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Fighting Off Progeny of the Judicial Compensation Statute --
& Securing a Functioning Legislative Process

click here for Senate bill S-2953
click here for Assembly bill A-246

*       *       *

CJA's July 9, 2013 letter to All Senators & Assembly Members --
"RE:  (1) Status of A.246 (establishing a special commission on compensation of managerial and confidential state employees);   (2) Securing legislative oversight of the statute upon which A.246 was modeled: Chapter 567 of the Laws of 2010 (establishing a special commission on judicial compensation)


CJA's June 25, 2013 letter to Governor Cuomo --
"RE: Your Duty to Disapprove A.246 (establishing a special commission on compensation of managerial and confidential state employees)
and to Use its Return to the Legislature, Pursuant to Article IV, §7 of the New York State Constitution,
to Advance the Non-Partisan, Good-Government Legislative Rules Reforms of the 2004, 2006, and 2008 Brennan Center Reports
         

 click here for Rules Reform Resource Page
click here for "Reformer who called NY's Legislature 'dysfunctional' will be Gov. Andrew Cuomo's ethics czar"
                                   
CJA's September 25, 2013 e-mail to Governor --
"NOTICE: The Governor Must NOT Sign A.246 (establishing a special commission on compensation
of managerial & confidential state employees)



CJA's June 4, 2013 letter to Senate Committee on Investigations & Governmental Operations
& Assembly Committee on Oversight, Analysis & Investigation
--
 "RE: ...
Request for Legislative Oversight, Analysis and Investigation and, specifically:
                 (1) of Chapter 567 of the Laws of 2010, as written and applied – as to which, to date, there has been no oversight, analysis, & investigation..."

                                      2012 Annual Report of Senate Committee on Investigations & Governmental Operations

2012 Annual Report of Assembly Committee on Oversight, Analysis & Investigation

                   February 2005: "A Guide to Legislative Oversight":
                         Report from Commitee on Oversight, Analysis & Investigation

*       *       *
THE VOTES ON THE ASSEMBLY & SENATE FLOOR 

A.246:  passed by Assembly: 6:52 pm on June 20, 2013 --
no discussion, no debate: (93 for; 2 against)
.
Official vote: 141-for, 1-against (Assemblyman Nojay)

S.2953: substituted by Senate with A.246 after midnight on June 21, 2013;
passed & returned to Assembly:
no discussion, no debate:  62 for; 1 against (Sen. Ball)
Senator DeFrancisco explaining his vote  "...very important bill...just like the judicial commission..."  (at 4:20:00 minutes)

*       *       *

Correspondence to Senate & Assembly Oversight Committees

CJA's June 20, 2013 e-mail to
Senate Committee on Investigations & Government Operations
Assembly Committee on Oversight, Analysis & Investigation
--
"Subject:  Why the Members of the Senate & Assembly Oversight Committees
Must Vote AGAINST S.2953/A.246 Establishing a Special Commission on Compensation of Managerial & Confidential State Employees

CJA's June 4, 2013 letter
 to Senate & Assembly Oversight Committees (at p. 5)

*       *       *

Correspondence to the Assembly

CJA's June 20, 2013 e-mail  to All Assembly Members --
"Subject: Why You Must Vote AGAINST A.246 Establishing a Special Commission on Compensation of Managerial & Confidential State Employees"

CJA's June 19, 2013 e-mail to Assembly Rules Committee --
"Subject: Why You Must Vote AGAINST A.246 Establishing a Special Commission on Compensation of Managerial & Confidential State Employees"

CJA's April 26, 2013 memorandum
to Assembly Ways & Means Committee
--
"RE:  (
1) Constitutional, statutory, & other infirmities of A.246 establishing 'a special commission on compensation for state employees designated managerial or confidential, and providing for its powers and duties'; (2) Request that the Assembly Ways and Means Committee hold a hearing on A.246 as to its purported 'Justification', as set forth in its sponsor memo, and to secure expert testimony on its constitutionality"

CJA's April 20, 2013 memorandum
to Assembly Committee on Governmental Employees
--

"RE: (1) Constitutional, statutory, & other infirmities of A.246 establishing 'a special commission on compensation for state employees designated managerial or confidential, and providing for its powers and duties'; (2) Request that the Assembly Committee on Governmental Employees hold a hearing on A.246 as to its purported 'Justification', as set forth in its sponsor memo, and to secure expert testimony on its constitutionality"

CJA, et al v. Cuomo, et al

 click here for Rules Reform Resource Page

*       *       *

Correspondence to the Senate

CJA's June 19, 2013 e-mail to All Senators --
 
"Subject: Why You Must Vote AGAINST S.2953 Establishing a Special Commission on Compensation of Managerial & Confidential State Employees"

CJA's April 26, 2013 memorandum to All Senators --
"RE:  WHY YOU MUST VOTE AGAINST S.2953 establishing 'a special commission on compensation for state employees designated managerial or confidential, and providing for its powers and duties'"

*       *       *

click here for:

September 26, 2007 motion by the Association of the Bar of the City of New York in the NY Court of Appeals to file an amicus curiae brief in support of appeal in McKinney v. NYS Dept of Health  -- moving affirmation: see para 2: 

 "...The question for which plaintiffs-appellants seek leave to appeal...is an important one...to our democratic institutions generally.  The 'legislation by inaction' model created by the Enabling Legislation L.2005, ch.63, Part E..., and the embedded potential for error or abuse in that paradigm, should not be allowed to supplant constitutionally mandated decision making by the Legislature.  The question for which plaintiffs-appellants seek leave to appeal must be carefully reviewed now because it will recur in other contexts if approved here."

-- City Bar's amicus curiae brief, October 3, 2007    

   "...the courts below failed to appreciate the extraordinarily broad lawmaking powers that were granted to the Berger Commission..and created dangerous precedent that allows legislators to relinquish their constitutional responsibilities to enact laws and institute policies on behalf of the voters to whom they must be politically-accountable..."  (at p. 11)

"It is no coincidence that the parties have been unable to cite to New York precedent that analyzes the delegations of legislative authority in a form similar to the Berger Commission.  The truth is that the Enabling Legislation created a process of lawmaking never before seen in the State of New York, whereby an unelected commission was granted broad discretion to restructure the state's delivery of services to its constituents, and whose final recommendations have been thrust upon state residents with the force of law without legislative review, approval or accountability...
    This novel form of legislation is in direct conflict with representative democracy and cannot withstand constitutional scrutiny.  By failing to appreciate the breadth of authority granted to the Berger Commission...the courts below ignored New York's established non-delegation doctrine.  If this legislation is allowed to stand, it will mean that lawmaking can be shielded from public scrutiny and state policy without accountability to New Yorkers..."  (at pp. 24-5)

"One of the most unusual features of the Enabling Legislation -- not acknowledged by the courts below -- is the 'self-executing' mechanism by which the recommendations formulated by an unelected commission automatically become law...without any legislative action.  The significance of this aspect of the Enabling Legislation cannot be overstated....
     ...the Appellate Division fail[ed] to identify this key difference between the Enabling Legislation and any other known law..."  (at pp. 28-9)

"...should this Court [of Appeals] deny Appellants' motion for leave to appeal, and thereby permit the Enabling Legislation and the Berger Commission's Final Report to stand, it will set the stage for the arbitrary handling of public resources under the guise of future temporary commissions that are not subject to public scrutiny or accountability."  (at p. 36).

see pages 9-10: May 2007 REPORT OF THE COMMITTEE ON STATE AFFAIRS OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK: "Supporting Legislative Rules Reform: The Fundamentals-- identifying the health care facilities statute as the product of a dsyfunctional Legislature, that it intended to file amicus curiae brief, etc., and that  --


"... no less than seven lawsuits have been filed seeking to enjoin and/or invalidate the commission and/or its recommendations.
... the triggering provision of the enabling legislation required the Governor or the Legislature to specifically negate the recommendations ... in order to prevent them from taking effect."
    
 

Bronx Supreme Court Justice Brigantti-Hughes' March 8, 2007 decision in Mary McKinney v NYS Dept of Health

Appellate Division, Fourth Department's July 18, 2007 decision in St. Joseph Hospital v Novello, NYS Dept of Health Commissioner  -- with dissent by Justice Fahey, who would have held the statute unconstitutional

   click here for more on: 
the unprecedented health facilities statute

challenged in the McKinney  & St. Joseph Hospital cases, covered up by the courts
 

*   *   *

CJA's June 19, 2013 request to Assembly Public Information Office
for Records P
ertaining to Committee Action on A.246

June 26, 2013 response from Assembly Public Information Office

*   *   *

 

 -- click here for:
 website of Organization of NYS Management Confidential Employees 
July 1, 2013: "Breaking News"
July 8, 2013: "Breaking News"
July 19, 2013:  "Breaking News"
July 30, 2013: "Breaking News"
August 15, 2013: "Breaking News"
August 20, 2013:  "Breaking News"
September 5, 2013: "Breaking News"
September 17, 2013: "Breaking News", updated 9/25/13
November 16, 2013: homepage, with attached letter from Sen. Maziarz

*   *   *

September 16, 2013  letter to Governor from AFL-CIO

2011 bulletin from Division of Budget

 

February 27, 2015

Press In Action


Albany Times Union

April 16, 2013: "Raising the salary bar for some state workers: Pending bill establishes panel to study, mandate certain pay increases", Albany Times Union, Rick Karlin

April 22, 2013:  "Step raises coming for some: Many midlevel staff to get step raises or longevity bonuses", Albany Times Union, Rick Karlin

April 29, 2013:   "An unfair pay impasse", Albany Times-Union editorial

CJA's April 30, 2013 email to Editorial Page Editor Jay Jochnowitz -- "Subject: Clarifying &/or Retracting Your Albany Times Union Editorial -- 'An unfair pay impasse', 4/29/13"

Jay Jochnowitz' April 30, 2013 e-mail -- "Subject: Re: Clarifying &/or Retracting Your Albany Times-Union Editorial -- 'An unfair pay impasse', 4/29/13"

CJA's April 30, 2013 e-mail -- "Subject: Thanks -- Re: Clarifying &/or Retracting Your Albany Times Union Editorial -- 'An unfair pay impasse', 4/29/13"

June 12, 2013:  "MC's put their stock in a pay commission", Albany Times Union, Rick Karlin

June 13, 2013:  "State managers push for raises: Five years with no raises, non-union mix seeks action in bill", Albany Times Union, Rick Karlin

June 21, 2013: "M/C pay bill heads to Cuomo's desk", Albany Times Union, Casey Seiler

CJA's June 21, 2013 e-mail -- "Subject: Times-Union coverage of the bill creating a special commission on compensation of managerial and confidential state employees"

June 28, 2013: "Letter: Restore raises, payments due to state employees"

September 18, 2013:  "Cuomo weighs pay panel for M/C jobs", Rick Karlin

September 24, 2013:  "Unfreeze pay for managers"

September 27, 2013:  "If it's Friday night; Cuomo's signing/vetoing bills", Casey Seiler

September 28, 2013:  "Cuomo votes M/C pay bill; OMCE is upset", Casey Seiler

September 28, 2013: "Cuomo's Friday Night Massacre: Cuomo's signings, vetos", Casey Seiler

January 22, 2013: "OMCE seeks relief in 30 days", Rick Karlin

December 17, 2014:  "Deja veto: M/C/ pay commission rejected by Cuomo",
Rick Karlin


Schenectady Gazette

April 23, 2013: "Some non-unionized state workers getting raises" , Schenectady Gazette, David Lombardo

New York World-Columbia University

The New York World -- "Track the action in Albany"

CJA's May 9, 2013 e-mail to The New York World -- "Subject: Your Invitation for Suggestions of Bills for Inclusion in Your 'New York Legislative Bill Tracker"

CJA's June 19, 2013 e-mail to The New York World -- "What kind of 'accountability journalism' -- indeed, ethical responsibility -- do they teach at Columbia University Graduate School of Journalism?"

CJA's June 21, 2013 e-mail to The New York World -- "Yes! Absolutely!"     CJA's attached May 7, 2013 e-mail


New York Daily News

June 4, 2013:  "CIVIL SERVICE: State managers seek raises to bring their salaries higher than those of subordinates", Reuven Blau

CJA's June 20, 2013 e-mail to Reuven Blau - "Subject: Your June 4th article: CIVIL SERVICE: State Managers seek raises to bring their salaries higher than those of subordinates"

Reuven Blau's June 20, 2013 e-mail -- "Subject: RE: Your June 4th article: CIVIL SERVICE: State Managers seek raises to bring their salaries higher than those of subordinates" "

CJA's June 21, 2013 e-mail to Reuven Blau -- "Subject: Taking the Lead: The Scandal that Will End William Thompson's Mayoral Campaign -- & Bring Down a 'Who's Who' -- Beginning with Governor Cuomo..."

July 1, 2013 article:  "Civil Service: State managers want Gov. Cuomo to sign bill that could end five-year wait for pay raises", Reuven Blau

September 30, 2013 article:  "Civil Service: Gov. Cuomo vetoes bill to raise pay for 8,000 state managers and confidential secretaries", Reuven Blau

Syracuse Post Standard

September 18, 2013 article "DeFrancisco bill could give pay raises to $9,000 New Yorkers", Teri Weaver

*   *   *

CJA's Rules Reform webpages

Rules Reform Resource Page -- including 2004, 2006, 2008 Brennan Center Reports

Senate Rules Reform Resource Page -- including transcripts, videos, & reports of the 2009 Temporary Senate Committee on Rules & Administration Reform

Assembly Rules Reform Resource Page

Championing appropriate rules & leadership for the New York State Legislature 

     The People Lead -- Securing Passage of The Public Trust Act & a Properly-Functioning Legislature

Fighting Off Progeny of the Judicial Compensation Statute (S-2953: A-246) & Securing a Functioning Legislative Process

click here for:  MENU OF CJA's JUDICIAL COMPENSATION WEBPAGES

 

 

 

 

 

 

 


 

 

                           

 

 

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