Tell the Council what to do about the 12/24 Hour Work Shifts

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WPCNR MR. AND MRS. AND MS. WHITE PLAINS POLL. October 30, 2009: The Common Council has Friday, Saturday Sunday as the only time left to override Mayor Delfino and direct via a resolution to suspend the present 12 hour work shifts for police patrols and 24-hour firefighter tours of duty and return to the former schedules. If they do not, the 12 and 24 hour shifts become part of the permanent labor agreement. Five members of the Council expressed desire to continue the 12 and 24 hour shifts on an experimental basis last Tuesday evening but did not pass a resolution then to do it, as the Mayor walked out of the council chamber.


The Department of Public Safety Commissioner, Frank Straub presented a glowing report on the first nine months performance of the system, and said he saw no reason to not continue it, as overtime and sick leave had been substantially reduced.


Tell the Common Council what you think they should do in the poll at the right. Vote to suspend or not hold a vote and let the 12 hour and 24 shifts become the permanent practice.

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Poll: Astorino within 7 Points of Spano in Siena/RNN Poll. D.A. DiFiori Coasts

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WPCNR CAMPAIGN 2009. From Regional News Network (Edited) October  30, 2009:  The Regional News Network, in a news release this evening reported the results of a Siena College poll that Republican Rob Astorino is running stronger than expected against incumbent County Executive Andy Spano as voters prepare to go to the polls Tuesday. RNN reported Thursday evening that Andy Spano leads Mr. Astorino by 48% to 41% and that “undecideds” would decide the election.

 

In the three-way District Attorney race, incumbent Janet DiFiori is well ahead polling 52% with challenger Dan Schorr, the Republican polling 21% and Independent  Tony Castro at 14%.

 

RNN Television (Regional News Network) and the Siena Research Institute released the results of the only public poll in the race for Westchester County Executive, and Westchester County District Attorney
The results were first made public on the network’s news/talk/opinion program Richard French Live Thursday night at 7pm.  
 
The results in the County Executive race show the Andy Spano lead is 7 points in a county where Democrats hold a huge registration advantage (D:  46.6%; R: 25.5%), and where Spano defeated Astorino by more than 16 points in 2005.  
 
Other areas of note within the poll:  Spano, a 3-term incumbent, leads despite a high unfavorable rating (46%); Spano’s favorable/unfavorable split is even more pronounced among unaffiliated voters (34% favorable/60% unfavorable; unaffiliated voters make up 22.2% of the electorate in Westchester County); Astorino though within striking distance, is not known enough by half the voters polled (including 1/3 of Republicans) to form an opinion on Mr. Astorino.

Jim McLaughlin, of the professional polling organization, McLaughlin & Associates was quoted in the RNN news release on the significance of the poll:


“In spite of Andy Spano running the most negative campaign in Wetschester history, 52 percent of Westchester voters are rejecting Spano.  Spano is under the all important 50 percent threshold with the electorate.  Spano’s negatives are 46 percent overall and a whopping 60 percent with independents.  These findings make Spano unelectable to Westchester taxpayers.  Clearly the momentum is on Rob Astorino side in the last week, and Astorino is well positioned to win this race.” 

 

Poll specifics are available here.

 

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Council Fails to Call Special Sess Yet to Direct Straub to Kill 12-24

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WPCNR COMMON COUNCIL CHRONICLE-EXAMINER. October 29, 2009:  As of 1:15 P.M., the City Clerk Office reports that no Special Meeting of the Common Council has been scheduled either tonight or Friday at this time, indicating that the Common Council despite their concerns, will not take a formal official vote to direct Commissioner of Public Safety Frank Straub to terminate the 12 and 24 hour work schedules for Police and Fire prior to Monday. Otherwise, the 12 and 24 schedules automatically become part of the union agreement.


The Council was under the assumption that their 5 expressions of opposition to making the rules permanent, instead of continuing on an “experimental” basis that were made by Councilpersons Boykin, Lecouona, Malmud, Power and Roach constituted a super majority that the Commissioner should follow, but it was not an official vote. The council would need to schedule two Special Meetings to take an official vote directing Straub to kill the work schedules and revert to the 8 hour schedules of the past.


There has no been no indication yet that Straub will decide on his own to terminate the schedules.

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CRIMESTOPPERS: Tip WP Police INSTANTLY SILENTLY by TEXTING tip411:WPPD

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WPCNR POLICE GAZETTE. From Daniel Jackson, Deputy Commissioner of Public Safety White Plains. (Edited) October 29, 2009 UPDATED 2:53 P.M. E.D.T.:  The White Plains Department of Public Safety is launching tip411, an internet based tool that enables the public to text message an anonymous tip to police, and lets the police respond back creating a two way anonymous “chat”.


To Tip the Police anonymously on sensitive matters of crime and threats, text


 tip411


WPPD(space)Type Your Message



Commissioner of Public Safety Dr. Frank Straub in a statement said “We’re proud to be part of a national program that agencies in over 27 States are currently using to enhance public safety.  This new capability will help our citizens play an active role in keeping their neighborhoods safer and hopefully engage younger people in the process.”Photo, WPCNR NEWS ARCHIVE.


Anyone with a cell phone can now send an anonymous tip to WPPD by texting to the address tip411, then typing the word WPPD, a space  and your message. Its 100% anonymous.  CitizenObserver’s technology removes all identifying information before the Police Department sees it so there’s no way to identify the sender.


The system does NOT replace 911 for reporting emergencies. And, this is not a service of twitter, which some readers may have thought based on the first edition of this article.


 



Reserved exclusively for Public Safety purposes and powered by CitizenObserver, a St. Paul MN company, tip411 puts a powerful new crime fighting tool into the hands of our community for all ages and demographics.

According to Commissioner Frank Straub, Ph.D., this capability is a new paradigm for creating safer communities – especially in reaching out to a younger demographic. “When someone feels afraid to come forward, or simply feels like they don’t want to get involved – this can be a great way to pass information on without fear of retribution.”

CitizenObserver, a St. Paul, MN company founded in 2000, provides web based alerting tools to law enforcement, education, and public safety agencies in over 40 states.

Very Important: The system does not replace 911 for emergencies.

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Hockley is OFF the Ballot for Good. Appeals Refuses to Consider his Appeal

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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.

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Good Old Ebersole Rink Scheduled to Open for Season Today

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WPCNR ICE NEWS. October 28,2009: Ebersole Rink, the White Plains outdoor-with-roof ice skating facility, is scheduled to open today at 10 A.M.  to 2 P.M. and 3 P.M. to 5 P.M. for its first public skating sessions of the season. The rink was scheduled to open two weeks ago, but has delayed opening for unknown reasons. Home to the White Plains Plainsmen hockey organization and the White Plains Figure Skating Club, the rink opened in 1961, is a beloved community recreation and social phenomenon.



Welcome Back! Kristen Fuerst, Ebersole Skating School Director for 13 years, reports  there is still time for parents to sign their kids up at the White Plains Department of Recreation and Parks Headquarters. Private lessons are also given at the rink by the Skating School Instructors. Contact Rec & Parks at 422-1336, for the Skating School Booklet, or the skating school at 948-6696, for information on Group Lessons from 4 to Adult, Advanced Figure Skating. 


Contact Diane Irmler, Membership Chair for information on the White Plains Figure Skating Club, or the President of the Club, Karen Kennedy. The first skate night of the season is Friday evening at 8.


 



Juliana Bailey, aged 9 in 1998 at Ebersole with pal, Amy Reinthaler, 13.  Great friends, despite the difference in age, the two went on to skate for their colleges on syncrhonized skating teams, competing on a national level. Photo, Kristen Fuerst.


Good ole Ebersole, as this reporter has written many times, is where kids learn confidence through working on their skating, admiring older girls who have gone before them do their twizzles, wallys, crossovers, loops, lutzs and the ultimate – landing the first axle. All aspire to the coveted  black White Plains Figure Skating Club jacket. As grow up at The Eb, the young become the older girls whom the skating school employs as teachers and the Ebersole tradition carries on year after year.



Two for the Ice for Life : Juliana Bailey, 18, left with 22 year old Amy Reinthaler, right, 10 years later,   at the 2007 Nashville Synchronized Skating Midwest Championships. Ms. Reinthaler  pioneered  Synchronized Skating at the University of Notre Dame.


Ms. Reinthaler was a mentor whom Ms. Bailey looked up to for leadership and guidance at Ebersole Rink when they both skated there. Once you skate together, you’re friends for life — and you get all those great college skating warmup jackets, too! 


Public sessions:


Wednesdays: 10 A.M. to 2 P.M., 3 PM to 5 P.M.


Fridays: 10 A.M. to 2 P.M., 3 P.M. to 5 P.M., 8 to 10 P.M.


Saturdays: 12:15 P.M. to 4 P.M.


Sundays: 10:20 A.M. to 11:45 A.M. (for Adults)


1:15 P.M. to 4 P.M.


Admission: Residents with Recreation I.D.,Youth $4,Adult $5 Senior $4


Non-Resident or without City: Youth $7, Adult $9 Senior $7

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Council:Kill 12-24 Shifts. Mayor Says He Won’t. Council Mulls Next Move

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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.

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Hockley Goes to Albany. Seeks Appeals Ruling on Election Law

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WPCNR WHITE PLAINS LAW JOURNAL. By John F. Bailey. October 27, 2009. UPDATED 10:59 A.M. E.D.T.: Councilman Glen Hockley, removed from the White Plains Mayoral ballot by the New York State Appellate Court, Second Department, Brooklyn in a ruling handed down last week, will file a brief with the New York State Court of Appeals in Albany this morning appealing for the highest court in the state  to reverse that decision.


 


According to Mr. Hockley’s attorney Nelson Kantor, Mr. Hockley’s grounds for appeal asks the Court of Appeals to reverse the Appellate decision in view of the liberal decisions made by the Appellate Court Third Department (Albany) that has upheld  candidates’ rights to be on the ballot despite their committing “fatal” technical violations of election law.


 


Kantor told WPCNR this morning, he is asking the Court of Appeals to rule on what direction the Court of Appeals collectively believes the1992 Election Law means. Kantor said that there has been a “dichotomy” of rulings between the Appellate Second Department which has strictly interpreted election law, following the letter of the1992 Election Law, while the Third Department has made decisions allowing candidates who have unknowingly failed to comply with strict election law procedures to remain on the ballot. WPCNR has requested a copy of  Mr. Kantor’s brief,


 


Kantor said his “show cause” brief does not ask for a stay of the Second Department’s order at this time, and is asking for an emergency ruling from the Court.  Presently, Kantor told WPCNR, Mr. Hockley remains off the ballot unless the Court of Appeals agrees to review the case and reverses the decision.


 


Write-In Campaign Waits in Wings.


 


Should the Court of Appeals deign to review the appeal, Hockley is poised to mount a write-in campaign, explaining it in his online Glen Hockley Newsletter:


 


“As you may have heard, the Appellate Division, 2nd Department, of the Supreme Court of the State of New York ruled against me this week and has effectively removed me from the ballot for the upcoming November 3rd election.  This ruling is a travesty to democracy and to the citizens and residents of White Plains.  The Board of Elections and Democratic Party have succeeded in trying to hand over the Mayor’s office to my opponent.  I will work as hard as I can for the people of this great city to have a choice for Mayor.  My advisors and I sat down and discussed our options and have decided to appeal.  We will be appealing ASAP.  We have to remember that we must prepare for the worst. 
 
In case that we lose our appeal, our last choice will be to write me in as your next mayor.  In order for this to happen, I will need VOLUNTEERS on November 3rd to let everyone know how exactly to write me in.  I have already prepared written instructions for the write-in and have included a link* for you to download these instructions.  The instructions are for the older lever-type voting machines.  Newer voting machines will also be used this year for the first time and I will include those instructions in a future email. 
 
I can only make this work with YOU.  This is YOUR election and you cannot be denied a choice on November 3rd.  If you are interested in volunteering, please send an email to hockleyformayor@gmail.com  Please provide me with your first name, last name, phone number and the time you are available.  I will need volunteers to handle the phones, distribute write-in instructions(only in the case that we lose the appeal) and anything else that may arise throughout Election Day from 6am-9pm.  Please forward this email to anyone you think is willing to help.  Thank you so much for your support.  It is greatly appreciated.  “

 


This is Mr. Hockley’s second historic trip to the Court of Appeals.


 


His first in spring of 2002, resulted in his winning his seat on the Common Council when the Court of Appeals ruled the New York courts could not decide elections or call for special elections in a disputed election result.


 


Mr. Hockley’s opponent in that race, Larry Delgado had won two earlier court rounds,  in which Judge Francis Nicolai had called for a special election in District18 in White Plains where a voting machine jammed, and that the Appellate Court, Second Department had expanded to a citywide election. The Court of Appeals reversed those two rulings, saying that Larry Delgado’s only recourse was to file a quo warranto action with the State Attorney General (then Eliot Spitzer), asking for Mr. Hockley to be removed from the Council. Subsequently,   after a succesful quo warranto action Delgado was installed on the Common Council, and Mr. Hockley removed. Hockley won back his seat in 2005, defeating Mr. Delgado.


 


Ironically, Mr. Hockley’s attorney in that successful trip to the Court of Appeals was Adam Bradley, his Mayoral opponent should the Court of Appeals reverse the Second Department decision.



 

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Candidate Answers to Biz Poll Vague.

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WPCNR CAMPAIGN 2009. From the Westchester County Association. October 24,2009: Citing vagueness and lack of specificity in responding to questions about issues impacting the business community, the leadership of the Westchester County Association (WCA) made public Wednesday evening the responses to a questionnaire that the WCA had distributed to the candidates for county executive and county legislator.


 


Developed by members of the WCA’s Advocacy Committee, the questionnaire focused on issues of importance to the business community including property taxes, the cost of the HUD settlement, consolidation of services, compensation for county employees, real estate revaluation, Playland and the MTA payroll tax. The WCA had requested the candidates provide responses to the questionnaire distributed in early October in order to prepare an analysis before the election so that its members could make an informed voting decision.


The analysis was the focus of Wednesday night’s 16th Annual Government Reception attended by more than 250 WCA members and government officials from the municipal, county, state and federal levels. Among those attending were candidates for county executive, incumbent Andrew Spano and challenger Rob Astorino, who addressed the gathering about their responses to some of the questions.


 

WCA Chair Alfred B. DelBello said that the questionnaire was the start of a process “to find out where our elected officials stand on the issues that are important to our members and the business community at large.” He added: “As most of you know, the WCA has been actively advocating for our elected officials to make the kinds of changes needed to keep our county and state economically viable. We have recommended the government sector adopt the best practices of the business community in the areas of compensation, efficiency, consolidation and privatization of the infrastructure, for example. In this difficult economic climate, the need for reform is even more critical.”

 

WCA President William M. Mooney said that the questions revolved around initiatives to lower taxes and create an environment that attracts and retains business. He felt the responses from incumbent and challenger alike did not give the kind of tough answers needed to change the status quo and that in some cases, the responses were clearly dismissive. Mr. Mooney stated, “Our goal is to provide the business community with the candidates’ views on issues that are important to our economic future in the hope that this will lead to informed decisions in the voting booth.”


To view each of the candidates questionaire results, please click here.

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Glen Hockley Removed from Ballot by Appellate Court.Delfino May Eye Assembly

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WPCNR WHITE PLAINS LAW JOURNAL. October 22, 2009 UPDATED 5 P.M. E.D.T. IN ITALICS.UPDATED 12:15 A.M. E.DT. OCTOBER 23: The Appellate Court of the State of New York, 2nd Department, has ruled in the appeal of Judge Francis Nicolai’s decision September 10, which allowed Glen Hockley to remain on the Mayoral ballot without filing a Certificate of Acceptance with the Board of Elections of Westchester County. The decision all but assures Adam Bradley, the present Assemblyman, running for Mayor on five lines will be the next Mayor of White Plains.


Mayor Joseph Delfino told WPCNR Thursday evening he would provide a “transition team” for de facto Mayor-Elect Bradley (by virtue of Hockley being removed by order of the Appellate Court), “if Mr. Bradley asks me for one, and after he wins.”


Asked what his plans were after January 1 when he will leave office, Mayor Delfino said he would clean his room (in his apartment in White Plains), saying how he had taken very little vacation in 12 years as Mayor. Asked if he had further political aspirations, and would he run for Mr. Bradley’s Assembly seat in the 89th District, considering the Mayor’s considerable campaign funds, Delfino said people had spoken to him about running for office again, and  though it was too early to say, “I would not rule it out.” 


Adam Bradley’s Assembly seat most likely will be decided in a Special Election to be called by Governor David Paterson after Mr. Bradley resigns in January when Bradley presumably, barring a write-in campaign by Mr. Hockley, will resign his Assembly seat.


One observer told WPCNR that Peter Harckham, the Westchester County Legislator from District 2, a resident of Katonah-Lewisboro, in Assembly District 89, is at this time likely to be the Democratic choice to run for Bradley’s seat. WPCNR has not contacted Bill Ryan of District 5, the Chair of the County Board of Legislators and a White Plains resident, as to whether he was intrigued by a run at the New York State Assembly.


The Appellate Court ruled unanimously to remove Mr. Hockley’s name from the Mayoral ballot in White Plains for failure to file the Certificate, ruling “the judiciary is foreclosed from  fashioning any exception to this requirement, however reasonable they may appear,” citing five previous cases decided in similar circumstances.


Glen Hockley told WPCNR he learned of the decision approximately 3 P.M. and is discussing the possibility of appealing the decision with his legal advisors. He told WPCNR, he had not made an legal moves yet to stay the order. He called the decision by the Appellate court,”an injustice coming from four justices,” that the justices put “process over fairness.”  He said if he decided not to appeal, he would continue his campaign as a “write-in” candidate.


This effectively elects Adam Bradley Mayor of White Plains by default, since Mr. Bradley remains the only Mayoral contender on the ballot, pending any possibility of appeal by Mr. Hockley.


Here is the Second Department decision in its entirety:


 



Decided on October 20, 2009


SUPREME COURT OF THE STATE OF NEW YORK


APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENTREINALDO E. RIVERA, J.P.


ANITA R. FLORIO


HOWARD MILLER


L. PRISCILLA HALL, JJ.


2009-08864


(Index No. 19488/09)


[*1]In the Matter of Glen Hockley, respondent,


v


Westchester County Board of Elections, et al., appellants.DECISION & ORDER


In a proceeding, in effect, pursuant to Election Law § 16-102, inter alia, to validate an


independent nominating petition nominating Glen Hockley as the candidate of an independent body


known as “People Over Politics” in an election to be held on November 3, 2009, for the public


office of Mayor of the City of White Plains, the appeal is from a final order of the Supreme Court,


Westchester County (Nicolai, J.), dated September 10, 2009, which, after a hearing, in effect,


granted the petition, inter alia, to validate, and directed the Westchester County Board of Elections


Matter of Hockley v Westchester County Bd. of Elections (2009 NY Slip Op 07634)


http://www.nycourts.gov/reporter/3dseries/2009/2009_07634.htm[10/22/2009 3:07:00 PM]


to place the petitioner’s name on the appropriate ballot.


ORDERED that the final order is reversed, on the law, without costs or disbursements, the


petition, inter alia, to validate is denied, the proceeding is dismissed, and the Westchester County


Board of Elections is directed to remove the petitioner’s name from the appropriate ballot.


A candidate “designated or nominated for a public office other than a judicial office . . . by an


independent body . . . shall, in a certificate signed and acknowledged by him, and filed as provided


in [Election Law article 6], accept the designation or nomination as a candidate of each such . . .


independent body . . . otherwise such designation or nomination shall be null and void” (Election


Law § 6-146 [1]).


Although the record indicates that the petitioner candidate personally solicited and witnessed


many of the signatures contained in the nominating petition and personally filed that petition with


the Westchester County Board of Elections, it is undisputed that the petitioner failed to file a


certificate of acceptance. This failure to file the required certificate constituted a “fatal defect”


(Election Law § 1-106[2]), and “the judiciary is foreclosed from fashioning any exceptions to this


requirement, however reasonable they might appear” (Matter of Irvin v Sachs, 129 AD2d 827, 828;


see Matter of Rhodes v Salerno, 57 NY2d 885, 887; Matter of Carr v New York State Bd. of


Elections, 40 NY2d 556, 558-559; Matter of Carnahan v Ward, 44 AD3d 1249, 1250; Matter of


Pasquerella v Sunderland, 207 AD2d 515, 515; Matter of Sheehan v Aylward, 84 AD2d 602, 603).


Accordingly, the petition, inter alia, to validate should have been denied and the proceeding should


have been dismissed.


RIVERA, J.P., FLORIO, MILLER and HALL, JJ., concur. [*2]


ENTER:


James Edward Pelzer


Clerk of the Court

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