The end of one year and the beginning of the next is always a time for reflecting.  For me the end of 2007 also brings to an end my time in the Monroe County Legislature. Probably one of the most rewarding and frustrating endeavors so far in my life. Rewarding because, in the last few years I worked with a phenomenal caucus. Smart people with a passion for what they do, all from different backgrounds, all with the same goal, the good of the community. Frustrating because that aspect of the caucus was so rarely recognized by the majority, by the media, by people in general. Frustrating because rare was the occasion that the majority would “allow” minority initiatives to go forward. Now having said that —one caveat — drum-roll please…. I did get something passed. My very last act on the Legislature was to move to discharge a referral from committee; one I had submitted in September that was pending. It was Housing Rights for Victims of Domestic Violence, prohibiting discrimination against victims of domestic violence in rental and evictions. It got early support from a couple of Republicans, and at the last meeting of the Lej, after the budget was passed– I thought well its now or never. I made the motion to discharge it from committee and the R’s took a recess and came back and passed it unanimously! It did feel pretty awesome! I have to thank Mike Barker from Fairport, once he expressed interest I was pretty much a pest and he convinced his caucus. Maybe there is hope there after all, of course now with a 15/14 split there may be even more hope! I will keep my eye out there.

And of course 2008 will bring my swearing in to City Council, which will prove interesting I am sure. I look forward to moving an agenda and hope that happens with more ease than down the street at the County. Call me optimistic!

My replacement is in the works… more on that in a few days. For now…. Happy 2008!

The Democratic Caucus as decided to decline to appoint someone to the Zyra Committee to select a new Public Defender. In a letter to Legislature President, Minority Leader Harry Bronson stated that the committee as currently configured does not achieve the goal of a merit based selection process. Attempts to convince Republicans to use the process that worked so well in 1974 and 1977 have been ignored. I think the Democratic Caucus made the right decision. Though normally I would say you need to be at the table to “keep ‘em honest” sometimes you need to step away from the table to not give them “cover”. Having ONE community person on the committee comprised of Legislature appointees will not bring the independence to the process that was SO important in 1974 and in 1977. At that time the advisory committee was selected from outsidethe Legislature, by the Monroe County Bar Association. It was comprised of community members, lawyers and judges. The current process being set up by President Zyra is a sham and both the Bar Association and the Democratic Caucus have refused to participate in it. I say —  good for them!

Once again the County Republicans are taking a perfectly legitimate and important community process and turning it on its ear! I am referring to the selection of the next Public Defender for Monroe County. This position is arguably one of the most important position in criminal justice. It is the office of the Public Defender that works tirelessly to insure that justice is served by providing a vigorous defense to those unable to afford an attorney. By accomplishing their mission, they are insuring that the constitution is up held for all of us.

The Public Defender is appointed by the Monroe County Legislature to lead this office of dedicated, overworked and underpaid attorneys. It is not an easy job to manage some 50 or so attorneys (when you need 70 or 100 to do the casework) and insure that those they serve are provided the best defense possible. It is also not an easy job when there is very little extra money given to the Public Defender’s office, less in fact than what is given to their counter parts at the District Attorney’ s Office.

So why is this becoming a political battlefield? Two words, one person — Steve Minark. Minark has made it clear he wants to control the appointment. Somehow I doubt its because he has suddenly developed a devotion to the criminal defendants of this community. Simple math — 50 + jobs for the giving out to who knows who’s brother, sister, son, daughter niece, nephew.. you get the picture.

For years the current Public Defender has served this community well without politics in the mix. Ed Nowak has been a model of integrity. He has run that office fairly and hired people based on their credentials, their commitment to justice, and their experience — not their commitment to a political boss.

With his imminent resignation the discussion regarding his replacement, and the process to replace him has begun. What appeared to be a plan modeled after the one 30 years ago where the Monroe County Bar Association (NCBA)convened a committee to make  recommendations to the Legislature has quickly turned into something different. What appears to be happening is a closely controlled Republican committee with next to no racial diversity and no community input. And although the Monroe County Bar Association (MCBA) was initially on board with the process, in the midst of what it has seen happening as withdrawn its support.  The MCBA has indicated it cannot participate and support the process being put into place by Legislature President Zyra.  In a resolution issued today MCBA stated: “While the MCBA remains interested in collaboratively working with the Legislature and participating in a fair, non-partisan screening process, the MCBA resolution underscores that it must first be assured that the process selected, including the composition of the screening panel is diverse, impartial, able to gain the confidence of the community, and committed to making its determinations based solely on merit, as opposed to political commitments or connections.”

This position and this office are too important to be reduced to nothing more than a political dumping ground.

If there was ever any doubt that the Taxpayer Protection Act was anything more than a political ploy, look whats going on now. Suddenly the TPA as we affectionately refer to it, isn’t in effect until 2009 according to the County Administration. This even though the TPA was approved by the Legislature in June of 2007, ratified by voters on Election Day and filed with NYS (what you need to do to make a law effective) on November 16, 2007.

TPA which limits yearly non-mandated budget spending increases in the operating budget to no more than the Consumer Price Index of the previous year. When this Act came up for a vote, Democrats tried to force the Republicans to identify what would be included and what wouldn’t be included. The answer we got, well if the expense isn’t mandated then its non-mandated. Very nice.

Now here we are with a Taxpayer Protection Act, a 2008 budget pending for a vote and non-mandated expenses way higher than the Consumer Price Index for this year. Why — because in that budget we have a 90 million payment to municipalities to even out the money taken from them in the Medicaid intercept that according to the budget director is a non-mandated expense (even though there is an agreement) because its not mandated by the State or Federal Government. So now what…. is your heading spinning yet? Wait hold on because now we are told…..not a problem, its not in effect year.

At Ways and Means Committee Thursday we are told, oh no, this isn’t in effect until 2009. We need 2008 as a baseline, besides the Budget was out before this was voted on so it couldn’t be based on the TPA. Gotcha, now we know why the County Executive gave us her budget early.

Why is all this a problem? Well I guess if you are going to pass laws, and then send them to the voters for referendum you ought to be following those laws. Instead it is one political layer on top of another, a teetering house of cards the Taxpayer Protection Act, on top of the Medicaid Intercept, on top of the Budget Due Date legislation, all poised to fall with one puff of air. Add to that the moving definition of what is mandated – oh wait, that expense is mandated e.g debt service which wasn’t mandated before but now is; but that expense is not … 90 million to the city and towns. I guess it all depends on who is mystically and magically creating the Budget at the time.

Bottom line … on a practical level what is the danger? There is the possibility that someone could sue to enforce the TPA, or even worse the County could suddenly decide it can’t pay the municipalities their share of sales tax revenue under Morin-Ryan because of the Taxpayer Protection Act — leaving the “sharing partners” high and keeping all the sales tax revenue. A windfall for the County, at the expense of the City, Towns and taxpayers.

This is government by manipulation, budgeting with smoke and mirrors and just plain wrong on so many levels.