Kevin Gagan's conflict of interest

I am by my nature a curious person.

It always served me well when I ran the Lobby Commission.  I couldn't help myself I had to know what the lobbyists and public officials were up to.

It resulted in the Philip Morris gift case.
The Donald Trump unregistered lobby case.
The David Paterson airplane gift case.
The Shelly Silver Caesars gift case.
The NY Yankees gift case.
The Madison Square Garden gift case.
The Correctional Services gift case.
The AT&T lobby violation case.
The GTECH lobby violation case

The list goes on and on but they all involved my curiosity about how the worlds of lobbying and government interacted.

This curiosity also got me in trouble with powerful people all the time including:
Elliot Spitzer
Sheldon Silver
Joe Bruno
David Paterson
Donald Trump
and too many lobbyists, public officials and CEOs to count.

In the end it got the lobby commission abolished and ended my public career.

On the up side I can look at myself in the mirror and know I was an independent ethics enforcer.

Colorful, arrogant and willing to play by my rules and not the rules imposed by a corrupt system and yes I will admit I spoke to the media all the time when it advanced the cause and would again if I ever get that chance which brings me to Kevin Gagan and his conflict of interest.

I've been trying to meet Mr. Gagan for over 2 months, ever since he was appointed by the outgoing head of JJOKE to become the new head of JJOKE.  And be honest LT that was exactly what you did.  No one hires a person for $20k more than they are making to play second fiddle, especially if you knew you were leaving.  And Kevin be honest, will you be staying if you have to work for the person JJOKE selects instead of you for the top job?

For the last week I called every day sometimes twice a day to extend the invitation.  You see once Gagan didn't return my calls I became curious, it's just a habit.

Finally Gagan sends me a message thru a low level clerk "he will not be returning your call as he has applied for the job of executive director and it would be a conflict to meet with you since you have applied as well"

WOW Kevin must be a really deep thinker because I can't figure out what the conflict is.

So being the curious fellow I am I tell Times Union reporter Chris Bragg that Gagan has confirmed he is a candidate for the top job, and I let Bragg do his thing.

Lo and behold Gagan gives him an extensive on the record interview.  Spending a large part of Friday afternoon talking and emailing Bragg.  The resulting story can be found here

http://www.timesunion.com/local/article/JCOPE-hire-that-sparked-controversy-vying-for-top-6602083.php

Now this story gives me some hope that Gagan may be different than the previous JJOKE and PIC heads, you see this is the first time I can recall anyone in his position doing an interview since I held that job.

Of course it also brings up many new questions that need to be asked.

Was it a violation of the Public Officers Law for Gagan to do an interview and use state resources to advance his own personal position?  After all his candidacy is not something he should be working on while on  state time.

How did Gagan know I applied?  Did he actually see my application because that would be using his official position to benefit his personal situation, another violation.

And on that point why is Gagan allowed to be in meetings with people at JJOKE discussing the search for the next executive director?  The other 70 applicants don't have that advantage.  Maybe Gagan should resign while his application is pending to avoid the appearance of impropriety.  If you think coffee with another presumed applicant is a conflict what is using your position at JJOKE to get a leg up on the competition?

If he was relying on what I have written in the blog to establish I have applied he needs to sharpen up his investigative skills because I lie all the time on the blog.

Having aired some possible issues Gagan's actions have brought to the public eye lets turn to his actual comments in the interview.

My personal favorite is the following:

 "Gagan said he was too new at JCOPE to have specific ideas about reforms for the oft-criticized watchdog, but he found the prospect of leading its staff compelling." 

Let me translate.  I have no idea how to run this agency but I am absolutely certain I am the right man to do it.

How about this one:

"The idea that I'm a Cuomo lackey is funny," Gagan said. "Those who know me well find it rather comical."

I like a good laugh Kevin who are these people that know you well that can explain to us that it is comical?  On paper you have relied on Cuomo for your last three jobs including traveling around the state defending the Governor's Safe Act.  I think there is a presumption that you are a Cuomo lackey until you prove otherwise.  I was a Bruno lackey so I know what a lackey looks like.  But you can prove your independence from Cuomo just put together a list like mine at the top of this blog.  I'll give you a freebie Cuomo violation that you can prove your independence with.  Investigate the governors book deal and it's promotion.  Did he cut a deal with a client of a lobbyist that amounts to an illegal gift?  Did he use his state office to promote his book?  You can read my previous blog entries about these issues to save some deep thinking.  Look into Cuomo's actions and then you are Cuomo lackey no more of course you are also unemployed but worse things can happen to a talented manager with expertise in ethics.  Wait a minute you don't have that expertise in ethics or management do you Mr. Gagan?  Don't worry you can get on the job training after you are hired as the next executive director.

And make no mistake you will be the next executive director, which means saying ""It's not up to the governor, it's up to the 14 commissioners," Gagan said. "I'll respect whatever they decide." is not a good idea.  The governor may read that and decide you are telling the truth in which case you will have to leave and go work at the Tax Department with the other former executive directors who couldn't handle the job.

And that Kevin is why I wanted to have coffee with you.  I was just curious what kind of executive director you will be and I wanted to see if you would listen to my advice.  Some that have come before you have and some haven't. 

At the end of the day it just determines how I go about satisfying my curiosity about what's going on at JJOKE.

But Kevin . . . a conflict of interest?  having a cup of coffee and meeting someone who practices in this field is a conflict of interest?  really?  You've got to do better than that.

I'll see you for coffee Wednesday or Thursday and we can talk about it and decide if we are going to get along or hate each other.

But I warn you I am an arrogant asshole . . . but my research and your recent interview shows you may be in touch with that emotion already.

Pigs are flying

They must be because I am about to say something I never thought I would ever say

JCOPE just did one of the bravest most meaningful ethics reform measures that I have witnessed in the last decade.

They issued a draft opinion that if adopted will change forever the way elected officials in Albany raise money.

You can read it here
http://www.jcope.ny.gov/advice/proposed%20regs/Proposed%20Advisory%20Opinion.pdf

This opinion will stop the Governor, the Controller, the Attorney General and members of the legislature from soliciting or accepting campaign contributions from those subject to active investigatory actions.  And it gets better, the definition of active investigatory actions is broad enough to include many many regulatory acts that will effect New York's large banking, insurance, real estate, union, casino and virtually all other industries.  It will even reach to those individuals being audited by the Tax Department, although how a campaign would know who is being audited is beyond me.

Now of course the JJOKE group that wrote the opinion have no clue of what the real world is like so all the problems inherent in a sweeping opinion such as this will come flooding in and the opinion will never be issued but I need to know

DID JJOKE NOT RUN THIS BY THEIR APPOINTING AUTHORITIES?

DID THE GOVERNORS OFFICE ACTUALLY APPROVE?

DID ANYONE AT JJOKE REMEMBER THEY REJECTED DONALD TRUMPS COMPLAINT THAT ERIC SCHNEIDERMAN DID EXACTLY WHAT THIS OPINION PROHIBITS?

Why haven't the good government groups issued press releases praising JCOPE for their heroic actions?

Someone please tell me who at JJOKE thought of doing this opinion.  I want to nominate them for ethics hero of the decade.

And then help them find a job after they get shit canned for putting the Governor in such a tight spot

When it comes to wasting time and money JJOKE is tops

I have to admit that I am an addict.

I'm addicted to JJOKE meetings.  Now I've been attending JJOKE meetings for years and COPI meetings for years before then.  I used to go to the old COPI meetings when Cherkasky was the Chairman just to torture him during the public question portion of the meetings.  Now I go to JJOKE meetings, even though there is no opportunity for public questions (I will admit my running dialogue with commissioners is my version of the old public question session) just to watch the personal dynamics of commissioners that dislike one another and are finally realizing how little they understand the issues.  On that point I feel Marvin Jacobs deserves special praise.  Marvin has finally woken up,  much like Rip Van Winkle, and is making up for lost time.  Based on his recent performances, Marvin is one hell of a lawyer and a genuine tough guy for JJOKE purposes.  He won't be bullied by Chairman Horwitz and he is smarter than virtually all of the other commissioners.  Where were you for the last three years, Marvin?   Better late than never I guess. 

On the other end of the scale is Joe "cave in" Cavullo (I know it's Covello but really who cares).  I used to think Joe was pretty good as the "fun" commissioner.  He made the meetings, spoke occasionally and seemed to have a sense of who he was in the overall scheme of JJOKE incompetence.  Now he is part of the dissidents voting in lockstep with Marvin and George Weissman, but I'm not sure he knows why other than someone in Nassau County told him to.  (Memo to Horwitz if you want Joey Cave In to go along have Andrew talk to Alfonse who can have someone talk to Joe, I'm sure he will start behaving).  Joey Cave In and I have always gotten along although he keeps calling me Gastineau which I guess is his shorthand for Grandeau.  I told him during the meeting I thought it was rude of him to purposely keep mispronouncing my name (ironic huh?) especially since I have offered him my resume and writing sample in the form of one of my promotional brochures as part of my application to become the next executive director.  He responded that I was thin skinned, I responded by flipping him off (watch the meeting closely and you can see it just before they lose the connection to the remote commissioners).  Joey Cave In then said that I should not complain about a mispronounced name since I spelled Joey's name wrong in a previous blog although he quickly added that he never reads my blog.  Right Joey you don't read it, someone else read it to you, that's why you are perfect for JJOKE, lazy, slow witted and politically controlled makes you a great JJOKE commissioner Joey.  The fact that as a taxpayer my taxes fund the $300 you make every meeting is particularly galling.  It's a waste of taxpayer money but not nearly as big a waste of taxpayer money as others in that room.

As I sat in the meeting I started to count up all the waste, the total was astounding.

Lets go around the table.

At the end by the door you have the Director of Public Information, Walter J McClure Jr. who makes $78752 and as much as I can tell his sole job is to open and close the door and say no comment (total wasted $78752)

Next is Stephen J Boland the administrative officer who makes $114710 and presented the total amounts spent by JJOKE to date.  Shouldn't Steve be explaining where the salaries for the new hires come from? how they were authorized? the internal controls that he follows to insure against new appointees being paid whatever an outgoing executive director feels like paying (total wasted $193462)

To Stephens right I think is Stacey Hamilton the Manager of training who makes $120000, I say I think because she has never spoken and I can't think of why she would need to attend a commission meeting unless she was going to provide the commissioners a training, something I would pay to watch. (total wasted $313462).

To her right is John Harford the Deputy Counsel who makes $132000.  Another mute JJOKE staffer but I guess he is there to provide Gagan moral support and play Robin to Gagan's batman (total wasted $445462).

Speaking of ED in waiting Kevin T Gagan, who sits across from Harford, the man has not said one word in any of the meetings he has attended nor has he done anything but scowl.  He makes $165944 the highest paid JJOKER staffer in history (total wasted $611406).

Skipping Commissioner Seymor Knox who has never spoken in his entire tenure on JJOKE you get to the women taking notes Deborah Novak who makes $77598 as a confidential assistant.  I don't know who she is confidentially assisting but she used to be a secretary at the old lobby commission.  Hired as a friend of Jeanine Clemente, she is a competent secretary but not worth $78k, I'll leave her out of the waste total since she actually provides a function, she's overpaid but she is working.

And speaking of Jeanine Clemente, she wasn't at the meeting but she was mentioned although not by name.  You see Jeanine retired in the spring from the job now held by Boland.  She is collecting a very healthy state pension but lo and behold she was hired back by JJOKE as a part timer to "work" on the new lobby application.  She makes $55.98 an hour on top of her state pension and I'd be willing to bet she will max that part time status out at $30000.  What I wouldn't bet on is if she really shows up at JJOKE to work part time. the real question is why they need her to do this work.

Swinging around the table we come to Monica Stamm who makes $154525 and is worth every penny.  My question is why isn't she the acting executive director?  It would solve all of Marvin and George's strict construction issues on delegations.  She would be appointed unanimously and I know Commissioner Romeo has suggested it to Horwitz (I know because I suggested it to Romeo during the meeting and he immediately suggested it to Horwitz) but Horwitz doesn't want Monica to have the title.  I checked around and it appears two things are in play.  First the Cuomo crowd doesn't want an acting ED to muddy the waters for Gagan to get the job and second Monica isn't fully trusted by the Governors office.  She is a Biben person not a first generation Cuomo apparatchik.

Continuing down the table there are a couple of staffers whose names I don't know and who have never said a word.  If anyone can identify these wasted seats let me know and I'll add them to the waste total.  Last at the table is Lori A Donadio the investigative assistant who makes $66780.  Now Lori never speaks and her boss isn't at the table, he sits on the sidelines and I'll get to him in a moment, but why is Lori there?  As near as I can tell she is there to fill water and coffee cups. (total wasted $678186).

Along the wall we have two female JJOKE staffers who just sit there with there mouths agape and a confused look on their faces, gotta be lawyers but I'll be damned if I know who they are or what they do.  I'm going to estimate their salaries at approx. $90000 each since that's what junior lawyers at JJOKE make (total wasted $858186).

Then we come to Investigator Patrick Coultry who makes $118784.  Why are you sitting in the meeting Patrick?  You are adding nothing to the meeting and you should be back in your office or on the street investigating some ethical violation.  But wait now it makes sense.  You must be undercover investigating the violations of the Public Officers Law that occur among the commissioners and their appointing authorities.  I can't wait to see that prosecution.  (total wasted $976970)

And last we have the two JJOKE thugs who sit behind me at the meeting.  Wimpiest thugs I've ever encountered.  I asked the younger one if he was Terence M Mulderrig an investigator who makes $101728.  He lied and said he was not,  So I asked if he was Peter J Smith an investigator who makes $80535.  He said he wasn't.  I then said it is a bad idea for a JJOKE investigator to lie about his identity and that he should stop acting like a hard on irish cop and fess up.  Terrence smiled like his mom just caught him jerking off with her thong and admitted he was Mulderrig and the old mute dude with him was Smith.  Now other than sit behind me and try to get me to behave what were they doing wasting time in that meeting room?  They should have been out with Coultry collecting information on the Governor's trip to the world series game.  When the governor was a wannabe governor he got COPI to use a world series game to destabilize the always shaky Governor Paterson.  How was this game in Kansas City that the Governor and members of his staff attended with the Mets owner any different?  If the Governor truly used campaign funds was that a legal use of those funds?  I know he has done it before for a Ranger hockey game but shouldn't JJOKE at least verify it?  NO instead they should all sit and watch the idiots that pass for JJOKE commissioners argue about transparency (total wasted $1159233)  THAT IS OVER $1 MILLION DOLLARS WASTED IN THAT ROOM.

When I am Executive Director everyone of them will be fired and we will investigate the commissioners themselves and the governor's trip to the world series along with a long list of violations that have been swept under the rug.

Speaking of violations swept under the rug.  Does anyone remember the Trump complaint against Eric Schneiderman?  Trump alleged Schneiderman violated the law by soliciting campaign contributions from Trump and family while investigating Trump.  JJOKE refused to act until forced to by a court decision.  And then it dismissed Trumps complaint, we don't know why nor does Trump because its all confidential.  But lo and behold at the end of the meeting JJOKE slipped up and discussed a draft opinion in public session (thank you Marvin) which makes the document subject to FOIL and also by JJOKE rules should have been published on the web site.  This is important because it appears in the opinion JJOKE has ruled that elected officials can not accept donations from those they are investigating (no shit).  Did they forget what they did in the Trump case?  I can't wait until presidential candidate and David Grandeau and Associates client, Donald Trump, gets his hands on that opinion.

Addiction is a powerful emotion.

Dude I gotta slam that JJOKE junk in my veins all the time.

What we can expect if DiFiore is named chief judge

http://davidgrandeau.blogspot.com/2012/01/mark-twains-definition-of-insanity.html

And Cuomo wants to make her the Chief Judge of the Court of Appeals?

Well at least her parking problems should be over.  Now about the nannygate rumors

Make no mistake I have applied

To JJOKE for the vacant position of executive director.

I spoke with several commissioners at the last JJOKE meeting and I called Holly Levy and Monica Stamm to formally apply, neither one took my call (memo to self fire Holly and ask Monica to promptly return my calls when I am the executive director).

To make sure my hat was officially in the ring I sent the following email today:

From: grandeau@ix.netcom.com

To: jcope@jcope.ny.gov

Cc: hhorner106@aol.com, bragg.chris@gmail.com, DDopp@plynchassociates.com, FLeBrun@TimesUnion.com, jvielkind@capitalnewyork.com, Letizia.Tagliafierro@jcope.ny.gov, Martin.Levine@jcope.ny.gov, Michael.Gormley@newsday.com, MVirtanen@ap.org

Subject: executive director

Date: Oct 23, 2015 10:14 AM

Attachments: 07+GRANDEAU+BROCHURE+08+ALL[1].pdf

I am applying for the position of executive director that you have posted.  I have already made my application known to Commissioners Jacobs, Cavullo, Weissman, Romeo and Levine.  I have also left a voicemail for Holly Levy and Monica Stamm notifying them of my application.  During the above referenced notifications I have informed you that I will not be providing a resume or writing samples.  As to the resume, you know who I am, if you don't just read this http://wamc.org/post/blair-horner-perfect-storm-ethics-reform#stream/0.  I am the formidable candidate Mr. Horner is referring to.  I will attach one of my promotional brochures if that helps with your bureaucratic needs.  As to writing samples you are directed to the written opinions of the Lobby Commission from 1995 until 2007, as I wrote them, or you can read my blog at www.davidgrandeau.com, something many of you already do.  Let me know when I can expect to be interviewed.   David Grandeau Now lets see if I get an interview.   Now for my many clients that might be unreasonably worried that I will be exiting my consulting practice. Not a chance.   First I am loyal, I would never leave a client.   Second I like my lifestyle I really really do and I would hate being a state employee again.   So you might reasonably ask why am I applying to be the executive director?   That answer is simple.   I am crazy and JJOKE doesn't have the balls to call my bluff.   Think of it this way I am playing poker with JJOKE and showing them my cards and they still will not win the hand.   If they don't offer me the job Blair Horner's insightful analysis comes true, whomever they give the job to better be a better choice than I am.   If they do offer me the job it will only be after the greatest interview ever reported on live by the Albany media. I guarantee a show and I have a lot of questions I want to ask JJOKE in front of an audience and I would get a chance to enter into a negotiation that would make Congressman Ryan blush.   And for those in the lobbying community that never retained me you better hurry up and hire me just in case. Think of that as ethical extortion. Or sarcasm for those of you who take this stuff too seriously   Now shuffle up and deal, because I am going all in.

Casey Seilor and monkey feces

Casey has an item today about some WSJ reporter who tweeted an inaccurate quote about Hillary Clinton which was then retweeted by a host of other tweeters, Casey included, until Casey pointed out the WSJ reporters error.  A big attaboy for that shining example of journalistic ethics by Casey.

Now it's no secret that Casey and I do not get along.  He is fixated on my lack of punctuation and I am fixated on his lack of talent as a reporter.  But this classic Casey piece where he takes the journalistic high ground, trying to make others feel inferior while reporting nothing of substance set off a bell in my head. 

Didn't Casey write something last week about JJOKE that sounded familiar?

So I went back and checked.  Casey reported on a JJOKE press release announcing midyear lobby data.  The JJOKE press release contained the following original material.

"As of June 30, 2015, there were 5,602 individual lobbyists reported on lobbyist registrations in New York State, representing 3,448 clients.

Of the approximately $131 million in total lobbying spending for January through June of 2015, approximately $101 million was spent on compensation to retained and in-house lobbyists, and $30 million in advertising, events, and other expenses. The top 10 professional lobbying firms received more than $35.3 million in total compensation and reimbursed expenses, led by Wilson Elser Moskowitz Edelman & Dicker, LLP, which received $5.5 million. The largest amount paid by a single client to a lobbyist was $531,000, which was paid by the French outdoor advertising company JCDecaux North America to Greenberg Traurig, LLP."

Casey's report was written as follows WITHOUT quotations:

Of the approximately $131 million in total lobbying spending for January through June of 2015, approximately $101 million was spent on compensation to retained and in-house lobbyists, and $30 million in advertising, events, and other expenses.

As of June 30, 2015, there were 5,602 individual lobbyists reported on lobbyist registrations in New York State, representing 3,448 clients.

The top 10 professional lobbying firms received more than $35.3 million in total compensation and reimbursed expenses, led by Wilson Elser Moskowitz Edelman & Dicker, LLP, which received $5.5 million. The largest amount paid by a single client to a lobbyist was $531,000, which was paid by the French outdoor advertising company JCDecaux North America to Greenberg Traurig, LLP.

As you can clearly see Casey did no original writing, he merely moved one sentence from the press release to the middle of his non original piece.

That is at a minimum about as lazy as you can get, at it's worst it is plagiarism, which should be a firing offense even at the Times Union.

Hey Casey maybe that monkey shit reporting works when you are in Burlington Vermont writing reviews of High School musicals, but when you cover JJOKE you need to at least use quotations.

And I'm the one that's comma challenged?

It's the people stupid!

UPDATE

A quick google search on plagiarism and press releases found the following:

"the Arizona State University’s Cronkite School of Journalism and Mass Communication:
“A good reporter will use the press release as a starting point, going on to do his own reporting and gathering his own quotes. If you do use information from a press release, however, the rules of attribution apply.”"

That by the way is from an article in PRSAY titled "Of Press Releases and Plagiarism

Posted by Gerard Corbett in July 20th 2012"

 

Is that the proper way to use quotes Casey?

Volker is tone deaf on independence and ethics

Former Senator, Dale Volker presided over what may have been one of the most underwhelming public hearings on ethics ever held, and that is quite the accomplishment.  Ordinarily I would post a link for the readers to watch but I can not subject you to that.  If you want the link go to Chris Bragg's story in the Times Union http://blog.timesunion.com/capitol/archives/241851/jcope-review-chairman-says-he-asked-cuomo-for-staff/ and be prepared to waste a couple of hours, I did.

Bragg's article does point out though a very telling request made by Volker of Cuomo for staff to do the work of the JERKOFF commission.  Telling for several reasons.

First it should garner Volker an award for most tone deaf statement made by an independent review commission charged with determining if outside political influence has had a role at JJOKE.  I'm pretty sure Preet will not ask Shelly or Dean to borrow their staff to help in his investigation.  Nor would Spitzer ask Silda to use her credit card to book that hooker.  Now I admire Dale's honesty in telling us he did actually ask Cuomo for staff but COME ON MAN you can't be serious that you are so unaware of your role as to actually do that.

It makes my FOIL request for communications between JERKOFF and the Cuomo administration even more important.  Channeling Dale let me be honest, when I asked for those communications I was taking a shot in the dark, I didn't really believe JERKOFF would be foolish enough in this environment to have communications with Cuomo.  Now we know they did all that is left is too watch how far JERKOFF will go to cover it up.

After watching Dale complain about the lack of staff and amount of paper they have collected (and yes I will want to read every document) I know what Volker's next move is.  It will be the same one every other unpaid member of an ethics panel that steps on their dick does.  He will say they are volunteers and don't have the time or resources to do the job.  Big surprise.

Now it is left to some poor volunteers from New York Law School to write a report about an issue they have no real feeling for nor data to work with.  JJOKE is not a proper subject for a law review article. 

Mr. Volker save us all the trouble of reading a poorly researched, boring rewrite of the same old same old good government horseshit we've read before and just say that because of a lack of cooperation from JJOKE no report can be written.

IT'S THE PEOPLE DALE, including you.