I've been told that the Stonewall Democrats of Western New York have officially chosen Sean Cooney as their endorsed candidate in the 58th State Senate district. While incumbent Bill Stachowski refused to respond to the group's questionnaire, Cooney beat out Golisano/Pigeon-backed Tim Kennedy as well as Mike Kuzma to get the group's nod.
I am seeking the 58th State Senate seat because we need to restore trust in State government. The pay-to-play and "three men in the room" systems we currently have lead to corruption, inaction, and government waste. Right now we have an incredible opportunity to reform New York State government.... We must [elect] new legislators who are truly committed to meaningful reform, not just lip service or gimmicks. As the only candidate not employed by our political system, I have the independence to champion these reforms, win the support of the WNY voters, and restore trust in State government.
With Stachowski considered weak and a possible retirement from his safely Democratic district, we're left with the major candidates being a real reformer in the form of Sean Cooney, and Tim Kennedy, a guy who's already proven himself willing in the Erie County legislature to sell his vote for a shiny nickel and some patronage.
Not to mention, this is one of the safely blue "must have" districts for supporters of serious government reform, marriage equality, and all the other stuff we care about around here. For all these reasons, this is a vital state senate race this year, possibly the most important one in all of upstate New York.
But this doesn't happen without money, and it's been suggested that this will likely be not just one of the most important but also the most expensive state senate race in New York. Tim Kennedy has the unholy force of Tom Golisano and the supremely corrupt Independence Party machine behind him, and Stachowski has been in Albany for decades, long enough to rack up plenty of favors. To be competitive, Sean needs the support of the netroots. And we need him, desperately, if we're going to put together a genuinely pro-reform majority next year.
The senior member of the New York State Senate upstate Democratic delegation, Bill Stachowski (pictured, at left, with Senator Chuck Schumer), is vulnerable. The race in 2008 was proof of that. He hasn't been helped by the leadership deal made this time last year that led to Stachowski losing the Finance Committee chair he was in line to receive (he was the ranking member while in the minority) and the same committee chair post that he was telling voters he would receive once Democrats are in the majority.
The Democratic challengers in the 58th Senate District are lining up, citing the need to reform Albany and Stachowski's long tenure in the Senate. The list, according to the Buffalo News, includes the following names:
"I thought he just ran for re-election and told the people of his district he would be serving them," Stachowski said. "He hasn't even been sworn in yet, and he's looking to leave."
Kennedy has said he would welcome the support of Tom Golisano and Responsible New York. Kennedy does have the backing of Steve Pigeon, who helped orchestrate the Senate coup. The irony there shouldn't be lost on anyone. A guy who is trying to run a reform platform running with the support of the guy who was the main player in throwing the Senate into disarray.
- Another county legislator, Daniel Kozub, has also expressed interest in running. Kozub previously served on the Lackawanna City Council and is a fiscal conservative. He would be similar to Stachowski in that respect.
- Other names include: Sean Cooney, an attorney from Buffalo; Lackawanna Mayor Norman Polanski; Cheektowaga Councilman James Rogowski; Hamburg attorney Dennis Gaughan; Michael Kuzma, a legislative assistant to Buffalo Common Council President David A. Franczyk.
The Buffalo News article indicated that Kuzma would run a "left-of-center" platform. What that is exactly remains to be seen. A good progressive candidate would be nice in the district, but a moderate might make the best possible candidate to not only beat Stachowski but win the general election.
The key in this race is to find someone who can do both. Defeating Stachowski in a primary and then losing in the general is not the goal. But we also need someone who might be more of a liability (Kennedy) than an asset. While it is good to primary an incumbent senator, especially one who has worn out his or her welcome, there needs to be a strong candidate to replace the ineffective one. Kennedy's candidacy raises plenty of questions. His dealings in the past with Republicans and Chris Collins make him a questionable choice. There is a long time until Primary Day so this battle will play out. If Kennedy shows he can be a reformer, he might be worth a look. But the other candidates are worth a look too.
There will be plenty of action in SD-58 this year between the primary and general election. Stachowski is in real danger, not only among members of his own party, but in the general election as well. That's why the primary is important. If the right candidate wins, then the general should not be difficult.
This was the press release sent out earlier by NYPA to announce the decision:
New York Power Authority (NYPA) President and Chief Executive Officer Richard M. Kessel today announced that all proposed rate increases for the Authority's hydropower customers will be cancelled this year due to the extraordinary economic crisis facing the state and nation. The move will save New York businesses and residents approximately $16.5 million.
Joined at a news conference at NYPA's Niagara Power Project by Tony Modaferri of the Municipal Electric Utilities Association, which represents 40 municipal electric districts throughout the state, and Kelly Brannen of Power For Economic Prosperity, Kessel said that the decision was made to extend current rates for the economic benefit of its customers and the residents of the State of New York as they cope with crushing financial pressures.
"New York State and the nation are facing the most severe economic crisis since the Great Depression," said Kessel. "The Power Authority has heard the call for help and relief from any hydropower rate increase and is responding by holding the line on current hydropower rates for its industrial and municipal customers. NYPA's hardworking and dedicated employees remain committed to its mission of providing clean, reliable and economic energy to support businesses and consumers across the state, and in sharing the sacrifice we must all make to weather this fiscal storm."
Below the fold, I have included reactions from several elected leaders in Albany. Two of those leaders - Sen. Darrel Aubertine and Sen. Bill Stachowski - have video responses to the news today.
This a great victory for the people of New York. There is a lot more to this story, including a part of the story that hits close to home for me, but I will have more on that later.
This is the last day for campaigns and candidates to make a difference. Tomorrow is the day where you make sure that your base is coming out to support you at the polls and that the support you receive propels you into office, or in Sen. Bill Stachowski's case, gets you re-elected.
Stachowski will spend his day hitting the pavement in the 58th Senate District. Stachowski's race is close, but with one final push it looks like he will close it out tomorrow.
Joe Mesi is going to do something truly interesting in his final day on the trail: He is going to visit all 17 towns in the 61st Senate District. He will make a stop in Batavia later today and I will be in attendance for that.
Mesi's race against Republican Mike Ranzenhofer is a close one. Mesi can pull it out and has all the tools to pull it out so we will see what happens tomorrow. We're hoping for the best and hoping he can knock off a career politician.
David Paterson has been awfully busy over the last week or so and today is no different. He is headlining a rally in Hempstead at this hour where he is formally endorsing SD-6 challenger Kristen McElroy. He has also recorded a robo call for Senator Bill Stachowski that focuses on economic issues. You can listen to the call here:
The room was packed. I estimated no less than 100 people in the room not including the candidates and elected officials. It was a passionate crowd that gave loud ovations when Stachowski and Mesi were introduced or when their names were mentioned. Sen. Thompson gave an excellent speech and riled up the crowd. Hochul also gave a great speech and Mayor Brown introduced Gov. Paterson. Brown and Paterson served in the New York State Senate together before each ended up in their respective executive roles.
Paterson gave an outstanding speech. I do have video of the whole thing, which you can see below the fold, but I wanted to emphasize this clip.
While Paterson might not be taking that no-holds barred approach that his predecessor did, he is willing to help Democrats win the Senate and help further his own executive agenda. Paterson certainly helped the cause yesterday as he received a warm welcome from everybody in the room. Not only that, but he helped boost Stachowski and Mesi, who are involved in hot contests here in Western New York.
"Today's poll speaks for itself. Voters here recognize that Democrat Bill Stachowski has a real record of saving jobs and fighting Republican outsourcing schemes. The more they learn about his Republican opponent's plan to maintain the status quo in Albany, the less they like."
Joe Mesi's campaign also responded about today's findings that indicated Mesi is running a tight race against Republican Mike Ranzenhofer.
"With the polls showing a neck-and-neck race, Joe Mesi's campaign is heading into the final 48 hours with a wave of momentum from endorsements by Senator Hillary Clinton and Governor David Paterson. Joe Mesi will be fighting to the finish - talking to families across Western New York - with a marathon 'Countdown to Change' campaign blitz through each of the 17 towns of the Senate District in 17 hours on election eve."
Stachowski has had quite a turnaround, but there is still a lot of work to be done prior to Tuesday. Mesi is running neck-and-neck with Ranzenhofer and will be working hard over the next two days to earn a victory on Tuesday.
The new Siena Polls are hot off the presses an things look pretty good for Dems across the state. In fact, if these numbers are correct and the election wre held today, the GOP would lose it's Senate majority.
The biggest numbers to pop out is the lead Brian Foley has over Caesar Trunzo (R-FL) and the huge comeback by incumbent Dem Bill Stachowski. Foley leads Trunzo by a whopping 22 points and Stachowski has turned a 13 point deficit into a 4 point lead.
A rundown:
3rd SD - Suffolk County - Caesar Trunzo (R, incumbent) vs. Brian Foley (D)
Foley has a 56-34 percent lead over Trunzo. Trunzo led 46-40 percent in the previous Siena New York Poll. While Foley has picked up a little more support among Democrats, he has cut Trunzo's lead among Republican voters to 53-39 percent, down dramatically from 71-16 percent. Additionally, Foley has opened up a 63-27 percent lead among independent voters, up from 43-40 percent previously.
Foley has expanded a two-point lead in Brookhaven to a 12-point lead, and reversed 12-point deficit in Islip and turned it into 30-point lead. Where Trunzo had a nine-point lead among voters 55-years of age and older, Foley now leads with those voters 52-40 percent. Foley leads by 13 points with men and 30 points with women. The only demographic group in which Trunzo leads is among Republicans.
If Foley leads by even 10 points in Trunzo's Islip backyard, this thing is over. The poll shows a 30 point lead. And before the GOoPs start screaming about the poll sample, look at the Obama/McCain numbers. They are essentially dead even. It's not like they are only polling Dems.
6th SD - Nassau County - Kemp Hannon (R, incumbent) vs. Kristen McElroy (D)
Hannon has a commanding 56-30 percent lead, in a district that is virtually evenly enrolled between Republicans and Democrats. Hannon has the support of 80 percent of Republicans and picks up the support of nearly one-third of Democrats. McElroy only wins among Democrats 55-32 percent, while only attracting support from 10 percent of Republicans. Hannon leads among independent voters 56-21 percent.
McElroy leads among young voters and those in the Council District 1 section of the Hempstead portion of the Senate district. However, Hannon has much bigger leads in the remainder of the district and has better than 60 percent among voters who are at least 35-years old.
Ouch. Got some work to do here.
15th SD - Queens County - Serph Maltese (R, incumbent) vs. Joseph Addabbo, Jr. (D)
Addabbo currently has a slim 45-43 percent lead over Maltese. In the September Siena poll, the two were tied at 42 percent, in this district that has an overwhelmingly Democratic enrollment edge. Maltese has the support of more than three-quarters of Republicans and one-quarter of Democrats. Addabbo leads 61-27 percent among Democrats and picks up the support of 20 percent of Republicans. Maltese leads among independent voters 51-31 percent. Maltese leads by four points with men, while Addabbo has a seven-point lead with women. Addabbo leads in the southern part of the district and Maltese leads in the north.
Maltese is viewed favorably by 45 percent of voters and unfavorably by 33 percent of voters, down from a 48-16 percent favorable rating previously. Addabbo's favorable rating is 42-30 percent, and was previously 38-20 percent.
Obama leads McCain in this district 57-32 percent, up from 49-31 percent.
48th SD - Oswego/Jefferson/St. Lawrence - Darrel Aubertine (D, incumbent) vs. David Renzi (R)
Aubertine, who had a 51-31 percent lead over Renzi in the last poll, has seen that lead drop to 49-38 percent. Aubertine has the support of nearly three-quarters of Democrats and more than one-third of Republicans in this district with a heavy Republican enrollment edge. Renzi leads 57-35 percent with Republicans, up from 41-37 percent previously, and only gets 13 percent of Democrats. Aubertine is winning among independent voters 49-34 percent, up from 41-37 percent previously. While Renzi has erased a 20-point Aubertine lead in Oswego County, and now leads there 44-37 percent, Aubertine has widened his leads in Jefferson (25 points, up from 16) and St. Lawrence (30 points, up from 27) Counties.
Aubertine is viewed favorably by 54 percent of voters and unfavorably by 31 percent of voters, down from 58-21 percent previously. Renzi has a 40-35 percent favorability rating; previously it was 34-15 percent.
Aubertine is going to fine.
58th SD - Erie County - William Stachowski (D, incumbent) vs. Dennis Delano (R)
Stachowski now has a 47-43 percent lead over Delano, after trailing 49-36 percent in the previous Siena poll in this district where Democrats have a better than two-to-one enrollment edge. Stachowski has increased his lead among Democrats to 62-30 percent (up from 51-34 percent). Delano maintains a 63-25 percent lead among Republicans (virtually unchanged from 64-23 percent) and has seen his lead among independent voters fall to 54-36 percent, down from 67-19 percent.
Whereas Delano led in all three sections of the district previously, Stachowski now leads 47-37 percent in Buffalo/Lackawanna, 48-45 percent in Cheektowaga, and 47-44 percent in the southern suburbs. Stachowski has a 12-point lead with men, while Delano has a two-point lead with women. Delano has a significant lead with Protestants. Stachowski leads with Catholics, and has a big lead among younger voters.
Stachowski has a 50-31 percent favorable rating. It had been 39-14 percent. Delano's favorable rating, 53-33 percent, is down from 63-15 percent. Delano continues to have a positive favorable rating with voters of every party, while Stachowski has increased his favorability among Democrats but lost ground with independent voters and saw his favorability among Republicans drop from 35-12 percent to 29-50 percent.
More than half of voters would like to see the Senate controlled by Democrats, and Obama has opened 55-37 percent lead over McCain, up from 45-41 percent previously.
"Senator Stachowski has turned this race around. In four weeks he has erased a 13-point deficit and turned it into a tight four-point lead. Where Delano previously had a much better favorable rating with voters, the two are now viewed by voters in virtually the same light. We will have to wait until Election Day to see if Stachowski continues his momentum to win re-election, or if Delano can turn this race back around again and defeat a 27-year incumbent in this overwhelmingly Democratic district," Greenberg said.
Stach is back. That's what a comeback looks like. I guess the more folks learn about Delano, the less they like what they see. Also, this one of those races that an Obama wave could seriously affect. If that wave reaches Buffalo, Stachowski could end up blowing Delano right out of the water.
61st SD - Erie and Genesee Counties - Michael Ranzenhofer (R) vs. Joseph Mesi (D)
Ranzenhofer has a 47-42 percent lead over Mesi, who had a slimmer 40-38 percent lead in the previous Siena poll, in this district where Republicans have a very small enrollment edge over Democrats. Ranzenhofer leads among Republicans 69-25 percent, up from 59-21 percent. Mesi leads among Democrats 62-29 percent, closer than the previous 63-19 percent. Mesi leads among independent voters 42-37 percent, although Ranzenhofer closed the gap from 43-28 percent. Mesi leads in Tonawanda by seven points (down from 10). Ranzenhofer leads in the Clarence/Newstead/Genesee County portions of the district by 15 points (up from two points), and in Amherst by three points (up a tick from two points).
Ranzenhofer has a 47-26 percent favorable rating, compared to 35-12 percent previously. Mesi's favorable rating is 46-37 percent, compared to 45-18 percent in the previous Siena poll.
While the race has shifted seven points from Mesi to Ranzenhofer, a reverse trend occurred on the question of who voters support to control the Senate. Previously, voters supported Republican control by a 44-38 percent margin, while now a slim plurality, 43-41 percent, support Democratic control. The presidential race also flipped, with McCain's 45-40 percent lead now becoming a 51-42 percent lead for Obama.
"This district is close in enrollment between Republicans and Democrats. The voters are close in their view on which party should control the Senate. The voters have switched their support from McCain to Obama over the last few weeks. And a small Mesi lead has turned into a slightly wider Ranzenhofer lead. Which party's voters turn out in larger numbers on Tuesday may well determine the outcome of this race. Either way, it figures to be a late night as the votes get counted in this race," Greenberg said.
This one may very well come down to Obama's GOTV operation as well. If his voters show in force, I think Mesi wins this thing. Mesi likes to remind folks that he is undefeated. If the Obama wave does indeed materialize in the manner that it appears to be, he'll be able to call himself undefeated still. Give him a hand.
Governor Paterson headlined a large rally for Senator Bill Stachowski and SD-61 challenger Joe Mesi in Buffalo today. I believe that Robert was there (and I'm sure more than a few other TAPpers as well) and he'll have a report back later this afternoon. For now, here's some pics and a release from the Stachowski campaign.
Governor David Paterson spoke before an overflow crowd at the UAW Region 9 hall in Williamsville today urging local voters to help get out the vote (GOTV) for Democratic candidates like Bill Stachowski, who is running for the New York State Senate.
For the first time in more than 40 years, Democrats are likely to take the Majority in the Senate. The ideological shift as a result will better serve economic development and job growth initiatives Upstate and statewide, which have floundered under a failed economic agenda of Senate Republicans. The election of Stachowski is recognized as key to that changeover in power in Albany.
"Bill is one of the most dedicated public servants I have ever had the pleasure of working with," said Governor Paterson. "He has an uncommon understanding of the communities of his district and the concerns they face. New York is in some tough times. We cannot afford to lose Bill's experience, knowledge and vision. Democrats have the first opportunity in more than 40 years to create real change with Bill's election-to grow the upstate economy, bring new green jobs and industries to our state, and ensure every New Yorker gets the education and affordable healthcare they deserve. Anyone who cares about these issues can be proud to cast their ballot for Bill Stachowski on Tuesday."
Speaking to hundreds of supporters, Governor Paterson spoke about the importance of this year's election and why Democrats have earned the chance to lead Congress and the State Legislature. He noted that people who want to see real change cannot stop at Barack Obama for President-they need to vote right down the ballot.
"People should not underestimate the importance of this election and how every race on every level of government can make a difference," said Democratic State Senator Bill Stachowski. "Governor Paterson has provided incredible leadership during hard economic times. It is nice to have a partner in the Executive Chamber who is committed to Western New York and the health of our economy. Western New Yorkers deserves better than what the Republican legacy has left us. There is a lot of hard work to get things back on track. I look forward to joining with the Governor as a member of the Democratic Majority in the Senate, focusing on the issues that matter most."
Looks like a great event and I'm looking forward to hearing from Robert and others who were there.
Where are you today? What's going on where you are?
On the web:
I wish I had the video of this, but you will have to take my word for it. I have seen this ad that the Independence Party has put out criticizing Sen. Bill Stachowski for sponsoring a bill to raise his (and other senators') pay. Oddly enough, the Independence Party actually provided proof of Stachowski wanting to raise pay. Their proof? S.05822.
First off, the Independence Party claims Stachowski is sponsoring this legislation. He is not. He is a co-sponsor. The true sponsor of this bill is listed as Sen. Martin Connor, who will no longer be a senator as of January 1. The ad also claims that Stachowski is trying to raise his pay by $52,000. There is a catch to all of this.
If you read the full text of the bill, you will see why this isn't bad at all. In fact, it is really good. The bill would do the following:
- It would allow for a raise ONLY if that legislator is classified as a full-time member of either the Assembly or Senate.
- As a full-time member of the Legislature, you would not be able to have an outside job and you would be required to file time sheets for accounting purposes so that you are verified as full-time. According to the legislation, legislators would be required to work 1,820 hours per year or if they do not work the full year, the must work the proper ratio. Hypothetically, you could say that if they only worked half the year, they would be required to work 910 hours a year.
- Legislators, as full-time members, would get vacation time, sick time and personal time.
- What would a full-time legislator's work consist of? From the bill's text:
Legislative work shall include all work in connection with holding office, including but not limited to work in or out of the member's office or the Capitol, such as attendance at meetings and public events, travel, attendance at session, research time, constituent service and education, speeches, attendances at conferences and hearings, and general office work such as correspondence. Legislative work does not include purely political campaign work, attendance at political conventions or fundraisers.
So what is wrong with the bill? It's not perfect, but it has the right idea and the primary focus of the legislation is to reward those who become full-time legislators. Stachowski co-sponsored this bill, only to get smeared by the Independence Party and accused of giving himself a pay raise. Yes, he's giving himself a pay raise, but only after he makes himself a full-time member of the New York State Senate and refuses to take any other income.
It's a great idea, but will probably never see the light of day unless we have Democrats willing to take this up. This would be one piece of the puzzle in making our Legislature more effective and efficient. We need our government to be operating all the time, not just half the year. Economic issues and problems don't take a break just because the Legislature is out of session. Bill Stachowski realized that and co-sponsored legislation that would send him to work for his constituents all year.
It would appear so. Check out this rather lame, self serving, and seemingly self penned defense at Albany's Insanity. It contains such gems as this:
We know that SD-58 hopeful Dennis Delano, the guy who won't debate or talk to the press,
#2 I HAVE ALWAYS TRIED TO ACCOMMODATE THE PRESS IF IT WAS POSSIBLE, WHY WOULDN'T I?)
...
By remaining on the public payroll while running for the Senate and not getting a waiver from the US Office of Special Counsel,
#4 At the very end of this article, the author admits that he doesn't know if I got a waiver or not, no one called them to check!
So, Delano won't speak to the press, his protestations notwithstanding, but he will furiously spew and spin on a local right-friendly blog.
OK, got it.
Also, notice that his big defense seems to be that no one ever asked him if he got a waiver from the US Office of Special Counsel, not that he actually did secure such a waiver. That's, um, hardly the same thing.
And the Special Counsel's Office is indeed concerned. From an emailed release:
Contact with the Special Counsel earlier today confirms the legitimacy of this concern. According to the Special Counsel, the law specifically applies to any federal, state or local official who duties or employment are carried out in full, or in part, with federal grants and funding. Buffalo law enforcement has been and continues to be the recipient of federal funding and grants.
And Delano isn't just putting his own campaign at risk, he's risking the federal funding and grants given to the Buffalo PD:
According to the National District Attorney's Association (NDAA) an employee funded in part with a federal grant is indeed covered by the act, and cannot "run for partisan office without resigning from her position or risking a funding penalty for her agency."
NDAA also states that "Hatch Act restrictions apply to any act in furtherance of candidacy, including acts before a formal announcement. Canvassing for votes, circulating petitions for candidacy and soliciting funding are prohibited."
Furthermore, it was reported just last month that the U.S. Congress held hearings on the Hatch Act regarding a proposal that "would allow state and local employees to run for partisan offices such as city council or sheriff in cities with 100,000 or fewer residents. These government employees currently are prohibited from partisan campaigning, and if found guilty of violating the Hatch Act, they would be fired and could not be reinstated for 18 months."
This race just keeps getting weirder and weirder. I'm not really sure what to make of these developments short of the realization that maybe Dennis Delano is just full of crap.
More evidence of the "hide the candidate" strategy of the Dennis Delano campaign from his very own campaign site.
He can ask people to call 911 about lawn sign tampering, but can't seem to bring himself to actually appear in public. I mean, it's the Friday before E-day and his "upcoming events" schedule is "tba?"
What the hell? Though he may be suspended from the Buffalo Police Department, Dennis Delano was still a cop for many years. You would think that he understands that 911 is a number hat should only be dialed in actual emergencies, ya know life and death stuff. Apparently not. Check out theis "ALERT!" from his campaign site;
Please be aware that my opponent has people out there stealing our lawn signs from just about every part of the district, if you see anyone tampering with our signs please call 911 and report it after getting a plate number. We will press charges. Thank's (sic) for all of the help and support! Den Delano
Please call 911? Because someone is "tampering" with your lawn signs? Really? Does Delano believe his signs are so important that they should take precedence over people with, ya know, honest to God emergencies? Are you kidding me?
Dennis Delano, the Republican candidate for New York Senate District 58, has created a close race for incumbent Bill Stachowski despite the fact that he's turned down numerous debate and interview offers.
...
"Certainly a Democrat should win that district, and if a Republican wins it, and they don't come out and talk with folks about the issues and appeal to them on that basis, then it's all about name recognition," Hardwick, a Canisius College professor, said.
According to Delano's campaign, he prefers to go door-to-door and talk with voters one-on-one as opposed to talking through a television camera.
Delano turned down 2 On Your Side's interview requests both yesterday and today and also declined to participate in a 2 On Your Side debate.
...
"The process is: You want our votes, you've got to answer our questions," Hardwick said. "I think the only way you find that out is seeing him think on his feet, in a debate, finding out what he's all about, and I don't know how that comes out unless you talk to the media."
Stachowski said he's attended at least ten public forums and events and that Delano has not been at any of them.
We believe it's a shame my Republican opponent didn't feel it was necessary to come out in public and talk about the issues. The fact is--that is part of the process."
Bill Stachowski is in a tough fight. At least, it depends on who you ask. The Democrats aren't playing games with this seat and we want to make sure that Sen. Bill Stachowski remains in Albany.
The senior senator from New York, Sen. Chuck Schumer, announced that Sen. Stachowski had his support and endorsement heading into Tuesday's election:
Schumer orchestrated the Democratic takeover of the U.S. Senate in 2006 and is leading the effort to expand on that majority in this year's election. Despite his very busy schedule, New York's senior senator made time to support Stachowski and appear at events in the 58th State Senate District, where he noted how important it is to have partners like Stachowski in Albany.
"There are very serious economic concerns facing New York State now. Nowhere is that felt more than right here in Erie County, and no one knows these issues better than Bill Stachowski," said Senator Schumer. "Bill loves Buffalo. I am supporting him because of his record of hard work and his vision for green jobs and technology. Bill is committed to creating an alternative energy industry right here in Western New York and securing the good paying jobs that will bring. We cannot afford to lose Bill's vision, knowledge or his experience as we work to get our economy back on track."
Not every state in this country is lucky enough to have two senators like we do that care about the states they represent. And not every state is lucky enough to have two Democratic senators, let alone have a former First Lady and the man who helped orchestrate the Democratic takeover of the U.S. Senate in 2006.
That's Dennis Delano. This site says it's an actual campaign photo. If so, someone is probably in the wrong line of work.
UPDATE: Yep. It's true. That photo is cropped from this one on Delano's campaign site. I have to admit that I've never seen a candidate include a shot of himself out drinking with the boys on a campaign site before.
We know that SD-58 hopeful Dennis Delano, the guy who won't debate or talk to the press, was suspended from the Buffalo Police Department back in February and has continued to collect a paycheck ever since, even as he is running for office. The hole thing sounds pretty damn fishy to begin with and now there is this. By remaining on the public payroll while running for the Senate and not getting a waiver from the US Office of Special Counsel, it seems rather clear that Delano is violating one of the oldest campaign laws on the books, the Hatch Act. That's a pretty big no-no. I just received this release from the Stachowski campaign:
IS DELANO IN VIOLATION OF THE HATCH ACT?
Campaign in shambles as Republican candidate-in-hiding breaks the federal law that prohibits politicking while collecting a public paycheck
Buffalo - (October 29, 2008) - Republican State Senate candidate Dennis Delano was slammed today with questions regarding his candidacy and likely violation of federal law. Delano, who has hid from the public after a series of high profile embarrassments in which he showcased ignorance about the Taylor Law, gerrymandering and other 8th grade lessons, has failed to provide any documentation that proves his campaign is not in direct violation of the Hatch Act of 1939, officially known as an Act to Prevent Pernicious Political Activities.
"Voters have a right to know that the person asking for their vote is not intentionally breaking the law," declared Campaign Manager Cathy Calhoun. "Delano has failed to provide any proof so far that his campaign is legit. If appropriate documentation is not readily accessible, the consequence is clear: he must cease his candidacy or resign effective immediately"
Calhoun added, "Dennis needs to take a civics course. He has displayed nothing but contempt for the public."
Under the Hatch Act anyone paid with federal dollars must seek an advisory opinion and waiver from the U.S. Office of the Special Counsel before launching a political candidacy.
"Has Dennis spoken with legal advisors who have previously advised him on this issue? If so, whom? Does he have a written advisory or waiver from the Special Counsel? Do his actions place any liability on the City of Buffalo or the local police?" Calhoun demanded. "Dennis's actions could have far-reaching consequences. Not knowing the Hatch Act, the Taylor Law and other important laws has left us wondering what he actually does know."
It was reported October 26th by Channel 7 News that since being suspended in February, Dennis Delano has continued to collect his salary. About $41, 297 has been paid to Delano in that time. Since dedicating himself to his Republican candidacy, Delano has pocketed an additional $26,000, all of which comes at the expense of taxpayers. Channel 7 also noted that Delano has purposefully prolonged his suspension, delaying the hearing into his alleged misconduct until after the election.
"Talk about the sweet life, the guy is getting paid to campaign. Long Islander Dean Skelos has lined his pockets and taxpayers are footing his bills," said Calhoun. "No wonder this guy can't find the time to talk to voters, he's too busy finding ways to skirt the law. As it turns out ignorance is bliss, and profitable!"
In an advisory by Larry James, General Counsel to the National Fraternal Order of Police, it is plainly noted as impermissible to "run for any elected partisan office." The advisory also states that it is against the law to "allow one's name or likeness to be used in campaign literature in the police officer's professional capacity."
An advisory by the U.S. Office of the Special Counsel states:
Covered employees are those whose principal employment is with a state, county or municipal executive agency, and whose job duties are "in connection with" programs financed in whole or in part by loans or grants made by the United States or an agency thereof. 5 U.S.C. ยง 1501(4). Employees are subject to the Act if, as a normal and foreseeable incident of their principal employment, they perform duties in connection with the federally financed activities. In re Hutchins, 2 P.A.R. 160, 164 (1944); Special Counsel v. Gallagher, 44 M.S.P.R. 57 (1990). Coverage is not dependent on the source of an employee's salary, nor is it dependent upon whether the employee actually administers the funds or has policy duties with respect to them. Special Counsel v. Williams, 56 M.S.P.R. 277, 283-84 (1993), aff'd, Williams v. M.S.P.B., 55 F.3d 917 (4th Cir. 1995), cert. denied, 516 U.S. 1071 (1996) (unreported decision).
"Thankfully for Dennis's sake, the requirements are clear if he reads them. If he has not broken the law, just show us the proof already. The public's trust hangs in the balance," concluded Calhoun.
This seems to be a rather cut and dry case. Either Delano obtained a waiver from the Office of Special Counsel or he did not. If he did, he needs to produce it pronto. If he did not, he's in deep doo-doo.
Yesterday, Phillip highlighted Dennis Delano and his suspension from the Buffalo Police Department. There appears to be another (and possibly bigger) story coming out of that suspension. The question is this: Is Dennis Delano in violation of the Hatch Act?
The Hatch Act, as it applies to police officers, prohibits municipal employees (police officers in this instance) from running for partisan office. There are some things, as public employees, that police officers can do. They can even run for non-partisan office but it is against the Hatch Act to run for partisan office. A state senate election pitting Delano, a Republican, against the Democratic incumbent Bill Stachowski would be a partisan election.
How does this apply to Delano? He is suspended from the Buffalo Police with pay. He has been paid throughout his suspension from the force pending a hearing. That hearing has been delayed and pushed back until after the election.
Here is more on this from Stachowski's campaign:
Under the Hatch Act anyone paid with federal dollars must seek an advisory opinion and waiver from the U.S. Office of the Special Counsel before launching a political candidacy.
"Has Dennis spoken with legal advisors who have previously advised him on this issue? If so, whom? Does he have a written advisory or waiver from the Special Counsel? Do his actions place any liability on the City of Buffalo or the local police?" Calhoun demanded. "Dennis's actions could have far-reaching consequences. Not knowing the Hatch Act, the Taylor Law and other important laws has left us wondering what he actually does know."
It was reported October 26th by Channel 7 News that since being suspended in February, Dennis Delano has continued to collect his salary. About $41, 297 has been paid to Delano in that time. Since dedicating himself to his Republican candidacy, Delano has pocketed an additional $26,000, all of which comes at the expense of taxpayers. Channel 7 also noted that Delano has purposefully prolonged his suspension, delaying the hearing into his alleged misconduct until after the election.
"Talk about the sweet life, the guy is getting paid to campaign. Long Islander Dean Skelos has lined his pockets and taxpayers are footing his bills," said Calhoun. "No wonder this guy can't find the time to talk to voters, he's too busy finding ways to skirt the law. As it turns out ignorance is bliss, and profitable!"
It appears to me that Delano is breaking the law (ironic, isn't it?) just by running for state senate.
But this raises other questions: Would Delano still take his police salary (while on suspension or not) if elected to the New York State Senate? I'm sure he would. That shouldn't sit well with the taxpayers.
It looks like Delano didn't have to talk to us after all about the issues. With his silence, we have still been able to find out interesting and necessary information about him that people should know.
58th District: William T. Stachowski. For years, William T. Stachowski has been a senator with a public profile that verged on invisibility. A Democrat in the Republicancontrolled Senate, Stachowski had what appeared to be a safe seat and not a lot to do in a Legislature that muzzles members of the minority party.
But Stachowski has been energized this year by the prospect of a potential Democratic takeover of the Senate and by surprisingly strong opposition from Dennis A. Delano.
Although he has led in the polls, Delano is coasting only on name recognition and his reputation as the cop who helped free Anthony Capozzi from 25 years of wrongful imprisonment. He has said virtually nothing substantive about what he would seek to accomplish as a state senator, and has avoided discussion of issues. Voters deserve better.
The Democratic challengers in the 
