Kehn beats Gorman for second Troy judge seat; Maier cruises to another term

KEHN

Jill Kehn will become the second city court judge alongside incumbent Judge Chris Maier, who led the three candidates running for two spots on the bench, according to unofficial results from the Rensselaer County Board of elections.

When she is sworn in on Jan. 1, she will become Troy's first ever female city court judge.

Kehn, who ran on the Republican, Conservative, Independence, Green and Working Families Party lines, ended up with 30.48 percent, or 4,457 votes to Democrat Keith Gorman’s 24.74 percent, or 3,618 votes. Maier, a Democrat who had four additional lines, ended with 44.55 percent, or 6,515 votes.

GORMAN

The newly created position carries a 10-year term.

Gorman beat the Democratic Party’s pick, Troy Corporation Counsel Ian Silverman, in a primary to earn a spot on the ballot.

MAIER

Kehn came under fire when it was revealed her law license was suspended from 1999 to 2005 because she failed to follow the two-year registration requirements. It was also disclosed she practiced law during the time her license was suspended. She said she was unaware of the suspension because she was raising her children, taking care of an ill family member and had moved.

Troy City Court judge race shapes up after primaries

MAIER

Keith Gorman, in his first bid for public office, is in second place by an unofficial count of 31 votes, 678 to 647, over Corporation Counsel Ian Silverman in the Democratic Party primary for two seats on the Troy City Court Judge.

Incumbent Judge Chris Maier finished well ahead of the pack with 1014 votes.

Silverman had the backing of the Democratic Party proper – as did Maier – and late in the campaign Mayor Lou Rosamilia sent a flyer to voters endorsing the city’s top attorney.

GORMAN

Gorman, a long time attorney, however, seemingly came out of nowhere and was staunchly supported by the faction of Democrats headed up by Council President Rodney Wilshire.

How many absentee ballots are out is unclear.

Meanwhile, Republican Jill Kehn and Maier won the Conservative Party primary getting 133 and 110 votes, respectively. Silverman finished a distance third with 44 votes.

KEHN

Maier and Kehn won the Working Families Party primary with 40 and 32 votes, respectively. Gorman finished with 21 and Silverman with 10.

Kehn and Maier won the Independence Party primary with 103 and 90 votes, respectively. Silverman and Gorman finished well back with 44 and 40 votes.

Maier and Kehn also won the Green Party primary with 8 and 5 votes, respectively while Gorman finished with 3 and Silverman with 1.

SILVERMAN

If all things remain constant after the absentees are counted and the results are deemed official, Maier will have the Democratic, Conservative, WFP, and Independence and Green Party lines in November.

Kehn will have the Republican, Conservative, WFP, and Independence and Green Party lines.

Gorman will have the Democratic Party line and Silverman will not be on the ballot.

Here is a link to all unofficial primary results in Rensselaer County.     

Three Troy judicial hopefuls vie for Democratic Party line; four battle for minor party lines

Three candidates are running for the Democratic Party primary for two seats on the Troy City Court bench.

Incumbent Chris Maier is looking for a second ten-year term and he will square off against Corporation Counsel Ian Silverman and attorney Keith Gorman on Tuesday.

Maier’s seat is open as is a second seat created last year by the state Legislature.

The Democratic Party has endorsed Maier and Silverman while the faction of Democrats that aligned themselves against Chairman Tom Wade - namely Council President Rodney Wiltshire and Councilman Ken Zalewski -  is solidly Gorman.

The Republican candidate is Jill Kehn.

The four candidates will also fight for number of minor party lines on Tuesday.

Maier, Kehn and Silverman are all on the ballot for the Conservative Party.

All four are on the ballot for the Working Families Party as well as the Independence and Green Parties.

Polls are open Tuesday from noon to 9 p.m.

Here is a link to all of the primaries in Rensselaer County.

Council votes to issue subpoenas; Kopka grills Wiltshire

KOPKA

The City Council voted, by a count of 6-3, to allow President Rodney Wiltshire to issue subpoenas in the ongoing investigation into demolitions on King Street and at the King Fuels site and the administration’s oversight of the Code Department.

The ordinance was passed without discussion, but Councilwoman Lynn Kopka, D-At Large, asked some pointed questions of Wiltshire at the Finance Committee meeting prior to the regular meeting. She, along with Councilmembers Erin Sullivan-Teta, D-At Large and Gary Galuski, D-District 6, voted against the ordinance.

Kopka asked how much money it was costing – mainly for the stenographer to make a record of the five public hearings - and where the money was coming from since the Council budget is already “in the red.” Wiltshire said he didn’t know. And Kopka said “I can tell you it’s over $5,000.”

“Where is the funding to pay these bills?” Kopka asked.

“We’ll have to move some money from the general fund,” Wiltshire said.

WIlTSHIRE

“So you saying the Executive Branch will be transferring the money to our budget,” Kopka said with a hint of sarcasm, alluding to the expectation that Wiltshire will subpoena Mayor Lou Rosamilia, Deputy Mayor Pete Ryan and Corporation Council Ian Silverman.

“It’s our duty to perform the responsibility as a Council and performing these hearing is something that is our right and something the citizens deserve,” Wiltshire said. “You can’t put a cost on that.”

“In other words we don’t have the funds,” Kopka fired back.   

She later asked about other agencies that are looking into the demolition projects – like the FBI, the state Department of Labor, and Department of Environmental Conservation and the Environmental Protection Agency. Wiltshire wouldn’t verify any of them, but said there are other agencies taking a look.

ROSAMILIA

“Those outside agencies have far more experience … why is the city Council continuing our own investigation?” Kopka asked.

“Our investigation is for processes and procedures that occur within city government, which is within our purview,” Wiltshire said. “The investigations that the other agencies may or not be performing are criminal in nature. And we are not conducting criminal investigations.”

“Can you verify that they are conducting criminal investigations?” Kopka asked.

 “I will not verify that at this time,” Wiltshire answered.

“In July you told us met with the FBI, can you tell us details of that meeting?” Kopka asked.

“I can tell you it occurred,” Wiltshire said.

“What other state or federal agencies have you met with?” Kopka said.

“I’m not going to answer that,” Wiltshire said.

“And who initiated the meetings?” Kopka asked.

KING STREET DEMO

“The unverified agencies initiated them,” Wiltshire said before asking if anyone else had any questions.

A Sept. 18 deadline to issue the subpoenas was also approved, adding a week to the deadline in the initial ordinance that failed to pass at a special meeting because there were only five votes in favor. Since it was introduced the same night it needed six votes and Councilwoman Anastasia Robertson, D-District 2, was absent. She joined Wiltshire and Councilmembers Jim Gordon, R-District 1, Dean Bodnar, R-District 3, Bob Doherty, D-District 4 and Ken Zalewski, D-District 5.

It remains unclear when the Council will call the next hearing.

GARRETT

In previous hearings a number of city employees testified without having been issued a subpoena thanks to a deal Rosamilia struck with Wiltshire. They include Fire Chief Tom Garrett, Planning Commissioner Bill Dunne and his assistant Andrew Kreshick. Others who testified include Don Boyajian, the owner of the now demolished King Street property, officials from the companies who performed the demolition and former City Engineer Russ Reeves, who resigned amidst the controversy.

At issue is why the emergency demolition of the King Street buildings occurred while Reeves was on vacation, and why demolition crews failed to follow engineering instructions while they knocked buildings down there. Asbestos was not abated on King Street and the adjacent Bomber’s was allowed to remain open during the demo. Asbestos was also found scattered around the King Fuels site.

The Code Department came under fire when 51 Third St. was shuttered for not having a Certificate of Occupancy while the building was being used as a meeting place for people planning to protest allegations of police brutality during the Kokopellis melee. The building had been occupied for about a decade prior.  

 

 

Wiltshire doesn't get the votes to issue subpoenas

KOPKA

The Troy City Council failed to give President Rodney Wiltshire the authority to issue subpoenas because it only got five votes.

The ordinance was introduced Thursday, and as such needs a two-thirds majority to pass. But, Councilwoman Anastasia Robertson, D-District 2, was out of town and Councilmembers Lynne Kopka, D-At-Large, Erin Sullivan-Teta, D-At Large and Gary Galuski, D-District 6, voted no leaving the majority with just five votes.

If the ordinance was allowed to sit for seven days, it would only have needed five votes to pass. But, since it was introduced the same night as the special meeting called for just that purpose, according to the Charter, it needed six votes.

It did pass the Finance Committee meeting held prior to the special meeting by the same vote of 5-3, as did an amendment setting a Sept. 11 date for when the subpoenas had to be issued.

But at the special meeting, after it was declared passed by Wiltshire, Kopka pointed to a section of the charter that outlines the process for introducing and passing ordinances. Nobody, including the Democrats attorney, Joe Liccardi, had any choice but to agree with her since it is in black and white.

The five who voted in favor were Wiltshire and Councilmembers Jim Gordon, R-District 1, Dean Bodnar, R-District 3, Bob Doherty, D-District 4 and Ken Zalewski, D-District 5.

WIlTSHIRE

Sources close to the Wiltshire camp say the plan was to subpoena Mayor Lou Rosamilia, Deputy Mayor Pete Ryan and Corporation Counsel Ian Silverman in the Council’s ongoing probe or two controversial demolition projects and the administration’s oversight of the Code Department.

While Rosamilia did strike a deal with Wiltshire, and agreed to have members of his administration testify without subpoenas, he fell short of saying he would testify. The mayor is duly elected, and does represent a separate and distinct branch of government so whether or not the Council has the authority to compel him to testify is not clear.

Silverman is running in a three-way Democratic primary for two seats on the City Court bench. And many feel the timing of Wiltshire’s decision to re-start the hearings after more than a month of dormancy is to embarrass him before he faces incumbent Judge Chris Maier and attorney Keith Gorman.

The Council previously heard testimony from Fire Chief Tom Garrett, who ordered the buildings on King Street demolished by emergency decree while City Engineer Russ Reeves was on vacation. Reeves, who has since resigned, also testified as did Planning Commissioner Bill Dunne. Others, either employed by the city or who have or had a stake in the projects, also gave sworn testimony.

ROSAMIlIA

The FBI, the federal Environmental Protection Agency and the state Department of Environmental Conservation and Health Department are also looking into the King Street demolition as well as one at the King Fuels site.

Code Enforcement came under the gun after 51 Third St. was shuttered for lack of a Certificate of Occupancy. The building, which was occupied for about a decade, was being used as a staging ground for people planning to march in protest of alleged police brutality at Kokopellis night club.   

It’s unclear what Wiltshire will do. As it stands the earliest he could call another meeting is a week from Thursday, but Robertson is due back from vacation early next week so he could call another special meeting provided he gives each Council member 24 hours notice.

Council to vote on issuing subpoenas

WILTSHIRE

The city Council will hold a special meeting tomorrow night for the sole purpose of voting to give President Rodney Wiltshire the power to issue subpoenas in the ongoing investigation of two demolition projects and other actions by the administration.
According to sources, three people are in line to get subpoenas, Mayor Lou Rosamilia, Deputy Mayor Pete Ryan and Corporation Counsel Ian Silverman.

“Ordinance authorizing the city council president to issue legislative subpoenas to conduct the continuing investigation of city conduct and processes concerning the following: Demolition in and around the King Fuels site, demolition in and around the King Street site and oversight and direction of the Code Department,” is the lone item on the agenda.

ROSAMILIA

Previously, Rosamilia agreed to have members of his administration testify in front of the Council without a subpoena. Planning Commissioner Bill Dunne, Fire Chief Tom Garrett and others did answer questions regarding the three areas mentioned above.

But, while the Charter does give the Council power to conduct hearings and compel testimony from anyone working in city government - as well as get documents via a subpoena - the mayor is an elected official and as such represents a distinct and separate branch of government.

Also, Silverman is the city’s attorney answerable to the mayor so he could invoke the sacrosanct attorney/client privilege if he is called to testify. On the other hand, technically, he also works for the Council so, he could answer questions by virtue of the fact his boss is telling him to.

RYAN

According to the charter, anyone who fails to answer a subpoena and refuses to testify is guilty of a misdemeanor and can be punished with up to $1,000 fine and a year in jail. But the legal quandaries involving the mayor and corporation counsel have not been tested since this is only the second time in 36 years the Council has invoked its investigatory powers.

In addition to the Council investigation, the federal Environmental Protection Agency, the state Department of Environmental Conservation, the state Health Department and the FBI have also made inquiries about the demolition projects.

GARRETT

Last month, the two investigators from the EPA paid a visit to the home of former City Engineer Russ Reeves asking about the demolition projects. He and his assistant in his newly formed private practice, Barbara Tozzi, who retired from the city shortly after Reeves resigned, also answered questions from FBI investigators.

The buildings on King Street, which are owned by attorney Don Boyajian, were knocked down at the direction of Garrett – who deemed it an emergency - while Reeves was on vacation. Reeves, during his own testimony in front of the Council, said Boyajian previously asked the city could declare them a hazard and knock them down in the interest of public safety but was denied.

The wrecking ball swung prior to any asbestos abatement and while Bombers Burrito Bar, located next door, remained open.

Reeves also said the demolition at the King Fuels site was shut down because construction activity came dangerously close to a natural gas main and because the demolition crew ignored engineering opinions while knocking down buildings. Later, asbestos was discovered littering the site.

REEVES

During the previous hearings, the city’s decision to shut down 51 Third St. also came under fire. The building is owned by Igor Vamos, a professor at Rensselaer Polytechnic Institute and a member of the YES Men. It was used as a gathering place for people who were set to march in protest of alleged police brutality in the wake of the Kokopellis melee. There were questions as to who ordered the Code Department to shutter the building when it had been occupied for years.

The special meeting is slated for 7 p.m. in City Hall. More information as it becomes available.    

 

 

Primaries shape up in Troy judicial race

MAIER

There will be a three-way Democratic Party primary for the two open seats on the Troy City Court bench, in addition to a number of minor party skirmishes.

Incumbent Chris Maier is looking for a second 10-year term while Ian Silverman, currently the city corporation counsel, and attorney Keith Gorman circulated enough petitions to force a Democratic Party primary for the seat held by Maier and a new seat created by the state Legislature.

SILVERMAN

The lone Republican candidate for the two seats is attorney Jill Kehn.

Gorman, who is making his first run at public office and is bucking the party proper by waging the primaries, also filed petitions in the Independence Party, the Working Families Party and the Green Party.

Judicial candidates do not need a Wilson Pakula, or the party’s permission, to run on any particular line so long as a sufficient number of signatures are gathered.



KEHN

The top two vote getters after the primaries in September will be on the respective party’s line come November, and then the two top vote getters will win the seats. In other words, Maier is, in a way, defending his seat, but he is also in a pool of however many candidates are on the ballot for the two open seats. There could be more than three depending on how the primaries turn out.

Here is a breakdown of who collected signatures for what parties:

-Maier: D, I, WFP



GORMAN

-Silverman: D, I, WFP

-Gorman: D, I, WFP, G

-Kehn: R, C, I, WFP

The candidates are also just starting to raise money.

According to the latest financial statements files at the Board of Elections:

-Maier started the period with nothing, raised $6,355 and spent $3,244.

-Silverman started the period with nothing, raised $12,254 and spent nothing

-Kehn started with nothing, raised $11,743 and spent nothing.

-Gorman, who has an account open at the BOE, has not filed anything for the July disclosure. Candidates are not required to file until they begin actively fundraising and raise more than $1,000.

   

 

EXCLUSIVE: EPA, DEC investigators met with former city engineer

REEVES

Representatives from the criminal investigation units of the federal Environmental Protection Agency and the state Department of Environmental Conservation visited with former City Engineer Russ Reeves earlier this week.

Barbara Tozzi, who was Reeves assistant in City Hall before he resigned and she retired, was also present. She now works for Reeves in his private engineering practice.

The focus of the nearly three-hour meeting was controversial demolition projects at the King Fuels site and on King Street.

Sources said the two investigators inquired about who paid for what, but were more concerned with the procedures that were followed - or not followed. Sources said both investigators showed up at Reeves house armed and wearing badges.  

KING STREET DEMO

The names discussed with Reeves and their activities regarding both projects, according to sources, were Mayor Lou Rosamilia, Deputy Mayor Pete Ryan, Corporation Counsel Ian Silverman, Planning Department Commissioner Bill Dunne, attorney Don Boyajian, who owns the King Street buildings, Fire Chief Tom Garrett and others.

It's unclear where the investigation is headed but sources said the two agents were "well versed" on the two projects and already had a firm grip on what transpired.   

When contacted, Reeves said he could not comment.

According to the Times Union, the city Council turned over transcripts from its investigation to the EPA. Reeves was previously questioned by the FBI and sources say the three agencies are now working together in a joint federal/state effort to uncover what actually transpired in the Collar City.  At a hearing in front of the city Council in its ongoing investigation into the demolition projects, Reeves said Boyajian had come to the city looking for permission to take the buildings down by emergency decree. He was denied under the administration of then Mayor Harry Tutunjian.

Late last summer, Reeves went on vacation and the buildings were condemned by Fire Chief Tom Garrett and taken down. There was no asbestos abatement done and the building next door occupied by Bombers was allowed to remain open and patrons were seen walking in and out while the wrecking ball swung.

Buildings at the King Fuels site were taken down without following the recommendations of a licensed engineer. In addition, there are questions about improperly demolishing the buildings without conducting asbestos abatement.

The project was temporarily shut down when crews came dangerously close to a gas main that runs through the site.

Below is a video depicting the demolition of a building at the King Fuels site. It's relevant to the investigation and just too funny not to post again. Warning: it contains graphic language.

 

More to King Fuels than a gas line and butting heads (DOCUMENTS)

REEVES

 The way I see it the administration had a choice … Planning Department Commissioner Bill Dunne or City Engineer Russ Reeves.

The two have clashed on more than one occasion and even came close to fist-a-cuffs at one point. This time, it appears, the administration made up its mind and went with Dunne because Reeves apparently had had enough and submitted his resignation earlier this week.

The latest dust-up revolves around the demolition of 12 buildings at the old King Fuels site in South Troy. The project was through the Local Development Corporation, a quasi-governmental body where Dunne serves as executive director.

In his resignation letter dated Monday, Reeves said engineering work was done by non-engineers and that the demolition crew had come close enough to a main gas line putting public safety in grave danger. As such, since he is the city engineer, he said his license was also in danger should anything have happened. There are a number of ancillary stories depending on who you talk to, but that’s the gist of it.

I’m not saying who is wrong or right, but despite the two not hitting it off the process at King Fuels has been ongoing and, to say the least, convoluted.

-On June 7, 2013 the LDC, which owns the King Fuels site, requested bids to take down 12 buildings. The RFB included performing an asbestos survey, asbestos abatement and the removal of all friable material.

DUNNE

-Before the bids were due on June 20, 2013 the LDC withdrew the RFB, citing the need for an asbestos survey first. The FRB clearly states the contractor who is awarded the bid would need to perform the asbestos survey but the lack of one is the reason it was withdrawn.

-In November, 2013, according to LDC minutes, two of the buildings were condemned and were to be taken down by emergency decree. The board said it had set aside $200,000 for the demolition and were entertaining three bids with the award eventually going to Provincial Contracting Services. Since the buildings were vacant for at least a couple decades, it’s unclear why the emergency demolition was necessary on the isolated, unpopulated site.

-In December, 2013, according to the minutes, Dunne told the board demolition could not proceed on two of the buildings – it’s unclear if it’s the two buildings mentioned above – until Reeves obtained an engineering report.

-In January, the LDC Facebook page shows photos of a company knocking down the former Benzoil building, one of the 12 listed in the June, 2013 RFB. The January minutes also mention an engineering report related to two of the buildings and to a gas line – presumably the one mentioned above that sparked the latest Dunne/Reeves pissing match.

-On March 1, a Saturday, the LDC again requested demolition bids using a website called BidNet, a site that charges either by the month or the year. The bids were due on March 6 and Casale Construction was low bidder out of five companies and was awarded the contract. Work on the site was ongoing until last Friday when it was shut down because of the gas line. It has since picked up again. Here are the TLDC March minutes. I'm awaiting the answer to a FOIL request to see the particulars of the RFB.

-When Reeves submitted his resignation he cited the gas line and public safety as the most recent threat to his engineering license, but he also referred to the controversial King Street demolition where patrons of Bombers were seen coming and going while the asbestos ridden building next door was demolished as per emergency decree. He was asked for an emergency demolition permit but refused, according to sources, so the demo was ordered by Fire Chief Tom Garrett while Reeves was on vacation.

-Reeves was invited to Albany by the FBI to talk about that project as well as redevelopment of the Scolite property and the controversial construction of sidewalks in North Central.

-Dunne is front and center in all three projects and some Democrats are wondering how much longer he will survive in his present position.

-The Council, according to President Rodney Wiltshire, is set to look into what transpired at King Fuels and it will be interesting to see if they utilize subpoena power.

-Reeves met with Mayor Lou Rosamilia, Deputy Mayor Pete Ryan and Corporation Counsel Ian Silverman Tuesday morning.

-There are fears in City Hall that the administration will go after some of those close to Reeves, for what reason I’m not sure but the fears are very real.

-I don’t think this one is over yet. Never let it be said I don’t have a knack for the painfully obvious.   

The FBI in Troy, now what?

Russ Reeves

Now that the Times Union disclosed the FBI are looking into three questionable deals orchestrated by City Hall – sidewalks in North Central, King Street demolition and Scolite – everyone is wondering what happens next.

It’s really anyone’s guess. Generally, the Feds take a look when something doesn’t quite pass the smell test and then determine if it stinks enough to warrant a full blown investigation or not.

We saw that process play out the Feds took a look at voter fraud, former County Executive Henry Zwack, former state Sen. Majority Leader Joseph Bruno, former political boss Ed McDonough and most recently the conduct of police during the Jan. 25 melee at Kokopellis.

Bill Dunne

Everything may not be peachy keen, but I think it’s safe to say the FBI will not proceed unless they think they and the Justice Department can get a conviction in federal court. Bruno may be the exception to that rule, but after nearly 10 years the Feds found themselves in too deep to back off now.

Anyway, according to the Times Union, City Engineer Russ Reeves and Corporation Counsel Ian Silverman were invited to Albany to answer some questions about the three aforementioned projects. It wasn’t the mayor, deputy mayor or the head of the Planning Department, Bill Dunne, the central figure in all three projects, it was people on the fringes who would know what happened.

If we look at the projects, they each have their respective odors:

Fire Chief Tom Garrett

-The new sidewalks in front of Freedom Square were initially said to be paid for by federal Community Development Block Grant money. It was later determined it was not included in the Council approved projects and – and I’m not certain of the sequence – the Sanctuary of Independent Media would pick up the tab, the city would pick up the tab and J.R. Casale would pay for it out of the goodness of his heart.

(As an aside, I’m hearing that’s not the only tab Casale offered to pick up as he has a new found penchant for helping out with weddings.)

-Someone ordered Fire Chief Tom Garrett to order an emergency demolition of the King Street properties adjacent to Bomber’s Burritos while Reeves was out of town. As the TU article pointed out, by declaring it an emergency saved the owner, attorney Don Boyajian, tens of thousands in asbestos abatement. Garrett doesn't get along with Dunne or Reeves and it's doubtful he would take such an order from either one of those two so it had to come from higher up - my guess is Deputy Mayor Pete Ryan or Mayor Lou Rosamilia.

The question is why it was declared an emergency when the buildings have been sitting vacant for years and there are others in the city in a worse repair and arguably should have been demolished before the King Street properties.

Mayor Lou Rosamilia

Another twist is that the Local Development Corporation, headed up by Dunne, came under fire by the state Comptroller’s Office, for giving Bombers in excess of $2 million without any collateral – in other words, Bombers doesn’t own the building or have anything else to borrow against.

-The city certainly has bent over backwards to sweeten the Scolite property for the company awarded the bid, R.J. Valente.

First, it changed the zoning before the property was sold, then it said it would build a new $9 million road, then it said it would allow Valente to put a down payment on the property and allow it to work the property, then it said it would take another chunk of land from Ludlow Valve and give it to Valente.

All those tangible benefits were not in the initial Request for Proposal issued by the city and as such were not extended to the other bidders, who, according to at least one bidder, would have bid the project differently. The Council’s Finance Committee passed the deal by a 6-2 vote and is expected to formally address it at its regular meeting on Thursday.

Times Union Photo: Deputy Mayor Pete Ryan
has a mess on his hands

I guess the questions are: did any money change hands, was favoritism granted for whatever reason (usually that one goes back to the first question) and who is going to take the fall should the FBI continue its probe? That last one should be fun since that's generally when the finger-pointing begins.

One more thought, it’s disheartening to have to read about an FBI probe in the Albany Times Union rather than the Troy Record. There was a time, not long ago, when The Record would have been all over it but instead we get how to dress while travelling as its main Sunday story. I heard about it last week but The Record took my Rolodex and with it, obviously, a number of my numbers.

Judicial candidates lining up (UPDATE)

MAIER

There are two judgeships up for grabs in Troy this year – the expiring term of City Court Judge Chris Maier and a newly created, fulltime position worth $113,900 a year for a decade.

Obviously, the Democrats will support Maier again. He’s been a solid judge, a proven vote getter and there is no real reason for voters to toss him off the bench.

The second spot is up for grabs but leading the pack for the party’s nomination is Corporation Counsel Ian Silverman, a former assistant district attorney who was appointed corp. counsel by Mayor Lou Rosamilia. He has served the party well in a relatively short time he’s been in the game and other Democrats interested will be hard pressed to get the nomination ahead of him, and harder pressed to win a primary.

On the flip side, Republicans are prepared to back attorney Jill Kehn, who in addition to having a private practice is an assistant Rensselaer County attorney, according to her Linkedin profile. She is also Troy Civil Court Judge Matt Turner's sister-in-law.

The GOP is still scrambling to find a second candidate, but given the pay scale and 10 years of job security, someone will take a shot at it.

One dynamic that is worth mentioning is the election will be similar to an At Large Council race in that the two top vote getters will win rather than a head-to-head race for each individual seat. I don’t know if it helps or hinders any particular candidate but it will make who shows up where on the ballot – and who is across from whom - all the more important.

Another dynamic is if Silverman gets the nod, which is all but a given, and wins he will have to give up the corporation counsel job. Who replaces him is less obvious, though, and one name bantered about is attorney Amy O’Connor. She is active within the party and savvy enough to help on the political end of things but she lives in Brunswick. Yes, residency requirements are often snubbed but with something as high profile as corp. counsel would be a tough sell.

Then again, Troy voters elected a Brunswick resident to the Council so who knows.

While O'Connor's name has been mentioned, I'm informed she has a full time job working as an attorney across the river for the state and taking the corp. counsel job would be a pay cut. Also, I'm informed, whoever takes the position will not be required to live in the city.

 

UPDATED: Premo to Mayor Lou: Go back to Kindergarten

Here is an email exchange that started with Councilman Bob Doherty, D-District 4, first criticizing the attorney for Chief John Tedesco, Brian Premo, for coming on my show Sunday and then criticizing the chief for being less than gracious with Mayor Lou Rosamilia for giving the chief his duties back.

I won’t defend the radio show or the station but anyone at any time is welcome to come on my show or call in on Sunday from 10a.m. to noon.

While Doherty may have been well-intentioned in his email, it’s evident – as I wrote – that Premo and the chief will not let bygones be bygones and are taking any chances on what the future may bring just in case the future does include another police commissioner.

In other words, Premo pulls no punches and the funniest part is when he implies Rosamilia should go back to kindergarten ... or even pre-K.

(Updated with Premo's response to Doherty's response at the end of the email exchange)

Enjoy:

-----Original Message-----

From: Robert Doherty [mailto:doherty4troy@gmail.com]

Sent: Sunday, February 16, 2014 7:45 AM

To: Bodnar Dean; Zalewski Ken; Wiltshire Rodney; Robertson Anastasia; James Gordon

Cc: John.Tedesco; Lou.Rosamilia

Subject: Public Discourse- Bob Doherty

Nice letter in the Record today about Police issues by Kimberly Mazor.  

Brian Premo is on Franco this morning. I hope the comments critical of Lou Rosamilia will be gone.  I was disappointed the Brian continued to review the old conflict in the press as the Chief was getting the reins back.  Conflict between the Mayor and the Chief is well known own and I hope resolved, given the recent direction of restoring full leadership to him.  I'm not sure a politicized talk show is a good venue for the Chief's advocate.

There has been a run discord fueled hyperbole on that station that seems to include denigrating a memorial because it was referred to as a "Celebration" and accusations that people were naked at the event of Jan 25th.  Makes no sense to fuel public anxiety.  The PBA member who loudly called the African American Pastoral Alliance a "Clown Circus" is of the same unhelpful position.

References to the KKK in discussing the Kokopellis event serves to reinforce defensiveness can contribute to dismissal and distraction.

Ever heard of the Four agreements?

The Four Agreements:

1. Be Impeccable With Your Word

Speak with integrity. Say only what you mean. Avoid using the word to speak against yourself or to gossip about others. Use the power of your word in the direction of truth and love.

2. Don't Take Anything Personally

Nothing others do is because of you. What others say and do is a projection of their own reality, their own dream. When you are immune to the opinions and actions of others, you won't be the victim of needless suffering.

3. Don't Make Assumptions

Find the courage to ask questions and to express what you really want. Communicate with others as clearly as you can to avoid misunderstandings, sadness and drama. With just this one agreement, you can completely transform your life.

4. Always Do Your Best

Your best is going to change from moment to moment; it will be different when you are healthy as opposed to sick. Under any circumstance, simply do your best, and you will avoid self-judgment, self-abuse and regret.

Don Miguel Ruiz

On Feb 18, 2014, at 2:44 PM, Brian Premo <bpremo@premolaw.com> wrote:

Gentlemen,

I send this welcomed response on behalf of Chief Tedesco, who is presently on vacation.  It is a communication concerning impending litigation as all past correspondence.  

Firstly, Councilman Doherty's comments are as offensive as those recently made by the Mayor and Mr. Magnetto concerning the many issues pending.  

Secondly, it is hoped that my recent statements have made clear Chief Tedesco's position: a resolution of his claims requires the execution of a Settlement Agreement which includes an enforceable term that no further action will be taken by the Mayor, any City Council member or other city official to cause his unlawful political discharge, usurp his authority or duty, or create a hostile work environment in violation of the City Charter, NYS Civil Service Law, and/or the U.S. Constitution.  

Thirdly, the violation of his rights does not concern an "old conflict" simply to be forgotten (see quotes below about hypocrisy).  In short, the issue has not been resolved simply because Chief Tedesco has successfully turned public opinion against Mr. Magnetto, the Mayor and the Administration through discussion of the facts and truth of the matter.  Nor has it been resolved because the Mayor was unsuccessful in his attempts to appoint a Public Safety Commissioner (or unlawfully appoint another Police Commissioner) to continue the effort in violation of Chief Tedesco's rights.  

Fourthly, any Agreement in settlement of Chief Tedesco's claims must be premised upon the fact that the Mayor unlawfully appointed Mr. Magnetto to usurp his authority and duty to institute police department policies and rules dictated by the PBA President, which they both tacitly admitted in recent public statements.  However, although not surprising considering his previous admission to Chief Tedesco that he did not want to vote for the appointment of Mr. Magnetto but "had to support the party line", Mr. Doherty's comments make clear that he now wants to ignore the fact that Mr. Magnetto's appointment was unlawful, that Mr. Magnetto usurped the unlawfully authority and duty of Chief Tedesco, that Mr. Magnetto countermanded Chief Tedesco's established policies and orders to implement those dictated by the PBA President at the direction of the Mayor, that the Mayor and Mr. Magnetto treated Chief Tedesco in an hostile, unprofessional, and undignified manner in denigration of his rights, and that the violation of Chief Tedesco's rights have caused him damages that must now be remedied.  

Fifthly, Mr. Doherty's comments do nothing to remedy the past violation of Chief Tedesco's rights or ensure that no similar action will be taken against him in the future, which come only by way of enforceable Settlement Agreement.   

I will send a related letter to members of the Council and others discussing the matter as soon as practicable.

In closing, since the issue concerns the remedying of rights violated by the unlawful acts of those who clearly have not followed The Four Agreements, I must say that I find the following quotes to be appropriate to the matter:

1.     "Early in life I had to choose between honest arrogance and hypocritical humility. I chose the former and have seen no reason to change."

Frank Lloyd Wright (Architect, interior designer, writer & educator)

2.     Man is the only animal that learns by being hypocritical. He pretends to be polite and then, eventually, he becomes polite."

Jean Kerr (Irish-American Author & Playwright)

3.     "You can't defend the indefensible - anything you say sounds self- serving and hypocritical."

Diane Abbott (Actress, once married to Robert DiNero)

4.     But, far better than all, I recommend the reading of "All I Really Need to Know, I Learned in Kindergarten."  If its tenets were followed by the Mayor, there would be no issue to remedy at this time. It is hoped that what should have been learned in pre-school days has now become clear: there is no place for politics in a police department, especially bad politics.  It is also hoped that all hypocrisy is left unspoken in any future related conversation, public or private.

Please forward this reply to Mr. Silverman.

Brian Premo.

From: Robert Doherty <doherty4troy@gmail.com>
Date: February 18, 2014 at 8:24:13 PM EST
To: Brian Premo <bpremo@premolaw.com>
Cc: Bodnar Dean <bodnard@hotmail.com>, Zalewski Ken <zalewski@troycitycouncil.com>, Wiltshire Rodney <wiltshirefortroy@gmail.com>, Robertson Anastasia <anastasiavoice4district2@yahoo.com>, James Gordon <jgordon003@nycap.rr.com>, Tedesco Chief John <john.tedesco@troyny.gov>, Rosamilia Lou <lou.rosamilia@troyny.gov>
Subject: Re: Public Discourse- Bob Doherty

Mr. Premo,
   I did not address any correspondence to you and will not continue argumentative correspondence with you.  I wish to correspond within the Council, Public Safety Committee and when appropriate, the Administration without your input or response.  Although you have a client among the addressees, I do not think that gives you entitlement to participate in our correspondence.
   To the other addressees: I had asked and was told that the restoration of the Chief to full responsibilities was accomplished and accompanied with his clear understanding of the Mayor's authority and role..  There is some irony that in an article where the Mayor choses to restore full authority to the Chief, the Chief's advocate is attacking the Mayor's allegedly poor decisions.
   At these times of focus on Public Safety, continued arguing is unseemly and undermines our ability to come together.  I was also told by council advocates of the Chief that he was quite willing to proceed to work with us all. I find it tiresome to be giving energy to this past conflict or such personalized responses from outside sources.  I also think it important to get on the team or off the wagon. "To give orders you need to take orders" was something I was told a long time ago. Bury the hatchet and drive the bus.
The Public Safety Committee was a strained activity for the Chief and the Committee in the last term.  I do not intend to repeat a conflict process.  As far as I know, neither does the Chief.   

Bob Doherty

Premo said he never got Doherty's last email and in response said:

"Funny, only in dealing with Mr. Doherty since the advent of the Internet this is the one and only email purportedly addressed to me that I did not receive," he said. "In any event, it's content is no more than further unintentional, self-effacing, water-spilling, fallacious, political rhetoric which warrants no further response."