WHITE PLAINS CITIZENETREPORTER SETS RECORD VISITS FOR YEAR 7,017,658 VISITS! 2,098,003 VISITORS MADE 6 VISITS A DAY EVERY DAY. 63,330 UNIQUE VISITORS MADE 133,730 VISITS IN DECEMBER. WPCNR AVERAGED 17,284 VISITORS A WEEK, VISITING 31,270 TIMES.

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WPCNR Common Council Chronicle Examiner special to WPCNR from the Mayor’s Office, March 10, 2011:

The mayor’s office today announced that the US Office of Special Counsel in Washington, D.C.,  has issued a ruling on Council President Tom Roach’s eligibility to run for mayor in regard to the provisions of the Hatch Act.

The office reporting from Washington today said  Mr. Roach is completely eligible to run for mayor in view of the Hatch Act. Mr. Roach, the acting mayor of White Plains and Counsel president said in a statement:

“I am pleased that the office of special counsel issued their decision so swiftly and confirmed my position so completely. Hopefully, the Republican Party will cease this baseless political maneuvering and join me in focusing on the real issues facing our city and its residents.”

At the time the Republican party raised this issue, the BPC Adar, and the White Plains week television channel pointed out that the Hatch act did not apply because Mr. roach was an elected official.

The  Republican Party in a  letter to the media charged Mr. Roach was in violation of the Hatch Act,  but did not file any injunctions asking the court to stop the special election of March 31..

In a letter to Mr. Roach of March 7 made public today, . Anna Galindo– Marrone, Chief of the Hatch Act Unit of the US Office of Special Counsel, Washington, DC wrote:

“generally, an employee covered by the act may not, among other things, be a candidate for public office in a partisan election, I E, an election in which any candidate represents for example, the Republican or Democratic Party. However, the act specifically exempts certain state and local employees from prohibition against being a candidate for public office in a partisan election individuals whose principal employment is an elective office are among those persons were exempt from this prohibition.”

“Thus, when an individual is subject to the restrictions of the Hatch act by virtue of an elective office he holds, this exemption applies and the individual is not prohibited from being a candidate in a partisan election for an example, an elected Sheriff covered by the Hatch act by virtue of his position as a sheriff would not be prohibited from running for reelection, or otherwise being a candidate in a partisan election.”

Ms. Galindo – Morrone quotes the city charter, paragraph 46, pointing out that when the the president of the common Council shall act as mayor and possess all the rights of man, etc. Ms. Galindo Morrone writes “in addition to performing the duties of Council President, you are serving as the acting mayor until the vacancy is filled as provided by law. However, your current salary from the city is in accordance with your position. The Council President. Additionally, the city charter provides that such a person who acts as mayor shall be the acting mayor until the vacancy no longer exists. It is axiomatic that although you generally possess the powers and rights of marriage. You do not hold the office of mayor. Therefore, your principal employment for purposes of the Hatch act is as Council President and your coverage under the act is determined in accordance with that position because your position on the council is an elective office.”

“Even assuming you are covered by the Hatch act in that position. You would be exempt from the act’s prohibition against being a candidate for public office in a partisan election while employed on the Council. Accordingly, the Hatch act does not prohibit you from being a candidate in the partisan election for mayor of White Plains, New York. While employed on the council therefore, we are closing the file on this matter, with no further action,”

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WPCNR POLICE GAZETTE. Special to WPCNR from the Federal Bureau of Investigation. March 6,2011:

PREET BHARARA, the United States Attorney for the Southern District of New York, announced recently that STEPHEN SHEA, the former chief operating officer at Sky Capital, LLC, has pled guilty in Manhattan federal court in connection with a scheme to defraud investors through two successive securities broker-dealers—The Thornwater Company, L.P. (“Thornwater”), and Sky Capital, LLC.

According to the superseding indictment to which SHEA pled guilty, and statements made during the guilty plea proceedings before U.S. District Judge PAUL A. CROTTY:

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From 1998 through 2006, SHEA participated in a scheme with ROSS MANDELL, ADAM HARRINGTON, and others to defraud investors through material misrepresentations and omissions that induced people to invest in private placements and other purported securities investment opportunities. In fact, investor funds were substantially used to enrich the defendants and others; to pay excessive, undisclosed commissions to brokers; and to pay off victims who had lost money through prior purported investment opportunities.

In connection with the scheme, brokers, acting primarily from the offices of Thornwater and Sky Capital, LLC, in New York, New York, raised a total of approximately $140 million from investors. MANDELL allegedly controlled the operations of both broker-dealers.

As part of the scheme, brokers at Sky Capital, LLC, manipulated the market price of the stock of two affiliated entities, Sky Capital Holdings Ltd., and Sky Capital Enterprises Inc. (collectively “Sky Capital”). SHEA and others directed the market manipulation of Sky Capital stocks by enforcing a “no-net sales” policy designed to inflate the price of Sky Capital stocks. SHEA, and allegedly MANDELL and HARRINGTON, made undisclosed payments to Sky Capital brokers in exchange for their assistance with this aspect of the scheme.

* * *

SHEA, 38, of Brooklyn, New York, pled guilty to conspiracy and securities fraud charges. The conspiracy count carries a maximum sentence of five years in prison, and the securities fraud count carries a maximum sentence of 20 years in prison. SHEA faces a maximum fine of $250,000, or twice the gross gain or loss from the offense on the conspiracy count, and a maximum fine of $5 million on the securities fraud count. SHEA also faces mandatory restitution to the victims of his crimes. The charges against MANDELL and HARRINGTON remain pending and are merely accusations. They are presumed innocent unless and until proven guilty.

* * *

Mr. BHARARA praised the investigative work of the Federal Bureau of Investigation. He thanked the U.S. Securities and Exchange Commission for its assistance in this matter.

This case was brought in coordination with President BARACK OBAMA’s Financial Fraud Enforcement Task Force, on which Mr. BHARARA serves as a co-chair of the Securities and Commodities Fraud Working Group. President OBAMA established the interagency Financial Fraud Enforcement Task Force to wage an aggressive, coordinated, and proactive effort to investigate and prosecute financial crimes.

The task force includes representatives from a broad range of federal agencies, regulatory authorities, inspectors general, and state and local law enforcement who, working together, bring to bear a powerful array of criminal and civil enforcement resources. The task force is working to improve efforts across the federal executive branch, and with state and local partners, to investigate and prosecute significant financial crimes, ensure just and effective punishment for those who perpetrate financial crimes, combat discrimination in the lending and financial markets, and recover proceeds for victims of financial crimes.

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WPCNR COMMON COUNCIL-CHRONICLE EXAMINER. By John F. Bailey. March 3, 2011:

White Plains history was made Tuesday evening.

The Common Council passed a resolution 6-0 Tuesday evening calling a Special Election for Mayor for Tuesday, March 31, 2011. It is the first Special Election in the city’s history. Above, the historic moment Tuesday evening.

Tom Roach, Common Council President and Acting Mayor said prior to the vote, justifying the setting of the 30-day schedule by saying “White Plains has spent a year in limbo. It’s time for it to end.” The Council roll was called and Councilpersons Benjamin Boykin, David Buchwald, Milagros Lecouna, Dennis Power, Beth Smayda and Mr. Roach  all voted to set the date.

Speaking to WPCNR after the meeting, Roach said the Board of Elections would be able to print the ballots and program the optical scanner voting machines in time for the March 31 election. The city charter calls for the city in event of a vacancy in the office of the Mayor, to hold a Special Election within 60 days of the announcement of the vacancy. Adam Bradley resigned his position as Mayor February 28.  

According to a spokesperson at the Board of Elections Wednesday, Party nominees need to be registered with the Board 10 days after the Election date is declared by the city, which would be March 11, and independent individuals not nominated by a party have 12 days to get their signatures in to the Board. According to the Board spokesperson, the independent candidates, if there are any, have to collect 743 signatures to get on the ballot, and have until Monday, March 13, to get their paperwork in.

The Possibilities

WPCNR has learned that Glen Hockley has already started to collect signatures to put his name on the ballot. Hockley said he would be sure to file a certificate of acceptance this time. (He was removed from the November 2009 mayoral ballot by the Board of Elections for his failing to do so, and subsequently had his Federal Court lawsuit thrown out when he alleged his civil rights were being violated by the Board of Elections.)

Mr. Hockley said he was hopeful of being nominated by a recognized party, but definitely would be on the ballot on his line, he told WPCNR. Hockley has 12 days to collect his 743 valid voter signatures.

The Republican Party according to its Chair Brian Maloney has not nominated anyone yet. Queried if they might run Joseph Delfino, the former White Plains Mayor in a political comeback, Maloney said Delfino had not asked to be considered by the Republican nominating committee.Maloney  told WPCNR he has not invited Mr. Delfino to interview for the nomination.

Another possibility for the Republicans might be Bob Hyland who lost in a close race for Bill Ryan’s 5th County Legislature seat in November 2009. Mr.Delfino was seen cutting quite a swath at the Conservative Party dinner this week.The Conservative Party may announce its nominee as early as this Friday. 

Meanwhile, Mr. Roach, who is the Democratic City Committee nominee, may face a challenge from the floor when the Democrats meet one week from tonight (March 10th). Bill Ryan and the Councilman Benjamin Boykin are currently said to be lobbying district leaders in the Democratic Party.

Legal Challenge

In a legal development, Mr. Maloney has written a letter to the Special Counsel, U.S. Office of Special Counsel, and Secretary Janet Napolitano of the Department of Homeland Security alleging that Tom Roach running violates the Hatch Act by attempting to run for Mayor while Acting Mayor.

Roach dismissed this as the case Maloney is basing is protest, involved an appointed Acting Mayor, and  is not applicable in Roach’s opinion, since Roach is still serving as Council President. Part of that position duties are to serve as acting Mayor in event there is a vacancy in the Mayor’s office, as stipulated by the Charter. 

Asked if Mr. Maloney was considering filing a “Show Cause” order in court to halt the Special Election process awaiting a ruling, he said he would have to discuss that with his Executive Committee.

Maloney and Assemblyman Robert Castelli separately pointed out that the 30 day election schedule does not allow time to get absentee ballots to servicemen overseas, thus disenfranchising them. Casttelli said a law was passed by the Assembly Wednesday, and is expected to be passed by the State Senate and signed by Governer Andrew Cuomo Thursday as early as noon which would mandate in future special elections that 45 days be allowed to get absentee ballots out to veterans and servicemen.

Castelli ruefully allowed that such a law could not be retroactive.