David Paterson

Paterson Talks Pensions On Squawk Box

Governor Paterson kicked off his final day in office by appearing on CNBC’s Squawk Box, and discussing today’s Op-Ed in the Daily News about the looming pension crisis.

Paterson detailed many examples of the changes that other states and cities are making to pensions, in order to keep them sustainable. And he warned that unfunded pension liabilities might be between 2 and 4 trillion dollars, so sacrifices are going to have to be made next year.

“What you might see is a serious downgrade in 2011 of their asset pools, and that would create a major problem. Everybody would suffer if there is a meltdown in pensions,” Paterson said.

“And that puts us in the position of having to make a financial, and also a moral choice. Which is, are we going to hurt taxpayers who would have to write off this debt that they had nothing to do with. Or, are we going to take those people who have provided the broad revenue basis that we all have been able to live, those in retirement, and abandon them.”


Paterson Counsel Gets Appointment

Governor Paterson has appointed his counsel, Peter Kiernan, as the chair of the state Law Revision Commission, replacing Robert Pitler.

The job does not require state senate approval. It also is an unpaid position, responsible for examining and considering changes to current laws and reporting back to the legislature annually.

“Peter Kiernan has been an outstanding Counsel and a trusted member of my Administration,” Governor Paterson said. “I am very pleased to appoint him as Chair of the Law Revision Commission.”

Peter J. Kiernan has been Governor Paterson’s Counsel since November 2008.

More Paterson Pardons

Governor Paterson has just released another, and likely final, round of pardons. As was expected, all of them are related to immigration issues.

Here they are:

• Khamsay Chanthavilaychit received a pardon for an August 2003 conviction for the Class A misdemeanor of Criminal Possession of a Weapon in the Fourth Degree, for which he was sentenced to a three-year term of probation. Chanthavilaychit was brought to this county at age two, as a war refugee from Laos, and he has been gainfully employed for the last 16 years. He is currently facing removal after being placed in proceedings when he applied for and was denied naturalization.

• Aqustin Prado was convicted of the misdemeanor offense of seventh-degree possession of a controlled substance in 1993, for which he was sentenced to a conditional discharge and performed five days of community service. In the 17 years since this conviction, he has led a law abiding life, is a home owner, and is married and the father of two young daughters.

• Clint Ramos was convicted of four counts of Grand Larceny in the Third Degree in June 2001, and he was sentenced to five years on probation. At the time of his conviction, Ramos was severely drug addicted, but he has since overcome that addiction and has been a sponsor for more than 10 persons in recovery. Ramos has become an award-winning costume and set designer and is well-known and respected in the New York Theater community. His pardon application has received overwhelming support from numerous members of that community, who describe him as a brilliant and innovative artist as well as an asset of real value to the American theater.

Paterson Cuts Deal Over ICE Enforcement

Governor David Paterson just announced that he has reached a deal with the Department of Homeland Security to make sure that Immigration and Customs Enforcement officials focus their attention on illegal aliens who pose the greatest risk to public safety.

Just this morning, on WOR’s “The John Gambling Show”, Paterson talked at length about his research into the issue of immigration as part of the pardon process, and about how he often found that ICE officials were targeting people who were contributing to society, but were being deported for minor offenses that took place decades ago in many cases.

“We have serious problems out there and I was surprised at the amount of energy being spent on these people who aren’t committing crimes,” Paterson told Gambling.”

In the statement, Paterson says advocates for immigration reform brought the matter to his attention. They expressed concern that the old agreement focused too much on minor offenses, which discourages aliens from cooperating with police.

“While I am very concerned with protecting the civil rights of immigrants, I am equally cognizant of the fact that this State is a prime target for terrorism,” Governor Paterson said. “This new agreement balances the homeland security and civil liberties issues that have surrounded the Secure Communities initiative.”

“I continue to believe it is appropriate and important for New York State to share information with the Federal government that could protect us from terrorist attacks. However, advocates have raised valid concerns, which is why I instructed my staff to renegotiate the agreement with the Federal government.”

Paterson signed the agreement earlier this week, on December 28th.

Gov Says Sanitation Bosses Actions Could Be Criminal

Governor Paterson thinks an investigation should be launched into today’s NY Post report that some sanitation department bosses specifically told workers to take off routes and plow major arteries less frequently in order to send a message to Mayor Bloomberg for cutting their budget.

During an interview on WOR’s John Gambling show, Paterson agreed with the host that if the allegations are true, criminal charges should be pursued.

“I would have to check and see what crime they could be charged under,” Paterson said. “But criminality is a heightened sense of wrong doing. And in this case, there were people who were certainly harmed by these actions.”

The Governor also spoke about his recent controversial commutation of manslaughter convict John White, the black Long Island resident who shot and killed a white teenager who was part of a group of teens who were harassing his family.

Paterson says he spoke with the family of the victim, Daniel Cicciaro, for an hour. He says he explained why he felt that White should be released with time served.

Paterson’s 24 Christmas Pardons

Gov. David Paterson announced this morning that he has issued 24 more pardons to immigrants subject to deportation because of their prior convictions.

At a press conference in his Manhattan office (which started 36 minutes late), Paterson had some strong words for the federal Immigration and Customs Enforcement Office, which he said is casting too wide a net and catching small fish while trying to keep the US safe from terrorists.

“As we tighten and strengthen our laws on those highest offenders, there is no reason that we should be as inflexible and insensitive for those who have committed comparably smaller crimes, particularly when there’s only one offense,” Paterson said.

“I believe in rehabilitation and redemption. ICE clearly does not.”

UPDATE: Here’s the press release with the names and background information of the pardonees.

Paterson said the people he has pardoned have “paid their debt to society” and are now “otherwise enterprising citizens.” He said he recognizes the power of pardons and insisted he has only utilized it in the interest of “justice.”

He spoke of one man who committed a misdemeanor crime 37 years ago and is now facing deportation.

Another man shot and killed an intruder who was sneaking into his window, the governor said. The DA declined to charge the man with murder, but he was convicted on an illegal weapons charge. “ICE ignores the law because there was a death in the incident,” Paterson said.

The governor lamented that crimes that were once not considered deportable offenses now are classified as such. He suggested people who pleaded guilty to those crimes years ago might not have done so had they known the law would change.

Prior to today’s announcement, Paterson had already granted 9 pardons to immigrants convicted of crimes that included drug possession, robbery, and attempted murder. All were subject to deportation as a result of their convictions.

This past May, the governor set up a panel to weigh pardons for people facing deportation. He set an Oct. 1 deadline for applications and received 1,100 pleas.

During the press conference, Paterson was grilled about the controversial commutation he issued yesterday to John White, an African-American man who was convicted of manslaughter in the 2006 shooting of a white teenager, Daniel “Dano” Cicciaro Jr.

The governor was criticized for announcing the commutation prior to speaking with the Cicciaro family. Paterson admitted that “in retrospect I would have sought the victims’ input.” He said he spoke with Cicciaro’s parents for about an hour this morning.

Paterson refused to disclose the details of that conversation and insisted he would not have changed his mind about White’s commutation had the talk taken place prior to his granting of it.

He did, whoever, say Cicciaro’s mother has raised some “issues” that he will “think about over the holidays.”

Paterson Commutes Sentence In Racially-Charged LI Case

Gov. David Paterson announced today he has commuted to time served the prison sentence of John White, a black Long Island resident who was convicted in 2006 of shooting and killing Daniel Cicciaro, Jr., a white teenager involved in an altercation with White’s son, Aaron.

The commutation is conditioned upon White not engaging in subsequent violation of law.

“Our society strives to be just, but the pursuit of justice is a difficult and arduous endeavor,” Paterson said.

“While the incident and Mr. White’s trial engendered much controversy and comment, and varying assessments of justice were perceived, its most common feature was heartbreak.”

“My decision today may be an affront to some and a joy to others, but my objective is only to seek to ameliorate the profound suffering that occurred as a result of this tragic event.”

“On August 9, 2006, a young life was lost, beliefs were challenged, lives were ruined and a community became distraught. No one intended this, yet everyone suffered,” the governor continued.

“I am deeply saddened by the events of that day and am committed to working to heal the pain that it has caused to the affected families and community. The action I am taking today is one of understanding, forgiveness and hope, which I believe are the essential components of justice.”

White was convicted by a jury trial of manslaughter in the second degree and criminal possession of a weapon in the third degree following a fateful incident on August 9, 2006 in Miller Place, N.Y.

The incident, as described by Paterson’s press release, was “characterized by fear, stress, panic, anger, confusion, misunderstanding and a clash of values and impulses – all in a period of less than three minutes.”

Newsday covered the story exhaustively. The paper quoted a member of the jury in 2007 saying he had felt “pressured” to convict White of manslaughter by fellow jurors anxious to be free to celebrate the rapidly approaching Chrismas holiday.

The New Yorker’s Calvin Trillin profiled the case in the March 3, 2008 issue of the magazine.

Cuomo Keeps Schwartz, Brings Back Francis

As expected, Governor-elect Andrew Cuomo has decided to keep Larry Schwartz, the top aide to outgoing Gov. David Paterson, to assist with the transition.

Schwartz, the former chief operating officer to ex-Westchester County Executive Andy Spano, is Paterson’s third secretary, (following Bill Cunningham, who followed Charles O’Byrne). He will serve as a senior advisor to the governor, Cuomo announced this morning.

This is really a codification of a role Schwartz adopted some time ago. For months now, he has been seen as the behind-the-scenes liaison between the Cuomo and Paterson administrations.

In addition, he governor-elect has tapped Paul Francis, former budget director and director of State Operations for the Spitzer administration, to serve as director of Agency Redesign and Efficiency.

This is a newly created position, and one that will focus on a top priority of Cuomo’s: Reorganizing and right-sizing state government.

“Paul knows as much about how the private sector works as he does about how government works, and this is exactly the type of experience and perspective we need in order to take on the critical task of reorganizing and rightsizing State government for the first time since the 1920’s,” Cuomo said in a press release.

During the campaign, Cuomo pledged to initiate the first major state government reorganization in decades. Francis will direct this process, which, according to the release, will include “a broad and deep evaluation of over a thousand agencies, authorities, and commissions to find efficiencies and reduce costs.”

Francis has been quietly advising Cuomo for months now. After his stint with the Spitzer/Paterson administration, he joined Bloomberg LP in the company’s Financial Products group.

The press release, which includes the professional histories of both Schwartz and Francis, along with praise for the Francis appointment from state Business Council Executive Director Ken Adams, appears after the jump.

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Double The Pain

A reader forwarded this memo sent late last week by Gov. David Paterson’s secretary, Larry Schwartz, to political appointees asking them to submit yet another letter of resignation in advance of Governor-elect Andrew Cuomo’s arrival on the second floor.

Apparently, there were mistakes in the suggested resignation language included in the first letter, which was sent out to some 2,500 people on Dec. 14. Also, people were instructed to tender their own pink slips to the wrong place (the Budget Division, rather than Schwartz’s own office).

So, Schwartz made some changes and then sent this one on Dec. 17, informing recipients that they had until close of business Dec. 21 (this past Tuesday) to comply.

Needless to say, Schwartz isn’t the most popular person at the Capitol these days. A number of appointees have privately expressed their dismay over this move, although Republicans who worked in the Pataki administration insist it’s a pretty standard thing to do.

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Gov Nixes Prevailing Wage Bill

Gov. David Paterson has rejected a bill that would mandate service workers at public utilities be paid a prevailing wage – a measure that pitted labor unions (pro) against business interests (anti).

CapCon’s Jimmy Vielkind, who caught Paterson’s WOR interview with John Gambling this morning (which I competely spaced on; apparently, my brain is already on vacation), reports:

Paterson said that by targeting “really, private companies that are assumed to have a significant public interest” would lead down a slippery slope.

“I’m vetoing that bill because we think that it sets a very bad precedent,” Paterson said. “First it will be Con Ed, then it will be some other private institution.”

“And we certainly want workers to be compensated but we think, particularly the business districts would have been severely harmed by the passage of this legislation. And right now, in the middle of a recession, it is very hard to start creating a new wage cycle.”

The bill was one of just three remaining pieces of legislation the governor has to deal with before his tenure ends at midnight on Dec. 31. All the bills were sponsored by outgoing Senator/AG-elect Eric Schneiderman.