Gotham Gazette http://www.gothamgazette.com/component/tags/tag/1073 Tue, 12 Dec 2017 00:46:07 +0000 en-gb webmaster@gothamgazette.com (Webmaster) ‘Zombie’ Charter School Agreement Rests on Interpretation of Ambiguous Law http://www.gothamgazette.com/?id=7056:zombie-charter-agreement-rests-on-interpretation-of-ambiguous-law http://www.gothamgazette.com/?id=7056:zombie-charter-agreement-rests-on-interpretation-of-ambiguous-law de blasio law interpretation

(photo: Demetrius Freeman/Mayor's Office)


A much talked-about provision of Mayor Bill de Blasio’s 13th-hour deal to have his control over city schools extended was the agreement that 22 revoked or surrendered charter school charters could be reissued without counting towards the predetermined state cap on the number of charter schools.

In exchange for a two-year extension of mayoral control of city schools, de Blasio agreed to a series of charter school-friendly administrative maneuvers, including the “zombie” charter provision, as well as others around rental reimbursements and school space allocations. The mayor made the deal with state Senate Republicans, Governor Andrew Cuomo, and their charter sector allies.

What has not been widely noted is that language added to the state Education Law at the end of the 2015 Albany legislative session already allowed exactly 22 charters that had been “surrendered, revoked or terminated” on or before July 1, 2015, to be reissued, raising the question of why it was necessary to clarify that point at all.

The answer might lie around the ambiguity of the language. The law states that “such reissuance shall not be counted toward the statewide numerical limit” – the cap of 460 charters – but makes no mention of the separate limit of 50 charters issued after July 1, 2015, for cities of one million or more people, a criteria only New York City fits.

The mention of the state cap and omission of the city cap could be understood as affirming that charters which were revoked and then reissued in the city would continue to count towards that predetermined ceiling of 50, of which there are now 23 remaining aside from the defunct “zombie” charters. It seems that the mayoral administration’s concession was not to read the law that way.

In a brief phone conversation, Department of Education (DOE) spokesperson Toya Holness said Monday that the administration “agreed not to challenge the way [the law] was being interpreted,” but declined to offer examples of potential alternative interpretations.

Scott Reif, a spokesperson for Senate Majority Leader John Flanagan, said that it was the Senate Republican majority’s “position that those 22 ‘zombie’ charters shouldn’t be counted towards any kind of cap.”

In essence, state authorizers issues the charters that allow applying entities to open charter schools, but for one reason or another some are revoked or the schools close down, leaving the question of whether those charter slots under either of the two caps are newly available.

Wrangling over the status of revoked charters has been going on for years; in 2010, before the law was changed to include specific directives on reissuing charters, an Assembly bill introduced by charter-friendly Democrats tried to establish that “that revoked charters will no longer count against the cap,” according to its summary. It didn’t pass at the time.

The reissuable charters won’t be separately marked, but simply added the available pool of charters under the cap, which now appears to stand at 45 for New York City, where 216 charter schools currently operate. Potential schools hoping to secure a charter must follow the normal application procedures through state authorizers -- New York City’s Mayor and Department of Education actually have very little control related to charter schools, less so given changes to the laws ushered in by Senate Republicans and Cuomo after de Blasio, a longtime charter foe, took office in 2014. Senate Republicans and Cuomo are supportive of charters and well-funded by charter allies, while de Blasio and state Assembly Democrats are close with and funded by teachers unions, who see largely non-unionized charters as anathema to their survival.

It is not clear why the law was amended to permit specifically 22 reissuances, nor who exactly included the language. It was part of the 72-page end-of-session bill passed on June 25, 2015 that includes a wide variety of measures.

Even if the de Blasio administration stands down from challenging the charter stipulation, the lack of legal clarity means that another entity could. Public school advocates and teachers unions in particular have been consistent opponents of charter school expansion, and have been willing to use legal tools to stop it.

In 2013, the United Federation of Teachers filed a lawsuit against the DOE to try to stop it from offering space to charter schools in existing city public schools; the suit was eventually dismissed by a judge. The UFT, which is largely allied with de Blasio, did not return a request for comment about whether it would challenge the agreed upon interpretation of the charter school law.

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by Felipe De La Hoz, Gotham Gazette
     

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‘Zombie’ Charter School Agreement Rests on Interpretation of Ambiguous Law Tue, 11 Jul 2017 04:00:00 +0000
Trump Could Tip Key Races for State Senate Control http://www.gothamgazette.com/?id=6482:trump-could-tip-key-races-for-state-senate-control http://www.gothamgazette.com/?id=6482:trump-could-tip-key-races-for-state-senate-control Trump NY GOP

photo: @NewYorkGOP


New York State Senate Democrats have picked up seats in every presidential year in the past two decades. They’ve been chomping at the bit for Hillary Clinton, a former New York Senator, to head the presidential ticket, telling anyone who would listen that she would bolster turnout for them and win them swing districts, thereby securing them control of the chamber, perhaps for good.

What the Senate minority didn’t count on was the Republican presidential candidate being toxic to black and Hispanic voters and alienating a significant portion of his own base, giving even greater hope to Democrats for a takeover of the only lasting Republican stronghold in New York State government.

According to recent polls, that is exactly the situation Senate Democrats are in, and their optimism is running high. With less than three months until Election Day a Siena University poll released Monday found that in a two-way race, New York voters prefer Clinton to Donald Trump 57-27 percent.

Worse for Senate Republicans who hope to hold off Democrats in key races on Long Island and in the Hudson Valley is that Trump trails Clinton in both the suburbs and upstate by 11 and 8 points, respectively. “The top of the ticket has always had a major impact for us,” Democratic State Senator Mike Gianaris of Queens told Gotham Gazette, referring to the fact that more Democrats vote in presidential years than non-presidential years. “I think the top of the ticket is going to be a real problem for Senate Republicans.”

Scott Reif, spokesperson for Senate Republicans, sent Gotham Gazette the following statement: "Rather than hope and change, the entire campaign strategy of the Senate Democrats this year seems to be hope and hope. They hope that the Republican presidential candidate is a drag on the bottom of the ticket. They hope that Hillary Clinton has long enough coattails to sweep them into office. The Senate Democrats don't stand for anything and they have no vision for where they want to lead this state. We're going to grow our majority because we have delivered for hard working New Yorkers, starting with a $4.2 billion income tax cut that will slash middle-class taxes by 20 percent and a record level of support for education, including complete elimination of the GEA."

Mike Murphy, spokesperson for Senate Democrats, responded: “The GOP are getting desperate. This year will be a historic year for Democrats. The people are sick and tired of the Republican Conference that has blocked women's health choices, stood up for special interests and elected corrupt leader after corrupt leader.”

There are currently 32 Democrats and 31 Republicans in the chamber but Republicans maintain control with the help of Brooklyn Democrat Simcha Felder, who caucuses with Republicans, and the five-member Independent Democratic Conference, which has a governing coalition agreement with Republicans. The IDC appears to be in the process of strengthening its position and attempting to expand its membership in anticipation of Democratic victories. Meanwhile, leading Senate Democrats met with Gov. Andrew Cuomo earlier this month to discuss efforts to win the chamber, as first reported by Politico New York.

Cuomo has historically allied himself with Senate Republicans, at times promising support to Senate Democrats that never appeared. Some insiders insist the meeting shows that Cuomo sees the writing on the wall and that he will look to keep his influence in the chamber by utilizing the IDC. Several Senate Democrats said that Cuomo has shown more interest in supporting Democrats this year than he has since he was elected in 2010. Still, Senate Democrats say as much as they would like his support, they aren’t counting on it.

According to Democrats, political experts, and polls, Trump is driving away parts of the Republican base. The GOP nominee’s rhetoric appears to be energizing pockets of new voters who want to see him defeated. Eighty-five percent of black voters surveyed said they would vote for Clinton if the contest was “held today,” with only 8 percent saying they would vote for Trump. Seventy-six percent of Latinos surveyed said they would vote for Clinton if the race was “held today,” while 10 percent said they would vote for Trump.

African-Americans and Hispanics are two voting blocs that will have major impact in races on Long Island. Senate Democrats have policies that appeal to many voters of color, including criminal justice reform measures and the DREAM Act, which provides financial aid to children of undocumented immigrants. Senate Republicans have blocked these reforms in Albany.

Republicans charge that Democrats have been bad for the economy, namely for small businesses and job creation, and point to an MTA tax put in place while the Democrats controlled the Senate from 2009 to 2010.

Senate Democrats have recent precedent on their side as their candidate, now Senator Todd Kaminsky, won the highly contested special election for the 9th Senate District in April to replace former Senate Majority Leader Dean Skelos. Skelos was forced from office after being convicted on multiple federal corruption charges.

“We had a test run where people thought Trump would be a draw and what we found is more Democrats turned out,” said Sen. Gianaris, who runs the Senate Democrats’ campaign efforts and noted the special election took place when Trump was riding high on primary victories and had yet to begin to self destruct.

Doug Muzzio, professor of political science at Baruch College, noted that Trump’s impact on down ballot races is hard to gauge at this point given his nontraditional candidacy. “The question is, ‘Can he motivate people to go to the polls who haven't voted before, who have not been polled?’ And then you have to factor in that the more people know about Trump, the less likely they are to vote for him”

However, Muzzio said that it is impossible for Republicans to ignore the results of the special election. “Kaminsky was still a test case and the results mean they are in trouble,” Muzzio told Gotham Gazette.

Evan Thies, founder of Brooklyn Strategies, a political consultancy used by Kaminsky, said that the trend he is fascinated by in current polls is the declining support of registered Republicans for their own party. “The biggest problem Trump created is not for himself but for the Republican Party. The favorability for the party itself has plummeted,” Thies told Gotham Gazette.

Thies said that since Trump won the nomination polls have shown more Republicans dissatisfied and disconnected from their party while Democrats’ favor for their own party has grown.

“If the election was held tomorrow, Trump could depress Republican turnout,” said Thies. “You could begin to see a concerted effort for down ballot Republicans to disassociate themselves with Trump and create a local brand.”

The Siena poll shows that in a head-to-head matchup 81 percent of Democrats surveyed said they would vote for Clinton, while only 55 percent of Republicans say they will vote for Trump. Meanwhile only 24 percent of voters surveyed saw Trump favorably with 72 percent saying they saw him unfavorably. Meanwhile, 52 percent of Republicans surveyed favored Trump with 46 percent saying they saw him unfavorably.

Republican Senate Majority Leader John Flanagan gave a full-throated endorsement of Trump at the Republican National Convention in July. According to State of Politics he told the New York delegation: "I’m going to make this unequivocally clear: I’m supporting Donald Trump for President. I’m going to do so with grace, with diplomacy, with passion and with fervor, and I’m going to do it with New York style.”

KEY RACES
Like Flanagan and Kaminsky, Senator Jack Martins represents part of Long Island. Martins decided, however, to forgo attempting reelection to run for an open Congressional seat. He has not endorsed Trump, something many Democrats see as a significant indication of Republicans’ fear of Trump’s impact on important Long Island races. The race to replace Martins in the 7th Senate District is one of the top races in the battle for Senate control.

Martins discussed his decision on Effective Radio with Bill Samuels on Sunday, saying, “Thankfully, I’ve always run as an individual. I’ve had the opportunity through elective office to take stances on different things and people know who I am, so I’ve been able to use that and show through experience that I listen, I work across the aisle, I get things done,” Martins said.

Seeking to replace Martins are Democrat Adam Haber, a businessman, and Republican Elaine Phillips, who is the mayor of Flower Hill. Haber, who unsuccessfully challenged Martins in 2014, is leading in fundraising. Democrats have a 20,000 voter enrollment advantage in the district and held the seat from 2007 to 2010. As in other swing districts, turnout will be key, and that is where Clinton and Trump may factor in decisively.

Sen. Kaminsky will again face Republican opponent Chris McGrath. Running as an Assembly member, Kaminsky won the special election by about 1,000 votes. Democrats think Kaminsky will perform even better as the incumbent and with Republican turnout suppressed by Trump’s performance. Republicans hope independents, who couldn’t vote in the Republican presidential primary, may now vote for McGrath when they come out to vote in November. But the recent Siena poll shows independent New York voters favor Clinton by about 10 percentage points, though it is not clear how Long Island independents feel.

Longtime Republican incumbent Senator Kemp Hannon of Garden City, the 6th Senate District, is battle tested, having dispatched a number of strong Democratic challenges. But this year he again faces Democrat Ryan Cronin, who he narrowly defeated in 2012. Hannon’s district has seen steady growth in Democratic registration and he could be in danger if Trump depresses Republican turnout.

Republican Senator Bill Larkin of the Hudson Valley’s 39th Senate District also faces a rematch against his 2012 challenger, Chris Eachus, who he defeated by five points. Many observers wondered whether the 88-year-old Larkin would run for reelection as he has kept an extremely low profile in the district. Democratic registration has also grown in this district with registered Democrats now outnumbering Republicans 62,824 to 50,130 amongst active voters.

Thies said that one key trend to watch in Long Island races is whether Trump’s position moves the needle on black and Latino turnout. “African-American and Latino voter numbers should give Democrats a big advantage in key races on Long Island,” said Thies, “but in previous years turnout didn't match registration. Trump has now poked a very big bear. If we see even a marginal uptick amongst African-American and Latino voters Republicans could face a major challenge.”

Democrats are hoping to unseat Republican Senator George Amedore, of the 46th Senate District, who soundly defeated Democratic incumbent Cecilia Tkaczyk in 2014. But in this case, as in many others, Democrats are hopeful that their candidate’s performance in past presidential election years is a sign of things to come. Amedore’s district was tailor-made for him in the 2010 redistricting process, but Tkaczyk narrowly won it in 2012, when President Obama was re-elected. The district continues to grow more Democratic and the challenger, Sara Niccoli, has out fundraised him. Democrats outnumber active Republican voters in the district 61,976 to 51,850.

Some Democratic operatives expect that Trump’s cratering poll numbers and controversial positions could put dark horse races in play - races that Senate Democrats haven’t invested in as of yet.

One of those races is for Senator Kathy Marchione’s 43rd district seat, where Republicans lead Democrats 62,268 to 53,650 in voter registration. The district is home to about 15,000 registered voters unaffiliated with a party, known as independents. It may now be in play thanks to Marchione’s botched reaction to water poisoning in the small town of Hoosick Falls.

Marchione, a Republican, flip-flopped on whether it was necessary to hold legislative oversight hearings on the state response to the Hoosick Falls crisis, and at one point introduced an amendment to her own bill designed to help residents sue companies for water poisoning that would have basically killed any chance of it passing both houses. Marchione then reversed herself after major backlash from residents and environmentalists. The Senate is now scheduled to hold hearings into Hoosick Falls at the end of August.

Marchione’s Democratic opponent, Shaun Francis, said he isn’t concerned about how his race plays into the larger political picture, whether it be Senate control or the presidential race. “Having poisoned water isn’t a Democratic or Republican issue,” Francis said in an interview with Gotham Gazette. “The incumbent’s actions in session really opened a lot of eyes in the district of people who were concerned for their health. Regardless of whether they were Republican or Democrat people in the district saw that she is incapable of doing her job.” Marchione’s office did not respond to a request for comment.

Republican Senator Hugh Farley, 83 years old, has represented the 49th district that is comprised of Schenectady, Fulton, Herkimer and Saratoga Counties since 1977 and will not seek reelection. Pundits see his hand-picked successor, Assemblymember Jim Tedisco, as a sinch for the seat, but Tedisco lost a 2009 Congressional bid to Democrat Scott Murphy despite running in a district with Republican registration advantage and having significantly better name recognition. Republicans currently hold a 67,924 to 53,012 active voter registration advantage in the district. Democratic challenger Chad Putman holds little name recognition in the district but depressed Republican turnout could make the race closer than expected.

Muzzio said he expects to see some Senate Republicans “disavow Trump” in the coming weeks if his current trajectory continues, but in Upstate districts Muzzio said he isn’t sure Trump will actually be a hinderance. “I expect in some Upstate districts we will see turnout for Trump higher than for Democrats,” said Muzzio. He also warned that the presidential race has already been so volatile that he wouldn’t be surprised to see the dynamics shifted by an outside force, like more damaging documents leaked about Clinton, or revelations from investigations into her use of the Clinton Foundation or of her home-made email system.

Thies said that despite the good news Democrats see in Trump’s recent poll numbers they are aware that there is more at play and more to do in the battle for Senate control. “Their position is looking good, but they still have to get their message out to voters,” he said of Democrats. “You will not see anyone taking their foot off the gas pedal because the stakes are too high and you could very well see down ballot Republicans utilizing an effective vote-local message.”

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by David King, Albany editor, Gotham Gazette
     

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Trump Could Tip Key Races for State Senate Control Tue, 16 Aug 2016 04:00:00 +0000
Senate Republicans Face Departures with Battle for Control Looming http://www.gothamgazette.com/?id=6447:senate-republicans-face-departures-with-battle-for-control-looming http://www.gothamgazette.com/?id=6447:senate-republicans-face-departures-with-battle-for-control-looming flanagan

Senate Majority Leader Flanagan, second from right (photo via Facebook)


New York State Senate Republicans are headed into a fight for their survival, dealing with the departure of veteran lawmakers, top staff, and one rising star.

The impending fall elections for all 63 Senate seats will test control of the chamber by Senate Republicans, the party’s only check on Democratic strongholds in the state Assembly and four statewide offices, including Governor. There are currently 32 Democrats and 31 Republicans in the chamber but Republicans maintain control with the help of Brooklyn Democrat Simcha Felder, who caucuses with Senate Republicans, and the five-member Independent Democratic Conference.

Senate Democrats have picked up seats in every presidential election year since 2000.

Sen. Hugh Farley, an 83-year-old Republican representing the 49th Senate District, announced earlier this year that he won’t seek another term. He’s served in the Senate since 1977.

Sen. Mike Nozzolio, a 65-year-old Republican representing the 54th Senate District, decided not to seek reelection this year citing a heart condition. He’s served in the Senate since 1992.

Sen. Jack Martins, a younger member of the Republican conference at 49, was only elected in 2010 and was seen as a future leader in the conference, but he has forgone reelection for a congressional bid. Senate Republicans reportedly pushed Martins to stay in the Senate to help them hold a majority.

And top Republican staffers Robert Mujica (budget) and Kelly Cummings (communications) departed for the Cuomo administration this year, resulting in something of a brain-drain. The conference faced a challenging year as divisions between upstate and downstate members appeared to boil over during budget negotiations, a rarity for the generally lockstep conference. Senate Majority Leader John Flanagan of Long Island, who defeated Sen. John DeFrancisco of Syracuse to replace former Majority Leader Dean Skelos, has kept up the friendly, mutually beneficial relationship with Cuomo that Skelos started, which has irked a number of upstate legislators.

To hear Democrats tell it, Senate Republicans are realizing that they won’t be able to keep the chamber during a presidential election year. “We’ve picked up multiple seats during each presidential election year in this millennium,” said Queens Sen. Mike Gianaris, who chairs the state Senate Democratic Campaign Committee. “I can't blame them,” Gianaris said, referring to senior Senate Republicans deciding not to seek reelection. “They see the writing on the wall.”

“When talented people see that their future isn't with the Senate Republicans it is telling,” he said of the departures of Cummings, who left recently, and Mujica, who became Cuomo’s budget director at the start of the year.

Senate Republican spokesperson Scott Reif said that recent departures are not a reaction to changing political tides. "Whether it's a long-serving Senator who chooses to retire or a staffer who decides to pursue another opportunity, these are personal decisions that were made at an appropriate time,” Reif said. “While the Senate Democrats want to make this out to be far more than it really is, the truth is that these changes will have no impact whatsoever on the state of the Senate Republican Conference or our prospects for the fall. We have strong incumbents who are running on a record of accomplishment, first-class challengers who are going to help us pick up seats, and an experienced and professional staff that is second to none. We are confident we're going to grow our majority in November."

Blair Horner of the New York Public Interest Research Group said that the departure of Mujica and Cummings to Cuomo’s office may not be indicative of anything more than the governor’s need for staff with high-level experience in state government and their desire to advance their careers. “They have the experience in the higher levels of government, so it makes their hiring unsurprising,” said Horner, who once left NYPIRG to work for the governor during Cuomo’s time as attorney general. “New York has tough revolving-door rules so in some cases it's hard for folks to leave government, so they are constantly looking for ways to move up to gain new experience.”

Senate Republicans lost control of the State Senate for the first time in decades in 2008, when Democrats rode the Barack Obama wave. In 2009 Senate Republican leadership and rogue Democrats launched a coup that paralyzed state government for weeks. Republicans won back control through the 2010 elections (seats in the state Legislature are voted on every two years), but after Democrats picked up seats in 2012, Republicans cut a deal with the Independent Democratic Conference and Democratic Sen. Simcha Felder that allowed them to keep control.

Republicans again won outright control of the chamber in 2014 and the IDC took on a lesser role while continuing a governing coalition. However, Republicans were unable to win the special election to replace Skelos, the former majority leader removed from office after a corruption conviction. That election sets the stage for this fall.

Sources from both the mainline Democratic conference and IDC say relationships between the two have improved and that there is room for discussion about a partnership after the November elections.

Republicans face the departure of three incumbents and increasing Democratic voter registration in key districts, but their campaign committee does have a fundraising advantage over the Democrats.

While Democrats see the decision of some Senior Republicans not to seek reelection as a sign of their impending victory, in most cases, the departing Republicans are not at all likely to be replaced by Democrats. Instead, Democrats expect to make big gains on Long Island while the open seats will prove a distraction where Republicans will have to invest some resources to establish their new candidates.

Sen. Farley anointed Assemblymember Jim Tedisco, a former Assembly minority leader, to replace him. Tedisco has served in the Assembly since 1983 and his Assembly district shares much of Farley’s Senate district in Schenectady and Saratoga counties. He is the favorite in the upcoming Republican primary in September. Democrat Chad Putman announced his campaign earlier this year before Farley had decided to retire. He said he is happy residents of his district will have new representation for the first time in 40 years, but he recognizes that Tedisco is equally well known as Farley and while he isn’t the incumbent, Tedisco enjoys many of the benefits of incumbency.

“I’m 41 years old and when I jumped into the race in January I was facing someone who has served for 40 years,” said Putman, referring to Farley. “So it is exciting that everyone in the district will have a new representative, but it speaks to the need for various reform measures so that more folks are able to get involved in the process. Farley’s departure means that I’m now facing an assemblyman who has served for 30 years and was able to roll over $100,000 from one campaign account to another. He already has the groundwork in place.”

Putman said he is trying to lead by example - refusing to take large donations from political action committees (PACs), corporations, and LLCs. “I’m implementing the changes I’d like to make to the system in my own campaign,” said Putman.

Tedisco’s campaign did not return requests for comment.

Democrats also have their eyes on the seat of 88-year-old Sen. Bill Larkin, who began his political career in the Assembly, where he served from 1979 to 1990 before being elected to the Senate. Many political operatives thought Senate Republicans might replace Larkin on the ballot as he’s recently come under attack for taking two state pensions; writing a letter of support for Skelos during his trial; and controversy over a criminal investigation into the treasurer of his campaign committee. But Larkin remains in the contest. The district has seen Democratic registration rise drastically and Larkin is now set to face former challenger Chris Eachus, a county legislator who came within two percent of defeating him in 2010.

The race to replace Nozzolio in the district that includes the area around Lake Ontario and the Finger Lakes, is expected to be settled in the Republican primary although a Democrat is running in the general.

Sen. Gianaris, of the Democratic conference, said that there is still a silver lining for Democrats in the races to replace Farley and Nozzolio despite the fact that Republicans are favored to win. “It’s not only the debate, but the ideas put forward by [a Democrat] who wins or comes close. It shows that those issues are something people care about and in a year where people are screaming for change, Democrats are the only ones who can give it to them because the Senate Republicans have been champions of the status quo.”

The seat held by Martin, the Republican Senator running for Congress on Long Island, will come down to a contest between Republican Elaine Phillips, mayor of Flower Hill, a small town in Nassau, and Adam Haber, a Democratic businessman who lost a challenge to Martins 56-43 percent during the last election. Democrats are bullish on Haber’s candidacy.

As bright as Senate Democrats think their future may be there always appears to be storm clouds on the horizon for them. Democrats have hoped to capture multiple seats on Long Island before only to see their candidates fall apart.

There is still the question of whether Gov. Andrew Cuomo will take any measurable action to boost Democratic Senate candidates - especially since Senate Republicans helped Cuomo deliver a $15 minimum wage and paid family leave this year, along with Cuomo’s general predilection to boost, or at least not target, Senate Republicans.

The Times Union recently reported that the powerful health care union 1199-SEIU plans to back Senate Republicans, although Gianaris said he had not heard that from the union. Politico NY reports that 1199 has actually donated more money to Senate Democrats than Republicans thus far in this cycle.

As they do every four years, Democrats are planning on a stronger turnout due to the race for President, and some think that having Donald Trump at the top of the ticket will hurt down-ballot Republicans. Both Trump and Democratic nominee Hillary Clinton have strong New York ties, though.

“Every bit matters,” admitted Gianaris, “but none of it compares to the tidal wave that accompanies the presidential elections. It is more pronounced every year.”

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by David King, Albany editor, Gotham Gazette
     

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Senate Republicans Face Departures with Battle for Control Looming Wed, 20 Jul 2016 04:00:00 +0000
Heastie Takes to Twitter to Respond to Cuomo on Tax Plan http://www.gothamgazette.com/?id=6158:heastie-takes-to-twitter-to-respond-to-cuomo-on-tax-plan http://www.gothamgazette.com/?id=6158:heastie-takes-to-twitter-to-respond-to-cuomo-on-tax-plan cuomo heastie standing photo

Cuomo and Heastie (photo: The Governor's Office)


Assembly Speaker Carl Heastie's Twitter account lit up Tuesday with a stream of "fun facts" about income inequality and his proposed millionaire's tax just a day after Gov. Andrew Cuomo dismissed the plan.

"I don't believe there's any reason or appetite to take up taxes this year," Cuomo told reporters on Monday, responding to questions about the taxation agenda put forth by the Democratic Assembly majority on Feb. 2, which calls for increasing taxes on the state's highest earners.

Heastie's tweet storm appeared to be a rebuke to Cuomo, though it did not mention the governor by name.

A few hours after Heastie's tweets stopped, the Working Families Party issued its own retort. "We need our tax system to put working families first, not hedge funds and wealthy campaign donors. That's what both Democratic presidential candidates have been calling for, and it's what New Yorkers expect from our elected officials in Albany too," said WFP New York State Director Bill Lipton in a statement.

Heastie surprised some when he proposed expanding and extending the state's millionaire's tax that isn't set to expire until 2017. Assembly Democrats' plan would create a number of higher tax brackets with those who earn from $1 million to $5 million a year paying the state's current highest rate of 8.82 percent. Those earning from $5 to $10 million annually would pay 9.32 percent and those making over $10 million would pay 9.82 percent.

The increase for millionaires would be paired with a middle-class tax cut. And according to Heastie the income generated by new tax brackets would add funding to education, infrastructure repair, and "other priorities."

Many see Heastie's plan as a way to strengthen his position as leader, cater to major interest groups that back his conference, and give him a popular proposal to use during budget negotiations.

Republican Senate Majority Leader John Flanagan has said that higher taxes would drive millionaires out of the state. "We don't support raising taxes," replied Scott Reif, spokesperson for the Senate Republican Conference when asked for a comment on Heastie's tweets.

A spokesperon for Gov. Cuomo, Rich Azzopardi, said by email that "What the public is hungry for, post Shelly Silver, is ethics reform -- specifically the pension forfeiture bill that was agreed to last year and promptly reneged on by the assembly. We hope they will join us this year and pass this and the other important reforms the Governor outlined."

Heastie's office did not reply to inquiries about whether Heastie was the author of the tweets. As the day progressed, Heastie's spokesperon, Mike Whyland, also took to Twitter on the subject, and more directly criticized the governor.

The speaker's earlier messages had a distinctly populist tone:

E.J. McMahon, director of the fiscally conservative Empire Center, quickly responded to Heastie on Twitter, questioning the data Heastie cited and combatting the notion he said Heastie was propagating that millionaires don't pay anything.

"The whole premise that they are not paying their fair share is nonsense," McMahon told Gotham Gazette of millionaires and taxes. "There is no standard in existence under which they don't pay a major share of their income. Eighty percent of filers in New York pay 15 percent of the taxes collected."

"The premise of these tweets is unsupported by facts," McMahon continued. "They aren't tweeting 'Hey, we need money and here is the best way to get it.' The whole point of these tweets seems to be to make someone who doesn't know better think millionaires aren't paying anything and that just isn't true."

McMahon said that he felt Heastie's tax proposal was motivated by the education lobby that wants to see an increase in education spending. Cuomo's budget factors in a 4 percent increase in education spending but advocates and unions have demanded no less than eight percent.

"You can see the people who support this and are retweeting Heastie are the people tied to the education lobby who think taxes can never be high enough," said McMahon.

Michael Kink, director of Strong Economy for All, a labor-backed progressive group falling into the category mentioned by McMahon, praised Heastie's proposal and said that it is about funding schools as well as having enough funding for other major proposals and needs.

Kink and his allies appear ready to hammer Gov. Cuomo on recent infrastructure problems such as a water main break in Troy that shut off water to at least two towns and the environmental disaster in Hoosick where it was found that toxic chemicals had poisoned the public water supply. Cuomo has recently tried to downplay the Hoosick issue.

"Assembly members have sat in day-long hearings about the budget and heard parents and students testify they need school funding, heard businesses say they support the $15 minimum wage but need some help so it doesn't overburden them; they know about the water line explosion in Troy and not too far away they've seen families drinking poisoned water coming out of a source that should have been overseen by an agency that is suffering under the governor's austerity budget," Kink told Gotham Gazette. "If the state wants to meet these significant needs it is entirely responsible to have a strong funding mechanism."

Kink said that the tenor of the presidential race shows that the electorate is in a populist mood. "I think these will be an interesting set of budget negotiations because the Assembly is more in tune with the populist mood than Flanagan or the austerity version of Governor Cuomo," Kink said.

The idea that there are 'two versions' of Cuomo have supporters of the tax plan ready to campaign hard for it as they've seen Cuomo flip on proposals after gauging voter sentiment. It was only last year that Cuomo said a $13 minimum wage was a non-starter and there was "no appetite" for paid family leave. Now the Governor has made a $15 minimum wage and paid family leave top priorities, expressing strong personal connections to both issues.

McMahon notes that Cuomo actually changed his position on the millionaire's tax in 2011. "He pivoted in 2011 on this issue. So nothing he says is frankly dispositive that this tax will be part of the budget," said McMahon. "The fact [the governor] does things like this encourages them to keep pushing."

Karen Scharff of Citizen Action NY, a grassroots progressive group that supports Heastie's plan, said she certainly won't be writing off the plan until the budget is actually decided on, since negotiations tend to lead to surprising results, no matter what any stakeholder has said. "This is the right time for this plan because one, the wealthiest New Yorkers are wealthier than ever, and, at the same time, the state has desperate needs that have to be funded. Every year things in the budget are up in the air until negotiations are over. And they aren't over."

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by David King, Albany editor, Gotham Gazette
     

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Note: this story has been updated with comment from the governor's spokesperson and news of social media response from Heastie's spokesperson.

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Heastie Takes to Twitter to Respond to Cuomo on Tax Plan Tue, 09 Feb 2016 21:43:46 +0000