CHRISTMAS, HANNUKAH AND KWANZA COME EARLY

That’s right I got another letter from Barry today. I can’t wait to read it . . . . too easy Barry c’mon you have to make me work harder. I unwrapped the present and I must tell you I’m disappointed. I know it’s rude to tell someone their present is less than perfect but for such a brightly wrapped box I thought you would give me more than a fruitcake.

To let the readers in on what Barry’s letter says it basically is as follows:

1. I’ve got a resolution from the commission that says I’m authorized to issue “informal opinions”
2. I’m not going to show you this resolution because I don’t have to.
3. “informal opinions” are not advisory opinions that can be published, and
4. You have until November 12 to turn your request for an advisory opinion into a request for an “informal opinion”

Let’s take the easy one first. What happens on November 13 you dope? That’s right Barry your arbitrary deadline is meaningless. If I could ask for your mythical “informal opinion on the 12th I could ask for it on the 13th the 15th (when Mike the ex-chair’s resignation is effective under the public officers law) or any other day I choose. Unless of course, you plan on treating me differently than you treat others. Of course I wouldn’t be a bit surprised if Mike the ex-chair gave you a resolution that did exactly that. Remember Barry when in doubt think wwidfmw (what would I do for my wife). If your wife could ask for an “informal opinion” anytime so can I.

Because you will not provide the written delegation you force me to believe you when you say it exists. I DON’T. As I have written before your word is worth s**t as far as I am concerned.

But even if you have a written delegation the commission can only delegate to you powers that it possesses. And when it comes to lobby opinions the only power it has is the power to issue an opinion that it must publish.

Barry you might want to ask yourself who invented the “informal opinion” and why. The answer will help you understand why you are so far behind in this game.

Make the next letter the regulatory equivalent of a 50” plasma TV cause the current letters are like fruitcakes from a fruitcake, I appreciate the thought but they just end up in the garbage.