City GOP Chair Rebuts Fairness Practices Finding. Says WCFCPC Violates 7Day Rule

WPCNR CAMPAIGN 2006. From The White Plains Republican Committee. November 6, 2006: The Chair of the City Republican Committee defended his “Hopelessly Conflicted” political mailing assailing Cass Cibelli’s opponent Dennis Power as “Hopelessly Conflicted,” which the Westchester County Fair Campaign Practices Committee has found in a news release to contain as “Unfair Election Practice.” Brian Maloney charges the Westchester County Fair Campaign Practices Committee waived its own rule not to release findings within 7 days of an election, and in a release to the news media, defends the challenged advertising copy as true. Mr. Maloney’s release to the media:


 


 As you will note, on the approved pieces, the sender was clearly identified.  However, I will concede (because I myself saw one) that the head on mailer 2, while clearly identifying my correct address, did not have my name or the committee’s.  What is laughable about the paranoia of the Power’s camp and their complaint (the complaint being that it was some kind of mystery where the mailer came from) is the fact that to date, I have been extremely outspoken on Dennis’s conflicts, and in fact welcome identification with the issue. 

 The reality is that for reasons that I believe were purely software related (and unknown to me until literally today), the top line dropped off the mailer.  As you will note, the version of adobe that I used for the mailers was version 5.  Adobe is already up to version 8; I strongly believe that the differing versions (version 5 is based on windows 95 and is no longer supported by Adobe or Microsoft) caused the line to be inadvertently dropped.    


 And again, I welcome identification with the pieces; so as far as I am concerned, Power’s “complaint” is much ado about nothing, and in fact, I’ll be happy to send out an identical piece with my name in BIG letters to as many folks out there in White Plains who did not realize I sent it, if that will make Dennis feel better.  No problem.


 Second, what immediately follows are the rules of the self appointed “campaign practices committee.”  As you will note, on one hand, they allege that complaints are not heard within 7 days of an election.  I would suggest that it is curious how they decided to forgo their own rules to hear Dennis’s meritless complaints. 


 On the topic of the piece which I assume has rendered Dennis so flustered that he is unable to articulate what is wrong with it, piece two, I have the following comments:



The OSC is actively investigating Dennis: for him to state or suggest otherwise is a pure and complete fabrication. 


The Comptroller’s Office is also investigating him and his voting on matters in which he has a conflict.  Attached is the complaint, with, as we discussed, recent opinions in which the Comptroller has clearly directed local officials not to vote on matters before a local governmental board wherein there was a conflict; cases which are analogous to this matter.  The Comptroller’s investigations  web site is: http://www.osc.state.ny.us/investigations/index.htm


 As late as last Friday, the comptroller confirmed their investigation.  The number there is: (518) 474-4331  the contact there is: Robert T. Brackman, Deputy Comptroller for Investigations.  I’ll waive all confidentiality.



And if Dennis attempts to say there is no investigation or suggests such to anyone, his duplicitous nature is clearly revealed.


Now to the subject matter of the mailer: 


 Dennis Power is being investigated by Federal Authorities for possible violation of campaign laws; True.


 Power’s nearly six figure salary is literally funded by powerful developers whose projects cannot get approved in White Plains unless the Common Council agrees; True (Power’s admitted as much in the Indelicato Memo (or was he lying there?)


 Power refuses to stop influencing Common Council Members and voting on projects which would fund his salary and, based upon such conduct, he is now subject to a State Ethics investigation; Again true.


 Power supports his County Bosses’ directives to house dangerous sex predators in downtown White Plains; True again: Tonight he voted to table the City resolution, and he has repeatedly supported the Spano Directive in numerous forums.



Dennis Power refuses to allow the City of White Plains to build a senior housing complex which would give preferences to White Plains Seniors; True again:  Dennis has and continues to back the county in its refusal to turn over property in White Plains for affordable housing for seniors and since the city cannot afford to purchase property in the core, unless the coachman is turned over (which the county has clearly stated will not happen and Dennis also supports) there may not be a true WP’s project built in the foreseeable future in the core;


 Power supports locating County homeless shelters in White Plains; Again, true (again, tonight’s vote and his past open and clear comments)


And


 Because Power’s job and salary is entirely beholden to County Bosses, White Plains Residents should be deeply concerned about Dennis Power: A MAN WHO IS HOPELESSLY CONFLICTED. 


 True again.  As I said, if the Mayor had a night job working for a developer who had a project in White Plains, and he attempted to vote on approval of his employer’s project, a screaming band lead by the usual suspects in the Common Council and the White Plains Democratic party would try to hang the man in front of City Hall; however, because it is one of their own, suddenly the Common Council can see no evil, hear no evil and have become suddenly dumb (in more than one sense of the word). 


The conduct of Mr. Power and his band of cohorts is adverse to everything good government is meant to stand for and the residents of White Plains are ill served by their clearly compromised representatives.  Whatever the outcome tomorrow, election day, I can promise that at least the Republican Party here in White Plains will never surrender its core belief in the simple proposition that good government demands representatives who shall never be seduced by their own self interests.  Public service is not meant for private enrichment, as Mr. Power seems to have never learned. 


Regards,


Brian G. Maloney


 


 


From the WCFCPC guideline:


4. The complaint must be filed with the Westchester County Fair Campaign Practices Committee by 1 p.m. Monday, according to instructions found on the Filing Procedures Form, in order to be considered for the following week’s agenda. As indicated on the Filing Procedures Form, the complaint, including all supporting documentation, must simultaneously be sent to the party complained against by e-mail or fax and also by certified mail with a return receipt or hand delivered with proof of delivery.


Complaints filed within seven days preceding Election Day must be hand delivered (personally or through any delivery agency) or faxed to both the Westchester County Fair Campaign Practices Committee and the party complained against, with verification of receipt. Complaints must be filed before 10 a.m. on the Monday before Election Day. Candidates may also file post-election complaints by 9:00 PM on the seventh day after the election. (See “Hearings” below.)


5. The Committee will notify both the complainant and the party complained against that it has received the complaint.


6. The Westchester County Fair Campaign Practices Committee will review every complaint to determine whether a hearing is warranted or any action should be taken. The Committee may choose not to have a hearing if it determines that a hearing is not necessary or appropriate.


7. The Committee will notify the candidate who filed the complaint and the person or group against whom the complaint was made as to whether a hearing will be scheduled. The Committee will also notify both principals if no action will be taken.


8. Press releases concerning the filing of a complaint may come only from the Committee. If notice of the filing of a complaint is made public by any other source, the Committee will consider the action an unfair campaign practice.


9. Questions regarding these procedures should be directed to the Coordinator, Joy Rosenzweig, (E-mail: [email protected], Phone: 914-666-2837, Fax: 666-2837, call first) or to the League office at 949-0507 (fax 997-9354) who will refer questions to the appropriate Committee member.

Posted in Uncategorized

Unfair Practices Committee Finds Cibelli Mailer Unfair Campaign Practice.

WPCNR CAMPAIGN 2006. From Westchester Fair Campaign Practices Committee. November 7, 2006: The Westchester Fair Campaign Practices Committee (WCFCPC) met on November 6, 2006 to hear the complaints filed by Councilman Dennis Power against Mr. Cass Cibelli.  Both are candidates for White Plains Common Council.  Mr. Power attended and was represented by Adam Bradley. Mr. Cibelli chose not to attend or send a representative.









 


Complaint:  A campaign mailer critical of Councilman Dennis Power fails to identify by name the source of the mailing, only an address.

 

Finding:  UNFAIR CAMPAIGN PRACTICE

The WCFCPC Statement of Principles states; “The candidate will clearly identify by name the source of all advertisements and campaign literature published and distributed.”

 

Complaint:  Mr. Power complains that the flyer states he “… is being investigated by Federal Authorities for possible violation of campaign laws” and, further, is “…Also Subject to State Ethics Investigation for Improper Voting.” 

 

Finding:  UNFAIR CAMPAIGN PRACTICE

These statements are unfair because they distort the facts. Nothing was presented to show that Mr. Power is being investigated on either a Federal or State level.

 

Complaint:  According to the complaint, the flyer maintains that “Power supports his County Bosses’ directives to house dangerous sex predators in downtown White Plains.”  Mr. Power says there is no such county directive and that the individuals housed at 85 Court Street are not, “identified ‘dangerous sex predators.’”  He claims that, “The flyer is both inaccurate and strongly appeals to prejudices against the homeless.”

 

Finding:  UNFAIR CAMPAIGN PRACTICE

This statement in the campaign mailer also distorts the facts. The housing in downtown White Plains was created as a temporary shelter for homeless people who are locked in at night and released in the morning.

 

 


 

WESTCHESTER COUNTY

FAIR CAMPAIGN PRACTICES COMMITTEE

C/o LEAGUE OF WOMEN VOTERS OF WESTCHESTER


 

The Committee has no power to compel anyone to stop doing what it has found to be unfair. If the Committee acts on a complaint, it will release its findings to inform the public.  The Committee may choose not to consider a complaint; in that case, a hearing is not held and the parties to the complaint are so notified.

 

Statement of Principles of the WCFCPC, as stated in its Manual, is available at www.lwvwestchester.org (click on “about the committee” in the paragraph describing the FCPC).  The Westchester County Fair Campaign Practices Committee believes that candidates should conduct their campaigns in accordance with the following principles:

 

The Westchester County Fair Campaign Practices Committee believes that candidates should conduct their campaigns in accordance with the following principles: 

The candidate will conduct a campaign for public office openly and fairly.


The candidate will discuss the issues and participate in fair debate with respect to his/her views and qualifications.


The candidate will neither engage in nor be involved with unfair or misleading attacks upon the character of an opponent, nor will the candidate engage in invasions of personal privacy unrelated to fitness for office.


The candidate will not participate in or condone any appeal to prejudice.


The candidate will neither use nor be involved with the use of any campaign material or advertisement that misrepresents or distorts the facts.


The candidate will clearly identify by name the source of all advertisements and campaign literature published and distributed.


The candidate will not abuse the Westchester County Fair Campaign Practices Committee process in order to obtain political advantage.


 

The candidate will publicly repudiate materials or actions from any individual or group which would violate this Statement of Principles.

 


 

######



If a candidate or campaign wishes to quote from this Finding, the Committee requires that the

 Finding be quoted in its entirety.  The Committee regards selective quotation of its Findings as a

 violation of fair campaign process.

Committee Members:  Stephanie Sarnoff (Chair), Milton Hoffman (Vice Chair), Susan Pace Guma,

Ruth Hinerfeld, Burton M. Leiser, Robert Peterson, Ernest Prince, Joy Rosenzweig (Coordinator), 

 Susan Schwarz, Evelyn Stock.  Ex officio:  Representatives of Republican Party, Democratic Party,

 Independence Party, Conservative Party, Working Families Party. 

 

Posted in Uncategorized

Council Runs Table: MOI Decision delayed to Dec. Balks at Closing 85 Court St

WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. November 7, 2006 UPDATED 12:36 A.M. E.D.T.: The Memorandum of Understanding between the City of White Plains and New York Presbyterian Hospital was tabled last night by the Common Council, pending further discussion, according to Councilperson Benjamin Boykin. It will be taken up again December 3, with more discussion of the terms of the MOU  to take place in the November work session of the Common Council.


In a rebuff to Mayor Joseph Delfino, Common Councilmen Glen Hockley and Arnold Bernstein, Councilpersons Rita Malmud, Thomas Roach, Benjamin Boykin and Dennis Power voted to table Councilman Hockley’s resolution which called for Westchester County to relocate the 85 Court Street Drop In Homeless Shelter the county opened last January. Councilmen Boykin and Roach told WPCNR the resolution had not been discussed with them in work session, and it was a very sensitive issue that required talks with the county. The resolution was tabled, 4-3.


White Plains Police: 616 Incidents Involving Homeless Persons in City in 10 Months.


Apparently, Mr. Hockley had not broached the topic of the resolution with his other four Democratic Councilpersons before placing it on the agenda. Mr. Roach and Mr. Boykin also said they had not seen the listing of over 616 White Plains Police-reported incidents involving “homeless persons” documented in White Plains at all hours of the day from January 1 through October 31 of this year.


 



The Mayor presented the compiled list of incidents at a news conference introducing the resolution he hoped the council would approve, in a Monday afternoon news conference. Mr. Roach and Mr. Boykin said they had not been invited.  Glen Hockley(right) shared with WPCNR a listing of persons from 85 Court identified as level 3 Sex Offenders after the county had pledged to the city they would not house sex offenders there, and shared the White Plains Police compiled listing of 616 Incidents involving homeless persons in the downtown. Rick Ammirato, Executive Director of the BID, left, responded to a WPCNR  question, saying there has been an increase in homeless incidents during the day in the White Plains downtown, particularly “panhandling.” The Mayor cited the evidence of the incidents as a reason why the county should relocate the 85 Court Street Shelter, because it adds to the White Plains homeless population. The said White Plains houses 14% of the homeless in the County, by far the largest proportion.  Photo, WPCNR News


Councilman Boykin said the resolution was “pure politics” introduced to embarrass Councilman Dennis Power. (Power is in a Special Election Tuesday against the Mayor-supported candidate Cass Cibelli. ) Cibelli’s reaction to the “tabling” of the resolution said the Council had gone on record supporting keeping the 85 Court Street Shelter open, saying it was “a disgrace.”

Posted in Uncategorized

Update on the Kempner Property Subdivision.

WPCNR SOUTH END TIMES. November 6, 2006: The Commissioner of Planning for the City of White Plains, Susan Habel, updated WPCNR on the Kempner subdivision Monday evening, as proposed by the German School, and as was reported to us by Don Hughes who attended last week’s Zoning Board of Appeals meeting where William Null, the German School attorney made some statements about the subdivision.


Ms. Habel pointed out that the subdivision was original brought up in March 2003, not in 2006, which WPCNR had understood because of the remarks  the attorney for the German School was reported as having delivered at the Zoning Board of Appeals meeting. Ms. Habel explains the current situation:


 


“1. There is NO VARIANCE REQUESTED!!!!!! The German School has requested an amendment to its special permit to increase the number of students permitted to 500. A SPECIAL PERMIT IS NOT A VARIANCE.



2. The Board of Appeals is the special permit approving agency for private school special permits.



3.Well over three years ago the German School bought the property at 800 North Street, the former Kempner Property and proposed that the German School be expanded onto this property.



4. In 2003, the Planning Department pointed out to the German School and its legal counsel that expanding the German School use onto the Kempner Property was inconsistent with the Comprehensive Plan which specifically stated that institutional uses, other than houses of worship, should not be expanded in residential neighborhoods.



5. In 2003, the Planning Department advised the German School that the Kempner property could be subdivided into residential lots, as were the adjacent lots on the two adjacent cul-de-sacs. Residential subdivision of the property was “as of right” and the property was not an environmentally sensitive site.



6. In March 2003, NOT 2006, the German School applied for a standard subdivision of the Kempner property. This subdivision has been fully reviewed by the Planning Board, but the Planning Board can not take any action as the Lead Agency for the subdivision application and any action with respect to the Kempner property is the Board of Appeals.



7. The ZBA declared itself lead agency for the review of an increase in the number of students at the German School and the subdivision was one of the alternatives examined in the DEIS.


8. The German School has presented the subdivision as one of the alternatives in the DEIS review.



9. The City has requested an updated traffic study for the subdivision and German School project.



  The matter of the German School is pending before the Board of Appeals. The application for a subdivision is over 3 years old. Mr. Null’s comments nothwithstanding, there have been no discussions or meetings between the City and the German School regarding the Kempner Property or the German School. The environmental review of the project is underway and the CIty has no intention of recommending an action until the full environmental review process has been completed.



  Your article’s statement that Mr. Null said that “additional time was needed to work with the city staff to develop the new proposal ” and that  “He also indicated that they hope to have something to present in February” is unknown to the Planning Department as we have had no communication with the German School regarding their application for several years. “


WPCNR thanks Ms. Habel for clarifying the present situation regarding this issue.

Posted in Uncategorized