A Win Against the Nanny State

I was very pleased that Manhattan Supreme Court Judge Milton Tingling tossed out the soda ban passed by the New York City Health Department.  It is about time someone put the brakes on out of control government.

Tingling wrote in his opinion that the rules are "arbitrary and capricious," applying to only certain beverages and only certain stores.  "The loopholes in this rule effectively defeat the stated purpose of this rule," he wrote, complaining of "uneven enforcement even within a particular City block, much less the City as a whole." 

Basically, using constitutional language, the Judge found that there was no rational basis for this legislation.  He also ruled that such legislation should be considered by the City Council and not a Board made up of people handpicked by Mayor Bloomberg.

Bloomberg has of course announced that the City will appeal claiming the decision was "clearly an error".  Since Mr. Bloomberg is not an attorney, he has little basis for his comment.  Truth be told, he is used to getting his way and is angry that the Constitution got in his way.  When you are worth $27 billion dollars, you usually get your own way.

Regardless, I am thrilled that overly intrusive government was dealt a set back.  I hope the Appellate Division affirms the decision.  One way or the other, the ruling of Judge Tingling is a victory for freedom and a strong stand against dictatorial government seeking to trample the Constitution.

Too Little Too Late

It seems that Senator Skelos now wants to make substantial amendments to the SAFE Act.  Keep in mind that he voted in favor of this bad piece of legislation.  Further keep in mind that as Majority Leader, he could have stopped the legislation from ever going to the floor for a vote. He did not have the guts to stand up to Cuomo.

Now, he is posturing on his position because his position as majority leader is in jeopardy.  It is too little and too late.

Comptroller Candidates in 2013

Thus far, no names have surfaced for Comptroller to challenge a VERY vulnerable incumbent. 

I would like to hear from you who you think should challenge for the seat.  Do not just give a name.  Offer a name and some reasons why he or she would be a good candidate and why he or she would win.

Senor vs Hoffay

The Daily Freeman has an article today wherein Aldermen Senor and Hoffay attempt a battle of wits despite both being unarmed.

The name calling contest sounded like two children at elementary school recess trying to come up with the best "Your Mother" jokes.

I hope this election season results in better candidates.  The people of Kingston deserve so much better than these two clucking hens.

Sottile May Get Away With It

The Kingston Times wrote a story about Sottile's involvement with the Salzmann case, though they did not mention the affidavit allegedly signed by Sottile.

In the article, Mayor Gallo is quoted as follows:

“There was an agreement between the prior mayor and the former fire chief to be able to literally take time off, to be paid for time off that he did not earn.   I had no knowledge of that and if I had I would have advised that mayor, ‘What you’re doing is unlawful.' "

The District Attorney confirmed that Sottile had been interviewed during the investigation.  He would not say whether Sottile confirmed Salzmann’s claim that he had been instructed to file the way he did.  

Sottile said that Mayor Gallo’s claim that he had acted unlawfully was “ridiculous.”  However, he refused to discuss the rest of the matter.  Sound like he has been advised to keep quiet??

Now comes the really interesting part.  No charges are being brought against Salzmann for being overpaid as alleged by the report from the State Comptroller.  Instead, the charges relate to subsequent filings.  When Chief Salzmann was asked to explain the discrepancies, he filed new documents in an attempt to hide the truth.  His misdemeanor charges relate only to the later filings.  He is charged with the cover up and not the crime.

The District Attorney was quoted as saying that the improper payments will not be prosecuted.  Apparently, the claims of Salzamann that Sottile authorized him to do it is being accepted as a proper defense.  Put another way, if your boss orders you to file false papers dealing with taxpayer money, this is not a criminal matter in Ulster County.

I have always supported and respected Holly Carnright, but must strongly disagree on this one.  This entire matter should be submitted to a Grand Jury to consider charges against Salzmann, Sottile, and anyone else who either engaged in this conduct or authorized it.  To do nothing sets forth a terrible precedent.  Basically, where a city department head receives payment to which he is not entitled, no criminal prosecution will result in Ulster County so long as the Mayor or other supervisor told him it was okay.  Be careful though.  If you later try to cover up something that is apparently not criminal, then you have committed a crime.  The person who authorized you in the first place never gets prosecuted.

Does any of that sound fair or just??  Should the prior administration get away with this charade?  Those of you who railed against the County Jail prosecution ran by former ADA Schreibman, where is your outrage now?  

I say put this entire matter before the Grand Jury.  Let them hear all of the evidence and testimony.  Let them make a decision.  If they decide to drop it after hearing all of the evidence, fine -- that's our system of justice.  But to do nothing and allow potentially guilty parties to get away with this abuse and waste of taxpayer money is wrong.

EXCLUSIVE -- New Evidence of Corruption Surfaces

The Daily Freeman has reported on the arrest and arraignment of former Fire Chief Salzmann on four misdemeanor charges for filing false documents in an alleged attempt to defraud the city.  What is yet to be reported is potentially a bombshell of a story.

I have recently learned from a reliable source that the attorney for Mr. Salzmann is presenting a defense that implicates someone else in the former administration.  Supposedly, the attorney has a signed and sworn affidavit from former Mayor Jim Sottile.  In this affidavit, Sottile apparently asserts under penalties of perjury that he not only knew what Salzmann was doing, but also condoned it and gave Salzmann permission to do so.

Think about this for a minute.  I have not yet seen the affidavit.  If I get a copy, I will post it on this blog for all to see.  Nevertheless, if Sottile has admitted that he knew about the filing of false official documents, condoned their submission, and gave permission for their filing, then we have a new charge to be investigated and considered by the Ulster District Attorney's Office: CONSPIRACY.

For those who do not know, Conspiracy is defined by the New York Penal Law as follows:

Under section 105.00, a person is guilty of conspiracy in the sixth degree when, with intent that conduct constituting a crime be performed, he agrees with one or more persons to engage in or cause the performance of such conduct.  

If Sottile has signed an affidavit asserting under penalties of perjury that he not only knew what Salzmann was doing, but also condoned it and gave Salzmann permission to do so, then we have an agreement between two people to engage in conduct that constitutes a crime.  This would seem to fit the definition of conspiracy.  

Moreover, this would also constitute a serious breach of the constitutional oath of office taken by Mayor Sottile.  Basically, this affidavit is proof that he condoned the filing of false governmental documents and allowed an employee to receive taxpayer money to which he was not entitled.  

In his recent press conference, Mayor Shayne Gallo said, "Indeed, prior administrations, unfortunately, condoned, gave consent, permitted the practice utilized by Salzmann ..."  This statement seemingly refers to the affidavit.

I urge the Ulster County District Attorney's Office to investigate this alleged affidavit.  If Sottile has signed an affidavit asserting under penalties of perjury that he not only knew what Salzmann was doing, but also condoned it and gave Salzmann permission to do so, then charges of Conspiracy in the Sixth Degree should be considered against both parties immediately. 
 

Bye Bye Bob

Alderman Bob Senor is leaving the Common Council and leaving the City of Kingston.  Apparently, Senor is getting married and moving to the Town of Ulster.  Do not be surprised if he tries to run for Councilman or Supervisor in the near future.  For the sake of the Town of Ulster, let's hope not.

Several people have put posts on this blog and others claiming that Senor has already moved and should be removed as an Alderman.  To be honest, I do not know whether this is true or not.  If it is, he should be removed. 

Bob leaves an interesting legacy from his tenure as an Alderman.  He started as a Republican.  His first 2 years on the Council were the last 2 years the Republicans had the majority.  They were unable to do much because Bob was the deciding vote.  He would announce his position before the meeting and then frequently vote the other way without warning.  He was eventually asked to not even show up to the Republican caucus.

He caused tremendous controversy when he foolishly called Alderman-at-Large Sottile "Hitler" during a Common Council meeting.

Perhaps his most famous moment came after he took some personal shots at Jay Hogan and Jay's mother, Alderwoman Rose Hogan, backed Bob against the wall by grabbing him by his skinny neck.  Some accounts have Rose slapping Bob, but she actually just grabbed him by the throat.  The look of terror in Bob's eyes was worth the price of admission.

Later, when I was elected to the Council, I defeated Bob for the position of Minority Leader.  This infuriated him.  He spent the next 2 years undermining anything I attempted.  Not many people know this, but Bob attempted a coup and almost got me removed as Minority Leader.  Ironically, the deciding vote changed his mind at the last minute and voted for me.

As an example of the type of things Bob would do, there was a resolution I wanted to speak about.  When I was given the floor, Bob asked if I would grant him the courtesy of speaking first.  When I agreed, he immediately made a motion to table the resolution which prevented anyone from speaking on the subject.  It was a very petty and nasty thing to do.  Bob thought it was funny and clever.

Later, Bob changed his enrollment and joined the Democrats.  He claimed the reason was because he did not like where the Republican committee was heading.  The real reason was that I had convinced one of the Democrat Alderman to join the Republicans and was close to getting a second which would have made me Majority Leader.  Once Bob left, that could not happen.  To be truthful, I know of no Republican who was sad to see Bob leave and no Democrat who was happy to see him join their party.

I hope Bob has a successful marriage, stays out of Kingston, and lives happily ever after with his new bride.  I also hope he never returns to politics again.