Hamburg has a lot of good things happening and a lot that is being over looked. I figure with only a couple weeks until the election, I would let you tell the Candidates what is important for you.

You know my platform, combine Fire Districts and save 2-3 million a year. End the Recreation Department and cut the budget instantly by 30%, and finally put police seizure money back into the general fund and give further tax cuts because of it. What would you do if you were the final say?

As much as I hate to admit it, their is no good choice of candidates for the Hamburg Town Council this year. Yes, I like many of them personally, but I don’t think any of them give a shit about you or your taxes.

That new web site, The Hamburg Truth or something like it, puts a lot of info out but it is just as biased as I am. I like it and you should read it, but remember, there is an agenda there and it is a Republican agenda. So this is the link, http://www.thehamburgtruth.com

The recent Patti Michalek BS in the Buffalo “Drool” News, leaves out several key issues at hand. The one that no-one is talking about is that she claims she doesn’t pay for medical and dental. The reality is she gets it for free from NYS under her husbands insurance as a NYS Supreme Court Justice. So acting as if she isn’t getting a public benefit is a lie. The rest has already been exposed for more Demon-cratic BS.

Walters continues to give any group, that has a large voting contingent, anything they want. IE- the cops and the volunteer fireman. He doesn’t have the ability to say no these folks in any year, so forget it in an election year. He started off very strong four years ago, but 2 kids later, it is apparent he has decided it is better to try and keep his job instead of doing what is right for the public and cut unnecessary spending in every corner of the budget. He currently has selective cuts that  don’t bite into the cops or fire departments, when they are the recipients of so much financial waste.

The cops have just been given a brand new Harley Davidson Motorcycle that this town doesn’t need. If we need a motorcycle road patrol it is only one phone call away to the Erie County Sheriff’s or NYS Police who both have dozens of these types of road patrols. So say goodbye the the tens of thousands of dollars that motorcycle and training cost up front and the money it is going to cost us to run it each year.

Then he gave the Fire Departments an increase again. Even after they were allowed to draw from the town gasoline supply to decrease their cost. Then on top of that the fuel costs dropped significantly which was their entire argument for more money last year. Walters should have taken at least 4% back from all their budgets but every single one got some kind of increase this year. This little oversight can amount to hundreds of thousands out of your pocket this next year.

Let’s not forget that they just spent tens of thousands on a damn police dog! Why do we need that? I mean, doesn’t the NFTA, DEA, Secret Service, US Marshalls, Customs and Border Patrol, NYS Police, and Erie County Sheriff’s Department all have dogs? Aren’t they all located in Erie County? Isn’t it just one phone call away to get them here for assistance? I guess Walters, Kesner and all the cops are to busy giving residents fines for BS traffic violations to ask for canine assistance from one of the ten other damn law enforcement agencies that have a dog. YES!!! You payed for it AGAIN!, and AGIAN, and AGAIN!!!!! 

So in reality, who is looking out for you? None of them! Don’t believe a word when they say they can and will do it better. Not a single one of them in this race have the balls to really make a difference!

OK, OK, OK, I HAVE TAKEN A DEEP BREATH NOW! IT’s 3 hours later for this UPDATE. Even though I am really, really pissed off at Walters, I still believe he is the better of the three candidates for Supervisor. I truly believe he can be persuaded to come back to the public interest after this election is over. I think that certain RP leaders should be replaced and when that happens things will get better for us tax payers.

I think that Walters has a big heart and is NOT a politician! that is why he is listening to people who aren’t exactly interested in your tax increases but more concerned with party control of our town. If Walters was politically savy he would see what is really happening. I guess when we elect a person new to politics we risk the fact that he can’t always see the political field in front of him.

Stick with Walters, he deserves a second term. Give those of us fighting for real reform a chance to make it happen with someone like Walters who has the potential to actually get the job done. By the way, I haven’t heard a word from anyone asking for me to write this postscript. I just needed to take a breath!

Sorry I haven’t been around in a while. Any way, it seems the race for the Council is starting to get nasty. Just some FYI first. Our three IP candidates lost the primary election in September. I lost by exactly 25 votes, Gary and Franklin lost by slightly more. This happened because the Dems have continued to transfer their members into the IP to control our line in Hamburg. It is next to impossible to fight them at this point. If any of you are interested in real candidates who could care less about petty party politics and want real reform, then you should transfer yourself and any friends or family members into the IP to help us oust the Dems for good.

As far as the remaining candidates and this race, signs are getting stolen from the Republicans all over the place. Latest word is that a few dozen signs have been found in a dumpster at Blockbuster in the Village of Hamburg. Several Gugliuzza signs are missing as well and the Hoak/Sorrentino Dems are being accused of being the culprits. I don’t know of any proof on the accusation but my sources are confident they are orchestrating the thefts. Frankly, I don’t care about any of it because signs don’t vote!

Walters has once again decided to try and keep his job instead of doing it and I’m pissed off about it! Why? Because he has given the Volunteer Fire Companies what ever they want again. Last year they cried that they needed more cash to put fuel in their vehicles and he gave them all a minimum of two percent increases because of it. Now the fuel prices are back to normal and he gives most another increase. This even after they are getting a better fuel cost break by filling their tanks at the town gas pumps.

By the way, why cant we do that? Aren’t these Fire Companies private Corporations after all? That being the case, then why has Walters allowed a private Corporation to use public fuel? The answer is!!!!!!! Because he is terrified of losing this election and having to get a real job again! The guy started off strong four years ago and I really thought he would change things. Reality is he fell in with the wrong crowd in the RP and is being controlled by folks who aren’t any better then Sorrentino and Hoak.

It should be our effort to pull Supervisor Walters back to the folks who believed in him and got him elected. Then he may see what really needs to be done and put forth an effort to consolidate the Volunteer Fire Districts. Don’t even get me started on him having a separate date for the re-vote of the Ice Rink Privatization!

It really doesn’t matter who wins the Ballisimo/Gorman race at this point because that seat is as good as gone! Smardz is as good as gone as well. I truly expect the Dems to win the other two seats in November. The RP candidates just don’t have enough backing to win this election and I sure as hell am not helping those people with the IP. The Dems now hold the IP, WP and DP. The Republicans have only their line and a BS, made up, Tax Payers First line. They should rename it to the Taxpayers Pay First line if you ask me.

The choice between Walters and Michalek is clear. We have to choose Walters even though he needs to change his attitude quick. Remember the Dems gave you 33 years of tax increases, let’s not go back there. Dennis Gaughan still has a shot if you ask me. Everyone loves an underdog!

Last night, Thursday September 3rd, the Council Candidates who have primary elections September 15th met at Immaculata Academy and answered questions. Gary Klumpp, Franklin Cirrincione, and Myself decided to get up on stage and see how it would go.

To be honest, I didn’t want to do it. I was basically convinced to give it a try because I can’t act in a Leadership capacity with the Independence Party and duck these events. So I went. What I found out was it is easy to talk to the public when you know what you are talking about.

Yes I was dramatic, Yes I got aggravated talking about all the waste and unnecessary user fees, but I was able adequately get the word out that your government is out of control.

I heard a lot of very positive things from people afterwards and I was told by a dozen people or so that they were impressed with our platform. My line that “you deserve leadership that believes your money is more valuable in your own pockets”, really hit some nerves. Franklin Cirrincione got a great response with his line ” in government when you screw up you get promoted” received a great response from the crowd.

Gary Klumpp was genuine and I think scored a lot of points for himself. Overcoming his amputation and being a child advocate in the sporting world really helped him. I also heard people say Gorman was uninformed and arrogant, not my words folks, just from people who attended.

Collins was OK but in the end I think I showed just how attached he is to the demon-cratic machine who wants to raise your taxes again. The very Demon-cratic NYS Senators who gave you the largest tax increase in state history and raised your state deficit to its largest level, endorsed Collins, Kowalski, and Gorman for Council. What do really think that means? It means they will do exactly what they are told from the Demon-cratic leadership who wish to raise your taxes once they get control of the council back. Remember, the Dems had control for 33 years and you had 33 straight tax increases.

We were fielded four questions only. Do we support down sizing? I said no, I would not support down sizing the council but I would support a 50% pay cut for all elected officials in Hamburg. Ernie Jewitt stood by his guns and said no as well. All the rest either said yes they would support it or deferred the decision to the public referendum. COWARDS! Take a damn stand!

Next we were asked two questions about the budget and were we could cut or save money. My response was to end some unnecessary user fees. Why should you and I have to pay our town to own a dog or cat? Why should you have to pay to park at a beach that you own and was willed to you long ago? I talked about the immediate savings you would get by consolidating the nine fire districts to four, and I talked about quit using the police department as a taxing authority by allowing them to hand out BS traffic violations and then reducing them to parking violations so the town gets to keep the money.

Gary and Franklin did well. It was hard for them to answer some of the budget issues because they don’t necessarily stand 100% with the consolidation plan I propose. For instance I believe that a parent should support their own kids and quit expecting your neighbors to pay for your kids entertainment. So I said we should create a private recreation authority to take over the Recreation Department. Hell, if it were up to me alone, I would shut the damn department down completely and tell parents to pay for their own kids recreation.

This fell into the question of how we deal with the decrepit Ice facility in our town. And of course I went after the fact that the function of government was never meant to provide recreation to its citizens. So a private authority would allow us to down size government and reduce taxes as well.

I had half a dozen other ideas I wanted to talk about but was cut short. We only had 60 seconds to answer a question and how the hell can someone get into the nuts and bolts of an issue in 60 seconds? I want the NYS Government to start collecting their own taxes. Quit allowing our town tax receivers to collect for the villages and the state. If we do that then these other governments would have to explain to the public just what they are taxing and why. It’s to easy to hide from responsibility and explanations when you have a completely different government collect those taxes for you.

Well, I think I did well and I was told so by almost everyone. Even Ernie Jewitt stopped me and said he really respected my opinion even if he doesn’t share it. He was impressed that I stood and spoke the truth from my heart. The general public was very kind and I shook quite a few hands as I was leaving. I think the public is ready and waiting for my message and it will be well received. Drama be Damned!

OK, here is the latest in the IP saga playing out in court. For those of you who read the Illuzzer letter, don’t pay any attention to his diatribe because he is payed to spew Bull Shit by those who are instigating this fight. Here is the absolute truth and I will attach the links so you can read it all for yourself.

OK, let me try and begin this by saying I have listed all the true proceedings to date. Now this is what happened of late. The Erie County IP filed a lawsuit against the NYS IP challenging the meeting held to change the rules of the NYS IP when they took over endorsements from local control. You know this already.

http://hamburgfirst.wordpress.com/2009/08/06/justice-devlin-local-ip-good-to-go/

When this got in front of Judge Devlin she refused to decide the issue and joined our suit to the case in front of Judge Faroletta claiming it was the same argument. All this went to the 4th Appellate Court in Rochester and was ignored there. The Court declaring that the Appellate Court has historically decided to stay out of inter party politics and their rules.

So when we won the Appeal unanimously the only remaining appeal for the state was the rules issue. Any time the Appellate Division decides unanimously on an issue, the NYS Court of Appeals will not hear the case, at least not  without at least one dissension. So all that was left for the NYS IP was to attack the lack of decision by all the previous courts on the rules issue.

THIS IS VERY IMPORTANT!!! We have no injunction on us! All our candidates stand and are on the ballot! The only issue at hand is the rules issue! Even if the NYS IP actually win this fight it doesn’t effect the County IP this year because a full evidentiary hearing must be held and there isn’t time to do that before the primary elections!

Subpoena’s must be served, evidence gathered, pretrial hearings finished and then a full hearing or trial must take place. In no way can that happen in 20 days. The subpoena’s alone won’t be due back for 20 days after receipt, and by that time the whole matter is moot for this year.

On the bright side, this matter will most likely be decided in our favor because we can prove that everything the State IP has done is completely illegal, against the party rules and against case history. I strongly believe we will win it all now. The State IP should have just let it rest, but they now face losing all authority they currently hold.

So what is all this for? It is a big fight for the NYS Senate seats and Assembly seats next year. The NYS IP leadership all lost their jobs with big NYS Senators last year with the Demon-cratic take over of the Senate. Frank McKay & his wife, Tom Connolly, Bill Bogart all were out of work.

Luckily for them Mayor Bloomberg hired all of them into one of his non-profits at the exact same salary they were making in their jobs with Republican Senators. So all this legal stuff is being financed by the Billionaire Bloomberg and Tom Golosano( also republican).

These people are terrified that the Erie County IP will run one of its own members against Stachowski and win next year. If that happens, then we have the controlling vote over the entire state. Imagine that!

So ignore Illuzzer, he is payed by all these ass holes to lie to you. The only thing being sent back to the 4th Appellate Division is for the issue of the rules and has nothing to do with the candidates this year. So in the end we both win. The NYS IP wins because they keep the BS rolling and we win because we get to have the rules issue heard after all.

http://www.nycourts.gov/ctapps/decisions/2009/aug09/182opn.pdf

That’s right folks,  a Hamburg Cop who helped the Chosen few Motorcycle Club Members, who are charged with committing Fire Bombings, Racketeering, and other charges, will be allowed to collect her $40K retirement after she gave confidential police information to that Club.

Confidential Police sources have confirmed that Detective Laurie Staley-Stone used her Hamburg Police laptop computer to funnel mugshots, biographical data and other information to the Chosen Few prior to the murder of a Kingsman Member. I am also told that during the FBI raid of the Chosen Few Clubhouse, the FBI found the mugshots pinned to the walls of the place. However since I was not part of the raid I can only take the word of my Confidential Informant.

Now this scumbag cop is being allowed to plead in Federal Court to only a misdemeanor. Ahhhhh anyone know who’s Federal Prosecutor’s office was involved in this case? Yea, that’s right, Billy Hochul! Anyone remember his wife served as Demon-cratic Hamburg Councilwoman for quite a long time. In fact, Kathy Hochul was the predominant Town Council Member when Detective Stone was promoted. I wonder just how much protection this cop is getting from the Demon-crats who hired her 20 years ago?

I was told all this info before the story ever broke in the news weeks ago, but decided to keep it quiet because I didn’t want to hurt the reputation of a 20 year Hamburg Police Detective if it was only a false rumor. However it has become just another Demon-cratic example of what they represent. Even when a member of their Police Department is up to her ass in illegal activities involving bombing, Racketeering, and possibly even murder, they will not charge her as an accessory before the fact, as it should be.

I am so disgusted with this.

http://www.buffalonews.com/cityregion/story/770242.html

FYI,

Detective Stone has made plenty of political contributions to the Demon-cratic party over the last few years. Here are a few of her donations.

Bob Reynolds- $189  from 2008-2009

Lackawanna Demon-cratic Party – $150 from 2008-2009

That is all the NYS website has on electronic files, finding out further info requires going down to the BOE and sifting through loads of paper filings. I wonder just how much she donated the year she was promoted to Detective?

Posted With Permission

By Guest Writer, Brandy S. Reyes

http://ddoreality.blogspot.com

When is it something a Conspiracy Theory? And conversely; when is it a Consideration of Reason; in which outcomes and/or circumstances leading to real events are speculated in order to arrive at a reasonable scenario, in the temporary lieu of facts, …until the entire consideration is proved as a fact itself? We all know that authorities solve … Read Morecrimes by the (sheer,at times) use of speculation; in order to arrive to the solution of a case, aka investigative process. It is not only the suspension of disbelief what enables an investigator to pinpoint reasons to suspect or to rule out known facts: It is the adoption of an open mind and the readiness to accept ANY possible outcome what facilitates their judiciousness. In doing so, honest people cannot indulge in the mocking of propositions that are within the actual realm of possibility: They must learn to detach themselves from the issues at hand, and to see over their own preferences, as to better provide the best impartial assessment.

Yet all individuals pursuing clarity, transparency and closure on the issues that have been raised upon the very record of facts involving Mr. Obama’s eligibility, or possible (and likely, as of now) lack thereof, in their rightful quest for tru…th, have been accused of pursuing “Conspiracy Theories”; merely for raising pertinent questions:
Is Mr… Read More. Obama an American citizen? Quite probably, yes.
Is he a natural born citizen? There is absolutely no proof of that, other than the word of Hawaiian officials, including its governor. NOTE that these assertions were NOT made under oath, and that ANYONE can face the camera and utter into a microphone the most insincere lies: Bill Clinton looked to us in the eye and said “I did not have sex with that woman (in reference to Ms. Monica Lewinsky)
Was he born in Hawaii? We don’t know for sure. A birth certification states he was, yet suspiciously enough, Mr. Obama is legally preventing the disclosure of proof to further support it.

More pertinent even are these still unanswered matters:
Has Mr. Obama ever had another citizenship? British/Kenyan citizenship, at birth, via his father. It is suspected he has or had Indonesian citizenship, via his adoptive father; Lolo Soetoro.
Is… his allegiance to our country undivided? We do not know.
Did he renounce to any other citizenship he might have had? We do not know.
Was he vetted properly by the Illinois Democratic Party? Apparently, not at all…. Read More
Has congress declared him a natural born citizen, as they did with McCain regarding his birth to two American citizens in the Panama Canal zone? Not yet, but they are working on it; EVEN AS THEY DO NOT HAVE ALL FACTS AT HAND REGARDING OBAMA’S ELIGIBILITY.
Does the 14th Amendment provide Mr. Obama with statutory natural born citizenship? NOT for Constitutional purposes, such as eligibility to the Presidency of the United States. Please be advised on the following facts:

‘The State Department asserts that “the fact that someone is a natural born citizen pursuant to a statute does not necessarily imply that he or she is such a citizen for Constitutional purposes.” This position seems to be at odds with …the fact that Congress in 1790 felt it could confer natural born citizenship on those born abroad to American … Read Moreparents. Ultimately, it will take a Supreme Court decision to settle the matter once an American citizen born abroad runs for and wins the presidency.’ (Wikipedia)
The requirements for said eligibility can be seen here:
http://www.state.gov/documents/organization/86757.pdf
Out of which it is pertinent to point out that:
a. It has never been determined definitively by a court whether a person who acquired U.S. citizenship by birth abroad to U.S. citizens is a natural- born citizen within the meaning of Article II of the Constitution and, therefore, eligible for the Presidency; b. Section 1, Article II, of the Constitution states, in relevant part that “No Person except a natural born Citizen…shall be eligible for the Office of President;”
c. The Constitution does not define “natural born”. The “Act to e…stablish an Uniform Rule of Naturalization… Read More”, enacted March 26, 1790, (1 Stat. 103,104) provided that, “…the children of citizens of the United States, that may be born … out of the limits of the United States, shall be considered as natural born citizens: Provided that the right of citizenship shall not descend to persons whose fathers have never been resident in the United States.”
d. This statute is NO LONGER operative, however, and its formula is NOT included in modern nationality statutes. In any event, the fact that someone is a natural born citizen pursuant to a statute DOES NOT necessarily imply that he or she is such a citizen for CONSTITUTIONAL PURPOSES.

All past presidents complied with, or were protected (as J. Buchanan’s father, who moved to America in 1783, and benefited from Peace treaties and ratification of our Constitution by England in 1788) by the “Grandfather Clause” of; the… Article II, Section 1 of the Constitution.
W. Wilson and H. Hoover had mothers who benefited from the … Read MoreCongressional Act of February 1855, which stated, “(A)ny woman who might lawfully be naturalized under existing laws, married, or shall be married to a citizen of the United States, shall be deemed and taken to be a citizen.” [Act of February 10, 1855, 10 Stat. 604, section 2], in vigour until 1922.
Chester Arthur; however, is a very sad chapter in our history indeed: He lied his way to the Oval Office, in an era in which facts were far easier to mould into lies. Deceivers CANNOT be precedents to follow.

Has the Supreme Court ever ruled, or at least clarified, upon who is and is not a natural born citizen? Only clarified by obiter dictum, (a non-binding, non-dispositive legal commentary) as in Minor v. Happersett (1874) 21 Wall. 162, 166-168. : &quo…t;The Constitution does not, in words, say who shall be natural-born citizens. Resort must be had … Read Moreelsewhere to ascertain that. At common law, with the nomenclature of which the framers of the constitution were familiar, it was never doubted that all children born in a country, of parents who were its citizens, became themselves, upon their birth, citizens also. These were natives or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further, and include as citizens children born within the jurisdiction, without reference to the citizenship of their parents. As to this class there have been doubts, but never as to the first. For the purposes of this case, it is not necessary to solve these doubts It is sufficient, for everything we have now to consider, that all children, born of citizen parents within the jurisdiction, are themselves citizens.”
This test was affirmed in United States v. Wong Kim Ark, 169 U. S. 649, 18 S.Ct. 456, 42… L.Ed. 890 (1898).
Article II of the Constitution provides that “[n]o person except a natural born … Read MoreCitizen, or a Citizen of the United States, at the time of the Adoption of this Constitution shall be eligible to the Office of President . . . .” From the Minor decision, we learn who the Framers placed in the second category as being eligible to be President. These were the “original citizens,” those who were members of and who gave their allegiance to the revolutionary cause that produced the new nation. The Framers grandfathered these individuals to be eligible to be President. There cannot be any doubt that even children who were born on U.S. soil fell into this category simply because they were the first generation of citizens.

With the passing of time, no one would be able to benefit from the grandfather clause and then would have to be “natural born Citizens” to be eligible to be President. We learn that “all children born in the country of parents who wer…e its citizens… ” make up the “natural born Citizen… Read More” category. The Court says that there have never been any doubts as to the status of these children. As to children born in the U.S. to parents who were not U.S. citizens at the time of their birth, there have been doubts. In other words, “natural born Citizen” under this formulation requires two generations of U.S. citizens, one generation in the parents and the other in the child himself/herself who also must be born on U.S. soil. It is important to understand that we are focusing on what is a “natural born Citizen” under Article II which specifies the requirements to be President and not on what a “Citizen” is under the 14th Amendment or under some Congressional Act which does not relate to the Article II of our Constitution regarding natural born Citizenship.
Obama, while having his mother’s U.S. citizenship generation, is missing that of his father’s, for his father was a British subject/citizen at the time of his birth…. He therefore cannot be a “natural born Citizen,” even if the presumptive president was born in Hawaii. … Read MoreWhich he; by the way, is not ready, willing nor able to prove in court and under oath; with anything other than a prima facie piece of evidence and two newspapers clippings from Hawaiian newspapers of the era, which announce his birth, yet all of these combined are not probative of where the birth took place. It is up to you; the people of the United States, to ascertain if all of this is a Conspiracy Theory, or a Consideration of reason and of purely legal questions. Once you ponder all of these facts; it is important to voice your opinions, without which the Supreme Court will likely do nothing to stop this travesty.

Thanks to Homar Marchebout for this detailed, fact based explanation about Obama’s ability to even be president based on the American Constitution.
http://fortheconstitution.com/index.php/blog/show/“PRESIDENT%3F”-CHESTER-ARTHUR-et-al—WHY-THEY-AREN’T-PRECEDENT-FOR-OBAMA’S-ELIGIBILITY.html

Why are people so willing to overlook this?

The much awaited decision of the NYS Appellate Court in Rochester came down today at 5pm. Three lawsuits and 3 appeals came to a head today in front of a panel of five judges in Rochester.

The day began with an alarm clock ringing at 6am and a cold shower to wake me up. I was completely miserable today because I expected the worst. Rarely does right over trump wrong in court, and I knew that powerful billionaires were making short work of all the County Independence Party Leadership’s hard work lately.

A quick stop at Chairwoman Rosenswie’s house to pick her up and off we went. An hour and a half later we were walking into another weary courtroom to continue this damn saga in search of truth, justice and the American way.  Four Appeals were on the docket, three for us and another from somewhere else in NYS, all fighting over politics and endorsements.

Our First argument heard by the panel was about Lynn Dixon challenging our endorsement of Robert Reynolds in Erie County Legislative Race, District Twelve. Lynn wanted Reynolds thrown off the line by claiming we didn’t have any right to endorse him.

Next was a challenge by some Independence Party Members in Amherst challenging the State Independence Party’s Wilson-Pakulas of their slate of candidates. Our members claiming that the state improperly filed the paperwork and thus the states endorsements were invalid and 100+ NYS IP Endorsed candidates should be taken off the ballot.

The third argument was about the Feroletta decision and injunction on the Erie County IP, stopping us from filing any further endorsements and prohibiting our County IP from acting in an official capacity. Also the State filed a cross appeal trying to keep all our local Erie County IP endorsed candidates off the ballot.

In the first case the Court found that the County IP has every right to file endorsements and Lynn Dixon’s petition is dismissed based on standing. This decision is simply upholding the Dian Devlin decision of the same. We expected that one.

http://www.nycourts.gov/ad4/court/Decisions/2009/08-19-09/PDF/0969.pdf

Next, the second case was dismissed and the states candidates remain on the ballot. The reasons were not discussed and the merits not determined. The court simply said that the technicality wasn’t sufficient to throw 100+ people off the ballot.

http://www.nycourts.gov/ad4/court/Decisions/2009/08-19-09/PDF/0967.pdf

The third and biggest decision, that I was almost sick over in anticipation, was that we the Erie County Independence Party have all the rights and privileges as a duly elected body as set fourth by our party members and any and all injunctions were lifted and null and void. We were given all the authority to proceed as a party without interference.

http://www.nycourts.gov/ad4/court/Decisions/2009/08-19-09/PDF/0970.pdf

In effect, as I have been saying all along! WE WIN!  WE WIN!  WE WIN!!!!!

To the best of my knowledge the Appellate Court has not decided on the rules of the State IP and if they were improperly manipulated to give them authority they don’t have. I am not sure if that decision is yet to come. If it is yet to come, then it is possible that all the NYS IP Endorsements can still be tossed off the ballot for September. Meaning in short, no primaries.

Never-the-less, the Erie County IP is in full control and all our endorsements will stand for this year and beyond.

Side note: I want to thank all those who supported us and those who came to our first very successful fundraiser. We took in a lot of money that I am told is enough to secure us a line of credit of 100K, to open an official IP office here in Erie County. We are currently shopping for furniture and computers to bring us online.

I am also informed that we will be holding another more impressive fundraiser soon, to gain the necessary funds to pay off our legal council and secure some leeway for our party’s future. None of this money has gone into the pockets of any party member and it is being used for Independence Party matters only.

We certainly thank our loyal supporters and look forward to those who wish to join the new-free Erie County Independence Party at our up coming fundraiser. We always remember who our freinds are and our doors are currently open to those who wish to mend fences.

Thanks again to all who supported us and we will see you in the trenches!

Nothing new to really report. It has been lazy days the last week or two. The Independence Party lawsuit garbage is due to be heard by the NYS Appellate Board on Wednesday the 19th of August in Rochester. Both sides expect to win and I am taking the position that it would crazy for any court to remove a hundred candidates from the ballot.

We should win the first argument by default because the service of the lawsuit was so messed up by the State IP Leadership that the argument shouldn’t even be considered. I plan to speak and tell the Judges that fair play should be the name of the game here.

I am hoping to tell them that two years ago i was the plaintiff in the case of Beckwith, Corrigan vs Paul Clark to control the IP endorsement. Our lawyers had the exact same problem as the State IP Leadership does this year. Two years ago we filed at the last minute and two respondents couldn’t be served until the last day. The first judge let it ride and didn’t hold it against us, so we won in his court and Paul Clark was originally thrown off the line.

Then the Appellate Division overturned the decision because of bad service. The same scenario is in plat here only the bad service is the other sides problem. I think that we should win simply on that fact and I plan to explain to the judges that if they held it against me two years ago the should find in my favor this time. Just plain “what comes around, goes around”.

Walters is on the IP line for a primary against Dennis Gaughan as we stand today. That could change at any moment if Judge Devlin rules on our lawsuit that we filed last week challenging the way the state did their endorsements. All explained in earlier articles.

Side notes are: I expect the real Independence Party Members to hold our line in the primary if their is one. I should certainly take out Gorman. just the nepotism issue is a killer for him. Klump and Cirrincione are strong candidates with a lot of people who know them in our party. We should be fine. Not to mention the RP wants the Dems off our line so they will be driving the IP vote out all day.

I expect at least 30 people into the streets on primary day getting people out of their houses to vote and as a reform candidates we expect to win most of those votes.

Tom Best is off the IP line this year. He never filed an acceptance as required by law. Everyone is to blame for that fiasco. Our County IP Secretary, Robert Vacanti, is responsible for mailing all the candidates their notifications of authorizations ( Wilson-Pakulas) and he was supposed to also send them the acceptance letters.

The Conservative Party Chairman Ray Pawlowski never followed up on the matter and Tom Best ignored the notification from the Board of Elections telling him to file them. I didn’t think i would need to hold so many peoples hand to get this done but now I know better and will have to take charge of other peoples jobs next year.

 So tom is done on our line. Not that he needed it, no-one is running against him. We could, however file a candidate against him if we wish to using the committee to fill vacancies clause in the law. I have no intention to do that but I wouldn’t put it past the State IP to do it for no other reason than to start a new fight in the town.

Well that is all the new info, I’ll post as things happen.

“Days of our lives”, “All my children”, and “One life to live” have nothing on our State and Local Independence Party!   Man O’ Man, the hits just keep coming. Next up on our local soap opera is Judge Diane Devlin declaring the leadership of Erie County Independence Party has the right and authority to make candidate endorsements and file Wilson-Pakula Authorizations for non-party members to run on our line. We win Again!This decision trumps Judge Feroletta’s decision earlier. I know-I REALLY KNOW, you are all asking yourselves, “WHAT THE HELL?”

Yes I would be confused as well, and I kept this latest court action a secret for some very good political reasons. So to bring you all up to speed, here is what happened.

After those of us on the County IP Executive Board made our endorsements we were, obviously, served a lawsuit by the State IP Leadership. You all know that story already and if you don’t just look back a few stories and the particulars are there.

Well, after we were served, we decided that it was time to really piss off the State IP Leadership and make them spend thousands more trying to defeat a second round of endorsements. This round included Bob Reynolds and I think Dan Kozub. The only reason we did this was to piss off the big state Republicans, Like Bloomberg and Tom Golisano, who were backing the original effort in court against us.  

Because the original lawsuit didn’t include these new names the State IP Leadership had to re-file again in court and re-argue the same case. Only this time, it went in front of a judge who took the time to hear detailed arguments before making an informed decision.

The decision is simply that the local IP has the authority to make endorsements and file those Wilson-Pakula’s. She also declared that the State IP has the same authority and therefore there will be primaries on the IP line all over Erie County.

This victory now trumps Faroletta’s decision, because in the legal world the latest decisions always stand as the law. Well don’t jump for joy just yet my little minions! This whole issue is set to be heard in the next week or two in the Rochester Appellate Court. Who the hell knows what will happen there, but regardless, I expect it to proceed all the way to the NYS Court of Appeals in Albany, the Highest Court in NYS.

Now here is a little secret, Psssssssst……. don’t tell anyone OK? I mean it, you have to keep it to yourself or I could get into trouble for telling you!

Last week the Erie County IP served our first lawsuit on the State IP!  HA, HA, HA, take that you SOB’S! ( all said while standing in my “proverbial” white knights outfit with sword at the ready, LOL!) We are now challenging the State IP’s, so called, new rule declaring themselves the right to file endorsements in any county with more than 750,000 people in it.

The basis of the suit is on several levels, starting with the fact that the State Leadership violated their own rules by calling a meeting out of the normal meeting schedule of the State Party Rules. The IP State Rules specifically say the time frame in which these meetings must be called, and the notice in which each member must be given before said meeting can take place.

The Leadership of the State IP violated both those clauses and therefore the meeting was illegal. Second the State IP Rules specifically say that any endorsements made by them must be made by a legal quorum of all the duly elected State IP Committee Members. All the subsequent endorsements were made by a secret meeting of just the State IP Executive Board.

They didn’t call a full committee membership meeting because they had usurped so much authority, from so many big counties, that had they had a quorum, the leadership themselves could have been removed by majority vote and believe me it was going to happen.

So the State IP Leadership is acting in an illegal manner according to our party rules. Not to mention the fact that the only case the State Leadership can fall onto is one pertaining to the Working Families Party. The difference is that the WFP rules are very specific and use explicit language regarding who makes what endorsement. The WFP also doesn’t have a duly elected county committee that meets the NYS law definition of a Constituted County Committee.

The IP however does have a lawfully elected Constituted Committee, and our state party rules do not contain any explicit language giving the state any such authority to take authorizations away from the constituted counties. This was the firm basis that Judge Devlin sided with us on.

So the saga continues and nothing will be final until a week or so before the Primary elections I’m sure. It all reminds me of the “Fantasy Island Jingle”, FUN……. WOW!!!!!!!!