Andrew Cuomo

CSEA Launches Anti-Budget Ad

The Civil Service Employees Association is launching a new leg in its advertising campaign by slamming Gov. Andrew Cuomo’s $132 billion budget proposal.

From the ad:

“The truth is what you don’t know can hurt you. There’s no transparency or accountability. It erodes decent jobs, harms our communities and diminishes services New Yorkers rely on.”

Not mentioned but suggested in the 30-second is the new, less-generous pension tier Cuomo inserted into the budget that would only apply to new public employees. Tier VI allows for the option of a 401(k)-style contribution.

Cuomo told an audience of county executives on Wednesday that the fight over pensions and teacher evaluations were the two most contentious and potentially bruising fights he’s facing this legislative session (the governor referred to it as the “Battle of Albany”).

Cuomo at the meeting said he wanted to enlist the county executives in the battle, style himself as a latter-day Uncle Sam.

NYPIRG: Big Money Flows To Cuomo

In a cheery sign the darkened economic cloud is lifting in New York, 127 donors gave $50,000 or more to various statewide candidates or campaign committees in 2011, according to a report from NYPIRG this morning.

Bill Mahoney, the spreadsheet king of Albany, found that many of the donors were able to drop large sums of cash by donating to various “housekeeping accounts.”

He found that of the donors who donated $50,000 or more, Gov. Andrew Cuomo has received the lion’s share: nearly $3 million from 79 of the donors. Cuomo has called for a tightening of campaign-finance laws.

Because of the state’s archaic laws, NYPIRG notes that it’s possible some donors used companies with dissimilar names wrote checks from different addresses making them difficult to identify.

Says Mahoney:

“Until campaign finance disclosure requirements are reformed to illuminate these relationships, there will likely be a few donors for whom the full exten of their contributions is not accurately identified.”

NYPIRG Largest Donors of Past Year

Source: Cuomo Admin ‘Campaigned’ For Biben To Run JCOPE (Updatedx3)

Two sources with knowledge of the process confirmed the NYT scoop that the Joint Commission on Public Ethics has quietly tapped a longtime top aide to Gov. Andrew Cuomo, Ellen Biben, to serve as its executive director.

The vote, which took place this past Tuesday, was not unanimous. Eleven of the 14 JCOPE commissioners voters in favor of Biben, a former federal prosecutor who worked in Cuomo’s AG office and now serves as state inspector general. The three who did not vote for her were all legislative appointees. Biben’s selection has angered the legislative leaders – particularly Assembly Speaker Sheldon Silver – according to one source. UPDATE1: I’m now told Silver is actually completely OK with Biben and will be issuing a statement shortly.

One source said two of Senate Majority Leader Dean Skelos’ JCOPE appointees voted for Biben and one abstained, but did not vote against her.

JCOPE members spent a long time behind closed doors in executive session Tuesday. They were known to be discussion the selection of a new executive director, but emerged without saying a word about their pick. (See Nick Reisman’s video below).

The commission also isn’t formally confirmining Biben’s hiring, even though she has, according to a source who received word from JCOPE Chairwoman Janet DiFiore, accepted the position.

“There’s no information to report at this time,” Theresa Schillaci, who has been more or less the acting director of JCOPE was officially formed last month, told Nick this afternoon.

I haven’t been able to get ahold of IG spokesman John Milgrim, who used to work in Cuomo’s press shop. One source told me Biben has already resigned her IG post and started her new job. Both the executive director’s position and running the IG’s office are full-time gigs. I can’t see how Biben would be able to do both.

According to one source familiar with how Biben was selected, a four-person search committee was formed that consisted of DiFiore, one Cuomo appointee, one Silver appointee and one Skelos appointee. The search committee reviewed resumes and then the majority voted to recommend Biben to the full 14-person commission.

“This was wired from the beginning,” the source said. “I think they had her in their sites from day one…Cuomo out-maneuvered everybody on this. The question is: How wide a net was cast and does it have holes in it?”

Another source said Biben’s selection was a foregone conclusion well before Tuesday and “her campaign was being run out of the governor’s office and aimed at a very select group of people: The search committee.”

UPDATE2: The WSJ’s Jacob Gershman reports the governor’s office “directly reached out to legislative leaders to promote Biben’s hiring” during the week leading up to Tuesday’s meeting.

The selection of Biben raises questions about the ability of JCOPE to be independent. The commission may find itself in the position of investigating the governor – its predecessor, the Public Integrity Commission, had to probe both Gov. Eliot Spitzer (for Troopergate), and Gov. David Paterson (for the Yankees ticket scandal and the David Johnson domestic violence mess) – and also has, for the first time, the power to investigate legislators.

The independence question led to the resignation of former PIC executive director Herb Teitelbaum, who was found by the former IG, Joseph Fisch, to have violated the Public Officers Law by sharing information with the Spitzer administration about the commission’s Troopergate investigation while it was still active.

JCOPE, which was formed last year as a result of the reform deal reached early in Cuomo’s tenure, has been under fire almost since its inception. A number of its appointees raised eyebrows and its proceedings have been criticized for a lack of transparency.

UPDATE2: Although the Cuomo administration hasn’t yet confirmed Biden’s selection, the League of Women Voters released a statement applauding her appointment, saying she will “contribute” to JCOPE’s overall goal of “strong oversight” to restore trust in state government.

Let The Ad Wars Begin

The state United Teachers Union is kicking off a “statewide information and advertising campaign” meant to sway public opinion to their side on the complex teacher evaluation debate being had in Albany.

It’s taking the form of a newspaper advertising campaign and, coupled with the CSEA commercial that is hitting the airwaves, it signals the unofficial start of the session’s ad wars.

“Too much emphasis on standardized tests will naturally lead to a narrowing of the curriculum to focus only on what’s being tested, and even more ‘teaching to the test,’” NYSUT President Dick Iannuzzi said. “Teachers don’t want that; students don’t need that, and parents certainly have serious concerns about how that would impact their children.”

NYSUT says the ads will be farmed around teachers backing high standards, flexibility on the local level and a balanced approach in using test data for evaluations.

The union says he ads will appear in the Albany Times Union; Buffalo News; Newsday; Rochester Democrat and Chronicle; and Syracuse Post-Standard, as well as the Poughkeepsie Journal, Utica Observer-Dispatch, Binghamton Press and Sun-Bulletin and Plattsburgh Press-Republican. Ads are also appearing on newspaper websites.

As Rick over at CapCon noted earlier, the Civil Service Employees Association is undertaking a radio and newspaper campaign in opposition to aspects of Gov. Andrew Cuomo’s budget.

Usually Albany special interest groups — the vague-sounding straw man that Cuomo has railed against — unleash a torrent of concern ads in response to the budget.

But the biggest spender on advertising last year was the Cuomo-aligned Committee to Save New York, a collection of wealthy business-backed interests that was largely in synch with the governor’s agenda last year. CSNY, surely an Albany “special interest” if there ever was one, spent more than $10 million lobbying last year. And as Liz scooped earlier, the committee has reoriented itself for 2012 with a new PR firm.

What A Difference Five Years Makes

Reports that the Senate Republicans have their collective heart set on keeping the state primary date of Sept. 11 rather than on June 26 in conjuction with the federal contests (as determined last week by US District Court Judge Gary Sharpe) set off the hypocrisy alarm for longtime political consultant Jerry Skurnik.

Skurnik emailed earlier today to remind me that in 2007, the governor and legislative leaders – at the time that meant Assembly Speaker Sheldon Silver, Senate Majority Leader Joe Bruno and Gov. Eliot Spitzer – delayed the Sept. 11 primaries by one week, pushing them back to Sept. 18 to avoid having them fall on the anniversary of the terrorist attacks on the World Trade Center.

NYT columnist Clyde Haberman wasn’t a fan of this decision, arguing that it was a disruption of democracy and therefore a victory for the terrorists. He reported:

“Lawmakers reached this conclusion in virtual lock step, some no doubt fearing the potential wrath of 9/11 families. The State Senate voted for the delay unanimously. In the Assembly, the vote was 136 to 9, the tiny minority consisting of 6 Democrats and 3 Republicans.

“Joseph L. Bruno, the Senate majority leader, called it ‘critically important that we reserve Sept. 11 as a day when the world looks back and remembers the many heroes who lost their lives.’ But couldn’t we remember and vote at the same time? Some might even say that democracy’s normal processes would honor those heroes while telling the terrorists in a powerful way where they can go.”

“‘Yes, you can make the case for that,” said John E. McArdle, a spokesman for Mr. Bruno. “But I think there was a consensus all the way around that it was preferable to go this route.’”

“Much the same was said by Dan Weiler, a spokesman for Sheldon Silver, the Assembly speaker. He was asked for Mr. Silver’s reasons for seeking the postponement. As relayed by Mr. Weiler, the speaker’s response was, ‘We felt it was the appropriate thing to do.’”

Apparently, Sen. Dean Skelos, who voted in favor of the change along with the rest of his conference back then, is no longer concerned about the possibility of having the primary coincide with what has become a day of remembrance now that he’s majority leader.

Skelos said he’ll be discussing the primary problem with the Assembly, and insisting that having three contests is “not my druthers.”

Silver said he’d prefer to avoid the three-primary route. Ditto for Gov. Andrew Cuomo. But no far, neither Democrat has said which date they’d prefer.

The primary cannot be moved until all sides agree.

Uncle Andrew Wants You

The photoshop department of the Cuomo administration must have trouble keeping up with their boss.

At today’s state Association of Counties meeting at the Desmond Hotel in Colonie, Gov. Andrew Cuomo pulled more shtick with the photoshopping of his face (for his second State of the State, the governor put his head on a baby while demonstrating how low the tax rates have gotten for some middle-class income earners) and this time it’s governor-as-Uncle Sam.

The slide was inserted in Cuomo’s budget Powerpoint presentation, which he unveiled at the meeting today.

Perhaps unintentionally, the image counters The Daily News’s own photoshop of the governor as King Louis XIV following his “I am the government” declaration.

But behind the joke today was a serious call from Cuomo to enlist the state’s county executives to support his budget, which includes proposals designed to ease the burden local governments, including a phased-in state assumption of Medicaid costs increases and the less generous pension tier for new workers.

The governor is a fan of building coalitions on all manner of topics, most notably same-sex marriage.

“I need YOU to make this happen,” Cuomo said.

He referred to the pension proposal as well as his plans to overhaul teacher evaluations as the two biggest fights he’s expecting this year and he repeatedly referred to it as a “battle.”

“You may not hear cannons and musket fire, but there s a battle that’s going on in Albany,” he said.

Uncle Sam Slide

Cuomo: Compressed Political Calendar ‘Unhealthy’

Gov. Andrew Cuomo wouldn’t take a position what date the state’s primary should fall, but said the short elections season is a potentially “unhealthy” development for democracy.

Cuomo said he had not had any discussions with the Legislature after a federal judge moved the Congressional primary date to June 26. The state’s primary is still Sept. 11 and the presidential GOP primary is on April 24.

“I have not had any conversations beyond what I’ve read,” the governor said at gaggle following his speech to the New York State Association of Counties. “Obviously this is less than an ideal situation for the state.”

Asked if he thought June 26 should be the date for the Congressional and state elections, he demurred.

“I don’t know what the date is, but I don’t think three primaries helps anyone,” he said.

Senate Republicans continue to insist on an August date, saying that the June primary injects too much chaos into the end of the legislative session. The Assembly wants a June primary, arguing that too many people are out of town in August.

The deadlock could lead to the three primary scenario, a costly option for local governments.

“I don’t think the taxpayers want to pay for three elections,” Cuomo said.

Meanwhile, lawmakers are yet to complete the redistricting process for state lines. Congressional districts are yet to be drawn.

The governor said that with the new primary date, plus the uncertainty over redistricting, has helped incumbents at the expense of potential challengers.

“That is another problem, which is compounding this problem which is the deadline when the judge moved the election up to June, you now have a very short window for the election. And if you’re interested in democracy, short election periods are highly problematic because they favor the incumbent. It’s such a short period of time, the challenger doesn’t have the money, can’t raise resources in a short campaign.”

He added: “That’s also I think really unhealthy for the body politic and for the election process.”

Governor Reaches Contract Deal With PBA Of NYS

Governor Cuomo and the President of the Police Benevolent Association of New York State just announced that they have reached a contract deal that includes no salary increase for last year or this year, but provides protection against layoffs in the future. The union represents the University police, Park Police, EnCon Officers and Forest Rangers.

The deal also calls on employees to pay a higher share of their health care costs, but gives them the option of opting out of the plan and receiving a bonus of $1,000 individual/$3,000 family. It also calls for random drug testing and drug testing for probationary employees in addition to reasonable suspicion testing, and requires members to take 9 days of deficit reduction leave.

“By working together and taking into account the fiscal realities facing our state, we have been able to agree on a contract for these members of law enforcement who work each day to protect New Yorkers,” Governor Cuomo said. “This ratified contract recognizes that shared sacrifice is needed, and I thank President Vilar for his leadership.”

PBA of New York State President Manuel Vilar said, “This overwhelming endorsement puts an end to years of uncertainty, anxiety and frustration for our members and their families. From the beginning, we promised the membership that the PBA representatives were committed to crafting a contract that reflected the needs of its members, and pledged that the merits of the proposal would be negotiated by its members.

We are grateful that Governor Cuomo and his administration recognized our willingness to negotiate a fair and reasonable contact. It is gratifying to know that in less than six months from the date it began representing the women and men of the PBA of New York State, we were able to deliver a contract that previously eluded our members, and will provide security for their families and futures.”

Cuomo Prods Assembly On DNA Database

In his statement praising the GOP-led Senate for passing an expansion of the DNA database, Gov. Andrew Cuomo prodded the Democratic-controlled Assembly to do the same thing.

“Today the New York State Senate passed the DNA Databank Expansion Bill, an important step in protecting New Yorkers and modernizing the state’s criminal justice system. This critical crime fighting resource embraces technology to help protect the innocent and convict the guilty. I want to thank Senators Golden and Saland for sponsoring this legislation. I call on the Assembly to do the same so I can sign this bill into law immediately.”

The measure passed 50-10.
Passage in the Senate today came after a news conference featuring law enforcement officials from around state lent their support to the measure (the news conference can be found here via Senate Media Services).

When database expansion bills have come up in the Assembly in the past, the measure has included items that would expand criminal defense, add-ons that Sen. Stephen Saland, R-Poughkeepsie, called “ancillary issues” earlier today at the news conference.

Silver Shrugs Off Three Primary Possibility

Assembly Speaker Sheldon Silver does not seem terribly perturbed about the prospect of having three separate primaries – federal, state and presidential – despite the fact that he and his Democratic colleagues have indicated a preference for moving the state contests up to conform with Judge Gary Sharpe’s mandated June 26 date for the House and US Senate races.

During an interview this morning with The Captiol Pressroom’s Susan Arbetter, Silver reacted to a DN report that Senate Majority Leader Dean Skelos, who had been pushing for an August primary, now has his heart set on maintaining the regularly scheduled Sept. 11 state races, despite the fact that to do so would cost an additional $50 million. (And that’s on top of the $100 million combined cost of the April 24 presidential primary and June 26 federal primaries).

“I’d like to see the primary, you know, in June on the same day,” Silver said. “It would cost localities more money to run another primary in September. However, you know, it’s (Skelos’) perogative not to pass legislative to conform to the judge’s decision and have the state primary run in September.”

Silver also doesn’t share the anxiety expressed by LATFOR co-chair Assemblyman Jack McEneny and others that Sharpe’s ruling is difficult – if not outright impossible – to adhere to, given the confines of the redistricting process and the political calendar. Said the speaker: “I believe in the power of federal judges, and if they order something to happen they will provide the remedy to make it happen.”

Silver declined to comment on the Senate Democrats’ lawsuit challenging the GOP’s proposal to add a 63rd Senate seat, saying it will be up to the state attorney general to make that determination. (I find this confusing…because the AG has to decided which side to defend? Can’t he recuse himself and kick the issue to outside counsel, as has been done by past AGs when two branches of government duke it out in court?)

The speaker said negotiations with the governor on a potential constitutional amendment that would overhaul the redistricting process in time for the 2022 elections are “not actually taking place” at the moment, adding: “They’re in spurts; they start, they stop. It’s for ten years from now, really, to have a major impact, so, you know, the people of the state will have the opportunity to weigh in on the final product.”

That said, Silver insisted he’s completely on board with the idea of taking the partisanship out of the redistricting process.

“We had no problems redistricting and bringing our Assembly Republican colleagues in and talking to them about what their desires are and giving their desires some weight in the process,” the speaker said. “And I think that’s what is the key to everything: Taking the partisanship out of it and making it a nonpartisan plan, or a bipartisan plan, providing equal access to both parties in each house.”