Kimbiz/Kazmin Update

So Brian Kimbiz has (temporarily) abandoned his seat on the Village Board. He has allegedly been accepted into a 3-month Americorps program in Nevada. Kimbiz has refused to answer any questions related to this situation, so I've been left with no choice but to make inferences based on the information I have been able to verify. I welcome any clarification from any of the outgoing or incoming Board Members, including Kimbiz, despite their failure to respond to any communications on this matter thus far.

Unanswered Questions
 
In this week's New Paltz Times, and via email on May 20, the letter below was sent to all outgoing and incoming Village Board Members. We received only one response, from Trustee Feldman, indicating that he had no awareness of the Kimbiz rendezvous until reading about it here at Legislative Barbie last week.

We are writing in reference to Trustee Kimbiz' announcement of his extended absence from the Village Board. We are seeking answers to the following questions, and appreciate your consideration and prompt response.

1. When did Trustee Kimbiz apply to the Americorps program and when was he notified of his acceptance? There were rumors about his "leaving the board" as early as March, so it seems likely that some of this information was available well before the community was informed.

2. Who did Trustee Kimbiz notify of his intentions and in what forum? Were the current or incoming Trustees made aware of this situation and, if so, when?

3. What was the response to Trustee Kimbiz' notification? Was he granted any official or unofficial leave of absence from the Board? If so, on what basis was this decision made and who made it? Was the Village's Attorney consulted about Trustee Kimbiz' plans?

4. What is the justification for this extended absence, instead of a simple resignation? In addition to at least six meetings Trustee Kimbiz will be missing in June, July and August, Trustee Kimbiz will also be missing both May meetings, for a total of at least eight missed meetings. This only accounts for regularly scheduled meeting, and does not include the likely possibility of also missing special meetings. This is compounded by any missed committee liaison assignments; these committees will either be neglected entirely for more than a quarter of the year, or that work will be spread among the four remaining officials, which seems unfair and irresponsible. Missing four months of duties, especially during a time of transition, seems unjust and inappropriate.

Given all of the above, and the further fact that Trustee Kimbiz has not been a regular attendee at his committee assignments over the course of the last year, vacating his office would appear to be the course of action that would best serve the public interest. He would certainly be eligible to run in a special election in May of next year if he wished to resume his public service.

Thank you,

Pete Healey - phealey3@gmail.com - 845-399-3288
Brittany Turner - turner.brittany@gmail.com - 916-384-6735

We also received a "response" from Mayor Dungan at last night's Village Board meeting, indicating that he was unaware of the situation until the May 11 Village Board meeting that Kimbiz didn't attend. Mayor Dungan suggested that even Kimbiz did not know about this until the very last minute, but we have found evidence that suggests otherwise. Each of the sitting Trustees have issues with telling the truth (one need look no further than Mayor Dungan's claim in this week's New Paltz Times that Kimbiz received over 900 votes to see that), so the lack of response followed by a response that doesn't fit with all of the other information should definitely be met with a certain level of skepticism.

While Kimbiz has announced that he will be continuing to respond to Village business via email, it's been 5 days since he received the email and we still have no response. Perhaps he's only responding to what/who he wants to respond to. No idea. Regardless, we've also been able to uncover some inconsistencies and identify some new options with ways to proceed.

Misinformation?

Some of the information disclosed at this point just doesn't add up. For example, Kimbiz allegedly called incoming Mayor West from the airport on his way to Nevada. However, according to Facebook,  Kimbiz appears to have driven out to his new job.

While this inconsistency is relatively minor, there are others that are more intriguing. For example, this Facebook screenshot suggests that Kimbiz was aware of his acceptance into the Americorps program as early as February 17, which is extremely inconsistent with the early rumors regarding his departure for position in California and Mayor Dungan's assertion that the entire thing was very last minute.

I spoke with Americorps directly, to get some more information about the specific program and Kimbiz' relationship to it. According to them, after looking up his record in their database:

1. Kimbiz has only applied for two programs: the 2011 Summer Veterans Green Corps in Nevada, which runs from May 16 through August 11 (applications accepted January 10 through April 24), and the Americorps Northwest Service Academy, which runs from mid-May through the end of October, in the Pacific Northwest (including California).
2. According to their database and records, Kimbiz has not been officially selected for either program. His application to the Summer Veterans Green Corps has been submitted, but no action has been taken. His application to the Northwest Service Academy is "under review." They explained that it is virtually impossible for an individual to be currently serving in an Americorps program without this being reflected in the record, as it is updated at each phase of the process.

What does this tell us?

1. Kimbiz may not be working for Americorps at all. The individual I spoke to was adamant in his assertion that it is simply impossible for an individual to be working for Americorps without the application status, candidate acceptance, and/or placement being reflected in the database. None of this information appears in the Kimbiz record.
2. Despite the dozens of similar programs available in New York, Kimbiz chose to apply for only two programs that are clear across the country.
3. Kimbiz lied about the start/end dates of the Nevada program. While his past communications with others have described the program as June through August, the program began in May, and his absence at the last two Village Board meetings would be consistent with that timeline. Given this, it is impossible to identify his return date with any certainty, and his inability to respond to inquiries provides no additional information.
4. The original rumors regarding Kimbiz' departure suggested he and girlfriend/Village Clerk Amanda Erickson would be moving to California. These rumors are supported by the other program that he applied for, which instead of being a summer-only program, extends through the fall, keeping Kimbiz out of New Paltz for at least six months. By applying, Kimbiz was prepared and willing to abandon his post for six months, rather than the four (or three, according to him) that he is currently skipping.
5. Assuming Kimbiz is actually where he says he is and that Americorps is having an error with their database, he will be missing at least six additional regularly scheduled Village Board meetings, and has an additional two absences in May. These absences do not include special meetings, of which there are already two scheduled (May 31 and June 1), as well as his liaison obligations and other responsibilities, which he has never regularly participated in even while present in New Paltz.

Moving Forward


Despite the assertions of the outgoing and incoming Boards that nothing can be done, I've identified at least three existing legal options that can be taking against Kimbiz by either Board and/or residents of the Village of New Paltz.

1. Article 78. The NYS Civil Practice Law allows for proceedings under Article 78, which basically compels a public officer or governing body to follow the obligations as outlined by law. These include actions related to arbitrary, capricious, and unreasonable conduct by these entities and individuals. Initiating an Article 78 proceeding, if decided favorably, would compel Kimbiz to return to New Paltz in order to fulfill the obligations of his position. This action may be initiated by either the Village, a sitting Board Member, or a Village resident.
2. Official Misconduct. Section 195 of the NYS Penal Law discusses the crime of Official Misconduct, which is two-fold. A public officer may intentionally act illegally or, as is particularly relevant in this case, "knowingly refrai[n] from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office." It seems like attendance at meetings, and therefore the ability to represent the voters and make decisions on village business, would certainly fall under this expectation. A criminal act, Official Misconduct should be initiated by the Village of New Paltz, and is classified as a Class A Misdemeanor, which would result in a criminal record, possible fines up to $1,000, and a possible maximum jail term of 1 year. For comparison, other Class A misdemeanors include certain types of assault, stalking, sexual abuse, unlawful imprisonment, identity theft, arson, and criminal possession of controlled substances and weapons. This is no joke.
3. Application to Declare Vacancy. The third, and perhaps most preferable option, is outlined under Section 36 of the Public Officers Law, which discusses the procedure of removing a local public official through an application to the court on the basis of "any misconduct, maladministration, malfeasance or malversation in office." Under Section 30 of this law, it outlines the criteria for vacancy, including item G, "the judgment of a court, declaring . . . . that his office is forfeited or vacant." This action certainly could've been commenced against Trustee Gallucci with her 56% attendance, Trustee Osborn with her 35% attendance, and arguably Feldman to his refusal to formally resign from the Board in 2011, but they are no longer in office. As of May 11, Kimbiz has had a 79% attendance rate of Village Board meetings (Committee Liaison activities are near 0%), and with his absence expected for at least nine additional meetings beginning yesterday, May 25, his numbers will closely resemble the other two no-shows by the end of summer. There is precedent for removal on the basis of absence, as outlined in Williams v. Travis, where Fire Commissioner Travis was removed from office due to his significant absence from meetings and lack of participation. If the seat were declared vacant by the court, the Mayor would be permitted to appoint a new Trustee to the vacant seat, with a special election held for a replacement in May 2012. This action may be initiated by ANY Village resident.

Given the serious ramifications of Kimbiz' actions, and the potentially severe consequences of his disregard for the position of Trustee and the community at large, the final and most prudent option is the IMMEDIATE RESIGNATION OF TRUSTEE KIMBIZ.

While both the outgoing and incoming Village Boards have suggested that they cannot take any action in this matter, the law shows otherwise. Their failure to hold their colleagues to this standard is not a matter of inability, but rather unwillingness to remove Kimbiz from office. If neither Board is prepared to take action on the matter, Pete Healey and I are fully prepared to initiate an application to vacate this seat under the Public Officers Law. If you are interested in joining the application as a petitioner to remove Kimbiz from office, please feel free to contact us for additional information.

UPDATE, 5/27/11: Via text message last night, Jason West stated, "Interesting blog post. Once in office i will ask our attorney specifically about the options you laid out. Was not aware of those options, nor was the attorney i spoke to apparently. Didnt realize you wanted a response from incoming board members - must have read email too fast."

What are they thinking?!

So, Brian Kimbiz/Kazmin has decided to take an extended vacation (see also: newer and more betterer job than the one he was elected to). He'll be missing at least 7 meetings, but will supposedly be available via email (I'm still waiting for responses on some long overdue emails, and apparently the New Paltz Times is, as well). You can read about it here and here and here.

He's decided he won't accept his salary while he's gone (aww, thanks!), but I'm wondering why he and others have been accepting their salaries while they were actually here?! I've talked about Village Board attendance in the past (if you want to see the previous posts, check out Committed Volunteers and Come Out, Come Out, Wherever You Are! In addition, Brian Kimbiz/Kazmin wasn't even technically elected, which you can read about at Ulster County Board of Elections: Shady or just stupid?).

(Click on the image for larger versions, which will open in a new window)

Think about that for a little bit. I'll be back to discuss in greater detail tonight.

Just In: Patrick O'Donnell to Resign from Village Board

Well, not JUST in, but I was busy baking.

Patrick O(apostrophe broke again god damn when is my student loan money coming in so I can get a new laptop!!!)Donnell is resigning from the Village Board, at some point in the near future.

Why?

He has a work commitment that would prevent him from attending meetings regularly. He can only guarantee that he(apostrophe grr)ll be able to attend 50% of meetings, at best, and feels it is only fair to step down.

Sad to see you go, Patrick, but you(!!!)re doing the right thing.

Think Shari and Jean will follow his lead? Doubtful, but a gal can hope. We will probably end up with one of those dopes as Deputy Mayor now.

In light of the recent developments regarding Kassarole(...)s shady election to the VB, it seems only fair that Pete Healey be appointed to fill out the remainder of the term. God knows it would be HILARIOUSLY AWESOME.

More on this soon...

Ulster County Board of Elections: Shady or Stupid?

Ulster County Board of Elections Commissioners Kathy Mihm and Tom Turco are slated for reappointment at the June 15 Ulster County Legislature Meeting. Unfortunately, I have grave concerns as to whether they're actually up for the job.

There were a series of inconsistencies surrounding the May 5, 2009 Village of New Paltz elections, as outlined below. These inconsistencies were not merely accidents or oversights; they appear to be flagrant violations of the Election Law, enacted by the very individuals who should know right from wrong better than anyone.

For those who are unfamiliar with the situation, the May 5, 2009 election was run by the Village of New Paltz, rather than by the County Board of Elections, which handles many municipal elections across New York State. It was for two Trustee seats on the Village Board. Petitions were submitted on behalf of three candidates: Pete Healey, an incumbent who had won a special election for a one-year term the year previous, Patrick O’Donnell and Brian Kimbiz. If you read the blog, this should be at least somewhat familiar; Legislative Barbie has affectionately referred to Kimbiz in the past (aka Kazmin aka Kaztard aka...).

Healey and O’Donnell were both accepted onto the ballot; Kimbiz was disqualified from a spot on the ballot after his petitions were challenged by Vici Danskin, a decision made by the Ulster County Board of Elections (UCBOE). His petitions were disqualified on a number of violations, including invalid signatures, incorrect or absent dates and details, and his status as a voter registered in Islip, NY. According to Pete Healey, "I never liked the idea of petitions being challenged; anybody and everybody should have the right to campaign, and these petitioning rules aren't made to be fair or democratic. They're made to be unfair and exclusive. So when I heard his petitions had been rejected, I called the Board of Elections to find out why. When I got the answer, I called him. I suggested to him that he could do many things in response to that, including launching a write-in candidacy. When he did that, I went out of my way to make certain that he was included in the only public forum for the candidates. He never returned the call or reached out to me, he didn't show up to the forum, and he didn't seem to have any public campaign at all. I didn't think he was serious. When he petitioned to be a candidate for Village Trustee, he was a registered voter in Islip."

Kimbiz' failure to attend the forum wasn't a fluke. He also nearly skipped a local Green Party candidate interview, arriving 30 minutes late after repeated telephone calls from interview organizers, and has had lousy attendance at Village Board Meetings since his "victory." Some have questioned why Healey did not campaign harder, and whether he felt betrayed by Kimbiz' campaign seemingly targeting Healey after all his help. "Quietly, he joined with some disgruntled landlords, including his own, apparently, to launch this stealth campaign, when he didn't even know how many Village Trustees actually serve on the Board. It's not betrayal; I didn't think he was serious then, and now, after a year in office, it's clear he hasn't taken it seriously," said Healey.

The final canvass conducted by the Election Inspectors on May 5, 2009 reflected a victory for O’Donnell with 95 votes and Healey with 94 votes. Kimbiz received 91 votes and small numbers of votes were recorded for 6 additional write-in candidates. Kimbiz and Village Clerk Kelly Stengel requested a recanvass by the Ulster County Board of Elections.

On May 7, 2009 the UCBOE Commissioners conducted a recanvass of the results. The Commissioners found errors in the counting of write-in votes on the machine paper and of Absentee Ballots, in which three uncounted eligible ballots were discovered. This led to a gain of three additional votes for O’Donnell and Kimbiz. The corrected totals were O’Donnell with 98 votes, Healey remaining at 94 votes and Kimbiz at 94 votes. In addition, the UCBOE Commissioners overruled the decision of Election Inspectors to discount a vote for “Brian Kazmin.” The Commissioners credited this vote to Kimbiz, leading to his victory over Healey by one vote. Healey was not present, as he was working, and O'Donnell requested an additional count to confirm these recanvass results, but was denied by the Commissioners.

Had this been an issue of counting, there wouldn't be much to say right now. But it isn't about the election, or the outcome of the election. It's about the law and the responsibilities of those appointed to uphold, interpret and implement that law. The same can be said for sour grapes. Healey intentionally waited before beginning to investigate the outcome of the election, essentially waiving his 30-day grace period to challenge the final totals in court (but not to initiate an Article 78 proceeding; that option was waived for him by multiple levels of government dragging their feet and playing games). Healey's initial inquiry to the Village Clerk was submitted the first week of July. "The new village clerk (the one who supervised the election in May quit three weeks later, and a new person took over) delayed me seeing the machine paper rolls until the first of September, because she didn't 'understand' my requests for information on the election. As soon as I saw the bogus vote that was counted for Kimbiz, I contacted the Ulster County Board of Elections immediately, but was put off due to the upcoming Primary. I contacted them again after the Primary, and was told to wait until after the General Election. They stonewalled me for several months, tried bouncing me back to the Village, and the NYS Board of Elections delayed my requests for an additional few weeks. I was finally able to collect the information and meet with the UCBOE Commissioners in February of 2010. I've been bounced around between the three for nearly a year, and it continues to this day."

"In the end, it was the reporting of the changes that the Commissioners made in the recanvass that was the problem all along. No one, not the clerk nor the commissioners and not the media, ever said that the Commissioners changed a voted that had been disqualified on election night into the vote that won the election for Kimbiz, or should I say 'Kazmin.' The law states that they are required to file a report on any and all changes they make, and they didn't do it. That's why I'm pursuing this matter. It's because they didn't do their job, and they assumed powers that the law doesn't give them."

That's not all. A detailed 10-page report has been compiled, outlining the various violations occurring at all levels during the course of this election, and the references to relevant portions of the law, court opinions and media coverage. The report has been submitted to the Ulster County Governmental Services, Environmental and Administrative Committee, which has oversight of the Board of Elections. This report will also be provided to anyone requesting it through Legislative Barbie.

Sections of the report include:

1. UCBOE Commissioners empowering themselves with the ability to change votes upon recanvass, which is expressly prohibited in the law.

2. The failure of the Election Inspectors, Village Clerk and UCBOE Commissioners to count valid write-in votes (hint: does Lorin Rotzler = Rebecca Rotzler? We didn't think so, either.)

3. Flaws with "reasonable intent" and "past practice," the stated justification given by UCBOE Commissioners to disregard the law.

4. Roadblocks to access to timely information by the Village Clerk, UCBOE and NYS BOE.

5. Failure of the UCBOE and Election Inspectors to follow prescribed processes.

6. Failure of the UCBOE to compile and provide documentation reporting on the recanvass results, as required by law.

7. UCBOE Commissioners appear to have intentionally hid their duplicitous practice of vote changing from the media, the government and the public.

8. Failure of the Village Clerk to demonstrate specific duties of her position, as outlined in the law and leading to the destruction of permanent government records.

It is my strong belief that while the statute of limitations may have run out to oust Kimbiz, or take these agencies to court for specific FOIL violations, there should be NO restriction on ensuring that the law is correctly interpreted and enacted. It is the primary responsibility of these individuals to serve as caretakers of the election law, safeguarding our elections and ensuring that they meet the most rigorous standards outlined in the law. While the initial circumstances cannot and, in Healey's opinion, perhaps should not be changed, we MUST hold these officials accountable and take steps to prevent such gross abuses from occurring in the future. Healey trusted that the election was conducted properly, and that trust was severely violated. When elections become a game, or worse, an exercise in "because we said so," we are all violated and we all lose. Well, except for Kaz-whats-his-name. He wins.

Kimbiz? Kazmin? Whoever he is, he needs to STFU.

Village Trustee Brian Kimbiz aka Brian Kazmin owes Sally Rhoads and everyone participating in tonight's Village Board meeting a tremendous apology. Not only did he expose his complete ignorance of the legislative process, legal codes, and other areas, he also lied about his role in disseminating information about the noise ordinance and was completely disrespectful of his fellow trustees and the public.

Raising your voice when you don't get your way is for petulant children, and that's exactly what Kimbiz appears to be. His efforts to drown out individuals who had the floor, including Sally, amounts to bullying and temper-tantrums. His behavior was completely inappropriate and the only adequate remedy for this outrageous affront is a public apology for his immature conduct during this meeting. Mocking others by making faces, snickering, rolling eyes, interrupting and other childish behavior has no place in our public forums and he is setting a terrible example for those who have not had experiences with the many thoughtful, respectful, informative students that are involved in our community. He might be "pissed as hell," but that doesn't mean we should all be subjected to it. If revisions are made to the noise ordinance (which they clearly should be - it's a pretty lousy law in it's current form), perhaps they can include his offensive and embarrassing comments in the violations.

There are frequently valid reasons for disagreement between permanent community members and SUNY students; these issues arise independently of sensationalized efforts to fan the flames. While Kimbiz' Facebook group purported to operate under the context of civil discourse, his efforts on behalf of this issue ensured the contrary. He has manipulated just emotions of the very constituents he pretends to serve in order to bolster publicity and his absurd agenda of giving power to those who have never really had it taken away. Any efforts to increase animosity among various groups of our community should be discouraged, especially when those efforts are spearheaded by our public officials. We have enough warfare without creating new battles that never needed to be.

In addition, it's about time he get a few things straight. The learning curve he faced should be almost completely dissolved after nearly a year in his position. He serves on the VILLAGE Board, not the TOWN Board, "CDs" are NOT official minutes of a meeting, and there are huge differences between NYS laws, Village laws and SUNY policy. Perhaps if he is able to finally get these basic concepts down, he wouldn't be so obviously frustrated and obnoxious during meetings. Spell check would be a huge improvement, too. It's almost as painful to read the junk he puts on Facebook as it is to actually listen to him spout this nonsense in person. I know I've made fun of his goal to be a "great lesion" on the Village Board, but I'm only beginning to realize that he actually did mean it literally.

Finally, kudos to Police Chief Joe Snyder. Chief Snyder was the only person making an effort to diffuse an unnecessarily heated debate, returning it to the conversation it ought to have been in the first place. I've seen great things from him during his tenure and am constantly reassured of his competence and compassion each time he responds to difficult situations with such poise and respect.

Come Out, Come Out, Wherever You Are!!!

Last May, I looked at the attendance records for the Village Board. After receiving no response from any Trustees, I wrote a letter to the New Paltz Times asking some of the greatest offenders to please inform us of the explanation for their lax participation. It wasn't a surprise that there was no response.

Since then, I'm afraid that things have gotten even worse. I used the same rough methodology used in that entry to compile attendance records for all meetings in 2008 and 2009 (minutes are not yet available for 2010). The awful attendance records are especially disturbing, as combining the attendance results of two specific Trustees still fails to yield even ONE full time Trustee.

100% Attendance Record - Of course, I have to give credit to Terry Dungan, who has attended 100% of meetings (regular, special and joint) in 2008 and 2009. The Mayor had 75 meetings total between 2008 and 2009, and was present for the entire meeting every time. But showing up is just a minimum requirement; if Dungan plans to seek reelection, he still has a long way to go before he's in the good graces of most of NP.

95% Attendance Record - Trustee Patrick O'Donnell has been present for an ENTIRE* meeting (including joint, special and regular) 95% of the time. Trustee O'Donnell had 22 meetings total, with 1 absence (regular meeting) and 0 lates or instances of leaving early.

87% Attendance Record - Former Trustee Pete Healey was present for an ENTIRE meeting (including joint, special and regular) 87% of the time. Trustee Healey had 38 eligible meetings between 2008 and 2009, with 4 absences, 0 lates and 1 instance of leaving early. In 2008, he missed 3 special meetings. In 2009, he was absent from 1 regular meeting and late to 1 regular meeting.

83% Attendance Record - Former Trustee Michael Zierler was present for an ENTIRE meeting (including joint, special and regular) 83% of the time. Trustee Zierler had 54 eligible meetings in 2008 and 2009, with 4 absences, 4 lates and 1 instance of leaving early. In 2008, he was absent from 1 regular meeting, left early from 4 regular meetings and arrived late to 1 regular meeting.

(This is where things start to get a little bit nasty. Committee, Board and Commission members are held to a 75% attendance policy in Section 31-5 of the Village Code. No such standard has been established for VB members and, frankly, it shouldn't be necessary, but apparently is.)

77% Attendance Record - Trustee Brian Kimbiz aka Brian Kazmin has been present for an ENTIRE meeting (including joint, special and regular) 77% of the time. In 2009, he had 22 eligible meetings, with 1 absence, 1 late and 1 instance of leaving early from a regular meeting and 1 absence and 1 late to special meetings. Not quite at the 75% threshold, but pretty damn close. Luckily, his presence isn't generally missed, except for the comedic relief provided on the rare occasion that he opens his mouth. Ya know, like, in defense of people who wanna paint their front door all crazy-like.

61% Attendance Record - Trustee Jean Gallucci has been present for an ENTIRE meeting (including joint, special and regular) 61% of the time. Between 2008 and 2009, she had 75 eligible meetings. For regular meetings, she has been absent from 8, late to 10 and left 4 regular meetings early. For special meetings, she has been absent 5 times and late 1 time. She has also left early from 1 joint meeting. I don't expect that Trustee Gallucci will run for a second term; her alliance with Dungan was clearly an effort to help bolster her running mate's numbers in his successful attempt to unseat Jason West. However, she is still holding office and regardless of her future ambitions, I believe it is her responsibility to fulfill the obligations that she signed up for. If she cannot, it is only right that she resign and provide an opportunity for VoNP residents to have someone appointed to actually represent them.

31% Attendance Record - Trustee Shari Osborn has been present for an ENTIRE meeting (including joint, special and regular) 31% of the time. 31%. It's not a typo. Between 2008 and 2009, she had 75 eligible meetings. I'm going to do this as a list, because it's so hard to wrap my head around it.
Regular Meetings - 8 Absences, 20 Lates, 14 Left Early
Special Meetings - 7 Absences, 2 Lates, 1 Left Early
That's a total of 15 Absences, 22 Lates and 15 instances of leaving early. I LIKE Trustee Osborn. I really, really do. But WTF is she doing in her position as Trustee?!? This record is absolutely shocking and I am appalled that someone would seek elective office, allow voters to invest their faith in the commitment of their chosen representative and then proceed to be fully present for only 23 of 75 meetings.

It's no wonder that the VoNP is in such sorry shape. I will continue to welcome any explanation from these Trustees as to their horrific participation but until it's provided, can only judge based on the numbers.

*ENTIRE meetings mean showing up before or as the meeting is called to order and staying until the meeting is adjourned. Multiple instances of leaving and returning during a single meeting are only counted as one. In order to be considered a present, a Trustee must be able to vote at the meeting. Thus, "calling in" to a meeting does not count.

Committed Volunteers

Sorry for the hiatus, I've been packing up everything I own to get a better tan 3,000 miles away. Luckily, I'm done with that now.

This week's Village Board Meeting, the last for The Gatekeeper and The Renegade, was a disaster. Because there was no meeting. See, The Mayor and The Gatekeeper showed up, but The Renegade, The Butterfly and The Financier were all absent. Apparently The Financier's absence was excused (this time) due to a personal issue. No one seems to know where The Butterfly was, although her husband was present for the first time in anyone's memory. The Renegade was simply out, due to personal obligations and priorities that may or may not have been communicated or excused. So, without a quorum, the meeting was never called to order and business in the VoNP is stalled, yet again.

In the wake of The Butterfly's unjustified and unprofessional tirade against the NPFD, many of her defenders are pointing to the meager stipend and supreme level of commitment that she has demonstrated in her capacity as Trustee. So, as is my way, I did some data entry and found even my overly cynical self disappointed by the results.

Instead of dealing with the personal qualities of The Butterfly as Trustee, and without even attempting to tackle the subjective issue of voting record, let's stick to something we can all agree is a requirement of office: attendance. We all know that Trustees should show up and participation is apparently a bonus. But I've been stating that The Butterfly and The Financier fall far short of even this basic obligation and we don't need to have a philosophical debate about positions or abilities; the facts back this one up.

Section 31-5 of the Village Code outlines that "Any person appointed to a board, commission or committee of the Village shall be expected to attend at least 75% in number of the regular and special meetings of such board, commission or committee during a period of 12 consecutive months." There does not appear to be an attendance policy for elected board members, but I think it is reasonable to assume that these officers should be held to this standard at a minimum. I'm assuming the absence of this specification is for this exact reason; we shouldn't have to hold elected officials to an attendance policy. After all, they're the ones who chose to seek public office!

Of the 54 available meetings for all of 2008 and 2009 (38 available meetings for The Renegade), who actually shows up?

For the purpose of my averages, "attendance" is considered complete attendance. You show up to the meeting, on time, and stay until the meeting is adjourned. I did not count instances where someone leaves the meeting for a few minutes, as these are expected to occur. Also, as a courtesy to The Butterfly, I did not count instances where she left for significant blocks of time, as it would be nearly impossible to calculate due to the frequency and duration of such "emergency" phone calls, snacking, socializing and web surfing. Each instance of arriving late and leaving early, even from the same meeting, is counted as a separate, distinct violation. I could've weighted lates and earlys as being less offensive than full absences, and also could've formed penalties based on the extent of lateness or leaving-earlyness, but I didn't. They're all equally offensive as far as I'm concerned, plus it's early and I'm not that big into math. I'll gladly email my spreadsheet to anyone who would like to tackle it.

- 100% Attendance Record. The Mayor has attended all joint, special, and regular meetings of the Village Board. He has not been late, nor left early, for any of these meetings. This isn't surprising; The Mayor strikes me as exactly the type of person who would graduate High School with the prestigious K-12 Perfect Attendance Award. Plus, they're his meetings and his agenda and clearly nobody else is going to run them, so it makes sense that he would have to be present in order for business to be conducted.

- 87% Attendance Record. The Renegade, with fewer meetings being counted since he did not take office until June 1, 2008, has missed 1 regular meeting and was late to 1 regular meeting (although, at the request of the VB, was present at a School Board meeting as the Village representative on the evening in question). He was present at both joint meetings and missed 3 special meetings, one of which he would've been late to had it lasted longer than 10 minutes.

- 83% Attendance Record. The Gatekeeper is in third place, being absent from 2 regular meetings, late to 1 regular meeting and leaving early for 4 regular meetings. The Gatekeeper has faced a tremendous loss in his family in 2009, thus excusing one of these absences. He was absent from 1 special meeting and 1 joint meeting.

- 65% Attendance Record. The Financier, in a dead heat with The Butterfly, has an abysmal attendance record. She has been absent from 7 regular meetings, late to 5 regular meetings, and left early for 3 regular meetings. She has also been absent from 3 special meetings.

- 54% Attendance Record. The Butterfly comes in last, being absent from 6 regular meetings, late to 12 regular meetings and leaving early for 5 regular meetings. She has also been absent from 2 special meetings.

Now I know there will still be some who are uppity and defensive about the attendance record.

"But the meetings run so LATE!" Well, shorten the agenda or your soliloquies. Either way.

"But they can't be expected to be at everything, all the time!" I agree. But Village Board meetings are a basic requirement of their office. Showing up occasionally is disrespectful to the voters, the community and the other officials.

"Well, The Financier CALLED into a meeting, shouldn't that count?!" No, it shouldn't. If you're not present to vote, you're not there. For all we know, Scott Schulte could've taken the called-in Trustee hostage, forcing them to make comments at gunpoint.

I am sure there are plenty more pathetic excuses for why Trustees shouldn't be expected to participate in their own meetings. Please, let me know. Especially The Butterfly and Financier. I think an explanation is long overdue.

Also, I think it's worth pointing out that the two Trustee-Elects, Patrick O'Donnell and Brian Kimbiz, have been showing up to meetings for a few weeks. Kudos. Sadly, no one has ever seen their faces at a meeting until recently. We can only hope that they follow the example of The Mayor, The Renegade and The Gatekeeper when it comes to attendance. Actually, we can hope O'Donnell does. We might be better off if Kimbiz just stays home.

The Wall of Shame

When an election is as close as the one on May 5, you just KNOW there's at least a few people wandering around in a daze, kicking themselves thinking they could've been that ONE vote. I've reviewed the voter rolls and there are surely a few local noteworthies who are doing exactly that. Who do you think feels the worst for skipping out on election day?

Shari Osborn (who was at Village Hall an hour after the polls closed, presumably for a secret and illegal meeting with the Mayor and Trustee Gallucci, who were also sneaking around the building)
Don Kerr
Guy Kempe
Ray Curran
Eric Roth
Dawn Elliott
Valerie Erwin
Linda Welles
Karl Budman
Charlie Karsten
Judy Mage
Dave Holt
Susan Holt
Dorothy Jessup
Judy Swallow
Amos Sunshine
Steve Stanne
Donna Smith
Steve O'Shea
Amanda Sisenstein
Jamie Levato

More to come... I have omitted named of people who forgot to change their registration to their current village addresses, but you know who you are. Seriously?? Change it. Jeez.

When Kimbiz vacates his seat in the near future, these are probably the very individuals who should be responsible for leading the movement to appoint Pete Healey to that vacancy and ensure his reelection in the anticipated special election next year.

Reader Responses

Some reader responses to the VONP election results:

• Wow.
• This is about as depressing a blog posting as I am ever going to read. A schmendrick on the village board. I wondered if it was a waste of time to vote since only 2 candidates are on the ballot for 2 positions. I'm glad I voted for Pete, so at least this is not my fault. Jesus.
• Wow. Good Luck Vo'NP! You will need it. And let us remember NOT to paint all student candidates with the same brush: Dan Torres (for NP school board) is intelligent, responsible, aware, and erudite, and he can even speak in complete sentences!
• Good to know the I's will be crossed and the T's will be dotted!
• Brian is scary.
  
• Now a minimal lesion, perhaps acceptable, but a great lesion?
• What a turn of events... unbelievable...
• Are you serious??
• No!!!! Doucher Brian is in??? Kill me now!!!!!!
• Pete was going to be the only voice of reason left on that board and the only one that would question the Mayor. This is really bad for the village... are people asleep?
  

A sad day for New Paltz and a happy day for democracy

Brian Kimbiz, write-in candidate for the Village Board, has just usurped Pete Healey by 1 vote in a recount.

I've been arguing with people for weeks on the merit of write-in candidacies, while they constantly dismissed the possibility of a write-in victory, instead choosing to sidle up to candidates who are on the ballot, insisting that they WILL be our new trustees. That's how our system works. It's democracy.

For those of us that support the elimination of unnecessarily restrictive and convoluted election laws, student participation and an open electoral process, this is a victory.

For those of us who want improvements for our community, progress and restructuring, and checks and balances for a terminally ill government, this is devastating.

Many of us fall into both categories and that might help explain why it all makes me so nauseous.

I have long been an advocate for student participation in local politics. I have also been a strong advocate for write-in campaigns, as I believe the arbitrary rules governing ballot access and the petitioning process are pointless and unnecessary. Being able to jump through a few hoops doesn't qualify someone to hold office; being unfamiliar with the silly process shouldn't disqualify someone from being a valid candidate. There are, however, many situations where the write-in candidate is not only incapable of jumping through those silly hoops but is also a horrendous candidate. This is the case with Brian Kimbiz.

We all remember the Julia Walsh fiasco and many of us cringe when thinking back to the horribly misguided decision we made in the voting booth on May 6, 2003. Did our community survive? Absolutely. Was it a painful, miserable and frustrating experience? Extremely so. Is it something I believe we can weather again, especially considering the existing board makeup? I am doubtful. Could it be worse? It pains me to say it, but yes. And it gets worse right now.

On the Brian Kimbiz for Village Board Facebook group, Brian proudly proclaimed,

"THE NEW PALTZ VILLAGE BOARD ELECTIONS IS MAY 5TH."

(is May 5th??)

He continues...

"THE BOARD IS COMPOSED OF 6 MEMBERS, THE MAYOR, DEPUTY MAYOR, AND FOUR TRUSTEES."

(6 members?? Really??)

Wait, there's plenty more...

"DESPITE THE FACT THE STUDENT POPULATION IS ABOUT 6,000, EQUAL TO OR GREATER THAN THE NUMBER OF VILLAGE RESIDENTS, WE HAVE NO REPRESENTATION ON A BOARD THAT HANDLES EVERY DECISION IN THE VILLAGE, THE VILLAGE WE ALL LIVE IN."

(VONP Population in 2000 census: 6,034. SUNY New Paltz student population in 2007: ~2,000. Sigh.)

"CURRENTLY THE MAYOR AND THE BOARD ARE WORKING TO MAKE RENTING HOUSES OFF CAMPUS IMPOSSIBLE FOR STUDENTS BY PASSING LEGISLATION THAT WOULD LIMIT THE NUMBER OF PEOPLE THAT CAN LIVE IN ONE HOME."

(Um... wow, I have NO idea where that came from but... huh???)

So I guess we can all agree that Trustee Kimbiz certainly needs to be schooled in New Paltz 101 (grammar and proper use of caps lock may also be added to his courseload). But, to be fair, perhaps we should also consider where he stands on the issues.

From his New Paltz Green Party Questionnaire, on his priorities:

"I also feel like new development of homes and commerce is very important in and around the Village of New Paltz. The decisions that are made now have long term effects down the road. This means that any new additions to this town should go through the highest scrutiny before any decisions are made. I believe one of the greatest things about New Paltz is the size and membership of its citizens. Also housing situations concerning tenants, landlords, students, and most importantly home-owners need to be carefully considered. Housing conditions, zoning laws, taxes, health issues, among many other things needs mediated in order to create the best community for all of its members."

Wha...? Also, I tend to be a bit of a bitch when it comes to the interchangeable use of Town/Village. When I'm talking with a friend, it's just obnoxious and picky. When it comes to a Village Trustee, I think my annoyance is justified. (Throughout his in-person interview, Brian continued to talk about his vision for the Town Board and his commitment to serving on the body, so as to improve "stuff" in the Town of New Paltz. Members on the interview committee were actually becoming confused as to which office he was seeking.)

When it came to questions about specific issues, Trustee Kimbiz rarely had an answer. At one point, a member of the interview committee questioned his decision to run for an office that he clearly knows little about. Trustee Kimbiz' response was that he would like to get elected first, then learn about the issues and develop positions and opinions later. He saw no reason to understand the intricacies of concerns facing our community until after he was actually elected. He has, however, "watched Town Board meetings on TV a coupla times."

Some highlights on those local issues:

What is your position on Town and Village Unification?

At this moment I do not have a position on the unification of the Village and Town. I will have to better hear both sides of the issue.

What steps will you take to improve current tenant/landlord relationships as well as the current housing situation in general? 
 
 


I think I can be a great lesion between tenants/landlords. Being that I am a tenant I feel safe housing conditions are very important. 
 


What will you do to ameliorate current traffic problems? 
 
 


I am not sure but I believe either making more roads, or increasing flow on certain roads are both bad ideas.

Could you describe your fiscal philosophy? 
 
 
 
 


I believe government should provide services that the community desires at the best price possible, however I also think high taxes are bad, so money must be effectively directed to the things that serve the community best.

What will you do to improve the relationships between SUNY and municipal governments? 
 
 
 


I am again a perfect liaison between the two. I would be coming from the SUNY (working as Senate Vice-Chair) to the other.

What concrete steps do you plan to take to increase transparency in your office and make it easier for the public to participate in the governing process? 
 
 
 


I want to use the Internet as a huge resource in staying connected to me. I think this can be so beneficial as it makes access to me almost instant. My email goes straight to my phone. Aside from that I plan to have a web forum where the public can see my day-to-day work for them and even respond. I think my tech savvy can have a large influence on getting very close to me.

You can't make this stuff up, people. And, honestly, I don't know why anyone would want to. You can read Trustee Kimbiz' full questionnaire at the New Paltz Greens website.

As for the future, we can expect that the Dungan/Gallucci reign will continue with rather catastrophic consequences. We can expect that without Trustees Zierler and Healey, the maniacal schemes of these individuals will magnify unchecked. We can expect that Village employees will continue their work, except this time without allies or security. We can expect that there will be no progress, no open communication and no innovation.

And, if my assessment is correct, we can expect that Julia Walsh can finally pass the "Worst VONP Trustee" legacy onto Trustee Kimbiz. Congratulations, New Paltz. We get the government that we deserve.

Educated Voters are Happy Voters

The New Paltz Green Party has initiated yet another a wonderful public service. It has established a "Candidate Questionnaire" process where candidates have an opportunity to fill out questionnaires related to the party platform and a number of other relevant local issues.

The candidates are then interviewed by the GP and given an opportunity to revise their questionnaire. The completed questionnaires are posted online for the sake of voter education. This interview is also where decisions regarding endorsements are made, when applicable.

I want to commend the candidates who participated in this process: Dan Torres, KT Tobin-Flusser, Brian Kimbiz and Pete Healey. These candidates recognize that writing down and sharing their positions helps contribute to the overall education of voters in our community and demonstrates a strong commitment to their platforms and priorities.

I also want to commend the New Paltz Green Party for creating this wonderful opportunity. It certainly highlights the competence, organization and political savvy of this group, as they are the only New Paltz-based political party that has instituted a questionnaire process in conjunction with their endorsements and interviews.

Completed questionnaires for the Village Board candidates Healey and Kimbiz (O'Donnell has, thus far, declined) are available under the "Elections" section of the New Paltz Greens website. Completed School Board questionnaires for Tobin-Flusser and Torres will be available on the website by the end of the week (Kerr has, thus far, declined).

Blank questionnaires may be filled out by any person seeking elective office, including those launching write-in campaigns, and will also be available on the website. There are 2 versions of the questionnaire: a general questionnaire based on the GP's platform and an office-specific questionnaire tailored to address local issues as they pertain to the position being sought. Candidates should fill out both.

The Village election is Tuesday, May 5, from 12:00pm-9:00pm at the Village Firehouse, located at 25 Plattekill Ave.

The School Board election is Tuesday, May 19, from 12:00pm-9:00pm at the New Paltz High School, located at 130 South Putt Corners Rd.