Cuomo’s Betrayal

Courtesy Marquil at EmpireWire.com

The biggest and worst problem plaguing Albany and New York State politics is corruption. Albany’s especial brand of dysfunction thrives in an opaque environment, and there is a complete and bipartisan absence of political or moral will to change it. It’s been well over a decade since people and organizations began to seriously address this culture of corruption, and NYU’s Brennan Center deserves kudos for pushing the issue with specificity

It was almost a decade ago that Suffolk County Executive Tom Suozzi barnstormed the state, seeking the Democractic nomination for governor under the banner of “Fix Albany”. We send Assemblypeople and Senators to Albany, and while we see occasional profiles in courage, like Mark Grisanti’s pivotal vote on same-sex marriage, these individuals do little legislating and a lot of grandstanding. Nothing ever changes, and there’s no one who’s all that interested in cleaning Albany up. 

Enter Andrew Cuomo, a former Attorney General who swept into Albany to get things done, but also to restore trust in state institutions. While he has infuriated the gun-hugging areas of the state outside the NYC media market, he has now successfully angered the left, most starkly by helping to maintain a Republican Senate majority. In order to secure the Working Families Party’s Wilson Pakula, Cuomo decided to actually back members of his own party to win Senate races. 

But his most promising act was to establish a “Moreland Commission” to investigate corruption in Albany – most importantly, the misuse and corruption surrounding campaign finance in the state. This dovetailed nicely with Cuomo’s now-erstwhile support for public financing of elections – a goal he all but abandoned in order to “get things done” with respect to a budget deal with the other two men in the room. (That hasn’t changed, either). 

This New York Times article is a blockbuster of investigative journalism, outlining the ways in which Governor Cuomo’s office micromanaged and hamstrung the work the Moreland Commission was doing before he unceremoniously and summarily killed it in order to “get things done” viz. budget deal with Silver and Skelos. Here is a brilliant timeline that the Times put together. Luckily, the U.S. Attorney for the Southern District, Preet Bharara, is picking up where the defunct commission left off, investigating and prosecuting obvious illegality. 

I frankly don’t get it. If Cuomo’s aim is to ascend to the White House, he’s just dealt himself a huge blow. It won’t do much to say, “I fixed Buffalo, the unfixable” when opponents and allies alike view him with distrust because when it came time to address the state’s most pressing problem, Cuomo whiffed. 

He didn’t just whiff – he threw the game. 

I’m not going to support Astorino, and Zephyr Teachout lost me by holding a “Cuomo resign” presser with Astorino. It’s high time we stopped demanding resignation and impeachment every time a politician does something stupid or with which we disagree. It’s stupid and childish.

I want someone to say that the NY SAFE Act is a distraction from the real problems we have, like unfunded mandates, the Gap Elimination Adjustment robbing schools blind, the completely unregulated and mismanaged state Authorities, our corrupt and corrupting Wilson Pakula/electoral fusion system whereby party endorsements are exchanged for money and jobs, and the toothless, ineffective board of elections that is unable or unwilling to investigate and prosecute campaign finance fraud. These are all long-standing issues, and very well known. But New York has a dictatorship of the bureaucracy, and for some reason elected officials have no will to fight that tyranny of the careerists. Even, tragically, Andrew Cuomo. 

Getting things done is great, and it’s a welcome change from the feckless Pataki Adminstration. But New York Democrats have had almost 10 years to do something meaningful about not just the symptoms, but the root causes of why the state underperforms economically – especially outside of the New York City metro. 

Four years ago, a New York Observer article wrote that mine was the “Site that Saved Andrew Cuomo”. I don’t – for a second – doubt, question, or regret my 2010 support for Cuomo over Carl Paladino. But in 2014, the continued state gutting of public school budgets, tyranny of the Authorities, continued erosion of public trust through “electoral fusion” dealmaking,  and Albany’s unwillingness to heal itself make me wish for a true alternative – not just a Westchester County apparatchik or a leftist Manhattan protest candidate. 

New York isn’t broken because of the number of bullets you can put in a magazine is now restricted. But your focus on things like that help to distract you from genuine problems that affect us all. 

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. 

Maziarz in the Niagara Falls Reporter

Down They Go, Horseshoe Falls in Winter, Niagara Falls, Canada (DTB_0134)

Photo by Daniel Novak via AV Photo Daily Flickr Group

The founder and Californian former editor of the now-gynophobic Niagara Falls Reporter, has only good things to say about his friend, Senator George Maziarz, who is retiring under a cloud of suspicion.  Maziarz is under federal investigation for allegedly converting campaign funds to personal use

No one doubts that Maziarz is a personable guy or that his office was excellent at constituent service. The question is whether he misappropriated campaign money. Lucky for Maziarz, he’s got $1 million in campaign funds that he can use to hire excellent criminal defense counsel

The Reporter‘s founder is very self-righteous about corrupt politicians, except the ones he likes. For instance, you’ll likely not find a less corrupt politician than Paul Dyster, yet he is savagely attacked on a weekly basis for the crime of trying to do right by a horribly troubled city. While the Reporter almost single-handedly led to former Mayor Aniello’s indictment and conviction on election fraud (accepting a $40,000 sweetheart “loan” from a Niagara County businessman), it has nothing at all negative to say about Maziarz and the allegations against him. Any other pol would be savagely pilloried. 

Either way, Mike Hudson moved 3,000 miles away, and although his byline occasionally appears in the Reporter, he’s divested himself from any Niagara or WNY worry. 

Oh, and there’s also this, from Maziarz’s latest campaign disclosure

You know, when I was writing nice things about Jon Powers, it was because I supported him and his platform. I gave money to him – not the other way around. 

Weppner Disavows 912 Blight Exploitation Strategy

Last week, I posted about 912 activist and Kathy Weppner volunteer  Laura Yingling’s search for pictures of blight that she could “use against Brian Higgins on Twitter and Facebook”. 

Evidently, Weppner is not completely shameless! She sent the following, and Yingling forwarded it to her Glenn Beck fan site. 

Well, to be specific, Weppner didn’t instruct Yingling to tell her dummy battalion to not take pictures of blight to use against Congressman Higgins – she merely asked Yingling to make it clear that Weppner didn’t ask for it and isn’t part of Weppner’s “campaign plans”. 

You see, Weppner is too busy running a “dignified” campaign on “issues” like universal firearms access and scrubbing all evidence of her pre-2014 internet existence

Weppner Campaign Seeking “Not So Nice”, Incidental Blight Photos

Blight. It’s a problem throughout Buffalo, WNY, and much of upstate and the rust belt. You can literally go anywhere in North America and encounter some abandoned buildings, ugly graffiti, vacant properties, and blight. 

But now a woman running for Congress against Brian Higgins wants to turn blight into a campaign issue. 

On Wednesday, Laura Yingling, the tea party “activist” and Glenn Beck “9-12” acolyte running Kathy Weppner’s campaign sent out a mass email to her entire list, entitled “Brian Higgins the Waterfront Czar”: 

That’s literally only about half of the “to” list. 

Here is the body of the email: 

Interesting, right? It’s a great way for Weppner to stoke class and racial fear and hatred. Also, it ignores and exploits the fact that Higgins now happens to represent the cities of Buffalo and Niagara Falls – places that have more than their fair share of blight. Hell, even Grand Island has that dilapidated and creepy old Dunlop office building near the north bridge. 

The current NY-27 couldn’t be more different from what it looked like before 2013, when it had a much larger suburban and rural component. Indeed, I’m willing to bet that the picture that Yingling sent around was not part of NY-27 before 2013. 

The current boundaries are also +13 Democrat, so you know, good luck. 

This is dumb politics and dumb campaigning. Showing off blight resulting from decades of regional economic failure isn’t relevant to Higgins’ time in office.  But dumb campaigns play to dumb people and know only the lowest common denominator. 

You get the idea. This parody account on Twitter captures the dumb beautifully. 

I’ll issue a challenge to all outlets in WNY: Every single time Weppner tries to get you out to an event for free media, ask her why she scrubbed her entire web and radio history from the internet, and when we can expect to see it back online

WBEN, Riding the Nativist Derp Train to Fraudville

It used to be that references to undocumented immigrants as “invaders” were reserved for the outermost fringes of the body politic. 

Stormfront. Short wave. Nazi/Racist/Neo-Confederate bulletin boards. Infowars.

Now, because of an unprecedented humanitarian crisis, the right-wing freakout over “illegal” “invaders” has become commonplace. Neo-Nazi hate-speech is now mainstreamed. 

Add to that the spectacle of underemployed, underinformed, angry white folk, (whose immigrant ancestors came from somewhere), who have nothing better to do all day than to turn parts of the American desert into little clones of Afghanistan – complete with weapons and extralegal checkpoints

Not to put too fine a point on it all, but what’s going on along the US-Mexican border is unprecedented – youngsters are crossing into the US en masse and rather than running from Border Patrol in order to get further into the US, they are surrendering immediately upon arrival, just like the Cubans do under our unusually generous “dry foot” policy

(Hint: Just tell the wingnuts that these kids are from Cuba, and maybe they’ll treat them as human beings.)

Unsophisticated, poor families in places like Guatemala and Honduras – economically awful, socially violent, and politically dysfunctional places – are being tricked by human trafficking cartels to pay to send their kids to the US, where, they’re told, the kids will be able to claim asylum and stay forever.  Of course, there’s no federal “DREAM” Act, but a 2008 law requires the government to grant any kid from a non-border country an asylum hearing

These children and their families are being taken advantage of by con artists. They are the tired, the poor – the huddled masses yearning to breathe free.  Tempest-tost wretched refuse, these children and their families are naive victims. Yet when they come here, our nativist right wing freaks out. Peak temper tantrum, hurling hateful invective not only at these Central American tweens, but at Obama, the liberals, and everyone else who doesn’t slap a Gadsen flag on their bumper and an eagle on their timeline. 

It is a humanitarian crisis because these children come with nothing – have nothing – and because ours is a country of laws, we are not empowered simply to shove them back on a bus across the Mexico border. We have due process.  We have laws. We have to detain them – humanely – while we process them all. That is how a 1st world country works, and that is what the law requires. 

It’s gotten to the point where any school bus filled with brown people is suspect. An Arizona state legislator running for Congress stoked the confrontation, and hatefully declared that food and shelter for a bus-full of brown-skinned children isn’t compassionate, but an “abrogation of the rule of law“. 

As it turns out, it wasn’t a bus-full of undocumented migrants, but a bus-full of Arizonan kids on their way to YMCA camp. Seriously

While the wingnuts with all that extra time on their hands accost kids on their way to the Y, other kids are dying. The border patrol is a law enforcement agency – not a refugee non-profit. The government is unprepared to deal with something like this, because of its massive scale and the unprecedented nature of what’s going on. Washington alternates between grandstanding and dithering

By treating these kids as “invaders” and an “army”, you dehumanize them as well as any World War II-era cartoon of a bespectacled, slanty-eyed Tojo. By focusing on blaming Obama rather than trying to solve a legal and humanitarian crisis, the right wing contributes not only to the further erosion of whatever was left of its Latino support, but exposes itself for the craven practitioner of racialist, nativist politics that it’s become in recent years. 

At the local forefront of this racial animus is hate radio WBEN, led by right-wing kook and operations director Tim Wenger. 

Sometime on Tuesday, this appeared at WBEN’s scat-strewn Facebook page: 

First of all, it links to “Gateway Pundit”, who is widely regarded by anyone with a brain to be one of the stupidest people in the right-wing blogosphere. Not just wrong – stupid.  Here, he links to something called “Mad World News”, which I’ve never heard of, and which certainly doesn’t seem like a completely credible source. 

Because it’s not.

I won’t link to either one, but if you go to “Mad World News”, it seems that some nosy hausfrau encountered a busload of brown-skinned people getting off a school bus at a Wal-Mart in rural North Carolina. She tried to communicate with them, but these durn Messikinz didn’t speak any English. So, she simply leaped to the conclusion that, because one of them had managed to communicate with her that they were recent arrivals to America, they must be “illegals”. Not only that, but our brave Mexican-whisperers concluded that this busload of “invaders” was paying for its Wal-Mart goodies with “EBT cards”; welfare handouts. 

Except not a word of it was true, and the tea party says so

OK, OK – yes, a busload of foreign migrant farm laborers did show up at a Wal-Mart in North Carolina, but they weren’t “illegals”, but legal guest-worker migrant farmworkers; people who had valid visas to enter the US and perform all the horrible manual farm labor that you consider to be beneath you

They weren’t paying with welfare cards. Their wages are paid to rechargeable debit cards, which they used to buy items for themselves at Wal-Mart in rural North Carolina. 

They weren’t on a government bus, but were instead being transported by their employer to the Wal-Mart for a shopping trip. 

But, you know, brown people on a bus using plastic at a Wal-Mart. Because right wingers instinctively think the worst of everyone and everything, these had to be (what else?) “illegal” “invaders” spending welfare EBT cards thanks to Obama inviting them to the US. 

So long as the tea party remains “diligent” when they really mean “vigilant”, we’ll all be a little safer and don’t forget your gun. 

Now, despite that this is completely untrue, having been factually debunked by WBEN’s own partisan allies, this radio station continues to perpetrate this fraud on Buffalo and its listenership by refusing to delete or update the post to point out that it’s a lie. Rather than be “accurate” as a putative “news” entity, WBEN sides instead with the people who would “go to war” against these kids

Oh, and in case you’re wondering, that story about n0bummer giving some of these kids a resort experience in Weslaco Texas is also completely false

In the meantime, the administration and Democrats will try to find a humane and legal solution to this problem while the Republicans continue to antagonize Latino voters and Millenials.  In the meantime, sane and rational people will call out wildly horrible local hate radio for the embarrassment it is. 

Not every problem is one that needs to be solved with hatred and guns. 

(Crossposted to Little Green Footballs)

Sheriff Howard Underpaid, Like Schoolteachers

Sheriff Tim Howard beclowned himself again by taking a job working security for M&T Bank.  On top of that, he even did the sort of thing that’s supposed to really piss off the WBEN right in western New York: he used his county take-home vehicle to get to and from work at the bank. 

But Howard is shameless, and whines that the work was, like, really fulfilling and totally cool. It was also paying him $50/hour. 

If this was merely the first time Howard did something embarrassing, corrupt, or stupid, it’d be bad enough. But as the News points out

It’s hard not to conclude that this is simply another episode of the sheriff’s pattern of poor judgment. That deficiency was on display when the jail was plagued with prisoner suicides; it was on display in the aftermath of jail escapes, including that of Ralph “Bucky” Phillips; and it was on display last fall when he pitched for votes by promising not to enforce the state’s new gun law known as the SAFE Act. This is a law enforcement officer who has shown he is without any sense of the propriety his high office demands.

It is true that Erie County’s sheriff is woefully underpaid. Howard’s salary is just $79,000, a ridiculously low figure given the importance of the job to county residents. Incredibly, Howard is paid $32,000 a year less than his undersheriff, Mark N. Wipperman, though it’s fair to say that Wipperman does a better job running the department than his boss.

But if money was a motivating factor for Howard, the answer wasn’t for him to cheat taxpayers of a full-time sheriff by moonlighting as a bank detective. It was to petition the County Legislature and county executive for an increase in pay, and then to rally support for the point. Most sheriffs, though perhaps not this one, could have made a strong case for a higher salary.

Better yet, if the Sheriff’s salary is so “low” at $79,000 (I really need to remember that line the next time some half-baked asshole attacks public school teacher salaries), Mr. Howard can simply resign and go to work for M&T full time.

Maziarz Out, SD-62 Up For Grabs

Here is the statement that soon-to-be-former State Senator George Maziarz issued in order to explain his very sudden and unexpected decision to resign*: 

It is no secret to my family and close friends that I have been considering retirement from the State Legislature for the last five years. And as I geared up for another long campaign season, I realized I just did not have the passion and commitment that I have had in the past to see it through.

People will ask me why now and the simple answer is there is never the perfect time to step away. I had the honor of following the late John Daly into the State Senate. I remember him telling me when he left the Senate it was simply time for the next generation of leaders in the Legislature. After nearly two decades in office, I fully understand what he meant and feel that way today.

My second daughter gets married this summer and that is a much bigger priority for me than another grueling campaign. My family has sacrificed enough for my public service through the years and I cannot ask for any more.

To the people of Niagara, Orleans and Monroe counties who I have had the pleasure to represent since 1995, I extend my heart felt appreciation for your continued support. I always told people that being your Senator was the greatest job in the world, one I dedicated myself to 24 hours a day, seven days a week. We accomplished great things and I did my best to help my constituents with any problem…big or small. Thank you for giving a kid from North Tonawanda the chance to fulfill his dream of serving in the State Senate.

Gee shucks, that’s swell. 

But not so fast. 

People just finished collecting petition signatures to get Maziarz’s name on the ballot. He could have easily announced a planned resignation earlier this year. You don’t just drop out of your career politicianship because you’re bored and you need more time for your kids. You don’t simply bow out from the “greatest job in the world” suddenly on a Sunday night. 

Mike Caputo’s PoliticsNY broke the story this weekend, and noted that the resignation comes quickly on the heels of the abrupt resignations of two of Maziarz’s top staffers. On July 11th, the Niagara County Democratic Committee issued a press release demanding a state investigation of Maziarz’s campaign spending

This week we learned Maziarz’s Chief of Staff Alisa Colatarci and Office Manager Marcus Hall both resigned. Given the U.S. Justice Department’s increased focus on public corruption in Albany, if there are reports of senior staff members resigning it should raise some eyebrows.

Eyebrows have indeed been raised ever since City & State revealed in May that two WNY Republican senators – Maziarz and Pat Gallivan – were coming under scrutiny for campaign spending

State Sen. George Maziarz shelled out more than $140,000 in campaign funds over a six-year period without identifying what exactly he purchased, according to an investigation by the now defunct Moreland Commission on Public Corruption—by far the most of any state lawmaker. State Sen. Patrick Gallivan was found to have about $80,000 in unreported campaign credit card expenses, including hundreds of dollars spent on cigars, tanning, and at salons and casinos. State Sen. Greg Ball laid out around $23,000 at retail stores, including Brooks Brothers, Banana Republic and Amore Clothing.

This must be why the Republicans haven’t been making much noise about the disbanding of the Moreland Commission as part of the overall budget deal earlier this year. Keep stumm and don’t kill the job. 

But the U.S. Attorney’s office in Manhattan said, in effect,  “not so fast”. 

To date, there has been considerable speculation about what exactly the Moreland Commission’s investigations team probed over the months it was in operation, but few specifics have been disclosed to the public. Several legislators and critics have openly dismissed the Commission’s work as a “witch hunt.” Conversely, Moreland Commissioner Makau Mutua said earlier this month that the Commission had unearthed potential criminality by 10 to 12 state lawmakers.

U.S. Attorney Preet Bharara was interested enough in finding out what the Commission had discovered that he has launched an inquiry, in part, to get to the bottom of whether “investigations potentially significant to the public interest have been bargained away as part of the negotiated arrangement between legislative and executive leaders,” as he wrote in a letter to the Commission’s members on April 3—a reference to the ethics deal struck between the governor and the Legislature as part of their budget agreement at the end of March, which coincided with Cuomo’s announcement that he was shutting down the Commission.

How does this all play into Maziarz’s resignation? Well, take a look at Binghamton-area Republican state senator Tom Libous – the second-highest ranking GOPer in the Senate- who was just indicted for lying to the FBI about getting his kid a job, and promising to direct work to that firm as a quid-pro-quo. The son was indicted for tax evasion and embezzlement. Libous was also out in front to try and block an extension on the fracking ban, mostly because his wife and a big campaign donor stand to benefit financially from a lifting of the ban

Is Bharara poised to indict Maziarz for corruption that the Moreland Commission uncovered and then simply stopped doing anything about to placate Shelly Silver and Dean Skelos? Consider what City & State uncovered

The legislator with the most number of entries about him is state Sen. George Maziarz, the third-ranking Republican in the Senate leadership. According to the documents, Maziarz amassed more than $140,000 in unitemized campaign expenses in filings reported between 2008 and 2013—which averages out to more than $23,000 a year, or nearly $2,000 a month. The senator’s campaign also had “over $67,000 of charges and expenditures to Chase and Chase Card Services,” identified broadly as “office” expenses. The total sum, which exceeded by tens of thousands of dollars the amount of unspecified expenditures by each of the other lawmakers flagged, is broken down in depth within the documents and includes details not included in the senator’s public campaign filings.

The Commission found that the Maziarz campaign doled out more than $125,000 at retailers such as Target and BJ’s Wholesale Club, including $56,250 in expenditures that investigators concluded had not been reported. Another $10,000 from the senator’s re-election funds went to specialty chocolatiers, a florist and wineries and wine stores. The campaign committee also paid for $7,850 worth of reading materials at Borders, Readers Digest and Barnes & Noble, with $2,000 labeled as “unreported” by the Commission.

The Commission also tabulated the Maziarz campaign spending $12,000 at arts and crafts stores like Michaels and Oriental Trading; $7,000 at the now-defunct online gift boutique Southern Living at HOME and its successor, Willow House; and $4,000 on purchases related to children, including from Toys ”R” Us and Mud Pie, and payments to Do-do, the clown.

A company called MEM Enterprises also received a cumulative $39,000 from the Maziarz campaign. A Commission document notes that the company has only one employee, brings in $54,000 a year and is based at a residence owned by a person who appears to be the senator’s relative. Efforts to reach MEM Enterprises were unsuccessful, however, based upon inquiries made by City & State, it appears that the company’s address is the same as that of the senator’s brother, Marvin Maziarz, a retired Niagara County Community College professor.

As for Pat Gallivan, 

The next highest total was run up by Gallivan, who had about $80,000 in “unreported credit card expenses.” In Gallivan’s case, records for a Capital One card revealed $1,200 spent at casinos, $1,000 on cigars and $300 on “tanning beds and at salons.” The senator also had approximately $4,000 in unreported charges to AT&T, $3,500 in unreported charges to Verizon Wireless, $4,000 in charges to the DeLacy Ford dealership in Elma, N.Y., and almost $3,000 in unreported loan payments to M&T Bank. The Commission was apparently unable to obtain records for an American Express card that had $47,000 in unreported campaign charges.

Generally speaking, lawmakers are forbidden from converting campaign finances to personal use. This sort of analysis of campaign spending is unprecedented, and for decades, no one has bothered to look into any of this. 

It’s quite clear that Maziarz’s unforeseen and hurried exit has to do with something much more grave than a general feeling of political ennui and a sudden desire to focus on his daughter’s nuptials. 

Another corrupt lawmaker in a hypercorrupt Albany? Big surprise, and the way in which this unfolded reveals the degree to which no person or party in Albany has a desire to clean up that city’s act for the good of the people in this state. Thankfully, the people working on the Moreland Commission’s investigations were disgusted enough to forward their investigations to law enforcement. 

About two years ago, Carl Paladino and his cult following tried to unseat Maziarz by spreading rumors that he was gay. It was an especially disgusting campaign – just as you might expect from Carl, Rus Thompson, and any other right-wing homophobe you might encounter. 

It was so ugly and hateful, that I endorsed Maziarz because of it, and also because Paladino was openly backing Maziarz’s primary opponent, Johnny Destino (who is now a Democrat and running for Maziarz’s now-vacant seat).  Consider, then, that Paladino and Rus Thompson could have – but didn’t – pushed instead an argument that Maziarz was corrupt. That would have been a tougher argument to make, and by no means as much fun to a couple of gay-bashers, but at least it would have smacked of factual accuracy. 

But most importantly, recall Governor Cuomo’s agreement with the Working Families Party to start backing the idea of a Democratic Senate in exchange for its fusion endorsement. With Libous’ indictment and Maziarz’s departure, that’s two Republican seats up for grabs. (Libous and Maziarz, incidentally, were not backbenchers – they were quite powerful). The Republicans have a de facto majority in the Senate thanks to a small group of breakaway Democrats led by Jeffery Klein, the “Independent Democratic Conference”.

Right now, the Senate is made up of 29 Republicans, 24 Democrats (2 formerly Democratic seats are vacant), 1 Democrat caucusing with the Republicans, and the 4 members of the IDC. If the IDC decides to abandon its Republican ties the Democrats get a majority.  

The NYS Board of Elections reveals that Democratic enrollment in the 62nd District is almost 63,000 Democrats and just under 60,000 Republicans. 4,000 are enrolled Conservative, 1,200 are enrolled in the WFP, and 8,200 are in the Independence Party. The Greens have fewer than 400 enrollees. With a slight Democratic enrollment advantage, this seat is wholly up for grabs. 

* I use the word “resign” not to denote an immediate Maziarz withdrawal from public office, but merely to connote the fact that he’s choosing to not seek re-election to his Senatorship-for-life. As of right now, Maziarz is expected to complete his term of office. 

The War on Pizza

Gentrification is a loaded term, especially in Buffalo.  As much as we complain about “sprawl without growth”, we play the same game with gentrification. The dictionary definition is: the process of renewal and rebuilding accompanying the influx of middle-class or affluent people into deteriorating areas that often displaces poorer residents. You know, like bourgeois white kids “discovering” Buffalo’s West Side or New York City’s outer boroughs. 

There’s nothing and everything wrong with gentrification, depending on who you are and to whom you’re talking, but in recent years it’s become an epithet, which isn’t altogether fair. Perhaps because in Buffalo, gentrification is not accompanied by any significant population growth

This article in the print edition of Artvoice hurls the “gentrification” epithet in a somewhat hypocritical way. It highlights the way in which the term has become a weapon, and how threatening any change might be. 

The College Street Gallery, a well-loved fixture of the Allentown art scene since 1997, is being evicted from the space it now occupies at the west end of Allen St. near Nietzsche’s. The reason is to give more room to the gallery’s next-door neighbor Crust Pizza, who wants to expand a full service bar in the gallery’s 500 sq. ft. space. Crust Pizza has been on Allen St. less than a year.

Photographer and College Street Gallery operator Michael Mulley said the changeover would occur this summer. He called it “Gentrification pure and simple,” and contrary to the social and commercial best interests of the neighborhood.

I don’t have any problem with – or any animus towards – either Crust or the gallery.  I think both businesses – and types of businesses – help make Allentown the unique and special neighborhood that it’s become in the last 30 years. But this smacks of an art community overreaction.

In most cases, when a landlord cuts a deal to expand one tenant and displace another, the displaced tenant looks for a new space. It doesn’t become a cause celebre. Have a “lost our lease” sale and start looking for a new space – it’s not a unique or unconscionable situation. 

This isn’t Manhattan’s SoHo becoming a parade of high-end chain storefronts, but it would seem as if Crust is the biggest criminal since Hitler invaded Poland. 

When we came here, to this end of Allen Street, there wasn’t much here,” he said. “Art makes other things happen. People go out to see art, then they say: ‘Let’s go get a piece of pizza, let’s get a beer.’ It’s not the other way around. That was the whole idea of Allentown originally, what made it work. Art first, commerce after. We brought energy to this corner. Now this whole end of Allen is going to be just bars.”

Look at that highlighted sentence – isn’t that gentrification? Renewal and rebuilding? What do you call it when you place an art gallery in an empty, underserved, or blighted neighborhood? Art definitely made Allentown what it is today, but it’s a misconception to suggest that people don’t do the exact opposite of what’s being suggested in Mr. Mulley’s statement – go out for pizza and a beer, and then go look at art. 

But by seeking to expand a legal business, Crust is now the enemy. The Infringement Festival had planned to host something there, but has instead decided to take its toys and go home. 

Infringement Festival music programmer Curt Rodderdam, who lives a few doors away, said the Crust plan “hurts the neighborhood.” He said the changeover “bothers me on a personal level and a social level—what it’s doing to the community. They’re taking the last piece of culture in the neighborhood and destroying it,” he said. Who wants to live on Chippewa?” he asked rhetorically.

Infringement Fest programmer for outside performances David Adamczyk said the planned changeover “didn’t represent what we [the Infringement Festival organizers] were all about.”

You would think Crust was selling crack or whores. 

Did Mark Goldman get this much pushback when he displaced a took over a spot most recently occupied by a hardware store? Hardware stores aren’t especially creative, but they are a dying breed, being replaced by Home Depots and Lowes. I figure no one wants to live on Chippewa, but Allen is known for its nightlife, too. Rather than flashy clubs, it has the upscale Allentown Hardware alongside gritty spots like the Pink, Mulligan’s, Nietzsche’s, and Duke’s Bohemian. Expanding a pizza place so that it can have a bar on a street that’s known for its nightlife isn’t going to destroy the neighborhood. It isn’t going to destroy the community. 

Crust, for the record, is a charming little quick-serve pizza place that makes really great “al taglio” Roman- style pizzas.  The crust is baked from scratch, and the toppings are added on demand throughout the day – you pick your toppings and get a great little personal pizza.  Their arancini are pretty great, too, and they serve craft beer already.  Crust’s push to build a bar is its own business, and it has an agreeable landlord. No one likes to see another business be displaced, but that’s business

The gallery is also fantastic. It’s a co-op of local artists, and their work rotates on a monthly basis. Wouldn’t the better way to handle this be to highlight what a great opportunity a move would be to help grow the concept? 

Mulley said the gallery change “is bittersweet. Maybe we’ll come up with a bigger and better space ultimately.” But for the moment he has no place identified, much less negotiated. Mulley said he wants to stay in Allentown, preferably in another storefront–less preferably an off-the-street venue.

“There are a lot of great memories here,” Mulley said. “A lot of good things happened here. A lot of artists got to show here who might not have had another chance to show. And musical groups got to perform here.” He said the gypsy flavor jazz group Babik made its first public appearance on the street outside the gallery. “And I couldn’t name how many aspiring young writers read here for the first time.”

The College Street Gallery is a cooperative, supported by the forty or so artists who show new work there every month. Mulley said there was a waiting list of applicants wanting to become members, if there was room to show their work.

So, the gallery has effectively outgrown its location and it’s being forced (never a fun thing, admittedly) to go and find a bigger one. I’m unmoved by the “things happened here” flavor of “this place matters” nostalgia. How about working with the guy renovating this place

I don’t like it when people demonize a legitimate business that isn’t doing anything wrong except trying to continue doing its legitimate business. Crust isn’t the enemy, and it isn’t single-handedly destroying Allentown. 

To that end, we’ll have a cash mob show up for lunch next week at Crust. Perhaps someone will host a cash mob for the College Street Gallery, too, or you can donate to help fund its search for a new space. But let’s treat business like business, and not turn a pizza place, of all things, into the enemy. 

Everyone just relax. 

Ballot Access & Fusion: Keeping New York Corrupt

It’s petition day throughout New York State, and we’ll learn soon enough that Governor Cuomo will have a primary challenge from the left, and that locally, the Democratic race for the 63rd Senate District (Tim Kennedy, incumbent) is going to be especially fun, as will the Republican challenge to Mark Grisanti, as perennial party-switching candidate Rus Thompson clumsily attempts to manipulate the corrupt fusion system to try and oust the sane guy. 

But it’s not only electoral fusion that’s corrupt and awful, so is the petition process itself. It’s hypercomplicated and deliberately designed to be a minefield for the unwary. It’s not only time to abolish the electoral fusion system and shut down the Wilson Pakulas and backroom deals, but also to simplify the ballot access system to make it easier for candidates to run. The rules for petitioning should be simplified and written in plain English, and there should be an alternative whereby a candidate simply pays a fee (set on a sliding scale, depending on the scope of the office).  Hey, if the state needs another source of revenue, there you go. 

As it stands now, our petitioning process should rightly be named the Election Law Attorney Full Employment Act

As for SD-60, where Grisanti will possibly face off with Rus Thompson, here’s the entire campaign in a nutshell.  I don’t know about you, but I’d choose the calm, professional man in the suit over the wildman in a sweatshirt. 

http://c.brightcove.com/services/viewer/federated_f9?isVid=1&isUI=1

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