pay to play documented in Dutchess (why doesn't Dealy agree with Lucille Pattison and PoJo on need for campaign finance reform?)...

Hi all...

Twice now in the last decade the Poughkeepsie Journal has strongly editorialized for what I've been suggesting since 1999-- when I brought together former County Executive Lucille Pattison, various county legislators, and dozens of county residents at a forum at the Family Partnership Center on the need for campaign finance reform here in Dutchess County similar to what Rockland County has had in place since 1998 without legal challenge-- a $100 limit on campaign donations to county officials and candidates from companies who have contracts with the county (Duane Smith picked up ball on this)...

[Sadly, my G.O.P./Conservative opponent Pat Dealy told everyone at last Wednesday's debate at Clinton Town Hall that he opposes campaign finance reform on county level--why?...(look at those supporting him and his point of view; a number of his ideological supporters are listed below-- long involved in pay to play here in Dutchess).]

Legislation from yours truly to make this happen (co-sponsored by Red Hook Co. Leg. Tom Mansfield) was discussed last month in our County Legislature's Government Services and Administration Committee...

Come out and speak up-- join 50 other county folks signed to http://www.petitiononline.com/cleangov !...

County government of, for, and by the people of Dutchess-- not special interests-- too much to ask for?...

[scroll down to see documentation on how this law is perfectly legal, contrary to G.O.P. statement]

As always-- your letters to all 25 of us at countylegislators@co.dutchess.ny.us do matter, people!...

[pass it on]

Joel
242-3571/876-2488
joeltyner@earthlink.net

p.s. Google "pay to play"-- it's about the all-too-frequent links between large government contracts and large political donations (in spite of Dealy's attempt to turn this issue into yet another attack on unions; fact is that corporate donations dwarf union donations at all levels of government-- local, state, and federal; I've documented this, and you can see more on this @ CitizenActionNY.org)...

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From http://www.poughkeepsiejournal.com/article/20090806/NEWS01/908060325/1006 ...

County campaign-giving limit proposed
Law would affect people, companies that do business with Dutchess
BY JENNY LEE-ADRIAN • POUGHKEEPSIE JOURNAL • AUGUST 6, 2009

A proposed Dutchess County law would limit political contributions of individuals and corporations that do business with the county, if they donate to candidates running for county offices.

Individuals and corporations that have contracts with the county could only contribute up to $100 to candidates running for county executive, county clerk, county district attorney, county sheriff, county comptroller and the county Legislature during any primary, special or general election campaign, according to legislator and law co-sponsor Joel Tyner, D-Clinton.

"It prevents undue influence on elected officials based on campaign contributions," said legislator and law co-sponsor Tom Mansfield, D-Red Hook.

The law would be enforced through a civil procedure by the County Attorney's Office. For the first offense, violation of the law could lead to a $250 fine or three times the contribution, whichever is greater. Any subsequent violation could lead to a $500 fine or four times the illegal contribution, whichever is greater.

A legislative committee will discuss the law at 4:45 p.m. today [in our County Legislature's chambers on the sixth floor of our County Office Building], but not vote on it.

State Board of Elections Communications Director John Conklin did not see a constitutional issue here.

"They can limit contributions to candidates in their own county for their own level of government," Conklin said. A county law that would limit contributions to candidates other than those at the county level would be challenged and struck down as unconstitutional, he said.

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NEW UPDATED report below re: de-facto pay-to-play right here in Dutchess County government here!...

[again-- thanx to Co. Leg. Tom Mansfield for co-sponsoring law I drafted and some of research below;
donations info < http://www.elections.state.ny.us/ContributionSearchB.html ; other info < Comptroller]

Do you think it's pure coincidence these county vendors from outside Dutchess are giving big money?...

-- A. Colarusso & Son of Hudson got $2.6 million of our tax dollars in county contracts since Jan. 2008-- and gave $7500 to County Exec since 5/15/06; county G.O.P. committee got $750 donation 12/13/06.
A. Colarusso & Son, Inc. also gave our County Executive $1000 on 12/14/02 and $2500 on 11/4/03, and got more than $700,000 in county contracts in 2003, and $346,000 in county contracts in 2004.

-- Charles H. Sells Inc. of Briarcliff Manor got $181,000 of our tax dollars in county contracts since Jan. '08-- and gave $2000 to the County Executive since Feb. 3, 2006. Charles H. Sells, Inc. gave $3000 to our County Executive in 1999/2000 and $1000 4/30/03, and got $140,000 in county contracts in 1999.

-- C & S Engineers/World Wide Holdings of Syracuse got $366,000 of our tax dollars in county contracts since Jan. '08-- and gave $1000 to the County Executive since May 12, 2006.

-- Cosentino Architecture, PLLC of Newburgh/New Windsor got $116,000 of our tax dollars in county contracts since Jan. '08-- and gave $200 to the County Executive since May 18, 2007.

-- Peckham Industries of White Plains got $181,000 of our tax dollars in county contracts since Jan. 2008 and gave $2000 to our County Executive in 1996 and 1997-- getting $224,000 in county contracts in 1997, 1998, and 2000, and $214,000 in county contracts in 2004. They also gave $1500 in 1999, $1500 in 2001, and $1100 in 2003 to the Dutchess County Republican Committee, and $550 to the G.O.P. Legislative Fund [long-time top G.O.P. Co. Leg. Gary Cooper has long worked for Peckham too].

And we're supposed to believe these millions in legalized kickbacks annually are coincidence too?...

-- Meyer Contracting got $1.6 million of our tax dollars in county contracts since Jan. 2008-- and has given over $10,000 to the County Exec since Feb. 12 2006 (and publicly fought for his political agenda).
Meyer Contracting also gave our County Executive $1350 in 2000 and $2500 in 2003, and got $3.5 million in county contracts in 1998, 1999, and 2000-- and $1.1 million in county contracts in 2004.

-- Marshall & Sterling got $1.6 million of our tax dollars in county contracts since Jan. 2008-- and gave
$750 to the Dutchess County G.O.P. Committee on Dec. 13, 2006. Marshall & Sterling also gave the Dutchess County Republican Committee $3000 in 1999, $800 in 2001, and $500 in 2003, and got $2.6 million in county contracts in 1998, 1999, and 2000-- and $1.5 million in county contracts in 2004.

-- Vosburgh J. Paul Architect PC got $483,000 of our tax dollars in county contracts since Jan. 2008-- and gave $2500 to the County Executive 10/14/06-- and $1000 to the County Executive 11/4/07. Paul Vosburgh gave our County Executive $4000 in 1995 and 1999, $2500 on 6/17/03, and got $497,000 in county contracts in 2000, and $56,000 in county contracts in 2004.

-- Bottini Fuel/Morgan Fuel & Heating Co. DBA got $440,000 of our tax dollars in county contracts since Jan. '08-- and gave $2000 to County Exec since 7/21/07; $1000 6/10/08 to Dutchess G.O.P. Comm.
Bottini Fuel gave our County Executive $2000 in 1998 and 1999, and got $241,000 in county contracts in 1997, 1998, and 2000.

-- H.B. Wiltse Excavating got $754,000 of our tax dollars in county contracts since Jan. '08-- and gave $1000 to the County Executive May 10, 2006.

-- NYCOMCO got $550,000 of our tax dollars in county contracts since Jan. '08-- and gave $1000 to the County Executive June 5, 2007. NYCOMCO also gave $2500 to our County Executive on 4/18/03, and got $382,000 in county contracts in 2004.

-- Dutchess Quarry & Supply Inc. got $1.1 million of our tax dollars in county contracts since Jan. 2008-- $100 to BS Apr. 6, 2007. Dutchess Quarry also gave our County Executive $200 in 1995,$2500 on 12/20/04, and got $458,000 in county contracts in 2000, and $647,000 in contracts in 2004.

-- Herb Redl got $230,000 of our tax dollars in county contracts since Jan. 2008 and gave our County Executive $3000 in 1995 and 1997-- also getting $277,000 in county contracts in 1997, 1998, 1999, and 2000, and got $11,000 in contracts in 2004.

-- Chazen Environmental Services got $45,701.69 of our tax dollars in county contracts since Jan. '08--
and gave $3000 to the County Executive since Feb. 26, 2006. Chazen Engineering gave our County Executive $2500 on 5/7/03 and $2500 on 12/19/04, and got $3200 in county contracts in 2004 alone.

-- Smith Environmental Laboratory, Inc. got $156,000 of our county tax dollars in contracts since Jan. '08-- and gave $800 to the County Executive since Aug. 16, 2006.

And that's not all folks...(again-- all of this from public records @ NYSBOE/DCBOE/Comptroller's office)...

Reclamation, Inc. (of Kingston) gave our County Executive $1000 in 1997 and got $1.3 million in county contracts in 1998, 1999, and 2000, and $157,000 in county contracts in 2004.

Highway Rehab Corporation (of Patterson) gave our County Executive $3000 in 1995,1999, and 2002, $1000 on 6/14/03, and got $429,000 in county contracts in 1996, and $218,000 in contracts in 2004.

York Hunter (of Kingston/NYC) gave $4000 to our County Executive in 1998 and
1999, and received over $2 million in county contracts in 1997, 1999, and 2000 (largely for work on Dutchess Community College classrooms and renovations on the county's fire training building).

Progressive Transportation Services, Inc. (of Horseheads) gave
our County Executive $1000 in 1999 (besides $1000 given previously), and got
$7.3 million in county contracts in 1998, 1999, and 2000.

Bank of New York (of New York City) gave our County Executive $1000 in 1995, and got $47,000 in contracts in 1996 and 1997.

Willkie, Farr, and Gallagher (of New York City) gave our County Executive $1000 on 12/20/04, and got $8960 in county contracts in 2004.

Bennett, Kielson, Storch, Yabhon, and DeSantis gave $1350 on 6/24/99 to the Dutchess County Republican Committee $920 on 10/25/99 and $300 to the G.O.P. Legislative Fund. They also gave the G.O.P. Legislative Fund $580 over the past three years ($190 on 10/23/02, $100 on 3/21/03, $100 on 9/15/03, $90 on 3/18/04, and $100 on 11/19/04); interestingly, each time no address was recorded on those finance disclosure statements- while all the addresses for other contributors were recorded. They got $55,000 in county contracts in 2000, and $74,000 in county contracts in 2004.

VanDeWater & VanDeWater gave $2500 on 5/24/99 and $1000 on 6/16/03 to our County Executive, $1000 on 10/12/00 and $500 on 8/14/99 to the Du. Co. Rep. Comm. They also gave $1025 to the Du. Co. Rep. Comm. in 2001, $1175 to them in 2002, $1100 in 2003, and $950 to them in 2004. They gave $515 to the G.O.P. Legislative Fund (on 9/9/03, 3/18/04, and 9/29/04 in total). They received $21,000 from the county in contracts in 1999 and 2000.

Hollowbrook Associates gave our County Executive $1000 in 1995, $2500 in 2002, and $1000 in 2003, and has gotten at least $55,000 a year in county contracts for many years, getting $63,000 in contracts in 2000 and a pledge from our County Executive for $55,000 a year for the following four years-- this is $15,000 more each year than what the Fishkill building would have cost the DMV; former County Clerk Dick Anderson wanted to make this move to save tax dollars and have after-hours drive-through service, but our County Executive and his Republican allies blocked it.

Montfort Brothers Quarry gave $1000 to our County Executive in 1995; they have been noticeably silent about their plans to destroy beautiful and historic Fishkill Ridge by turning it into a mine. They also gave $1750 in 2000 to the Dutchess County Republican Committee and $690 in 1999 and $550 in 2001 and $190 in 2003 to the G.O.P. Legislative Fund. Montfort Brothers also got $3571 in county contracts from the county in 1999 for highway and construction materials. Southern Dutchess Sand and Gravel gave the G.O.P. Legislative Fund $400 on 8/29/01.

Clove Excavators gave $2700 to our County Executive in 1995, 1997, and 1999, and got $2.6 million in county contracts in 1996, 1997, 1998, and 2000, and got $791,000 in county contracts in 2004.

Perreca Electric gave our County Executive $5000 in 1995, 1999, and 2002, $2500 on 4/23/03, $2500 on 12/13/04, and got $104,000 in county contracts in 1996 alone.

C.B. (Don/Richard) Strain gave $2000 to our County Executive in 1995 and 1999, $1000 in 2003, and received $4.2 million in county contracts in 1996, 1999, and 2000, largely for work on Dutchess Community College classrooms. They also got $331,000 in county contracts in 2004.

C.J./Jean W. Patrick Real Estate gave $3000 to our County Executive in 1995,
1997, and 1999, $1000 on 4/26/03, $1000 on 12/12/04, and got $287,000 in contracts in 1996, 1999, and 2000, and $164,000 in country contracts in 2004.

Star Gas gave $250 in 1999 to our County Executive and got $55,000 in contracts In 1999 and 2000, and $10,000 in contracts in 2004.

Morris Associates gave $2000 in 1999 and $2500 in 2004 to our County Executive. They received $6000 in contracts in 1999, and $15,000 in county contracts in 2004. They gave $500 to the Du. Co. Rep. Comm. in 1999, $900 to them in 2001, $1100 to them in 2003, and $155 in 2000, and $225 in 2004 to the G.O.P. Legislative Fund.

Freedom Ford gave our County Executive $1000 in 1995 and got $40,000 in county contracts in 1998, and $24,000 in county contracts in 2004.

Arthur Fried gave our County Executive $1000 in 1995 and got $132,000 in county contracts in 1998.

McCabe & Mack gave our County Executive $3500 in 1995 and 1999 and got $71,000 in county contracts in 1998 and 2000, and $92,000 in contracts in 2004.

James Sedore and/or his accounting firm gave our County Executive $6000 in 1995, 1997, and 1999, another $1000 on 6/12/03, and got $20,000 in county contracts in 1997 and 1998, and $10,000 in county contracts in 2004; they also gave the County Republican Committee $1350 in 1999, $400 in 2001, $950 in 2003, and $50 to the G.O.P. Legislative Fund in 2003.

Sucato Builders gave our County Executive $200 in 1999 and got $11,000 in county contracts in 2000.

Package Pavement gave our County Executive $500 in 1999 and got $7000 in county
contracts in 1998.

Cerniglia & Swartz gave our County Executive $500 in 1999 and $2500 in 2003 (and $3500 that election cycle, besides), and got $70,000 in county contracts in 2000, and $2800 in contracts in 2004.

Royal Carting gave $400 to the G.O.P. Legislative Fund in 2001, $100 in 2003, $1000 to the Dutchess County Republican Committee in 2000, and received $97,000 in county contracts in 1999, and $102,000 in county contracts in 2004.

H. G. Page gave $150 in 1999 to the G.O.P. Legislative Fund and got $22,000 in county contracts in 1999, and $7000 in county contracts in 2004.

Blacktop Maintenance Corporation gave the G.O.P. Legislative Fund $90 on 3/11/04 and got $366,000 in county contracts in 2004.

Liscum, McCormack, and VanVoorhis gave our County Executive $1000 on 6/18/03, $490 to the G.O.P. Legislative Fund in 2004, and got $16,000 in county contracts in 2004.

Prudential Serls gave our County Executive $2500 on 5/3/03 and $2500 on 12/20/04, and got more than $12,000 in county contracts in 2004.

Red Wing Properties gave $1000 to our County Executive on 6/19/03, and $45 to the G.O.P. Legislative Fund on 3/11/04, and got $27,000 in county contracts in 2004.

Corbally, Gartland, and Rappleyea LLP gave $50 to the G.O.P. Legislative Fund on 9/29/04; they got $4300 in county contracts in 2004.

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[scroll down for text of law proposed; Rockland law here: http://www.ecode360.com/?custId=RO1021 ]

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"Keep Improving Dutchess Ethics Law"

[Poughkeepsie Journal editorial 5/29/04-- over five years ago-- how much longer should we wait?!?]

"Accountability in Dutchess County government has taken a big stride forward recently-- though there's still room for improvement...more could be done to foster accountability. The Legislature could look to other counties, such as Rockland, for examples of strong laws. Dutchess could: * Limit campaign contributions to $100 if they come from individuals or organizations that do business with the county. This would minimize any appearance that they're buying political influence. * Put a $100 cap on ''soft money,'' or even eliminate it altogether. The term refers to gifts funneled through political parties or other means to get around direct contribution limits. Laws like these can help ensure that public servants remain honest in their official dealings. Dutchess County should continue to strive for integrity in government."

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"Ethics Law Must Cover Gift Limits"
[Poughkeepsie Journal editorial 9/16/00-- literally almost a decade ago-- how much longer do we wait?]

"Dutchess legislators recently took the high road and stepped up the ethics code for elected county officials, but there's more to be done on this road before they make an exit. In other words, they should approve important campaign finance reform proposals still pending to the revised county ethics law passed last week. These additions, proposed by Legislator Duane Smith, D-Beekman, would demonstrate across-the-board devotion to the highest ethical standards. To start off, Smith urges a $100 limit on all gifts to all candidates for county office from any person or company that does business with Dutchess County. That would eliminate any question of politicians returning favors for big campaign donations. Smith's additions also would strengthen bans on nepotism, cronyism and lobbying when it comes to appointed, paying positions in county government. His amendments would make it impossible for county officials to have close relatives in high-paying jobs, if other applicants are equally or better qualified. Besides, the lawmaker urges closing loopholes so campaign contributors doing business with the county don't appear to be buying political influence. Besides the ban on gifts worth more than $100, he advocates the elimination of ``soft money,'' gifts funneled through political parties or other means to get around direct contribution limits. Smith's proposals would provide just that. The Beekman lawmaker based his proposals on Rockland County's ethics law, which is superior to Dutchess' recently revised measure in several ways: It clearly defines conflicts of interest, simplifies the financial disclosure process and makes it enforceable, and ensures membership on the ethics board can't be controlled by a political majority. Anthony Quartararo, counsel to the Dutchess Legislature, and County Attorney Ian MacDonald say the county can't pass a campaign finance law because New York state law supersedes any county law. Not so, according to Rockland County's own legislative counsel, Bruce Levine, a Democrat. He and his GOP predecessor both determined that the Rockland measure is completely within the county's power and isn't in conflict with state law. According to the state attorney general's office, Rockland's law has never been challenged. If Rockland County has been able to pass and enforce these campaign finance reforms without legal problems, shouldn't Dutchess be able to do the same by using the same model? Dutchess lawmakers should investigate that question. They have already straightened out the mess that was the old ethics law, giving county residents clearer, stronger standards to use in judging elected officials. Making Legislator Smith's proposals part of that law would complete the job."

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Comments here from 50 local folks signed on to http://www.petitiononline.com/cleangov -- join us!...

50.
Chris Hackenbrock
Stop the corruption NOW!
12572
49.
stewart Kahn
pay to play must end. corrupts the process.
2434 rt. 9 g staatsburg, ny 12580
48.
Virginia Stern
Campaign finance reform guuidelines are the only way to curb the influence of money in government.
12514
47.
richard mchugh
go joel go!like davy crockett said,"if you are right,go ahead."
154 chelsea rd.,wappingers falls;ny12590
46.
Baccus Poxer
Democracy requires a level playing field, not one dominated by wealthy special interest groups
12545
45.
Dana Tompkins
There is and has always been only one way to combat this type of abuse, and that is to find a way to bring this to the attention of the voters, so they can take care of it in the next election cycle. Find what would be newsworthy to the national media, and put Dutchess County on the map for all to see.
73 College Lane Millbrook , NY 12545
44.
Joan Grishman
We are living in the results of bought govt..
Hyde Park, NY. 12538
43.
Edward Shaughnessy
I support the Clean Government Petition
P.O. Box 21, Millbrook, New York, 12545.
42.
Mark
I agree with petition
206 Spackenkill Road Poughkeepsie, NY 12603
41.
ilana nilsen
Do something that would make children proud
329 Camby Road, Verbank 12585
40.
julia widdowson
let's clean up our county now!
339 North Mabbettsville Road, Millbrook, NY 12545
39.
Cheryl K. Morse
We need to clean up county AND local government
P.O. Box 645, Amenia, NY 12501
38.
Vincent Martinez
-
12522
37.
Jessica
Will this ever be rectified
118 sodom rd staatsburg
36.
Natalie Embree
Let's clean it up!
8 Vista Drive, Poughkeepsie, 12601
35.
Joseph Rouleau
Voters demand clean elections and instant runoff voting.
200 Oakwood Ave, Troy, NY 12180
34.
Sean J. McDermott
I am a former Rockland County resident (now living in Dutchess) and Clean Government Works
12570

33.
Marian G Thompson
The practice of awarding contracts to corporations based on their campaign contributions to incumbents invites corruption, should be illegal and costs taxpayers more money if bids submitted are irrelevant in choosing the winners of contracts. The practice can also affect the quality of work completed.
1413 Hollow Rd, Clinton Corners, NY 12514
32.
Joni Handley
It's time to put democracy ahead of moneyed interests. Let's clean up our elections so we can clean up all levels of our government.
47 Partridge Hill Rd., Hyde Park, NY 12538
31.
Joseph Cosentino
Let's end the corrupt dictatorship and get back to a democratic society.
12590
30.
Doreen Tignanelli
A limit seems reasonable.
12603
29.
Richard Anderson
Run on your qualifications, not on how much influence you can peddle.
18 West Marshall Dr, Poughkeepsie, NY 12601
28.
Thomas Baldino
We don't want monied interests out side our government influencing governmental decisions.
19 North St., Beacon, NY 12508
27.
Richard Anderson
It's Time to Clean Up County Government
18 West Marshall Dr, Poughkeepsie, NY 12601
26.
David Sloman
I support this petition!!
12603
25.
Ted Ferris
Do the right thing
12585
24.
Chelsea Warburton
Government by the People and for the People
98 Lattintown Road, Newburgh, NY 12550
23.
Charles Warburton
Government by the People and for the People
98 Lattintown Road, Newburgh, NY 12550
22.
Jennifer Warburton
Power to the People!
98 Lattintown Road, Newburgh, NY 12550
21.
Anne Gayler
Please do the right thing.
148 Prospect Road, Monroe, NY 10950
20.
Jonnie Leinweber
Changes in current policy regarding political contributions is desparately needed! I agree wholeheartedly. But mostly, everyone needs to voice their opinions about this, it is our consitiutional right!!! Did I hear that England gives free airtime to all political candidates? This seems to suggest to me that ALL candidates have a fair chance of being heard, not just those with the most money.
12550
19.
Patrick Speno
I am in favor of the DCCGP
10 Ladue Rd Hopewell NY 12533
18.
Ken Thomas
Government BY the people ! This means all people not just the greedy wealthy!
12550
17.
Michael Cashdollar
reform Dutchess county govenment!
Saugerties, NY
16.
Frank Carbone Jr.
If it's happening in Dutchess co. -- it's happening elsewhere. Contributions should be strictly limited to individual voters. Businesses/owners should be completely restricted.
Newburgh, NY 12550
15.
Mark Wetzel
Family court & county wide corruption reform needed now! I love you, Gregory & Ashlan!
Pitman, NJ
14.
Adrienne Bradford
Reform family court now! I lost my children in Dutchess County Court because the system is totally whacked out.
Saugerties NY
13.
Victoria Fleming
With the corruption in the government, we have criminals & con artists from other states moving here. It makes me fearful for my children's future.
Poughkeepsie 12601
12.
Catherine Watters
County funds are not meant to be private slush funds for campaign contributors from outside the county. Let's get honest and keep the sunshine on this issue!
Rhinebeck 12572-1325
11.
William A. Sepe
An idea whose time has come
65 Gifford Avenue Apt #1, Poughkeepsie 12601
10.
Margaret Von Vogt
enough already
12603
9.
Richard R Carlson
Elected officals should not be rented out.
12590
8.
Dr. Duane W. Smith
It's an outrage that Dutchess County government is for sale.
12601
7.
bill costine
quid pro quo, government for sale in dutchess!! and cheap too!!!
108 rombout ave, beacon NY, 12508
6.
Douglas C. Smyth
Dutchess County needs a Rockland County-style ethics and campaign finance law. Incumbents should not have their campaigns subsidized by the contractors they approve for work in the county.
12580
5.
Douglas McComb
Government of the corporations, by the corporations, for the corporations, equals extortion.
37 Hornbeck Ridge, Poughkeepsie, NY 12603
4.
Guy Hathaway
Public financing of all candidates for election is an idea whose time came long ago. For truly "representative government", it is the taxpaying voters who should be represented, not special interests.
12572
3.
Vicky Perry
Contributions to political campaigns are a legitimate form of citizen participation, but the financial strength of contributors should not permit them to be a controlling influence on elections.
62 Old Post Rd. , Red Hook NY 12571
2.
Richard M. Anderson
Good government depends on not accepting political contributions from those who do business with the county.
18 West Marshall Drive, Poughkeepsie, NY 12601
1.
Richard Dennison
The American Republic cannot continue to exist without clean elections.
12533

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From http://www.petitiononline.com/cleangov ...(again-- join 50 others on board-- sign on to help, folks!)

[below was originally put together in '05-- but now obviously as pertinent as ever; Steinhaus, running for re-election against Ruggiero in '07, used pay-to-play to his advantage re: donations-- fact; see above]

"Now, more than ever, it's time for us to pull together to break the stranglehold grip that special interests have over our government at federal, state, and most importantly, the county level.

Public records at our county's Board of Elections and Comptroller's offices show that 43 different companies (including ten from outside our county) have given donations to top public officials and/or the Republican party-- and "coincidentally", it seems, have received literally millions of our county tax dollars in contracts.

In fact, over the last ten years ten companies from outside our county have given $30,000 to the Dutchess County Republican Committee, G.O.P. Legislative Fund, and our County Executive-- and received more than $13 million in county contracts.

The Poughkeepsie Journal has editorialized strongly twice over the last five years that our county should follow the example of Rockland County and pass a campaign finance reform law on the local level-- a $100 limit on campaign contributions to county officials or candidates from companies who do business with the county. Our County Legislature should delay no longer on this.

Incredibly, over and over again over the last five years Dutchess County Republicans have stated that it is "illegal" for our county to have a similar law-- even though Rockland County's law has been on the books now for well over five years, and no one has legally challenged it.

We need reform badly-- in 2003 our County Executive outspent his only challenger (the intrepid Fred Bunnell) by more than $260,000. Bunnell had less than $20,000 at his disposal, yet won over 40% of the vote-- one wonders at knows what the result might have been if our county had enacted campaign finance reform earlier. We can afford to wait no longer on this.

Look at the 1999 race for Dutchess County Executive. Steinhaus outspent hard-working citizen activist Irv Miller by about 8 to 1 then; Miller raised $14,000 (exactly the amount Steinhaus "just happened" to take in over 6 years from 7 county vendors who "just happened" to get $11 million in county contracts over that same period (from 1995 to 2001).

The Poughkeepsie Journal ran a detailed front-page story on some of this by Mary Beth Pfeiffer Oct. 31, 2003: "Corporate Donors Boost Steinhaus"-- "Twenty-three donors who gave $1000 or more to County Executive William Steinhaus's reelection campaign were paid more than $3.1 million last year for everything from road construction to plumbing supplies, a review of campaign reports and county spending shows."

Note-- the resolution I submitted last year on this was the exact same one, verbatim, as the one Duane Smith submitted four years ago-- with one important addition. Given the fact that we've been made aware last year of how public records show that the CEO of Castagna Realty (John Gutleber of Setauket) gave our County Executive a $2000 campaign donation on 11/12/03, and Castagna Realty itself (based in Manhasset) gave him $1000 the year before (11/29/02)-- and Castagna Realty is handling the real estate transactions for the so-called "Castagna Commerce Park" to be constructed in Pawling...and the fact that the "footprint" for those three buildings was the only property in Pawling added to our county's Empire Zone this year-- not one of Pawling's struggling small businesses was (perhaps they weren't able to cut Mr. Steinhaus $3000 checks)-- we've added language in the resolution addressing this as well.

One may wonder why our county's Board of Ethics doesn't seem to think any of this is a conflict of interest. Perhaps this is because one of the members of our county's Board of Ethics, Allan Rappleyea, is actually a member of a law firm that contributed to the G.O.P. Legislative Fund last year (Corbally, Gartland, and Rappleyea LLP), and got thousands of dollars in county contracts last year as well (see below for much more on this).

Thanks to County Legislature candidates Fred Bunnell, Richard Dennison, Vicky Perry, and Ron Ray for coming out to our July 1st press conference for Rockland-style campaign reform, along with Richard Carlson and Kathy Stewart. Note as well-- Kerry Mitras, Democratic Candidate for Dover County Legislator also indicated that he supported the press conference, but wasn't able to attend, and the Democratic Caucus of our County Legislature has been pushing since 2000 for our county to have campaign finance reform since Tyner helped bring together the Dutchess County Task Force for Campaign Finance Reform with former County Executive Lucille Pattison in 1998.

Two hundred years ago Thomas Jefferson warned his contemporaries of the "excesses of monied interests" deterring elected officials from truly serving the public. Unfortunately, it seems two centuries have passed without much progress on this issue.

Enough is enough. We deserve county government of, for, and by the people-- one person, one vote-- not one dollar, one vote. Period."

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Ricardo McKay, the Rockland County Legislature Attorney, sent this to us:

"I have checked with our County Attorney and there have been no lawsuits against Rockland County challenging the legality of the Rockland Campaign Finance Law.

Secondly, the City of New York has passed a Campaign Finance Law. That law has a detailed analysis of the power of a County to adopt it's own finance law. Please review that law for the authority you have asked about.

Next I would note that the opinion of the Controller's and the Attorney General's offices are not law. They are their opinions only.

Lastly I would point out that Rockland's law is addressed to the issue if whether a party can be a contractor with the County. It has now restriction as to ones ability to support financially any candidate of their choosing. If one wants to contract with the County, the County has the desire to avoid conflict of interest and the appearance of inappropriate conduct. The desire of the State to set contribution limits is not so great that it can prevent the County from controlling who can contract with it."

McKay cites five different lawsuits over the years that support the right of New York City, Rockland County, Suffolk County-- and yes, Dutchess County-- to pass local campaign finance laws...

Specifically, these: Resnick v. County of Ulster, La Cagnina v. City of Schenectady, Baldwin v. City of Buffalo, Adler v. Deegan, and Procaccino v. Board of Elections (see below)...

They're in this piece McKay sent us-- "A Symposium on Ethics in Government: The New York City Campaign Finance Act" by Jeffrey Friedlander, Stephen Louis, and Laurence Laufer (from the Winter 1988 issue of The Hofstra Law Review)...

"Section III. Local Legislative Authority and the Interaction with State Law

The New York City Corporation Counsel...concluded that the City has the authority to adopt a system of public campaign financing. Article IX of the New York State Constitution establishes in state law the principle of local home rule. That article sets forth several bases of local legislative authority which support enactment of the New York City Campaign Finance Act. Specifically, article IX provides, "In addition to powers granted in the statute of local governments or in any other law,...every local government shall have the power to adopt and amend local laws not inconsistent with the provisions of this constitution or any general law relating to its property, affairs, or government..." Not only is this broad authority granted to localities by the people and the legislature, but the Constitution also provides in article IX that the "rights, powers, privileges and immunities granted to local governments by this article shall be liberally construed."

The New York City Campaign Finance Act falls within the scope of the city's "property, affairs, or government." This is clear from the purposes of the law: (a) to help ensure the ethical conduct of city officials by reducing the political influence of large contributors; (b) to give candidates a fair chance to express their views to the electorate; (c) to keep voters informed of local campaign issues; and (d) to increase public confidence in the electoral process.

The courts of the state have held that a local law may relate to the "property, affairs or government" of the locality, notwithstanding the fact that it pertains to the electoral process.

* In Resnick v. County of Ulster, the New York Court of Appeals, relying in part on the "property, affairs or government" provision, rejected a challenge to a county law requiring that vacancies in the board of supervisors be filled by vote of that body's remaining members.

* In La Cagnina v. City of Schenectady, the Supreme Court, Special Term, for Schenectady County upheld a local law prescribing how a proposal being voted on in a referendum was to be stated on the ballot.

* Baldwin v. City of Buffalo is especially significant. There the Court of Appeals upheld against constitutional challenge a local law altering the boundaries of local election districts within the city of Buffalo. The court held that "the State has no paramount interest" in a change in the law pertaining to local elections and the locality may therefore change ward boundaries pursuant to its authority over its "property, affairs or government." This reasoning applies to the public financing of local campaigns as surely as to the alteration of ward boundaries.

The fact that the state legislature has regulated some aspects of the financing of local elections does not necessarily imply that city authority to act in this area is preempted. In interpreting the home rule provisions of the state constitution, the Court of Appeals has long recognized that many matters of public concern may affect state interests while also relating to the "property, affairs or government" of a locality. In such areas of overlapping interests, state and local laws may coexist.

* In Adler v. Deegan, for example, Chief Judge Cardozo noted that the enactment of the Multiple Dwelling Law, a special state law establishing minimum structural standards for apartment houses in New York City, did not exclude construction activities from the City's "property, affairs or government." The state's interest in safeguarding public health, embodied in the Multiple Dwelling Law, did not, in Judge Cardozo's view, diminish the city's interest in regulating the density and structure of buildings, embodied in the City's Zoning Resolution. The two enactments could thus exist side by side in an area of "concurrent jurisdiction."

* Regulation of the electoral process as it affects local elections is similarly an area of joint state/local interest and jurisdiction. In Procaccino v. Board of Elections, the court recognized this concurrent concern in considering a state law pertaining to the conduct of primary elections for certain local offices in New York City, stating that "the elective process delineated in [the statute] is of concern both to New York City insofar as it affects the City, and to the State, insofar as control over the elective process and its conduct resides in the legislative power...The court's statement in Procaccino applies equally as well to campaign financing in local contests, which implicates both the city's interest in good government and the state's interest in ensuring fair elections as the basis of a democratic policy. The Election Law and the new City law may thus coexist in the same regulatory area...

Current state law restricting campaign contributions does not contain, and the relevant legislative history does not provide, an express statement that the state legislature intended to preempt local laws providing optional public financing of local election campaigns...

An examination of the history, scope and purposes of state laws pertaining to campaign contributions and expenditures demonstrates that existing state law does not preempt the local campaign finance law. The state campaign contribution and receipt rules set forth in article 14 of the Election Law do not constitute a comprehensive and detailed regulatory scheme which is indicative of legislative intent to occupy the entire field of campaign financing. To the contrary, the scope of article 14 is relatively narrow, focusing on only one aspect of campaign financing-- campaign contributions by private persons and entities..."

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[text here of Dutchess law-- based on Rockland law-- http://www.ecode360.com/?custId=RO1021 ]

Title. This chapter shall be known as the "Dutchess County Campaign Reform Act of 2009."

Definitions.
As used in this chapter, the following terms shall have the meanings indicated:

CANDIDATE
Any person seeking election to any County position, as defined by the New York State Election Law, within the County of Dutchess, including any political committee formed for the sole purpose of electing one or more candidates, as defined herein.

DONATION
The transfer, to a candidate, of any tangible or intangible property, including but not limited to cash, check, money order, ticket or admission to social, artistic or sporting event, use of office space, equipment or postage, whether temporary or permanent, and any other real or personal property for the purpose of obtaining election to any position as defined in § 223-2 of this chapter.

ELECTION
The calendar year in which any primary, general or special election takes place.

ELIGIBLE VOTERS
Those persons eligible to vote in a specific election, as defined by the Dutchess County Board of Elections.

INDIVIDUAL, CORPORATION, LOBBYIST OR OTHER ENTITY DOING BUSINESS WITH THE COUNTY
Includes those individuals or organizations appearing on the County's vendor's list or contract agencies list; or those who are acting as contractor or supplier for which role they are paid County funds. However, this definition shall specifically exclude individual employees and their immediate family who are not beneficial owners of more than 10% of a corporation or other entity doing business with the County, unions, employees of local governments and individual members of any union, if employment or membership is their only business relationship with the County.

LOBBYIST
Any individual who, for remuneration of any kind, influences or attempts to influence any County official. Any such lobbyist shall register, on a form provided by the Clerk to the Legislature, as such lobbyist for any calendar year in which said lobbyist performs such lobbying service for remuneration of any kind.

SPEND
Transfer any tangible or intangible property, including but not limited to cash, check, money order, ticket or admission to social, artistic or sporting event, use of office space, equipment or postage, whether temporary or permanent, or any other real or personal property for the purpose of obtaining election to any position, as defined in this chapter.

Prohibited acts.

A. Donations.

(1) No individual, corporation, lobbyist or other entity doing business with the County of Dutchess shall make a donation, in the aggregate, of more than $100 to any candidate during any primary, special or general election campaign.

(2) No candidate shall knowingly accept any such donation in excess of $100.

B. Expenditures. No candidate shall spend, in any general, special or primary election, a sum in excess of the amount calculated by multiplying the sum of $2 by the number of persons eligible to vote in such election.

Vendor's list and contract agencies list.

A. The County Executive shall, on a quarterly basis, direct the Dutchess County Director of Purchasing to compile a list of names, based on the County's records, listing those individuals, corporations or other entities doing business with the County of Dutchess, as defined in § 223-2 of this chapter. This list shall be available for public viewing in the office of the Dutchess County Board of Elections.

B. The County Executive shall, on a quarterly basis, also direct the Dutchess County Director of Budget and Finance to compile a list of those contract agencies that receive funding from the County of Dutchess. This list shall be available for public viewing in the office of the Dutchess County Board of Elections.

Penalties for offenses.

Violation of this chapter shall be punishable, for the first offense, by a fine of not less than $250 or three times the amount illegally contributed, whichever is greater, and each subsequent violation shall be punishable by a fine not less than $500 or four times the amount illegally contributed, whichever is greater, to be enforced through a civil procedure by the County Attorney.

Complaints.

Any complaints of alleged violations of this chapter may be made to the Dutchess County Board of Elections, which shall notify the County Executive and the Chairman of the County Legislature when it has received a complaint of alleged violation of this chapter. The Board of Elections shall then proceed to investigate whether in fact this chapter has been violated and shall make a determination. If the Board of Elections determines that this chapter has been violated, the person or committee who allegedly violated this chapter shall be given 15 days, after notice by the Board of Elections, to return the money or correct the violation. If said party fails to do so within 15 days, after notice by the Board of Elections, the matter shall be referred to the County Attorney's office for enforcement of a civil proceeding to collect an appropriate civil penalty, which will be payable to the County of Dutchess.