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WPCNR CAMPAIGN 2009. By John F. Bailey. October 29, 2009: Nelson Kanter, attorney for Councilman Glen Hockley told WPCNR that the New York State Court of Appeals this morning declined to consider Mr. Hockley’s appeal of the Appellate Court, Second Judicial Department decision last week that removed Mr. Hockley’s name from the City Mayoral ballot in the citywide election next Tuesday.

Councilman Glen Hockley Permanently Removed from Mayoral Ballot by Court of Appeals today. Shown at Tuesday evening’s Common Council meeting.

Kanter said he was extremely dissappointed the court declined to review the case, in view of the inconsistencies on such procedural cases between the Third Department Appellate Court in Albany and the Second Department in Brooklyn. He said the Court of Appeals denying his client’s appeal did not “advance” the spirit of the 1992 Election Law, the intent of which, among many intents, was to prevent governments from denying the ballot based on procedural matters.

Mr. Hockley, Kanter said, is now reduced to a “write-in” campaign for Mayor.

Here is a brief history of Mr. Hockley’s political career to date, which ironically began and for all intents and purposes,  ended in the Court of Appeals today. Ironically the anniversary of the Great Crash of 1929, eighty years ago:

The decision, barring a successful write-in campaign, which is almost never heard of, effectively ends Mr. Hockley’s career where it began, in the Court of Appeals in Albany.

Mr. Hockley previously joined the Common Council through a Court of Appeals decision rejecting a Judge Francis Nicolai decision in 2001, when a jammed voting machine convinced Judge Nicolai that a Special Election in White Plains District 18 was needed to decide whether Mr. Hockley or his opponent, Larry Delgado should ascend to the Common Council. At the time, Hockley was represented by Adam Braddley

Previously, as readers of White Plains CitizeNetReporter will recall, Councilman Glen Hockley had learned that he was not going to be renominated by the Democratic Committee to run for his Common Council seat in November, due to his demonstrated support for Mayor Joseph Delfino’s policies on Open Space, the Station Square project, and other controversial development  and budget issues.

His support of Delfino initiatives with Councilman Arnold Bernstein, another Democratic councilman who was previously denied the opportunity to run again for his Common Council seat for supporting Delfino legislation, caused the Democratic City Committee to turn on Mr. Hockley and Mr. Hockley surmised he would not be nominated to run again even if he applied to run for the councilseat with the nominating committee, which Hockley did not do.

Hockley is the second elected incumbent to be removed from office de facto  by the Democratic City Committee, and not by the city electorate.

Mr. Bernstein when Milagros Lecouna was selected to run in his place in 2007, denying him virtually an automatic second term, primaried to contest her selection, as did a number of other persons in the 2007 Democratic primary. Bernstein lost and by losing the primary lost his seat. Lecouna, Benjamin Boykin and Dennis Power ran and won in the general election.

Seeing the fate of Bernstein’s primary effort, last year in 2008, Hockley attempted a different strategy, he nominated his own slate of candidates for District Leadership positions, in an attempt to either secure the Democrat nomination for Mayor or, at the least renomination for his Council Seat. The Democrat registered voters resoundingly defeated the Hockley slate, electing only one Hockley supporter.

This year, Mr. Hockley sought the Republican nomination for Mayor, but the Republican leadership refused to interview him for that position, but more mysteriously, failed to even nominate him for Common Council, deciding instead to endorse Adam Bradley for Mayor, and endorse Democrat Tom Roach for Common Council (a spot that could have gone to Mr. Hockley), and James Arndt and Leonard Lolis for the other two Council seats.

Hockley then mounted a campaign in June to run as an independent candidate for Mayor. He gathered the signatures, submitted his petitions on time, and did everything right. Almost. He for some inexplicable reason failed to sign a Certificate of Acceptance, accepting candidacy.

The Board of Elections pounced.

 By failing to sign a Certificate of Acceptance, the Commissioners of the Board of Elections(Reginald Lafayette and Carolee Sunderland) ruled Hockley could not be on the ballot, citing election law.

Hockley filed a law suit, claiming he had not been informed of the need to sign the Certificate since he was not running for any party, that he represented himself (and the Certificate language only asks that a person notificy the Board to decline a nomination).

In Supreme Court, Judge Francis Nicolai ruled in Mr. Hockley’s favor on September 10, directing the Board of Elections to put Mr. Hockley’s name on the November 3 ballot.

The Board of Elections appealed to the New York State Appellate Court in Brooklyn, Second Department,  which received the case October 20,  and upheld the Board of Elections original decision on October 22. Mr. Hockley decided to appeal to the Court of Appeals over last weekend and the case was filed at the Court of Appeals Tuesday. The bad news came today.

Hockley appealed to the state Court of Appeals on the grounds that the Third Appellate Court had made decisions striking down decisions that have excluded candidates from the ballot on procedural matters, asking the Court of Appeals to clarify its position in regard to strict versus liberal interpretation of procedural gaffes.

The Court of Appeals decided to make a decision by not making a decision, refusing to review the Hockley appeal matter today.

 

 

WPCNR POLICE GAZETTE. By John F. Bailey. October28,2009: Five members of the Common Council heard Dr. Frank Straub, Commissioner of Public Safety praise the overtime reductions and budget savings achieved by new 12-hour police patrol schedules and 24-hour firefighter work schedules in effect the last nine months Tuesday evening.

 

Commissioner of Public Safety, Dr. Frank Straub, making the case for retaining the 12-24 Work Schedules last night at the Common Council Work Session, called by Councilman Dennis Power, at left.

 

Councilpersons Benjamin Boykin, Milagros Lecouna, Rita Malmud, Tom Roach, Dennis Power then told the Mayor the schedule needed to be continued in experimental mode for at least another year much to the vocal disgust of over 100 police and fire fighter personnel filling the Common Council chamber last night.

 

Over 100 firefighters and police, predominantly firefighters, filled Council Chamber and rotunda hall.

 

Mayor will not direct Straub to terminate the new work shifts.

 

Mayor Joseph Delfino after hearing Councilpersons Benjamin Boykin, Rita Malmud, Tom Roach, Dennis Power and Milagros Lecouna ask for an extension of “continued” experimental status 12 and 24 hours schedules, said firmly he, the Mayor “would not direct”Commissioner Straub to return the department to the previous 8-hour schedules beginning January 1, which caused the throng of  police and firefighters to burst into thunderous applause and cheers.

 

“We all entered this (agreement) in good faith. Good faith is to accept this for what it is if everybody’s happy. Isn’t it a shame that everybody’s happy,” the Mayor said.

 

The Mayor then left his chair and strode out from behind the balustrade separating the Council “horseshoe” from the audience and left the chamber to the accolade. The council appeared stunned.

 

Asked if the council would pass a resolution putting their wishes in writing,as he made his way out from behind the ballustrade,  Councilman Benjamin Boykin told WPCNR “that needs to be addressed,” without committing on what any further council action they might take to terminate the experimental work schedule.

 

 

Commissioner Frank Straub outlining his responsibility on terminating the work shift experiment.

 

 

Friday Deadline.

 

The City needs to inform the unions 60 days  (November 3)  before the “experimental” expires January 2 whether it will terminate the rules and return to the old schedule, otherwise  Straub told the Council the new work rules automatically become part of the labor agreement. Straub said this had been confirmed by city labor negotiator, Richard Zuckerman and Corporation Counsel Edward Dunphy. Straub said he did not have authority to negotiate with the union for an agreement extending the experimental status.

 

Dunphy: No Comment.

 

City Corporation Counsel Edward Dunphy, was asked by WPCNR if the Council could legally bypass the Mayor and pass a resolution terminating the new work rules, said “No comment,” refusing to clarify the charter protocols.

 

Binding Arbitration Hearings Complete: Agreement after the 6th

 

WPCNR also learned from the head of the Police Benevolent Association, Jim Carrier, that binding arbitration hearings underway for approximately five weeks have been completed, and final briefs go to the arbitrator November 6, with a decision on the amount of wage settlement under dispute expected some time after that date. Carrier told WPCNR before the meeting he did not expect the work rules dispute to affect the procedures.

 

Union: Council Meddling.

 

In a news release distributed to the media, the White Plains Firefighters Association characterized the Council action tonight as “improper meddling in areas of collective bargaining where the Council has no jurisdiction or legal authority. It is an attempt by the Council to browbeat the Commissioner into extending the experimental basis of our work chart without justification in order to gain leverage for the new Mayor in subsequent negotiations with the PFFA.”

 

Council’s Next Move Uncertain.

 

Benjamin Boykin and Dennis Power told WPCNR in the parking lot behind city hall after the session was over, it was their opinion that the consensus “super majority” expressed in the work session in public had authority to compel Dr. Straub to terminate the agreement. Boykin, Malmud, Roach and Lecouna expressed the position during the public session that the first nine months of results from the new Work Schedules were very positive, but needed to be observed for a longer period of time for locking in the work schedule. They did not say how long the “experimental” period should last.

 

Boykin told WPCNR in the parking lot that the experience of the city of Los Angeles which put 12 and 24 hour shifts into effect in 2005 has had a negative experience with the shifts over time, which was why the council felt it needed to be continued on an experimental basis.

 

Statistics Demonstrate System Savings.

 

Straub shared statistics on the new  12 & 24 Hour Schedules that showed in his opinion the new schedules over the first 9 months, were “operationally and fiscally responsible,” saying on the Police side, serious crimes were down 7.4%, Traffic summons issued were up 4.4%, Auto Accidents down 9.6%, Traffic Fines up 20.3%, Responses up 12.8%, EMS responses up 20.8%. On the fire side, Fire Inspections were up 18.3%, response time remained at 4-1/2 minutes for both divisions of Police and Fire.

 

Straub provided statistical reports to the Common Council, noting to the gathering that the Department had its Firefighter Budget for Overtime cut 29% ($99,900) for 2009 down to $257,000 from 2008’s $357,000. Police Overtime Budget cut $306,600 to $452,000 a total budget cut of 40%—down $333,613 from the 2008 police overtime budget of $759,000

 

Despite having the budget for police and fire overtime cut $405,000, Straub said the new work schedules have reduced overtime costs well within the budget.

 

Overtime down 54% in Fire, 43% in Police Divisions.

 

He said that so far in the first three quarters of  2009,  the fire division has spent  $160,468 in overtime compared to $296,181 in OT in 2008, a saving of 54%.

 

In the Police Division, Straub said, the overtime savings were even greater. From January through September 30, $340,210 has been spent compared to $602,802 in 2008, a $252,072 saving, WPCNR notes of 43%

 

Straub reported that the new  24 hour firefighter shifts had reduced sick days 61%, with firefighters totaling 2,187 less sick days, reducing sick days in 2009  from5,618 to 3,431.

 

On the Police Side, the 12-hour patrol shift, Straub reported  the police have spent $252,072 less in overtime reducing overtime hours 20% from 3,921 hours to 3,410(411 hours).

 

Roach Impressed but Wants Wait and See

 

Asked by Councilman Tom Roach what he attributed the savings in firemen sick time to, Straub said, “The 24 hour Schedule.” (This response brought loud cheers and applause from the assembled professionals.)Asked again by Roach to explain why sick leave was down Straub said there was perhaps more time inbetween shifts for fatigue and stress and health to improve, but did not pinpoint any specific factor.

 

WPCNR asked Jim Carrier, Head of the Police Benevolent Association, afterwards why sick time wasn’t down more. He did not have an answer. Asked if his union would initiate a public relations education program within the two unions to cut down sick leave further, and promote the advantages  he said he was willing to look at it.

 

Straub said the schedule had met expectations and “I do not know why I am here.”

Hockley: It’s Bradley.

Councilman Glen Hockley in remarks, accused his five other Common Council colleagues of being “puppeteered by Mr. Bradley.” (Adam Bradley is Mr. Hockley’s opponent in the Mayoral election next week, if Mr. Hockley achieves relief from the State Court of Appeals.Mr. Hockley filed a brief in Albany Tuesday with the Court of Appeals asking them to review the Second Department Appellate Court decision to remove Mr. Hockley from the Mayoral ballot.)

Hockley in closing remarks accused the Council of deliberately delaying the process. Paul Schwarz, a Democratic city committee leader observing the hour and a half meeting  was appalled at Hockley’s statements, saying, “he is poisoning the waters (with the unions) for the new Mayor.”

Straub Thanks Council

Commissioner Straub in opening his remarks told the council how it had been an honor to serve the city and the Council the last seven years and complimented his fire and police departments as being the finest in the state and the country, noting the department is consulted frequently and asked to attend international police conferences to discuss their operations as models for other departments. Straub noted he recently consulted with the San Jose Police Department for example, and was friends with William Bradley the head of the Los Angeles Police Department.

 

The Council Calls the Meeting.

 

The meeting was called by Councilman Dennis Power by a letter Power sent to the Mayor last Thursday, because Power said the council noted that according to the agreement the Council approved last January, the Commissioner of Public Safety had to notify the union prior to 60 days before the expiration of the experimental work shift trial (November 2) if he was going to terminate the work shift arrangement.

 

 

Power (right) said the Council had had no reports on the effects of the program as of last week, and said in starting the proceedings the council was grateful to receive the statistics the Commissioner had just handed out. Power, in his remarks, as did Roach Malmud, Boykin and Lecouna(left, above) said the 9-month performance was a good, positive start, but the city needed more time to evaluate its performance. All five opposing automatic extension of the shifts, emphasized they wanted to continue its status as “experimental,” to have more months of performance to evaluate it.

 

Commissioner Straub was asked by WPCNR if the department would have difficulty installing the former 8 hour schedules by January if they had to do so. He said it would be difficult, but the Department would do it if they had to. “It’s our job,” he said.

 

Asked if he had been told he would not be rehired as Commissioner in a possible new Adam Bradley administration, Straub said “No comment.”

 

Asked if was seeking another position possibly with the City of Los Angeles Police Department or San Jose or elsewhere, Straub said, “No comment.”

 

Official Copies  of the statistics were not provided on the scene to WPCNR on the scene. by the Commissioner as of yet, but Deputy Commissioner of Public Safety, Daniel Jackson said he would be forwarding them to WPCNR. If there are any errors in the verbal transcriptions, WPCNR will correct them.

 

Firefighters ascending the rotunda staircase prior to meeting start.