monkeeys

monkeeys

Tuesday, September 25, 2012

MAN IN THE BOAT



 

Ethics Alert

 

A New York State Official made the following comments in a work environment yesterday.

 

After noting that he was disturbed about reports  in the Times Union related to his prowess at an activity that he clearly puts a lot of effort into.

 

And further noting that the reports regarding the manifestation of his efforts were grossly inaccurate and undervalued.

 

He said as follows regarding his trophy.

 

It was “a long eight inches”

 

And

 

It was “eight inches but it looked bigger”

 

Is Vito Lopez on the loose again?

 

Will Susan Lerner file a complaint with JJOKE?

 

Will JJOKE hold an emergency meeting to announce a substantial basis investigation under Public Officers Law because a public officer has failed toendeavor to pursue a course of conduct which will not raise suspicion among the public that he is likely to be engaged in acts that are in violation of his trust.”?

 

But wait it gets worse this same Official reinforced his remarks by holding his hands a good foot apart in a universally understood code for a very well endowed . . . fish.

 

Yes I am referring to Governor Cuomo’s remarks at yesterday’s news conference.   You can view it here http://blog.timesunion.com/capitol/archives/157627/video-why-must-we-disparage-the-governors-catch/ at the 24 minute mark and judge for yourself whether the governor was referencing a brook trout or a trouser trout?

 

One must wonder if any aides on “the governor’s staff” helped the governor “bait his hook” or “hold his pole”.  Will fishing guide be a new “position to hold under “ the governor while he pursues his official duties?

 

Now don’t get me wrong I like and use a fair number of double entendres myself on a regular basis and in general have the maturity of a 13 year old so when I heard the news conference I chuckled and actually admired the ability and skill of the governor to “slip in” a double entendre in a news conference.

 

But the thought of the cold fish at JJOKE being able to use their power to “land” any other public official that suits their fancy makes for “significant shrinkage” in the old fishing hole.

 

If New York wants ethics to not only “be all it can be” but also “all it should be”, we need to put the governors attack dog to sleep and go find a real watchdog.

 

And as an aside governor if it was really eight inches you don’t complain about how others perceived it you take a picture of it and post it on facebook  . . .oops  bad advice you don’t want to be the next Wiener

 

UPDATE  I’ve clarified with Times Union editor Casey Seiler who witnessed the news conference first hand that the Governor was not intending to sexually harass anyone at the news conference and that “sometimes a fish is just a fish”.

 

Tuesday, September 18, 2012

Calling All Cars Calling All Cars


 

Car 54 where are you?

 

Now I may be dating myself (does anyone else remember the classic cop show Car 54?)  But we’ve reached the point in gropergate that the call to all those with a vested interest in ethics in New York needs to go out.

 

Recent columns in the Times Union by Fred Lebrun and Casey Seiler have for all intents and purpose put out  the call that something very similar to the old troopergate phenomenon is occurring.
 
We need to investigate the investigators.
 
On the road to that investigation three things are going to happen.

 
One:  At the end of the day the various investigations into gropergate will conclude that Vito Lopez is a pig, duh.

 

Two:  the various investigations will conclude that the settlement was legal, proper and ethical if poorly handled by all involved, duh.

 

And Three:  the public will conclude that JJOKE is far from an independent watchdog, but rather an attack dog following its masters commands duh.

 

Now DA Donovan and JJOKE can handle issues one and two but who can do the thorough,  complete and wide ranging investigation that is needed to get to the bottom of issue three?

 

Let’s start by discussing who can’t do it.

 

Unfortunately the statute gives jurisdiction to investigate the divulging of confidential JCOPE information to the Office of the Inspector General.

 

Now I know Dick Dadey and the goo goos have said that they (and Jeremy Creelan) couldn’t think of anyone better but with all due respect (if you say that you can follow it with whatever you want) that’s complete horseshit.

 

They set it up for the Inspector General because the IG works for the Governor, duh.

 

Everything wrong about gropergate so far can be traced back to the simple fact that the governor has far too much control over JJOKE both in statute, in reality and most importantly in perception.

 

In this case the problem is made crystal clear in Mr. Lebrun’s column and in Ravi Batra’s rambling prose.

 

The IG CANNOT investigate leaks at JJOKE that may involve former members of the IG (Biben et al) and the current governors staff that the IG reports to (even the Spitzer minions realized that in troopergate).

 

But someone needs to investigate.  The statute should have been drafted for the AG to investigate leaks from JJOKE (didn’t the AG during troopergate do a good job?) but it wasn’t and because gropergate involves the AG he needs to stay out of this one.

 

And that brings me back to where I started, calling all cars.

 

I think we need to hear from the good government groups about what they think.  Curiously after filing complaints in gropergate not a peep.  I wonder if anyone suggested they file those complaints hmmm maybe that’s why they are so quiet.

 

I think we need to hear from the governor, he was pretty adamant about  JJOKE investigating what happened  in gropergate why stop now?
 
 
I think we need to hear from ex governor David Patterson.  He said he has a lot of experience with ethics agencies leaking.  Of course he has a lot of experience with fibbing too so after a second thought no need to hear from Patterson.

 

I think we need to hear from the JJOKE commissioners past and present.  Marvin Jacobs started the ball rolling at the last meeting, don’t stop Marvin keep it rolling demand an internal investigation of the leaks.  Even John Feerick did that in troopergate he made every PIC employee sign an affidavit that they did not divulge confidential information, everyone but his executive director who it turns out had a good reason for not signing his since he was the leaker.

 

I think we need to hear from Ellen Biben.  An honest statement that she has not discussed this investigation with anyone outside JJOKE would go a long way to putting this matter to rest . . . if you believe her.

 

I think we need to hear from Albany County DA David Soares that he will not ignore his jurisdiction over JJOKE leaks.  You did a good job in troopergate, , , eventually.   Mr. Soares this is not a difficult investigation.  Get Biben's emails, text messages and put her under oath let’s see what the facts are.

 

And I think we need to hear from the Inspector General or the acting Inspector General or someone in that office.  Tell us why you can investigate JJOKE and that we can trust you to do it independently.

 

I guess all I can do is keep transmitting a distress signal “calling all cars”

 



Thursday, September 13, 2012

Ex Governor Patterson and storytelling

I just got done listening to Ex Governor Patterson interview Casey Seiler of the Albany Times Union, and heard a truly startling admission, accusation and/or fabrication from the ex gov regarding Inspector General Joe Fisch, the disgraced ex executive director of the old Public Integrity Commission Herb Teitelbaum, the disgraced ex chairman of the Public Integrity Commission John Feerick and indictments.

You can listen here http://wor710.com/topic/play_window.php?audioType=Episode&audioId=6031019 at the five minute mark.

Patterson claims Joe Fisch wanted to indict Herb Teitelbaum and two other PIC members for their role in troopergate but that Patterson talked him out of it in return for the entire PIC board resigning.

And while I certainly think that should have happened the IG doesn't have the power to indict and the governor when given the opportunity in 2010 to sign legislation that would have eliminated PIC and those members he had asked to resign vetoed it instead.

Combine those facts with Patterson's well deserved reputation for being willing to tell a white lie or two and you end up with a good story but not much else.

But it's not too late maybe JJOKE can listen to the interview and hold an emergency meeting to revisit the old PIC crimes and vote for a substantial basis investigation.

Oh wait I forgot JJOKE doesn't answer to that governor's pronouncements.



Tuesday, September 11, 2012

JOKE calls emergency meeting

Another day another emergency JJOKE meeting.

A source deep inside government has leaked to the APOCALYPSE that  an emergency meeting will be held shortly to vote to begin a substantial basis investigation into recent statements in the New York Times attributed to JJOKE commissioner Marvin Jacobs that "the governor’s warning that he might investigate on his own. . . .was “coercive and threatening,” ".

Ellen Biben, the JJOKE Executive Director, is expected to present compelling evidence collected by good government advocates Susan Lerner and Dick Dadey that Mr. Jacob's statement when combined with a recent press release attributed to the governor's office amount to a potential violation of the Public Officers Law.

In related news the Inspector General has begun an investigation to determine who from JJOKE leaked recent stories to the New York Post and the New York Times

Now if you believed the last three paragraphs could possibly be true than there is hope that JCOPE can restore the public's faith in integrity . . if you don't then it is time to get rid of the existing staff at JJOKE and start over.

Monday, September 10, 2012

JJOKE votes unanimously to investigate . . . .



JJOKE has announced that they voted unanimously to authorize a substantial basis investigation.  Into who or what? we have no clue.

WOW that really restored the publics confidence in JJOKE.

Now because I am a competitive newsperson I want to report first on what JJOKE voted unanimously to investigate.

So in no particular order here you go based on prior leaks (we have to wait for tomorrow's news stories for the latest leaks) and good old fashioned investigative reporting

JJOKE is investigating . . . VITO LOPEZ

JJOKE is investigating . . . SHIRLY HUNTLEY

JJOKE is investigating . . . SHELDON SILVER

JJOKE is investigating . . . TOM DINAPOLI

JJOKE is investigating . . . TOM LIBOUS

JJOKE is investigating . . . THE ASSEMBLY

JJOKE is investigating . . . THE COMPTROLERS OFFICE

JJOKE is investigating . . . NAOMI RIVERA

JJOKE is investigating . . . ELLIOT SPITZER (for the use of the state plane to hook up with the whore)

JJOKE is investigating . . . JOE BRUNO (why not all those old legislative ethics cases are now fair game)

JJOKE is investigating . . . DARREN DOPP (once a punching bag always a punching bag)

JJOKE is investigating . . . HIRAM MONTSERRATE (if they can do sex abuse they can do domestic violance)

JJOKE is investigating . . . PEDRO ESPADA (this one is easy)

JJOKE is investigating . . . RAVI BATRA (you have to blame someone for the leaks and you can always blame the dead)

JJOKE is investigating . . . ME (not yet but I'm sure Biben would love to)

Lets see tomorrow which one gets leaked.

And in related news - JJOKE has announced that the narrow legal issue (Marvin Jacob's description) or complex legal issue (Mitra Hormozi's description) from the last meeting is actually just a "generic" issue.

JJOKE starting to look like the Godfather saga





I’m going to blame some of the people in this room

 

Was it only me or was Marvin Jacob channeling Vito Corleone during the latest JJOKE meeting.

 

For those of you who did not see it Marvin interrupted the Chairwomen as she attempted to request a motion to move into executive session as JJOKE usually does and made a motion of his own . . . to do as I suggested several postings ago and hold the JJOKE session in public.  (it’s nice to know someone at JJOKE reads the blog and yes Marvin when you take my advice I praise you in the blog)

 

After some legal twists and turns the Governor’s appointees with some republican help voted down Marvin’s inspired motion and instead agreed to release the results of any vote held in executive session.

 

I can’t wait does that mean JJOKE is going to release ALL of its prior secret votes? Or only those that the majority want to?

 

There is a fascinating dynamic evolving at JJOKE it seems to me that Biben has lost control over a significant block of support.

 

When you combine what was said in today’s public session with what Ravi disclosed it seems clear to me that what is going on is a dispute about what staff has done prior to commission approval of a substantial basis investigation vote.

 

If I had to guess I’d say the issue boils down to Biben sending litigation hold letters (as disclosed by the NY Post) to the Assembly the AG and the Comptroller without a commission vote.  And at the last meeting she got serious pushback on a request to move ahead with an investigation of the Assembly.  But that’s purely a guess.

 

After JJOKE releases its vote we should be able to put some more pieces together.

 

And in case you are not familiar with Vito Corleone in the original Godfather Vito meets with the other mob bosses around an ornate conference table and tells them that he can forgive people for the death of his eldest son Santino but if anything happens to his son Michael he is going to hold some of the people in the room responsible and that he will not forgive.

 

All I could think about watching Marvin was that while he is unhappy about the leaks at JJOKE if it happens again he is going to hold people at JJOKE responsible and that he will not forgive.

 

All that is missing is a dead fish.



Friday, September 7, 2012

WHAT CAN I SAY OTHER THAN I TOLD YOU SO

Is there any doubt that JJOKE needs to be replaced?

Just add Biben and DiFiore to the junk heap of digraced former ethics enforcers and move on and try again

A tweak here and a tweak there add some self serving BS from the goo goos about ethics reform unamimously pass legislation creating a new version of JJOKE hold a big press conference announce a national search for the "right" people and then declare a new day for ethics in Albany.

I'll rewrite the same blogs I've been writing for three years and we can all be shocked when it happens again.

ITS THE PEOPLE STUPID.

Wednesday, September 5, 2012

JJOKE violates its own confidentialty rules

Accusations fly in latest JCOPE leak to the New York Post

Subpoenas should soon be flying in the probe of who leaked the fact that JCOPE voted to investigate Vito Lopez to the Post.

Someone associated closely with the State Joint Commission on Public Ethics leaked information on the fact that they had voted to open a formal investigation into alleged sexual harassment by the Brooklyn assemblyman — a step needed for the Post to report that the panel planned to send out subpoenas, The Apocalypse has learned.

Investigations are considered confidential and JCOPE isn’t even permitted to confirm publicly that a probe is under way the Post reported as part of its story based on the very same leaked information it reported as confidential.

The JCOPE leak of confidential information — which required someone with actual knowledge of the secret vote to provide it to a party outside the commission — occurred immediately after a special video conference of the commission, according to a source.

One JCOPE commissioner when informed of the leaking of confidential information stated that it was “disgusting”.

Other commissioners wondered if it would trigger a criminal probe by Albany County District Attorney David Soares.

This is not the first time that the New York Post has been the recipient of a leak from JCOPE regarding its investigations. As a result the New York Post is seen by many in Albany as receiving a head start in what has become known in media circles as “the race to the bottom” of Albany ethics scandals.

Many Albany insiders are questioning if certain JCOPE staffers and/or commissioners have themselves violated the Public Officers Law by leaking confidential information.

The good government groups who seemed to respond quickly to the Lopez scandal by filing a complaint with JCOPE have remained conspicuously silent regarding JCOPE’s own scandalous actions.

And that ladies and gentleman is how you play the media scandal game NY Post style. 

NOW DIDNT THAT FEEL GOOD?



So the mighty JJOKE met to . . . well we don’t know why they met do we?

 

But an educated guess was that they met in response to the governor’s musing that an investigation of the Lopez gropergate scandal and related issues would be appropriate.

 

So after a 2 hour private meeting they . . . well we don’t know what they did do we?

 

But an educated guess was that they couldn’t agree on what to do.

 

You have to understand that there are three issues that are coming together to provide a perfect storm of ethics paralysis.

 

Issue 1 - JJOKE’s jurisdiction over sexual harassment or sexual abuse in the legislature or anywhere else is at best questionable.  Sure you can allege as the goo goo’s did that sexual harassment violates section 74 (h) the infamous catchall that says don’t engage in acts that violate your public trust BUT there is no punishment for a violation of that section and there is no history of NY’s ethics agencies investigating sexual harassment claims using this jurisdiction.  As a result you provide those members of the commission who do not want to get involved with several legitimate arguments to make in that secret meeting for why they are voting against authorizing an investigation by JJOKE . . . but of course the public doesn’t get to hear those arguments.

 

Issue 2 – JJOKE’s competency to handle a sexual harassment or sexual abuse investigation is at best questionable.  They simply do not have the personnel trained or experienced to handle these types of investigations and there is a very good reason why that is so.  JJOKE doesn’t do and isn’t supposed to do sexual harassment or sexual abuse cases (see issue 1).  In addition I’ve come to the conclusion that Biben et al don’t have the chops to persuade, all they can do is chant the company line and execute someone else’s strategy and directions.  As a result you provide those members of the commission, who do not want to get involved, an easy debate in that secret meeting for why they are voting against authorizing an investigation by JJOKE and Biben et al are not able to persuade thru logic a different outcome . . . but of course the public doesn’t get to see that debate.

 

Issue 3 – JJOKE’s secrecy results in an unfulfilling climax to a media cluster f*ck.  JJOKE had the perfect opportunity to capture the news cycle.  Everyone was there with cameras and microphones and notebooks at the ready and . . . nothing.  Had anyone at JJOKE really wanted to make ethics sing and dance all they needed to do yesterday in the public portion of the meeting was make a motion to do this whole Kabuki dance in public, get a second for the motion and we would have been off to the races.  Even a public vote for secrecy would have advanced the ethics debate and had the motion carried the Albany media would have had enough to write about over the next several weeks to make troopergate pale in comparison.  Just watching JJOKE handle issues 1 and 2 in public would have been must see ethics and it would have prevented all those reporters from calling me to see what I had heard because they had nothing else to do.  But noooooo once again JJOKE missed the mark and we are all left wanting something more.

 

When it comes to JJOKE wanting something more is the rule not the exception.

 

I’ve said it a thousand times it’s the people . . stupid.



And since the Times Union was kind enough to link to the blog I've reproduced the most recent story below since it is directly related to JJOKE

Accusations fly in latest JCOPE leak to the New York Post

Subpoenas should soon be flying in the probe of who leaked the fact that JCOPE voted to investigate Vito Lopez to the Post.

Someone associated closely with the State Joint Commission on Public Ethics leaked information on the fact that they had voted to open a formal investigation into alleged sexual harassment by the Brooklyn assemblyman — a step needed for the Post to report that the panel planned to send out subpoenas, The Apocalypse has learned.

Investigations are considered confidential and JCOPE isn’t even permitted to confirm publicly that a probe is under way the Post reported as part of its story based on the very same leaked information it reported as confidential.

The JCOPE leak of confidential information — which required someone with actual knowledge of the secret vote to provide it to a party outside the commission — occurred immediately after a special video conference of the commission, according to a source.

One JCOPE commissioner when informed of the leaking of confidential information stated that it was “disgusting”.

Other commissioners wondered if it would trigger a criminal probe by Albany County District Attorney David Soares.

This is not the first time that the New York Post has been the recipient of a leak from JCOPE regarding its investigations. As a result the New York Post is seen by many in Albany as receiving a head start in what has become known in media circles as “the race to the bottom” of Albany ethics scandals.

Many Albany insiders are questioning if certain JCOPE staffers and/or commissioners have themselves violated the Public Officers Law by leaking confidential information.

The good government groups who seemed to respond quickly to the Lopez scandal by filing a complaint with JCOPE have remained conspicuously silent regarding JCOPE’s own scandalous actions.

And that ladies and gentleman is how you play the media scandal game NY Post style.