Mychajliw vs. Shenk for Chief Budget Nerd

The race for Erie County Comptroller is something we all know about, but understand little. Including one of the candidates for the office.

The Comptroller is our chief budgetary nerd. He keeps an eye on where the money’s coming from, how much there is, and where it’s going. He makes sure that the money is being spent the way it’s supposed to be spent, and he conducts audits from time to time to examine just that. Because budgets are prospective, it’s important to know throughout the year how we’re doing with its predictions, and in the end, how we did – did we overspend? Is there a surplus? Did we hit it just right? So many variables can skew the numbers in a given year. 

It’s not an inherently political position, although it’s an elected one. The comptroller should be independent of the legislature and the County Executive. The comptroller should conduct monitoring, auditing, and borrowing without regard to the political expediency of any of it, and instead act in what he believes is the best fiscal interests of county taxpayers. He should be a watchdog, and not anyone’s lapdog. 

That’s why Mark Poloncarz and Chris Collins didn’t get along; Collins was not used to, and didn’t like, having his decisions subject to careful review and monitoring, so he clashed with the Comptroller’s office almost constantly. 

Now, we have David Shenk, the interim Comptroller appointed to complete Poloncarz’s second term running against former journalist and current public relations specialist Stefan Mychajliw. Mychajliw, you’ll recall, was Collins’ campaign spokesman in 2011. 

Mychajliw is running on his youthful vigor, his easy way of connecting with voters, his pledge to be independent, his immigrant bona fides, his personal thriftiness, and his experience as a Channel 2 “redcoat” TV journalist, who asks “tough questions” of politicians. Shenk is running on his record as Boston Town Clerk and having had his mettle tested in the military. It’s been a relatively quiet campaign until this week. 

First, Mychajliw ran an ad pledging that the first “audit” he would conduct would look into the “friends and family” hiring practices in county government. That’s fantastic, but completely outside of the job description of a Comptroller. Hiring “friends and family” through patronage or nepotism may be something we don’t like because it is, or seems, unfair, but it doesn’t affect county finances unless you’re creating a new job for the person. Presumably, the underlying position and its related costs would already be accounted-for in the budget, and the decision on hiring is not reviewable or subject somehow to audit. 

Auditing is about money – not politics. 

Pledging to audit hiring practices is silly, but how exactly will he have the power to “end it”? He doesn’t have legislative powers, or even executive power with respect to changing that. And if a “friend” or “family” is qualified for the job, what objective harm is being done to the county coffers? 

This is WBEN / Red Coat stuff. That’s why Shenk replies with this: 

[youtube http://www.youtube.com/watch?v=PELCKGD0cDg]

But more importantly – what qualifications does Mychajliw have to be Comptroller? Remember how Poloncarz’s detractors said he was unqualified because he didn’t have a CPA? Well, he didn’t, but his staff did, and Poloncarz has a JD and had extensive experience in corporate finance law. Mychajliw, on the other hand, has no such experience, no such advanced degree, no qualifications whatsoever to be chief budget nerd of Erie County. His LinkedIn page reveals undergraduate degrees in political science and broadcast journalism. That’s it.  Shenk has an undergraduate degree in management, and has been Boston Town Clerk and tax collector for 20 years

But when you examine the two candidates, who has an understanding of what’s going on? Here’s a telling exchange from a recent debate between Mychajliw and Shenk:

[youtube http://www.youtube.com/watch?v=hOsxn5LB6EY]

Not an exciting race by any measure, but it seems as if one candidate – Shenk – has a better grasp of not only the facts, but the terminology. 

Swanick’s Money

Who is funding Chuck Swanick’s Conservative Party run in the 60th State Senate District? We’re told that he’ll do nothing to affect marriage equality, but…

It’s somewhat heartening to know that – at least financially – Swanick finds very little support locally, except from the likes of erstwhile Democrat Joe Mesi. 

Curious Funding of the Chris Collins for Congress Campaign

Here’s a document that congressional candidate for NY-27 Chris Collins (R-Clarence) filed with the FEC. It is his final pre-general election filing, and shows who gave him money, and how much. (Carl Paladino maxed out back in June. So did Robert Stevenson, and in October a whole bunch of PACs, local business figures, companies, and committees paid up

The federal limit for donations in a general election congressional campaign is $2,500. You’ll notice, however, that there are a lot of donations that exceed that amount, and are checked off with “primary” next to them, and are made well after the primary election ended. Collins can only use those donations over $2,500 marked “primary” to pay off his own loans to his campaign, (the primary election took place in June).  Is Collins informing his donors – some of them signing off on $5,000 checks – that their money is just going right back into his pocket?

It’s a tricky way for Collins to, essentially, double-fund his campaign – he loans the campaign money in the primary, raises primary funds to pay himself back, and then re-loan the money he raised in primary funds and paid himself back with the campaign to use in the general.  
 
Over the course of this election cycle, Collins has loaned his campaign $250,000 in the pre-primary filing, $400,000 in the October quarterly filing.  (Why is something called the “Western New York Victory Fund” located in a medical complex in Athens, GA? Also: 
 
 
 
All the while, Bob McCarthy can ooh and ah over Collins’ substantial war-chest. 
 

Collins

http://www.scribd.com/embeds/111444894/content?start_page=1&view_mode=scroll&access_key=key-10rvpsh8rub5wn1edb6x

Chris Collins and the Dictatorship of Petty Bureaucracy

Chris Collins

In March 2007, the Erie County Republican Party unanimously endorsed Chris Collins as its candidate for County Executive. After two Giambra terms, replete with cheap politicking and fiscal disasters, Collins seemed to be a successful guy with novel ideas on how to take the county forward.  He pledged to reform county government, rebuild our economy, and restore jobs. I predicted that he would win as early as April of that year.

During the campaign, it was revealed that Collins had loaned money to an East Side slumlord and the debt went bad. When that happened, Collins could have foreclosed and re-sold the properties, or write it off and let them rot. Collins chose the latter, and it’s indicative of his complete lack of any empathy or engagement on urban issues.

He did win, and within the first 12 hours he pledged to hire a “Six Sigma black belt” at tremendous public expense to implement what average people call “common sense”. He eventually hired six-figure Six Sigma people. He even hired someone at over $100,000 to determine how to use county space. But he was doing good, simple things, too. Things that didn’t need million-dollar consultants.  However, in looking back on his first 100 days, there was a lot of stuff I liked.

By July 2008, top people were leaving his administration.  By August, it was becoming clear that Collins wasn’t one of us. He was one of them.  Let’s call it the dictatorship of the bureaucrats – elected officials and their hangers-on cutting petty deals over petty things, rather than addressing the big picture and providing this region with a vision.

Here, we are run by people like Brown and Casey, who are busy trying to engineer a party-political coup (and failing), or by people like Chris Collins who sweats the small stuff just fine (GPS in cars, running government “like a business”), but doesn’t really have any sort of overall vision for what he wants WNY to become. Brown and Casey are hacky members of a cliquey politburo; Collins is bureaucrat-in-chief.

He managed to do an end run around a sleepy legislature to get rid of Tim Kennedy’s Apprenticeship Law.  Under the law, companies bidding on county-funded construction work over a certain dollar amount had to maintain and participate in a state-certified apprenticeship program to teach young workers a trade.  As a commenter below notes, the program “demonstrates a commitment from a contractor the willingness to invest in our own area’s youth.  Also, the program provides for the base and structure that will allow for a competent, unbiased and impartial approach to ensure that when a graduate of the program earns the title of journeyman that they are indeed schooled in all of the requisite work a person with that title should be able to perform within a specified jurisdiction.  Finally, the law would ensure that New York State and local residents had a better chance of being employed on county projects.  The law was in fact largely passed due the discovery of circa 10 illegal workers being found performing asbestos removal in the Rath Building after the award of a contract to do the work to an out of town contractor.”

People like Chris Collins and Carl Paladino vehemently opposed the law for a reason and a pretext – the reason was that it helped keep private-sector union trades strong, which is anathema to Buffalo’s puny plutocrats. The pretext was that it drove up the cost of this sort of work. Yet as far as anyone can tell, there doesn’t seem to have been some sudden surge in construction since – and due to its – repeal. It’s part of the contemporary Republican ethos to destroy any protection for workers, whether it be good benefits, a living wage, and collective bargaining rights – the right of management and owners to dictate the terms of employment as an adhesion contract with absolutely zero regulation over wages and conditions; a reversion to the days of the Triangle Shirtwaist Factory.

Taxes. Chris Collins pledged to lower them. Even today, he rails against job-killing high taxes. Are you totally incensed by Mark Poloncarz’s proposed 2013 budget, which includes a 3.4% property tax hike? Then Chris Collins’ October 2008 3.6% tax hike proposal must have really made you angry.  You must have been even more outraged with what happened later on, when he ended up demanding a 4.8% tax hike. Collins started cutting programs that help the urban poor and diverting money to fixing up suburban roads, calling them a quality of life issue. It was soon revealed that Collins kept a $16 million Medicaid liability off the books.

In the meantime, there was no explanation why 10 months’ worth of Six Sigma implementation at great public cost had not resulted in any palpable cost savings. The Democratic legislature amended Collins’ proposed budget to change its priorities and decrease the tax hike. Collins claims that Six Sigma saved a couple million dollars. Never has that claim been audited, reviewed, or backed up with any facts or evidence.  By all accounts, it cost taxpayers a couple million dollars, and few people know that Collins isn’t even certified as a Six Sigma anything. It’s as if government was being run by a malevolent, trendy management tome.

In the end, it was a choice between a Collins-backed 4.8% property tax hike, and the Legislature’s 0.0% hike. A Supreme Court Justice ruled that taxes would go up 1.6%. Chris Collins didn’t just raise your taxes, he went to court to make sure he could do it.

Meanwhile, you’ve probably heard Collins rail against the Obama stimulus, a collection of tax cuts and appropriations for public works; Keynesian pump-priming to address a growing crisis of falling economic demand. Back in 2009, however, Collins sang the stimulus’ praises.

“As County Executive, I believe strongly that infrastructure improvements are critical to the growth of Erie County,” said Erie County Executive Chris Collins.  “At a time when county resources are scarce, a possible injection of federal dollars could have a tremendous impact on Erie County’s aging and neglected infrastructure.  Funding for even a fraction of these projects would represent a significant investment in our community, the opportunity to hire thousands of local workers, and reduce our need for capital borrowing in the future.”

Senator Schumer made sure that the county received $750,000 in stimulus funding to balance the budget and offset Medicaid expenses. When all was said and done, Collins has $41 million in Obama stimulus money to thank for padding the county’s coffers. Money that was intended to be used to help spur demand and create jobs was instead shunted – like Giambra’s tobacco settlement money – into one-shot salves for budgetary shortfalls. He was downright cavalier about sitting on a pool of free money that was supposed to be put into the economy.

Unlike in his private business affairs, County Executive Collins was subject to financial oversight. This was not something he enjoyed, and he pushed vindictive cuts to the Comptroller’s office, which would have laid waste to any meaningful accountability for what Collins was doing.

Frankly, someone should ask Collins’ former spokesman, Stefan Mychajliw – who is now himself running for County Comptroller – what he thinks about what Collins tried to do to then-Comptroller Poloncarz’s office’s ability to do its job.

In April 2009, Collins completely disregarded an effort to implement a regional framework for planning and growth in a region where we have sprawl without population growth. Again- a lack of vision in favor of bureaucratic stasis. But his gamesmanship became epic, whereby the Legislature would legally override a Collins veto, and Collins would respond by simply jettisoning democratic procedure aside and declaring the override “null and void”

Throughout his administration, Chris Collins was fighting the Justice Department, which demanded that the county improve conditions in its jails. 2009 brought a legislative election, and Collins was set on jury-rigging the system in order to ensure that the second half of his term would be less litigious. He hired Kathy Konst as part of a ploy to leave the (D) line unoccupied. Collins pick Dino Fudoli went to court to keep his Democratic opponent’s name off the ballot. Fundamentally undemocratic gamesmanship, and it should taint Collins and Fudoli in perpetuity. Hell, Collins used an official Twitter account for electioneering purposes.

Collins’ proposed 2010 budget played with the numbers to keep taxes steady, but no spending was cut. None.

Most of you will remember his horrible thing Collins said, calling Assembly Speaker Sheldon Silver the “anti-Christ”. It wasn’t the first time he used it, and it was a theme that Carl Paladino picked up on the following year, with similar electoral effect. Even though Collins had a good 2009 election, it didn’t make him happy; it made him angry. But as 2010 began, Erie County finally settled its disputes over payments to ECMC. Soon after that, Collins conspired with the Mayor’s people and Pigeon’s people to obtain a de facto Republican majority on the Legislature. All it took was Barbara Miller-Williams, Christina Bove, and Tim Kennedy to agree to join a so-called “reform coalition”, which reformed nothing. Except hirings and firings. Tim Kennedy did this in spite of Collins’ destruction of his beloved Apprenticeship Law, in order to secure the Independence Party line and be elevated to the State Senate.

In January 2010, Collins was again caught with his foot in his mouth, having asked Republican fundraiser Laura Montante Zaepfel to give him a “lapdance” before she could get to her seat at the State of the State address. Next on his agenda was to take away day care benefits from the working poor in Buffalo and WNY. But we did finally get rid of the Convention Center’s FailSignWhen not declaring legislative veto overrides “null and void”, Collins decided simply to refuse to fund things he didn’t like. Nevertheless, in running government like a failing, closely-held business, Collins created new jobs for pet projects, didn’t cut spending overall, and was facing a massive 2011 deficit. At least he had a compliant, but horribly run legislature

collins-20121016-233135.jpgCollins then turned his ire towards the culturals, and this teed off the central theme of the 2011 County Executive race. The budget process in late 2010 was uglier than ever, and more shenanigan-laden than usual.

Six Sigma – Collins claims it worked. How did it work? The control board granted the county about $1.1 million in efficiency grants to set the program up. Six Sigma salaries: just over $470,000. Six Sigma fringe (60%): Just over $280,000. Vendors (5 vendors, including UB): Just over $610,000. TOTAL:  Just over $1.37 million. How much did it save? You can hear the crickets chirping.

Debating Kathy Hochul, Collins blasted the Obama administration for “picking winners and losers” by having the government take GM and Chrysler bankrupt and using public money to invest in those companies and effectively bailing them out. By doing so, about a million jobs were directly saved, keeping the economy from going from recession to depressionary spiral. But Collins didn’t have a problem using the Erie County IDA to pick winners and losers, did he? That uses public money to help private business. He even went so far as to reward Paladino crony Rus Thompson with a sweetheart IDA loan for his cement truck business. Must be nice to have friends on the IDA like Chris Collins and his neighbor, Jane Corwin’s husband. At the CVB, Collins withheld funding until he packed it with his hand-picked people – after that, he increased its budget.  For real.  Under Collins, the IDA specialized in granting money and tax breaks to businesses that didn’t create many jobs, moved businesses around from town to town.

When Chris Lee got caught shirtless on Craigslist, soliciting dates from people not his wife, a scramble to replace him ensued. David Bellavia had a deal that he would be next when Lee was done. Lee was done. Yet Chris Collins and Carl Paladino tried to intimidate Bellavia out of the race. It was like something out of Goodfellas.

2011 saw Collins and Poloncarz do battle. As usual, Collins and the Republicans cut a deal with Mayor Brown in an effort to depress city turnout. In July 2011, Collins got caught marching at the front of the July 4th parade in Lancaster – even ahead of the flag and veterans. When polls showed that Collins wasn’t doing well, he called the polls a pack of lies. He went out of his way to say that downstate was no friend of upstate’s. Don’t forget that Collins got caught parking illegally several times – including using a spot reserved for the disabled.

And Collins left a mess. In July 2012, Poloncarz revealed,

In the first six months of my term alone, we have identified more than $50 million in unanticipated expense and declining revenue projections not included in Mr. Collins’ 2012 Budget or Four-Year Financial Plan – many of which he, in all likelihood, knew about but failed to address and chose to hide from me as comptroller, the legislature and even the control board.

After leaving office, Collins was caught using his Rath Building office to hold private business meetings to intimidate investors.  In July 2012, Collins basically said that people don’t die from breast and prostate cancer anymore. Seriously. He disrespectfully refused to debate his primary opponent. He apparently bought Facebook likes. Collins is a big backer of the Ryan budget. Collins has not released any of his tax returns to the voters.

Chris Collins can say “Barack Obama” and “Nancy Pelosi” every minute of every hour. He can pretend to be some conservative Republican who will somehow magically work with people across the aisle – something he only did locally when he could derive some short-term political benefit therefrom; something he only did when he could exert control over them and the legislative process through his proxy, Barbara Miller-Williams. Kathy Hochul’s record stands on its own merits. So does Chris Collins’ record, such as it is.

In the end, Chris Collins 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.

 

Piling On

I think Mike Amodeo has a hard enough time as it is, given that Governor Cuomo has all but endorsed incumbent Republican Mark Grisanti, that it’s bad form for disgruntled Swanick supporters to pile on. Instead of promoting or assisting the Democrat’s campaign – despite empty pledges to get behind him – they mock him. 

Of course, nominal “Democrat” Chuck Swanick, who challenged Amodeo for the Democratic nomination – and lost quite convincingly – remains in the race because he represents the homophobe vote. His entire reason for being in this race is pure politics, essentially conspiring with Ralph Lorigo’s transactional, unconservative “Conservative Party” to siphon off the homophobe vote from Grisanti and Amodeo.

Grisanti is running negative ads, Swanick “Democrats” are attacking him and mocking him, the Governor’s people are telling him to stay home, and even friendly PACs are withdrawing their pledged support. Grisanti, business interests, and the Governor are attacking Amodeo for a position – a supposed call to get rid of the tax cap – that Amodeo doesn’t even hold

Probably the two biggest issues facing voters in just about every senate district in the state are jobs and hydrofracking. It should come as no surprise that both Grisanti and Amodeo want more jobs. They differ, however, on the issue of hydrofracking, and this is likely why Cuomo and Grisanti are trying to change the subject by making stuff up about the tax cap.

As for the Swanick “Democrats'” “support” of Amodeo, this must be more evidence of what Andrew Cuomo/Steve Casey/Steve Pigeon/Frank Max’s “unity” looks like.  

The Nihilist Party Line

In this week’s print version of Artvoice, Geoff Kelly wonders what’s so independent about the Independence Party? He points to an IP line challenge waged against Stefan Mychajliw in the Comptroller’s race, 

The Independence Party is famous for being a tool that major party candidates manipulate to drain their opponents of resources and votes. Similar chicanery attended the successful effort by incumbent State Senator Mark Grisanti, a Republican, to win the IP line in the 60th District. Grisanti’s nominating petitions were circulated not by IP members but by Republicans, many of them from out of the region.

All this is of no consequence now, but it begs the question: Given the way major parties use the IP as their playground, what exactly is the Independence Party? And what’s “independent” about it?

I feel like I’ve been shouting in the deep, dark wilderness. Electoral fusion is part of what makes New York a banana republic. 

Electoral fusion is awful. It is the root of very many evils. It allows candidates and other connected individuals to manipulate elections in order to maximize political power and monetary return (patronage jobs, e.g.) for them and their hangers-on. There is no rational way that Ralph Lorigo, for example, should have the power he has. There was no way a barber from Springville should have been a kingmaker. The Conservative Party is, for the most part, a wholly owned subsidiary of the highest bidder. The statewide Independence Party was so angry about being manipulated by Democrats who were using it to trick low-information voters who thought they were voting for a small-i “independent” that they decided to become a wholly owned subsidiary of the state Republican Committee.

Electoral fusion is constantly being manipulated by bad people for bad reasons. It is used as a shield against some fantastical electoral rigor whereby a (R) will never color in the box for a (D) and vice-versa. It is used as a sword against people who don’t play ball with very petty people. 

You can read some examples here, here, here, here, here, here, and here.  

The State of NY-27; Collins and Hochul in Thunderdome

October NY-27 Siena Poll

The Siena Research Institute polled NY-27 between October 1 and 4.  It surveyed 633 likely voters; 32% Democrats, 39% Republicans, and 27% independents. The headlines? 

Everyone is ignoring the real story – it’s not just the fact that the race for NY-27 between incumbent Democrat Kathy Hochul and Republican challenger Chris Collins is a dead heat, but that Hochul was behind in August.  The crosstabs from that August Siena poll are here

    1. Hochul’s favorables are slipping. Outside of Erie County, her fav/unfav/dnk is 42/40/18 – that’s a dramatic drop from August’s 50/38/5, indicating that Collins’ and SuperPAC ads are having an impact, their falsity notwithstanding. In Erie County, her favorable rating is down by 3 and her unfavorable rating is also down, by two, at 54/37/9.    Collins’ numbers outside Erie County are 46/34/29, as compared with 41/30/29 in August. Within Erie County, Collins has also slipped dramatically, from 57/38/5 to 47/47/6.  Collins’ relentlessly negative campaign is working. 
    2. 54% of the survey respondents say they prefer a majority Republican congress. It’s a testament to the good job that Hochul’s doing that 45% would like to re-elect Hochul to Congress, versus 40% who wouldn’t, and 14% who have no clue. 
    3. President Obama is marginally more popular in the district. His fav/unfav/dnk is 44/52/4. Back in August, 56% of respondents had an unfavorable view of him. Mitt Romney’s numbers are 51/44/5 in this solidly Republican district. If the vote was held today, Obama would lose 51 – 42. In August, that number was 53 – 41. 
    4. 44% of respondents would vote to re-elect Hochul. 44% prefer someone else. 12% don’t know.  This question is stronger for Hochul in Erie County (48/44/8) than outside it (41/45/14). 
    5. On the headline question , 47% say they’ll vote for Hochul, 47% say they’ll vote for Collins, 1% aren’t voting (WTF), and 5% don’t know. In Erie County, Hochul leads 51 – 45, but outside Erie County Collins is leading 48-44. Hochul does mildly better with women than men, and with older voters than those younger than 55. 
    6. 11% of the electorate is still reasonably open to change its mind. 

Congresswoman Kathy Hochul (D-NY) (NY-26)

  1. More people think Collins is running the more negative campaign. 
  2. 51% of respondents want to repeal Obamacare. The split outside Erie County is 54/40. 
  3. Hochul and Collins are tied at 43% on the question “whom do you trust to do the right thing when it comes to Medicare”. 15% don’t know, and in Erie County this is Hochul over Collins 48/42; outside Erie it’s Collins over Hochul 43/39. 
  4. When broken down into specific issues like jobs, taxes, health care, the deficit, and “fixing the economy”, Collins is doing better than Hochul. Back in August, Hochul only beat Collins on Afghanistan and education. Not much has changed here.
  5. Back in August, 46% of respondents said Hochul would do a better job than Collins (42%) representing the district’s interests. Now, 47% say Hochul, 42% say Collins, and 11% don’t know. The 1% of August undecideds broke to Hochul, apparently. 
  6. A question from August regarding repealing the Bush tax cuts for high earners was not asked in October. 

With just about a month to go, expect both campaigns to sharpen their attacks. 42% of the sample was from Erie County and 58% from Niagara and parts farther afield. Hochul is underperforming Collins outside of Erie County and will likely address this in the coming weeks. Ultimately, however, it’s amazing that a Democrat is competitive – especially in Erie County – against a man who ran Erie County for 4 years and is purported to be popular with the WBEN crowd, which is practically all anyone ever hears about politically in this region. 

Collins’ Federal Help and “Building That”

John Boehner came to town this past weekend to campaign for Chris Collins. Boehner proudly proclaimed that he had built his small business with no government help. 

I used to run a small business before I ended up in Congress. And you know there were  nights when I would lay in bed worrying about whether the accounts receivable the next day was going to be large enough to meet the payroll. I don’t remember Barack Obama laying there next to me holding my hand. I don’t remember the government offering me some interest-free loan.

The same can’t be said for Chris Collins, however. Collins’ various businesses have benefited from $20 million in federal loans, subsidies, and handouts. In 1983, Collins received a taxpayer funded loan through a $3.5 million bond from Niagara County to move his first business, Nuttall Gear, to that jurisdiction. 

While Chris Collins denounces what Republicans routinely call the “job-killing stimulus”, and refused to spend stimulus money the county applied for and received under his administration, his companies received $442,000 in stimulus awards. Audubon Machinery received the bulk of that through the Department of Health of Human Services, and ZeptoMetrix received a mere $3,000 from that same agency.  Collins’ various companies have been the recipients of a whopping $9.2 million in government loans. 

Collins-owned companies also benefit from $11.5 million in federal contracts. Why a staunch Republican would bid for redistributive socialist work is a question for the ages, but the facts are set forth here

As County Executive, Chris Collins went out of his way to denigrate and demonize the urban poor. Little did we know that he was the biggest welfare queen of all. 

 

Maxed Out

Congresswoman Kathy Hochul

They brought in allies and operatives – many of them festooned with red armbands, without a hint of irony or historical perspective. They demanded that the vote be overseen by an outside observer – Syracuse Mayor Stephanie Miner. They enlisted the assistance of Governor Cuomo, who used surrogates to cajole and persuade the members of the Erie County Democratic Committee to replace outgoing chairman Len Lenihan with Frank Max of Cheektowaga. 

Max’s support came not just from the governor’s arm-twisting, but from two breakaway party factions. City Hall told the governor that it could work with Max, but not with Lenihan #2, Jeremy Zellner. The Steve Pigeon faction has a reasonably consistent alliance with city hall, because they share an anti-Lenihan sentiment. 

How did it work? When a committeeman arrived at Saturday’s reorganization meeting at the Hearthstone Manor, she was handed a ballot upon check-in. The ballot was turned over after the committeeperson had shown an entrance card and ID, and then signed a receipt acknowledging its receipt. 

Before you hop on the “Democrats are hypocrites” with respect to voter ID, voting for the chairman of your regulated private club isn’t the same as voting for an elected official. The latter invokes constitutional rights, the former does not. 

Each ballot contained the committeeperson’s name at the top, and weighted vote at the bottom. The list of candidates was printed in the center. The attendees ripped the top off, removing their name from the ballot, ticked the desired box, and dropped the ballot in a container. Each container was being watched by Max and Zellner representatives to ensure that there was no ballot-box stuffing. 

The weighted vote is more complicated. It was all calculated based on the number of people within a given election district. Some suburban voters had weighted votes of under 200, while some city voters had weighted votes in excess of 900. 

 Max claims he won more ballots cast, that isn’t how the winner is calculated – Max and his faction knew this full well. One insider who was in the room tells me they didn’t even tally who received how many ballots cast in the counting room. Not only that, but they knew how the weighted votes were allocated and could have – but didn’t – file an objection of some sort in advance of the reorganization. The court case that’s being filed seems to center around the redistricting and reapportionment of the weighted vote in the Town of Amherst. Amherst’s town committee is led by Board of Elections Commissioner Dennis Ward, who is a Lenihan/Zellner partisan. But it’s not clear whether the allegation is that Ward did something wrong. Even Max attorney Peter Reese acknowledged to the Buffalo News that, “[Ward] used an arcane provision of election law to redistrict in Amherst to his advantage.” Election Law section 2-104 is “arcane“? 

Even arcane statutory provisions are valid, though, aren’t they?

Ward rightly argues that the redistricting was done well in advance of the reorganization, and Max’s people had an equal opportunity to run people for new committee seats earlier this year, but didn’t.

The charges of ballot-stuffing are vague and don’t name names – the police were not called, no one is being haled into court over it, and in this smartphone age, no one took so much as a snapshot. By failing to pre-emptively challenge the Amherst redistricting, and by calling in the state party committee to don a blue helmet and oversee the process, the complaints from the losing side seem to be nothing more than soreness and sour grapes. 

In fact, Miner – whom Frank Max asked to attend and oversee the process – was in charge of the counting room. If she did not raise an objection (and there’s no report that she did), the count was fair on its face. If part of their strategy was to challenge the procedural legitimacy, it flew in the Max camp’s face. That explains why the allegations of counting improprieties are relegated to rumor and won’t be part of the litigation. 

It would be great if the Democratic party in Erie County could be unified, but any such unity is a three-way street. Conspicuous in their absence were any mouth-noises from the Pigeon or Brown camps about pledging to work with the ultimate winner. (Zellner and Max pledged to work with anyone, to their credit). To Pigeon and Brown, this is part of a decade-long effort to wrest control of the party apparatus back even though Lenihan found it in debt and utter disarray. Over ten years, almost always fighting a war on two fronts – against Republicans and breakaway Democratic factions, Lenihan navigated the party ship to a scandal-free path of successes that would have been unthinkable ten years ago. 

It would be great if the party could now unify behind Zellner, but no one’s holding their breath. Zellner is more pitbull to Lenihan’s likeable teddy bear, and has alienated many party stalwarts. The likelihood of these people shrugging off their personal bias in favor of party unity is slight. The Cuomo camp will have to reassess how wise it was to attempt to cajole and bully party loyalists to do something they couldn’t do in good conscience. The governor is alleged to have held up big civic issues such as the Bills lease over this idiotic party battle. If accurate, holding the entire community hostage over a party squabble is rank governmental malpractice. 

Party politics is by its very nature a massive battlefield of competing egos, and Erie County Democrats have proven time and again that these egos are most often unreconcilable. Maybe that conflicted status quo is better than the alternative. 

 

This Will All Be Over Tomorrow, Right?

In the Max-Panepinto-Zellner three-way battle to become chief cat-herder of the Erie County Democratic Committee, Max and Panepinto seem to be splitting the “not Zellner” vote, to the latter’s benefit. Part of the Max camp’s aim is to push Dennis Ward out of the Board of Elections. The pretext is some remote and perceived slight or another, and the real reason is who gets to control BOE jobs. So, Max sent this out yesterday:

Honorable Chairs:

It has come to our attention and is our belief that Erie County Democratic Elections Commissioner Dennis Ward, who also serves as Secretary of the Erie County Democratic Committee, has unfairly and intentionally manipulated the redistricting process in order to gain an unfair proportional vote that he controls at the upcoming Erie County Democratic Committee Reorganizational meeting.

As Party Secretary, he believes he will be running the reorganizational meeting September 29, 2012. The sole purpose of his running the meeting will be to secure another 4-year term as Erie County’s Election Commissioner.

The only hope of unifying the Erie County Democratic Party going forward is if all sides have faith in a fair and free election. Therefore, we ask the New York State Democratic Committee to intervene and dispatch either Chairman Miner or Chairman Wright to oversee the meeting. Only through such oversight will the integrity of this meeting be insured.

Your immediate response is appreciated.

Sincerely,

Frank C. Max Jr.
Erie County Democratic Chair – Candidate

The emphases are mine. It’s basically “do it my way, or else”. Yesterday, City of Tonawanda committee chair and county committee treasurer Gayle Syposs wrote on her Facebook page,

read and believe if you can from the guy whose strategy meeting last night was with Pigeon, Casey, Garner, Maybe we could call in the state police too and see if he can win that way. I guess threatening peoples jobs didn’t do it huh?

That’s Steve Pigeon, Deputy Mayor Steve Casey, and Grassroots chair Maurice Garner. Threatening people’s jobs? Gayle continued,

What has been going on in Erie County the last few weeks and days will go down in history as the worst example of campaigning that could be in what is a Democratic Process. People who apparently feel that they can’t win this chairman race straight up now resort to threats to peoples employment, threats to families and political careers.

It is disgusting and shows me how proud I am to have been part of the administration of Len Lenihan, the most decent honest man that ever could have led us.

We will have our vote Saturday in a secret ballot and that is that. Majority rules and hopefully decency too. This ain’t Russia or China. This is Erie County New York and we will pick a Chairman because the bylaws say so.

Sounds like nothing else is working, so one candidate is resorting to threatening committeepeople. Andrew is right – maybe we shouldn’t judge the chair candidates on their pasts – sordid or clean as they may be – but on their present behavior.

Meanwhile, outgoing ECDC Chairman Len Lenihan wrote a farewell letter:

All good things must come to an end. On Friday when I leave Democratic Headquarters for the last time it will bring to an end an amazing ten year ride that has resulted in the reestablishment of the Erie County Democratic Committee as the dominant political force in Western New York.

This would not have been possible without your support, dedication and commitment. Regardless of what role you played as a candidate, contributor, party leader, volunteer, or just a great booster, we could not have done it without you. There are no words that can adequately express my appreciation to you for being there for us.

The numerous victories are hard to fathom. All three area congressional members are now Democrats, two of them being women. The restoration of the County Executive and the County Legislature to Democratic control. 11 of the last 13 Supreme Court Justices were elected on the Democratic line. The list goes on and on.

We had the best staff, using the most advanced techniques and strategies. Never once in our ten year run was there even a scent of scandal or impropriety. Our debt was greatly reduced, and the number of our volunteers were greatly increased.

In the end, what it all boils down to, are the values, principles, and ideals that bind us together as Democrats. Those principles have always been worth fighting for, and fight we did for ten years. I ask only that you give my successor the same level of support and dedication that you gave to me.

It has been a great honor to lead this great party, and an even greater honor working with you to achieve our goals. If ever I can be of help to you, please do not hesitate to contact me. I look forward to seeing and working with you again in the future.

Sincerely,

 

Len Lenihan Chairman,

Erie County Democratic Committee 2002-2012

And this was, in part, the topic of Wednesday’s “One Thing” podcast with Brad Riter from Trending Buffalo.

TBOneThing09-26-12.mp3

1 22 23 24 25 26 34