Comptroller Candidate Assails Pension Fund Borrowing Plan

WPCNR CAMPAIGN 2010. From The Wilson Campaign. July 28, 2010: 


 At a news conference at the Michaelian Buillding today, state comptroller candidate Harry J. Wilson (R) and state senate candidates Bob Cohen (R) and Liam McLaughlin (R) today warned Westchester residents face sharply higher property taxes if a plan of state comptroller Thomas P. DiNapoli is put into effect.


 


 


The secretive borrowing scheme, the brainchild of state comptroller Thomas P. DiNapoli (D), would allow the state to borrow money from the state pension fund to make constitutionally required payments to that very same fund, with interest.  The plan attempts to hide the massive underperformance of the pension fund, relative to its 8% target return.


 


That underperformance Wilson alleges, will lead to dramatically higher taxes in Westchester County and statewide.  Under New York State law, state and local governments are required to make up any shortfalls in the state pension fund, and that money is typically raised at the local level through property or other tax hikes.


 


“This plan is sheer madness, and the people of New York State need to be told about it,” said Mr. Wilson, a Scarsdale resident and a nationally recognized corporate restructuring expert. “What Mr. DiNapoli is proposing is akin to using a home equity line to make a mortgage payment. It is Albany fiscal gimmickry at its worst, and, as usual, the taxpayers of New York State are being left in the dark by the Albany politicians.”


 


“Westchester County families are struggling with the highest property taxes in America, and this ‘DiNapoli Tax’ is simply unacceptable,” Mr. Cohen said. “This is an election year gimmick that will make Westchester’s property tax crisis even worse.  State Senator Suzi Oppenheimer (D) has said not a single word about this, just as she has passively allowed our property tax load to grow unbearable over the past two and a half decades.”  


 


“Record-high property taxes in Westchester are at an emergency level, yet Andrea Stewart-Cousins and Tom DiNapoli are about to raise them even higher,” Mr. McLaughlin, a C.P.A. and a former Yonkers Council Member, said. “What’s worse, this DiNapoli Tax is coming under the cover of darkness – they don’t want Westchester taxpayers to know they are about to get socked again. Ms. Stewart-Cousins has an obligation to her constituents to stop the DiNapoli Tax.”


 


Mr. Wilson said that, based on the best available information, he estimates that under the DiNapoli scheme:


 


1.       In just the first six years, the State will borrow over $4.5 billion, and local governments will be able to borrow in excess of $6 billion, totaling roughly $11 billion in actual or potential borrowing. Because the most recent version of the plan is an indefinite program, this massive borrowing will only grow in later years;


 


2.      The associated interest expense, assuming the midpoint of the publicly stated range, or 5%, will be in excess of $3 billion for the state and local municipalities combined;


 


3.      Over the next six years, the pension contributions of state and local governments will roughly triple — even assuming heroic but unlikely performance in the markets. For the average New York household, their share of these pension contribution costs will increase from just over $500 per household to over $1,800 per household – a $1,300 DiNapoli tax for every household outside New York City.


 


4.      It has been reported that these scenarios are based on the State Comptroller’s expectation that pension returns going forward will mirror returns from the period after the 1987 market crash. If those reports are correct, based on the current portfolio mix of the pension fund, the Dow Jones Industrial Average would have to hit 80,000 by 2022. If, instead, the Fund is basing its projections on its current, but also overly aggressive, 8% return assumption, then the Dow would have to hit nearly 30,000 by 2022. Both of these return scenarios dramatically exceed recent history and the expectations of professional investors. This enormous disparity highlights how important the Comptroller’s assumptions are to the policy debate, and he should provide transparency so that voters can evaluate exactly what he is proposing.


 


5. Mr. DiNapoli’s sole defense is that his plan is a “smoothing” plan that creates reserve accounts in good times. Yet two facts underscore why this defense is misleading:


 


a)      Under Mr. DiNapoli’s own projections, these reserve accounts don’t come into being for at least 15 years, and possibly much longer;


 


b)      In the only other time in New York State history that such a plan was tried, Alan Hevesi’s “one-time-only” plan also created reserve accounts but borrowed a tiny fraction of the amount available here. Those planned reserve accounts never came into use, yet New Yorkers still owe 60% of the original borrowing and pay nearly $100 million per year to pay off that borrowing. As unsuccessful as the Hevesi plan was, Mr. DiNapoli incredibly is seeking to expand it by 20 times or more – creating the largest Ponzi scheme in New York State history.


 


“‘The DiNapoli Tax’ can be stopped in its tracks if the taxpayers of New York State demand it,” Mr. Wilson continued. “That’s why I am so pleased that Liam McLaughlin and Bob Cohen are here today to alert their constituents to this secretive plan.  Every time Albany kicks the can down the road like this, it makes our taxes go up and our situation grow worse.”


 


Mr. Wilson further said that, “given the lack of transparency provided by the comptroller on key assumptions surrounding this pension borrowing plan, we are limited in our ability to exhaustively analyze it, but based on our best estimates and the best available information, we believe the Comptroller is walking New York State into a fiscal disaster. We first raised this issue well over a month ago, and the Comptroller has yet to come clean with New Yorkers on his assumptions. We await him living up to his responsibilities to taxpayers.


 


“I also challenge Mr. DiNapoli to show us other scenarios his office has run so we can see what happens to the Pension Fund if returns don’t mirror the best span the Fund has had,” Mr. Wilson continued. “For example, what happens if the Fund experiences returns similar to the last 10 years? Where is the responsible analysis, honest accounting and prudent management of our State Pension Fund?  It’s Mr. DiNapoli’s job to do these analyses, but he is either asleep at the switch or hiding the truth about this plan from the public.” 


 


Mr. Wilson said the unelected incumbent state comptroller, who first proposed the controversial Pension borrowing scheme in May 2009, needs to explain this questionable borrowing plan to the public.  Mr. Wilson specifically urged him to make clear exactly:


 


·         How much will be borrowed over the next 6 years, both by the state government and by local governments?;


 


·         How much interest expense will that borrowing cost NY taxpayers?;


 


·         How large will the contribution levels be in future years?, and  


 


·         How much worse will these problems be under more realistic market scenarios?


 

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Duration of Hockley Federal Case Not Unusual. Possibility: a New Election


WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. July 28,2010:


Matthew Gallagher, the Westchester County Attorney handling the Glen Hockley suit contending Hockley’s civil rights were violated when he was denied the ballot in the city Mayoral election last fall, told WPCNR, that the three months that the Glen Hockley vs. The Westchester Board of Elections case, now being considered by Southern District Federal Court Judge Cathy Seibel  “is not unusual.” Gallagher said he filed his last motion to dismiss April 2.


Gallagher also pointed out that Judge Seibel has virtually unlimited powers to establish a remedy.


Hockley, White Plains voters will recall, sued the Board of  Elections in Westchester County Supreme Court on the contention his civil rights had been violated  when the County Board of Elections of elections removed him from the ballot because Hockley failed to file a “Certificate of Acceptance” form on his own behalf.


Among the remedies Gallagher said that could be imposed would be a new election between Mr. Hockley and the now incumbent Mayor Adam Bradley. Gallagher said the judge had wide. latitude to fashion a remedy, citing the recent federal ruling against the village of Port Chester.




Judge Seibel has a unique and excruciating choice. If she dismisses the Hockley suit, you might say she is upholding the rights of the political bosses and operatives appointed by political parties to continue to be the ultimate gatekeepers.


If she rules in Hockley’s favor, she would be making a precedent-setting decision on the federal level that would have national effects,  sweeping away the many hoops and obstacles to political newcomers access to the ballot, who find themselves blocked from the ballot by paperwork errors.


The local Board of  Elections has shown particularly pickiness towards petitions and efforts of insurgent candidates. It attempted to keep Candyce Corcoran off the ballot for Common Council due a signature error on her petitions.   Corcoran herself found a New York court decision in her favor that the legal staff of the Board of  Elections was not aware of, thus getting her on the ballot.


Mr. Hockley is the latest victim of Board of Elections vigilance and intense examination of detail and paperwork where challenging candidates are concerned.  As a result of the keeping Mr. Hockley off the ballot last November, Adam Bradley ran unopposed.


Ramifications of a new election:


If Judge Seibel were to call for a new election shortly, say a rerun of Adam Bradley vs. Glen Hockley in November of this year, this would raise the spectre of a possible Hockley victory due to the unpopularity of the Mayor that has surfaced from his personal problems which he is working through in the courts. 


However, the judge could conceivably call for a completely new election, opening nominations to all parties to run against Hockley. That type of election would put the Democratic party on the spot, (if Seibel did not order  Bradley be on the ballot), making such an election a completely open process.


The Democrat City Committee, for example, would be put on the spot. Should they renominate Bradley who might surely lose due to the unpopularlity caused by his recent domestic violence case, say nominating Bill Ryan or Benjamin Boykin, or Dennis Power, instead?


Thomas Roach, the Common Council President is not eligible since he is running for Assembly.


Another possibility would be for Judge Seibel to remove Bradley on an interim basis, in which case Roach would take over as Mayor until the election were held.


WPCNR wants to assure that Mr. Gallagher did not suggest any of these scenarios, his comment was the federal court possesses  “a wide latitude” in devising remedies to correct situations.


In this instance, it is not easy being a judge.


The lawsuit originally was filed without an attorney by Hockley, White Plains resident Martin B. London, and the group Citizens for Glen Hockley. Former Mayor Delfino’s Executive Officer, the late Paul Wood, had planned to testify for Citizens for Glen Hockley, according to court documents.


The suit names Westchester Board of Elections Commissioners Reginald LaFayette and Carolee Sunderland, two of the Board’s employees, Jeannie L. Palazola and Douglas Colety, and White Plains Councilman Dennis Power.


The Judge gave the plaintiffs (Mr. Hockley and Mr. London) an opportunity to amend their original complaint to focus more on issues of interest to the federal court. The amended complaint alleges conspiracy with malicious intent to keep Hockley off the ballot for mayor, to suppress the vote during election day and to try to manipulate the results after election day. It alleges interference with constitutional rights and voting rights.

The lawsuit alleges that New York State election law was used to violate Hockley’s right under the first and fourteenth amendments of the constitution to run as a candidate for election, his right to associate for the advancement of his political beliefs, and his right of political expression as a candidate for Mayor of White Plains.


The lawsuit alleges that the right of voters in White Plains such as plantiff Martin B. London were violated because they lost their right to cast their votes effectively, their right to associate for the advancement of their political beliefs, and their right to political expression.

As you may recall, Hockley’s name was removed from the ballot, and he conducted a write-in campaign. Among other things, the lawsuit alleges that county election officials failed to stock machines with pencils for write-ins, as required by law…..and that poll workers were not properly trained in doing write-in votes and did not help voters with write-ins.

It alleges vote tampering, voting machine tampering, and irregularities and violations of election laws when the votes were counted. There were 45 pages of exhibits, designed to support the allegations.

The lawsuit asks for a jury trial; a finding that the Plantiff’s constitutional rights were violated; a new election; undefined compensatory and punitive damages; and, legal fees and costs.

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You’ll be Voting on Paper This Fall with new Voting Machines

WPCNR CAMPAIGN 2010. From Westchester County Board of Elections. July 25, 2010 UPDATED July 26, 2010. UPDATED 1:50 P.M. EDT (UPDATED COPY IN ITALICS):


Voters in Westchester County will see new optical scan voting machines at their polling places when they go to vote in the 2010 September Primary Election and November General Election.


City Clerk Ann McPherson confirmed to WPCNR Monday morning that the levered voting machines used for decades will no longer be used in White Plains polling places beginning with the September primaries. The optical scanners will be used in the congressional elections in November.


McPherson said the city has just received instrucitonal materials from Westchester County, and is devising a plan to educate White Plains citizens on the use of the machines, but that it has not been finalized yet.



These machines will replace the old lever machines, which will no longer be used in elections conducted by the Westchester County Board of Elections.


The White Plains Election poll worker who told us of this switch to the optical scanner describes the process this way:


I am a poll worker.  We have received training on the new machine.  Some of us, myself included, were also trained on the “Plan B” machine.  They may look the same superficially, but their operations are entirely different.  With the  ImageCast system the voter will be given a ballot and directed to a kiosk to mark it like an S.A.T. test and then take it over to the machine and feed it in. 


The scanner will verify that the ballot has been marked correctly (by which I DON’T mean that you have voted for the correct candidates), and then drop the ballot into a locked box. (It also tallies your votes.)  If the machine detects and error it can return the ballot, at which point you go back to the sign-in table and get a fresh one, but three strikes and you’re out.


Voting on the ImageCast is easy:



  • • Upon arrival at the polling place, the voter will check in with the Election Inspectors at the proper election district and sign his/her name in the poll roster book, as usual.


  • Next, the voter will be given a paper ballot and a privacy folder and will be directed to a voting booth that will provide the voter with a private location within which he/she can mark the ballot with a marking pen that is provided.


  • Finally, the voter will go to the voting machine and feed the ballot into the scanner, which reads the votes and drops the ballot into a secure metal box.

In addition to the optical scan voting machines, every polling place will be equipped with a Ballot Marking Device (BMD) voting machine. This machine gives those individuals who are unable to physically mark their ballots the opportunity to vote at the polling place. An Election Inspector will activate the BMD for the voter and audio/visual instructions will then guide the voter through the process.

Instructional Forums Schedule
Demonstrations and hands-on instructional forums will be provided by the Westchester County Board of Elections in the following towns:


White Plains
Westchester County Center
Thursday, Sept. 9, 7 – 9 p.m
Sunday, Oct. 3 1 – 3 p.m.


Bedford
Fox Lane High School
Thursday, July 29, 7 – 9 p.m.


You can read and print the flyer for additional information.


If you cannot attend one of these forums, you can:


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