Thursday, March 26, 2009

A Letter from the Founding Fathers for Mayor Brian Curran and the Board - remember the phrase "No taxation without representation" ??

A Letter From the Founding Fathers to:
Mayor Brian Curran
Deputy Mayor William J. Hendrick
Trustee Alan C. Beach
Trustee Mike Hawhurst
Trustee Hilary Becker

but first some background

No taxation without representation
"No taxation without representation" began as a slogan in the period 1763–1776 that summarized a primary grievance of the British colonists in the Thirteen Colonies. In short, many in those colonies believed the lack of direct representation in the distant British Parliament was an illegal denial of their rights as Englishmen, and therefore laws taxing the colonists (the kind of law that affects the most individuals directly), and other laws applying only to the colonies, were unconstitutional. In recent times, it has been used by several other groups in several different countries over similar disputes.

Usage in American Revolution
The phrase "No Taxation Without Representation!" was coined by Reverend Jonathan Mayhew in a sermon in Boston in 1750. By 1765 the term "no taxation without representation" was in use in Boston, but no one is sure who first used it. Boston politician James Otis was most famously associated with the term, "taxation without representation is tyranny."[1]

Parliament had controlled colonial trade and taxed imports and exports since 1660.[2] By the 1760s the Americans came to believe they were being deprived of a historic right.[3] The English Bill of Rights 1689 had forbidden the imposition of taxes without the consent of Parliament. Since the colonists had no representation in Parliament they complained the taxes violated the guaranteed Rights of Englishmen. Parliament contended that the colonists had virtual representation.

The Americans rejected the Stamp Act 1765 (which was repealed), and in 1773 violently rejected the remaining tax on tea imports at the Boston Tea Party. The Parliament considered this an illegal act because they believed it undermined the authority of the Crown in Parliament. When the British then used the military to enforce laws the colonists believed Parliament had passed illegally, the colonists responded by forming militias and seized political control of each colony, ousting the royal governors. The complaint was never officially over the amount of taxation (the taxes were quite low, though ubiquitous), but always on the political decision-making process by which taxes were decided in London, i.e. without representation for the colonists in British Parliament. In February 1775, Britain passed the Conciliatory Resolution which ended taxation for any colony which satisfactorily provided for the imperial defense and the upkeep of imperial officers.

Patrick Henry's resolutions in the Virginia legislature implied that Americans possessed all the rights of Englishmen; that the principle of no taxation without representation was an essential part of the British Constitution; and that Virginia alone enjoyed the right to tax Virginians.[5]

------------------- now here's the letter: -------------------

April 13,1773

Dear Mayor Brian Curran

You've prepared the budget and the property tax schedule
without any input from the residents and are on the fast track
to adopt your taxation plan without any representation
from said taxpayer residents / colonists.

The one-hour sham "public hearing" that's stuck in at the
11th hour on April 13th between budget worksessions, ( no doubt
only because it's required by law ) doesn’t count ( sorry ).

Nor does a budget "worksession" held AFTER the "public hearing" ( sorry #2 )

Cut the crap

Respectfully yours,

Patrick Henry
Samuel Adams

Workplace Violence Prevention Information

from what we hear about a supervisor being pinned up against
a wall by a subordinate .. sounds like Mayor Brian Curran and the Board
need to review some of these NYS materials on Workplace Violence ...
several of these laws and regulations are mandated and not optional
or "if-you-feel-like-it" matters
( this seems to be a chronically difficult concept for the Mayor and Board )

www.labor.state.ny.us/workerprotection/safetyhealth/PDFs/Workplace%20Violence%20FlyerNov3.pdf

New York State Department of Labor
Division of Safety and Health
Workplace Violence Prevention Requirements
For
New York State Public Employers

What is the New York State Workplace Violence Prevention Law?
On June 7, 2006, New York State enacted legislation creating a new Section 27-b of State Labor Law that
requires public employers (other than schools covered under the school safety plan requirements of the
education law) to perform a workplace evaluation or risk evaluation at each worksite and to develop and
implement programs to prevent and minimize workplace violence caused by assaults and homicides. The
Law is designed to ensure that the risk of workplace assaults and homicides are regularly evaluated by
public employers and that workplace violence protection programs are implemented to prevent and
minimize the hazard to public employees.
What is the effective date of the Law?
This Law was signed on June 7, 2006. An amendment to the Law was enacted on August 16, 2006,
extending the effective date of the Law 270 days from June 7th. As a result of this extender, the new
effective date of the Law is March 4, 2007, which is the date public employers must comply with its
provisions. The Department of Labor is required to promulgate rules and regulations to implement the
provision of this Law by July 2007. The Department will follow the New York State Administrative
Procedure Act (SAPA) in developing and promulgating such regulations which will ensure that interested
parties have ample opportunity to provide comments. That process is currently underway.
What public employers are covered by this Law?
According to the law, the term public employer includes the state, a political subdivision of the state, a
public authority, a public benefit corporation and any other governmental agency or instrumentality.
Employers defined in Section 2801-A of New York State Education Law are exempt from the provisions
of the Workplace Violence Prevention Law since there is existing law requiring them to develop and
maintain “school safety plans”.

What is Workplace Violence?
The National Institute for Occupational Safety and Health (NIOSH) defines workplace violence as "violent
acts (including physical assaults and threats of assaults) directed toward persons at work or on duty."
Workplace violence is any physical assault, threatening behavior or verbal abuse occurring in the work
setting.
Workplace violence presents serious occupational safety hazards for workers and unique challenges for
employers who must prevent violence from occurring. During the last decade homicide was the third
leading cause of death for all workers and the leading cause of occupational death for female workers. A
large number of these reported homicides were related to robberies and police and public security
functions. The majority of violent type incidents affecting workplaces are cases of assaults, threats,
domestic violence, forms of harassment and physical and/or emotional abuse.
An employer conducted risk evaluation will help determine the possible dangers that employees may face
from workplace violence risks and assist the employer in the development of a suitable workplace violence
prevention program. ....

http://www.labor.state.ny.us/workerprotection/safetyhealth/workplaceviolence.shtm

Workplace Violence Prevention Information

Workplace violence is a serious safety and health concern. There are a number of measures that employers and employees can take to pro-actively prevent violence from occurring in workplaces. The essential ingredients of such measures include the conduct of workplace risk assessments, the development of functional response plans and the conduct of employee training and awareness programs.

The “New York State Public Employer Workplace Violence Prevention Law” was enacted to ensure that public workplaces are evaluated and effective response and prevention strategies are implemented to prevent and minimize workplace violence.
The information found below will assist public employers in meeting the requirements of the Law and ensuring that their workplaces and employees are as safe as possible from the threat of violence.

Planning

Fact Sheet (word) Fact Sheet (pdf)
Law (pdf)
Model Plan for Workplace Violence Prevention (word) Model Plan for Workplace Violence Prevention (pdf)
Workplace Security Checklist (word)

Workplace Security Checklist (pdf)

Proposed Workplace Violence Regulations (pdf)



Tuesday, March 24, 2009

The Time Has Come - of budgets and of kings - First Season Episode 1 Part 1














"The time has come," the Walrus said,

"To talk of many things:

Of shoes--and ships--and sealing-wax--

Of budgets--and of kings--

And why the sea is boiling hot--

And whether pigs have wings."

News from the Budget Front - First Season Episode 1 Part 1

8.8 % tax increase proposed
coupled with the use of the surplus the effective increase is ~ 16%
ie if you talk the only real number worth talking about
( increase in HOW MUCH YOU SPENT year over year )

that should go over big with the seniors - several seniors
we spoke to, said that might be the straw to force them to sell their home

the projected structural increase ( means it's built in - you keep
going this way that it's inevitable ) for next year is in the 12-13% range
( you ate up the surplus - it's all gone .. )

Mr Ledwith
(Village Attorney) moves to a pure W-2 position due to the
apparent problems with paying W-2's and 1099's to the same person
His projected salary is $143,000 which means with the associated
health, retirement, etc benefits ( +40% - 45% ) you're looking at
a total cost of ~ $200,000 to $207,000 to the village

apparently no prior discussion of this by the Board, the exact arrangements or
terms, the number just showed up under legal
a little background math using round numbers:
the law firm of Mr Ledwith and Mr Atkinson currently bill the village
about $250K per year
- with ~ 250 working days in the year that's $1,000 per day / per working day
- at a bill rate of $175/hr that's 5.7 hours per working day on village business
- now $143,000 would only cover 57% of his normal bill rate, so it's quite possible
you can expect to see a "requirement" for additional "contracted services" from a
"trusted firm" shortly after the contract is adopted - ( simply too much work )
- it's also worth noting that this increase in W-2 salary ( from $26K to $143K )
has a very beneficial effect on the NYSERS retirement salary calculations. Since
NYSERS calculates retirement based on "TOTAL years of service" and the average of
the FINAL 3 YEARS SALARY", getting a "bump" at the end - really works wonders - ie:
for arguments sake - using 10 years of service
10 yrs service - at $26K with last 1 year at $143K = effective retirement salary = $62K
10 yrs service - at $26K with last 2 year at $143K = effective retirement salary = $98K
10 yrs service - at $26K with last 3 year at $143K = effective retirement salary = $134K




http://www.osc.state.ny.us/retire/members/final_average_salary.htm

Final Average Salary (FAS)

The final average salary is one of three important components that will determine your retirement benefit. (Your plan and service credit are the other two.) The following explains the final average salary for both the Employees' Retirement System (ERS) and the Police and Fire Retirement System (PFRS), by each tier of membership.

3 Year Final Average Salary (FAS)

Tier 1 (ERS & PFRS)

Highest average of wages* earned during any three consecutive years. If your date of membership is before 4/1/72, payment for unused vacation, not to exceed 30 days, will be included in your FAS if the wages used to calculate your FAS were those immediately preceding your retirement. If your date of membership is 6/17/71 or later, the wages in any 12-month period cannot exceed the earnings in the previous 12-month period by more than 20 percent. Any amount in excess of this will be excluded.

Tier 2 (ERS & PFRS)

Highest average of wages earned during any three consecutive years. Earnings in any year included in the period cannot exceed the average of the previous two years by more than 20 percent. Any amount in excess of this will be excluded. Payment for unused vacation is not included in the FAS.

Tier 3 & 4 (ERS only)

Highest average of wages earned during any three consecutive years. Earnings in any year included in the period cannot exceed the average of the previous two years by more than 10 percent. Any amount in excess of this will be excluded. Payment for unused vacation not to exceed 30 days will be included in your FAS if the wages used to calculate your FAS were those immediately preceding your retirement.

*Wages include regular salary, overtime, and recurring longevity payments earned within the period used to determine final average salary.

Sunday, March 22, 2009

Arthur J Finkelstein in Lynbrook - the Arthur J Finkelstein File: Part 2: Background Reading

http://en.wikipedia.org/wiki/Arthur_J._Finkelstein

http://oana-dobre.blogspot.com/2007/05/finkelstein-arthur-finkelstein.html

http://translate.google.com/translate?prev=hp&hl=en&u=http%3A%2F%2Foana-dobre.blogspot.com%2F2007%2F05%2Ffinkelstein-arthur-finkelstein.html&sl=ro&tl=en

http://watchdevil.blogspot.com/2007/08/arthur-and-infocision-say-stop-her-now.html

http://translate.google.com/translate?prev=hp&hl=en&u=http%3A%2F%2Fsutu.ro%2F2008%2F08%2F07%2Farthur-j-finkelstein%2F&sl=ro&tl=en

blogs.abcnews.com/thenote/2009/03/famed-republica.htm

and from Albania ...
http://translate.google.com/translate?prev=hp&hl=en&u=http%3A%2F%2F74.125.95.132%2Fsearch%3Fq%3Dcache%3Ax-RFDhrgiZMJ%3Aalbaniaonline.cn%2F2009%2F02%2Fps-zbarkojne-strateget-amerikane-te-fushates-elektorale%2F%2Bzbarkojn%25C3%25AB%2Bstrateg%25C3%25ABt%2Bamerikan%25C3%25AB%2Bt%25C3%25AB%2Bfushat%25C3%25ABs%2Belektorale%26cd%3D3%26hl%3Den%26ct%3Dclnk%26gl%3Dus&sl=sq&tl=en

Arthur J Finkelstein in Lynbrook - the Arthur J Finkelstein File: Part 1

a look under the hood of your new car ....

http://blogs.abcnews.com/thenote/2009/03/10/index.html#entry-63909673
Arthur Finkelstein did Helms v. Gantt, D'Amato v. Javits, Mack v. McKay, and Pataki v. Cuomo. Now he’s running against . . . “The Tax Twins of Lynbrook.” ABC’s Jonathan Karl: “Finkelstein's influence isn't hard to spot. A full-page ad in this week's Lynbrook Herald savages two members of the Lynbrook Village Board, dubbing them ‘The Tax Twins of Lynbrook.’ The ad declares: ‘It's shocking but true, the Tax Twins Dave Penso and Tom Miccio recklessly raised taxes, created record debt and mortgaged our families' futures. Call Village Hall for their Disgraceful Record. DON'T BE FOOLED!’ ”
http://blogs.abcnews.com/thenote/2009/03/famed-republica.html
Famed Republican Strategist Resurfaces in Small-Town Election
March 09, 2009 6:09 PM
ABC News' Jonathan Karl Reports: Remember Arthur Finkelstein? He was once one of the most feared Republican political strategists in the country, the mastermind behind a series of ruthless, hard-hitting and high-profile campaigns during the 1980s and 1990s -- Helms v. Gantt, D'Amato v. Javits, Mack v. McKay, Pataki v. Cuomo.

Finkelstein has re-emerged in an unlikely place: a local election in the tiny village of Lynbrook, New York (population 19,911).

Finkelstein's influence isn't hard to spot. A full-page ad in this week's Lynbrook Herald savages two members of the Lynbrook Village Board, dubbing them "The Tax Twins of Lynbrook." The ad declares: "It's shocking but true, the Tax Twins Dave Penso and Tom Miccio recklessly raised taxes, created record debt and mortgaged our families' futures. Call Village Hall for their Disgraceful Record. DON'T BE FOOLED!"

That's tough stuff for a small-town election, but it's vintage Finkelstein. Over the years, his campaigns attacked opponents as "recklessly liberal", "embarrassingly liberal", "hopelessly liberal", "foolishly liberal" and "too liberal for too long."

In this case, Finkelstein is not working for a Republican candidate with deep pockets. The Lynbrook village ad is paid for by a group called The New Vision Party, which is running two candidates against those evil tax twins. Campaign finance records show the party has paid Mr. Finkelstein $12,000 for "polling."

Asked why they hired a once high-profile national political strategist for small local election, Leslie Rothschild of the New Vision Party told ABC News, "I've known Arthur for years. He's the best in the business."

Lynbrook Village Mayor and Board ( until April 6 )

http://www.lynbrookvillage.net/mayor-board.htm

Mayor Brian Curran
Mayor Brian Curran was elected Mayor in March of 2007. Mayor Curran grew up in Lynbrook and graduated from St. Agnes High School in 1986. In 1990 he graduated from Wilkes University in Pennsylvania with degrees in history and political science, and he earned a law degree in 1994 at the City University of New York. After a stint as a legislative counsel in the New York State Assembly, he entered private practice in 2001. He and his wife, Rosemarie Ciaccio-Curran, have three children, Isabella, Jake, and Riley.
Mayor Curran is Village Liaison to the following departments and/or committees:
Budget/Finance
Chamber of Commerce
Multi-media TV & Video
Senior Citizen Committee

Trustee William J. Hendrick SOUTHEAST
Mr. William J. Hendrick has been a Village Trustee during 1989 - 1993 and 1995 to the present. Mr. Hendrick is a practicing attorney. He has lived on Scranton Avenue for 30 years and has two sons, Billy and Johnny. He is a member of the Ancient Order of Hibernians, the Elks and the Knights of Columbus. He is also the committee chairman of the Lynbrook Expo.
Trustee Hendrick is Village Liaison to the following departments and/or committees:
Business Improvement District
Emergency Management Office
Fire Department
Police Department
Celebrations Chairman
Southeast Quadrant Liaison

Trustee Alan C. Beach NORTHWEST
Trustee Alan Beach was elected to the village board in March of 2007. Alan has lived in Lynbrook for 23 years and is a retired New York City firefighter. He has been married for 27 years and has two sons, Alan and Greg. He was a founding member of the Lynbrook Excellence in Education Foundation.
Trustee Beach is Liason to the following departments and/or committees:
Ethics Committee
Library
Long Island Railroad
Parking Committee
Recreation Dept.
Quadrant - Northwest

Trustee Richard J. Clifford NORTHEAST
Trustee Richard J. Clifford is serving his first term (4years) as Village Trustee. He was elected in March 2005 and sworn in on April 4, 2005.
Trustee Clifford is Village Liaison to the following departments and/or committees:
Department of Public Works
Non-Contractual
Business Improvement District
Northeast Quadrant Liaison
D

Trustee David H. Penso SOUTHEAST
Trustee David H. Penso is serving his first term (4 years) as Village Trustee.
He was elected in March 2005 and sworn in on April 4, 2005.
Trustee Penso is Village Liaison to the following departments and/or committees:
Building/Assessing Departments
Long Island Railroad/MTA
Parking Committee, Co-Chair
Southeast Quadrant Liaison

Trustee William J. Hendrick SOUTHEAST
Trustee Alan C. Beach NORTHWEST
Trustee Richard J. Clifford NORTHEAST
Trustee David H. Penso SOUTHEAST

the new lineup

Lynbrook Trustee
Mike Hawxhurst [Lynbrook New Vision] 2,165 32% (X)
Hillary Becker [Lynbrook New Vision] 1,986 30% (X)
Thomas Miccio [Lynbrook Pride] 1,343 20%
David Penso* [Lynbrook Pride] 1,227 18%
6,721
votes cast 3,361
Lynbrook Justice
William Mclaughlin* [Lynbrook New Vision] 2,219 66% (X)
Mark Panzavecchia [Lynbrook Pride] 1,141 34%
votes cast 3,360