THE HITS JUST KEEP ON COMING

Staying in the holiday spirit I will wait till next week to blog about the $5000 we know it when we see it gift fine, the first lucid thought from PIC (its in a dissent) and just how arrogant PIC can be “the guardians of Public Ethics” till then enjoy the holidays I personally wished Barry a merry Christmas at the PIC offices today he didn’t look happy writing your resume is tough this time of year. I did give him a gift tho I told him about the old lobby commission tradition of letting staffers go home at 2pm on Christmas eve while the top people in the agency manned the phones I hope he got in touch with his inner SANTA

12 Days of Christmas

On the first day of Christmas
the PIC sent to me:
The resignation of Michael Cherkasky

On the second day of Christmas
the PIC sent to me:
Two Tardy Points
and The resignation of Michael Cherkasky

On the third day of Christmas
the PIC sent to me:
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky

On the fourth day of Christmas
the PIC sent to me:
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky


On the fifth day of Christmas
the PIC sent to me:
Five lifetime bans (not)
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky

On the sixth day of Christmas
the PIC sent to me:
Six 2nd floor staffers sleeping
Five lifetime bans (not)
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky


On the seventh day of Christmas
the PIC sent to me:
Seven dwarfs named Barry
Six 2nd floor staffers sleeping
Five lifetime bans (not)
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky

On the eighth day of Christmas
the PIC sent to me:
Eight questions Ralph hasn’t answered
Seven dwarfs named Barry
Six 2nd floor staffers sleeping
Five lifetime bans (not)
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky


On the ninth day of Christmas
the PIC sent to me:
Nine foil denials
Eight questions Ralph hasn’t answered
Seven dwarfs named Barry
Six 2nd floor staffers sleeping
Five lifetime bans (not)
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky


On the tenth day of Christmas
the PIC sent to me:
Ten change in due dates
Nine foil denials
Eight questions Ralph hasn’t answered
Seven dwarfs named Barry
Six 2nd floor staffers sleeping
Five lifetime bans (not)
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky

On the eleventh day of Christmas
the PIC sent to me:
Eleven commissioners as bad as Feerick
Ten change in due dates
Nine foil denials
Eight questions Ralph hasn’t answered
Seven dwarfs named Barry
Six 2nd floor staffers sleeping
Five lifetime bans (not)
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky

On the twelfth day of Christmas
the PIC sent to me:
12 felony charges against Teitelbaum
Eleven commissioners as bad as Feerick
Ten change in due dates
Nine foil denials
Eight questions Ralph hasn’t answered
Seven dwarfs named Barry
Six 2nd floor staffers sleeping
Five lifetime bans (not)
Four doggers bitching
Three late fees
Two Tardy Points
and The resignation of Michael Cherkasky

IN THE CHRISTMAS SPIRIT

Twas the night before Christmas, in the old commission house
no one was working, except Kopec who was playing solitaire with her computer mouse

The doggers were nestled all snug in their cubes
spying and backbiting like a couple of boobs

The opinions were written the press releases all sent,
Walter was looking like an old english gent.

Barry was nervous he was losing his hair
His wife was a lobbyist and he just lost his protective Chair

Old Mike had run off like a thief in the night,
he knew like Feerick before, what he did just wasn't right.

When out on the web there was a growing emotion
that CPI should be dismantled it was more than a notion.

Shelly had tried only to be thwarted
by a Governor whose affairs were documented and quite sordid

CPI started to look at Yankee tickets, the seats they were primo
So the Gov got scared and gave them a veto

But fear has sprung again with a new Gov named Andrew
If he keeps his campaign promises they all soon would be thru

What would they do the minions of Barry,
He called them by name all except Ace and Gary

Come here Ralphie, Jeannine, Deb, Howard and Teri
Come here Bob, Scott, Bridget and the wooden indian named Larry.

Come to my office we have to plan our attack
We need to get Grandeau off of our back.

With their heads filled with nothing cause they're dopes one and all
Jeannine and Deb said not us we are taking a long lunch at the mall

With his blog and public questions he has shown all our flaws
every mistep every coverup from Herb to the lobby laws

He says that getting our letters are to him just like gifts
we should stop sending them but we can’t because we’re nitwits

I hear he hangs them all on his Christmas tree
as proof of what idiots we are for the whole world to see

As he drives past our building in a new car or sleigh
that’s been paid for from business that we’ve sent his way

We’ve made it easy for him to keep getting new clients
as we sit up here like a bunch of spoiled tyrants

I heard him exclaim as he beeped and drove off on his way to go dine
Merry Christmas to my crew to the rest of you its time to resign

HAS THE COUNTDOWN BEGUN?

Busy day for the insane clown posse, better known as the Public Integrity Commission.

First was the announcement of a big fine against outgoing Governor Paterson. I’ve got mixed feelings on this one, on the one hand as usual the PIC’s actions have me scratching my head as they overruled their own in-house wholly owned judge and went out of their way to say the governor accepted a gift from a disqualified source (the Yankees) but then failed to address why the Yankees were not investigated or fined. The wholly owned in-house Judge said the Yankees were in the clear because they got a letter saying the tickets where for the Gov in his official capacity the commission seemed to accept that if the Gov lied in the letter the Yankees have a defense but that presents two problems. First that defense doesn’t exist in the lobby act and Second how do you explain the other 4 tickets that the Gov got for free? I’ve got no beef with the Yanks and I’ve got clients that give me pretty good seats for Yankee games that my kids enjoy so at the end of the day I say good for the Yankees (if you read my earlier posts you know why I think its impossible for the governor to have gotten a gift if the Yankees did not give one). One last technical point this fine was based on the vote of 7 of the 10 commissioners, the bare minimum required as 3 commissioners must have recused themselves although we don’t know why (didn’t cherkasky in his long goodbye say that recusal AND DISCLOSURE is the best practice when you have a conflict? Oh well do as I say not as I do huh Mike.) If ex chair Mike should have recused himself because of his connection to the YES network their aren’t enough votes for the fine. Something for Ted Wells to deal with it’s not my fight. Under that same heading is the fact that the commission will not issue a gift opinion until their regulations are approved under SAPA (see my earlier post) but that isn’t stopping them from issuing fines for gifts. It just doesn’t seem fair does it Mr. Paterson? I guess karma truly is a bitch if you didn’t veto Speaker Silver’s bill this agency would be gone already . . . I wonder how much PIC pressure you were under when you issued that veto?

Shortly after this fine was announced they announced that they would not be prosecuting Jared Abbrussezze, the last case the Lobby Commission left them over three years ago no one can claim that they rushed to judgment on this one huh LOL. In their decision they note that they could not compel Mr. Abbrusseze to return to New York from Florida to testify or be served a subpoena. Hey Ralph he was just down the street from you testifying in the Bruno case, a case that had its genesis in our old lobby investigation. Why not send one of those underworked overpaid bouncers you call investigators down to hand him a subpoena on the sidewalk? Anyway this one falls in the category as not my problem since the entire Lobby Commission unanimously referred the case for a hearing before I left. There are only two people left at PIC that were involved - Ralph Miccio and Andrew Celli someone should ask one or both these lawyers what changed. They were for it before they were against it.

As an aside both of the foregoing issues were decided December 9 why wait 10 days to announce them? And the Abbrussezze case was a Lobby Law issue so if you reached a decision in executive session at the last meeting you were legally required to announce it in public session. Oh well it’s just the Open Meetings Law what was that you said on TV tonight Barry? its important to set the tone at the top? Right you guys are doing a great job of that.

The last item wasn’t a press release it was a subpoena that the “vindictive do as I tell you not as I let my wife do” executive director (and that clock is ticking trust me) sent to my client’s client on that trifling contract extension case I blogged about a couple of weeks ago. Save yourself the trouble guys the client is going to say under oath that they verbally extended the contract just as we stated in our filing. NORC this case already so the wholly owned in-house judge can be appointed and I can issue my subpoenas Will you accept service of process for your wife and the commission employees I am going to call as witnesses Barry? (do you hear that it’s that ticking clock again)

CHERKASKY’S LAST STAND

I just got back from the latest commission laugh fest also known as a commission meeting. Three hours of my life that I can never get back. Why do I keep going? I believe it was Mark Twain that said the definition of insanity is doing the same thing over and over while expecting a different result. I must be insane because it was the same meeting.

10:30 start

10:31 into executive closed door eat lunch private session

12:45 allow the public in while commission toadies clean up the remnants of the catered lunch that the members have been gorging themselves on for the last 2 hours. No desert to be seen but the whole office will gather later for a forced coffee break to eat cake with the ex-chair.

12:50 the proverbial lets make a legislative recommendation that will never be passed but gives insight into how the commissioner’s minds work when it comes to gifts. Commissioner Carpinello again states he doesn’t like the removal of the safe harbor of intent to influence. Barry says why don’t we add it in separately that it’s not a gift unless it’s unreasonable to infer there was an intent to influence by the gift giver. Congrats all around and if passed every gift will be subject to the commissions subjective analysis of intent I feel better about gifts don’t you? By the way still no gift opinions till SAPA review on the gift regulations conclude but they will prosecute you for it (note to outgoing governor Pattersons lawyers give me a call I can show you how to beat that Yankee ticket rap)

12:55 exceeeeeeeeeedingly boring presentation by Shari Calnero (a Bruno contract) regarding regulations for policy makers

1:00 Cherkasky’s final statement (I thought he retired a month ago whats he doing still acting as ring master) I have reproduced it below with my translation and comments in bold

It is with a sense of thanks, pride, regret and concern, that I resign, effective January 1, 2011, as Chairman of the New York State Commission on Public Integrity. THIS IS THE SECOND TIME I’VE ANNOUNCED IT BUT MY NARCISSISM KNOWS NO BOUNDS I am thankful to Governor Paterson for giving me the privilege to serve our great State of New York as Chairman of this important commission. AND I AM POSITIVE THAT HE REGRETS IT BUT I ACTED LIKE A TYPICAL PATTERSON DECISION I am thankful to the staff, and particularly Barry Ginsberg the executive director, for the tireless support they have given me and this commission. They have worked long hours, frequently under fire, and have maintained their professionalism and integrity when others have not GOT ANYONE IN PARTICULAR IN MIND WHY NOT SHOW SOME GUTS AND NAME NAMES, and under conditions in which a lesser group would have given in to bitterness and despair. I applaud you. IS THAT CRICKETS I HEAR I thank my fellow commissioners, both current and past, for consistently bringing a non-partisan, disinterested, but keen intellect to the enormous challenges we have faced together. You have been disparaged on more than one occasion by critics, many of whom have acted out of self-interest and self-promotion. GOT ANYONE IN PARTICULAR IN MIND WHY NOT SHOW SOME GUTS AND NAME NAMES IF YOU MEAN ME YOU ARE RIGHT YOUR ANTICS HAVE BROUGHT ME A LOT OF BUSINESS You have responded by raising the level of the dialogue, going about your business in a professional manner and doing the job that you volunteered to do. HAVE YOU ACTUALLY LISTENED TO THE DIALOGUE ON GIFTS? A THIRD GRADER COULD RAISE THE LEVEL OF THAT DIALOGUEI am proud of the work we have done in the last year and a half. We are the only New York State agency that has taken on improper conduct in the last two gubernatorial administrations, charged those involved, and penalized them. YOU MIGHT WANT TO CHECK ON JOE FISCH’S IG OFFICE ABOUT THAT. BUT YOU ARE THE ONLY AGENCY THAT HAS BEEN ACCUSED BY BOTH THE IG AND ALBANY COUNTY DA OF IMPROPER CONDUCT IN THE WAY YOU RAN THE TROOPERGATE INVESTIGATION WHAT EVER HAPPENED TO FEERICK AND TEITELBAUM LOL We have brought charges against the current Governor and referred him for prosecution after concluding that he probably lied under oath during a Commission investigation, and have charged, and, after a hearing by a neutral officer, penalized Governor Spitzer’s chief of communications, among others. YOU DIDN’T ACTUALLY DO THE PATTERSON CASE THOUGH DID YOU YOU HAD TO BRING IN A BUDDY FROM OUTSIDE THE AGENCY TO DO IT AND WHERE DID HIS AUTHORITY COME FROM? REMIND ME AGAIN WHY THE YANKEES AND SPITZER GOT A PASS IN BOTH OF THOSE CASES. AND DON’T YOU HAVE A CONNECTION TO THE YANKEES THRU THE VENTURE CAPITAL FIRM THAT OWNS YOUR BUSINESS? MUST BE ONE OF THOSE CONFLICTS YOU WOULD RECUSE YOURSELF FOR. At the same time we have continued our less visible, but crucial work. We have received and reviewed tens of thousands of financial disclosure statements and lobbying filings, INCLUDING LATE FILINGS BY COMMISSION STAFF AND THEIR SPOUSES trained thousands of individuals in ethics and lobbying laws, and enforced the ethics and lobbying laws.
I am also proud of the way this commission responded to an unwarranted demand to resign by the current Governor. I found the commission’s actions to have been appropriate, and the Commissioners’ refusal to resign was both courageous and proof of independence from the political process, a characteristic that is a must for a watchdog on integrity. IF YOU HAD SHOWN INDEPENDENCE FROM THE SPITZER ADMINISTRATION PATTERSON WOULD NOT HAVE HAD TO ASK WHAT HE SHOULD HAVE DONE IS REMOVE EVERYONE BUT EMERY FOR FAILING TO INVESTIGATE TEITELBAUM AND GINSBERGS ACTIONS AS JUDGE FISCH POINTED OUT I regret that it is necessary to resign. I believe that disclosure of conflicts and recusal, when appropriate, will, in most cases, allow commission members, particularly unpaid commission members, to continue to serve. Unfortunately these are highly charged times, in which we are dealing with an appropriately disappointed public who may not care for some of the nuance of disclosure and recusal. Secondly, I concluded that because of a recent acquisition by my business and the scale of the enterprise I now run, with tens of thousands of clients, I might not become aware of a conflict before I became involved in a Commission matter. I cannot risk the Commissions reputation, nor mine. This fact requires me to step down. I do regret leaving at this critical point in the commission’s history, and I will miss working with my Commission colleagues to make New York better. SEE ABOVE COMMENT RE YANKEES BUT AS AN ASIDE IF YOU HAD AN ISSUE IN OCTOBER WHY DID YOU HANG AROUND UNTIL NOW AND WHY WON’T YOU RELEASE THE NAMES OF THOSE CASES WHERE YOU HAVE RECUSED YOURSELF “DISCLOSURE OF CONFLICTS” THOSE ARE YOUR WORDS NOT MINE. I’VE FOILED THE LIST AYERS SAYS HE WON’T RELEASE IT MAKES YOU A HYPOCRITE BUT YOU KNOW THAT ALREADY

Finally, a few notes of concern.

1. First, as I said in my public statement as Commission Chairman in May of 2009, with 13 members, the Commission is too large. It was a number arrived at as part of a political compromise. Five or seven is a more appropriate number. WHY NOT AN EVEN NUMBER? ITS ALL ABOUT GUBERNATORIAL CONTROL FOR THE OLD SPITZER CROWD LOBBY COMMISSION HAD 6 WORKED PRETTY WELL
2. Second the selection process looks too partisan. And appearances matter, even when the reality is different. Commissioners should be nominated by a bi-partisan panel and then selected by elected officials, much like the judiciary. THE REALITY IS THAT YOUR ACTIONS HAVE DEFINED THE REALITY IT’S THE PEOPLE STUPID NOT THE PROCESS
3. Third, the Commission has far too few resources to accomplish what it is asked to do. This is a crucial point. We set ourselves up for failure trying to police every ethical, conflict, disclosure or lobbying issue, when we do not have sufficient resources to discover and penalize those who break the law. Failure breeds the cynical view of government that we see from the public today. If the resources are not available, and in this economic crisis I do not believe they are, then we must be willing to triage and focus the limited resources to do the greatest good. We can accomplish this by raising the threshold for lobbying act and disclosure filings, and by limiting post-employment restrictions to managers. Some good government groups may claim these steps are a retreat from sound ethical oversight. Only by taking these types of steps, however, will we be able to have the resources to enforce the more important integrity laws. YOU HAVE P[LENTY OF RESOURCES TO DO THE JOB THE OLD ETHICS COMMISSION AND LOBBY COMMISSION DID JUST FINE WITH THE SAME RESOURCES AND STAFF THE PROBLEM IS ON THE SECOND FLOOR THE PEOPLE RUNNING THE AGENCY DON’T HAVE THE TALENT TO DO THE JOB YOU CAN’T LEARN THIS STUFF IN A SELF HELP BOOK
4. Fourth, the issuance of investigative reports by prosecutorial and quasi-prosecutorial agencies, without the right of the subject to contest the report before a neutral officer and a required standard of proof, is destructive to our society. How does any citizen get back their reputation besmirched by an unfair and biased government report? They can’t. Such reports gain headlines, create a sense of crisis, and destroy the fabric of a fair society. So we must build in safeguards to insure that such government reports are subject to a fair process before they are issued. IF YOU ARE TALKING ABOUT JUDGE FISCH AND THE IG REPORT ABOUT TEITELBAUM FEERICK AND GINSBERGS ACTIONS IN TROOPERGATE YOU ARE THE ONLY ONE WHO THINKS IT WAS UNFAIR HAVE YOU EVEN READ THE REPORT? STOP MAKING EXCUSES TEITELBAUM LEAKED INFORMATION TO THE TARGET OF AN INVESTIGATION FEERICK WAS ALERTED TO IT BY THE DA AND WITH THE EXCEPTION OF COMMISSIONER EMERY THE REST OF THE COMMISSIONERS STUCK THEIR COLLECTIVE HEADS UP THEIR ARSES AND HOPED IT WOULD GO AWAY REPUTATIONS WERE CERTAINLY RUINED AND DESERVINGLY SO YOU SHOULD BE MORE WORRIED THAT GINSBURG STILL INVITES TEITELBAUM INTO HIS OFFICE FOR ADVICE TALK ABOUT GIVING AN ARSONIST A MATCH
5. Finally, integrity cannot be limited to the executive branch of government. And the enforcement of integrity for the legislative branch must not just be Federal Prosecution. While, as I have clearly said above, in comparison to the virtually non-existent oversight of the Legislative branch, ethics oversight of the Executive branch must be graded as remarkably effective. But that is a comparison New York should not accept. Starting with meaningful disclosure and conflict of interest rules, and closing with independent oversight, New York State needs a complete reform of Legislative ethics oversight. YOU ARE RIGHT ABOUT THAT OVERHAUL STARTING WITH THE PUBLIC INTEGRITY COMMISSION. MR. CUOMO FULFILL YOUR CAMPAIGN PLEDGE AND START CLEANING UP ALBANY BY GETTING RID OF THE COCKROACHS AT PIC

Michael Cherkasky

1:05 Cherkasky has learned from Custer’s mistake and announces that their will be no questions from the public gets back on his horse tucks his tail between his legs and high tails it back to the second floor for his cake all staff is directed to attend and pledge loyalty to Barry

TWO PIC LETTERS IN THE SAME DAY – THE GIFTS JUST KEEP ON COMING

Let’s take the small present first. It was a Special Counsel Ralph letter in response to my “you’ll shoot your eye out advice” in the previous blog. Well it looks like the special counsel blinked, saving his eye, and preventing me from having a little holiday cheer. According to Ralph there will be no subpoena and no more threats. There can be no doubt anymore that you do not have to show the auditors your payroll records. Who says you can’t teach an old dog a new trick LOL.

The second present looked huge from its wrapping. It came as certified mail, which means whoever sent it wanted to make sure I couldn’t say I never got it. By the way save your certified mail fees it’s time to do more with less according to your ex-chair, and I post your letters on my blog usually the same day I receive them, they are that funny. With my fingers twitching I unwrapped the present hoping it wouldn’t be that bunny suit from “A Christmas Story” and it wasn’t. This one was good, no it was great. A Barry letter purporting to be a 15 day letter to one of my clients regarding a registration amendment (see “Press print and get new clients”). Well Barry it’s now on like Donkey Kong. You will not be getting a response to the 15 day letter but we will be demanding a public hearing (and I’m not like Dopp or the Gov I will be there with bells on and drawing as much media attention as possible so pack your lunch and get ready for a good old fashioned ass whupping) right after I complete all the discovery that my client is entitled to. And trust me Barry I’ve been waiting for you to step in it for the last 6 months I just never thought you would be dumb enough to do it with a new governor taking office and everyone watching to see what he will be doing to clean up Albany.

I will do my part to show him how truly useless the PIC is. The sooner Mr. Cuomo rids Albany of the cockroaches at PIC the better.

I hope for your sake Barry you cleared this 15 day letter with more than just the ex-chair because it is going to have a meaningful effect on the entire commission.

Thank you again for making this the best Christmas and Hanukkah ever.

Check your calendar so that we can schedule that hearing. I’m good . . . anytime.