Holding Government Accountable
THE PEOPLE FIGHT BACK! 

2013:  SECURING LEGISLATIVE OVERSIGHT & OVERRIDE
of the 2nd & 3rd phases of the judicial pay raises
scheduled to take effect APRIL 1, 2013 & APRIL 1, 2014

CJA's March 29, 2013 letter to Governor Cuomo's Chief of Staff --
"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"  TRANSMITTING E-MAIL

click here for:  budget documents, etc

THE SCENE OF THE CRIME: 
The Whole of the Legislature,
culminating on
the Assembly Floor -- March 29, 2013
the Senate Floor -- March 26, 2013
VIDEO --Senate Floor  (at 00:16:26);
transcription & referred-to Report
  voting against: Espaillat, Hoylman, Latimer, Parker, Sampson
       VIDEO: Senate Finance Committee -- March 26, 2013

CJA's March 28, 2013 e-mail to Assemblyman Philip Palmesano -- "There's plenty of $ for the developmentally disabled -- available from the Judiciary 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 

CJA's March 27, 2013 e-mail to Assembly Ways & Means Chairman Farrell, Ranking Member Oaks, Assembly Members Buchwald & Katz, & Other Legislators -- "Subject: Assisting Assembly Members in their Duty to Reject Judicial Appropriations Bill A.3001"

CJA's March 26, 2013 e-mail to Senate Finance Committee Chairman DeFrancisco & Ranking Member Krueger -- with copy to Senators Latimer, Hoylman, & Assemblyman Buchwald -- "RE: Request that CJA's Opposition Report & verified complaint be brought to the Senate floor for inspection by the Senators"

CJA's March 26, 2013 e-mail to ALL Senators -- "Subject: 'grand larceny of the public fisc' -- Why You Must Reject S2601 -- Judiciary Appropriations Bill"

CJA's March 26, 2013 letter to ALL Assembly Members -- "RE: Why You Must Reject A.3001 -- The Appropriations Bill for the Judiciary"
        TRANSMITTING E-MAIL TO ALL ASSEMBLY MEMBERS

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" 
    
CJA's March 25, 2013 e-mails to Senator Krueger, Senator Latimer, Senator Parker, & Senator Hoylman -- "Subject: Standing up for Legislative Law 54 & 'process' with respect to the budget"

      -- transcribed excerpt: March 24, 2013 Senate floor proceedings on budget appropriations

        -- transcribed excerpt: February 26, 2009 hearing of Temporary Senate Committee on Rules & Administration Reform

        -- excerpts: 2009 Minority & Majority Reports of Temporary Senate Committee on Rules & Administration Reform

        -- Legislative Law 54 

           click here for: March 24, 2013 Senate floor proceedings   March 24, 2013 Senate Finance Commmitee meeting
 

CJA's March 24, 2013 letter to ALL Senators -- "RE: Why You Must Reject S.2601 -- The Appropriations Bill for the Judiciary"    fn. 3: S-2605-C/D
        E-MAIL TRANSMITTALS: to all Senators -- here & here & here -- and then again on March 26, 2013 "'grand larceny of the public fisc'..."

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" 
             E-MAIL & FAX TRANSMITTALS:  to all Senators;  to all Assembly Members; to General Conference Committee & Subcommittee; to Subcommittee Chairs Nozzolio & Lentol; to Senator Latimer & Assemblymen Buchwald & Katz

click here for:  Senate Resolution 818,  Assembly Resolution 812, videos of their passage on March 11th, as well as videos of the General Budget Conference Committee & its Subcommittee on "Public Protection", Criminal Justice & Judiciary  

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"    
         E-MAIL & FAX TRANSMITTALS:  to Governor; all legislators;  all members-assembly judiciary; all members-senate judiciary; all-members-assembly ways & means; all members-senate finance; Assembly Public-Protection Subcommittee Chair Lentol; Senate Public-Protection Subcommittee Chair Nozzolio

                 CJA's February 26, 2013 letter to Budget Director Robert Megna

                 CJA's February 1, 2013 letter to Governor Cuomo

CJA's March 18, 2013 letter to ALL Senate and Assembly Members -- "RE: The People's Right to Know the Dollar Cost of the Judiciary Budget & of the Appropriations Bill for the Judiciary"        transmitting e-mail/fax receipts

CJA's March 15, 2013 e-mail ALERT to ALL Senate & Assembly Members -- "Subject: Is the Judiciary Budget a 'Slush Fund'?"

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 13, 2013 e-mails to Legislative Leadership -- "Subject: The Uselessness of the Legislature's 'White', 'Blue', 'Yellow' & 'Green' Books as Aids to Legislators in Understanding the Judiciary Budget & District Attorney Salary Reimbursement"

   -- 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 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”

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'"

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 February 27, 2013 letter to Senator Liz Krueger's Chief of Staff -- "RE: Memorializing What You Told Me"

CJA's February 27, 2013 e-mail to Senator Liz Krueger -- "Subject: Securing Appropriate Oversight & Action"

CJA's February 27, 2013 e-mail to Senate Finance Committee Majority Coalition Chief of Staff & Secretary Robert Mujica, Counsel to Republican Conference Diane Burman, & Counsel David Gruenberg -- "Subject:  Verifying the Dispositive Nature of the February 6, 2013 Opposition Testimony to the Judiciary Budget & Judicial Pay Raises"

CJA's February 27, 2013 e-mail for Senate Finance Committee Democratic Minority Secretary Joseph Pennisi & Democratic Conference Counsel Laura Wood -- "Subject:  Verifying the Dispositive Nature of the February 6, 2013 Opposition Testimony to the Judiciary Budget & Judicial Pay Raises"

CJA's February 27, 2013 e-mail for Assembly Ways & Means Committee Democratic Majority Secretary Matt Howard & Counsel Michael Johnson -- "Subject:  Verifying the Dispositive Nature of the February 6, 2013 Opposition Testimony to the Judiciary Budget & Judicial Pay Raises"

CJA's February 27, 2013 e-mail for Assembly Ways & Means Committee Republican Minority Director Rebecca Dagati & Counsel John Mertz -- "Subject:  Verifying the Dispositive Nature of the February 6, 2013 Opposition Testimony to the Judiciary Budget & Judicial Pay Raises"

CJA's February 27, 2013 e-mail to Senate Judiciary Committee Chair John Bonacic & Ranking Member John Sampson -- "Subject:  Verifying the Dispositive Nature of the February 6, 2013 Opposition Testimony to the Judiciary Budget & Judicial Pay Raises"

CJA's February 27, 2013 e-mail to Assembly Judiciary Committee Chair Helene Weinstein & Ranking Member Tom McKevitt -- "Subject:  Verifying the Dispositive Nature of the February 6, 2013 Opposition Testimony to the Judiciary Budget & Judicial Pay Raises"

CJA's February 26, 2013 letter to Budget Director Robert Megna -- "RE: Furnishing the Legislature with Essential Information: (1) What review did the Division of the Budget do of the Judiciary’s budget for fiscal year 2013-2014?; (2) What is the Division of the Budget’s response to CJA’s testimony at the Legislature’s February 6, 2013 budget hearing on 'public protection', opposing the Judiciary’s budget and funding for the judicial salary increase?"
        TRANSMITTING E-MAIL & FAX

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  click here for:
CJA's testimony at February 6, 2013 budget hearing --
& THE EVIDENCE SUPPORTING IT

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FOIL Correspondence
with the Judiciary on its budget

CJA's February 20, 2012 letter to Unified Court System --
"RE: Request for records pertaining to the Judiciary's budgets for fiscal years 2013-2014 & 2012-2013 pursuant to FOIL and 124 of the Chief Administrator's Rules"

Unified Court System's February 20, 2013 e-mail -- "Subject: foil request"

CJA's February 22, 2013 e-mail  to Unified Court System -- "Subject: Furnishing Responsive Documents -- RE: foil request" 

Unified Court System's February 22, 2013 e-mail -- "Furnishing Responsive Documents -- RE: foil request"

Unified Court System's February 22, 2013 e-mail -- "Furnishing Responsive Documents -- RE: foil request"

FOIL Correspondence
with the Secretary of the Senate & Assembly Public Info Office on the Legislature's budget

Request #1: 

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

Request #2

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

Request #3

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 responding e-mail

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March 13, 2013 News Relese of Assembly Speaker Sheldon Silver:  "Assembly Passes Sunshine Week Legislation to Increase Public Access and Promote Greater Government Accountability"

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find the data: average salary of NYS employees

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ALSO SEE:

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." 

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"

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 

CJA's February 28, 2013 e-mail to Assembly Public Information Office -- "Where are the Annual Reports of the Assembly Ways & Means Committee?" 

*   *   *

THE PRESS IN ACTION

December 3, 2012:
"Court System Submits No-Growth Budget",
NYLJ, by John Caher

January 23, 2013: 
"Governor Applauds Judiciary's No-Growth Budget as 'Well Done'",
NYLJ, by John Caher & Joel Stashenko

CJA's February 5, 2013 e-mail to John Caher, with copy to Joel Stashenko --
"CJA Testifying tomorrow in Opposition to the Judiciary Budget"

February 7, 2013: 
"Cutbacks Will Be Felt By OCA, Prudenti Says",
NYLJ, by John Caher

CJA's February 15, 2013 e-mail to Joel Stashenko, with copy to John Caher & Kris Fischer --
"Reporting on CJA's challenge to the judicial pay raises -- and the Judiciary's budget"

CJA's March 14, 2013 e-mail to NYT-Hakim, Kaplan, Metro, Editorial:
"Citizen Challenge to Judiciary Budget Exposes the Sham of NY's Budget Process & the Hoax of its New Transparency" --
Addendum e-mail

CJA's March 14, 2013 e-mail to AP - Michael Gormley; Michael Virtanen --
"Citizen Challenge to Judiciary Budget Exposes the Sham of NY's budget Process & the Hoax of its New Transparency"

CJA's March 14, 2013 e-mail to David Lombardo/Daily Gazette --
"Citizen Challenge to Judiciary Budget Exposes the Sham of NY's budget Process & the Hoax of its New Transparency"

CJA's March 14, 2013 e-mail to NYLJ - John Caher, Joel Stashenko, Kris Fischer --
"The Legislature's Duty to Reject Judiciary Appropriations Bill S2601-A3001 & its Unidentified Judicial Salary Increases that are Fraudulent, Statutorily-Violative, & Unconstitutional"

CJA's March 24, 2013 e-mail to Legislative Correspondents' Association reporters, etc --
"Your Coverage of Today's Senate Floor Proceedings on the Budget"

New York Times Topic: NYS Budget

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