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The case against Monroe County

Retiring County Legislature President Wayne Zyra and attorney John Parrinello, both prominent Republicans, were members of the MCC Board of Trustees during the initial search for a new president. The politicized process was eventually aborted. FILE PHOTO

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We picture a Western: Monroe County Executive Maggie Brooks sits atop a runaway stagecoach, desperately clutching at reins that dangle just outside her grasp, while twin nags Renaissance and Robutrad pound frantically across an expanse of prairie, kicking up geysers of brown dirt.

Once upon a time, Brooks had it all: popularity, pull, and most importantly, the promise that she could - and wanted to - put an end to the sledgehammer style of politicking practiced by former Republican king and kingmaker Steve Minarik. Her inaugural embrace of then-Mayor Bill Johnson was called "the hug heard 'round the world."

She was the one-name lawn sign. Republican candidates lined up to have their pictures taken with her, as if "Maggie likes me" was the only qualification that mattered.

But Minarik is gone, and Brooks' coattails aren't what they used to be; blame Robutrad, Renaissance Square, a dash of old-fashioned entropy, and a widening oeuvre of outrages that has paraded down the throat of every county resident.

And right under Brooks' wing stand 15 Republican county legislators and a broader Republican community comfortably ensconced in plum positions all over Monroe, apparently eager to ride along on any disgrace that comes their way.

The people exhibit: the FAIR Plan, the rigged public defender search, the nearly rigged search for an MCC president, an utter failure to enact meaningful budget reform, the gleeful suppression of dissent and all non-Republican proposals, the increased use of minimally accountable LDC's, corruption at the Water Authority, the Renaissance Square quagmire and implosion, and, most recently, Robutrad, in the case against Monroe County.

The Brooks promise is irrevocably broken.

Two years ago, this newspaper urged you to put an end to the closed-door, tone-deaf, heavy-handed, self-enriching practices that years of Republican dominance have wrought. You came close, bringing the County Legislature within one vote of Democratic control. You've got another chance.

There are 16 seats up for grabs in the Legislature this year: nine Republican, seven Democratic. Our appraisal is that the Democratic seats are probably safe, and that there are between two and four Republican seats in play. The election is Tuesday, November 3.

Tell Brooks and the GOP "no more." Stop the steamroller. Bring oversight, accountability, and respectability back to Monroe County.

It's up to you.

Exhibit one: the county's annual budget gap. Monroe has a habit of plugging budget holes with one-shot trickery, like using tobacco settlement funds and selling county assets such as the Civic Center Garage, instead of doing the hard work of finding a permanent solution to the county's persistent structural deficit. The county plugged multimillion gaps in 2009 and 2010 with federal stimulus funds.

The Brooks administration's attempt at a long-term solution, the FAIR Plan, had mixed results. The sales-tax intercept may save the county money this year, thanks to low sales-tax returns. But the part of the plan that stripped sales-tax revenue from school districts ended with the county - under the cloud of a lawsuit - promising to repay $29 million, with interest.

And that's ignoring the way the proposal was passed: FAIR was introduced and approved - with only Republicans voting in favor - in a single evening.

Whether anybody - including Democrats - has a solution to the budget problem, short of an unprecedented countywide economic rebound, is up for debate. And that's what's lacking here: debate. Republicans have shepherded administration budgets through largely unquestioned and unchanged, aside from technical amendments. There was a bipartisan panel to look at the budget last year, but the most significant result was a couple of bipartisan measures that dealt with financial and audit reports.

The 2010 budget is a different story. The county is using $30-million in stimulus cash to stave off a deficit, but that money's a limited-time offer. The county will certainly face deficits in future years if no long-term solutions are enacted.

This is where the Democrats can step up, if they win. Lej candidates Frank Muscato and Mark Coon, drawing on their school board backgrounds, have suggested incorporating some school district budget-review methods into the county's budget process. The Lej could, for example, have budget meetings that focus on specific areas or departments, and increase public input to help find cost savings or areas that can be cut. Other Democrats say that Legislature committees could take a more active role in the budget process.

The county has an accomplice here, and that's the public, who want all the benefits of stable or decreasing taxes, without sacrificing services. Tough choices have to be made about what government should provide. Is the public willing to pay for well-maintained parks and functioning libraries, if it means higher taxes?

It's important to keep in mind that the county's deficit problem isn't the fault of one administration. A 2002 Blue Ribbon Commission report said that the problem was a decade in the making. So, clearly, this is an issue that won't be solved in a single year.

Exhibit two: The Lej Republicans' practice of systematically ignoring outside voices, whether it's the LGBT community wanting domestic-partner benefits, or the legal community asking for a nonpolitical search for public defender.  

The public-defender selection was a particularly egregious show of power, political or otherwise. Attorneys, religious leaders, a college president, antipoverty groups, and respected community leaders turned out to reinforce the importance of an independent, effective public defender's office. Many recalled the days when it was simply a patronage depot and plea-bargain mill.

The suspicion was that Republicans had a preordained candidate - and true or not, that's what the appointment confirmed. By many accounts, Tim Donaher is doing a good job. But it doesn't change the fact that the process was tainted and that will likely haunt Donaher, and the county, for a long time.

A similar situation nearly played out during the MCC president selection. Though the Legislature didn't have direct control of that process, it was clear that the county Republican machine was working to put a party loyalist in the job. In this case, faculty, student, and community outrage - the public-defender fiasco still fresh in people's minds - succeeded in derailing that plan.

A second search was free of politics and resulted in the appointment of an MCC president without local political connections, Anne Kress.

Exhibit three: local development corporations. These quasi-governmental agencies pose a basic problem: they're tough to scrutinize. LDC's take governmental functions away from elected officials and operate out of the public eye. When LDC's borrow money, it's not on the county's books - an advantage or disadvantage, depending on who's talking. And when they issue contracts, they can do it without competitive bidding. Left unchecked, LDC's create an environment with potential for political rewards or favoritism in awarding contracts.

The county has increasingly used local development corporations to take care of functions as disparate as county phone and computer systems, to operating a cogeneration power plant that supplies electricity and steam to county facilities. Most recently, the county contracted with a newly-formed LDC to upgrade its public safety communications infrastructure. The LDC will have to comply with various open-government measures, but it can still award contracts without adhering to state competitive bidding requirements.

The communications proposal, a 20-year, $224-million contract, was submitted only a matter of days before September's committee meetings, and was scheduled to come before the full Lej for a vote two weeks later. That vote was delayed until the end of September - only because an illness prevented the GOP from having the votes to pass it. And when it did pass, only Republicans voted in favor. 

Democrats this month introduced legislation that would give the Legislature authority over things like LDC budgets and appointments. It would also require quarterly financial statements. But like all Democratic proposals under this Legislature, it'll be lucky to make it out of committee and it certainly won't pass.

Exhibit four: Robutrad, a mess of misconduct, fraud, and coercion, allegedly.

Some building trades workers who were employed by the county have admitted to working on private projects on county time - including work performed for Republican officials or their families. They allegedly did this at the direction of their county-employed supervisor, Robert Morone, who also allegedly tracked the workers' time "volunteering" for Republican campaigns. Morone is facing state and federal charges.

The criminal investigation led to charges for the executive director of the county Republican Committee, Andrew Moore. Former Deputy County Executive James Smith also faces charges - he allegedly protected Robutrad crews, which allowed the activities to continue.

Robutrad seems to indicate, at the least, a large-scale supervisory failure. At worst, it could indicate institutionalized politicization of the county's work force.

So where does the Lej fit into this? It's a department-level issue, so it's not a given that the Legislature could have uncovered it. But the Legislature can certainly set the tone for county operations and foster a culture that will not abdicate - and will, in fact, demand - oversight and accountability.

Comments for "The case against Monroe County " (4)

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Choo Choo Charlie said on Oct. 21, 2009 at 6:06pm

Exhibit 5: The RenSquare Fiasco. Upwards of $24 million was spent since 1998 for a bus station project that morphed into RenSquare. Most of this money (around $18 million) was spent after 2004 when RenSquare was conceived around the time Jack Doyle was packing his bags. Most of it was spent on companies who have close ties to the Monroe County GOP and who also happen to be substantial political donors.

In the end - either through incompetence and poor planning by the Main & Clinton LDC or as part of a seriously flawed strategy that ultimately failed, an 11th hour pitch to City Council to approve condemnation of properties vital to RenSquare was soundly defeated. Approval for the acquisition of these properties should have been secured in the beginning, but coming to City Council hoping they will get sympathy for spending over $20 million with nothing to show for it other than a few drawings was the final nail in the coffin for RenSquare.

Let's not forget that RenSquare faced significant opposition both from the public and the business community. Few people wanted it while Maggie continued to be its cheerleader and public face. Poor Mark Aesch, the CEO of RGRTA was essentially in charge of the project but hid behind the shield of Main & Clinton at the behest of Queen Maggie (who shortly after her coronation in 2004 twisted the arms of the RGRTA board to throw Mark's boss Don Riley under his own bus when he didn't want to play along with the RenSquare idea). Now that the Queen Maggie's castle will never be built - how long will Mark, the Duke of Transit, keep his job at RGRTA?

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City Believer said on Oct. 22, 2009 at 12:48pm

Thank goodness that City Newspaper brings all these issues to light; now if we could only get the general electorate to see that change on the County level of government is desperately needed. I would raise the unstated question; if Maggie is so great a County Executive, how has all this been going on under her nose? A true "exeutive" knows what is going on in his or her organization! When and if the taxpayers out in the 'urbs realize that although there may be no direct property tax increase the constant and seemingly never ending raises of fees and charges will eventually nickel and dime you out of any gains by no property tax increases. A good example - a copy of your birth certificate, which as stated on the glitzed-up but highly disfunctional County website "...are processed while you wait and with few exceptions, take a matter of minutes" costs $30. A few years ago, the same process and certificate was (as I remember) about $8. Same process, same procedures, same "product" - how do you really justify the percentage of increase when there is no additional labor or costs involved - unless the certificates are gold backed, there is no reason for this - except, as stated in the article, this is involved in the process of corking up the holes in the County Budget as another stopgap process. It is, as also stated, time for the end of the rubber stamp Legislative process, and for the accountability to be in place, and it is to be hoped, the election of an actual Executive to truly administer the workings of the County.

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Doug Midkiff said on Oct. 25, 2009 at 9:50am

Exhibit 6: Maggie's appointment of Steve Gleason, her former finance director, and Mark Aesch, head of RGRTA,, as members of the Genessee Transportation Council. The Council, already stacked with Republican appointees by Doyle, is responsible for allocating and approving all federal transportation funds spent in the Rochester region, thus giving the Republicans total sway over where the money goes, including using federal funds to buy RTS buses. Example, early in the RenSquare project, funds were diverted by the GTC from improvements in East Henrieeta Road to the RenSquare project. Why to the people of the Rochester area continue to let things like this happen? I was the lone witness against the diversion of the funds at a GTC Policy Committee hearing held at the Radisson Inn on June 3, 2003.
I urge the community to pay attention to what happens at those meeting

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Harry Davis said on Oct. 25, 2009 at 2:16pm

Right on, Doug!
btw, research has shown an abundant amount of cash at the Genesee Transportation Council. (GTC) Billions. This is money that can easily be use to facilitate development at the Amtrak station, or, at the IBM building of High Speed Rail! Think of it, inter-modal transporation in Rochester if we can neutralized Mark & Maggie! No more hub& spoke. Instead of wasting the money as Maggie & the GTC does, why not improve our mass transportation system in Rochester?

On November 3, you can write my name in for mayor so Mayor Duffy will hire me to lend some vision & creativity to development of downtown Rochester. But a must is a vote on Row 9E for Harry Davis for city council, Working Families Party line. I am not controled by dem $, repub $ or Frank Wirt Trade union $. Remember, in the long history of the AFL_CIO, it was the trades that were the conservative force. In the Viet Nam War era, it was the Trade Union hardhats who bashed Viet War protestors, physically!

read the letter from Frank Wirt on who stopped ren square:
http://www.box.net/shared/e5c0spt34o



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