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Stunning Lack of Integrity Editorial That's what Gov. Spitzer pinned on Assembly Speaker Sheldon Silver and Senate Majority Leader Joe Bruno after they foisted on New York an underqualified controller whose only claim to the job was cronyism. Silver and Bruno had two choices in replacing the disgraced Alan Hevesi: Select someone with impeccable credentials or toss a bone to a benchwarmer. They went with Long Island Assemblyman Thomas DiNapoli (photo), whose has zero experience relevant to managing a $145 billion pension fund or running a staff of thousands. Nothing good will come of this for the leaders - particularly for Silver, who directed a charade screening process - and the worst awaits DiNapoli. He is now the poster boy for Albany dysfunction and bears the stigma of being a third-stringer who doesn't belong in the job. The voters, so fed up with the capital's sloth and sleaze, will remember when the time comes that DiNapoli is not their man. That he is Silver's creation, the guy who had the backing of party bosses because they felt they could work with him, the man in a small job who took advantage of a rigged process to become someone big. The someone who got sole custody of the pension fund money, though his financial acumen ends with balancing the family checkbook. A pox on him. A pox on them. New York's lawmakers get endlessly reelected and conclude they are loved, but they owe their longevity to stacking the deck against challengers. Confident of their invulnerability, they proved yesterday that they see Spitzer's landslide election not as a mandate for reform, but as a trifle. Bruno took particular glee in thinking he had cut Spitzer down to size. In their hubris, Democrats and Republicans got behind DiNapoli by a vote of 150 to 56, with the countervotes going to city Finance Commissioner Martha Stark, one of three candidates found qualified for the post by a panel of former controllers. From the start, Silver and his buddies were determined to elevate one of their own, so they put Stark and 17 others through a sham review. It was an insult to the applicants and to all New Yorkers. Spitzer is willing to run candidates against the slugs, just as he helped a Democrat win an election Tuesday, taking a Long Island Senate seat away from the GOP for the first time in a century. Voters want change. Give it to them. Gov Rips Traitor Pols By Kenneth Lovett and Tom
Topousis Longtime Assemblyman Thomas DiNapoli (D-L.I.) received 150 out of 206 votes during a joint session of the Legislature to replace Alan Hevesi, who resigned in late December after pleading guilty to a felony for using state employees to chauffeur and tend to his wife. Without mentioning names, Spitzer blasted Assembly Speaker Sheldon Silver and Senate Majority Leader Joseph Bruno for reneging on an agreement to select a comptroller from a list advanced by an independent panel of former comptrollers. "We have just witnessed an insider's game of self-dealing that unfortunately confirms every New Yorker's worst fears and image of all that goes on in the Legislature of this state," Spitzer said. He threatened to campaign against incumbent Democrats and Republicans, and accused them and their leaders of focusing on "politics and cronyism" instead of on who was the best qualified for the job and what is best for the millions of retirees whose $145 billion in pension funds are overseen by the comptroller. Spitzer fumed that despite the November elections, which were widely seen as a mandate for reform, "Legislators and their leaders had an opportunity to rise above, to show they listened, learned and absorbed - but they did just the opposite. "They returned to the cocoon of the Albany status quo that has driven their behavior for too long." He wouldn't say if he wants new legislative leaders, but said his anger is "very deep seated" and represents a "turning point" in his relationship with Silver and Bruno. "The leaders, when they say the outcome of the process was not the one they wanted . . . showed a stunning lack of integrity that is deeply troubling, and walked away, [instead] choosing one of their own, qualifications or lack thereof notwithstanding," Spitzer said. All but two Assembly Democrats and three Senate Republicans voted for DiNapoli over New York City Finance Commissioner Martha Stark. Her name was on the list endorsed by Spitzer, and her candidacy was supported by the Senate Democratic minority and a number of Assembly Republicans. Silver defended the Assembly's action and said he expects his conference will be able to move on and partner with Spitzer on most issues. Silver and his members began complaining about the "seriously flawed" process to which they had agreed after the panel of former comptrollers did not include on the list of finalists any of the five Assembly members who had applied for the job. Instead, the comptrollers recommended Stark, Nassau County Comptroller Howard Weitzman or Wall Street financier William Mulrow, who has close ties to Spitzer. The normally cantankerous Silver, who for the first time in 12 years is working with a governor from the same party, refused to shoot back at Spitzer. "The time for divisiveness and charged rhetoric is over," Silver said after the vote. "The Assembly majority conference stands ready to fulfill our commitment to those who have put their faith in us." Bruno said, "We have to move on and govern. This 'who's the most macho,' I think, clearly has run its course." Surprisingly, the most impassioned speech on behalf of Spitzer came from a freshman Republican Assemblyman, Gregg Ball, of Carmel. "This is a sad day for New York," Ball said. "The process has been broken, the public trust has been violated. It's about a Legislature resisting a governor who has a mandate for reform. I stand proudly with the governor and his mandate for reform." Ball drew sustained boos and hisses when he said, "This is the most dysfunctional Legislature in the United States of America." DiNapoli insisted he'll be able to work with the governor while also stressing the independence of his new office. Gov Strikes Mother Lode in Silver Blast By Fredric U. Dicker
"For Shelly 'Vegas' Silver to lecture anyone about ethics is like a bad standup routine, especially since he's Alan Hevesi's biggest apologist, has employed a known sex offender, has covered up Sheldon Silver investigations and has presided over a body that had no less than seven of its members indicted, convicted, or resign under a cloud of disgrace," said David Catalfamo, Pataki's communications director.
The spokesman's withering response referenced Silver's controversial dinner with a lobbyist at a Las Vegas casino several years ago, his support of state Comptroller Hevesi in the wake of an ethics scandal, and his retention of his former chief counsel, Michael Boxley, after the first of two women accused him of rape. Charles Gargano Catalfamo said it was Silver who was undermining the state's economy. "It's laughable for him to lecture anyone about the economy, especially given the fact that he personally pushed through the biggest tax increase in state history and is in the pocket of special interests blocking crucial projects like Moynihan Station and West Side development," contended Catalfamo. Silver (D-Manhattan), who was taping WNBC's "News Forum" for a show that airs tomorrow, ripped Gargano as "corrupt" and said he was more interested in raising campaign cash than he was in New York's economy. "Let's talk about Charlie Gargano, the most corrupt, most corrupt member of this administration," said Silver. He claimed Gargano - once a top adviser to former U.S. Sen. Alfonse D'Amato - was selected for a job that regularly put him in touch with the state's wealthiest business leaders "because he was the governor's fund-raiser, and he continued in that capacity for 12 years." "Take a look what he did to economic development in this state. He has no credibility here. He has interests that obviously lie opposite the state of New York during his entire 12 years in this administration," Silver said. "His gambling interests that he's had over the years, pushing for things that have absolutely nothing to do to benefit New York," continued Silver, referring to Gargano's onetime holdings in Alpha Hospitality, a company that has eyed casinos for the Catskills. Silver also claimed upstate New York was in "such a sad economic state because the governor took his fund-raiser rather than an economic development professional." Silver unleashed his fierce attack in response to questions about his decision last month to block the $900 million Moynihan train station project. Dark Horse Boasts of Melting Silver By David Seifman City Hall
Bureau Chief A candidate for civil-court judge in lower Manhattan is boasting not only that she beat two rivals, but also a top politician - Assembly Speaker Sheldon Silver. Silver backed Housing Court Judge David Cohen in the three-way race, which lawyer Margaret Chan won by 49 of the 12,000-plus votes cast. A recount is under way. "A lot of people are viewing this, because he was backed by Shelly Silver, as that I beat Shelly Silver and his machine," Chan said. Silver's allies dismiss that view as nonsense. "For anyone to suggest this is a reflection on Shelly Silver is living in absurdity," said a person involved in the race. Silver campaigned with Cohen and gave him $3,500, but was focused on preserving the Democratic majority in the Assembly. One analyst pointed out that the 2nd Judicial District includes part of Silver's Assembly district but takes in other Assembly districts as well. "Support for him doesn't translate to support for the judicial candidate," the analyst said. Still, insiders say, Cohen's forces were stunned that Chan - rated by The New York Times as the least qualified of the contenders - fared so well. Shel Law Firm Pulls 'Sue State' Web Ad By Kenneth Lovett Weitz & Luxenberg deleted the section of its Web site that made an ambulance-chasing appeal to people who claim to have been injured in state parks. While no law was being broken, critics called it unethical for a firm to solicit clients to sue the state while seeming to benefit from employing Silver, who in his role as speaker controls all legislation in his house, including that impacting the legal industry. "We took it down because the firm felt it was being misconstrued," said Weitz & Luxenberg spokeswoman Marcia Horowitz. Horowitz insisted Silver, who is "of counsel" to the firm, did not ask it be removed from the Web site. "It was the firm's decision to do so," she added. Silver spokesman Charles "Skip" Carrier said the speaker was aware the controversial section was removed from the law firm's site. But Carrier said he couldn't say whether Silver played a role in its removal. However, state Parks Commissioner Bernadette Castro, who had previously said she was appalled by the practice, said yesterday she had spoken to Silver personally by phone about the situation several weeks ago. "The speaker appeared unaware of its existence and assured me it would be addressed," Castro said, adding that "this unfortunate chapter in their law books is closed." The Post reported on July 10 that the firm's Web site lists a host of recreational activities available at the parks and noted various accidents that could occur because of negligence on the part of the state. "You may need the legal help of a New York personal-injury attorney to get compensation for your pain and suffering," the site said. "Act now! It is essential that you inquire about your premises liability case as soon as possible." Rachel Leon, of the government-reform group Common Cause/New York, said that while it's good Weitz & Luxenberg dealt with the "appearance of a conflict" by removing the offending section from its site, "it would be better if lawmakers would pass a statewide ethics reform so everyone can have a clear standard to follow." Silver has repeatedly refused to discuss in detail his involvement with Weitz & Luxenberg - including how much he is paid - despite the requirement in New York's Public Officers Law that no legislator "should have any interest, financial or otherwise, direct or indirect . . . which is in substantial conflict with the proper discharge of his duties in the public interest." Even influential state Democratic Party consultant and Sen. Hillary Rodham Clinton adviser Howard Wolfson said he was taken aback by Silver's refusal to disclose how much he is paid by the firm. Speaking on WROW-AM radio in Albany yesterday, Wolfson expressed surprise that the speaker and all other lawmakers would not have to disclose publicly how much they make from their outside jobs. While lawmakers have to file a range of their outside income with the state legislative ethics commission, the information is blacked out from forms released publicly. Park the Ads, Shel By Kenneth Lovett
In a letter to Silver
obtained by The Post, Castro cited the good work Silver has done
over the years in his role as Assembly speaker to enhance the state
park system. "I find it appalling that this firm would single out our Gold Medal Award-winning state park system as a target for lawsuits, frivolous or otherwise," she wrote. "I am sure you shared my shock when you saw that your good name was somehow attached to this deplorable practice," she added. "I am asking you to join with me in calling for an end to marketing practices such as those demonstrated by these ads," Castro wrote. The firm released a statement defending its actions and noting that the speaker does not handle any cases against the state. Weitz & Luxenberg denied "directly" targeting people injured in state parks, even though its Web site lists every state park and the types of accidents that can occur, while urging accident victims to contact the firm because "you may need the legal help of a New York personal injury attorney to get compensation for your pain and suffering." "We vigorously defend people who are victims of a host of wrongs ranging from auto accidents, drugs, medical malpractice and personal injury," the statement said. But good-government groups say the situation highlights a massive gray area when it comes to ethics requirements for state lawmakers. "Clearly right now we are all in the dark in the wilderness because there is no independent ethics enforcement, there is no cop on the beat to issue opinions for legislators on where to draw the lines about potential conflicts of interest," said Rachel Leon of the New York chapter of Common Cause. She called the legislative ethics committee, which has never sanctioned a sitting lawmaker, "secretive and a farce."
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ALBANY - State Parks Commissioner Bernadette Castro yesterday called
it "appalling" that the law firm that employs Assembly Speaker
Sheldon Silver is actively soliciting clients to sue the state and
she called on Silver himself to do something about it. |
A Feast
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