tag:blogger.com,1999:blog-80127247752501382642024-03-18T05:43:22.655-04:00DGAcan you tell the difference between Rob Cohen and Cosmo Kramer?David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.comBlogger574125tag:blogger.com,1999:blog-8012724775250138264.post-92187035291889828192019-10-29T14:42:00.001-04:002019-10-29T14:42:23.796-04:00Gary Lavine . . . just following orders sir Yes sir may I have anotherGary Lavine can you spell hypocrite without the letters P E R C O C C O?<br />
<br />
Nice speach but all you are doing is bringing more attention to the fact that JJOKE and it's commissioners are a bunch of puffed up, arrogant, incompetant, boot licking minions.<br />
<br />
I'm no fan of DiBlasio but really is JJOKE the right organization to talk about integrity and ethics?<br />
<br />
And by the way making a donation to a charity is NOT a gift under the statute no matter how often the self proclaimed guardians of ethics bully people into settling your bs gift cases. But we can let a court sort that one out as well.<br />
<br />
I have a sneaky feeling folks aren't going to roll over and stick their bum in the air for JJOKE to violate them anymore, at least not the ones that come to me for guidance and advice.<br />
<br />
As the Cuomo folks have told you it's time to focus on more important matters . . . like how to write a good resignation letter.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com2tag:blogger.com,1999:blog-8012724775250138264.post-77742268275568829902019-10-25T13:18:00.001-04:002019-10-28T13:20:17.626-04:00Who to blame for JCOPE?It's been over 6 months since I last blogged.<br />
<br />
The growth of the business has kept me busy along with numerous friends family clients and coworkers imploring me not to blog As they have said "why make yourself a target things are going great"<br />
<br />
And on the few occasions when I have felt the need to vent I've scratched the itch by feeding my addiction for cars (more on that later) or by starting a new division of the consulting practice called DGA media (more on that later as well).<br />
<br />
But this morning my wife was visiting our daughter, my coworkers were away one at a Bills game the other one in Canada doing god knows what. None of my friends or clients were there to tell me not to blog soooooooo.<br />
<br />
When I woke up to all the media about my probono client Kat Sullivan and JJOKE There was no one to stop me. For the record Kat does her own media and she is far better at it than I ever could be. But one thing caught my eye, JJOKE Chairman and thin skinned apologist for victim compensation funds the world over Michael Rozen's letter to Assemblymembers Lavine and Rosenthal. A letter signed by every JJOKE commissioner. This letter was in response to the Assemblymembers request that JJOKE get their head out of their collective asses and leave Kat alone. In Rozen's letter he chastises the legislature for failing to provide JJOKE legislation that would let him more fully explain their position re Kat. Putting aside the tone he employed he fails to explain why JJOKE doesn't just vote to give him the authority to publicly disclose what JJOKE is up to. Shady at best corrupt and dismissive in reality. <br />
<br />
But more importantly he goes on in an attempt to justify JJOKE's position on grassroots lobbying. His recitation of the case law is inaccurate but lawyers have been known to do that and Kat's lawsuit will give the legislature a much clearer and more definitive answer as to the state of the law when it comes to grassroots lobbying.<br />
<br />
What I found particularly troubling and disturbing was the following statement that all the commissioner's signed on to:<br />
<br />
"Most recently, grassroots lobbying was included as part of the Commission's lobbying regulations after more than two years of public comment and open hearings . See 19 N.Y.C.R.R. Part 937.7 (the only challenge to the Commission's new regulations was voluntarily withdrawn with prejudice . . )"<br />
<br />
Beyond the fact that the geniuses at JJOKE inaccurately cite the correct regulation for grassroots lobbying, its 943.7 not 937.7, there is no 937.7, NYCRR 937 refers to access to records, but stupidity and sloppy legal work is par for the course for this bunch of incompetents. What Rozen and the rest of the commissioners fail to point out was that the challenge was withdrawn after JCOPE agreed to a settlement that stated:<br />
<br />
"Accordingly, while noncompliance with Part 943 does not support an independent cause of action . . ."<br />
<br />
Get it guys YOU CAN"T USE YOUR REGULATIONS. Why would Rozen and the rest of the JJOKE commissioners lie to the Assemblymembers? Why? Because they are corrupt and unfit for office.<br />
<br />
Your ethics commissioners can't be honest with the public or the legislature. It doesn't suit there purpose.<br />
<br />
I'd make a formal complaint that the entire commission has violated the Public Officers Law section 74 but who do I make it to?<br />
<br />
So who are these holy men and women that are entrusted with ethics in New York?<br />
<br />
Lets take a closer look at who is responsible for the state of affairs at JJOKE.<br />
<br />
<strong>Michael Rozen</strong> appointed by Governor Cuomo. Rozen made millions representing victim compensation funds including Penn State. His partner represents the Roman Catholic Church's victim fund in New York. His financial disclosure report fails to list who the clients are that are paying him millions. I wonder why? Yet he has not recused in Kats case. Is it possible the Child Victims Act cost him lucrative fees? He also called me "grandstanding Grandeau" on a hot mic at the last meeting. I've been called worse but this guy is a classic telephone tough guy when he's in an undisclosed location on a television. Show up in Albany for a meeting Mike I'd love to meet you in person. In summary possible conflicts and corrupt motives lying to legislators and he's a thinskinned gutless telephone tough guy. Great choice for the Chairman of JJOKE.<br />
<br />
<strong>Rob Cohen</strong> appointed by Cuomo. I actually have personal experience with Rob. He used to be a staff member at JJOKE. The first time I saw him he walked into a closet thinking it was the bathroom. He is also purported to be the staffer that placed a book on the mute button during an executive session when DiFiore was Charman giving all of us an unfiltered private version of our Chief Judge. Priceless JJOKE clown move. When Rob was appointed I was sure it was a joke but I guess he has friends in high places. His law firm also advertises that "Taylor and Cohen LLP provides counsel and representation to individuals seeking to navigate this complicated area of the law or who are under investigation for possible ethics violations" along with "Rob Cohen was a member of the leadership team that established New York State’s Joint Commission on Public Ethics" LOL I'm sure that will be news to the governor and his staff. It's also a little unseemly to commercially trade on your service on JJOKE don't you think? With all his JJOKE experience you would think Rob could have at least cited the correct regulation before he lied about it. A classic JJOKE underachiever.<br />
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<strong>Daniel Horwitz</strong> appointed by Cuomo. This is Dan's second time on JJOKE. He started as a commissioner and hatchet man whispering in DiFiore's ear then became Chairmen when Difiore got tired of getting parking tickets and became Chief Judge. He was a much better hatchet man and horse whisperer than he was a Chairman so after ummming his way as Chairman and getting his wife a big job with Battery Park City he left and got appointed to the Port Authority. He must really be off his game to let Rozen drag JJOKE into the Kat disaster.<br />
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<strong>Marvin Jacob</strong> appointed by Silver and then Heastie. Marvin used to be someone with legal skill and integrity. I'm wondering if he's gotten to the point where he no longer cares or just doesn't pay attention to what JJOKE staff and Rozen are doing. Anyway I hate to say it Marvin but if you are appointed to an ethics agency by someone who is then convicted of corruption the polite thing to do is resign and move on. It's unseemly for you to be on an ethics agency even more so to be a signatory to a letter that lies to the legislature.<br />
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<strong>Gary Lavine</strong> appointed by Cuomo and then by Flannagan. Like Horowitz a two time commissioner. Who knows what went on for Gary to be bounced by Cuomo and then appointed by Flannagan. I heard it had something to do with a DA's race in Syracuse. I've known Gary a long time and I'm disappointed that I so misread his intentions. He once told me when I asked why he was still on JCOPE that it takes time to change things from inside. All I can say Gary is to quote the great American novel Lonesome Dove as Gus tells Jake Spoon "a man that will go along with all this is taking his leave a little slow . . . You know how it is you ride with an outlaw you hang with an outlaw". Not only do you speak slowly Gary you are changing JJOKE at the pace of a glacier.<br />
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<strong>David McNamara</strong> appointed by Flannagan. I don't know Mr. McNamara but his law firm Phillips Lytle is the client of a registered lobbyist and as such subject to JJOKE oversight. Seems like a conflict to me. In addition much like Rob Cohen the Phillips Lytle website advertises that <br />
"Our experience includes matters involving:<br />
<br />
<ul>
<li>Lobbying Act violations"</li>
</ul>
Probably not an example of the kind of ethics we would want from an ethics commissioner.<br />
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<strong>George Weissman</strong> appointed by Skelos and then Flannigan. Like Marvin Jacobs one of the OG at the JOKE. And like Marvin his connection to an appointing authority now serving time is a constant reminder of the ethical failure in New York State. Why are you still here George? We don't hold the appointees responsible for the sins of the appointing authority, but maybe we ought to start.<br />
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<strong>Jim Yates </strong>appointed by Heastie. Where do I start with Jim? If you know who he is you don't need me to tell you why he is wrong to be on an ethics agency. Remember he was Shelly Silver's counsel in the Assembly. Maybe Shelly can tell us why Jim belongs on JJOKE.<br />
<br />
Quite a rogues gallery and that is who is responsible for enforcing New Yorks Ethics laws.<br />
<br />
Now I have a solution.<br />
<br />
As I said at the top I've avoided blogging by feeding my car addiction. I've run out of garage space at the office (and I have nine spots) the most recent addition is a 2019 Cadillac CT6-V, 550 hp hand built twin turbo v8. They only made 275 of them I believe this is the only one in New York. It's a beast and since I know you love cars, governor, why don't you give me a call I'll bring it down to the mansion you can take it for a spin and I'll tell you how to fix JCOPE. You can do it with the stroke of your pen and then be able to build something better next session with the help of the legislature. The same legislature Rozen and JJOKE is demeaning and lying to. If nothing else I guarantee you will love driving the V.<br />
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As to the other thing thats kept me busy I'll give you all a sneak peek.<br />
<br />
I've started a new service called DGA Media. We videotape and produce digital content for social media by recording lobby activity. Either in the form of Lobby Days, protests, rallies widely attended events, charitable events, and grassroots activity. With what JJOKE is up to you can never have enough video evidence of what you did or did not do and as a bonus you get content for your own use in promotion or advocacy. Give me a call if you are worried about JJOKE or have an event coming up. It's cost effective and a sound piece of your compliance program. And for those that don't call don't worry next session we will be in Albany taping what goes on at the capitol. You never know who may be involved in unregistered or illegal activity.<br />
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And it keeps me busy enough that I don't blog.<br />
<br />
<br />
<br />David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com1tag:blogger.com,1999:blog-8012724775250138264.post-86847967263349867012019-03-04T09:39:00.000-05:002019-03-04T09:39:14.069-05:00Why does Seth Agata still have a job?I have tried very hard to behave and not blog about JCOPE. My thinking being no one cares how incompetant, corrupt and/or foolish JJOKE is so why bother.<br />
<br />
I know we will read the same old editorials that get written every couple of years about how we need "ethics reform" and the good government groups will blather on about what needs to change in the law but they always miss the point that its the people you need to change.<br />
<br />
Now even when they change the people we end up with the same old tired clowns that we had before (see Dan Horowitz and Gary Levine).<br />
<br />
I've tried to avoid writing this blog for over two months, business has been great and JJOKE has been embarrising themselves without my help (did you see the sexual harassment hearing or read about the Percoco vote?) but someone needs to say it loud and clear<br />
<br />
<strong><span style="font-size: x-large;">SETH AGATA MUST BE FIRED</span></strong><br />
<strong><span style="font-size: x-large;"></span></strong><br />
I could list all the things he has done to deserve being fired (just read past blogs or my ethics complaint they ignored - speaking of which will Latitzia Tagliafiero ever act on the complaint I discussed with her about Agata now that she is the Inspector General?) but all you need to know is it is March 4, four days after those of us in the compliance world should have begun filing bimonthly reports, and we can't. The JJOKE $2million lobby application doesn't allow for bimonthly filings and when you call JCOPE to ask about it you are directed to the bimonthly department where you get a recorded message that they are not available, when you call back you are directed to the help desk where you get a recorded message that they are not available. Try asking Seth Agata why and all you will get is his Al Franken impersonation.<br />
<br />
No excuse for this. <br />
<br />
None at allDavid Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com36tag:blogger.com,1999:blog-8012724775250138264.post-15369025591047392372018-12-21T11:18:00.000-05:002018-12-21T11:18:31.141-05:00FORCE AND EFFECT OF LAWIt seems Seth Agata is having some difficulty understanding what the term "force and effect of law" means. Espescially as it applies to the illegal JJOKE lobby regulations.<br />
<br />
He is quoted in Chris Bragg's story <a href="https://www.timesunion.com/news/article/JCOPE-s-new-regs-constrained-by-settlement-13478865.php">https://www.timesunion.com/news/article/JCOPE-s-new-regs-constrained-by-settlement-13478865.php</a> as saying <em>"Those who violate the regulations will face thousands of dollars in fines under the Lobbying Act"</em><br />
<em></em><br />
Which is quite a bit different than what he said in this story <a href="https://www.timesunion.com/news/article/JCOPE-chair-Lobbying-regulations-will-carry-12389588.php">https://www.timesunion.com/news/article/JCOPE-chair-Lobbying-regulations-will-carry-12389588.php</a> "<em>would not create a separate actionable violation of the law," and were meant to "maximize guidance"</em><br />
<br />
Hmmm that sounds a lot like the language we used in the settlement. Duh Seth I was trying to do you a favor by using that language so that you could say you were right a year ago when your Chairman Mike Rozen was quoted as bitch slapping you by saying <em>"there is some confusion about the status of the commission's lobbying regulations which currently are under consideration. I want to be very clear: The commission is in the middle of a rule-making to develop and adopt regulations, <strong>which will have the force and effect of law."</strong></em><br />
<em></em><br />
in response to your "<em>would not create a separate actionable violation of the law," and were meant to "maximize guidance"</em><br />
<em></em><br />
Maybe we should let New York's Attorney General have the last word. According to the Times Union <span style="font-size: x-large;"><strong><em> "<u>Attorney General Barbara Underwood's office, which was representing JCOPE, agreed that the new regulations will not in and of themselves have the force and effect of law"</u></em></strong></span><br />
<strong><em><u><span style="font-size: x-large;"></span></u></em></strong><br />
Seems pretty clear Agata was right before Rozen was wrong before Agata was wrong.<br />
<br />
Of course I was right from the very beginning.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com12tag:blogger.com,1999:blog-8012724775250138264.post-16033941611755462712018-12-16T11:25:00.002-05:002018-12-16T11:45:07.739-05:00I've had an epiphany about Seth Agata and my own moralityI know I've said it before but I'm done blogging about JJOKE and Seth Agata.<br />
<br />
I had an epiphany.<br />
<br />
Tomorrow JJOKE is scheduled to show the world it's $1.5 million lobby application. And ordinarily I'd be blogging all day about the pros cons glitches and outright disasters. But I've decided to save that for my paying clients.<br />
<br />
I will tell you the forms that JJOKE released over the weekend that lobbyists are required to use as part of the registrations do have pros, cons and just made my Article 78 easier for the Judge to decide, but you will have to read the court papers to know why.<br />
<br />
I can tell you that most lobbying firms are going to have to scramble if they want to abide by the forms or if I lose the Article 78. <br />
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Now of course I have figured out a work around (loophole for those at JJOKE that think I am lucifer himself) but again I will only share it with my clients. the rest of you can figure it out for yourself.<br />
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But why am I blogging on a Sunday morning? Thats right the epiphany.<br />
<br />
I have plenty of reasons to hate Seth Agata. Very few people in this town know the real reason but Seth does. He went over the line. I am as ruthless and coldblooded as they come but even I wouldn't do what he did. And that is the epiphany.<br />
<br />
I had figured out how to go one worse than what Seth did and I was all set to do it and I realized I couldn't handle the bad karma that went with it so believe it or not. . . <br />
<br />
Seth I'm done caring about getting even with you.<br />
<br />
WOW that feels good.<br />
<br />
Whatever happens with the lawsuit and the regulations happens and I'll move on win lose or draw.<br />
<br />
Whatever happens to Seth, my complaint and his employment happens and I've moved on good bad or ugly<br />
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Now of course if Seth or JJOKE try to hurt me or my clients all bets are off and that I do not forgive but that aside I will not be the one to break the peace (Godfather reference).<br />
<br />
And for those of you that are always goading me to blog so they can get a vicarious thrill, I say help me be a better person and don't mention the blog again.<br />
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I do plan on starting a new online novel after this filing period with some old characters returning, "Leathers" and some new ones appearing "Patty Junkins" and "Maria Johnson-Neighbors-Nephew-Wallace" come immediately to mind, so stay tuned.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com4tag:blogger.com,1999:blog-8012724775250138264.post-32841987875809300102018-12-14T16:55:00.001-05:002018-12-16T11:03:45.760-05:00A busy weekend ahead for JJOKEAfter spending over $1.5 million to replace the old lobby application (who got that no bid contract?) and developing it for over 3 years (what was wrong with the old system?) JJOKE has yet to display it to the regulated community or even their own staff.<br />
<br />
Why?<br />
<br />
Because it isn't ready<br />
<br />
Like the high schooler who has procrastinated on writing that term paper time is up. It's due Monday at noon. They have committed to the AG's office that it will be ready and live at noon on Monday.<br />
<br />
You would think that after 3 years and $1.5 million it would be perfect and good to go. You know like a new bridge scheduled to have a grand opening as long as the old one next door doesn't fall on it. But nooooo JJOKE says they will be working on it all weekend to have it finished for Monday at noon.<br />
<br />
Not to increase their workload this weekend but they may want to fix the fact that anyone and I mean anyone can make anyone else a delegated administrator for a verified entity, even without the new delegated administrators permission or knowledge.<br />
<br />
Seems like a pretty large security breach especially since you can claim, capture and verify anyones profile without their permission.<br />
<br />
For example using the new illegal JJOKE regulations I have created and verified a coalition called the "Coalition to fire Agata" I am the coalition leader and as such could name anyone a delegated administrator ANYONE<br />
<br />
I know this because that is exactly what one of my clients cliens did to me.<br />
<br />
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JJOKE may want to fix that glitch this weekend No Charge Seth you have enough problems with spending $1.5 million on something you didn't need that may not work</div>
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David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com10tag:blogger.com,1999:blog-8012724775250138264.post-13461365339550044292018-12-13T19:25:00.002-05:002018-12-13T19:25:47.392-05:00Would you like to know when the new lobby application will be "live"?Lots of people would like to know the answer to the question <br />
<br />
Would you like to know when the new lobby application will be "live"?<br />
<br />
The regulated community would like to know - after all they are responsible for getting their filings done in a timely and accurate manner.<br />
<br />
The media would like to know - JJOKE allegedly spent three years and $1.5 million of taxpayer money to build it so it's kind of important to see if it was worth the time and effort.<br />
<br />
JJOKE staff would like to know - they are the ones that have been on the front lines answering questions about the yet unseen application. They can barely keep up with the backlog using the tried and true system that has been in place for almost two decades. And none of the JJOKE big shots have told them what and when the new system will go live.<br />
<br />
The New York State Attorney Generals office would like to know - they have to defend JJOKE against my Article 78 litigation and the new application is at the center of next weeks hearing. The lawyer from the AG's office Christopher Liberati-Conant has already told the court that the application is live, a statement that we all know is not accurate. And he is now assuring us that it will really go "live" on Monday. That kind of mistake reflects badly on the AG's office but I don't blame Chris I think someone at JJOKE (probably Martin Levine) mislead him as much as JJOKE has mislead the rest of us.<br />
<br />
But like death, taxes and JJOKE's incompetence Monday will surely arrive and we can all see the new $1.5 million application. I for one hope it's really good. Seriously I use that system every day. If it's good that makes my job easier. If it's hard to understand or use it makes me richer as more people have to hire me. The verification portion and delegated administrator function that they released several weeks ago has been great. Once you know all the ways to take advantage of it and the backdoor ways to exploit it's loopholes it is a pleasure to use. And I've picked up a lot of new clients as a result of it. They are all small clients but it all adds up. So thank you JJOKE and keep up the wall of silence it helps.<br />
<br />
Now if the new $1.5 million system is built with the illegal regulations embedded in it, and Chris Liberati-Conant has told the Court it was, we may all be in for a long month ahead as the Court, JJOKE and the regulated community deal with the fall out from that.<br />
<br />
Again I'm all smiles.<br />
<br />
It's a win win for me. If the illegal regulations are found to be null and void it's JJOKE's problem to fix the new $1.5 million application but I will know more about it and sooner than anyone else. If the new regulations stand then again more business flows to the firm that knows the most about those regulations and the new system because we had to immerse ourselves in it for the lawsuit and my bottom line goes up again.<br />
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Either way my clients will know before the rest of the regulated community.<br />
<br />
Just like I knew that JJOKE plans to go "live" Monday. <br />
<br />
Now if they don't go live Monday I'll be sure to let you know and I think Chris will have some explaining to do to the Court.<br />
<br />
You are all welcome!!!!<br />
David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com9tag:blogger.com,1999:blog-8012724775250138264.post-22319955745904692232018-12-12T10:09:00.000-05:002018-12-12T10:09:32.804-05:00Is it really better to be silent and be thought a fool?<h1 class="entry-title">
Better to Remain Silent and Be Thought a Fool than to Speak and Remove All Doubt</h1>
<!-- .entry-header --> <br />
<div class="entry-content">
<strong>Abraham Lincoln? Mark Twain? Biblical Proverb? Maurice Switzer? Arthur Burns? John Maynard Keynes? Confucius? <b>Anonymous?</b></strong></div>
<div class="entry-content">
<strong>Dear Quote Investigator:</strong> Here are two versions of an entertaining saying that is usually credited to Abraham Lincoln or Mark Twain:</div>
<blockquote class="entry-content">
Better to remain silent and be thought a fool than to speak and to remove all doubt.<br />
It’s better to keep your mouth shut and appear stupid than open it and remove all doubt.</blockquote>
<div class="entry-content">
The phrasing is different, but I think these two statements express the same thought. When I mentioned this adage to a friend he claimed that it was in the Bible, but it does not sound very Biblical to me. Can you resolve this dispute?</div>
<div class="entry-content">
<strong>Quote Investigator:</strong> There is a biblical proverb that expresses a similar idea, namely Proverbs 17:28. Here is the New International Version followed by the King James Version of this verse: <a class="simple-footnote" href="https://quoteinvestigator.com/2010/05/17/remain-silent/#note-227-1" id="return-note-227-1" title="Proverbs 17:28 has many translations. Here is a link to a webpage with several from the Online Parallel Bible Project of Biblos.com. (Accessed Bible.cc on October 24, 2012) link"><sup>1</sup></a></div>
<blockquote class="entry-content">
Even a fool is thought wise if he keeps silent, and discerning if he holds his tongue.<br />
Even a fool, when he holdeth his peace, is counted wise: and he that shutteth his lips is esteemed a man of understanding.</blockquote>
<div class="entry-content">
The quotations that the questioner listed use a distinctive formulation that is certainly more humorous. In the biblical version one is thought wise if one remains silent, but in the questioner’s statements the word “wise” is not used. Remaining silent simply allows one to avoid the fate of being thought a fool or stupid. This maxim has many different forms, and it is often ascribed to Abraham Lincoln or Mark Twain. However, there is no substantive evidence that either of these famous individuals employed the maxim.</div>
<div class="entry-content">
The wonderful Yale Book of Quotations (YBQ) <a class="simple-footnote" href="https://quoteinvestigator.com/2010/05/17/remain-silent/#note-227-2" id="return-note-227-2" title="2006, The Yale Book of Quotations by Fred R. Shapiro, Section: Abraham Lincoln, Page 466, Yale University Press, New Haven. (Verified on paper)"><sup>2</sup></a> investigated the saying and presented the earliest known attribution to Lincoln in Golden Book magazine in November 1931: <a class="simple-footnote" href="https://quoteinvestigator.com/2010/05/17/remain-silent/#note-227-3" id="return-note-227-3" title="1931 November, Golden Book Magazine, Volume 14, Quote Page 306, Published by The Review of Reviews Corporation, Albert Shaw, New York. (Verified on paper)"><sup>3</sup></a></div>
<blockquote class="entry-content">
Better to remain silent and be thought a fool than to speak and to remove all doubt.<br />— ABRAHAM LINCOLN.</blockquote>
<div class="entry-content">
Since Lincoln died in 1865 this is a suspiciously late instance, and it provides very weak evidence. Further, YBQ indicated that the phrase was in use years before this date with no attachment to Lincoln. The ascription of the saying to Mark Twain is also dubious.</div>
<div class="entry-content">
When Ken Burns filmed a documentary about Mark Twain in 2001 a companion book was released, and it listed the following version of the quote in a section titled “What Twain Didn’t Say”: <a class="simple-footnote" href="https://quoteinvestigator.com/2010/05/17/remain-silent/#note-227-4" id="return-note-227-4" title="2001, Mark Twain by Dayton Duncan and Geoffrey C. Ward, Based on a Documentary by Ken Burns, Section: What Twain Didn’t Say, Page 189, Alfred A. Knopf, New York. (Verified on paper)"><sup>4</sup></a></div>
<blockquote class="entry-content">
Better to keep your mouth shut and appear stupid than to open it and remove all doubt.</blockquote>
<div class="entry-content">
The earliest known appearance of the adage discovered by <strong>QI</strong> occurred in a book titled “Mrs. Goose, Her Book” by Maurice Switzer. The publication date was 1907 and the copyright notice was 1906. The book was primarily filled with clever nonsense verse, and the phrasing in this early version was slightly different: <a class="simple-footnote" href="https://quoteinvestigator.com/2010/05/17/remain-silent/#note-227-5" id="return-note-227-5" title="1907, “Mrs. Goose, Her Book” by Maurice Switzer, Page 29, Moffat, Yard & Company, New York. (Google Books full view) link"><sup>5</sup></a></div>
<blockquote class="entry-content">
It is better to remain silent at the risk of being thought a fool, than to talk and remove all doubt of it.</blockquote>
<div class="entry-content">
Most of the humorous content of “Mrs. Goose, Her Book” has the imprint of originality, and based on currently available data <strong>QI</strong> believes that Maurice Switzer is the leading candidate for originator of the expression. This 1906 citation was also given in “The Dictionary of Modern Proverbs”, an indispensable new reference work from Yale University Press</div>
<div class="entry-content">
</div>
<div class="entry-content">
Now you may be asking what does this have to do with JJOKE and the new illegal regulations and still unseen lobby application.</div>
<div class="entry-content">
</div>
<div class="entry-content">
The easy answer is JJOKE must be following the quote's advice and that is why they have not released the lobby application. Two years of work and only two weeks until the regulated community needs to start using it and NO ONE has seen it. FOOLS</div>
<div class="entry-content">
</div>
<div class="entry-content">
But there is a much more important reason.</div>
<div class="entry-content">
</div>
<div class="entry-content">
In case you were not aware if the new illegal lobby regulations (another 2 year project) become effective those that meet public officials or their staff better be careful, no matter what the quote says. If you remain silent you could be considered a lobbyist and subject to all the rules, obligations and penalties that go along with that moniker.</div>
<div class="entry-content">
</div>
<div class="entry-content">
Thats right under the regulations silence is lobbying. I'll say it again. SILENCE IS LOBBYING</div>
<div class="entry-content">
</div>
<div class="entry-content">
You can't believe it?</div>
<div class="entry-content">
</div>
<div class="entry-content">
The regulations define lobbying as having direct contact with a public official and direct contact is defined as:</div>
<div class="entry-content">
</div>
<div class="entry-content">
<ol type="a">
<ol type="a">
<span style="font-size: small;"></span></ol>
</ol>
</div>
<span style="font-size: small;">"(1) </span><i><span style="font-family: Times New Roman,Times New Roman PS; font-size: small;"><span style="font-family: Times New Roman,Times New Roman PS; font-size: small;">Direct Contact </span></span></i><span style="font-size: small;">(i) Means any communication or interaction directed to a Public Official, including, but not limited to: . . .</span><br />
<br />
<span style="font-size: small;"> (d) <span style="font-size: small;"><span style="font-size: small;"><span style="font-size: small;">Attendance at a meeting with a Public Official; or <span style="font-size: small;"><span style="font-size: small;"><span style="font-size: small;"></span></span></span></span></span></span></span><ol type="a"><span style="font-size: small;"><span style="font-size: small;"><span style="font-size: small;"><span style="font-size: small;">
</span></span></span></span><span style="font-size: small;"><span style="font-size: small;"><span style="font-size: small;"><span style="font-size: small;">(</span><i><span style="font-family: Times New Roman,Times New Roman PS; font-size: small;"><span style="font-family: Times New Roman,Times New Roman PS; font-size: small;">e</span></span></i><span style="font-size: small;">) Presence on a phone call with a Public Official, when the Official is aware of such presence; "</span></span></span></span><br />
<span style="font-size: small;"> </span><br />
<span style="font-size: small;"> </span><br />
<span style="font-size: small;">NO WORDS NEED BE SPOKEN YOUR PRESENCE IS ENOUGH</span><br />
<span style="font-size: small;"> </span><br />
<span style="font-size: small;"> </span><br />
<span style="font-size: small;">WHERE ARE THE GOO GOOS? COME ON BLAIR HORNER HOW DO YOU FEEL ABOUT THIS IMPINGEMENT ON YOUR FREE SPEECH RIGHTS OR BETTER YET YOUR FREE NOT TO SPEAK RIGHTS?</span><br />
<span style="font-size: small;"> </span><br />
<span style="font-size: small;">Abe Lincoln, Mark Twain and Confucious must all be spinning over in their graves.</span><br />
<br /></ol>
<br />David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com4tag:blogger.com,1999:blog-8012724775250138264.post-86118582872557598252018-12-11T10:57:00.002-05:002018-12-11T11:24:50.664-05:00JJOKE E-BlastDo you feel it?<br />
Do you hear it?<br />
Do you smell it?<br />
Do you see it?<br />
<br />
A JJOKE e-blast is a coming!!!!<br />
<br />
Sung to the tune "A bad moon rising" by Creedance Clearwater Revival <a href="https://www.bing.com/videos/search?q=you+tube+bad+moon&view=detail&mid=F9C42A88AFAE643CA841F9C42A88AFAE643CA841&FORM=VIRE">https://www.bing.com/videos/search?q=you+tube+bad+moon&view=detail&mid=F9C42A88AFAE643CA841F9C42A88AFAE643CA841&FORM=VIRE</a><br />
<br />
I see the new application afailing<br />
I see trouble on the way<br />
<br />
I see error messages and freezes<br />
I see bad times today<br />
<br />
Dont try to login today<br />
It's bound to waste your time<br />
<br />
A JJOKE e-blast is a coming<br />
<br />
I hear Jeanine a screaming<br />
I know Agata's end is coming soon<br />
<br />
I fear filers getting screwed<br />
I hear the voice of rage and ruin<br />
<br />
<span class="ng-binding" id="254008010171-0_trackingNumber"><span class="ng-binding" id="254008010171-0_trackingNumber">Dont try to login today<br />
It's bound to waste your time<br />
<br />
A JJOKE e-blast is a coming<br />
<br />
Hope you got your profile claimed<br />
Hope you are quite prepared for late fees<br />
<br />
Looks like we are in for nasty waits<br />
Agata knows less than Martin Levine<br />
<br />
Dont try to login today<br />
It's bound to waste your time<br />
<br />
A JJOKE e-blast is a coming</span><br />
</span>David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com23tag:blogger.com,1999:blog-8012724775250138264.post-56051770674975250542018-12-10T12:39:00.000-05:002018-12-10T12:42:17.085-05:00COMING SOONCOMING SOON<br />
<br />
It's now December 10, three weeks until registrations and when you go to the JJOKE site for the new lobby application and try to use the new application that is what it says "COMING SOON".<br />
<br />
But what does that mean?<br />
<br />
Does it mean the registration portal will be available today?<br />
<br />
Tomorrow?<br />
<br />
This week?<br />
<br />
Next week?<br />
<br />
Next Year?<br />
<br />
It's a fair question for those in the regulated community that want to follow the law (not the illegal regulations but the law)<br />
<br />
And since the old application will not be available for 2019 registrations (or will it if the injunction is granted declaring the illegal regulations null and void) it is a critical piece of information that should be made public.<br />
<br />
Coming soon - if you are a whore involved in a financial transaction with ex gov spitzer it means you get paid soon.<br />
<br />
If it said "available soon" we could surmise from JJOKE's prior use of that term on the website for business relationships that it might take 3 or more years (that's how long it has been posted on the lobby query portion of the website).<br />
<br />
But it says "Coming Soon" <br />
<br />
Which is really strange because if JJOKE actually knew when it would be available wouldn't they tell us a specific date. And if the application was fully tested and operational why post coming soon and wait? why not just release it and let people start using it?<br />
<br />
Is it possible the idiots at JJOKE are promising something they can't deliver?<br />
<br />
Coming soon? - Agata's resignation?<br />
<br />
Coming soon? - Kind of like the check is in the mail.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com5tag:blogger.com,1999:blog-8012724775250138264.post-37605046920054455002018-12-07T09:42:00.001-05:002018-12-07T11:05:23.980-05:00A Christmas StoryMany of you, at least the sophisticated, well read ones, have seen the Christmas classic "A Christmas Story" the heartwarming Christmas saga of Ralphie and his trials and tribulations during his pursuit of the unobtainable red rider bb gun with the compass in the stock. For my money the best line in the movie is everybody telling Ralphie that he will shoot his eye out. As JJOKE gets ready to unveil it's new lobby application, that is unless Judge Mackey grants my petition to declare the illegal lobby regulations null and void, I am constantly reminded of the line "Ralphie you'll shoot your eye out". You see, I've been thru a roll out of a new lobby application before, from the inside. I was the executive director of the old lobby commission the last time this happened. Back then Jeanine Clemente was in charge of insuring a smooth roll out. My understanding is that even though Jeanine has retired she was hired back at the state max of $30k per year while collecting her retirement specifically to work on the new lobby application. It took over 2 years (way to max that benefit Jeanine) but Jeanine knows what it takes to do it right. Last time, once the application was ready (we stole it from Connecticut so all we needed to do was modify for New York) we gave it to a couple of large lobbying firms to try it and provide us feedback (Tonio Burgos was one of the firms - Thank you Tonio) We took the feedback from people that would actually be using the system, made some corrections and then implemented the system during a slow filing time with plenty of notice for people to get used to it. This time? No user input, in fact I'm told the actual staff members who will be interacting with the regulated community have not even seen it. And lets go live with it for January 1, 2019 the single busiest filing period possible. How could Jeanine have regressed so far from her excellent work on the original system? <br />
<br />
One big difference from the last time. Back then I didn't let the lawyers touch it. We only had one, Ralphie (hence my reminder of a Christmas Story) now there are more Raphies (lawyers) at JJOKE than Bumphus had dogs stealing turkey (watch the movie if that went over your head). No decision at JJOKE gets made without at least three Ralphies trying to shoot their eyes out.<br />
<br />
As a result it's December 7 (pearl harbor day) just three weeks till registrations are due and we haven't seen the new lobby application. JJOKE says it will be unveiled in early December. JJOKE staff was originally told December 10. Now they are being told December 17. Not only is JJOKE going to shoot their eye out they are going to lick the flagpole on this one (another movie reference).<br />
<br />
Why the delay?<br />
<br />
Because the application will not work. Too many Ralphies trying to show how smart they are and not a single one has ever actually filed a registration statement.<br />
<br />
A simple example. The new regulations require that any lobbyist that has a contract must file that contract with the registration, you cannot use "an authorization" unless you use the JJOKE authorization form. OK where is that form? According to JJOKE staffers they haven't seen it and the Ralphies at JJOKE say it's coming. A ricchochet off the fence right into Ralphie's glasses. How will the Ralphies handle overlapping agreements? How about in house authorizations for employed lobbyists? How about for Coalitions? Remember Ralphie, Coalitions do not really exist no matter what your regulations say so how can they enter into a contract or an authorization no matter what the form.<br />
<br />
That's the easy stuff, I'll save the rest of my snowballs till I actually see the application and can try to use it. <br />
<br />
I guess we will just have to wait and see how this movie ends. I'm hoping Judge Mackey brings the judicial cleaver down on Agata's neck. Falalalala la lala lah.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com1tag:blogger.com,1999:blog-8012724775250138264.post-80828803323456165142018-03-27T15:43:00.000-04:002018-03-27T15:43:11.786-04:00JJOKE Press ConferenceFor those of you that missed the JJOKE press conference that followed the commission meeting today I've reproduced the transcript of it for your reading enjoyment.<br />
<br />
McClueless - Please be seated the press conference is about to begin. Let me introduce Chair Rozan and Commissioners McAuliffe, Knox, Dering and McNamara. The other commissioners are participating by teleconference. Also with us today is soon to be former Executive Director Seth Agata who has been instructed to refuse to answer any questions after his last performance at a press conference. Before we begin let me state that you should not take the silence of any member of JJOKE as a confirmation that we are or are not taking or not taking any action. We are prohibited by law from commenting or not commenting on any action we have or have not taken or that we should or should not take or from confirming or not confirming that we have or have not recused ourself from participating or not participating in any matter. Now who would like to ask the first question?<br />
<br />
Casey Sailer Times Union - Mr. Rozen are you aware that your statement prior to the executive session contained a tense that was grammatically inconsistent?<br />
<br />
Chair Rozen -Please do not take the silence of any member of JJOKE as a confirmation that we are or are not taking or not taking any action. We are prohibited by law from commenting or not commenting on any action we have or have not taken or that we should or should not take or from confirming or not confirming that we have or have not recused ourself from participating or not participating in any matter.<br />
<br />
Chris Bragg Times Union - Is it true that you are required by statute to vote on commencing an investigation within 45 days of a complaint being filed?<br />
<br />
Chair Rozen -Please do not take the silence of any member of JJOKE as a confirmation that we are or are not taking or not taking any action. We are prohibited by law from commenting or not commenting on any action we have or have not taken or that we should or should not take or from confirming or not confirming that we have or have not recused ourself from participating or not participating in any matter.<br />
<br />
Chris Bragg - A followup question please. Isn't it also true based on the decision of Judge Zwack in the Trump v JCOPE matter that after voting you are required to notify the target and the complainant if no investigation will be undertaken?<br />
<br />
Chair Rozen -Please do not take the silence of any member of JJOKE as a confirmation that we are or are not taking or not taking any action. We are prohibited by law from commenting or not commenting on any action we have or have not taken or that we should or should not take or from confirming or not confirming that we have or have not recused ourself from participating or not participating in any matter.<br />
<br />
Ken Lovett NY Daily News - Mr. Agata based on the Trump decision have you been notified by JCOPE that Mr. Grandeau's complaint against you has been dismissed?<br />
<br />
McClueless - I can answer Seth. Please do not take the silence of any member of JJOKE as a confirmation that we are or are not taking or not taking any action. We are prohibited by law from commenting or not commenting on any action we have or have not taken or that we should or should not take or from confirming or not confirming that we have or have not recused ourself from participating or not participating in any matter.<br />
<br />
Fred Dicker NY Post - Has the Republican State Committee been notified that their complaint against Governor Cuomo and Joe Percoco been voted on?<br />
<br />
Chair Rozen -Please do not take the silence of any member of JJOKE as a confirmation that we are or are not taking or not taking any action. We are prohibited by law from commenting or not commenting on any action we have or have not taken or that we should or should not take or from confirming or not confirming that we have or have not recused ourself from participating or not participating in any matter.<br />
<br />
Fred Lebrun Times Union - What response do you have to Senator Defrancisco's call for Agata to be fired?<br />
<br />
The entire commission in unison - He can go fuck himself.<br />
<br />
McClueless - any further questions? no? great I think this was a very successful exchange of ideas and a truly open and transparent press conference.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com3tag:blogger.com,1999:blog-8012724775250138264.post-46306344261870128642018-03-26T14:14:00.005-04:002018-03-26T14:14:56.850-04:00How do JJOKE commissioners and staff show up at commission meetings and act like everything is ok?Tomorrow will be yet another JJOKE meeting post Percoco. And about half the Commissioners will be in Albany. None will say even one word to the press, that's if any press bother to show up and ask questions.<br />
<br />
But my thoughts about tomorrow are far more fundamental.<br />
<br />
How do they sit at that table with Agata and act as if everything is ok and they are doing a great job?<br />
<br />
I can't figure out what kind of drugs one takes to be that delusional in public.<br />
<br />
I mean some of these commissioners actually have reputations to consider, yet they sit at the table ignoring the elephant in the room. (That would be Weissman, Jacobs and Yates)<br />
<br />
Others are under the Governors thumb and have to do as they are told no matter how foolish they look or sound (Rozen, Lavine, Dering and Sample)<br />
<br />
Still others are just clueless and blissfully ignorant and politically tone deaf. (That's Cohen, Knox and Smalls)<br />
<br />
And still others have family members whose jobs depend on their compliant behavior (McAuliffe)<br />
<br />
And there is even one whose law firm may be at risk for it's lobbying efforts (McNamara)<br />
<br />
Of course some fall into multiple categories like Lavine, Smalls, McAuliffe and Rozen.<br />
<br />
But just once I'd love to see these commissioners make themselves available for public questioning, it would be like the ugly duckling whose friends keep saying how attractive he/she is until he/she actually looks in a mirror.<br />
<br />
Just imagine the JJOKE commissioners looking in that ethics mirror and seeing Agata's testimony at the Percoco trial staring back at them.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com7tag:blogger.com,1999:blog-8012724775250138264.post-18205574188827250362018-03-20T14:04:00.002-04:002018-03-20T14:06:05.040-04:00JJOKE tells Defran to kiss their assIn an unprecedented move the entire JJOKE board wrote a letter to powerful State Senator and candidate for Governor John DeFrancisco responding to his call for the firing of Seth Agata, you can read it here <a href="http://www.jcope.ny.gov/public/JCOPE-letter-to-Senator-DeFrancisco.pdf">http://www.jcope.ny.gov/public/JCOPE-letter-to-Senator-DeFrancisco.pdf</a> or on the JJOKE website. <br />
<br />
Now I've been calling for Agata's firing for years. So I applaud the Senator in joining me although I must ask what took so long. But I am shocked and dismayed that JJOKE never sent me a letter like the one they sent DeFran.<br />
<br />
If I was DeFran and got this letter I would do 3 things immediately.<br />
<br />
First I'd go have a chat with the majority leader about pulling JJOKE funding out of the budget.<br />
<br />
Second I'd demand that the three republican senate appointees resign, I might even terminate any of their family members that work for the senate<br />
<br />
Third I'd hold hearings into JJOKE and take testimony under oath about what goes on there and<br />
<br />
Lastly I'd file a complaint against Rozen for the letter itself. In it he states that Agata "has demonstrated the highest integrity, and his reputation for professionalism is well-earned". Aside from the fact that Rozen's opinion about Agata is not supported by the facts the very fact that he used a JJOKE press release to voice that opinion on behalf of "every member" of JJOKE (did they vote on that? and if so did that vote violate the open meetings law?) has resulted in JJOKE being unable to investigate the complaint I filed against Agata and has tainted any investigation into Agata's actions. A clear violation of the Public Officers Law section 74 (3) f and h. <br />
<br />
Mr. Rozen please consider this a complaint against you. I look forward to my letter.<br />
<br />
One last thought. This isn't the first time an ethics commission has blindly supported their executive director against allegations of wrong doing. The Public Integrity Commission did the the same thing for disgraced executive director Herb Teitelbaum. He resigned shortly thereafter and his commission was erased by Cuomo who created JJOKE.<br />
<br />
What is old is new again and the wheel keeps turning.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com1tag:blogger.com,1999:blog-8012724775250138264.post-42266189694457582122018-03-15T11:20:00.002-04:002018-03-15T11:20:45.622-04:00Rich Azzopardi would be perfect as the next head of JJOKEI'm serious Rich has all the attributes you need to be the head of JJOKE.<br />
<br />
He will do exactly as he is told.<br />
He has no idea what the ethics laws are.<br />
He will do exactly as he is told.<br />
He has no shame in saying whatever is needed to protect the 2nd floor.<br />
He will do exactly as he is told.<br />
He will not let the facts stand in the way of his positions.<br />
He will do exactly as he is told.<br />
His incompetence is his strength.<br />
He will do exactly as he is told.<br />
You can't shame him by pointing out he is lying.<br />
He will do exactly as he is told.<br />
He knows how to say we can't comment it's confidential.<br />
He will do exactly as he is told.<br />
<br />
As proof of my position on Rich "Fat Azz" Azzopardi read Chris Bragg's story today <a href="https://blog.timesunion.com/capitol/archives/280777/trial-raises-questions-about-many-cuomo-practices/">https://blog.timesunion.com/capitol/archives/280777/trial-raises-questions-about-many-cuomo-practices/</a><br />
<br />
"Fat Azz" is quoted as follows regarding Seth Agata violations of the Public Officers Law:<br />
<br />
Azzopardi said it is "perfectly appropriate for a counsel to give advice to a former employee on complying with a two-year lobbying ban."<br />
<br />
Lets review that comment.<br />
<br />
Starting with what law or ethics opinion does he base that on?<br />
<br />
While it may be appropriate for JCOPE to give advice to former employees about post employment restrictions the Public Officers Law is clear you cannot use your official position and state resources to benefit a former employee. If Mr. Fat Azz is right then I will ask him to provide me under FOIL all the opinions the governor's counsels have given FORMER employees about post employment restrictions. I won't hold my breath waiting. BTW I've given quite a few written opinions to former employees of the 2nd floor on post employment restrictions, you would be surprised Rich to know who the smart ones were that asked for the opinions rather than violate the Public Officers Law and get wrong opinions.<br />
<br />
In addition Rich, you're quote that it was advice on a lobbying ban is telling. It was a post employment restriction not a lobbying ban but maybe the trial has proven that you might know more about what was really going on with Percoco and Agata than you are letting on.<br />
<br />
Plus if you actually look at Agata's memo on Executive Chamber stationary you would see it wasn't advice to Percoco , the former employee, it was a memo to the file. What does that mean? Who was his client? Percoco or the executive chamber? And how (no pun intended) did a memo he wrote on July 9 2014 end up attached to an email Todd Howe wrote on July16, 2014? Who gave it to Howe? <br />
<br />
Was it "perfectly appropriate" for that official executive chamber memo to be provided to Todd Howe for use as part of his criminal scheme?<br />
<br />
I can't wait for your answers Rich. It will be a good audition for your future role as the head of JJOKE.<br />
<br />
David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-24049350996754715592018-03-14T10:10:00.001-04:002018-03-14T10:10:36.288-04:00Ethics reform? How about Agata?<div style="-webkit-text-stroke-width: 0px; background-color: white; box-sizing: border-box; color: #444444; font-family: Georgia, serif; font-size: 15px; font-style: normal; font-variant-caps: normal; font-variant-ligatures: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-decoration-color: initial; text-decoration-style: initial; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px;">
<strong style="box-sizing: border-box; font-weight: 700;">The following groups are inviting comment on their 832nd proposal for ethics reform This time as part of a constitutional convention. Can you say teets on a bull?</strong><br />
<strong style="box-sizing: border-box; font-weight: 700;"></strong><br />
<strong style="box-sizing: border-box; font-weight: 700;">Brennan Center for Justice, New York University Law School</strong></div>
<div style="-webkit-text-stroke-width: 0px; background-color: white; box-sizing: border-box; color: #444444; font-family: Georgia, serif; font-size: 15px; font-style: normal; font-variant-caps: normal; font-variant-ligatures: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-decoration-color: initial; text-decoration-style: initial; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px;">
<strong style="box-sizing: border-box; font-weight: 700;">Campbell Public Affairs Institute, Maxwell School of Citizenship and Public Affairs, Syracuse University</strong></div>
<div style="-webkit-text-stroke-width: 0px; background-color: white; box-sizing: border-box; color: #444444; font-family: Georgia, serif; font-size: 15px; font-style: normal; font-variant-caps: normal; font-variant-ligatures: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-decoration-color: initial; text-decoration-style: initial; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px;">
<strong style="box-sizing: border-box; font-weight: 700;">Carey Center for Government Reform</strong></div>
<div style="-webkit-text-stroke-width: 0px; background-color: white; box-sizing: border-box; color: #444444; font-family: Georgia, serif; font-size: 15px; font-style: normal; font-variant-caps: normal; font-variant-ligatures: normal; font-weight: 400; letter-spacing: normal; orphans: 2; text-decoration-color: initial; text-decoration-style: initial; text-indent: 0px; text-transform: none; white-space: normal; widows: 2; word-spacing: 0px;">
<strong style="box-sizing: border-box; font-weight: 700;">Center for the Advancement of Public Integrity, Columbia La School</strong></div>
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<strong style="box-sizing: border-box; font-weight: 700;">Citizens Union</strong></div>
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<strong style="box-sizing: border-box; font-weight: 700;">Committee on Government Ethics and State Affairs, New York City Bar Association</strong></div>
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<strong style="box-sizing: border-box; font-weight: 700;">Committee to Reform the State Constitution</strong></div>
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<strong style="box-sizing: border-box; font-weight: 700;">Common Cause/New York</strong></div>
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<strong style="box-sizing: border-box; font-weight: 700;">League of Women Voters of the State of New York</strong></div>
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<strong style="box-sizing: border-box; font-weight: 700;">New York Public Interest Research Group</strong><br />
<strong></strong><br />
<strong>But rather than point out all the hypocrisy contained in their proposal (including the fact that the chief judge would get the majority of the appointments and she was a Cuomo appointee on JJOKE) I would like to ask those groups one simple question.</strong><br />
<strong></strong><br />
<strong>Based on Seth Agata's sworn testimony in the Percoco trial about his misuse of state resources in providing private citizen Percoco an ethics opinion, do you think Seth Agata is fit to be the head of New York's ethics agency?</strong><br />
<strong></strong><br />
<strong>Simple question.</strong><br />
<strong></strong><br />
<strong>One the media should ask before printing press releases from the groups named above.</strong><br />
<strong></strong><br />
<strong>The inmates are running the asylum.</strong></div>
David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com3tag:blogger.com,1999:blog-8012724775250138264.post-48955949780552935462018-03-08T09:37:00.000-05:002018-03-08T09:37:00.896-05:00DeFran joins the list of ethics wannabes that talk loud but carry no stick or sack for that matterCandidate for Governor and powerful state senator John DeFrancisco has jumped on the bandwagon and called for a special prosecutor to look at the misuse of state resources in the Percoco case. It made for a good press release and some news coverage <br />
<br />
<a href="http://www.nydailynews.com/news/politics/deputy-senate-leader-calls-probe-percoco-office-article-1.3861540?cid=bitly">http://www.nydailynews.com/news/politics/deputy-senate-leader-calls-probe-percoco-office-article-1.3861540?cid=bitly</a><br />
<br />
Now I've never met the Senator but I have some friends that say he is a standup guy which makes me wonder why he is content with being all talk on the ethics issues coming out of the Percoco trial.<br />
<br />
You may ask "well what can he do other than send out press releases?"<br />
<br />
DeFrancisco is suppose to be a smart lawyer. Why not try the following instead of throwing a hail mary that Cuomo would actually appoint a legitimate special prosecutor (Didn't we already see what happened to the Moreland panel?)<br />
<br />
The Senate republicans have 3 appointees on JCOPE, which actually has jurisdiction in this matter and 2 pending complaints. Get the Senate, where you are supposed to have juice, to demand that the JJOKE appointees take action on the complaints or resign. Ask your appointees to discuss the law regarding misuse of state resources. Lets see if they even understand it. While you are at it why not hold Senate hearings into JCOPE? I'll volunteer to help you with that.<br />
<br />
Shining a light requires more than talking about flashlights you actually have to flip the switch and turn it on.David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-57875023035726868052018-03-06T16:28:00.002-05:002018-03-06T16:33:02.304-05:00Ethics reform and Blair Horner again and again and again and again and againI'm tired of writing the same blog that Blair Horner and the goo goos are to blame for New York's lack of ethics and that its the people not the laws that need changing stupid so I just did a search on my blog for that issue and you can read them all for yourself allllll the way back to 2010.<br />
<br />
<a href="http://davidgrandeau.blogspot.com/search?q=horner&updated-max=2014-10-02T12:00:00-07:00&max-results=20&start=0&by-date=true">http://davidgrandeau.blogspot.com/search?q=horner&updated-max=2014-10-02T12:00:00-07:00&max-results=20&start=0&by-date=true</a><br />
<br />
<br />
damn I really can see into the future<br />
<br />
now lets try it for the phrase ethics reform<br />
<br />
<a href="http://davidgrandeau.blogspot.com/search?q=ethics+reform&max-results=20&by-date=true">http://davidgrandeau.blogspot.com/search?q=ethics+reform&max-results=20&by-date=true</a><br />
<br />
Wow looks like we should blame the media for being blind and lazy along with the goo goosDavid Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-74742801656151673282018-03-05T12:23:00.000-05:002018-03-05T12:23:13.834-05:00Shame on you Blair HornerAnother ethics scandal and predictably Blair Horner and the rest of the good government crowd are trying to capitalize and get the 834th set of ethics reforms in the last 10 years passed.<br />
<br />
But has it dawned on Blair that he keeps talking about policy and the people actually running ethics don't give a shit?<br />
<br />
Newsflash Blair Having Seth Agata run JJOKE is like El Chapo running the DEA.<br />
<br />
ITS THE PEOPLE STUPID<br />
<br />
I know Blair is aware of Agata's Public Officer Law violations because I sent him my complaint and asked him to join me as a complainant. His response? I shouldn't personalize it. Getting ethics reform is more important than getting rid of Seth Agata.<br />
<br />
Hey Blair have you ever heard of the broken window approach to policing?<br />
<br />
Seth Agata is like the burned out building in the neighborhood you want to redevelop. You can't get rid of the drug dealers, crack whores and assorted vermin until you tear down the burned out building. It attracts them.<br />
<br />
I'll settle for Blair answering one simple question. Do you think Seth Agata violated the Public Officers Law based on his sworn testimony in the Percoco case?<br />
<br />
And if you don't know the answer Blair read the law before you focus on changing it.<br />
<br />
SHAME ON YOU BLAIR HORNER <br />
<br />
ITS THE PEOPLE STUPIDDavid Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-67499505333823246272018-02-28T12:59:00.000-05:002018-02-28T12:59:46.464-05:00Finally a JJOKE Commissioner with lobby experienceAm I talking about the commissioners who spoke about the NYCLU catfight NO but if you were scoring the fight at home I'd say Jim Yates scored a technical knockout of Gary Lavine no matter how slow and ponderous Gary's arguments were<br />
<br />
Am I talking about the commissioners that called for Seth Agata's resignation in light of my ethics complaint? NO none have even mentioned the elephant in the room<br />
<br />
I'm talking about Flannigan's newly appointed commissioner David McNamera, a partner of law firm Phillips Lytel. Phillips Lytle has retained two lobbyists for the 2017-2018 reporting period and has filed four separate client semi annuals for 2017. Those reports do have some errors but I'll let JJOKE find them I've already printed the reports to publish after JJOKE whitewashes the mistakes. The good news is Mr. McNamera most likely has actually read the Lobby Act since he personally signed one of the lobby authorization letters. <br />
<br />
The lobby act does not prohibit a client of a lobbyist from serving on JJOKE, it only prohibits anyone who was a lobbyist during the last three years from serving (and we've had that in the past) but Mr. McNamera will need to be careful in voting on general issues, like regulations that effect clients since his law firm is one. He should also disclose who his firms clients are so we know when he should recuse. And the lobbyists his firm has hired need to be especially careful since guys like me will be looking for mistakes and whether JJOKE gives them a get out of jail free card. <br />
<br />
I wonder if hiring a lobbyist who is the son of a legislator makes that fee a gift to the legislator? HMMM better ask the Percoco defense team. I guess it depends how much work they actually perform. Low show lobbying?<br />
<br />
And one last thing to think about. One of the Phillips Lytle lobbying engagements has a third party beneficiary (Pyramid Management Group) Does that mean Pyramid hired Phillips Lytle as a lobbyist? Or should Pyramid have been disclosed in the Phillips Lytle source of funding report? ( They weren't).<br />
<br />
And if you delve a little further you will see that Phillips Lytle was actually registered as a lobbyist within the last three years.<br />
<br />
All in all an inspired choice by the Senate Majority Leader and it should keep me busy for some time checking on Phillips Lytle and Mr. McNameraDavid Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-29068201720193073572018-02-23T12:34:00.000-05:002018-02-23T12:34:11.669-05:00Have you no decency Mr. Agata?The JJOKE has a commission meeting Tuesday.<br />
<br />
The agenda is posted and other than the usual BS and yet another request from NYCLU to be exempted from source of funding disclosure which will be denied by a close vote there is no reason to expect that Agata's violations of the Public Officers Law will be discussed.<br />
<br />
And knowing the Albany media and the good government groups the way I do there is no reason to expect that anyone will ask Agata or any JJOKE commissioner to defend and/or explain Agata's violations of the Public Officer Law.<br />
<br />
No Agata will sit at the head of the table doing his best Al Franken impersonation with a stupid aw shucks I'm a nice guy grin and business will go on as usual. And the elephant in the room (Agata's violations of the Public Officers Law) will just keep shitting on everyone's reputation that serves as a commissioner or a staff member at JJOKE.<br />
<br />
They all know by now that JJOKE is being led by a Public Officers Law violator and those with any integrity are ashamed to be associated with him but are there any with integrity?<br />
<br />
Let me see if I can time travel and relate what the commission meeting should sound like if any integrity still existed on JJOKE:<br />
<br />
Rozen - The meeting of JJOKE is called to order.<br />
Rob Cohen - Excuse me it's JCOPE Mr. Chair.<br />
Rozen- No Rob it's JJOKE because that's what we have become. Seth would you care to explain your recent sworn testimony in the Percoco criminal trial?<br />
Agata- I think it would be best Chair if we all followed the Governors lead and refrained from any comment during the trial. Lets let justice be served.<br />
Gary Lavine - Seeeeeth I must respectfully and slowly disagree with your position. It seeeeeeeeeeems to me that since your testimony was under oath and has been made available to all of us in the form of a complaint from that fat bastard Grandeau that you could discussssssssssssssss it without any danger of effecting or affecting the outcome of that trial.<br />
Dawn Smalls- Yea bitch I want to know why you used taxpayer funded time to help that bully Percoco when he wasn't even a state employee.<br />
McCauliffe - I agree unless you thought you were assisting an unincorporated 501c3 organization.<br />
Rob Cohen - There is no such thing commissioner.<br />
McCauliffe - I never said there was<br />
Rob Cohen - you just did<br />
McAuliffe - did not<br />
Rob Cohen - did to<br />
McCauliffe - did not<br />
Jim Yates - will you two idiots shut up. Seth you've been around long enough to know better than to use government letterhead to do personal business What the fuck? The last thing anyone on this joke of an ethics commission needs is anybody asking question about our integrity. Christ I was up to my eyeballs in the Silver case. Marvin was Shelly's collage or law school roommate or something. Weissman was Skelos's wine drinking buddy. Rob used to work for JJOKE under Biben and is only here because a former executive director vouched for him and assured all of us that he would never be late with his attorney certification again. So Seth how do you explain using government letterhead to give a private citizen a legal opinion while you were on state time?<br />
Agata - Percoco scares me. And I never thought anyone would find out. After all we are the ones that say what is and is not ethical can't we just ignore Grandeau's complaint?<br />
Rozen - Of course we can but after Percoco is convicted don't you realize the focus will turn to Cuomo and he will need to throw someone under the bus and that someone is you and JJOKE.<br />
Martin Levine - Really? we've gotten away with worse before.<br />
Stamm - Martin you ignorant smurf we got away with it before because the governor was on our side if it comes down to us or him it's us. I gotta be honest here Seth You need to resign now. I can do your job better than you anyway.<br />
Keith St John - I'm with Monica you need to resign Seth you are a disgrace<br />
Andrew Bechard - I'm with Monica you need to resign Seth you are a disgrace<br />
Carol Quinn - I'm with Monica you need to resign Seth you are a disgrace<br />
Walt Mclure - I'm with Monica you need to resign Seth you are a disgrace<br />
Pei Pei - I'm with Monica you need to resign Seth you are a disgrace<br />
Emily Logue - I'm with Monica you need to resign Seth you are a disgrace<br />
Michael Sande - I'm with Monica you need to resign Seth you are a disgrace<br />
<div align="LEFT">
Erin Lynch - I'm with Monica you need to resign Seth you are a disgrace</div>
Patrick E. Coultry, Chief Investigator- I'm with Monica you need to resign Seth you are a disgrace<br />
Peter J. Smith, Investigator- I'm with Monica you need to resign Seth you are a disgrace<br />
Richard Coraggio, Investigator - I'm with Monica you need to resign Seth you are a disgrace<br />
<span style="font-size: small;">Lori Donadio, Principal Investigative Analyst - I'm with Monica you need to resign Seth you are a disgrace</span><br />
<span style="font-size: small;"><span style="font-size: small;"></span><span style="font-size: small;">Katherine Santandrea, Secretary to the Commission - I'm with Monica you need to resign Seth you are a disgrace</span><br />
<span style="font-size: small;">Martin Levine - Not me Seth those of us with small stature and smaller integrity need to stay together Nothing you do can reflect on me or on JJOKE any worse than we have already done ourselves I say hang in there. If you didn't think you would get caught then you weren't putting us at risk. If you thought you would get caught then you were 1000 percent wrong but if you didn't think you would get caught then you weren't risking any of our jobs.</span><br />
<span style="font-size: small;">Rozen - Did you just quote Eric Roberts from the Pope of Greenwhich Village? Great movie but not a good analogy. Seth do you want to apologize?</span><br />
<span style="font-size: small;">Agata - Percoco scared me</span><br />
<span style="font-size: small;"> </span><br />
<span style="font-size: small;">And that ladies and gentleman is all you will get from Agata and JJOKE</span><br />
<span style="font-size: small;"> </span><br />
<span style="font-size: small;">But admit it don't you want someone at JJOKE to explain why Seth Agata is the right person to lead New York's Ethics agency? It's like having El Chapo run the DEA.</span><br />
</span><br />
<br />David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-46523091476476840482018-02-22T13:17:00.000-05:002018-02-22T13:17:13.480-05:00Why Agata should never get another job as a NY government employee . . . especially a court of claims appointmentIf you need another example of Agata's lack of integrity just look at the exhibit from his sworn testimony:<br />
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<br />
<br />
<br />
A couple of things to note here. First Percoco sent Agata's opinion (prepared on state time) to Howe, which means somehow Percoco got it, either from Agata or the mythical file that Agata claims he prepared it for. But most importantly look at the top of the memo. That is state letterhead Agata used.<br />
<br />
Now look at the ethics reminder JCOPE published in January of 2016.<br />
<br />
<a href="http://www.jcope.ny.gov/advice/JCOPE%20Ethics%20Reminder_Letterhead.pdf.pdf">http://www.jcope.ny.gov/advice/JCOPE%20Ethics%20Reminder_Letterhead.pdf.pdf</a> <br />
<br />
Do you think Agata ever read the ethics reminder? He did exactly what JCOPE tells every state employee NOT to do. And Howe and Percoco used that memo on official Executive Chamber letterhead to assist their corrupt scheme. Way to go Agata.<br />
<br />
Can you imagine how it will look when he leaves JJOKE if they get him another state gig that requires integrity? You know like a judgeship.<br />
<br />
Maybe at the commission meeting Tuesday some JJOKE commissioner will sack up and discuss Agata's ethics violations with the press.<br />
<br />
David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-29582174351844166862018-02-19T10:10:00.000-05:002018-02-20T10:45:12.004-05:00Agata Complaint aka and you wonder why Albany ethics is a joke?Does anyone think JJOKE will investigate it's own hand picked Cuomo apparatchik?<br />
<br />
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<span style="font-family: "times new roman" , serif; font-size: 16pt; text-transform: uppercase;">david grandeau,<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 16pt; text-transform: uppercase;">Joint Commission on public ethics executive director
seth agata<o:p></o:p></span></div>
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<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 16pt;">IN THE MATTER OF AN INVESTIGATION
INTO <a href="https://www.blogger.com/null" name="RELine">MISCONDUCT BY </a><span style="text-transform: uppercase;">Joint
Commission on public ethics executive director seth agata<o:p></o:p></span></span></b></div>
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<b style="mso-bidi-font-weight: normal;"><u><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">INTRODUCTION<o:p></o:p></span></u></b></div>
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<b style="mso-bidi-font-weight: normal;"><u><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><o:p><span style="text-decoration: none;"> </span></o:p></span></u></b></div>
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<div class="MsoNormalCxSpLast" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>David Grandeau
(“<u>Complainant</u>”) files this Complaint and based on the information
detailed herein, respectfully petitions the New York State Joint Commission on
Public Ethics (the “<u>Commission</u>”) to investigate the misconduct of Joint
Commission on Public Ethics Executive Director Seth Agata</span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"> <span style="mso-spacerun: yes;"> </span>(the “Respondent”)§ 74 <i style="mso-bidi-font-style: normal;">et seq</i>.<o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Seth Agata, an
employee of the JCOPE has violated Public Officers Law § 74(3)(d), (f) and (h)
by engaging in acts that have violated the trust of the public and are being
pursued to advance Mr. Agata’s non-governmental interests. <o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Mr. Agata’s
statements and conduct evidence a motive that is inconsistent with his former
role as Acting Counsel for Governor Cuomo and his current role as Executive
Director of the Commission.<o:p></o:p></span></div>
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<div class="Default" style="line-height: 200%; margin: 0in 0in 0pt;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>While employed as Acting Counsel to
Governor Cuomo in July 2014, Mr. Agata, engaged in a pattern of misconduct to
the detriment of both complainant and the State of New York.<span style="mso-spacerun: yes;"> </span><span style="mso-spacerun: yes;"> </span></span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Respondent
has used state resources, to support his efforts to secure privileges for Joseph
Percoco, a private citizen, when there is no legitimate state purpose for doing
so.<span style="mso-spacerun: yes;"> </span>Respondent has also continued to use
his state position as Executive Director to benefit Mr. Percoco when there is
no legitimate state purpose for doing so.<span style="mso-spacerun: yes;">
</span></span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Such actions, clearly raise suspicion that they were being
undertaken in violation of the respondents’ public trust and were not made to
further either New York State’s nor the Commission’s legitimate interests but
rather to benefit Respondent and Joseph Percoco and give reasonable basis for
the impression that Respondent has been improperly influenced in the
performance of his official duties.</span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
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<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><o:p> </o:p></span></div>
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<b style="mso-bidi-font-weight: normal;"><i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Background<o:p></o:p></span></i></b></div>
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<div class="MsoNormalCxSpFirst" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>In July of 2014, Respondent, while
employed by the State of New York, provided legal advice and counsel to Joseph
Percoco, a non-state employee, with no right to receive legal counsel from the
respondent, while Respondent was acting in his official capacity as Acting
Counsel to Governor Cuomo<i style="mso-bidi-font-style: normal;">.<o:p></o:p></i></span></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Mr. Agata in recent testimony in a
Federal criminal trial of Mr. Percoco testified under oath as follows,
establishing that Joseph Percoco was not a state employee in July of 2014:<o:p></o:p></span></div>
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<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Q. Turning back to Joseph Percoco, you said he was the
executive deputy secretary?<o:p></o:p></span></i></div>
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<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">A. Yes.<o:p></o:p></span></i></div>
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<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Q. When did he hold that title?<o:p></o:p></span></i></div>
<br />
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<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">A. He held that title from - - as far as I know, he came in
with that title January1, 2011.<span style="mso-spacerun: yes;"> </span>He left
the chamber sometime in spring of 2014, came back later in the year and resumed
that title. </span></i><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">(Percoco
transcript page 1105)<o:p></o:p></span></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">He then testifies as follows
regarding the provision of legal advice to Mr. Percoco:<o:p></o:p></span></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Q. Before you get to that, where did the second occasion
occur?<o:p></o:p></span></i></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">A. It occurred in Joe’s office in July of 2014.<span style="mso-spacerun: yes;"> </span>Joe’s office in Albany, the office he had in
Albany.<o:p></o:p></span></i></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Q. Let me pause you there.<span style="mso-spacerun: yes;">
</span>You said it occurred in July of 2014.<span style="mso-spacerun: yes;">
</span>That was after Joe Percoco had left to go work on the governor’s
campaign: correct?<o:p></o:p></span></i></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">A. That’s correct. . . .” (Percoco transcript page 1127)<o:p></o:p></span></i></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Then Mr. Agata continued as follows:<o:p></o:p></span></i></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">Q. So, generally. What did Joe Percoco ask you about in this
second conversation in July of 2014?<o:p></o:p></span></i></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; text-align: justify;">
<i style="mso-bidi-font-style: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">A.Joe was sitting at his desk, and he asked me to come
over.<span style="mso-spacerun: yes;"> </span>And he had mentioned to me that he
was looking to get - - do some work for a law firm and earn some money doing
work for a law firm, and, you know what kind of restrictions - - what kind of
problems would he have with, you know - - if any would he have with working
there.<span style="mso-spacerun: yes;"> </span>I asked him, does this law firm
have any business in front of the state? Would he be doing any work in front of
the State?<span style="mso-spacerun: yes;"> </span>And he said No. He said it
would be municipal work, labor work.<span style="mso-spacerun: yes;"> </span>And
I said, well, that’s - - anything, any projects at all in front of the
state?<span style="mso-spacerun: yes;"> </span>He said, No, nothing at all<span style="mso-spacerun: yes;"> </span>I said that’s great. . .</span></i><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"> (Percoco transcript page
1128)<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Mr. Agata further testified that he
documented his guidance to Mr. Percoco in a memo which was admitted into
evidence (Percoco transcript page 1129 - 1130)<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>In addition Respondent testified under
oath that he had provided Mr. Percoco with legal guidance regarding the use of
private aircraft for the governor’s campaign (Percoco transcript page 1147) and
the use of private aircraft for the New York State Democratic Party (Percoco
transcript page 1148).<o:p></o:p></span></div>
<br />
<div class="MsoNormalCxSpMiddle" style="line-height: 200%; margin: 1em 0px; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><o:p> </o:p></span></div>
<br />
<div align="center" class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt 0.5in; mso-layout-grid-align: none; text-align: center;">
<b><u><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">JURISDICTION OF THE COMMISSION<o:p></o:p></span></u></b></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; mso-layout-grid-align: none; text-align: justify; text-indent: 0.5in;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">The
Commission is authorized by Executive Law §94(13)(a) to commence inquiries into
credible violations of Public Officers Law </span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">§ 74</span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">.
Pursuant to Executive Law §94(17)(c), the Commission is authorized to conduct
any investigation necessary to carry out the provisions of Executive Law §94.
Pursuant to this power and duty, the Commission may administer oaths or
affirmations, subpoena witnesses, compel the attendance of targets or
witnesses, and require the production of any books or records that it may deem
relevant or material.<o:p></o:p></span></div>
<br />
<div class="Default" style="line-height: 200%; margin: 0in 0in 0pt; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>When the
Commission determines there has been a violation of </span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">§ 74(4), it is </span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">authorized to assess a civil penalty </span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">in
an amount not to exceed ten thousand dollars and the value of any gift,
compensation or benefit received as a result of such violation.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<br />
<div class="Default" style="line-height: 200%; margin: 0in 0in 0pt; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>In addition to any penalty contained in
any other provision of law any such officer, member or employee who shall
knowingly and intentionally violate any of the provisions of </span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">§ 74 </span><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">may
be fined, suspended or removed from office or employment in the manner provided
by law. <o:p></o:p></span></div>
<br />
<h2 align="center" style="line-height: 200%; margin: 10pt 0in 0pt; text-align: center;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">New York Public Officers Law<o:p></o:p></span></h2>
<br />
<div class="SingleBlock" style="line-height: 200%; margin: 12pt 0in 0pt; text-align: justify;">
<span style="font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;">
</span><span style="mso-spacerun: yes;"> </span>The conduct of Respondent Agata
has violated multiple provisions of New York law, summarized below, and justify
further investigation by the “Commission”.<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; mso-pagination: widow-orphan lines-together; page-break-after: avoid; text-align: justify; text-indent: 0.5in;">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">A.<span style="mso-tab-count: 1;"> </span>Section 74(3)(f) and (h)<o:p></o:p></span></b></div>
<br />
<div class="SingleBlock" style="line-height: 200%; margin: 12pt 0in 0pt; text-align: justify;">
<span style="font-size: 14pt; line-height: 200%; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin;"><span style="mso-spacerun: yes;">
</span></span><span style="font-size: 14pt; line-height: 200%;">Under Section
74(3)(f), a state official “should not by his conduct give reasonable basis for
the impression that any person can improperly influence him or unduly enjoy his
favor in the performance of his official duties.”<span style="mso-spacerun: yes;"> </span></span><span style="font-size: 14pt; line-height: 200%; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin;"><span style="mso-spacerun: yes;"> </span>Public Officers Law </span><span style="font-size: 14pt; line-height: 200%;">Section 74(3)(h) </span><span style="font-size: 14pt; line-height: 200%; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin;">requires</span><span style="font-size: 14pt; line-height: 200%;"> that a state official “should endeavor 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.”</span><span style="font-size: 14pt; line-height: 200%; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin;"> <span style="mso-spacerun: yes;"> </span></span><span style="font-size: 14pt; line-height: 200%;"><o:p></o:p></span></div>
<br />
<div class="SingleBlock" style="line-height: 200%; margin: 12pt 0in 0pt; text-align: justify;">
<span style="font-size: 14pt; line-height: 200%; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin;"><span style="mso-spacerun: yes;">
</span>Respondent has violated these sections of the Public Officers Law by offering
legal services to Joseph Percoco that were not part of his official duties as
Acting Counsel to Governor Cuomo. Respondent further violated these sections by
failing to recuse himself before engaging or refusing to engage in regulatory
actions affecting Joseph Percoco in respondent’s present position as Executive
Director of the “Commission”.</span><span style="font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span></span><span style="font-size: 14pt; line-height: 200%; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin;"><o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; mso-layout-grid-align: none; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Respondent’s actions in providing
legal advice to Joseph Percoco regarding employment by Mr. Percoco after he had
left State service clearly raises suspicion that such actions were not made to
further New York State’s legitimate interests but rather to benefit Respondent and
or Mr. Percoco personally, and further raises suspicion that such actions were
in violation of the respondents’ public trust and give reasonable basis for the
impression that he has been improperly influenced in the performance of his
official duties.<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; mso-layout-grid-align: none; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Respondent’s actions in providing legal
advice to Joseph Percoco regarding the use of a private airplane for travel by
Governor Cuomo’s campaign clearly raises suspicion that such actions were not
made to further New York State’s legitimate interests but rather to benefit
Respondent and or Mr. Percoco personally, and further raises suspicion that
such actions were in violation of the respondents’ public trust and give
reasonable basis for the impression that he has been improperly influenced in
the performance of his official duties.<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; mso-layout-grid-align: none; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Respondent’s actions in providing legal
advice to Joseph Percoco regarding use of private aircraft by the State
Democratic Party clearly raises suspicion that such actions were not made to
further New York State’s legitimate interests but rather to benefit Respondent and
or Mr. Percoco personally, and further raises suspicion that such actions were
in violation of the respondents’ public trust and give reasonable basis for the
impression that he has been improperly influenced in the performance of his
official duties.<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; mso-layout-grid-align: none; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Respondent’s actions in providing Mr.
Percoco a waiver from filing a financial disclosure report by May 15, 2015 clearly
raises suspicion that such actions were not made to further New York State’s
legitimate interests but rather to benefit Respondent and or Mr. Percoco personally,
and further raises suspicion that such actions were in violation of the
respondents’ public trust and give reasonable basis for the impression that he
has been improperly influenced in the performance of his official duties.<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; mso-layout-grid-align: none; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>Respondent’s actions in failing to report
Mr. Percoco’s use of state offices and resources after he had left state
service and was working for Governor Cuomo’s campaign clearly raises suspicion
that such actions were not made to further New York State’s legitimate
interests but rather to benefit Respondent and or Mr. Percoco personally, and further
raises suspicion that such actions were in violation of the respondents’ public
trust and give reasonable basis for the impression that he has been improperly
influenced in the performance of his official duties.<o:p></o:p></span></div>
<br />
<h3 style="line-height: 200%; margin: 1em 0in 0pt; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">B.<span style="mso-spacerun: yes;"> </span>Section 74(3)(d)<o:p></o:p></span></h3>
<br />
<div class="SingleBlock" style="line-height: 200%; margin: 12pt 0in 0pt; text-align: justify;">
<span style="font-size: 14pt; line-height: 200%;">Under Section 74(3(d), no official
“should use or attempt to use his or her official position to secure
unwarranted privileges . . . for himself, herself or others including, but not
limited to, the misappropriation to himself, herself or to others of the
property, services or other resources of the state for private business or
other compensated non-governmental purposes.”<span style="mso-spacerun: yes;">
</span>Here, Respondent has used his official position to engage in a series of
actions that have no legitimate State purpose. In doing so, Respondent has used
state resources, such as employee time and state equipment, to support his
efforts to benefit Mr. Percoco.<span style="mso-spacerun: yes;"> </span>In
addition, Mr. Agata has secured privileges for himself by continuing his actions
when there is no legitimate state purpose for doing so.<o:p></o:p></span></div>
<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt; mso-layout-grid-align: none; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><span style="mso-spacerun: yes;"> </span>When Respondent provided Joseph
Percoco a legal opinion related to employment after he had left state service
and at a time when Mr. Percoco was a private citizen and not a state employee.
Respondent used or attempted to use his official position to secure unwarranted
privileges for Mr. Percoco.<span style="mso-spacerun: yes;"> </span>Such action,
rather than vindicating any public right or obtaining any public relief clearly
raises suspicion that it is being undertaken in violation of the respondents’
public trust and were not made to further New York State’s legitimate interests
but rather to benefit Mr. Percoco and give reasonable basis for the impression
that Respondent has been improperly influenced in the performance of his
official duties. <o:p></o:p></span></div>
<br />
<div class="Default" style="line-height: 200%; margin: 0in 0in 0pt;">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><o:p> </o:p></span></b></div>
<br />
<h3 style="line-height: 200%; margin: 1em 0in 0pt; text-align: justify;">
<span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">E.<span style="mso-spacerun: yes;"> </span>Section 74(4)<o:p></o:p></span></h3>
<br />
<div class="SingleBlock" style="line-height: 200%; margin: 12pt 0in 0pt; text-align: justify;">
<span style="font-size: 14pt; line-height: 200%;">Section 74(4) of the Public Officers
Law provides: “In addition to any penalty contained in any other provision of
law any such officer, member or employee who shall knowingly and intentionally
violate any of the provisions of this section may be fined, suspended or
removed from office or employment in the manner provided by law.”<span style="mso-spacerun: yes;"> </span>It provides further that for intentional
violations of certain subsections, such as Section 74(3)(d), violators “shall
be subject to a civil penalty in an amount not to exceed ten thousand dollars
and the value of any gift, compensation or benefit received as a result of such
violation.”<span style="mso-spacerun: yes;"> </span><o:p></o:p></span></div>
<br />
<div class="SingleBlock" style="line-height: 200%; margin: 12pt 0in 0pt 0.5in; text-align: justify;">
<span style="font-size: 14pt; line-height: 200%;"><o:p> </o:p></span></div>
<br />
<div align="center" class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt 0.5in; mso-layout-grid-align: none; text-align: center;">
<b><u><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;">CONCLUSION<o:p></o:p></span></u></b></div>
<br />
<div class="SingleBlock" style="line-height: 200%; margin: 12pt 0in 0pt; text-align: justify;">
<span style="font-size: 14pt; line-height: 200%;">In conclusion, the complainant
believes that the evidence leads to the inexorable conclusion that Respondent’s
actions have violated several New York State laws governing the ethics of
public officials.<span style="mso-spacerun: yes;"> </span>We respectfully submit
that this matter warrants your immediate consideration and a thorough
investigation.<o:p></o:p></span></div>
<br />
<br />
<br />
All I can do is keep tilting at windmills and hope some JCOPE commissioner is willing to do their job and not simply follow orders<br />
<div class="MsoNormal" style="line-height: 200%; margin: 0in 0in 0pt 0.5in; mso-layout-grid-align: none; text-align: justify; text-indent: 0.5in;">
<b style="mso-bidi-font-weight: normal;"><span style="font-family: "times new roman" , serif; font-size: 14pt; line-height: 200%;"><o:p> </o:p></span></b></div>
David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-61446060006795355152018-01-30T08:24:00.002-05:002018-01-30T08:24:27.564-05:00Percoco trials first casualty AGATASeth Agata testified under oath yesterday at Joe Percoco's corruption trial.<br />
<br />
Did he provide expert witness testimony about New York's ethics laws? Not so much.<br />
<br />
He testified about legal advice he rendered to Joe Percoco about outside employment.<br />
<br />
At the time he provided that advice he was an acting counsel of some sort for the Governor. So what did his testimony show?<br />
<br />
While I will wait for the transcript upon which to base the series of complaints I will lodge against Agata, it appears he told Percoco to "not touch with a ten foot pole" any business Percoco may have with entities with business before the state. Sound if somewhat basic advice to give a former staffer. And therein lies the proof of Agata's problem.<br />
<br />
PERCOCO WAS A FORMER STATE EMPLOYEE<br />
<br />
Agata was a government lawyer paid by the taxpayers to represent New York State not private citizen Joe Percoco.<br />
<br />
His advice to Percoco is a clear violation of Public Officers Law section 74 (3) (d). Misuse of state resources.<br />
<br />
In addition he provided that advice to Percoco while witnessing Percoco misuse state resources in the form of his former office. Agata was the ethics officer don't you think he should have reported Percoco's use of his government office when he wasn't a government employee? "Gambling in this establishment I'm shocked" to quote Casa Blanca.<br />
<br />
Then there is the question of who Agata's client was when he provided that advice. Was it private citizen Joe Percoco? Was it Cuomo's election campaign whom Percoco was working for? Was it Cuomo himself whom I'm sure thought Agata would be protecting his interests? Was it the Governor's office? Was it the State of New York? It's an important question because lawyers including government lawyers like Agata have very strict disciplinary rules to follow. I'm sure the attorney disciplinary committee is paying close attention to the various lawyers involved in the Percoco corruption trial.<br />
<br />
And it gets worse for Agata. After providing Percoco a legal opinion Agata found himself running JJOKE (I wonder why?) and was in a position to check Joe Percoco's financial disclosure report to see if he followed the advice Agata provided while violating the public officers law. But surprise surprise he didn't do that "I see nothing I see nothing" He did his Sgt Schultz impersonation because Percoco failed to file that disclosure report. When called on the failure Agata doubled down and stated that Percoco did not have to because of some mythical unwritten policy that Agata decided to follow granting Percoco a waiver. <br />
<br />
How many violations of the Public Officers Law did you just count up?<br />
<br />
But no worries I am sure the commissioners at JJOKE who have a meeting today are diligently following the Percoco trial and starting investigations into all the Public Officers Law violations that have been testified to under oath.<br />
<br />
The simple solution here is for Agata to be fired or resign Today!<br />
<br />
But he won't<br />
<br />
At least we now know what makes Agata tick. He is a coward. Just following orders. Even from people that no longer have the authority to issue him those orders.<br />
<br />
Hey Seth have you been issued a set of kneepads for every government job you've held?David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0tag:blogger.com,1999:blog-8012724775250138264.post-60773579828975859082017-12-22T12:16:00.000-05:002017-12-22T12:16:04.457-05:00Merry ChristmasFor those of you waiting for this years version of Twas the night before rhyme I have to disappoint you. I've just been too busy servicing my clients, what with all the growth I have experienced and all the issues JJOKE has created.<br />
<br />
But that's not to say it has not been a merry holiday season as I just received written notification from JJOKE Director of Lobbying Andrew Bechard that he has withdrawn 36 separate late fee billing notices that JJOKE had wrongfully imposed on my clients. In response to my written objections pointing out how JJOKE was wrong in imposing the late fees in the first place Mr. Bechard (whom I have never met) admitted that the late fees never should have been imposed by JJOKE staff to begin with and stated that they had reviewed my arguments citing the proper application of the Lobby Act and "arguing against the late fees . . . and find them to be persuasive".<br />
<br />
Now ordinarily I would share with the regulated community the basis for my arguments since I am sure JJOKE has imposed late fees on many other lobbyists under the same legal theory I just successfully challenged, but that wouldn't be fair to the clients that pay me for that advice and protection. Suffice to say if JJOKE has imposed a late fee you don't think was fair call me for a consultation.<br />
<br />
Twas the night before Christmas and all thru the regulated community <br />
Lobbyists have realized its cost effective and safer to just hire ME<br />
<br />
<br />
David Grandeauhttp://www.blogger.com/profile/10311177886642018014noreply@blogger.com0