Get Up Close and Personal With WP Police on National Night Out

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WPCNR POLICE GAZETTE. By Assistant Police Chief, Anne FitzSimmons. August 1,2010:


On August 3, 2010 between 6 PM and 9 PM, the White Plains Department of Public Safety will for the first time be participating in the National
Night Out. 

National Night Out is designed to: (1) Heighten crime and drug prevention awareness; (2) Generate support for, and participation in, local anti-crime efforts; (3) Strengthen neighborhood spirit and police-community partnerships; and (4) Send a message to criminals letting them know neighborhoods are organized and fighting back.
   
From 6 to 9 PM. on August 3rd, residents in neighborhoods throughout White Plains and across the nation are asked to lock their doors, turn on outside lights and spend the evening outside with neighbors and join forces at White Plains Department of Public Safety Building located at
77 South Lexington Ave. 
     
This is a night for America to stand together to promote awareness, safety and neighborhood unity.  National Night Out showcases the vital importance of police-community partnerships and citizen involvement in our fight to build a safer city. Neighborhoods nationwide are invited to
join in Giving Crime & Drugs a Going Away Party.

Along with the traditional outside lights and front porch vigils, The City of White Plains will celebrate *National Night Out* with an open house of the White Plains Public Safety Department along with a safety fair that will include a live band, and tables manned by various Community Service organizations.  There will be free give aways, along with visits from elected officials representing our local government.

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Common Council set to award Death Benefit to Detective Perry’s Widow

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. July 31, 2010:


In the  backup material backgrounding Monday evening’s Common Council meeting, WPCNR has learned that the council will award a death benefit of $86,717 to the widow of White Plains Police Detective Michael Perry who died June 12, 2010 in the line of duty, apprehending a shop-lifting suspect.



White Plains Police Detective Michael Perry


The death benefit represents an amount equal to the salary paid to Detective Perry during the year immediately preceding his death, and $1,000 each for his two children.

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Dems Don’t Invite GOPs to Child Care Hearing, GOPtors Call it a Dem Rally

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WPCNR COUNTY CLARION-LEDGER. From James Maisano, County Legislator. (EDITED) July 29, 2010:


 


GOP legislators today discovered that an event arranged for the evening of Thursday July 29, 2010 was being billed as a Public Hearing, and was being sponsored by ‘The Westchester County Board of Legislators’ and held at the County Center. The event has been advertised through an e-mail campaign and official press releases sent on Friday July 23rd from the Board of Legislators’ Communication Department.


 


Republican legislators were never informed of this event. They were never even copied on the email announcement. Republicans claim a  Board of Legislators Public Hearing must be part of an official agenda, and voted on by the entire board and this “rally” clearly was not. 


 Republican Board of Legislators leader James Maisano contends that on Monday July 26th the event “appeared” on the BOL schedule as being sponsored by the Community Services Committee of the Board, raising  the initial concern of the GOP legislators.


 


“As the only GOP member of the Community Services Committee I was never informed of the event and have serious concerns about it taking place under the auspices of the Board, “ stated Legislator John Testa (R-Peekskill) during his committee meeting on Tuesday July 27th. “It is an obvious political rally and has no governmental purpose. It raises serious questions about the abuse of taxpayer funded resources to not only create the advertising but to secure the County Center,” Testa added.


 


“As elected officials we must be very careful with the public’s money. The Board has been through this before where taxpayer funded resources were used inappropriately. “A lesson should have been learned through the Gary Kriss fiasco,”says Gordon A. Burrows (R-Yonkers).


 


“To date we have not received any official notification of this event,” says Sheila Marcotte (R-Tuckahoe) “This was strictly a one-sided operation, with no notice to any Republican on the Board. We found out about it second hand and county taxpayers are stuck with the tab, over $1500, to rent the County Center, plus the cost of any County police at $110 per officer per hour.” 


 


The invitation carries the theme of an invitation to a ‘public hearing’ to save childcare in Westchester County and stop what it says are ‘Illegal Cuts to Child Care.’


 


” This was a blatant use of board staff and funds for a political purpose and shows a callous disregard for not only the taxpayer but the principles of transparency and accountability. If this was a true public hearing we all would have been properly notified and it would be held in the Board Chamber,” stated Minority Leader Jim Maisano (R-New Rochelle).


 

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Educ Dept. Raises Gr. 3- 8 Pass Levels on 2010-11 Assessment Tests Coming Up

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WPCNR SCHOOL DAYS. From the New York State Department of Education. (Edited) July 29, 2010 UPDATED WITH COMMENTS FROM WHITE PLAINS SUPERINTENDENT OF SCHOOLS DR. CHRISTOPHER CLOUET:


Regents Chancellor Merryl H. Tisch and Education Commissioner David Steiner  released results from the state’s 2010 Grade 3-8 assessments in Math and English Wednesdays. Cut scores (passing scores) for these tests and the 2010-2011 school year assessments to be administered this year have been raised to new Proficiency standards redefined to align them with college-ready performance.


As a result of raising the bar for what it means to be proficient, analysis of the 2009-2010 test results showed many fewer students met or exceeded the new Mathematics and English Proficiency standards in 2010 than in previous years. Across Grades 3-8 statewide, the majority of students, 53% in English and 61% in Math, met or exceeded the new Proficiency standards this year.  By contrast, in 2009, 77% of students met or exceeded standards in English and 86% of students did so in Math.


The new Proficiency standards students in White Plains and across the state have to meet this year will be higher, according to White Plains Superintendent of Schools Dr. Christopher Clouet.


Clouet said White Plains scores have improved steadily the last two years because the district curriculum approach has addressed the achievement gap and has “raised all boats.”


“We will have our work cut out for us with the raising of the passing levels,” he told WPCNR this afternoon. Asked the percentage of White Plains students who wouould have passed the Grade 3 through 8 assessments this year if the new passing levels were in effect, Clouet said the district is in the process of figuring that out because the new passing levels vary per grade level. He promised a more detailed analysis and statement would be forthcoming. Clouet said there would be a report showing the effects of the new standards within the next two months.


According to the Department of Education news release, cut scores “are based on a review of research that analyzed how the grade 3-8 state tests relate to the National Assessment of Educational Progress (NAEP) exam; how the state’s eighth grade Math and English tests relate to the Regents exams; how performance on the Regents exams relates to SAT scores; and how performance on the Regents exams relates to first-year performance in college. 


 



“We are doing a great disservice when we say that a child is proficient when that child is not. Nowhere is this more true than among our students who are most in need. There, the failure to drill down and develop accurate assessments creates a burden that falls disproportionately on English Language Learners, students with disabilities, African-American and Hispanic young people and students in economically disadvantaged districts – who turn out to be much further behind than anyone recognized,” said Chancellor Merryl H. Tisch. “The Regents and I believe these results can be a powerful tool for change. They clearly identify where we need to do more and provide real accountability to bring about the focused attention needed to implement the necessary reforms to help all of our children catch up and succeed.”


“New, higher cut scores have resulted in fewer students scoring at a ‘Proficient level’,” said Commissioner Steiner.”While that is sobering news, it should cause all of us – the State Education Department, schools, administrators, teachers, and parents – to work ever more effectively together to ensure that all children in New York State get the knowledge and skills they need.”


John King, Senior Deputy Commissioner for P-12 Education said,”These newly defined cut scores do not mean that students who were previously scoring at the Proficient standard and are now labeled Basic have learned less. Rather, the lower numbers of students meeting the Proficient standard reflects that we are setting the bar higher and we expect students, teachers, and parents to reach even higher to achieve these new targets.”


The new Proficiency standards were developed based on research from the state Testing Advisory Group (TAG) and CTB/McGraw-Hill, the state’s testing contractor, to provide a clear indication to parents and schools as to whether a student was on-track for college success. The 8th grade Level 3 cut score is set at a level that offers students a 75% chance that they will score at a college-ready level (75 in English and 80 in Math) on their Regents exams in high school. The Grade 3-7 Proficiency scores are set so that a student making a year’s worth of developmental growth for Math and ELA will be on track in 8th grade to achieve a Proficiency level indicating readiness for high school work that will lead to success in college.


Results for English:


The average scale scores on the English Language Arts test this year were about the same as last year in all grades.


While 53% of Grade 3-8 students across the state met or exceeded the new ELA Proficiency standard, 14% of English Language Learners met or exceeded the new ELA Proficiency standard.  Fifteen percent of Students with Disabilities met or exceeded the new ELA Proficiency standard.


The ELA results for racial/ethnic groups across Grades 3-8 reflect the stubborn persistence of the tragic racial achievement gap. Low-need communities continued to outperform large cities and rural areas in ELA. A smaller proportion of students met or exceeded the new ELA Proficiency standard in the Big Five cities than in the rest of the state.   In New York City, 42.4% of students met or exceeded the English Proficiency standard, while in the Big 4 cities the figure was 29.1%.


Fewer than 40% of the students from economically disadvantaged districts met or exceeded the new ELA Proficiency standard.


In charter schools, 43% of students met or exceeded the new ELA Proficiency standard.


Results for Math:


The average scale scores on the Mathematics test this year were about the same as last year in all grades.  Rapid student gains from previous years leveled off.  Although there may be several possible explanations, we note that 25% to 30% more performance indicators were tested in 2010 than in 2009.


While 61% of all students met or exceeded the new Proficiency standard, 31% of English Language Learners met or exceeded the new Mathematics Proficiency standard.  For Students with Disabilities 25% met or exceeded the new Mathematics Proficiency standard.


The Mathematics results for racial/ethnic groups across Grades 3-8 reflect the stubborn persistence of the tragic racial achievement gap. Low-need communities continued to outperform large cities and rural areas in Mathematics.  A smaller proportion of students met or exceeded the Mathematics Proficiency standard in the Big Five cities than in the rest of the state.  In New York City, 54% of students met or exceeded the Mathematics Proficiency standard, while in the Big 4 cities the figure was 31.1%.


Fewer than half the students from economically disadvantaged districts met or exceeded the new Mathematics Proficiency standard.


In charter schools, 60% of students met or exceeded the new Mathematics Proficiency standard.


Background:


In order to align our Grade 3-8 assessments with a new college-readiness goal, the 2010 Math and ELA Proficiency Standard scores (Level 3) have changed from 650 where they have been set in the past to these scores:































Grade Math ELA
8 673 658
7 670 664
6 674 662
5 674 666
4 676 668
3 684 662

The Level 2 score, renamed the Basic Standard, has been set at a level that gives  students a 75% chance of earning a Regents score of 65, sufficient to earn a Regents diploma.  The 2010 Math and ELA Basic Standard scores have changed from where they have been set in the past to these scores:































Grade Math ELA
8 639 627
7 639 642
6 640 644
5 640 647
4 636 637
3 661 643

The Performance levels for students have been renamed to reflect more precisely for parents, teacher and schools whether a student is below, meeting, or exceeding the Proficiency standard. The new labels are:


















Performance Level Label
Level 1 Below Standard
Level 2 Meets Basic Standard
Level 3 Meets Proficiency Standard
Level 4 Exceeds Proficiency Standard

The Board of Regents has approved greater flexibility to districts in meeting Academic Intervention Services (AIS) requirements, essentially holding districts financially harmless in 2010-11. Specifically, for the 2010-11 school year only, AIS regulations have been adjusted so that cut scores by which students are mandated to receive AIS – based on 2010 assessments – will be identical to the 2009 cut scores that required students to receive AIS.


During this transition year, Commissioner Steiner will ask the U.S. Department of Education (USED) to allow schools and districts that would have made Adequate Yearly Progress (AYP) had the cut scores not changed, to get credit for making AYP in 2009-10.  If approved by USED as we expect, this will significantly reduce instances where schools and districts that would have made AYP will fail to do so based on the new cut scores. 


Ensuring that student achievement information provides meaningful information about student progress is just one element of the Regents’ broader reform agenda.  The State Education Department is working to enable educators and parents to make the most of that information – for example, by developing statewide curriculum models aligned with college and career-readiness standards, and by implementing a teacher and principal evaluation system that will provide differentiated professional development.


School by school data and district by district data for all public schools in the state along with detailed breakouts of subgroups’ performance are available on the State Education Department website, www.nysed.gov.


Additional technical information used in setting the cut scores is also posted at www.nysed.gov.


 


Webcast of News Conference and Grade 3-8 Data

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Rain Does Not Hinder Ability to I.D. Substances Possibly Cause of Bengal Fire

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WPCNR PUBLIC SAFETY SENTINEL. July 28, 2010:


 


Fire Chief Richard Lyman advised WPCNR Wednesday that “nothing has changed, we are still investigating (the Bengal Tiger site) in the initial phase of our investigation.”


 


Asked when possible findings would be announced, Lyman said “we are pretty far out still.”


 


Asked if the torrential rains which flooded the  razed site over the weekend had compromised the investigation team ability to identify substances possibly causing the blaze, Lyman said the rain would not obscure possible clues to what caused the block gutting fire three weeks ago today.


 


Asked if arson had been ruled out, Lyman said nothing had been ruled out as a cause at the present time.

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Castelli Announces Campaign to Retain 89th Assembly Seat

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WPCNR CAMPAIGN 2010. From The Robert Castelli Campaign. (Edited) July 28, 2010:


After almost four months in office, aster winning the race for the 89th Assembly District in a Special Election to replace Adam Bradley, who was elected Mayor of White Plains last November,  Robert Castelli today announced from his front porch that he will be seeking a full two-year term with the backing of the Republican and Conservative parties.


Robert Castelli being sworn in to the 89th Assembly District Seat in February.




 “Today, I’m announcing that my grassroots campaign to clean up the abuse and dysfunction in Albany and restore fiscal sanity to our State will continue in earnest,” he said. 

Castelli says he is abandoning  traditional partisan campaign rallies in favor of what he calls a ‘front porch’ campaign of door to door voter outreach.



 




Having spent a lifetime in public service, first as a combat infantryman in Vietnam, then as a member of the State Police for twenty-one years and finally an educator and Professor of Criminal Justice, Castelli says he is eschewing traditional partisan campaign rallies in favor of what he calls a ‘front porch’ campaign of door to door voter outreach.

Castelli says his no-nonsense approach to governance and cutting spending call for more substance than pomp and circumstance, and he is bringing that message from his front porch to the voter’s front doors, who demand no less.

“In my short time in the New York State legislature, I have shown my willingness to work in a bipartisan fashion for the protection and economic growth of the citizens of my district and New York, and this is the message that I will bring to their homes,” he said.

Castelli says his campaign has already knocked on thousands of doors this summer as he continues to work towards a solution towards the State’s budget crisis, which is exacerbated by out of control unfunded mandates and sky-rocketing property taxes.

 “From day one, I have put tax relief first and committed myself to being the taxpayer’s best friend. This campaign is a grassroots effort, and I will continue to fulfill my duties as a Member of the Assembly as I pursue my re-election campaign,” he said.

His short tenure in the Assembly has already marked him as one of the more effective legislators amidst Albany’s renowned climate of dysfunction. Two pieces of his legislation have passed both houses of the Legislature, and four of his bills were reporter from committee, including two statewide measures. Eighteen bills that he co-authored or co-sponsored have also passed the Assembly.

“The trick is to get things done in spite of the bad system, rather than because of it,” Castelli said. “As I meet with my constituents in their homes, I think they are pleased to know that if anything, I am more acutely aware of what needs to be changed in Albany since I went up there four months ago, and continue to be committed to those changes.”

He has earned the designation “Hero of Reform” for his commitment to independent budgeting, fair and nonpartisan redistricting, and enacting the toughest ethics law in the nation, after signing four different reform pledges from the Westchester County Association’s Call to Action Campaign, the Business Council of Westchester’s Enough Already NY Campaign, Ed Koch’s New York Uprising Campaign, and Common Cause and the Brennan Center for Justice’s Pledge for Change.

Castelli said this commitment to making a difference is why the New York Times deemed him “the kind of outsider Albany needs.” He expects to announce additional endorsements in the upcoming weeks from various organizations in the 89th Assembly District, which consists of the towns of Bedford, Lewisboro, Harrison, New Castle, North Castle, Mount Kisco, Pound Ridge, and portions of the City of White Plains.

“As someone who raised a family in Westchester, the owner of a small security consulting business, and as a veteran of local government for four years, I have a unique understanding to the challenges facing Westchester’s families, businesses, and municipalities and have been honored to serve as an Assemblyman for the 89th District. I’m also pleased to see that many of my core beliefs in smaller government are now being adopted by candidates across the State, including my prospective opponents,” he said.

The former Lewisboro Councilman distinguished himself in local government by keeping taxes low and as a leader in protecting the environment, yet he was considered an underdog in the February special election. He managed to win an impressive victory by a ten-point margin despite being outspent nearly two-to-one by his opponent. Since taking office, Castelli has quickly established a war chest for the November general election, raising triple the funds of his two prospective opponents, according to the State Board of Elections.

He says the central tenants of his campaign remain unchanged since February, and will remain the same despite whoever his opponent may be in the fall.

His platform is based on creating jobs by tackling New York’s hostile business climate and making Westchester a more affordable place to live and operate a business; enacting property tax reform by eliminating unfunded mandates, capping property taxes, freezing assessments for seniors, and creating a STAR circuit breaker to make the system more fair and equitable; achieving tax savings by “surgical” spending cuts to spend smarter, not harder; and cleaning up the corruption and waste in Albany by enacting the nation’s toughest ethics laws, the lawmaker said.

“I am more committed than ever to reforming Albany,” Castelli said. “The first New York State Constitutional Convention was held in White Plains in 1777. Our State last held a Constitutional Convention in 1967. We need reform minded legislators in both houses, on both sides of the aisle, willing to work together towards lower spending, smaller government, and the protection of life, liberty, the pursuit of happiness, and our environment. For that reason I support a constitutional convention to bring about needed change.”

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The Divine Mrs. Peabody: Remembering the Lady behind the Diamonds

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WPCNR MILESTONES. By Paul Kawata, Executive Director, National Minority AIDS Council. July 28, 2010:


I usually try to limit my remembrances; however, in yesterday’s New York Times, it was reported that my friend and mentor, Judy Peabody, died. The Divine Mrs. Peabody transformed my life and the lives of all the people she touched.

It’s hard to explain the impact Judy had on my life. When you are  from a hick town (OK kind of hick—Seattle), I didn’t believe that people like Judy existed except on TV shows like Dynasty. Judy was famous for her big hair, her big jewelry and her big heart.


The crazy thing about the early of years in the fight against HIV/AIDS is that it brought together folks who would never have known each other, let alone socialized, let alone become dear friends. Judy was Auntie Mame to me and so many others struggling to fight AIDS. We would travel the world, she showed me Vienna, Stockholm, Montreal and Omaha.





I met Judy at a benefit by the Alvin Alley dance company for Gay Men’s Health Crisis (GMHC). She was a vision in black tulle and lace with beautiful diamonds. I remember telling her how much I liked her necklace. She said it was from Harry. Well being the hick that I was, I asked “Harry?” She responded “Harry Winston of course darling”. She then grabbed by hand, kissed my cheeks and took me under her wings.


Legend has it that we got our first government funding for AIDS research because Judy had lunch with Mrs. Pat Buckley and Mrs. Buckley had lunch with Mrs. Nancy Reagan and Mrs. Reagan put a note on someone’s desk and we got our first $15 million.


Judy would never confirm that story, but this I do know is true. I got my first million dollar grant from the Ford Foundation because of Michael Seltzer and Judy Peabody. Michael did all the leg work with the Ford Foundation, I made the “ask” and Judy closed the deal. She had Franklin Thomas, the then President of the Ford Foundation over for a small dinner party. During dinner, she casually mentioned how much she would appreciate his support of our request. Soon after, we got a million dollars.


We were in Stockholm for the International AIDS Conference and someone had arranged for Judy and me to have dinner with Dr. Robert Windom and his wife. Dr. Windom was then the Assistant Secretary for Health in the senior Bush administration. Judy orchestrated a dinner on a boat that was the favorite of Bill Blass. I know, could you just … At the end of dinner, Dr. Windom says “thank you for the lovely dinner; I would like to help if I can.” I responded by saying “thank you very much” and proceeded to get up from the table. Well Judy shot me
the look. At that time, I didn’t understand the language of this world. In my world, that was a simple thank you; but in Judy’s world it was the opening for the ask. So with Judy’s encouragement, I made a pitch to Dr. Windom. Soon after, we received our first government funding.

Beneath the veneer of big hair, designer dresses, and diamonds, Judy was like so many of us, a care giver to hundreds of people with AIDS (PWA). For more then two decades, she facilitated a care givers support group at GMHC that she stared with her beloved Luis. She would come to meetings dressed to the nines. She would let all the guys at client services try on her fur coat, and she would take care of us. Judy was Judy wherever she went, be it with youth gangs in Harlem, PWAs in Chelsea or a black tie dinner at the Met.


We would speak several times a week going over our lists of who was in the hospital, which memorials we could attend, and who was having a benefit that we should support. She was my strength during some of the darkest moments of the AIDS epidemic in New York City in the late 80’s and early 90’s.


Recently I talked about being with my friend Michael Hirsch as he passed. What I didn’t tell you was what I did after they pulled the plug. I went to Judy’s for dinner. She was having a small dinner party for some famous Russian composer, I don’t recall his name. All I remember was sitting at the table in a complete daze. Afterwards, Judy held my hand while I sobbed into her new Oscar de la Renta dress. She stroked my hair, told me she loved me and said that we would be OK. This became our ritual every time someone we loved … died.


Judy got me through more hospital visits, more funerals, and more memorials then I can remember.
If you are very very lucky, you get to have a Judy in your life. Someone who will show you worlds that you never knew existed. I love you Judy, I will miss you, and I will never forget what you did for me, the HIV/AIDS community and hundreds of people with AIDS.

To read more about Mrs. Peabody, please go to
http://tinyurl.com/2bmjdb4

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Comptroller Candidate Assails Pension Fund Borrowing Plan

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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

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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

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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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