By Henry J. Stern
November 22, 2006

Happy Thanksgiving.  The subway was notably less crowded this morning as the four day holiday seems to be stretching into five days.  So much of what is called work today is nonessential, except for providing people with income; so the expanding holiday does not seem to injure either the economy or productivity.   One reason to welcome Thanksgiving is that there are no ethnic or religious differences over this holiday.  First observed in 1621 in Plymouth, Massachusetts  by Pilgrims and Native Americans (formerly Indians), the original purpose of the holiday was to thank God for blessings received.  In modern times, the turkey has replaced the Lord as the centerpiece of  Thanksgiving. Certainly no one could have foretold that, almost four centuries after the first Thanksgiving in the New World, the interaction between Native Americans and New Englanders would take place at  Mohegan Sun and Foxwoods.
 

The counter-spin on the Hoyer victory over Murtha is that Speaker Pelosi was just paying off a political debt, and she really didn’t, or at least didn't mean to, threaten new members like Kristen Gillenbrand, in upstate New Yorkers who supported Hoyer. This may be true, but the press coverage and the lopsided margin (149-86) in the voting leave her looking more like a symbol (the Speaker of the House of Commons) and less like the leader of the Democratic party.  Hoyer's emancipation may help the Democrats, if it is true that a political majority is to be found by winning the middle, as arithmeticians conclude.
 

Comptroller's Hevesi's report on excessive borrowing by the Public Authorities Control Board which the departing governor initiated show that the comptroller's office is still able to issue credible professional judgments on financial matters. ... It would be interesting to get a complete survey on how all elected and high appointed officials use state and city cars and state planes, so people can judge how the comptroller's admitted sins compare with those of his colleagues. ... Perhaps it is the holiday spirit rising up within us, but we are a bit wary of the looming prosecution, which evokes the impeachment proceedings conducted in Congress seven years ago.  Who will play Ken Starr? ...  A healer does not begin a peaceful  reign by slaying his flawed running mate, or suffering a local district attorney do the nasty.


 
That issue was taken up in a Court of Appeals decision yesterday.  The case is described by Nicholas Confessore on B1 and B4 of today's Times.   The Times story describes the court as issuing "a sharp rebuke" to Governor Pataki but the decision does not seem that way to us.   In the absence of legislation, the governor relied on the state's mental hygiene law to keep sex offenders confined in psychiatric hospitals after their prison terms ended.  The unanimous court ruled that the governor could not do that alone.  The legislature, however, can remedy the problem, if they choose to..  The Senate and Assembly have both passed bills on the subject, but the bills are not exactly the same, so nothing has gone to the governor's desk.
 
Speaker Silver denies that the Assembly is responsible for the delay, calling such criticism "lies and untruths" in a statement which you can link to here.  He said the Assembly passed legislation on this subject in January, but the Senate has refused to go to conference on the bills.  This is an example of the classic Albany shell game where each house blames the other, and outsiders cannot tell who is at fault.  It is often, but by no means always, the case that the Assembly is recalcitrant.

Governor-elect Spitzer should use his influence to assist a conference committee of the Senate and Assembly to reconcile the two bills so that the impasse can be resolved.  If the houses are unable to agree, the differences should be spelled out publicly so that journalists and the public can make judgments as to which side’s bill is closer to their views.

The case for continuing confinement of sex offenders who are deemed psychopathic appears to be compelling.   The legislature, either alone or with the governor-elect's assistance,  should find a way to achieve that result.  The impending start of a new administration is a fortuitous moment to set aside institutional rivalry, at least to save New Yorkers from being raped or murdered by freshly released but uncured sex offenders.  This would be a good start in reducing Albany’s legendary dysfunction.



#332 11.22.06  766wds