The Latest Political Rumblings

The Republicans are currently searching for a candidate for Comptroller against Elliott Auerbach.  Although Auerbach is very beatable, no candidates have come forward thus far.  Jim Quigley has been repeatedly approached, but seems uninterested at this time.

Now, some Democrats (likely realizing how beatable Auerbach is this year) are pressing Republicans to cross endorse the incumbent Comptroller in exchange for a Democrat endorsement of County Clerk Postupack. 

I truly hope that Republicans reject this offer and come up with a solid candidate for Comptroller.  Nina Postupack was overwhelmingly reelected County Clerk the last time out and has no clear competition.  She has been a strong County Clerk and is exceedingly popular.  With her and Family Court Judge Mizel at the top of the ballot, the Republicans could present a very solid ticket.  By adding a good candidate for Comptroller, the Republicans could start a strong wave of votes that would likely keep the Legislature Majority and maybe even pick up a seat or two.

If the Republicans fail to present a solid candidate for Comptroller and cross endorse the Democrat incumbent, any momentum from the top of the ticket evaporates.  The odds are that --under such a scenario-- the turnout would be very low and the Democrats would retake the Majority of the Legislature.

Imagine a scenario with a really strong candidate for Comptroller such as John Guerin.  The top of the ticket would be Mizel-Postupak-Guerin and be the start of great excitement for Republican voters.  In such a scenario, the Republicans win all 3 of these elections and use that momentum to keep and strengthen the Legislature Majority.  Moreover, the victorious candidate for Comptroller (in this case Guerin) would be considered the next most likely County Executive after Mike Hein. 

Time will tell if the Republicans take advantage of this opportunity or squander it with a political deal.

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Rumors have started surfacing regarding Terry Bernardo and her legislative seat.  Most are untrue.  Allow me to explain.

First, the rumor that Terry Bernardo has resigned is patently false.  She continues to serve as County Legislator and Chair of the Legislature.

Second, the rumor that Troy Dunn is planning to run against Terry Bernardo is also false.  My understanding is that Mr. Dunn (a very strong candidate in his own right) is considering a run for the seat in 2015 if Terry Bernardo chooses not to run.  There is not going to be a Republican Primary between those two.

Third, no Democratic candidate has announced his or her candidacy.  The only candidate who has announced for the seat is the enrolled Republican who challenged Legislator Bernardo in the 2011 Republican Primary and the 2009 and 2011 General Elections.  Considering that Terry Bernardo won the 2011 primary with 71.8% of the vote (268-105) and the 2011 General Election with 76.4% of the vote (943-292), it is unlikely that Terry Bernardo will lose to this candidate.  {The 2009 general election is not a fair comparison of the vote as this was during the time of multi-member districts.  The count though was 3605 to 1719}

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As more political rumblings start to surface, I will address them.  These are the only ones of note right now.  To be fair, it is VERY early in the political year , but I will keep my ear to the ground.

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.