Showing posts with label Attorney General Eric Schneiderman. Show all posts
Showing posts with label Attorney General Eric Schneiderman. Show all posts

Friday, July 10, 2015

Stop Town From Releasing Your Information To Private Company

We have just begun to dig into the Sustainable Westchester company, funded in part by NY State, and its sister company, Solarize Westchester. We can find a link between the two but are unable to scratch beyond the surface. Apparently tied into the bloated thread of New York State's labyrinth of bureaucracy, both of these companies are not-for-profit. The proposal Sustainable Westchester has submitted appears to request the Town and Consolidated Edison provide them with your private information! This could be interpreted as similar to questionable companies who sell your email addresses, personal addresses and other personal information. Being a not-for-profit does not guarantee anything and past performance of our Supervisor is certainly an indicator of future results.
 
Distinguishing between a not-for-profit and a for-profit company implies that a not-for-profit business will not turn a profit. It's a mistaken belief that non-profits cannot and do not make money. This is hardly the case as many do actually not only make money, but make a lot of money and sometimes not related to the actual non-profit purposes. The biggest difference between profit-driven and not-for-profit companies is how profits are distributed. A for-profit company redistributes profits to its shareholders and a not-for-profit sees the money go back into the company or toward more and/or higher salaries.

The mere fact that a company is organized under the not-for-profit corporation law does not mean that contributions to them are necessarily tax deductible. But many times those with access to the press will push on behalf of the not-for-profit, claiming that, "This company is doing important, vital, charitable work, etc., and by the way, they are a not-for-profit company." So what? The common misconception is that a not-for-profit has to be profit-LESS entity and operate at a loss or just break-even. There is no such legal requirement for this. Nor is there any restriction of paying extremely handsome salaries to its officers and even their staff. Why do we mention this?

Mr Feiner has already decided that the Sustainable Westchester plan is a go-ahead. This may have appeared validated as representatives from Sustainable Westchester were not even present at the opening of this public hearing. Mr Sheehan had raised some reasonable questions about moving forward with this but Mr Feiner continues to ignore all rational arguments to slow this process down. In fact, yesterday there was a press release from Attorney General Eric Schneiderman, announcing more than $1million in restitution will be awarded to NYS energy customers from an energy service company! It was found that these people were falsely promised lower energy prices and some enrolled WITHOUT their consent and they will now receive partial refunds! While violating the law has never bothered Mr Feiner, it should give him pause to re-evaluate moving forward with so many unanswered questions looming. Next up, Mr Feiner will spew a cornucopia of terms he likes to use whenever the G10 prove him wrong, using phrases such as, "We must follow the process", "do our due diligence", "people must have confidence in the system (interchangeable with process)", "this is only my personal opinion", and so on.

While our digging into ESCO's and Sustainable Westchester did not provide enough in-depth information beyond sound-byte-like snippets, what we did find is what we believe is a significant conflict of interest with Sustainable Westchester. The Board of Directors* of Sustainable Westchester include the leaders of the same municipalities who have entered into a contract with Sustainable Westchester! Mr Feiner continues to try to spin their membership as a good thing, without acknowledging their membership as Board of Directors! Has Mr Feiner been promised a Board of Director position once the proposal is adopted? Could that be why he has pushed so adamantly for the Town to join?

Why is this not “great news” as Mr Feiner purports? Several reasons. First, Sustainable Westchester is using this application to gain your personal information! Whether it's only for your mailing address or more, the Town should not be assisting a private corporation in acquiring your personal information to operate their business. Second, you may recall, the Town refused to give its email list to a Civic Association who wished to use it for informational purposes, and was ordered to do so by the court with the provision that it not be used for commercial purposes. That decision is currently under appeal. Third, residents should have to opt IN, not opt OUT of this program. But that is not how Mr Feiner is working this questionable process. Fourth, is the obvious conflict of interest by the participating communities whose leaders sit on Sustainable Westchester's Board of Directors. Why wouldn't these Board of Directors, who control the direction of their communities, put their communities in this program? It's an obvious windfall for them. Something here stinks!

During the public comment portion of the July 8th, 2015 Town Board meeting, the "done deal" was obvious when Mr Feiner slipped and then backpedaled as he said (paraphrasing) that they could hold off voting on this proposal until he gets information from other community supervisors on the success of this program and then vote for it. This is just another delay tactic to assuage the public's unified objection against this plan. It's another Feiner deflection as he pushes all residents into a questionable program. Ken Stahn, President of the Sprain Road Civic Association, organized a meeting immediately prior to the last Town Board meeting. He said that there were too many variables still unaddressed and we don't need to be the “leader or the first” to do this. He also commented that the Town is involved in a corresponding program, Solarize Westchester, that seems like it may be a better deal but also has unanswered questions and may require waiting a bit more. Bob Bernstein commented that this Town Board's members are not energy experts and should not get involved with this given their track record.

In the end, this proposal will pass regardless of the arguments against, the proof against, or the simple logic that the Board will ignore because Mr Feiner tells them to do so. They'll ignore the cost of or even the fact that the Town will pay for mailings instead of Sustainable Westchester; ignore the penalties incurred by residents who didn't know Mr Feiner secretly enlisted them in the program to boost the numbers for his friends ESCO; ignore that the costs may go up and the residents will have little or no recourse for refunds or to get out from under until the 3-year contract expires or if the cost of energy goes down, forcing residents to pay more than the market rate and putting the ESCO in financial difficulty. Mostly, they'll ignore that the willfully ignorant have once again had their freedoms chipped away by not having the choice to opt IN, but rather must opt OUT. This must change. Only then will we see A Better Greenburgh.

* The Board of Directors for Sustainable Westchester include, among others, Noam Bramson (Mayor of New Rochelle), Chris Burdick (Supervisor of Bedford), Tom Roach (Mayor of White Plains), Nancy Seligson (Supervisor of the Town of Mamaroneck) and finally Mike Spano (Mayor of Yonkers, often referred to as the City of Hills, where nothing is on the level).

Wednesday, November 5, 2014

No Change In The Status Quo

The elections are finally over. Enough money was spent on advertising the candidates to balance many local budgets. In Greenburgh, we could pay off all the guilty verdicts brought upon us by Mr Feiner's illegal activities. Accusations flew and junk mailings found postal employees lining up at chiropractic offices in droves. Let's hope the candidates will pick up and properly dispose of all of their yard signs. literature and assorted paraphernalia. In the end though, nothing really changed.
 

The governor's race found Cuomo defeating challenger Astorino. The voting percentage was 55% to 42%. The television and political pundits all said Cuomo handily took this (re)election. But did he? Cuomo received 114,533 votes and Astorino received 86,493. The numbers don't lie but they do tell a story. Given the roughly two to one ratio of Democrats to Republicans in the state, the numbers tell us that Astorino crossed party lines and was attractive enough to some Democrats that they voted for him; or that some Democrats were dissatisfied or mad at Cuomo (and others) and simply voted against the status quo.
 

Yes, Astorino still lost. But did he? As we just said, the numbers don't lie and Cuomo did win. However, this election wasn't as much about Astorino winning as it was to position himself for the next gubernatorial election. Compared to New York's last election's upstate Republican candidate Carl Paladino, Astorino has that Richie Cunningham, aw-shucks demeanor and is very likeable. Having his adorable family in tow doesn't hurt either. He's comfortable with a variety of media and he is fluent in Spanish. He now has name recognition throughout the state, a cadre of people who are willing to stump for him the next time around, greater statewide awareness of state-wide issues and ties to the big money donors. Ultimately, he now has a wider breadth of supporters than he had before.

Locally, we saw sitting Democratic Assemblyman Tom Abinanti, sponsored in part by big Pharma, defeat Republican challenger Mike Duffy. The tally was 62% to 38% (20,765 to 12,787 respectively). In this race, the numbers are pretty much what they were when Thomas Bock challenged Abinanti in 2010, telling us two things: Abinanti has a Greenburgh Democratic base willing to vote the party line regardless of any wrong-doing or lack of knowledge on the issues. Or, simply, the democrats vote for their own and the Republicans do the same. Everyone continues to try to figure out how to capture the Independents and undecided voters to side with them without much success.

In other races, there were a few close calls but nothing radically different. We were watching the Attorney General race because the outcome could have been important for Greenburgh taxpayers. There have been several attempts by different organization to have our Supervisor investigated for multiple wrong-doings with little success. Had incumbent Attorney General Eric Schneiderman lost, we may have been more likely to finally make some headway than previously attempted. 

Propositions 1, 2, and 3 all passed - no surprise there. Each time propositions are put forth, the media blitz to convince the electorate to support them on behalf of the incumbents is untiring and often bereft of information that presents both sides of the argument. ABG wrote about the three Propositions and tried to give the counter-points to make the case to the voters to really think about not voting in favor of them. 

Overwhelmingly, the votes for either status quo or a populace that is unhappy with the dysfunction of government proves at all levels that people want change and deserve better .The northeast seemed to be entrenched and a bit immune to the wave across the nation for change. With Democrats holding onto their seats but spending much more money than ever before to do so, this should be a wake up call for many of them. Contrary to Mr Cuomo's ads, NY and New Yorkers are not doing better and people are still leaving. Now that the shift in the US and NY Senates has happened, our leaders may really be forced to cross the aisle and actually work together. Isn't that what they all tout before they get elected? Let's hope they do. Then, maybe we'll see A Better Greenburgh.