Monday, September 6, 2010


I was at the commission last week right at 9am to drop off some filings (I never mail anything to this bunch I always get a copy stamped to prove it was actually delivered. Since I don’t sleep with the boss I know I’m not getting that helpful phone call reminder. Come to think of it after this blog it wouldn’t surprise me if they treat me differently than anyone else and I don’t mean in a good way. Can’t say I blame them I might not sleep with the boss but I am ******** him.) Anyway who comes strolling in a little after 9am? He’s hard to miss, looks like a character from a Damon Runyon novel. That’s right Walter. Now I know Walter is a diligent hard working employee (he sends me emails denying foil requests all the time) so I asked how come he gets to come in late. The answer – TARDY POINTS.

Now I’ve never heard about TARDY POINTS and I worked for the Lobby Commission a long time in fact I ran it so I should have known what TARDY POINTS are. But I didn’t and don’t till now. It appears TARDY POINTS are something you earn from being at the commission and then you can use them to be late for work. Isn’t the commission a great place to work Lets add up all the TARDY POINTS that are used by commission employees then reduce the payroll by a corresponding amount more cost savings during these tough economic times.

Then I got to thinking is this just another state worker scam or is it a function of the culture at the commission? I decided it’s the culture. They are TARDY with lots of things besides getting to work on time. Here’s a list of the ones I know about. Lord knows how many others are out there, but if you know of some let me know and I’ll add them to the blog.

A hearing on the Abbruzesse case – going on three years

An opinion on due dates requested by a lobbyist I know – over a year

The resignation of all commissioners as requested by the governor – over a year

Michael Cherkasky’s client list – I asked for it at the first meeting Mike chaired over a year ago.

Written guidance to a lobbyist who terminated a client and then wanted to withdraw the termination after starting lobbying for the client again some months later – waiting since March for written documentation of the verbal advice (I’ll blog on this shortly since the lobbyist has not been able to file any reports since the termination has not been withdrawn)

An opinion I requested on behalf of a client regarding the widely attended event exception – since June

Then there are all the foils Walter has denied including Mrs. Ginsberg’s filing work flow notes, commission emails, policies, internal controls etc regarding due dates, audit reports the list goes on and on.

The status of the investigation I requested into Barry Ginsburg’s actions in responding to my question regarding former commission member Dan Alonso – 5 months

The status of my complaint regarding special counsel Ralph Miccio’s actions as regards his retaliatory threat of a lifetime bar violation resulting from my legal representation of a client challenging the statutory authority of the commission to impose late fees on registration amendments – over a month but I doubt they ever get the cojones to admit how wrong Ralph was

Oh and of course an answer to the simple question of DID THE COMMISSION CHANGE THE WAY IT DETERMINES DUE DATES – now 23 days and counting

I guess the commission is just going to use its TARDY POINTS it’s just a shame they haven’t done enough work to actually bank any TARDY POINTS

Which brings me to the question of - if a lobbyist has filed all required reports on time do they build up tardy points that would allow them to be late with a report once in a while? After all what’s good for the goose should be good for the Gander.

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