|
CJA's April
15, 2013 corruption complaint
to U.S. Attorney Preet Bharara
click here for:
what U.S. Attorney Bharara publicly stated at his
April 2, 2013 and April 4, 2013 press conferences, announcing the indictments of Senator
Malcolm Smith & Assemblyman Eric Stevenson, & in his April 22, 2013 speech "Public
Corruption in New York: More than a Prosecutor's Problem"
CJA's April 15, 2013 corruption complaint to U.S. Attorney Bharara
--
"RE:
Achieving 'the Dream of Honest Government':
(1)
Criminal Complaint against NYS’ Highest Constitutional Officers for Grand
Larceny of the Public Fisc and Additional Corrupt Acts – as, likewise,
against NYS’ Other Constitutional and Public Officers and their
Taxpayer-paid Counsel and Professional Staffs;
(2)
Intervention
in Center for Judicial Accountability, et
al. v. Andrew Cuomo, et al.
(NY Co. #401988/2012) & Transfer to the U.S. District Court, with Amendment
of the Verified Complaint to Embody Additional Causes of Action and
Supervening Facts, Including as to the Violations of Constitutional,
Statutory, and Rule Provisions Underlying Passage of the NYS Budget for
Fiscal Year 2013-2014 and Judiciary/Legislative Appropriations Bill
S.2601-A/A.3001-A."
click here for:
enclosures to CJA's April 15, 2013 corruption complaint
click here for:
VIDEO
of the Legislature's February 6, 2013 budget hearing on "Public Protection"
(CJA testifying last at 07:21:50 mins)
* * *
REFERRED-TO WEBPAGE:
Here's the evidence, U.S.
Attorney Bharara:
Let's start at the top --
with Governor Cuomo, who colluded with the Legislature in rewarding a
systemically corrupt Judiciary with a slush-fund budget whose unidentified,
unitemized funding includes statutorily-violative, fraudulent &
unconstitutional judicial salary increases
CJA's March 29, 2013 letter to Governor Cuomo's Chief of Staff
-- "RE:
The Governor’s Duty to
Disapprove S.2601-A/A.3001-A (Judiciary/Legislative Appropriations Bill),
Pursuant to Article VII, §4 & Article IV, §7 of the New York State
Constitution, Because the Legislature Violated
Express
Constitutional and Statutory Safeguards, as well as its
Own
Rules, in Passing It"
THE LEGISLATURE'S GRAND
LARCENY
OF THE PUBLIC FISC
formerly:
Securing Legislative Oversight & Override
of the 2nd & 3rd phases of the judicial pay
raises...
THE SCENE OF THE CRIME:
Senate Floor -- March 24
& March 26, 2013
Assembly
Floor -- March 28-29, 2013
EXHIBIT A:
Judiciary & Legislative Budget Documents
From the Judiciary
Judiciary's two-part budget,
with transmitting November 30, 2012 coverletters from Chief Administrative
Judge Prudenti:
Judiciary's "Operating" costs budget
&
Judiciary's "General State Charges"
Judiciary's "single budget bill"
From the Legislature
December 1, 2012 letter to Governor from Temporary Senate President Skelos &
Assembly Speaker Silver
-- enclosing
Legislative budget request for fiscal year 2013-2014
Legislature's announcement of its budget
hearings - Jan 10, 2013
"Skelos, Klein, Silver Announce Joint Legislative
Budget Schedule" -- January 31, 2013
From the
Executive
Governor's Commentary on the Judiciary Budget
Governor's Appropriations Bill for the
Judiciary & Legislature
S-2601; A-3001: (Judiciary appropriations at pp. 10-27)
Governor
Andrew Cuomo's "Executive Budget" for Fiscal Year 2013-2014
-- Judiciary and Legislative Budgets camouflaged as "Agency
Appropriations"
See
"Statewide Summary Information with its multiplicity of
funds/appropriations, etc. for Judiciary -- pp.2, 4, 5, 6, 7, 9, 10,
11, 13
Governor Cuomo's Division of
the Budget, headed by Robert Megna
Division of Budget Summary of 2013-14 Judiciary Budget
Exhibit B:
CJA's Information & Document Requests to
the Secretary of the Senate & Assembly's Public Information Office
Info
& Document Request #1
CJA's December 3, 2012 letter to
Secretary of the Senate
--
"RE: (1) Senate
Violation of its Rule VII, 4(d) & Rule XIV,
§1(a): Annual Reports of the Senate's 33 Standing
Committees;
(2) FOIL
Request: Senate Judiciary Committee's Annual Reports"
Secretary of Senate's December 10, 2012 e-mail, with attached 2011
Annual Report for Senate Judiciary Committee
CJA's December 11, 2012 letter to Secretary
of the Senate -- "RE: CJA's December 3, 2012 letter: (1) Senate
Violation of its Rule VII,
§4(d) & Rule XIV,
§1(a): Annual Reports of the Senate's 33 Standing
Committees; (2) FOIL Request: Senate Judiciary
Committee's Annual Reports"
CJA's February 28, 2013 letter to Secretary of the Senate
---- "RE: Did You Respond to CJA's December 11, 2012 Letter?: (1) Senate
Violation of its Rule VIII,
§4(d) & Rule XV,
§1(a): Annual Reports of the Senate's 33 Standing
Committees; (2) FOIL Request: Senate Finance Committee Annual Reports;
2012-2009; Judiciary Committee Annual Report: 2010"
CJA's February 28, 2013 e-mail to Assembly Public Information Office --
"Where are the Annual Reports of the Assembly Ways & Means Committee?"
Info & Document
Request
#2
CJA's February 25, 2013 letter to Secretary of Senate & Assembly Public
Information Office: "RE: The
Legislature's Certified Itemized Estimates of its Financial Needs for Fiscal
Year 2013-2014, as Required by Article VII, Sec. 1 of the NYS Constitution"
Secretary of the Senate's March 4, 2013 e-mail -- "Subject: Re:
Legislature's Certified Itemized Estimates of its Financial Needs: NYS
Constitution VII, Sec. 1"
Assembly Public Information Office's March 4, 2013 e-mail -- "Subject:
FOIL request re. itemized estimates"
attachments: (1)
December 1, 2012 letter to Governor from Temporary Senate President Skelos &
Assembly Speaker Silver; (2)
Legislative budget request for fiscal year 2013-2014
Info & Document
Request
#3
CJA's March 6, 2013 letter to Assembly Public Information Office -- "RE:
Where are the Legislature's Separately Presented 'Fringe Benefit Costs' for
Fiscal Year 2013-2014?"
Assembly Public Information Office's March 13, 2013 responding letter
Info & Document
Request
#4
CJA's March 6, 2013 letter to Secretary of Senate & Assembly Public
Information Office -- "RE: 'Budget Consideration Schedule' and 'Joint
Budget Conference Committee" and Subcommittees Thereto, Pursuant to Senate
and Assembly Joint Rules"
Assembly Public Information Office's March 7, 2013 e-mail
Secretary of the Senate's March 13 2013 e-mail
Info & Document
Request
#5
CJA's March 26, 2013 letter to Secretary of
Senate & Assembly Public Information Office
-- "RE:
The Public’s Right to Know the 'Process' Behind Adoption of Senate
Resolution 818 and Assembly Resolution 812: The Scandal of Judiciary Appropriations Bill S.2601/A.3001, the
Unidentified, Unitemized Judicial Salary Increases Therein, District
Attorney Salary Reimbursement Based Thereon – & the Price Tag of Each"
Secretary of the Senate's April 2, 2013 e-mail
Secretary of the Senate's April 25, 2013 e-mail
Assembly Public Info Office's April 3, 2013 letter
Info & Document Request #6
CJA's March 28, 2013 letter to Secretary of the Senate & Assembly Public
Information Office -- "RE:
Request for Production & Posting on Senate and Assembly Websites:
(1) the Filed 'Joint Certificate' Establishing the 'Joint Budget Conference
Committee' and its Subcommittees;
(2) Such
Filed 'Written Report(s)' as the Joint Budget Conference Committee and its
Subcommittees Rendered
Secretary of the Senate's April 4, 2013 e-mail with attached certificates
Assembly Public Information Office's April 5,
2013 letter with attached certificates
Info & Document Request #7
CJA's April 1, 2013 letter to Assembly Public Information Office -- "RE:
Request Pursuant to Assembly Rule VI "Freedom of Information" for
Unidentified Assembly Resolutions Passed by Voice Vote on March 29, 2013"
Resolutions supplied by Assembly Public Information Office
Info & Document Request #8
CJA's April 2, 2013 letter to Secretary of Senate/Assembly Public Info
Office
-- "RE:
Request for Name, Etc. of 'the superintendent of public buildings', Charged
with Safeguarding Fiscal Committee Records by
Legislative Law
§67"
April 8, 2013 response of Assembly Public Info Office
EXHIBIT C: The VIDEO EVIDENCE
of the February 6, 2013 Senate & Assembly Budget Hearing on "Public
Protection"
- With CJA's Testimony Relegated to the
End, as the Last Witness
(07:21:50)
click here for:
VIDEO, as posted by Senate
website
click here for:
VIDEO, as posted by Assembly website
click here for
Senate posting of witness list &
written testimony
click here for
Assembly
posting of hearing transcript
EXHIBIT D:
The DOCUMENTARY EVIDENCE handed up by CJA director at the February 6, 2013
budget hearing in substantiation of her testimony in opposition to the
judicial pay raises & the Judiciary budget
#1: click here for:
CJA's October 27, 2011
Opposition Report
#2: click here for:
verified complaint in CJA's People's lawsuit
vs NYS' three
government branches & highest constitutional
officers to void the judicial pay raises
& secure judicial accountability --
CJA, et al. v. Cuomo, et
al.
#3: CJA's correspondence with NYS's highest
constitutional officers in its three government branches
about the February 6, 2013 budget hearing
on "Public Protection"
With the Judicial Branch:
CJA's January 29, 2013 letter to Chief Administrative Judge A. Gail
Prudenti - "RE: (1) Clarifying the Judiciary’s
Budget for Fiscal Years 2013-2014 & 2012-2013: (a) The dollar
amounts sought by the Judiciary for judicial salary increases;
(b) The dollar amounts sought by the Judiciary for
'compensation and non-salary benefits for judges and justices of the
unified court system', exclusive of salary; and (2)
Production of the Judiciary’s
findings of facts and conclusions of law with respect to CJA’s
October 27, 2011 Opposition Report and People’s lawsuit based
thereon against New York State’s three governmental branches and
highest constitutional officers ,CJA,
et al. v. Cuomo, et al., to void the three-phase judicial salary
increases"
CJA's January 31, 2013 e-mail to Office of Court
Administration Communications Office --
"Subject: Questions Regarding the Judiciary's Budgets for Fiscal
Years 2013-2014 and 2012-2013"
CJA's February 4, 2013 e-mail to Judiciary -- "Subject: Awaiting Your
Answers: Questions Regarding the Judiciary's Budgets for Fiscal Years
2013-2014 and 2012-2013"
With the Legislative Branch:
CJA's January 30, 2013 letter to Temporary Senate President Dean
Skelos & Assembly Speaker Sheldon Silver -- "RE:
Enabling the
Legislative Committees Directly Responsible for Oversight of the
Judiciary’s Budget to Discharge their Mandatory Legislative Function"
CJA's January 30, 2013 letter to
Senate
Finance Committee: Chair
John DeFrancisco & Ranking Member Liz Krueger;
Assembly Ways and Means Committee:
Chair Herman D. Farrell, Jr. & Ranking Member Robert Oaks;
Senate Judiciary Committee:
Chair John J. Bonacic & Ranking Member Ruth
Hassell-Thompson; Assembly Judiciary Committee:
Chair
Helene E. Weinstein & Ranking Member Tom McKevitt
-- "RE:
February 6, 2013 Joint Legislative Hearing on
'Public
Protection': The Legislature’s Mandatory Duty to Override the
Judiciary’s Request for 'funding for the next phase of the judicial
salary increase', in Discharge of its Checks-and-Balance
Constitutional Function"
With the Executive Branch:
CJA's February 1, 2013 letter to Governor Andrew Cuomo
-- "RE:
Discharging Your Constitutional Duty with Respect to the Judiciary
Budget Request for Funding of the Judicial Salary Increases
Recommended by the August 29, 2011 'Final' Report of the Special
Commission on Judicial Compensation"
CJA's February 5, 2013 e-mail to Division
of Budget -- "Subject: Waiting to Hear from You:
What Review Does the Division of Budget Do of the Judiciary Budget?"
CJA's February 1, 2013 letter to Comptroller Thomas DiNapoli &
Attorney General Eric Schneiderman -- "RE: Discharging Your
Constitutional Duty with Respect to the Judiciary Budget Request for
Funding of the Judicial Salary Increases Recommended by the August
29, 2011 'Final' Report of the Special Commission on Judicial
Compensation"
-- referred-to
January 22, 2013 press release of Attorney General
&
January 22, 2013 press release of Comptroller
EXHIBIT E: The additional
DOCUMENTARY EVIDENCE substantiating CJA's February 6, 2013 testimony
in opposition to the judicial pay raises & the Judiciary budget --
referred to and relied on by its director during the testimony
#1:
As to the constitutional requirement of
itemization in the budget --
& the power & duty of the Legislature to reject
a budget whose lack of itemization prevents meaningful review
Supreme Court decision in
Pines, et al. v. New York
State
"'While the Constitution requires itemization of the State
budget and appropriation bills to implement the budget (Saxton
v. Carey, 44 N.Y.2d 545, 548...(1978) citing
People v. Tremaine, 281 N.Y.1, 5...[1939]), there
is no constitutional definition of itemization (Saxton,
44 N.Y.2d at 550, quoting and essentially adopting Judge Breitel's
dissent in Hidley v. Rockefeller, 28 N.Y.2
439...[1971]). Consequently, it has been held that,
...the degree of itemization necessary in a particular
budget is whatever degree of itemization is necessary for the
Legislature to effectively review that budget. Should the
Legislature determine that a particular budget is so lacking in
specificity as to preclude meaningful review, then it will be the
duty of that Legislature to refuse to approve such a budget...
(Saxton, 44 N.Y.2d at 550). ...If
the legislature determines that a budget is not sufficiently
itemized then it should decline to adopt it; however, once adopted
the logical inference can be drawn that the legislature found the
budget to be sufficiently itemized and capable of implementation."
The referred-to & quote
cases therein:
Saxton v. Carey;
People v. Tremaine (II);
Hidley v. Rockefeller
NOTE: the quality
of "justice" in NY's courts:
the fraudulence of the Supreme
Court decision in Pines v NYS, imposing a liability of $51 million upon the
State for judicial salary raises purportedly passed by the Legislature in
2009 -- read page 6 of the
decision describing the Assembly & Senate floor debates -- & compare
transcript of Assembly debate &
transcript of Senate debate
click here for:
the Judgment:
"ORDERED, that [NYS] shall cause the sum of Fifty-One
Million Six Thousand Seven Hundred Fifty Nine ($51,006,759) Dollars, for the
2009-2010 appropriation adjusting the compensation of the judges and
justices of the Unified Court System, to be allocated and forthwith
paid..."
record-appeal: Pines v. NYS
#2:
As to the the comment by legislators at the prior three
budget hearings on "public protection" as to the need for greater
itemization by the Judiciary in its budget
January 30, 2012 joint budget hearing on "public protection":
video -- at 3:21-3:27; 25:05-27:00 ;
transcript -- at pp. 25-27.
transcript excerpts: (1)
Chief Administrative Judge Prudenti's passing mention of
"process for adjusting judicial salaries"; pp. 25-27 exchange with Senator
Bonacic on "more itemization from the Judiciary in line items"
February 9, 2011 joint budget hearing on "public protection":
video at 3:16-4:11; 17:54-19:55 ;
transcript -- at pp 23-25; 32-46.;
transcript excerpt:
Chief Administrative Judge Pfau's thanks Legislature for
"judicial compensation law that was recently enacted, with the
salary commission"; explanation of Judiciary budget; exchanges with
Senator Bonacic; Senator Nozzolio; and Senator DeFrancisco on
greater itemization
February 8, 2010 joint budget hearing on "public protection":
transcript -- at pp. 37-47; 47-52 ;
transcript excerpts:
Chief Adminisrative Judge Pfau's request for judicial
supplemental support fund; exchange with Assemblyman Parment on
greater itemization in Judiciary's budget; exchange with Senator
DeFrancisco on judicial supplemental support fund
note: also see:
Assembly 6-month
expenditure reports
#3:
As to the statutory link between judicial
salaries
& district attorney salaries
CJA's October 27, 2011
Opposition Report; at p. 24 &
September
2, 2011 New York Law Journal article "Raises for
Justices Mean Higher Pay for Some D.A.s",
referred-to & quoted therein
Testimony of Shaun Byrne, Acting Commissioner of Division of Criminal
Justice Services -- & the colloquy between him and then Senator Saland at
the January 30, 2012 joint budget hearing on "public protection" --
video -- at 1:51:40 - 1:51:58 and 1:53:15 - 1:56:50
;
transcript at pp. 103; 104-107
2013 "Yellow Book" summary -- "District Attorney Salary
Reimbursement: "The Executive proposes a total of $3.9
million, an increase of $1.05 million from SFY 2012-13 level, to
support the full cost of local district attorney salary increases
that are tied to scheduled increases in judicial compensation."
-- compare to
2012 "Yellow Book" summary -- "The Executive proposes...an
increase of $530,000 in General Fund support to provide to counties
for costs associated with district attorney salary increases, which
would be tied to judicial compensation that is scheduled to take
effect on April 1, 2012."
Exhibit
F: CJA's post-hearing correspondence with Senate Finance Committee Ranking
Member Krueger, & with staff of the Senate Finance Committee, Assembly Ways
& Means Committee, Senate Judiciary Committee, Assembly Judiciary Committee
-- and majority & minority counsel
CJA's February 27, 2013 e-mail to Senator Liz Krueger -- "Subject:
Securing Appropriate Oversight & Action"
CJA's February 27, 2013 letter to Senator Liz Krueger's Chief of Staff
-- "RE: Memorializing What You Told Me"
CJA's February 27, 2013 e-mails -- "Subject: Verifying the Dispositive Nature of the February 6,
2013 Opposition Testimony to the Judiciary Budget & Judicial Pay Raises"
to Senate Finance Committee Majority
Coalition Chief of Staff & Secretary Robert Mujica, Counsel to Republican
Conference Diane Burman, & Counsel David Gruenberg
for Senate Finance Committee Democratic
Minority Secretary Joseph Pennisi & Democratic Conference Counsel Laura Wood
for Assembly Ways & Means Committee
Democratic Majority Secretary Matt Howard & Counsel Michael Johnson
for Assembly Ways & Means Committee
Republican Minority Director Rebecca Dagati & Counsel John Mertz
to Senate Judiciary Committee Chair John
Bonacic & Ranking Member John Sampson
to Assembly Judiciary Committee Chair Helene
Weinstein & Ranking Member Tom McKevitt
CJA's March 4, 2013 e-mail to Assembly Ways & Means Democratic Majority
-- "Subject: Assembly Ways & Means Democratic Majority: Verifying the
Dispositve Nature of the February 6, 2013 Opposition Testimony to the
Judicial Budget & Judicial pay Raises"
CJA's March 4, 2013 e-mail to Assembly Ways & Means Republican Minority
-- "Subject: Assembly Ways & Means Republican Minority:
Verifying the Dispositve Nature of the February 6, 2013 Opposition Testimony
to the Judiciary Budget & Judicial pay Raises"
CJA's March 4, 2013 e-mail to Assembly Judiciary Committee Chair Weinstein &
Ranking Member McKevitt -- "Subject: Assembly Judiciary Committee:
Verifying the Dispositive Nature of the February 6, 2013 Opposition
Testimony to the Judiciary Budget & Judicial Pay Raises"
CJA's March 5, 2013 e-mail to Senate Finance Commitee Majority --
"Subject: Senate Finance Committee Majority:
Verifying the Dispositive Nature of the February 6, 2013 Opposition
Testimony to the Judiciary Budget & Judicial Pay Raises"
CJA's March 5, 2013 e-mail to Senate Finance Commitee Minority --
"Subject: Senate Finance Committee Minority:
Verifying the Dispositive Nature of the February 6, 2013 Opposition
Testimony to the Judiciary Budget & Judicial Pay Raises"
March 5, 2013 e-mail response from Senate Finance Committee Minority
CJA's March 5, 2013 e-mail to Senate Finance Committee Minority --
"Subject: Senate Finance Committee Minority Procedures for Enabling
Senate Members to Discharge their "Policy Making Role"
EXHIBIT G
: CJA's post-hearing correspondence with Senate & Assembly
leadership: General Budget Conference Committee & its Subcommittes on
"Public Protection", Criminal Justice, & Judiciary
CJA's March 11, 2013 letter to the Senate Budget Subcommittee for
"Public Protection"
-- "RE:
Rectifying Your Absence at the February 6, 2013 Budget Hearing on
‘Public Protection’ by Verifying the Dispositive Nature of the Opposition
Testimony to the Judiciary Budget & its Judicial Salary Increase Request”
--
ANALYSIS of the Legislature's
"Color Books",
to further demonstrate the Legislature's duty to reject
the Judiciary Budget & the Judicial Salary Increases
Exhibit A: Senate Majority's "White Book"
link to "White Book"
Exhibit B: Senate Minority's "Blue Book"
link to "Blue Book"
Exhibit C: Assembly Majority's "Yellow Book"
link to
"Yellow Book"
Exhibit D: Assembly Minority's "Green Book"
not publicly available
CJA's March 13, 2013 e-mail to the General Budget Conference
Committee & its Subcommittee on "Public Protection", Criminal
Justice & Judiciary -
"Subject: The Legislature's Duty to Reject Judicial Appropriations Bill
S2601-A3001 & its Unidentified Judicial Salary Increases that are
Fraudulent, Statutorily-Violative, & Unconstitutional"
CJA's March 15, 2013 e-mail ALERT to All Senate & Assembly Members:
"Is the Judiciary Budget a 'Slush Fund'?"
CJA's March 18, 2013 letter to All Senate and Assembly Members:
"The People's Right to Know the Dollar Cost of the Judiciary Budget & of the
Appropriations Bill for the Judiciary"
cc to legislators:
CJA's March 19, 2013 letter to Governor Andrew Cuomo
-- "RE: Assisting the Legislature in Discharging
its Constitutional Duty:
The People’s Right to Know the Dollar Cost of the
Judiciary Budget & of the Appropriations Bill for the Judiciary & to be
Protected from “Grand Larceny of the Public Fisc”
by Unidentified, Unitemized Judicial Pay Raises, whose Fraudulence,
Statutory-Violations, and Unconstitutionality are
Proven
by Documentary Evidence in
Your Possession & the Legislature’s"
CJA's February 26, 2013 letter to Budget Director Robert Megna
CJA's February 1, 2013 letter to Governor Cuomo
CJA's March 22, 2013 letter to the General Budget Conference
Committee & its Subcommittee on "Public Protection", Criminal Justice, &
Judiciary -- "RE:
The Public’s Right to Know the 'Process' Behind Adoption of Senate
Resolution 818 and Assembly Resolution 812:
The Scandal of Judiciary Appropriations Bill S.2601/A.3001, the
Unidentified, Unitemized Judicial Salary Increases Therein, District
Attorney Salary Reimbursement Based Thereon – & the Price Tag of Each"
CJA's March 24, 2013 letter to ALL Senators
-- "Why You Must
Reject S.2601 -- The Appropriations Bill for the Judiciary"
fn. 3: S-2605-C/D
CJA's March 25, 2013 e-mails to Senator Krueger,
Senator Latimer, Senator Parker, & Senator Hoylman
-- "Standing up for Legislative Law 54 & 'process' with respect to the
budget", enclosing (1) transcribed excerpt of March 24, 2013 Senate floor proceeding
; (2)
transcribed excerpt of February 26, 2009 hearing of Temporary
Senate Committee on Rules & Administration Reform;
(3)
pertinent pages about the budget from 2009 Minority & Majority Reports of
Temporary Senate Committee on Rules & Administration Reform;
(4)
Legislative Law 54
CJA's March 26, 2013 letter to ALL Assembly
Members -- "Why You Must Reject A.3001 -- The Appropriations
Bill for the Judiciary"
fn. 3: S-2605-C/D
CJA's March 26, 2013 e-mail to Senate Finance Committee Chairman DeFrancisco
& Ranking Member Krueger -- with copy to Senator Latimer
-- "RE: Request that CJA's Opposition Report & verified complaint be
brought to the Senate floor for inspection by the Senators"
CJA's March 27, 2013 e-mail to Assembly Ways & Means Chairman Farrell,
Ranking Member Oaks, Assembly Members Buchwald & Katz -- "Subject --
Assisting Assembly Members in their Duty to Reject Judicial Appropriations
Bill A.3001"
CJA's March 28, 2013 e-mail to Assembly Members Buchwald & Katz --
"Subject:
Annotations for SUCCESSFUL, due process-procedural
objections on Assembly
floor"
March 24 transcript excerpt
March 26 transcript excerpt
Exhibit H:
CJA's April 2, 2013 letter to Chairs & Ranking Members of the Senate &
Assembly Fiscal Committees -- "RE: GIVING
NOTICE:
(1) The Mandatory Statutory Duty of the
Legislature’s Fiscal Committees to Preserve Evidence, Pursuant to
Legislative Law
§67;
(2)
CJA’s Request to Testify in Opposition at Next Year’s Legislative Hearings
on the Budget for Fiscal Year 2014-2015, Pursuant to Legislative Law
§32-a
EXHIBIT I:
The VIDEO EVIDENCE of the discussion & vote on Budget Bills by the Senate on
March 24 & March 26, 2013 and by the Assembly on March 28-9, 2013:
Senate
floor proceedings: March 24, March 26, 2013
March 24 video (at
00:01:19 - 00:14:45; 00:20:00; 00:30:58; 00:45:45) &
March 24 transcript
March 26 video (at 00:16:26) &
March 26 transcript
voting against: Espaillat, Hoylman, Latimer, Parker, Sampson
also: Senate Finance
Committee meetings: March 24
&
March 26
Assembly floor proceedings:
March 28-29, 2013
March 28-29 video (at
10:50:44 - 10:55:36) & transcript
Exhibit J: The VIDEO
EVIDENCE of the discussion & vote Budget Resolutiond by the Senate &
Assembly on March 11, 2013:
Senate Floor
Proceedings on Senate Resolution 818:
March 11 video
(discussion & vote
at 9.45 - 2.11);
Senate
Resolution 818
transcript of March 11th floor proceeding
Assembly Floor
Proceedings on Assembly Resolution 812:
March 11 video
(discussion & vote at 0.46 - 3.00)
Assembly Resolution 182
Exhibit K:
The VIDEO EVIDENCE of the proceedings of the General Budget Conference
Committee
March 11 meeting of General Budget Conference Committee
March 12 announcement of
Composition
of General Conference & Subcommittees
March 14 meeting of General Budget Conference
Committee
Exhibit L:
The VIDEO EVIDENCE of the proceedings of the Subcommittee on "Public
Protection", Criminal Justice, & Judiciary
video of March 12 Subcommittee meeting
video of March 14 Subcommittee meeting
written March 19 announcement of March 19 Subcommittee meeting
video of March 19 Subcommittee meeting - [not broadcast live &
subsequently posted as "This video has been removed by the user";
restored in the afternoon of March 28 or morning of March 29]
written March 20 anouncement of postponement of March 2013
Subcommittee meeting
* * *
March 13, 2013
News Relese of Assembly Speaker Sheldon Silver: "Assembly
Passes Sunshine Week Legislation to Increase Public Access and
Promote Greater Government Accountability"
find the data: average salary of NYS employees
* *
*
Governor's March 29, 2013 press release: "Governor Cuomo and
Legislative Leaders Announce Early Passage of 2013-14 Budget"
Governor's Division of the Budget March 29, 2013 press release: "Governor
Cuomo and Legislative Leaders Announce Early Passage of 2013-14 Budget"
Governor Cuomo's March 29, 2013 video message on NY's budget -- "...Today is
a new and different day. Government is working & it is working for
you... New York is rising..."
March 31 2013 Press Release
THE UNFINISHED NEW YORK STATE BUDGET STORY ON THE GOVERNOR’S DESK
* *
*
NEW YORK STATE
BUDGET PROCESS:
NYS Constitution: Article VII,
§7:
"No money shall ever be paid out of the state
treasury...except in pursuance of an appropriation by law...and
every such law making a new appropriation or continuing or reviving
an appropriation, shall distinctly set forth the sum appropriated,
and the object or purpose to which it is to be applied; and it shall
not be sufficient for such law to refer to any other law to fix such
sum"
* *
*
1. The Judiciary's Role in the
Budget
NYS
Constitution: Article VII,
§1
“...Itemized estimates of the financial
needs of the legislature, certified by the presiding officer of each
house, and of the judiciary, approved by the court of appeals and
certified by the chief judge of the court of appeals, shall be
transmitted to the governor not later than the first day of December
in each year for inclusion in the budget without revision but with
such recommendations as the governor may deem proper.
Copies of the itemized estimates
of the financial needs of the judiciary also shall forthwith be
transmitted to the appropriate committees of the legislature.”
2. The Governor's Executive Budget
NYS
Constitution: Article VII,
§2
“…the governor shall
submit to the legislature a budget containing a complete plan of
expenditures proposed to be made before the close of the ensuing
fiscal year… It shall also contain such other recommendations and
information as the governor may deem proper and such additional
information as may be required by law.”
NYS
Constitution, Article VII,
§3
“At the time of submitting the budget to
the legislature the governor shall submit a bill or bills containing
all the proposed appropriations and reappropriations included in the
budget and the proposed legislation, if any, recommended therein.
The governor may at any time
within thirty days thereafter and, with the consent of the
legislature, at any time before the adjournment thereof, amend or
supplement the budget and submit amendments to any bills submitted
by him or her or submit supplemental bills.
The governor and the heads of
departments shall have the right, and it shall be the duty of the
heads of departments when requested by either house of the
legislature or any appropriate committee thereof, to appear and be
heard in respect to the budget during the consideration thereof, and
to answer inquiries relevant thereto.
The procedure for such appearances
and inquiries shall be provided by law.”
3. The Legislature's Role in the
Budget
NYS
Constitution, Article VII,
§3
“...The governor and the heads of
departments shall have the right, and it shall be the duty of the
heads of departments when requested by either house of the
legislature or any appropriate committee thereof, to appear and be
heard in respect to the budget during the consideration thereof, and
to answer inquiries relevant thereto.
The procedure for such appearances
and inquiries shall be provided by law.”
Legislative Law §31
"Appearances and inquiries in respect to the
budget; procedure regulated. The governor and the heads
of departments, divisions and offices each
shall have the right to appear voluntarily and be heard in respect
to the budget before the committees of
the houses of the legislature to which such budget
may be referred under the rules of such houses, as
herein provided. Such voluntary appearance by the head of a
department, division or office may be made either in person
or by an
accredited representative of the
department, division or office. If the governor or the head of any
department, division or office shall request a hearing before the
committee, in respect to the budget, the committee shall
notify him or them of the time or times when
the committee is prepared to hear him or them on such voluntary
appearance. At any time before the bills
accompanying the budget shall have been reported, the committee to
which they were referred may request the
head of any department, division or
office, other than the governor, to appear before
it, at a time stated or forthwith, and answer relevant
inquiries in respect to the budget. If, pursuant to section
three of article seven of the constitution, a
house of the legislature directly requests the head of a department,
division or office to appear before it
or a committee thereof, to answer inquiries
in respect to the budget, at a time stated or forthwith, the
secretary or clerk of such house, as the case may
be, shall notify him of such request and of the time when his
appearance is desired, immediately upon the adoption of the
resolution therefor. If the head of a
department, division or office whose
appearance is requested by such house or
committee be a board or commission,
the request may be directed to one or more of its members,
naming him or them.
Legislative Law
§32-a "Budget; public hearings"
"After submission and prior to enactment of
the executive budget, the senate finance committee and the assembly
ways and means committee jointly or separately shall conduct public
hearings on the budget. Such hearings may be conducted
regionally to provide individuals and organizations throughout the
state with an opportunity to comment on the budget. The
committees shall make every effort to hear all those who wish to
present statements at such public hearings. The chairs of the
committees jointly or separately shall publish a schedule of
hearings."
Legislative law
§53 "Budget review process"
Within ten days after submission of
the budget by the governor pursuant to article seven of the
constitution, the temporary president of the senate and the speaker
of the assembly shall jointly or separately promulgate a schedule for
the specific budget-related actions of each house, including but not
limited to the following:
1. a preliminary
response by the houses to the governor's budget submission;
2. fiscal committee hearings on the budget, hearings with
heads of departments and divisions pursuant to section three of
article seven of the constitution, and other actions which may be
taken by the fiscal committees, which shall be designed to inform
the public of the contents of the governor' budget policy issues
relating to such budget and such other information as the senate and
the assembly shall jointly or separately determine. Such
hearings and other actions may be conductd jointly or separately;
...4. the dates of the public hearings
required by the provisions of section thirty-two-a of this chapter.
Legislative Law
§54 "Report on the budget"
1. Upon passage of appropriation bills by
both the senate and the assembly, the
senate
and
the
assembly
shall
issue
either
jointly
or separately a summary of changes to the budget
submitted by the governor
in
accordance
with
article
seven
of
the constitution. The summary shall be in such a form as to
indicate whether the budget as amended provides that, for the
general fund, any changes
in anticipated disbursements are
balanced
by
changes
in
anticipated receipts. The summary shall be accompanied by
descriptions of changes to both receipts and disbursements in
sufficient detail as is necessary to describe legislative action on
the governor's budget submission.
The summary shall be in such format as determined by the
senate and the assembly, either jointly or separately, and may be
issued separately, as
part of the report required by section twenty-two-b of the state
finance law or may be included
within
the
introductory
memoranda
or
fiscal committee memoranda relating to such legislation or in
such other manner
as
may
be determined by the senate and the assembly, either
separately or jointly.
2. (a) The legislature shall enact a budget for
the
upcoming
fiscal year that it determines is balanced in the general
fund.
(b) Before voting upon an appropriation bill submitted by the
governor and related legislation, as amended, in accordance with
article seven of the
constitution,
each house
shall place on the desks of its members a report relating to each
such bill and, preceding
final
action
on
all such
appropriation
bills and legislation, members shall be so provided with a
comprehensive, cumulative report relating to all such
bills
and
legislation.
(c)
The
reports prepared by each house shall include for the general
fund a summary of proposed legislative revisions to the executive
budget for the ensuing fiscal year, and shall separately identify
and
present all
legislative additions, reestimates and other revisions that increase
or
decrease
disbursements,
and
separately
identify
and
present all legislative reestimates and other revisions that
increase
or
decrease available resources.
Such report shall, where practicable, display and separately
identify and present all legislative additions,
reestimates, and
other revisions that increase or decrease state funds and all funds
spending, including an estimate of the impact of the proposed
revisions on local governments and the state workforce.
Legislative Law §54-a. Scheduling of legislative consideration of
budget bills.
The legislature shall by concurrent resolution
of the senate and assembly prescribe by joint rule or rules a procedure for:
1.
establishing
a joint budget conference committee or
joint budget conference committees within ten days following the
submission
of
the budget by the governor pursuant to
article seven of the constitution, to consider
and reconcile such budget resolution or
budget bills as may be passed by each house; and
2. promulgating a schedule within ten days
following the submission of the
budget
by
the
governor
pursuant
to
article
seven
of
the constitution, for considering and
acting upon such budget appropriation and related bills which shall include:
(a) dates for those actions required to be
taken
by
the
legislature pursuant to section
fifty-three of this chapter;
(b)
dates for
public
hearings
on
submissions
by the governor as required by section
thirty-two-a of this chapter;
(c) a date for the establishment of joint
budget conference
committee or committees; and
(d)
a
date
by
which
such
joint
budget
conference
committee or committees shall issue their
final reports.
As to the Senate Finance Committee & the Assembly
Ways & Means Committee, see, also:
Legislative Law §27
"Appointment of secretaries
of finance and ways and means
committees. The committee on finance of the senate and the committee
on ways and means of the assembly shall
serve throughout the year, with power to make, through the chairman
of the respective committees or through
subcommittees appointed by them, such
investigation of the various activities of the state as will aid
them in their consideration of the budget submitted by
the executive and any further appropriations proposed to the
legislature. The temporary president of the senate shall appoint a
secretary for the senate finance committee and the speaker of the
assembly shall appoint a secretary for the assembly ways and
means committee. Each appointment shall be evidenced
by certificate duly executed by the officer making
the appointment, and filed in the office of the secretary of state.
Such secretaries shall hold office
until their successors are appointed."
Legislative Law §29
"Subcommittees of finance and ways
and means committees. For the purpose of more effectively carrying
out the provisions of this article, and those of article
two of the state departments law, the chairman of the committee on
finance appointed under the rules of the senate and the chairman of
the committee on ways and means appointed under the rules of the
assembly shall have the power to name subcommittees to perform such
duties as they may prescribe..."
Legislative Law §30
"Duties of finance and ways and means
committees and secretaries.
The committees and their secretaries shall
have access at all reasonable times
to offices of state departments,
commissions, boards, bureaus and offices, to institutions and to all state
authorities and
public
works of
the
state and they may, for the purpose of
obtaining information as to the method of operation,
general
condition,
management
and
needs thereof,
examine
the
books,
papers
and
public
records
therein.
Notwithstanding
any other
provision
of
law
such state
departments, commissions,
boards,
bureaus,
offices,
state
authorities
and
institutions
shall through their proper officers or deputies furnish
to such committees such data, information
or statements as may be necessary
for
the
proper exercise of their powers and duties
and for the purpose of carrying into effect the provisions of this article.
The finance and ways
and
means
committee
in exercising the powers and performing
the duties prescribed by this article may act
jointly,
or
separately,
as they deem advisable."
As to the Senate & Assembly
Judiciary Committees, see also:
2013-2014
Senate Rules
Rule
VII,
§4c.
"Committee oversight function. Each
standing committee is required to conduct oversight of the
administration of laws and programs by agencies within its
jurisdiction."
2009 Senate Judiciary Committee Annual Report --
contains four sentences about the Judiciary budget for fiscal year
2009-10-11 & nothing about the judicial salary increase provision within it
that would give rise to Pines v. NYS -- with its $51 million
liability for the State
2012 Senate Judiciary Committee Annual Report
-- contains one sentence about the "Judiciary Budget for State Fiscal Year
2012-2013" --"The Legislature adopted a Unified Court System Budget of $2.55
billion, which reflected an increase of $3.6 million or .14%."
2013-2014 Assembly Rules
Rule IV,
§1d:
"..Each standing committee shall, furthermore,
devote substantial efforts to the oversight and analysis of the
activities, including but not limited to the implementation and
administration of programs, of departments, agencies, divisions,
authorities, boards, commissions, public benefit corporations and
other entities within its jurisdiction..."
2011
Assembly Judiciary Committee Annual Report
2012
Assembly Judiciary Committee Annual Report
ASSEMBLY RULES: Rule I: Speaker:
§8. Budget adoption
schedule. Within ten days of submission of the budget by the
Governor, the Speaker shall promulgate a schedule of dates for consideration
and passage of the budget appropriation and related bills. Such dates shall
include dates for public hearings on such bills, dates for the issuance of
forecasts and dates for the passage of such appropriation bills. Such
schedule, to the extent practicable, shall be promulgated jointly with the
Temporary President of the Senate. Provided, however, upon the adoption of a
budget adoption schedule pursuant to Joint Rule II, the provisions of such
Joint Rule shall supercede the provisions of this section.
SENATE & ASSEMBLY
JOINT RULE III
§1. Budget
Consideration Schedule.
In accordance with section 54-a of the Legislative Law,
within ten days of the submission of the budget by the Governor
pursuant to article VII of the Constitution, the Temporary President
of the Senate and the Speaker of the Assembly shall promulgate a
schedule of dates for considering and acting upon such submission.
Such schedule shall include the dates for those actions
required to be taken by the legislature pursuant to section 53 of
the Legislative Law, dates for the convening of a joint budget
conference committee or committees as provided herein, and
a date by which such committee or committees shall issue a final
report or reports.
§2.
Joint Budget Conference
Committee.
In accordance with section 54-a of
the Legislative Law, within ten days of the submission of the budget
by the Governor pursuant to article VII of the Constitution, the
Temporary President of the Senate and the Speaker of the Assembly
shall jointly establish a Joint Budget Conference Committee and, as
they deem necessary, any number of subcommittees subordinate to such
Joint
Budget Conference
Committee, to consider and
reconcile such budget resolutions or bills passed by, or as may be
passed by, the Senate and Assembly.
Such
Joint
Budget
Conference
Committee shall be constituted and conducted as prescribed in Joint
Rule II and shall file its written
report
in
accord
with
the
schedule established pursuant to section 1 of this rule.
JOINT RULE II
§1.
Committee
on
Conference. The
Temporary President of the Senate and the Speaker of the Assembly may
jointly convene a Joint Committee
on
Conference to consider and report upon
substantially similar but not identical legislation that has passed each
House of the Legislature. Such committee shall be constituted by the filing
of a joint certificate by the Temporary President of the Senate and the
Speaker of the Assembly with the Secretary of the Senate and the Clerk of
the Assembly, and
shall consist of the same number of
members from each House. Unless otherwise provided in the certificate, there
shall be
five
members
on such
committee
from each House to be appointed by the
Temporary President of the Senate who shall appoint the members from the
Senate and the Speaker of the Assembly who shall appoint the members from
the Assembly; provided, however, that of each House's delegation at least
one
member shall represent
the minority in each House. The Temporary
President of the Senate and the Speaker of the Assembly shall each appoint
a
co-chairperson
of the committee and such co-chairpersons
shall convene and recess meetings of the committee. Meetings jointly
convened by the co-chairpersons shall be subject to the provisions of
Article 7 of the Public
Officers
Law.
The
committee
shall file a written
report setting forth the joint recommendations of a majority of each House's
delegation with the Secretary of the Senate and the Clerk of the Assembly
or
such other
committees or officers as
may be set forth in the certificate and such report may include
specific bill language that would implement
the joint
committee's recommendations. No report
shall be filed except upon the affirmative vote of a majority of the members
of each House's delegation on the committee.
* * *
4. The Governor's Role -- again
NYS Constitution, Article
VII,
§4
"...appropriations for the legislature and
judiciary and separate items added to the governor's bills by the
legislature shall be subject to approval of the governor as provided
in section 7 of article IV."
NYS Constitution, Article IV,
§7:
"...If any bill presented to the governor contain several items of
appropriation of money, the governor may object to one or more of
such items whie approving of th other portion of the bill. In
such case the governor shall append to the bill, at the time of
signing it, a statement of the items to which he or she objecs; and
the appropriation so objected to shall not take effect. If the
legislatur be in session, he or she shall transmit to the house in
which the bill originatd a copy of such statment, and the itmes
objectd to shall be separately reconsidered. If on
reconsideration one or mor of uch itms be approved by two-thirds of
the members elected to each house, the same shall be part of the
law, notwithstanding the objections of the governor. All the
provisions of this section, in relation to bills not approved by the
governor, shall apply in cases in which he or she shall withhold
approval from any item or items contained in a bill appropriating
money."
* * *
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& Correspondence with U.S. Attorney Bharara --
&
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