VoNP and Other Things

There's an election coming in the Village of New Paltz. May 3. Crazy, right? If you know who's running, you know why I've (tried) to be quiet on this. I've done a good job and I'm glad I did keep my big mouth (fingers?) shut (off the keyboard?) because I *will* be attempting a little mini-project that will (hopefully) lead to some impartial coverage over here at Barbie Blog. Of course, all of this depends on whether the candidates respond or not, so fingers crossed for freedom of information and open access to government (or, in this case, pre-governmental candidates).

In the meantime, if you want to check out the debates, either buy a TV and subscribe to local cable (channel 23 has a nearly round-the-clock rotation of political and quasi-political programming from candidates, including various incarnations of the past few debates and government meetings) and check out the debate schedule over at the Gadfly. The SUNY New Paltz Oracle, specifically Maxim Alter, is doing a fantastic job of covering not only the candidates, but also the issues, and is making good use of embedded video from past debates. New Paltz Times also has some here-and-there coverage, but we know you're most interested in the letters. After this week, we'll have only 1 more paper of pre-election debauchery, so shell out the buck and enjoy.

Keep in mind that with THIRTEEN candidates in this election, nearly EVERYONE has some sort of stake or alliance in things. I'm openly supporting the One Community Party, and Gadfly's KT is on the Jason West/Ariana Basco team-that-isn't-technically-a-team. Same goes for the debates (Woodland Ponds excepted) - from what I hear, /root's Justin Holmes is supporting at least one individual candidate, and Town/Gown Connect's Brian Wallace is partners and partners with another. None of this makes anyone inherently good or bad (it's good to have opinions in an election!); just keep this in mind when you're reviewing coverage, whether here, on channel 23, or elsewhere in this wide, wide web of worldness.

ALSO!
I suspect I'm *really* late to the game on this one, but the Watershed Post is a phenomenal local blog/web media/environmental advocacy/etc. site that I am embarrassed to admit I missed and am presently addicted to. Just this week alone we have horses, turkeys, ramps, bears, stabbings, and fracking. JUST THIS WEEK, people!!! They describe themselves as, "a news and information hub for the Catskills, the source of New York City's water" broken into "local news," "searchable and updateable business directory," and "events calendar." I just call them, "awesome." Jam a needle of this one into your arm, lie back, and enjoy the bliss...

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.

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.

Village Candidate Forum

On Friday, May 1, Bill Mulcahy will be filming a Candidate's Forum for all announced Village of New Paltz Trustee Candidates. Invited participants include Pete Healey, Patrick O'Donnell and Brian Kimbiz.

The Forum will be broadcast live at 7:00pm (assuming the modulator is working) on New Paltz Public Access Channel 23. To submit a question in advance, please contact Bill Mulcahy at wmulcahy@hvc.rr.com. Alternately, a call-in number will be available during the live broadcast.

The Village Elections will be held on Tuesday, May 5, from 12:00pm until 9:00pm at the Village Firehouse, located at 25 Plattekill Ave. There are 2 Trustee seats open, each with a 4-year term. Healey and O'Donnell are both on the ballott; Kimbiz has announced a write-in campaign. Any other person can also be written in as a candidate.

To cast a write-in vote on a lever machine, follow the instructions below.
1. Find the column for the office where you wish to cast a write-in vote.
2. Lift the metal door at the top of the column.
3. Behind the door, there should be a blank piece of white paper. If there is ANYTHING written on the paper, alert an election inspector without opening the curtain; just stick your head outside without pulling any levers.
4. Write in the name of the candidate you wish to cast a vote for.
5. Finish casting your votes by pulling levers and/or writing in names. When you are finished, pull the large lever at the bottom to open the curtain. This will record your votes.

***Please note: Lifting the metal write-in slide at the top of any column will count as a vote. You will NOT be able to pull a lever in that column once the slide has been lifted, even if you write nothing on the paper.

***Please note: Write-in votes for candidates whose names appear on the ballot will not be counted.

***Please note: You may cast a write-in vote for anyone you want, for as many offices as you want.

***Please note: You may bring pens, pencils, palm cards, voter guides, etc. into the polling place and voter booth. These do not constitute electioneering materials.