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WPCNR CAMPAIGN 2006. October 13, 2006: The White Plains Republican Committee announced Thursday evening in a news release that the U.S. Office of Special Council, at their behest has “agreed to open an investigation to determine whether or not Mr. Power, the Chief Assistant to the County Executive, was violating federal law by running in a partisan election,” specifically violating the Hatch Act. 

Dennis Power, Candidate for Common Council and Assistant to the County Executive. Photo 2005, WPCNR News Archive.

The investigation was initiated by Brian Maloney, the Chairman of the White Plains Republican Party August 18 and 19, when Maloney asked the OSC, an independent federal investigative and prosecutorial agency to examine Mr. Power’s duties with the county and his political appointment to the Common Council. On September 21-22, the news release reports  the Federal Agency “agreed” to investigate.

According to the news release received 6:15 P.M. Thursday evening, The Office of Special Counsel “will attempt to complete its inquiry as soon as possible.”  (Mr. Power, a Democrat, is running against Cass V. Cibelli, the Republican Candidate in a Special Election November 7 to determine who will fill the remaining full year remaining in deceased Councilman Robert Greer’s term.) Alexis Greer, the deceased Councilman’s daughter had expressed interest in the seat, but was told, the news release alleges that Democratic supporters of Mr. Power had “made it clear that her nomination would not go forward.”

The Republican Party is also, the release reports, preparing a separate lawsuit with State authorities, the statement says, to “compel Mr. Power to either resign from his County employment,” which Maloney judges to present “conflicts with his duties and responsibilities as a Common Council Member.” The release notes that “if the Office of Special Counsel and the Merit Systems Protection Board determine that Mr. Power violated the Hatch Act, they may direct that the violation warrants dismissal of Mr. Power from employment; thereafter the employing agency (Westchester County) must either remove Mr. Power or forfeit a portion of the federal assistance equal to two years salary of the employee.”

The news release says the OSC investigation revolves around Federal Law 5 U.S.C. & 1502(a):

a State or local officer or employee may not: (1) use his official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for office; (2) directly or indirectly coerce, attempt to coerce, command, or advise a State or local officer or employee to pay, lend, or contribute anything of value to a party, committee, organization, agency, or person for political purposes; or (3) be a candidate for elective office.

WPCNR notes for the record that after unsuccessfully running for Mayor of White Plains in 2005, (when no other candidate would step forward), Mr. Power was offered his present position of Chief Assistant to the County Executive at a salary of $76,000 a year in early 2006. Upon the death of Mr. Greer in June, Mr. Greer was appointed to Mr. Greer’s vacant seat, when he was already on the Westchester County payroll.

Mr. Maloney is quoted in the news release as saying “(d)espite Mr. Power’s self-serving statements to the contrary, it is impossible to credibly assert that his nearly six figure IDA financed salary is not and never will be a factor in his deliberations as a Member of the Common Council.”

WPCNR notes that Mr. Power, as a member of the White Plains Common Council avocated strongly for the Westchester County senior housing project at the Board of Elections parking lot a month ago before the County Board of Legislators, supporting a county project.

Mr. Power had received a legal opinion from Charlotte Indelicato,  the County Attorney, on the propriety of his serving as a Common Council member and as an Assistant to the County Executive. Ms. Indelicato advised Mr. Power she saw no conflict as long as he recused himself in matters involving the county regarding the city, to wit “Situations may arise before you as a member to the Common Council where you may wish to recuse yourself in order to avoid even the appearance of impropriety.”

Ms. Indelicato had written Power that in her opinion he was not in violation of the Hatch Act when running  for the Common Council, to wit:

NO. Since no federal monies are spent to finance in whole or in part, your position as an Assistant to the County Executive or any of the activities you perform in your employment with the County, the Federal Hatch Act does not impose any restrictions on your political activities or your political activities as a candidate for public office…Furthermore, there is no conflict of interest or incompatibility of offices for you to be.”

Ironically, Ms. Indelicato may have to defend that opinon.

The Office of Special Counsel was not available for comment late Thursday evening.

WPCNR COUNTY CLARION-LEDGER. From the Environmental Protection Agency (Edited) October 12, 2006:  Leading the way to cleaner air and healthier communities, the Environmental Protection Agency (EPA) has brought the counties of Nassau, Putnam, Rockland, Suffolk and Westchester together with New York City, the New York State Department of Transportation and the Federal Highway Administration to sign an unprecedented agreement detailing the specific projects and innovations they will employ to reduce harmful diesel pollution.   

Demonstrating its leadership in environmental stewardship, Westchester County has specified its commitments to fighting diesel emissions.  The five New York counties’ efforts will reduce diesel emissions, which have been identified by EPA as a contributing factor in respiratory problems, asthma and other ailments.  New York City has already employed many of its own measures and has offered to assist the counties in any way that it can.  In addition to national regulations aimed at drastically cutting pollution from diesel engines, EPA provides monetary and technical assistance to help local and state entities implement programs designed to slash diesel pollution.

EPA Regional Administrator Alan J. Steinberg, the County Executives of five metropolitan area Counties, New York City and top environmental government leaders entered into the milestone agreement unveiled today in New York City.  The innovative and comprehensive agreement presents decisive actions such as retrofitting, retiring and replacing polluting engines, creating cleaner fleets of municipal vehicles, adopting cleaner fuels, designing and enforcing measures to reduce engine idling, and investing in pollution reduction technologies.

“If all politics are local, so are many sources of air pollution,” said EPA Regional Administrator Alan J. Steinberg.  “By signing this Statement of Intent and committing to a plan of action, these counties along with New York State and New York City are taking the initiative in combating diesel pollution.  President Bush and the EPA are committed to making that black puff of diesel smoke from diesel engines something you only read about in history books.”

“We in Westchester have been committed to doing our part to reduce the pollutants from diesel engines and we are proud to be part of this regional effort,” said County Executive Andrew J. Spano.  “We are presently testing four hybrid buses that produce fewer emissions, and based on the results we will determine whether to procure hybrid vehicles for our future Bee-Line bus purchases.   In addition, we will continue to use ultra-low sulfur diesel fuel on these buses and all county vehicles, and we will continue to help our local municipalities and school districts to obtain this ultra-low sulfur fuel for their operations.”

Westchester County’s initiatives include:

• The County will implement the provisions of Act No. 19-2006 effective September 1, 2006. This act requires the use of ultra-low sulfur fuel and best available retrofit technology for all diesel-powered on-road and off-road vehicles owned, leased, and/or operated on behalf of the County.  


• The County will continue the diesel engine retrofit program to include an additional 78 buses, bringing the total to 162 buses by the end of 2007.


• The County will undertake an evaluation of the four demonstration hybrid buses recently introduced into service. Based on performance, the County will consider procuring hybrid vehicles for its 2008 bus procurement.


• The Westchester County Airport, through its ISO 14001 Certified Airport Environmental Management System, will undertake a base-line emissions audit during 2006.

The New York State Department of Transportation and the Federal Highway Administration have also stepped up their efforts in environmental protection, and have committed to helping the counties find ways to fund the ambitious measures they are pursuing.

Commissioner Emily Lloyd of the New York City Department of Environmental Protection said, “The Bloomberg administration is very pleased to be able to cooperate with surrounding counties and our federal and state partners to help reduce emissions from diesel equipment.  Under Mayor Michael Bloomberg, the City has dramatically enhanced its diesel emission controls by implementing six local laws that decrease emissions from construction equipment, sightseeing buses, school buses, sanitation trucks and the City’s own fleet of on-road diesel vehicles.  We share these goals with the surrounding counties and pledge to work hard for cleaner air for everyone.”

“Governor Pataki and the New York State Department of Transportation have long supported programs to protect air quality throughout New York State.  This new collaboration will build upon the Department’s strong environmental record by improving the air we breath in the New York City metropolitan area,” State Department of Transportation Commissioner Thomas J. Madison Jr. said.  “This initiative encourages our partners to embrace clean fuel practices and technologies, and will enable NYSDOT and the transportation sector to help significantly reduce diesel emissions.”

“We strongly support the eligibility of diesel retrofits and other cost-effective emission reduction activities under the congestion mitigation and air quality improvement program (CMAQ) program,” said Federal Highway Administration Division Administrator Robert Arnold

The New York Metropolitan Air Quality Initiative is a stellar example of the work being done as part of a broader Northeast Diesel Collaborative- an EPA lead partnership of private, non-profit and government groups working together to reduce diesel pollution throughout the Northeast using a variety of strategies, including: public education; linking and expanding the scope of existing programs; creating new partnerships, programs, regulations, and agreements to reduce emissions; and demonstrating new technologies. 

For the complete text of the agreement and for more information about how to reduce diesel emissions, please visit: http://www.epa.gov/region02/air/nymaqi.pdf and http://www.northeastdiesel.org