Memo, What Memo?

This issue, like many others that involve Senator Darrel Aubertine, on the home rule legislation in regards to the YMCA in Watertown and in Oswego County with the Towns of Parish and Granby, just keep taking various twist and turns. If Senator Aubertine and his staff would not attempt to cover up inaction on their part, then some of these issues that always swirl around him would clear up a lot quicker.

In all cases of the home rule legislation; it appears Senator Aubertine failed to fill out Senate Form 63, which moves legislation through the chamber, in all cases it appears he failed to pick up the phone and contact the Senator who chairs the specific committee where the bill is lodged. And in all cases Aubertine's spokesman Drew Mangione claimed they sent memos, and each time they are requested to produce the memos, they can not produce them.

Here is a clip from a July 26, 2008 article in the Valley News of Fulton.

Mangione said Aubertine did not file the Form No. 63 but instead issued a memo to the Rules Committee, which he said does not require the Form No. 63.

Mangione said the memo is dated June 4, which is 20 days prior to the passage of the bill in the assembly.

OOPS! No Memos!
The Valley News did some good reporting and submitted a FoIL request (Freedom of Information Law) for the memos and they found NO memos exist. The article also points out Drew Mangione, who appears to be running around in a circular office, is having a difficult time deciding who sent the non existent memo, first it was the Senator, then the Minority counsel, but still NO memo.

A link to today's article, or continue to read the entire article below, it is cut, pasted and highlighted.

Granby Water District: Senate claims no memo exists, Aubertine maintains it does

by Carol Thompson In response to a request made under the Freedom of Information Law, The Valley News has been advised in writing by the secretary of the N.Y. State Senate that no memo exists in regard to a bill pertaining to the Town of Granby’s No. 3 water district. The bill never made it to the floor of the senate prior to its summer recess and area State Senator Darrell Aubertine is blaming the majority Republicans, while the Republicans blame Aubertine for failing to file the appropriate paperwork necessary to move a proposed bill to the floor. The bill in question would amend the public-authorities law to allow the Onondaga County Water Authority to operate and maintain the Town of Granby’s water system, simply by adding the town to the list of towns already authorized to contract with the authority. The failure of the bill to reach the floor of the senate had no impact on the town. The bill has been described as one that would satisfy a quirk in the law. At the senate’s committee level, in order for a bill to be considered, a Form No. 63 must be filed and that was not done on behalf of Granby. Aubertine said he filed the memo in lieu of the Form No. 63. Aubertine spokesperson Andrew Mangione said Wednesday, “We did what we were told.” When asked who had told him to file the memo rather than the form, he responded that the majority and the minority counsel had given the advice. The senate majority denies Aubertine’s claim and further maintains that they never learned of the memo until it was referenced in a newspaper article. There is some uncertainty as to who sent the memo and what it contained. During a July 24 interview, Mangione said Aubertine issued a memo to the Senate Rules Committee dated June 4 to ask that his priority bill list be added to the priority bill list of the minority. When told Wednesday of the Senate’s response to the Freedom of Information request, Mangione said the memo was sent from the minority counsel to the majority counsel, and not from Aubertine himself. The bill passed in the state Assembly by a 139-1 vote June 24 and was referred to the Senate’s Corporations, Authorities, and Commissions Committee, chaired by Senator John Flanagan. According to the Senate Chamber Procedure Manual, “To request a bill out of Committee, the Member must complete and sign Form No. 63, which may be obtained from Senate Desk Operations.” It continues, “Attached to the form should be a copy of the bill and a copy of the sponsor’s memo. Since many of the Standing Committees require two sets of this package, it is suggested that three copies of Form No. 63 be obtained for each bill, with one copy being retained on file in the Member’s office.” For Assembly members, Form No. 99 is used for the same purpose. “We have a practice and protocol for moving bills in the senate that we always adhere to,” Flanagan said. “Senator Aubertine has never asked to have a request moved through committee.” While Aubertine is citing political motivation for the failure of the bill to be entertained on the senate floor, one Albany GOP source questioned why Aubertine did not check the status of his priority bills to be sure they were included on the senate calendar. The senate manual states, “It is vital that those involved with keeping track of the legislation pick up a copy of the active bill list prior to session.” Copies of the calendar are available at several locations and are placed on the desk of each senate member daily, preceding session. An Aubertine press release, issued several hours after The Valley News spoke with Mangione, stated, “The senator added that he will also continue pushing for several pieces of home-rule legislation that the Senate Majority has to this point blocked for political reasons. He called on the Senate Republicans to allow his home-rule bills to the floor for a vote.” “They cannot say they’re working for the people of New York when they let their partisan dysfunction get in the way of bills that would benefit our communities in Watertown, Parish, and Granby,” Sen. Aubertine said. “I have made it clear to the majority the importance of these bills and I hope they set party aside and step up to do what is right.” Mangione said Aubertine did file the Form No. 63 so that the bills can be considered in session. Mangione said he could not release the memo, citing confidentiality.

-Valley News

Senator, (or Drew) you can not continue to blame others, use excuses and not accept responsibility. Another common thread here...YMCA, Towns of Granby and Parish along with misccomunications with JCC regarding the timing of submitting their capital budget.

How is this everyone else's fault?