant “no activity” report with the Board of Elections.

Dick Dobson embarrassed Bert Dunn on primary night. Dunn decided to waste his money and run on a tailor-made third party line, unsuccessfully. WNYPC abandoned Dobson, however, during the general election. None of Mazurek’s legislative candidates won, so she used Michael Caputo’s PoliticsWNY.com to smear Wynnie Fisher, who had defeated Mazurek’s candidate, Wes Moore.  Apparently, Fisher and her neighbors don’t get along, so a story was planted accusing Fisher of being crazy.

The problem was that the letter was sent to Wes Moore at an address in Lancaster. But Moore’s campaign committee was based in the Nanulas’ offices in Clarence. The Lancaster address was a house on Doris Avenue where Mazurek was living, and which also served as the mailing address for WNYPC. There was, on its face, a smoking gun of coordination. How and why would Wynnie Fisher’s neighbors decide to send a letter to an address for Wes Moore that didn’t exist in nature?

In late September 2013, Tim Hogues and Betty Jean Grant, with an assist from anti-Pigeon transparency advocate Mark Sacha, filed a formal complaint with the New York State Board of Elections, accusing Pigeon, Mazurek, and WNYPC of various illegalities and violations of campaign finance law.

Geoff Kelly reports at the Public that the investigation has wings .

After the County Board of Elections resolved to investigate the complaint, it was turned over to the state BOE, which in turn appears to have turned it over to the Attorney General’s office and State Police. Once an investigation such as this is put into the hands of people outside of Buffalo, you know that the threat of shenanigans is decreased exponentially.

Kelly reports that police interviewed several people at the county legislature. I have confirmed that at least one of the legislative candidates from 2013 was also interviewed.  Subpoenas have been issued and action taken to enforce them. Don’t be surprised if forensic accountants are trying to account for all the money – where it came from, and how it was spent.

Kelly also reports that real estate deals and former Deputy Mayor Steve Casey are under investigation. This likely has something to do with the Seneca Mall project, where Casey is now employed.

For once, at long last, it seems that campaign finance and election laws are being enforced in a serious way. Will there be a prosecution? Time will tell, but something big is going on behind the scenes, and it’s being directed by very serious people from outside the area.

Cuomo: Epic Trolling of Paladino

On Tuesday, Governor Cuomo’s official Facebook page displayed this message:

Governor Andrew Cuomo - Google Chrome 2014-11-26 11.36.45

 

An observant local Twitter user identifies the house on the left as that belonging to Carl Paladino.

Indeed, a check of relevant records, and of Google Maps reveals that the house on the left in this image is the one belonging to Paladino – you can tell by the flags and political signs.

An epic troll by Governor Cuomo of his 2010 rival and consistent critic – using Paladino’s house to raise money for the Food Bank and Meals on Wheels.

slow-clap

 

Slow clap.

Campaign Finance Irregularity Wednesday

Cheers to Steve Pigeon and Kristy Mazurek, who have managed to crowbar their names back into the news. They have either found or manufactured a crisis, accusing Board of Election workers of destroying NYSUT apparatchik Mike Deely’s petitions for county committee.

Is it true? Who knows, but the accusation has been trumpeted, and it’s now Dennis Ward’s and Jeremy Zellner’s problem to unfuck. From Caputo’s PoliticsNY.net

Mike Deely, regional staff director of the New York State United Teachers Union. He’s one of the largest donors to the ECDC over the years and a longtime member of the party’s executive board. Deely recently joined PMB forces, upset with the direction headquarters has taken in the last year.

In the meantime, West Seneca has (naturally) been the epicenter of Pigeon’s and local Conservative Party head Ralph Lorigo.  Steve Casey’s departure from City Hall to become the CEO of the monstrous Scott Congel-led Seneca Mall project underscores the political nature of that project. 

Floridian billionaire Tom Golisano is talking about joining with Congel for the location of the Seneca Mall, near the I-90 and Ridge Road. That land deal has been on simmer since late 2013, at least. 

Pyramid Management Group out of Syracuse have been sniffing around the Seneca Mall since at least last summer.  Look at this August 2013 article from the West Seneca Bee regarding the approval of $50k for town SEQR review of the Seneca Mall site. 

Though not much other detail was offered at Monday night’s Town Board meeting, the board unanimously approved a feasibility study to be performed regarding the proposed development of the former Seneca Mall site at a cost not to exceed $30,000…

…[Town Councilman Eugene P.] Hart said he had just learned of this resolution the day of the vote. Henry said it all came together “pretty quick.” He said the town was required to have the grant application submitted by Aug. 12, hence the need for immediate action.

“It seems very cryptic when you read it,” said Hart. “People will wonder what’s going on.”

[Supervisor Sheila] Meegan said she realized that, but they can’t “spill the beans.”

Hart also told the public that it is the intent of the board to rezone the former Seneca Mall site from industrial to commercial, as per the owner’s request. He said he could not offer much information but did say the proposed development would be a “game-changer” for the town.

Councilman John M. Rusinski said a delicate balance must be struck between the needs of the taxpayers and the needs of the developer. Both he and Hart said the feasibility study is being done in order to protect the interests of the taxpayers.

“Economic development is important to the town,” Rusinski said. “This project is a good thing.”

The Town Board Minutes of October 17, 2013 reflect that Supervisor Meegan made a motion, seconded by Rusinski, to authorize Meegan “to execute an agreement with Camoin Associates to conduct an economic and fiscal analysis for the Seneca Mall site.” 

On the question, Councilman Rusinski stated he agrees with the study but expressed concern about the verbage. He referred to a previously passed resolution which states the dollar amount is not to exceed $30,000, yet an attachment in the agreement shows a fixed fee of $25,000.

Town Engineer Richard Henry responded this was his mistake. The fixed fee language will be removed and the agreement will be amended to read “not to exceed.”
 
Councilman Hart stated he has numerous concerns and commented if this project were to go forward it will be considered huge and impact all of Western New York, yet they do not have a lot of information about the developer. He did not feel they had enough information to go forward at this time and questioned spending $25,000 when there are so many unanswered questions such as infrastructure and sewage.
 
Mr. Henry responded he has spoken with Camoin and they are aware they have to have more information from the developer in order to go forward. Upon approval, Camoin will present the developer with a list of questions. Mr. Henry stated the purpose of the study is to assess the fiscal impacts to get the answers so they can go forward.
 
Councilman Hart suggested the developer provide the town with $25,000 and the town will spend it on their behalf and do the study.
 
Town Attorney Shawn Martin responded the developer should not pay for a study that the town is requesting.
 
Supervisor Meegan stated they will be finding out what the potential is for the town’s investment and whether or not the investment will have a return for taxpayers. She commented that the town has an opportunity to do something and they cannot continue to let the site sit there as it has for so many years. The developer is asking for assistance to pursue a Seneca Place project of 3 million square feet of mixed use buildings, community center, retail, residential, office, hotels, parking, etc. Supervisor Meegan stated this project will not go forward at risk to the Town of West Seneca taxpayers.
 
Councilman Rusinski stated that West Seneca is screaming for economic development and the town has made the mistake of being too idle in the past.  The analysis will provide insight as to whether this type of development has economic potential for West Seneca. He did not feel any board member would put taxpayers at risk.
 
Councilman Hart stated there doesn’t seem to be any involvement by the IDA’s or the development corporation of New York State and he feels there should be more substance with regard to the developer’s marketing and business plan. Councilman Hart questioned how soon information will be provided to the board members and if the recommendations and numbers will be made public at that time.
 
Mr. Henry responded they have a total of 60 days; 30 days to gather the information and another 30 days to compile the information and report back to the town.
 
Mr. Martin stated if the report has an exception with regard to acquiring property or contract negotiations involving costs, information will not be made public.  He will have to see the report before he can make a determination as to whether or not the information provided will be made public at that time.
 
Councilman Hart stated he is ready to discuss the entire project with the public so they are fully aware of what the proposal is. He would like to see the Seneca Mall property developed and is willing to look for his own developer and take the property by eminent domain to acquire a reasonable project.
The motion carried unanimously. Lorigo’s involvement, at minimum, has to do with the fact that his office is located at the Seneca Mall parcel. Why did this come up last summer? Because of what I called the AwfulPAC; the now-defunct “WNY Progressive Caucus” was the Steve Pigeon / Frank Max / Kristy Mazurek effort to disrupt the Democratic Party and defeat certain of its county-level candidates.
 
AwfulPAC benefited from a huge cash injection from nominal Democrat and pro-life-oh-wait-pro-choice Tim Kennedy. But at the time, a singular donation of $25,000 from the International Union of Bricklayers and Allied Craftworkers Local 3 was quite puzzling, and no one reported on it. 
 
 
No one understood why it was made, and it’s glaringly odd because a $25,000 donation would have practically emptied the union’s account. The image above is taken from Mazurek’s AwfulPAC 11-day pre-primary filing. By contrast, this is what the Bricklayer’s union’s disclosure shows on its 11-day pre-primary filing: 
 
 
We’re meant to believe that a union with only $28,000 on hand is emptying its account to fund the AwfulPAC? Indeed, a scan of this union local’s intake and outflow shows modest amounts – a few thousand coming in, a few hundred going out. It reports $5,000 to current Rochester Mayor Lovely Warren in its 11-day pre-General. It gave Sean Ryan $500 bucks. Its July 2013 report shows a little over $1,000 to Tim Kennedy, but at no time did the BAC Local 3 report $25,000 to the “WNY Progressive Caucus”, and such an outflow appears on no disclosure report whatsoever
 
So, what’s going on? 
 
 
 
As Pigeon and Mazurek hyperventilate over allegations of supposed petition-destruction – something that despite years and years of open and obvious, internecine Democratic warfare has never happened before – let’s not let them off the hook for their own, more glaring and apparent sloppy campaign finance irregularities. 
 
New York State Democrats’ inability to get out of their own damn way is neither novel nor unique. Witness the spectacle just this week,  as a liberal gubernatorial challenger, Zephyr Teachout, is holding anti-Cuomo press conferences with right-wing Putin lookalike winner Rob Astorino. Hell no.
 
You want to make a point about the shutting down of the Moreland Commission? Do it. You want to call out the governor with his Republican challenger standing next to you? You just lost me. 
 
Here in Erie County, Nick Langworthy has the easiest  job in the world. He doesn’t need to do a thing when he has an endless parade of job-hungry nominal Democrats around to repeatedly sabotage whatever the county committee tries to do. 

County Leg: Making it Rain

The County Legislature bipartisanly took the bold step of literally just wildly throwing money – $5 million of it – at the beleaguered road network. Surely our roads are in need of repair, thanks to a brutal and relentless winter, but is it too much to ask Republican legislators to actually set up a plan, or maybe name some priorities, before they shame everyone to spend money so prospective opponents can’t label them as anti-road? 

Seriously. This kind of spending is typically what Republicans criticize Democrats for.  But it’s ok if it’s roads, because almost all county roads are in the suburban districts. 

We need to review the county road network, which grew without control under the old Board of Supervisors, and determine what roads should be maintained by the regional government, and which should revert to local control. 

Betty Jean Grant: GOP Staffer Had Prohibited Smartphone

Remember the little audit that wasn’t? It supposedly uncovered the Democratic legislative majority’s (which was actually a Republican-led coalition between 2010 – 2012, but who’s counting), wasteful spending on snacks and toner by the Democratic legislature over the last five years.

While political in purpose, I suspect that the review’s purpose was to weed out wasteful or improper spending, regardless of party. That’s not, however, how it’s shaken out. While Democrats were criticized for “troubling” and “blatant” waste and lack of oversight, the Republicans escaped criticism.

Minority leader Betty Jean Grant is accusing Comptroller Stefan Mychajliw of covering up improper cell phone use by a former Republican leg staffer and current Mychajliw employee, Bryan Fiume.

Grant specifically charges that Mychajliw’s office is whitewashing Fiume’s misdeeds.

Fiume worked at the legislature as Minority Chief of Staff, having been hired immediately after the January 2010 ‘Coalition’ fired 11 Democratic staff members in the reorganization that year.  Fiume moved over to the legislature from County Executive Chris Collins’ office that year, and Fiume remained as Minority Chief of Staff until late December 2013, when Mychajliw hired him as his Chief-of-Staff.

Democrats charge that Mychajliw’s hyperpartisan review of legislature spending omitted the fact that Fiume has been wasting Erie County money for years, after somehow gaining access to a taxpayer-paid Erie County smart phone, without ever telling anyone.

The legislature’s 2012 policies and procedures are here; the document for 2013 is here. The legislature expressly forbids any taxpayer-funded cellphones or smartphones for staff. Grant has now sent a request under the Freedom of Information Act to obtain Fiume’s cell phone records to find out what, exactly, the county paid for.

Betty Jean Grant FOIL

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Below is the Comptroller’s review of “DISS Use and Control of Wireless Devices” (DISS stands for Department of Informational & Support Services) that was clocked into the legislature two weeks before the legislature’s review of expenditures. It received no attention, and no breathless hyperbole from the traveling Comptroller.

Comptroller Review of Wireless Devices in Erie County

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The Wireless Devices’ review disclosed (PDF page 14) that Fiume had a County-issued smart phone during the review period – possibly from the time he left Collins’ office until the day he left the legislature.  He was, actually, the only legislative employee – staffer or elected – who had a county-issued phone. If you look at the policies and procedures shown above, they expressly state,

Cellular Telephone – Cellular telephones and other portable communication devices are not budgeted for [2012 and] 2013, and are not reimbursable expenses.

A communication from DISS submitted to the legislature following the Wireless Devices’ review indicated that Fiume surrendered the smart phone in late December 2013.  Grant wants to find out more details about this, because it’s possible that Fiume enjoyed the use of a contraband socialized smartphone for almost four years. In her FOIL letter, Grant writes,

…according to the Wireless Devices’ review, “Chapter X, Section 10, of the Erie County Personnel Policies and Procedures Manual details the official policy regarding the use of wireless telephones,” and specifically lists “key administrative staff” as employees eligible for use of such devices. As the former Chief of Staff for the Minority Caucus at the Legislature, not only did Mr. Fiume have no authority allowing him use of a taxpayer-paid smart phone pursuant to Legislature policy, he also was not in any “key administrative staff” position while employed by the Legislature.

County wireless policy further prohibits, as stated in the Wireless Devices’ review,“the transfer of wireless phones from departments or worksites and/or changes in services ‘without the direct authority of supervision’

Consider that this should have clearly fallen well within the five-year review period requested by Chairman John Mills, and also constitute “wasteful spending”;  such a low-level employee would have absolutely no legitimate public need for such a prohibited device.  Yet Mychajliw chose not to include this in the legislature review?  Why? Why did Fiume not surrender the smart phone when Collins left office?

Grant is also going to try to find out why the legislature had no information whatsoever about this hidden smartphone, which appeared in no contemporaneous budget documents, and in contravention of longstanding leg policy.

This is alarming not because of the amount of money involved – Fiume’s smartphone cost the people around $50 per month. It’s alarming because of the contravention of policy, and how the Comptroller’s office is playing politics with its role as watchdog. Mychajliw excoriated the Democrats for mistakenly overpaying a stamp reimbursement by $0.90, but is ignoring this apparent blatant violation of county rules and regulations by a close friend and aide.

That’s not how good government works.

 

The “Audit” that Wasn’t an Audit

Erie County Comptroller Stefan Mychajliw took a break from his busy schedule visiting random cultural sites and eating lunches at various and sundry senior centers, and released an “audit” revealing $70,000 in expenditures over five years that Mr. Mychajliw doesn’t like. The new Republican majority in the legislature commissioned this “audit”, and the best anyone could do was to find about $14,000 per year in allegedly excessive spending each year between  2009 – 2013.

“Audit” gets scarequotes because it wasn’t an audit. Even Mychajliw’s office calls it what it was – a review. It was not subject to any of the requirements or restrictions necessary within an audit environment.

For a $1.1 billion operation, $14,000 per year isn’t that horrible. But don’t tell the Comptroller that.

The manner in which taxpayer dollars were spent is troubling. We are concerned by the blatant misuse of county funds. The lack of oversight on spending leaves us disheartened,” Mychajliw said in a statement announcing the release of the audit

That strong language is out of proportion with the actual findings. The findings showed some pretty mild incidents of  unnecessary and excessive spending, but no “blatant misuse” or some pervasive “lack of oversight”. When does Stefan’s campaign end?

Wasteful? There are a few items that could have been handled differently, but nothing excessive.  Take a look at the major findings.

The 45-page report details nearly $5,000 that the Legislature spent on personal items. These included expenditures for snacks that were provided to outside guests who were honored by legislators at their bimonthly meetings; flowers; a shoe rack and the cost to stock some district offices with toilet paper.

Here’s what Democratic minority chairwoman Betty Jean Grant said about the snacks:

…most the food was purchased for World War II, Korean, Vietnam and the current War Veterans who have served their Country and who are members of the Valor for Valor Committee I created to assist our veterans. The refreshment they consumed after the county hall meetings, were not nearly as expensive as some of the things they lost such as limbs and even the lives for those who did not make it back. Someone needs to be ashamed of this despicable show of narrow-mindedness.

And toilet paper. Toilet paper? Do you remember during the red/green budget fiasco of the last decade, when the county couldn’t afford to stock the bathrooms in the Rath Building with toilet paper, so Charmin donated a truck’s worth?  Setting aside for a moment whether district offices are necessary, if we’re going to have them, are we going to begrudge their bathrooms having county-funded toilet paper? What’s next? Toner? Paper?

The report also notes how the Legislature spent too much on toner for the printers it leased and how it continued to cover the cost of Internet access for one of the Democratic legislator’s district office nine months after it was destroyed by fire.

But better still is how Mychajliw’s release characterizes this:

The Legislature spent almost $5,000 for personal items like flowers, cakes, meals, shoe racks, toilet paper, stamps, potato chips, plastic utensils, tissues, cookies, even soil.

OMG EVEN SOIL!!1!

And if you still don’t think this was a wholly political play, regard this line from the exit conference section of the review:

During the Exit Conference, some concerns were addressed regarding the severity of some of these issues and the verbiage which was used in defining them. Due to this, verbiage in some instances within this report has been changed to more accurately reflect the issues found.

UPDATE: Did you catch this line? 

“I think the most important thing to note is the fact that the Legislature initially wanted us to look at just one year of spending,” Mychajliw said. “When we showed them what we found just over one year, they formally asked us to expand it to five years and go deeper.”

A correspondent notes that this comment is false.This letter from Legislator John Mills, dated February 18 specifically requests a five-year review. The Comptroller’s office’s review entrance letter is dated the same day (efficient!), and notes – ab initiothat the review will be for the 5 year period of Jan 1, 2009 to Dec 31, 2013.  So, the 5 year period was decided on day one, before any data had been compiled, transmitted, and well before any data had been reviewed. Indeed, none of the information was due until February 25th. Nobody ever “formally asked” anyone to “expand it to five years”. There exists no earlier letter asking for a one-year review.

I’ll grant you the internet access thing is, I suppose, “wasteful”, as is the retention of an official photographer – although the photographs are presented to recipients of various awards, and make these people feel appreciated.  But the review itself reveals that Time Warner is refunding the money. There is the matter of a 45-cent stamp for which a staffer was reimbursed three times. I offer that staffer my thoughts and prayers, as he or she works to repay that $0.90 debt to the county. This is petty within the literal meaning of that word, coming from the French petit or small.

We already know that honoring people is most of what the legislature accomplishes.  If you want to talk about wasteful spending, it’s can rationally be argued that having an Erie County Legislature is, itself, fundamentally wasteful; its ministerial, rote “functions” outweigh its discretionary ones.

To give you some perspective, here’s what I wrote about the toilet paper fiasco of ’05.

Charmin wants to donate a truck’s worth of Charmin to the Rath Building. George Holt has already allocated some of his member money to his brother’s son’s girlfriend’s shell company, which knows a guy who can get some toilet paper that fell off a truck. So, they don’t need Charmin.

Thankfully, that sort of intentional and pervasive George Holt/Chuck Swanick style corruption is long gone. So is member money.

This whole thing is a persuasive argument against the continuation of partisan elections for the legislature. If this had been in any way legitimate, it would have been undertaken without the “aha” confrontational tone. None of this stuff is a big, earth-shattering deal, and there is no evidence whatsoever of deliberate waste or wrongdoing. The excessive rhetoric in the review and its accompanying press materials belies the notion that this was an apolitical review of allegedly excessive spending.  It is, instead, a wholly political piece of campaign literature.

And you paid for it.

I’m Offended You’re Offended

It’s a jokey thing to do – “pardon the butter lamb”. Erie County Executive Poloncarz did that sometime during that week before Easter when Polish WNYers rediscover their old neighborhood.  This attempt at humor (you can’t really pardon a thing that doesn’t live) has outraged at least one person,

In what at first appeared to be a harmless political stunt, Erie County Executive Mark C. Poloncarz ventured over to the Broadway Market to pardon a butter lamb today. For some community leaders in touch with their Christian faiths, it wasn’t so harmless after all.

“It is clear that Mr. Poloncarz and his staff are blatantly ignorant to the significance of the butter lamb and its portrayal of Jesus as the Lamb of God. The title Lamb of God was given to Jesus by the Apostle John to clarify to the flock that in giving his life for mankind, he embodied the ultimate sacrifice,” said one Catholic political insider. “For Mark Poloncarz to think he has the ability and authority to pardon that sacrifice, eliminating it’s necessity – even if it was just a political stunt – is incredibly offensive. We are in the midst of the holiest week in the liturgical calendar, and there is just no room for such ignorance.”

The first reaction a reasonable person might have might be, “lighten up, Francis”.

The second reaction might be to pose a question. If the lump of butter molded into a lamb shape and sold in a box is such a holy portrayal of Jesus, why are we cutting it with a knife and eating it? Are we all Romans, symbolically sacrificing a dairy portrayal of the Messiah?

It was a joke – a marketing stunt.  It was an effort to promote Buffalo, the Broadway Market, our Easter traditions, Polish heritage, and the company that makes the butter lamb. Google it, and you’ll notice that the stunt worked – it was picked up as a “weird news” story on the AP wire, and  ABC, MSN, Fox, the Times of Malta,  and the Washington Post all ran the story.  Poloncarz didn’t just pardon any old lamb, but one manufactured by the Malczewski company, which gleefully promoted the Poloncarz pardon on its Facebook page.

How does the “Catholic insider” jibe his offense with Exodus 20:4 – 6?

Maybe don’t be so offended. He wasn’t really pardoning anything, and the butter lamb isn’t Jesus. 

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