Tuesday, February 14, 1995

1 2 3 4 5 6 7 8 9 10 11 ALBANY, NEW YORK 12 February 14, 1995 13 3:07 p.m. 14 15 16 REGULAR SESSION 17 18 19 SENATOR JOHN R. KUHL, JR., Acting President 20 STEPHEN F. SLOAN, Secretary 21 22 23 1 P R O C E E D I N G S 2 ACTING PRESIDENT KUHL: The 3 Senate will come to order; members please take 4 their places. Ask the staff to take their 5 seats. Ask everybody in the chamber to rise and 6 join with me in saying the Pledge of Allegiance. 7 (The assemblage repeated the 8 Pledge of Allegiance to the Flag.) 9 Reading of the Journal. 10 THE SECRETARY: In Senate, 11 Monday, February 13th. The Senate met pursuant 12 to adjournment, Senator DeFrancisco in the Chair 13 upon designation of the Temporary President. 14 The prayer by the Reverend Terry Troia of the 15 Brighton Heights Reformed Church of Staten 16 Island. The Journal of Sunday, February 12th, 17 was read and approved. On motion, Senate 18 adjourned. 19 ACTING PRESIDENT KUHL: Hearing 20 no objection, the Journal stands approved as 21 read. 22 We're honored today to have 23 visiting with us as a visiting clergy, the 1 Reverend Wilma Jackson, who is the mother of a 2 nominee who comes before us for confirmation, 3 Richard E. Jackson, Jr. 4 REVEREND WILMA JACKSON: This is 5 a very joyous, happy occasion, and I thank God 6 that He allowed me to live to see this day. 7 A few years back, Richard, Jr. 8 chose a scripture that he claimed and I have 9 been finding for him, and I would like to share 10 that scripture with you this evening. It is 11 Micah, the 6th chapter and the 8th verse, and it 12 says: 13 He has shown thee, O man, what is 14 good; and what does the Lord require of thee, 15 but to do justly, and to love mercy, and to walk 16 humbly with thy God? 17 There are three things that stand 18 out in that scripture, and the first one is to 19 do justly, to love mercy and to walk humbly with 20 thy God, and that's what Richard Jr.'s been 21 doing, and we are very proud of him this day and 22 very proud of all of you because you are part of 23 this. 1 Secondly, I would like to do the 2 first Psalm, and this is what it is says, and 3 this is a Psalm of King David, one of our 4 greatest kings that we have. It is: 5 Blessed is the man that walketh 6 not in the counsel of the ungodly, nor standeth 7 in the way of sinners, nor sitteth in the seat 8 of the scornful; but his delight is in the law 9 of the Lord; and in his law doth he meditate day 10 and night. And he shall be like a tree planted 11 by the rivers of water, that bringeth forth his 12 fruit in his season; his leaf also shall not 13 wither; and whatsoever he doeth shall prosper. 14 The ungodly are not so; but are like the chaff 15 which the wind driveth away. Therefore, the 16 ungodly shall not stand in the judgment, nor 17 sinners in the congregation of the righteous. 18 Let us pray. 19 Father God, we thank You this, my 20 Abraham, for allowing me to send -- for all of 21 us to speak here in this Senate. We thank you, 22 Father, for these our people, and you said in 23 the scriptures that we, as people, should pray 1 for the leaders of the nation and, Father, we 2 pray for all of the leaders that is leading us, 3 and we thank God for them. 4 Our Father, we just bless Your 5 mind, and we ask You for the protection for each 6 one as they go about their daily task, and we 7 will just say, blessed is the man that cometh in 8 the name of the Lord. 9 Amen. 10 ACTING PRESIDENT KUHL: Amen. 11 Presentation of petitions. 12 Messages from the Assembly. 13 Messages from the Governor. 14 Reports of standing committees. 15 Reports of select committees. 16 Motions and resolutions. 17 Senator DiCarlo. 18 SENATOR DiCARLO: Mr. President, 19 on behalf of Senator Kuhl, on page 6, I offer 20 the following amendments to Calendar 67, Senate 21 Print 2081, and ask that said bill retain its 22 place on the Third Reading Calendar. 23 ACTING PRESIDENT KUHL: 1 Amendments are received and adopted. The bill 2 will retain its place on the Third Reading 3 Calendar. 4 Senator Bruno, would you like to 5 do the Resolution Calendar at this time? 6 SENATOR BRUNO: Yes, Mr. 7 President. Can we now take up the Resolution 8 Calendar? 9 ACTING PRESIDENT KUHL: The 10 question is on the adoption of the Resolution 11 Calendar. All those in favor signify by saying 12 aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The Resolution Calendar is 17 adopted. 18 Senator Bruno. 19 SENATOR BRUNO: Mr. President, I 20 would like to call an immediate meeting of the 21 Rules Committee in Room 332. 22 ACTING PRESIDENT KUHL: There 23 will be an immediate meeting of the Rules 1 Committee in Room 332, the Majority Conference 2 Room. 3 SENATOR BRUNO: Mr. President. 4 ACTING PRESIDENT KUHL: Senator 5 Bruno. 6 SENATOR BRUNO: Can we now take 7 up the non-controversial calendar? 8 ACTING PRESIDENT KUHL: The 9 Secretary will read the non-controversial 10 calendar. 11 THE SECRETARY: Calendar Number 12 44, by Senator Farley, Senate Bill Number 568, 13 an act to amend the Education Law, in relation 14 to efficiency study grants. 15 ACTING PRESIDENT KUHL: The 16 Secretary will read the last section. 17 THE SECRETARY: Section 2. This 18 act shall take effect immediately. 19 ACTING PRESIDENT KUHL: Call the 20 roll. 21 (The Secretary called the roll.) 22 THE SECRETARY: Ayes 35. 23 ACTING PRESIDENT KUHL: The bill 1 is passed. 2 THE SECRETARY: Calendar Number 3 47, by Senator Levy, Senate Bill Number 390, an 4 act to amend the General Business Law, in 5 relation to disclosure of insurance coverage. 6 ACTING PRESIDENT KUHL: The 7 Secretary will read the last section. 8 THE SECRETARY: Section 2. This 9 act shall take effect on the 120th day after it 10 shall have become a law. 11 ACTING PRESIDENT KUHL: Call the 12 roll. 13 (The Secretary called the roll.) 14 THE SECRETARY: Ayes 35. 15 ACTING PRESIDENT KUHL: The bill 16 is passed. 17 THE SECRETARY: Calendar Number 18 48, by Senator Skelos, Senate Bill Number 1075, 19 an act to amend the Vehicle and Traffic Law, in 20 relation to the enforcement of handicapped 21 parking regulations. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read the last section. 1 THE SECRETARY: Section 2. This 2 act shall take effect immediately. 3 ACTING PRESIDENT KUHL: Call the 4 roll. 5 (The Secretary called the roll.) 6 THE SECRETARY: Ayes 35. 7 ACTING PRESIDENT KUHL: The bill 8 is passed. 9 THE SECRETARY: Calendar Number 10 49, by Senator Volker, Senate Bill Number 1474, 11 an act to amend the Vehicle and Traffic Law, in 12 relation to suspensions for failure to answer. 13 ACTING PRESIDENT KUHL: The 14 Secretary will read the last section. 15 THE SECRETARY: Section 2. This 16 act shall take effect immediately. 17 ACTING PRESIDENT KUHL: Call the 18 roll. 19 (The Secretary called the roll.) 20 THE SECRETARY: Ayes 35. 21 ACTING PRESIDENT KUHL: The bill 22 is passed. 23 THE SECRETARY: Calendar Number 1 50, by Senator LaValle, Senate Bill Number 1491, 2 an act to amend the Vehicle and Traffic Law, in 3 relation to traffic control signal indicators. 4 ACTING PRESIDENT KUHL: The 5 Secretary will read the last section. 6 THE SECRETARY: Section 2. This 7 act shall take effect on the first day of 8 January. 9 ACTING PRESIDENT KUHL: Call the 10 roll. 11 (The Secretary called the roll.) 12 THE SECRETARY: Ayes 35. 13 ACTING PRESIDENT KUHL: The bill 14 is passed. 15 Senator Bruno, that completes the 16 non-controversial calendar. We have a report of 17 a standing committee at the desk, if you would 18 like to return to reports of standing committees 19 to receive that report? 20 SENATOR BRUNO: Yes, Mr. 21 President. 22 ACTING PRESIDENT KUHL: The 23 Secretary will read. 1 THE SECRETARY: Senator Padavan, 2 from the Committee on Cities, reports the 3 following bill directly for third reading: 4 Senate Bill Number 1654, by 5 Senators Maltese and others, Administrative Code 6 of the city of New York, in relation to criminal 7 possession of a knife. 8 Senator Lack, from the Committee 9 on Judiciary, reports the following bills 10 directly for third reading: 11 Senate Bill Number 546, by 12 Senators Marchi and DiCarlo, Judiciary Law, 13 creating the 13th Judicial District consisting 14 of the county of Richmond; 15 1294, by Senator Lack, an act to 16 amend the Estates, Powers and Trusts Law; 17 1623, by Senator Lack, proposing 18 an amendment to the Constitution, in relation to 19 the jurisdiction of the New York City Civil 20 Court. 21 Senator Wright, from the 22 Committee on Alcoholism and Drug abuse, reports 23 the following bills directly for third reading: 1 Senate Bill Number 328, by 2 Senator Levy, an act to amend the Public 3 Authorities Law and the Railroad Law; 4 355, by Senator Levy, requiring 5 the Department of Motor Vehicles to compile 6 information on driving while under the influence 7 of drugs; 8 384, by Senator Levy, an act to 9 amend the Vehicle and Traffic Law, in relation 10 to requiring school bus drivers involved in 11 personal injury accidents; 12 1745, by Senator Velella, an act 13 to amend the Vehicle and Traffic Law and the 14 Criminal Procedure Law, authorizing the 15 discovery of blood samples. 16 Senator DiCarlo, from the 17 Committee on Aging, reports the following bills 18 directly for third reading: 19 409, by Senator Skelos and 20 others, Real Property Tax Law; 21 908, by Senator Goodman, an act 22 to amend the General Business Law; 23 1278, by Senator Farley and 1 others, Real Property Tax Law; 2 Also 1473, by Senator Padavan, an 3 act to amend Chapter 420 of the Laws of 1991, 4 amending the Real Property Tax Law; 5 1631, by Senators Farley and 6 others, Education Law, authorizing the State 7 University trustees to make courses available 8 for certain persons 60 years of age or over. 9 Senator Cook, from the Committee 10 on Education, reports the following bills 11 directly for third reading: 12 Senate Bill Number 346, by 13 Senators LaValle and Trunzo, approval of certain 14 building aid to the William Floyd Union Free 15 School District; 16 1247, by Senators Holland and 17 Cook, Education Law, in relation to contracts 18 for transportation of school children; 19 1303, by Senator Cook, Education 20 Law, defining non-residents of a district for 21 purposes of admission. 22 Senator Holland, from the 23 Committee on Social Services, reports the 1 following bills directly for third reading: 2 Senate Bill Numbers 139, by 3 Senator Holland, Social Services Law and the 4 Education Law, in relation to Medicaid fraud 5 control; 6 290, by Senator Cook, an act to 7 amend the Social Services Law, establishment of 8 the Scenic Vistas program; 9 2046, by Senator Holland and 10 others, Social Services Law and the Workers' 11 Compensation Law. 12 Senator Goodman, from the 13 Committee on Investigations, Taxation and 14 Government Operations, reports the following 15 bills: 16 Senate Bill Number 281, by 17 Senator Holland, an act to amend the Tax Law; 18 436-A, by Senator Farley, 19 Alcoholic Beverage Control Law, in relation to 20 fee for a summer license for a vessel; 21 571, by Senator Johnson, an act 22 to amend the Tax Law, procedures for written 23 communications; 1 628, by Senators Stafford and 2 Present, Tax Law, distribution of the additional 3 mortgage recording tax; 4 699, by Senator Saland, Tax Law, 5 waiving the $50 minimum penalty for late filing 6 of certain -- certain sales taxes; 7 926, by Senator Goodman, an act 8 to amend the Tax Law, in relation to additional 9 tax on receipts from the sales of parking 10 services; 11 1367, by Senator Goodman, an act 12 to amend the Arts and Cultural Affairs Law, in 13 relation to autographed sports collectibles; 14 Also, 1613, by Senator Goodman, 15 an act to amend the Tax Law and the Administra 16 tive Code of the city of New York. 17 All bills reported directly for 18 third reading. 19 ACTING PRESIDENT KUHL: Bills are 20 received and reported directly to third reading. 21 Senator Bruno, we have a report 22 from the Finance Committee at the desk. Would 23 you like that read? 1 SENATOR BRUNO: Please -- please 2 read the report, Mr. President. 3 ACTING PRESIDENT KUHL: The 4 Secretary will read. 5 THE SECRETARY: Senator Stafford, 6 from the Committee on Finance, reports the nom 7 ination of Ambassador Charles A. Gargano of Bay 8 Shore, Commissioner of Economic Development. 9 Senator Stafford also reports the 10 nomination of Ambassador Charles A. Gargano of 11 Bay Shore, Director and President of the New 12 York State Urban Development Corporation. 13 ACTING PRESIDENT KUHL: The Chair 14 recognizes Senator Johnson on -- Senator Bruno 15 on the nomination. 16 SENATOR GOLD: Mr. President. 17 ACTING PRESIDENT KUHL: Senator 18 Gold, why do you rise? 19 SENATOR GOLD: Yeah, with deep 20 respect for my leader, I understand that the 21 Governor has called a leaders' meeting and I 22 know Senator Connor went down in response to 23 that, and he's been interested in this 1 nomination also. Is it possible to hold this 2 until you come back, Senator Bruno? I know you 3 certainly want to go to that meeting. 4 SENATOR BRUNO: I'm five minutes 5 late, Mr. President, and I don't like to be late 6 for meetings, as you well know. Are you talking 7 about this nominee or all nominees? 8 SENATOR GOLD: Oh, I think it's 9 just this nominee. Maybe you want to do the 10 others and come back? I don't know how long 11 that meeting will be. 12 SENATOR BRUNO: I would guess 13 that it'll -- Mr. President, it'll probably run 14 45 minutes to an hour, minimally. 15 SENATOR GOLD: I can spend that 16 much time if you want it on the other nominees. 17 SENATOR BRUNO: Do we have the 18 next nominee here? 19 SENATOR GOLD: Senator, I'm not 20 suggesting we don't work. I know how you want 21 to move it. I'm not suggesting that - 22 ACTING PRESIDENT KUHL: Senator 23 Bruno, the - 1 SENATOR BRUNO: We're going to 2 run through them now. 3 ACTING PRESIDENT KUHL: Senator 4 Bruno, the desk informs me that the reports from 5 the Finance Committee relative to, I think it's 6 three or four nominations are at the desk, if 7 that's of any help to you, sir. 8 SENATOR BRUNO: Why don't we read 9 the nominees that are at the desk, and we will 10 indulge Senator Gold in moving past the 11 ambassador presently and plan on coming back, 12 hopefully, within the hour. 13 SENATOR GOLD: I think that's a 14 gentlemanly accommodation, and I do appreciate 15 it, and I'm sure Senator Connor appreciates it. 16 SENATOR BRUNO: And I'm sure that 17 that will be reflected in his remarks on the 18 floor, Senator. 19 (Laughter) 20 SENATOR GOLD: I'm sure of it. 21 I'm sure of it. 22 ACTING PRESIDENT KUHL: Thank 23 you, Senator Bruno. 1 We'll have the Secretary read the 2 next nominee's nomination. 3 SENATOR BRUNO: Thank you, Mr. 4 President. 5 THE SECRETARY: Senator Stafford, 6 from the Committee on Finance, reports the 7 nomination of Richard E. Jackson, Jr. of 8 Peekskill as Commissioner of Motor Vehicles. 9 ACTING PRESIDENT KUHL: The Chair 10 recognizes Senator Leibell on the nomination. 11 SENATOR LEIBELL: Thank you very 12 much, Mr. President. 13 I'm greatly honored and pleased 14 to have the opportunity today to speak in behalf 15 of the nominee, Richard Jackson. 16 I think you already got a little 17 inkling about Richard Jackson from the fact that 18 his mother was here speaking this morning and 19 giving the prayer to this chamber. 20 Richard has been joined here 21 today by many of his friends and family from the 22 district. I would, of course, note that the 23 mother of our favorite son from Peekskill, 1 George Pataki, Mrs. Pataki, was here in the 2 chamber today, as well as the mayor of the city 3 of Peekskill and members of the city council. 4 Richard Jackson -- as I had an 5 opportunity to speak earlier this morning at the 6 Transportation Committee, I noted he's had a 7 distinguished career in two fields. He's had a 8 distinugished career as an educator, having 9 served as a teacher of mathematics in the 10 Peekskill School District from 1968 through the 11 end of last year. He's also had a distinguished 12 career in public service, his other career. 13 A brief read of Richard Jackson's 14 resume would tell you what he has been about as 15 a government official for the last many years, 16 from 1984 through 1991, serving as the mayor of 17 the city of Peekskill, deputy mayor of the city 18 of Peekskill from 1982 to '84 and again in 1993 19 through '94, councilman for the city of 20 Peekskill 1979 to 1984 and 1993 through '94, a 21 past board member of the Peekskill Housing 22 Authority from 1982 through 1984. He has served 23 in the county of Westchester's Board of Ethics 1 from 1984 through 1991 and chaired the Peekskill 2 Industrial Development Agency from 1985 through 3 1991. 4 These appointments have also been 5 coupled with his numerous activities in the 6 community, serving as a member of the Education 7 Committee of the Peekskill area NAACP, member of 8 the board of directors of the Peekskill Field 9 Library, member of the board of directors of the 10 United Way of Westchester and campaign chairman 11 for the Peekskill United Fund Drive. 12 We are here today on this nomina 13 tion to a very important position. Commissioner 14 of Motor Vehicles is one of our large depart 15 ments. It is certainly one of the departments 16 that receives a great deal of attention from our 17 constituents throughout New York State. It is a 18 high profile department. It's also a department 19 where the vision of Richard Jackson, both in 20 utilizing new technology and in new techniques 21 of administration will, I believe, bring great, 22 great credit to that department. 23 I have served in the state 1 Legislature -- this is the beginning of a 2 seventh term for me -- and the first term -- the 3 first time that I have had the opportunity to 4 speak on behalf of a nominee. I personally have 5 known Richard Jackson. I have worked with him. 6 I know of his outstanding record. 7 One of the truly great architects 8 of the revival of the city of Peekskill, he 9 brings to this very important public position in 10 this state, intelligence, dedication, energy, 11 integrity. There is really nothing more we 12 could ask for someone to put in a position of 13 such influence as these qualifications which 14 Richard Jackson brings to us today. 15 I know he's held in great 16 affection by the city of Peekskill and all of 17 its people. He has served them well over the 18 years and he will continue to serve all of the 19 people now of the state of New York. 20 Mr. President, I would like to 21 move the nomination of Mr. Richard Jackson to be 22 Commissioner of the Department of Motor 23 Vehicles. 1 ACTING PRESIDENT KUHL: The Chair 2 recognizes Senator Markowitz on the nomination. 3 SENATOR MARKOWITZ: Thank you 4 very, very much. 5 Admittedly, I don't know Mr. 6 Jackson very well, except that those that I 7 respect who, at one point resided in Peekskill, 8 tell me that he was the best mayor that 9 Peekskill ever had. Did I say anything wrong? 10 (Laughter) 11 I'm extremely impressed, not only 12 by his resume, but I don't go by paper; I go by 13 the feel, my feel of a person, and in meeting - 14 in meeting him and listening to his professional 15 background, his community affairs, I particular 16 ly note his activism with the NAACP -- and I 17 might add that that kind of dedicated, strong 18 leadership is needed now more than ever in that 19 organization and perhaps, after we confirm him, 20 that he'll be able to lend his considerable 21 talents both to the state and national efforts 22 of the NAACP -- but also that he is certainly an 23 individual who's ready to tackle one of the 1 state departments most used by the residents 2 that we all represent, that's for sure; and he 3 is up to the new technologies. He has ideas 4 about how he's going to implement programs to 5 make our Department of Motor Vehicles that much 6 more responsive, user friendly, in our current 7 terminology, user friendly to the residents of 8 New York. 9 I have to say that we did speak 10 for more than an hour. He didn't rush me up one 11 bit. He didn't care that I was a Democrat or 12 Republican. I want the Commissioner to know that 13 in two years, they'll be begging for Democrats 14 again, so it's good that you didn't rush up a 15 Democrat, but that in listening to you and your 16 courtesy, your generosity of time, genuine 17 interest, that's what it takes to be a great 18 commissioner of this very important department 19 of New York State. 20 So I'm very delighted to lend my 21 voice and to confirm that this, I believe, is an 22 excellent appointment, and I know on behalf of 23 the residents of my community, I will look 1 forward to working with our commissioner in this 2 department and its work. 3 Thank you. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Smith on the nomination. 6 SENATOR SMITH: Thank you, Mr. 7 President. 8 I, too, am very pleased to rise 9 to second the nomination of Richard E. Jackson, 10 Jr. I have not had the pleasure that Senator 11 Leibell has had of knowing him for a long time, 12 but in the short period of time that I have had 13 the pleasure of knowing him, I have found him to 14 be an outstanding individual and I know that 15 because of his caring, the caring for his family 16 and the caring for the people of the state of 17 New York, that he will do a wonderful job as the 18 Commissioner of the Division of Motor Vehicles. 19 In interviewing him for this 20 position, we found that he had new ideas, 21 innovative ideas which will only redound to the 22 benefit of all of all our constituents, and 23 that's why I'm very pleased to be one of those 1 who seconds his nomination. 2 Thank you. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Levy on the nomination. 5 SENATOR LEVY: Thank you very 6 much, Mr. President. 7 I'm just delighted to rise with 8 my colleagues to join in moving the nomination 9 of Richard Jackson. 10 I hadn't met him until after he 11 was nominated by the Governor, but since then I 12 have met with him. I have talked to him, and he 13 certainly, in a very, very short period of time, 14 has developed an unusual command of knowledge 15 about the Department of Motor Vehicles. He has 16 plans to make this department more consumer 17 responsive. 18 I commend the Governor on this 19 appointment. I know that Richard Jackson will 20 be an outstanding commissioner and an 21 extraordinary leader. 22 Thank you very much. 23 ACTING PRESIDENT KUHL: Senator 1 Oppenheimer on the nomination. 2 SENATOR OPPENHEIMER: Thank you. 3 Well, Richard Jackson is a fellow 4 Westchester mayor, and I would second what was 5 said earlier. There is -- if you speak to any 6 of the residents of that community, one of the 7 things that you will hear as a constant is that 8 they all miss him very much and wish that he 9 could have been installed forever in that 10 position because he did such a beautiful job and 11 related so beautifully to all the people, and 12 his concern for all of the people was so 13 apparent to everyone. 14 He's a very thoughtful man, a 15 calm man, a soft-spoken man, but someone that 16 conveys the importance he assesses to listening 17 to everyone on trying to respond to what those 18 needs are of the people. 19 I was very, very pleased to see 20 how quickly, in the space of only a matter of 21 weeks, he has acquired so much knowledge about 22 the DMV and, I mean, we should have expected 23 it. We know him to be bright, but he really did 1 a magnificent job as far as picking up all the 2 pieces of this department and understanding them 3 very, very intimately. 4 I would say that I think some 5 thing that's important for the Commissioner of 6 the Department of Motor Vehicles is that he be a 7 people person, and while I know Richard is going 8 to do a beautiful job as far as the technology 9 -- I mean, he was talking way above my ahead 10 technologically, but I think his real strength 11 and skill is going to be his ability to 12 communicate with people and I think that of all 13 of our commissionerships, I think the Department 14 of Motor Vehicles needs that most because it has 15 the most contact with the public. 16 So I wish Richard very well. I 17 know he's going to make us all very proud, and 18 I'm very happy to second his nomination. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson on the nomination. 21 SENATOR PATERSON: Thank you, Mr. 22 President. 23 I went to Peekskill in 1988 where 1 I visited the local chapter of the NAACP, and in 2 speaking at that point and getting to know some 3 of the people in Pittsburgh, I was told of 4 Richard Jackson. Next time I heard about him 5 was when he was a council member in 1993 but 6 never got the opportunity to meet Mr. Jackson 7 until this week, but as is so often the case in 8 this chamber, it's people that you know and 9 people that you respect who tell you a lot about 10 individuals, their accomplishments, their 11 ability, as Senator Oppenheimer just referred to 12 his abilities with people and his interaction 13 with individuals, and I think it's a credit to 14 the Governor and a credit to this state that he 15 will be serving as our Motor Vehicle 16 Commissioner. 17 And, of course, it's a rare 18 opportunity for me to demonstrate what I think 19 would be a good government aspect of my 20 personality since I have been accused of not 21 always having one, but just to show that I 22 really am a fair person and also to show that 23 I'm a person that really doesn't hold any 1 grudges in spite of the fact that the New York 2 State Department of Motor Vehicles has never 3 granted me a driver's license, I will support 4 this nomination and will vote for Mr. Jackson. 5 Thank you. 6 ACTING PRESIDENT KUHL: Senator 7 Waldon on the confirmation. 8 SENATOR WALDON: Thank you very 9 much, Mr. President. 10 I am honored, indeed, to rise and 11 second the nomination of Richard Jackson, 12 someone whom I've only recently met. My reasons 13 for looking forward to his service as 14 Commissioner at DMV are manifold, but let me 15 just share a few thoughts. 16 He was a great athlete, and I 17 think there's a saving grace in those who want 18 to be public officials and having had some 19 experience in understanding the ecstasy of 20 victory and the agony of defeat. It tempers 21 one. You don't get too high when things are 22 going well and you don't get too low when things 23 are going bad, and let me asure you, Mr. 1 Commissioner, to be -- that -- in this position 2 that you are in, where people go ballistic quite 3 often when they're not serviced in a manner that 4 they anticipate, you need not to overreact or 5 underreact; you need to be a person who is very 6 even tempered. 7 Secondly, I had the good fortune 8 to meet with Mr. Jackson and to chat with him 9 only briefly, but those of us who are in public 10 life often do a thing that is called a "gut 11 check". We make an assessment of someone almost 12 instantaneously, based on the vibrations we 13 receive from that person. In that evening in 14 the Omni that I met him and chatted with him for 15 a few minutes, I felt very positive about this 16 man and felt very positively about his potential 17 to serve in this administration. 18 Lastly, I am very happy and 19 pleased that he will be the commissioner because 20 of his family background and because of who he 21 is as a person in terms of his math background. 22 Someone who has to handle DMV has to understand 23 numbers and has to understand the technology 1 that is existent today to cause those files and 2 applications to hum and go through the system 3 with as little consternation as possible. 4 And for all of those reasons, I 5 believe that Richard Jackson will make a marvel 6 ous commissioner. I applaud the Governor's 7 choice. I applaud his family for having had the 8 wisdom to have him and stick with him, and I 9 wish you well, sir. All the best. 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Mendez. 12 SENATOR MENDEZ: Mr. President, I 13 also rise in support of the nomination of Robert 14 Jackson for Commissioner of the motor vehicle 15 agency, and it certainly is a credit to the 16 Governor in submitting this talented and 17 bright - 18 ACTING PRESIDENT KUHL: Senator, 19 excuse me just a minute. May we have some quiet 20 in the chamber? None of us at the desk can hear 21 the Senator speak. This is an important nomin 22 ation; certainly you deserve respect, Senator. 23 We hope our colleagues will give it to you. 1 Thank you. 2 SENATOR MENDEZ: Thank you. 3 Thank you, Mr. President. 4 As I was saying, most -- I, too, 5 like most of my colleagues today that have 6 spoken on behalf of the nomination of -- of 7 Robert Jackson, also have met him during this 8 week. I was fortunate to meet with him and 9 spoke to him for a little while, and I was 10 highly impressed by his intelligence, his clear 11 thinking, his way of relating to people, and 12 also how dedicated he has been studying that 13 agency and the kinds of new directions that he 14 wants to give to that agency. 15 For example, he's looking for New 16 York State to increase its revenues by having 17 little offices in various places, and already he 18 knows -- he cited a study in which revenues 19 increase in smaller offices than in large, large 20 offices, and people, then, are also more 21 satisfied with a more informal small office 22 where they could reach without having to travel 23 long distances and also without having to wait 1 in those long, long lines. 2 His political career has been 3 incredible and he has performed so very well, 4 I'm told by people who reside in the area, that 5 everybody loves the guy over there in Peekskill, 6 and that's why I can very well understand how he 7 has been so successful, so -- because he's 8 competent, because he's bright, because he's 9 working hard in that agency and will bring about 10 certain changes that are necessary. 11 I think that all of our 12 constituents in the entire New York State are 13 going to be wonderfully satisfied with this new 14 commissioner. 15 So, Mr. Jackson, lots of luck - 16 good luck. You're going to be wonderful in your 17 new job. 18 ACTING PRESIDENT KUHL: Is there 19 any other Senator wishing to speak on the 20 confirmation? 21 (There was no response.) 22 Hearing none, the question is on 23 the confirmation of the nominee, Richard E. 1 Jackson, Jr. to serve as Commissioner of Motor 2 Vehicles. All those in favor signify by saying 3 aye. 4 (Response of "Aye".) 5 Opposed, nay. 6 (There was no response.) 7 The confirmation is confirmed. 8 Commissioner Jackson, 9 congratulations. 10 (Applause) 11 The Secretary will continue to 12 read the nominations. 13 THE SECRETARY: Senator Stafford, 14 from the Committee on Finance, reports the 15 nomination of Neil D. Levin of New York City as 16 Superintendent of Banks. 17 ACTING PRESIDENT KUHL: The Chair 18 recognizes Senator Goodman on the confirmation. 19 SENATOR GOODMAN: Mr. President, 20 it is a special privilege and a pleasure for me 21 today to place a nomination before our body, the 22 name of Neil D. Levin, who comes to us with an 23 exceptional background and is superbly equipped 1 for the job of Banks Superintendent. 2 Just a quick overview of Mr. 3 Levin's qualifications is most persuasive. 4 First of all, he was a graduate of Lafayette 5 College, C.W. Post Graduate School of Business, 6 where he received an M.B.A. in finance, and the 7 Hofstra University School of Law. 8 Immediately upon graduation from 9 law school, he was recruited by United States 10 Senator Alfonse D'Amato to serve in Washington, 11 D.C. as his legislative assistant. There he was 12 responsible for advising on issues relating to 13 securities, banking and insurance. He 14 represented the Senator in the Senate Banking 15 Committee legislative drafting sessions, 16 including those pertaining to the substantial 17 issues of depository institutions active in 18 1982. 19 Following that, he was in the 20 United States Senate Banking, Housing and Urban 21 Affairs Committee in Washington, where his 22 worthy responsibilities included advising 23 committee members, drafting legislation and 1 planning hearings on specific issues pertaining 2 to insider trading, corporate takeovers, 3 regulation of the government securities market 4 and authorization and oversight of the SEC, the 5 Securities and Exchange Commission. 6 From there he went to the private 7 sector with one of the best known and most 8 prestigious of the Wall Street investment 9 banking firms, Goldman Sachs & Company. There, 10 he was responsible for providing investment 11 banking services to federal agencies including 12 "Fannie Mae", "Freddie Mac", "Sallie Mae", the 13 Resolution Trust Corporation, United States 14 Postal Service. Additional responsibilities 15 included the development of Goldman Sachs' 16 business in the state of Israel. 17 He was the vice-president of the 18 mortgage finance -- Vice-President for Mortgage 19 Finance is the title which he was given at 20 Goldman Sachs, and in that capacity, it's quite 21 evident that with that firm with its enormous 22 reach and responsibility, he was called upon to 23 assume some very weighty and indeed significant 1 responsibilities himself. 2 Mr. President, let me just say 3 that the job of Banks Superintendent is a highly 4 sensitive one. We've all been recently aware of 5 the debacle with respect to the savings and loan 6 industry in the United States and the immense 7 complexity of the Argentina, Brazil and Chile 8 problems with their faltering loans. All of 9 these international events and many national and 10 state events have a direct impact upon the 11 responsibilities of the Banks Superintendent 12 because at the end of the day, it is he who is 13 responsible for the soundness of our state 14 chartered banks and our banking system here in 15 the state of New York. 16 It is for that reason that I take 17 particular pride and special comfort in knowing 18 that Neil Levin, a man for whom I have had great 19 personal regard over many years of a personal 20 friendship, has been called upon by the Governor 21 to assume this great responsibility. 22 Mr. President, it's with a good 23 deal of pride that I present this name to you 1 and nominate him for this post. 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Farley on the confirmation. 4 SENATOR FARLEY: Thank you, Mr. 5 President. 6 It's always difficult to follow 7 Senator Goodman, but let me just say in the 19 8 years that I have been here on the Banking 9 Committee the entire time, I've seen a lot of 10 banking superintendents confirmed. None comes 11 through better qualified than Neil Levin. 12 New York State is still the 13 financial center of the world. It's one of our 14 premiere industries; our banks are the finest in 15 the nation, and this young man of boundless 16 energy and superb preparation is committed to 17 the dual banking system. He's committed to 18 promoting the New York State charter. He has a 19 working relationship with the banking industry 20 and a legislative training which is refreshing. 21 It's with a great deal of 22 enthusiasm and pride that I support the 23 nomination of Neil Levin as Superintendent of 1 Banks. I look forward to working with him in 2 New York State, and the Governor is very 3 fortunate to have somebody of his caliber as our 4 superintendent. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Maltese on the confirmation. 7 SENATOR MALTESE: Mr. President, 8 I rise to second the nomination of Neil Levin. 9 In the 14 years that I have come 10 to know him, in those years he has served in 11 most responsible positions in the federal 12 government, in private industry. It's almost as 13 if you were looking to provide a background some 14 14 or 15 years ago that would well suit him for 15 this most high and critical position, you would 16 have given him exactly the same training and 17 background. His education, his intelligence 18 and, most of all, his integrity will suit him 19 well in this position. 20 As Senator Goodman and Senator 21 Farley have said, this is a position with 22 awesome responsibilities, and the welfare and 23 credit standing of our state rests in many 1 instances on his shoulders. 2 I commend the Governor for this 3 wonderful appointment and wish the nominee 4 well. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Skelos on the confirmation. 7 SENATOR SKELOS: Thank you very 8 much, Mr. President. 9 I'm delighted to stand up and 10 speak on behalf of my friend, Neil Levin, who 11 may have moved to Senator Goodman's district but 12 received his education, his upbringing and his 13 fine character that he has in my senatorial 14 district growing up in Atlantic Beach. 15 The credentials are there. He's 16 a wonderful choice by the Governor, but I know 17 how proud his father is. I think his father, 18 Marty, may be down south enjoying the warmer 19 weather, but Marty is just a wonderful, 20 wonderful human being. I know what a good 21 father he has been to Neil, to his entire 22 family, encouraging them to participate, not 23 just in the private sector but to give back a 1 bit by being active in public affairs, as Neil 2 has over the years working for Senator D'Amato, 3 working in Washington and now as our 4 Superintendent of Banks. 5 So, Neil, I congratulate you. My 6 wife says that I have to be a little bit more 7 active in finding you a wife now because you are 8 single and, as you move up, you know, we have to 9 settle you down a little bit. But he's a great 10 choice. I know his brother is here. We're 11 proud of you, and I know -- I guess your father 12 right now, if he was sitting here, would have 13 tremendous nachas; and, Neil, I salute you. 14 ACTING PRESIDENT KUHL: The Chair 15 recognizes Senator Montgomery on the 16 confirmation. 17 SENATOR MONTGOMERY: Thank you, 18 Mr. President. 19 Unlike Senator Skelos, I can't 20 talk about how long I've known this nominee or 21 how well I know him. Except from his excellent 22 qualifications, I don't know him, but I was 23 impressed by the fact that when he was asked 1 about his intentions and his -- his desire to 2 look very specifically at ways in which he could 3 use his position as Superintendent of Banks to 4 encourage and enable the commercial institutions 5 in our state to be more supportive of small 6 minority/women-owned businesses in the 7 neighborhoods throughout the state, he was very 8 emphatic about it and excited about the 9 possibility of being able to do that and has had 10 experience specifically around those kinds of 11 issues and, of course, we all know how important 12 that is to the creation of jobs and to improving 13 the vitality, the economic development and 14 vitality in the neighborhoods and districts 15 throughout the state, especially in those like 16 mine. 17 So I am very pleased to be able 18 to rise and speak to his nomination and look 19 forward to working with -- with him, with you as 20 you try to use your position as many of the 21 other agency heads will be doing to stimulate 22 the growth in the area that is most needed in 23 our state, and that is our economy. 1 Thank you, Mr. President. 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Leichter. 4 SENATOR LEICHTER: Thank you, Mr. 5 President. 6 I think the Governor has given us 7 an exceptionally well-qualified nominee, and I'm 8 really delighted to get up and second his 9 nomination. 10 I also want to do so to point out 11 that, while I may have been less than enthus 12 iastic about some of the Governor's nominees, 13 that I certainly find in Neil Levin that he's 14 given us a Superintendent of Banks with an 15 excellent background, a good understanding of 16 the industry, and I think also a good under 17 standing of the Legislature, and I want to 18 express my appreciation. 19 He took the time to come to see 20 me, to speak to me. I guess there's a value and 21 benefit for having worked for the Legislature 22 and understanding how legislators act, and I'm 23 sure we're going to have a very, very good 1 relationship with him. Senator Farley has a 2 good relationship with everybody, every 3 superintendent. 4 But I think it is important be 5 cause, obviously, the industry is very important 6 and I think that a lot of issues that we face, 7 one that I've raised with the Superintendent - 8 I think we can call him Superintendent since his 9 confirmation is imminent -- is the need to 10 provide banking services for all our people and 11 the loss of branches and banking facilities in 12 many of our communities and neighborhoods, and 13 he was very responsive and sensitive to the 14 problem. 15 I just want to point that out as 16 an indication of what a -- I think, an excep 17 tionally perceptive superintendent we have. We 18 were discussing the Mexican peso crisis and its 19 impact on New York, the financial institutions, 20 and we were discussing at that time the plan of 21 President Clinton for the assistance of the $40 22 billion, and he expressed how he would do it, 23 which actually was pretty much the way that it 1 then came to be done through the IMF. So it was 2 just a further indication to me that we have 3 somebody who's going to be an outstanding 4 superintendent, and I second the nomination. 5 ACTING PRESIDENT KUHL: Is there 6 any other Senator wishing to speak on the 7 confirmation? 8 (There was no response.) 9 Hearing none, the question is on 10 the confirmation of Neil D. Levin to the 11 position of Superintendent of Banks. All those 12 in favor signify by saying aye. 13 (Response of "Aye".) 14 Those opposed, nay. 15 (There was no response.) 16 The confirmation of the nominee 17 is confirmed. 18 Congratulations, Superintendent 19 Levin. 20 (Applause) 21 The Secretary will read. 22 THE SECRETARY: Senator Stafford, 23 from the Committee on Finance, reports the 1 nomination of Edward J. Muhl of New York City as 2 Superintendent of Insurance. 3 ACTING PRESIDENT KUHL: The Chair 4 recognizes Senator Velella. 5 SENATOR VELELLA: Mr. President, 6 it's my pleasure this afternoon to present 7 before this body the name of Edward J. Muhl for 8 consideration as Superintendent of Insurance. 9 His qualifications certainly are 10 on both sides of both the regulatory part of the 11 insurance industry and the practical experience, 12 having worked in many of the major companies 13 throughout this country. 14 He has served as the 15 Superintendent of Insurance in the state of 16 Maryland and is president of the National 17 Association of Insurance Commissioners, which is 18 a national organization in this country which 19 has really grown a great deal and has 20 representatives of every insurance commissioner 21 in the states. 22 Certainly, some of my recent 23 involvement with that association leads me to 1 believe that New York State will have a more - 2 more active role to play in opening up that 3 association, and I am sure that Mr. Muhl looks 4 forward to working out the differences between 5 this state and the National Association Of 6 Insurance Commissioners. 7 He is chairman of the board of 8 directors of the Motor Vehicle Accident Indemni 9 fication Corporation of New York. He is a mem 10 ber of the board of directors of the Insurance 11 Federation of New York. Some of his memberships 12 and affiliations include the board of directors, 13 Insurance Federation of Pennsylvania; board of 14 trustees, Maryland Auto Insurance Fund; board of 15 directors, North Carolina Guarantee Association 16 and Rates Bureau; board of trustees, the 17 National Association Against Drunk Drivers. 18 He's part of a Congressional 19 insurance advisory committee, has worked with 20 the board of directors of the Ohio Medical 21 Practice Joint Underwriting Association and has 22 worked for several of the largest insurance 23 companies in this country. I think it's a great 1000 1 privilege for the state of New York to be able 2 to obtain a person with such national experience 3 and experience in the industry to help rebuild 4 the insurance business in this state. 5 He's accompanied today by his 6 wife Joan, who is in the balcony with him, and 7 it is my pleasure to advance his name on behalf 8 of the Senate Majority as Superintendent of 9 Insurance in the state of New York. 10 ACTING PRESIDENT KUHL: The Chair 11 recognizes Senator Solomon on the confirmation. 12 SENATOR SOLOMON: Thank you, Mr. 13 President. 14 I would like to second the nom 15 ination of Edward Muhl. I have spoken to Acting 16 Superintendent -- or Superintendent Muhl on 17 numerous occasions regarding particular problems 18 that we have in New York State, including 19 problems with the NAIC, which has taken away the 20 accreditation of the New York State Insurance 21 Department, even though it's recognized as the 22 premiere department in the United States today, 23 and he has assured me that he intends to agree 1001 1 with the position that Senator Velella had 2 originally put forth that, in fact, the 3 Legislature really is the body that passes rules 4 -- or passes laws, not the NAIC telling the 5 Legislature what laws to pass, and I think 6 that's a very important consideration regarding 7 New York State and its current position in 8 insurance regulation, still as the center of the 9 insurance industry in the country. 10 We've also talked about numerous 11 situations, including the fact that we have Home 12 Insurance located in New York City which has 13 approximately 3,000 jobs, and hopefully, we're 14 going to be able to maintain those jobs in the 15 takeover of Home by Zurich. 16 I do agree with Senator Velella. 17 I think Ed Muhl is eminently qualified for this 18 position, being a superintendent in the state of 19 Maryland, being former president of the NAIC, 20 even though when that came before the committee, 21 I was not sure whether that would be a plus in 22 our current fight with the NAIC in the way 23 they've treated the state of New York, and I 1002 1 think he realizes that he has a daunting task in 2 front of him, starting off this week and next 3 week with the problems Blue Cross/Blue Shield 4 has with its pending rate increse and the 5 pending problems that they have with their - 6 the fact that they, in fact, may be decertified 7 by the national organization in Chicago, and I 8 think Mr. Muhl will meet the tasks that he has 9 before him, and I look forward to working with 10 him on this and a number of other issues, and 11 I'm glad that he will be receptive to all 12 legislators and the people of the state of New 13 York. 14 Thank you. 15 ACTING PRESIDENT KUHL: Is there 16 any other Senator wishing to speak on the 17 confirmation? 18 Senator Leichter. 19 SENATOR LEICHTER: Yeah, Mr. 20 President. I intend to vote for the 21 confirmation, but I want to put something on the 22 record because I think it's very important. 23 This is a matter that has been 1003 1 gone into in the Insurance Committee, was raised 2 in the Finance Committee and it's been in the 3 press. There's pending before the Insurance 4 Department a matter involving the Reliance 5 Insurance Corporation -- I'm sorry, Relied 6 Insurance Corporation. I may not have the name 7 perfectly correct, but it's Reliance, for whom 8 Mr. Muhl either worked directly or he worked for 9 Mr. Steinberg, who is the owner of the Reliance 10 Group of companies. 11 The matter pending before the 12 Insurance Department involves an issue of 13 liquidation of two Reliance companies, and 14 there's a substantial payment or substantial - 15 I don't know whether penalty or fine is the 16 correct word or if it's an assessment, that the 17 Department intends to make against Reliance. 18 That matter is pending and will have to be 19 determined by the Department. 20 Now, Mr. Muhl, coming from his 21 background with his association with Mr. 22 Steinberg has rightly said, "I cannot make that 23 determination. I will recuse myself," but 1004 1 unfortunately, he said, "I'll let my deputy do 2 it." Now, the deputy happens to be someone who 3 worked for the Senate, I think a very bright, 4 very able person of high integrity, but it is so 5 important to build a firewall between the 6 Superintendent and that decision and, clearly, 7 just saying, "Well, the deputy who I appoint and 8 who reports to me is going to make that decision 9 and not me," is just insufficient. That's even 10 more so, because Mr. Steinberg was one of the 11 largest campaign contributors to Governor 12 Pataki, to Senator D'Amato, and I think all 13 sorts of issues, questions. Are going to be 14 raised, and I said to Mr. Muhl at the Senate 15 Finance meeting, we may end up with a 16 determination that is the best determination 17 possible, but people will look at it and say, 18 "Well, wait a second. Was that influenced in 19 some ways by the relationship that the 20 Superintendent had to the -- to Mr. Steinberg 21 and to Reliance?" 22 There's an easy way out of it, 23 and that is to pick an independent person to 1005 1 make that determination. That could be somebody 2 appointed as a special deputy for this purpose. 3 You could pick the former Superintendent of 4 Insurance to do it, but to rely on the deputy 5 that you appoint and who works for you to make 6 that decision is not the firewall that's 7 needed. 8 So I -- I will vote for the 9 confirmation, but I strongly urge Mr. Muhl - 10 and I want it publicly understood that there is 11 a way that this matter can be handled in the 12 public interest, and to do anything else would 13 be, I think, unfair to the people of the state 14 of New York, would frankly be unfair to the 15 Governor. So in voting, as I do, for the 16 confirmation, I really urge this very strongly 17 on the nominee. 18 ACTING PRESIDENT KUHL: The Chair 19 recognizes Senator Larkin on the confirmation. 20 SENATOR LARKIN: Mr. Speaker, I 21 rise in support of this nominee -- Mr. 22 President. I forgot. I served in the other 23 house so long, Randy. 1006 1 ACTING PRESIDENT KUHL: Another 2 time, another place. 3 SENATOR LARKIN: I rise in 4 support of this nomination. You know, I just 5 heard my colleague, Franz Leichter, talk about 6 the firewall and all of the rest, but I heard 7 Mr. Muhl clearly enunciate how he would handle 8 the situation. As far as I'm concerned, when 9 you look back at Mr. Muhl's career -- I have 10 known him for over 15 years -- he's a man of 11 clear, high integrity. He is well-known through 12 the industry. 13 Yes, some of us know his 14 background with the NAIC, but here's a man who 15 knows the industry, will be able to work with 16 us, for us, for the people of the state of New 17 York. He has clearly stated that he would give 18 this job to his deputy to look at certain of 19 these things, and if there appeared to be a 20 problem or conflict, he would resolve it with 21 another independent individual. 22 I think we've picked -- the 23 Governor has picked an individual who is clearly 1007 1 in the best interest of us, the people of the 2 state of New York, and I support his nomination. 3 ACTING PRESIDENT KUHL: Senator 4 Leibell on the confirmation. 5 SENATOR LEIBELL: Yes, Mr. 6 President. Briefly, I rise also in support of 7 this nomination. I had the opportunity over the 8 course of many years in the other house to serve 9 on the Insurance Committee, in fact, for all my 10 time there, for six terms and now in this 11 committee, in the Senate. 12 I have seen a number of 13 superintendents throughout the years. I have 14 had the opportunity to meet with the nominee, to 15 hear his concerns with the issues that confront 16 the industry and our constituents. I have had 17 the opportunity to take a close examination of 18 his resume. I can congratulate the Governor for 19 submitting this name to us for consideration. 20 I'm convinced that Mr. Muhl is going to be an 21 excellent superintendent, a great superintendent 22 in terms of the industry, as well as in terms of 23 our constituents and their insurance needs. 1008 1 Thank you very much. 2 ACTING PRESIDENT KUHL: Is there 3 any other Senator wishing to speak on the 4 confirmation? 5 (There was no response.) 6 Hearing none, the question is on 7 the confirmation of the nominee, Edward J. Muhl 8 to become Superintendent of Insurance. All 9 those in favor signify by saying aye. 10 (Response of "Aye".) 11 Opposed, nay. 12 (There was no response.) 13 The confirmation is confirmed. 14 Congratulations, Superintendent 15 Muhl. 16 (Applause) 17 ACTING PRESIDENT RATH: The 18 Secretary will -- the Secretary will read. 19 THE SECRETARY: Senator Stafford, 20 from the Committee on Finance, reports the 21 nomination of John Francis O'Mara, as a member 22 of the Public Service Commission. 23 ACTING PRESIDENT RATH: The Chair 1009 1 recognizes Senator Kuhl on the confirmation. 2 SENATOR KUHL: Yes, Madam 3 President. It's my privilege, indeed an honor, 4 to be able to stand before you to second the 5 nomination of the Governor of John Francis 6 O'Mara to the position of member of the Public 7 Service Commission. 8 John O'Mara is not only a friend 9 and a constituent but also he is what we know in 10 the local district as Mr. Government. John has 11 had a varied background, went to school at 12 LeMoyne College, graduated from Cornell Law 13 School and has a very interesting job 14 experience. Among other things, John served in 15 the position of judge of the Court of Claims 16 back in the early '70s. He's also been a 17 Chemung County District Attorney, a Chemung 18 County attorney. He's worked in the Department 19 of Law, been a confidential law clerk to a 20 Supreme Court justice, done work as a village 21 justice, a town justice, been a town attorney on 22 several occasions. Now, one might question as 23 to whether or not John could hold a job or 1010 1 whether or not he just has a varied experience. 2 I can assure you that this man 3 knows as much as anybody who's ever been in 4 state or local government, and so it's with a 5 great deal of privilege, as I said, and an honor 6 for me to support the nomination of John Francis 7 O'Mara to the position of a member of the Public 8 Service Commission. 9 Don't, for instance, think that 10 this man cannot help your constituents by 11 lowering the utility rates, because if anybody 12 can, John can. He's charged with a tremendous 13 responsibility by the Governor, and that is to 14 undertake the responsibility of certainly 15 reorganizing, looking at the Public Service 16 Commission in a way that will make all of us 17 proud and certainly will be beneficial to the 18 economic development of businesses here in New 19 York. 20 So, John, my congratulations to 21 you on the nomination, your wife Ann and, Madam 22 President, I move the nomination. 23 ACTING PRESIDENT RATH: Thank 1011 1 you, Senator Kuhl. 2 The Chair recognizes Senator 3 Seward on the confirmation. 4 SENATOR SEWARD: Thank you, Madam 5 President. 6 I also want to rise to support 7 the nomination of John F. O'Mara to be a member 8 of the Public Service Commission and also to 9 congratulate the Governor on making an 10 outstanding choice. 11 As Senator Kuhl, Judge O'Mara's 12 home Senator, has outlined, Judge O'Mara has a 13 most impressive record of service. He appeared 14 before our Energy Committee last week and won 15 the unanimous recommendation of the Committee. 16 This is a very critical time for the -- the 17 utilities of New York State and our rate payers 18 of New York State. 19 On the power side of the 20 equation, our high electric rates have, I'm sad 21 to say, contributed to the fact that New York 22 State is less than it should be in terms of 23 being competitive with other states, in terms of 1012 1 developing new jobs and keeping the jobs that we 2 have in New York State, and our electric 3 utilities are poised to enter a new era of 4 competition in terms of electric service in this 5 state. 6 On the telecommunications side, 7 of course, our telephone companies and our cable 8 TV companies are also poised to compete for 9 customers. This is very much a time of change 10 when it comes to our electric utilities and our 11 telecommunication industries in New York State. 12 For these reasons alone, it is no 13 longer business as usual over at the Public 14 Service Commission. We must have new policies 15 and we must break new ground, and I have every 16 confidence that Judge O'Mara, as a member of the 17 Public Service Commission, has the right 18 combination of intelligence, integrity and 19 independence to tackle the very serious 20 challenges that lie ahead. He also has a very 21 keen awareness that the Public Service 22 Commission, through its policies, can contribute 23 to the economic revival of New York State. 1013 1 So, for all of these reasons, I'm 2 very pleased to stand in support of this 3 nomination and to congratulate Judge O'Mara as 4 being named to the Public Service Commission. 5 ACTING PRESIDENT KUHL: The Chair 6 recognizes Senator Nozzolio on the confirmation. 7 SENATOR NOZZOLIO: Thank you, Mr. 8 President, my colleagues. 9 I rise in support of this 10 nomination and, Mr. President, I think you said 11 it best when you said it is, in fact, an honor 12 to speak in behalf of someone who, throughout 13 his career in public service, has served in such 14 an honorable fashion. 15 Mr. President, not a day goes by 16 when a business doesn't come to one of our 17 offices to discuss why it is going to leave New 18 York State. It says it is having trouble, not 19 just with taxes and regulation, but citing very 20 frequently, if not always, the high cost of 21 utilities in damaging the competitiveness of the 22 manufacturing and commercial sectors of this 23 state. 1014 1 John O'Mara is an individual that 2 I believe is so uniquely qualified to serve as 3 Commissioner of Public Service, that he will 4 seek to make our businesses competitive once 5 again, to help them in their quest to be managed 6 well, to have utility rates that put them in 7 line with other states and, unfortunately, our 8 rates have gotten so far out of line with other 9 states. 10 It is, indeed, Mr. President, an 11 honor to speak on behalf of this nomination. I 12 encourage all my colleagues to join in support 13 of this fine nomination and, most importantly, 14 wish this new Public Service Commissioner all 15 the luck in this great quest. 16 ACTING PRESIDENT KUHL: The Chair 17 recognizes Senator Libous on the confirmation. 18 SENATOR LIBOUS: Thank you, Mr. 19 President. 20 I, too, rise to support the 21 nomination of a friend of the Southern Tier in 22 John O'Mara. 23 Although I did not really get to 1015 1 know John until most recently, I have a cousin 2 who is also a local attorney back home and who 3 would frequently have to deal with John on 4 different things, and when I asked him about 5 John O'Mara, I said, "What kind of guy, what 6 kind of person is he?" and my cousin would say 7 that John O'Mara is a tough negotiator, he's 8 fair, and you always know where he stands. 9 I think, Mr. President, we're 10 putting John O'Mara on the Public Service 11 Commission at a time when we need someone with a 12 great degree of professionalism, someone who 13 needs to really roll up his sleeves and get to 14 the bottom of some of the problems that some of 15 my colleagues have mentioned -- because indeed 16 the Public Service Commission, in my opinion, 17 needs a lot of work -- at a time when businesses 18 are leaving the state and certainly at a time 19 when we're doing everything we can to try to 20 protect the people and the consumers of this 21 state. 22 So, Mr. President, it is indeed 23 an honor and a privilege for me to second the 1016 1 nomination of John O'Mara to the Public Service 2 Commission, and Governor Pataki has sent us a 3 real professional for this job. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Volker on the confirmation. 6 SENATOR VOLKER: I would like to 7 also reiterate the comments of my colleagues. 8 I've known John O'Mara for some 9 time, but I have come to know him in the last 10 several months on a much more intimate basis, as 11 we have been dealing with a number of issues in 12 the criminal justice area and, as I said, having 13 come from Chairman of Energy to Chairman of 14 Codes, Criminal Justice, I know how easily 15 criminal justice people can go from one to the 16 other, so I would just like to say that John is 17 certainly one of the most competent and 18 conscientious people that I have met in Albany, 19 and having known a little bit about the Public 20 Service Commission in my prior years as Chairman 21 of Energy, there's no question in my mind that 22 his knowledge and understanding of energy and 23 business will put him in great stead as a 1017 1 Commissioner on the Public Service Commission. 2 I wish him the best of luck, and 3 think it's a great appointment by the Governor. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Dollinger on the 6 confirmation. 7 SENATOR DOLLINGER: Mr. 8 President, I'll be very brief. 9 I also rise to commend Governor 10 Pataki for this nomination. I commend John 11 O'Mara. As I said in the Energy Committee, I 12 once litigated him in a somewhat protracted 13 proceeding. To clarify for Senator DeFrancisco, 14 I was ahead on points when we settled the case, 15 but I just -- I think it's important to 16 recognize that this is someone who has combined 17 a life in politics with a life as a lawyer. His 18 reputation is large enough from the Southern 19 Tier that it's made its way to Rochester, and I 20 think this is a good lawyer, a good mind and 21 will be a good addition to the Public Service 22 Commission. 23 ACTING PRESIDENT KUHL: Is there 1018 1 any other Senator wishing to speak on the 2 confirmation? 3 Senator Maltese on the 4 confirmation. 5 SENATOR MALTESE: Mr. President, 6 I rise also to second the nomination of John 7 O'Mara. 8 I think the fact that he left 9 the, in a way, cloistered life of a Court of 10 Claims judge to continue in public service says 11 something about the man. The fact that he has 12 been recognized by his peers in so many 13 different ways, appointed by a Democratic 14 governor to positions of trust, serving as a 15 member of a judicial screening panel for Senator 16 D'Amato where I've come to know him, John can 17 always be depended upon to go long distances, 18 spend late hours in the consideration of 19 judicial nominees, always be there despite the 20 fact that many of the meetings took place in the 21 city of New York, coming a long distance from 22 western New York, to give his opinion. 23 His searching questions bespeak 1019 1 his knowledge of law enforcement, his background 2 as a district attorney and with various 3 positions of trust, with trial lawyers and 4 attorney associations, tell us the type of man 5 he is. He's a no-nonsense, tough negotiator, as 6 has been indicated here. 7 I think the Public Service 8 Commission will be the better for his service. 9 I commend the Governor for the appointment, and 10 I congratulate John on his appointment. 11 ACTING PRESIDENT KUHL: Senator 12 Stafford on the confirmation. 13 SENATOR STAFFORD: Thank you, Mr. 14 President. 15 First, with everyone speaking 16 upstate, obviously, I had to get up, and I would 17 only say that he talked so long today in the 18 Senate Finance meeting, but everyone understood 19 and he did very well. 20 On a serious note, one's friends 21 really recommend him, and every friend that I 22 has -- that I have, that John O'Mara has, speaks 23 so highly of him, his professional ability, as a 1020 1 person and his commitment to government, and 2 Commissioner O'Mara will be much more than just 3 a Public Service Commissioner. I assure you 4 that isn't just a small responsibility. He'll 5 be there as part of the Governor's team, and we 6 will be much better for it. 7 ACTING PRESIDENT KUHL: Senator 8 Mendez on the confirmation. 9 SENATOR MENDEZ: Mr. President, I 10 also rise to commend Governor Pataki for submit 11 ting the name of John O'Mara for Commissioner of 12 the Civil Service Commission. He's a lawyer's 13 lawyer. I mean, from trial lawyer, district 14 attorney, judge, the whole legal profession, 15 he's been there. He's competent and there is 16 something that I was very much impressed with 17 when I met with him, and that is that I asked 18 him how he felt about having the Governor 19 appoint two members to the Commission, members 20 that would be representative of consumers in the 21 state of New York, and I was so pleasantly 22 surprised that he thinks it's a good idea and is 23 willing to explore it further, but most of all, 1021 1 Mr. President, he has full command of the 2 leprechaun, and we have to respect that. 3 So, again, lots of good things in 4 your new job, and we're looking forward to work 5 with you and, again, my -- my congratulations to 6 the Governor for such a splendid nominee. 7 ACTING PRESIDENT KUHL: The Chair 8 recognizes Senator DeFrancisco on the 9 confirmation. 10 SENATOR DeFRANCISCO: I would 11 like to rise in support of the nominee. Energy 12 issues are just so complex in the state of New 13 York and I don't believe they have to be and 14 knowing John O'Mara as I do, we have an 15 individual who has practical common sense that 16 could fight through some of this complexity that 17 is not necessary and make it into a common sense 18 energy policy for the state of New York, and for 19 that reason and for many others, I am very 20 pleased to stand and have my voice heard in 21 favor of the confirmation. 22 The only other thing I would like 23 to say, knowing John O'Mara and knowing Senator 1022 1 Dollinger, I find it very hard to believe that 2 he was ahead on the points at the time that case 3 settled. 4 ACTING PRESIDENT KUHL: Is there 5 any other Senator wishing to speak on the 6 confirmation? 7 (There was no response.) 8 Hearing none, the question is on 9 the confirmation of John Francis O'Mara to the 10 position of member of the Public Service 11 Commission. All those in favor signify by 12 saying aye. 13 (Response of "Aye".) 14 Opposed, nay. 15 (There was no response.) 16 The confirmation of John Francis 17 O'Mara to member of the Public Service 18 Commission is confirmed. 19 Congratulations. 20 (Applause) 21 Senator Velella. 22 SENATOR VELELLA: Mr. President, 23 can we return to reports of standing 1023 1 committees? 2 ACTING PRESIDENT KUHL: We're at 3 reports of standing committees, Senator Velella. 4 SENATOR VELELLA: I think there's 5 a Rules report at the desk. 6 ACTING PRESIDENT KUHL: There is 7 a Rules report at the desk. 8 SENATOR VELELLA: Can we have the 9 clerk read? 10 ACTING PRESIDENT KUHL: The clerk 11 will read. 12 THE SECRETARY: Senator Bruno, 13 from the Committee on Rules, reports the 14 following bill directly for third reading: 15 Senate Bill Number 2241, by 16 Senator Volker, an act to amend the Penal Law, 17 the Criminal Procedure Law, the Judiciary Law, 18 the County Law and the Correction Law, in 19 relation to the imposition of the death penalty. 20 SENATOR VELELLA: Can we lay that 21 bill aside temporarily? 22 ACTING PRESIDENT KUHL: Adopt the 23 Rules - 1024 1 SENATOR VELELLA: Oh, I'm sorry. 2 Adopt, yes. I move to adopt the Rules Committee 3 report. 4 ACTING PRESIDENT KUHL: Without 5 objection, the Rules report is adopted. 6 Senator Velella. 7 SENATOR VELELLA: Can you lay 8 that bill aside temporarily now? 9 ACTING PRESIDENT KUHL: The bill 10 will be laid aside temporarily. 11 Senator - 12 SENATOR VELELLA: Can we return 13 to nominations, the nomination of Mr. Gargano? 14 ACTING PRESIDENT KUHL: Return to 15 nominations. Secretary will continue to read. 16 THE SECRETARY: Senator Stafford, 17 from the Committee on Finance, reports the nom 18 ination of Ambassador Charles A. Gargano of Bay 19 Shore as Commissioner of Economic Development. 20 Senator Stafford, from the Com 21 mittee on Finance, also reports the nomination 22 of Ambassador Charles A. Gargano of Bay Shore as 23 Director and President of the New York State 1025 1 Urban Development Corporation. 2 ACTING PRESIDENT KUHL: The Chair 3 recognizes Senator Johnson on the confirmation. 4 SENATOR JOHNSON: Mr. President, 5 I am honored to move the confirmation of 6 Ambassador Charles Gargano, Governor Pataki's 7 nominee for Commissioner of the Department of 8 Economic Development and President of the Urban 9 Development Corporation. 10 I have known Charlie Gargano, a 11 resident of my 4th Senate District, for the 12 better part of 20 years. I'm delighted to speak 13 on his behalf today. 14 Ambassador Charles Gargano 15 combines a distinguished career in public 16 service with a series of successes in business 17 and in industry. 18 Serving our nation as the United 19 States Ambassador to Trinidad and Tobago from 20 1988 through 1991, Charlie Gargano earned the 21 respect of the diplomatic community both here at 22 home and abroad. 23 Prior to that, he was federal 1026 1 deputy administrator for the Urban Mass 2 Transportation Administration, overseeing a 3 staff and budget of mammoth proportion. A 4 seasoned professional executive with Master's 5 Degrees in both engineering and business 6 administration, Charlie Gargano's hard work and 7 perseverence have made him a leading figure in 8 the Long Island business community. 9 His success in the private sector 10 is matched, if not surpassed, by his many 11 achievements in charitable endeavors. In these 12 activities, he has shown great leadership, 13 diligence and fortitude, which is essential in 14 his new position. 15 I know Charlie Gargano and I know 16 that he shares this Governor's vision for New 17 York's future, a future of growth and prosper 18 ity, where the shackles of bureaucratic control 19 and overregulation are broken, where the entre 20 preneurial spirit is set free to create jobs, 21 establish new industries and develop state-of 22 the-art technologies. 23 By his word and his deed, Charlie 1027 1 Gargano has proven he has what it takes to turn 2 this Department of Economic Development and 3 Urban Development Corporation into the catalyst 4 for economic growth as our great state begins 5 its journey toward economic renewal and reform. 6 That journey began November 8th with a clarion 7 call for change and continues today as we 8 confirm Charlie Gargano. 9 Governor Pataki has announced 10 that, under Charlie's stewardship, he will 11 establish the new Empire State Development 12 Corporation. The state's economic development 13 agencies will be consolidated and streamlined to 14 refocus their mission of job creation and 15 industrial development. 16 Once again, I take great pride in 17 calling Charles Gargano my friend, and I take 18 great pride in moving the confirmation of 19 Ambassador Charles Gargano, nominee for 20 Commissioner of Economic Development and 21 President of the Urban Development Corporation. 22 ACTING PRESIDENT KUHL: The Chair 23 recognizes Senator Goodman. 1028 1 SENATOR GOODMAN: Mr. President, 2 I am very pleased indeed to second the nomina 3 tion of Charles Gargano and would like to take 4 just a moment to reflect upon one or two of the 5 very special characteristics of this uniquely 6 qualified candidate. 7 First, however, let me remind 8 this body that Charles Gargano, before he could 9 become an ambassador of the United States of 10 America, went through a procedure with which I'm 11 somewhat familiar because I, too, was a Presi 12 dential appointee subject to the advice and 13 consent of the Senate. 14 This procedure, for those of you 15 who are not aware of it, involves a very intens 16 ive FBI check, an intensive check by the staff 17 of the White House, and when all of that has 18 been completed and the President forwards a 19 nomination to the Senate for action, the 20 appropriate Senate committee then proceeds to do 21 its own very intensive examination of a 22 candidate for office. This is nowhere more true 23 than in the sensitive selection of ambassadors 1029 1 to represent the United States of America 2 because, quite self-evidently, these people are 3 on their own in foreign countries far from home 4 and must be relied upon to carry forward their 5 duties with the highest integrity and the 6 greatest skill. 7 Mr. President, Ambassador Gargano 8 went through that process and emerged from it to 9 achieve the overwhelming approval of the United 10 States Senate for his duties. In addition to 11 that, I would like to just reminisce for a 12 moment about a lunch that I had with Ambassador 13 Gargano, which he himself might not remember 14 because it occurred some time ago. We were 15 lunching at a restaurant in New York City and we 16 had just learned of the catastrophic earthquake 17 which had shaken southern Italy, and Charles 18 Gargano at that time, never imagining, I'm sure, 19 that we would be speaking of him today in this 20 context, said to me, "There's been a catastrophe 21 in southern Italy and I'm going to drop 22 everything that I have on my docket to make 23 supreme efforts to try to be helpful to 1030 1 alleviate the suffering of the people who have 2 been ravaged by this earthquake." 3 We have just recently seen the 4 effects of the earthquake in Kobe, Japan, and 5 I'm quite certain that what occurred in southern 6 Italy at that time was not at all dissimilar to 7 the tragic suffering that we had experienced at 8 that time in southern Italy. 9 Mr. Gargano has made it very 10 clear in his extremely elevated action in this 11 matter that he was willing to sacrifice personal 12 income, personal consideration and devote an 13 enormous amount of his own time and treasure and 14 persuasive effort to gathering every ounce of 15 assistance that he could from people in the New 16 York and other communities, and he became the 17 head of a national disaster relief effort. 18 I submit to you, Mr. President, 19 that anyone capable of doing this type of very, 20 very altruistic action is someone of whom we can 21 be duly proud. There is a long record of such 22 community involvement as well on the part of the 23 Ambassador, who is noted as a leading 1031 1 philanthropist and organizer of good efforts in 2 his home community in Long Island and in New 3 York City. 4 Now, I have personally worked 5 with this nominee in connection with his already 6 well-known work as a supremely effective fund 7 raiser because I, too, in my capacity as 8 Republican County Chairman in New York and as a 9 co-chairman of the Reagan for President Campaign 10 and as a co-chairman for the Bush for President 11 Campaign, found myself involved and from time to 12 time directly with him in fund raising, and I 13 can testify to you personally that, in his 14 techniques in that connection, in his entire 15 approach to those duties, he was always an 16 ethical man who was sensitive to the situation 17 in which he was involved and never pressed 18 unduly nor departed from what I would regard as 19 his code of gentlemanly behavior which is 20 evident to me in all of his activities. 21 Mr. President, I share these 22 personal observations with you because we're 23 best able to judge people when they don't know 1032 1 they're being judged, and when we have a long 2 track record from which we can extrapolate a 3 pattern of behavior, I think we're entitled to 4 share it at a moment like this. 5 This is an altruist of high 6 character, a businessman of high skill, a 7 straight shooter, an honorable individual and 8 someone who richly deserves our support today 9 for the very important post for which he has 10 been nominated, and let me just say, he will be 11 the pivotal executive in the Governor's effort 12 to try to build and develop the business 13 community in the state of New York. 14 Unfortunately, we've lagged in 15 the national economic effort to try to bring New 16 York abreast of the national recovery, and no 17 where is the effort more significant than in the 18 work that he will be doing to build the state's 19 job economy. I need not remind this chamber 20 that jobs and good, solid, long-term job 21 commitments exceed any efforts which we can make 22 in the welfare area to assure the well-being of 23 the rank and file of New Yorkers. Put them to 1033 1 work, and put them to work not with Band-Aids or 2 superficial cover-over employment, but real 3 genuine involvement in the texture of our 4 society, and there you build a strong society 5 for the future. 6 In that effort, Charles Gargano, 7 I am absolutely convinced, will be superb in his 8 effort on behalf of the state of New York and, 9 for that reason, I enthusiastically second his 10 nomination. 11 ACTING PRESIDENT KUHL: The Chair 12 recognizes Senator Trunzo. 13 SENATOR TRUNZO: Mr. President, 14 it's a great honor for me to also second the 15 nomination of Charlie Gargano who -- I've known 16 Charlie Gargano for over 25 years. My first 17 meeting with him was way back when I was a 18 councilman in the town of Islip. 19 Charlie has been my constituent 20 for many years and, when we did the last 21 reapportionment, I had to turn him over to Owen 22 Johnson, to Senator Johnson, as part of the 23 reapportionment. Owen just said thanks. 1034 1 But knowing Charlie and knowing 2 the work which he has done within the community 3 of Islip and the work that he has done over the 4 years for the many, many organizations that he's 5 worked for, that he's done -- he was really a 6 tremendous asset to our community and when 7 President Reagan made him an ambassador, we were 8 so proud of Charlie Gargano when that happened 9 back in those years. 10 And now it gives me great 11 pleasure to second the nomination and commend 12 the Governor for nominating Charlie Gargano as 13 Commissioner of the Economic Development and as 14 also of the Urban Development Corporation and, 15 again, a great man who's going to do an 16 outstanding job, as has already been pointed out 17 by Senator Johnson and Senator Goodman. I 18 commend the Governor once again for this 19 appointment. 20 ACTING PRESIDENT KUHL: The Chair 21 recognizes Senator Farley on the confirmation. 22 SENATOR FARLEY: Thank you, Mr. 23 President. 1035 1 I rise to support the nomination 2 of Charlie Gargano with enthusiasm. If this 3 state has a problem, it's in the area of 4 economic development and jobs, and this man is a 5 shaker and a mover. 6 As Senator Goodman said, this is 7 a pivotal appointment and one that is absolutely 8 crucial to this state, and this is the man for 9 the job. I think he's an outstanding person, a 10 man of integrity and ability, and I support him 11 enthusiastically and look forward to remarkable 12 results as a result of his appointment, and we 13 wish you well, Ambassador. 14 ACTING PRESIDENT KUHL: The Chair 15 recognizes Senator Maltese. 16 SENATOR MALTESE: Mr. President, 17 I rise to second the nomination. 18 It is with a great deal of pleas 19 ure and pride that I second that nomination. I 20 speak not only as a Senator, not only as an 21 American, but an Italian-American. Charlie 22 Gargano has been known for more than 20 years 23 for his altruistic, humanitarian efforts on 1036 1 behalf of Italians. Senator Goodman mentioned 2 earlier his immediate stance upon hearing about 3 a tragedy in southern Italy, but it's much more 4 than that. It's the day-to-day, hour-by-hour, 5 week-by-week time that he spends with Italian 6 American organizations and on behalf of 7 Italian-American and Italian organizations, the 8 land of birth of many of our constituents and 9 many of the people from New York State. 10 These efforts have been recog 11 nized by so many organizations and so many 12 people. I see that he's been recognized by the 13 president of Italy, by officials in Italy, by 14 officials in the Vatican, by religious, 15 governmental officials and by people -- and 16 Italian-American leaders and organizations here, 17 with every accolade and every honor. 18 Mr. President, many people 19 complain that there are too many lawyers in 20 public service. Mr. Gargano is an engineer, a 21 graduate of Manhattan College, where he received 22 his Master's. He served as an engineer and a 23 builder -- a builder building New York. It's in 1037 1 that capacity that Governor Pataki has chosen to 2 give him this most important position so that he 3 can bring jobs and revitalize the economy of New 4 York State. 5 Mr. President, I'm proud to 6 second the nomination of a good man, a good 7 friend, Charlie Gargano. 8 ACTING PRESIDENT KUHL: The Chair 9 recognizes Senator DiCarlo on the confirmation. 10 SENATOR DiCARLO: Thank you, Mr. 11 President. 12 I rise also to second the nomina 13 tion -- nomination of Ambassador Gargano. I 14 have known the ambassador for a number of years, 15 and the best thing that you can say about an 16 individual is that they are honorable and they 17 are a gentleman. Ambassador Gargano fits both 18 of those very well. It has been said that he 19 has the qualifications. I know he has the 20 qualifications. I know that the Governor has 21 made a wise choice, and one of the things that 22 those here might not know and those who serve as 23 their -- his Senator now in Long Island is that 1038 1 the best thing about Charlie Gargano is that he 2 comes from Brooklyn. 3 Good luck. 4 ACTING PRESIDENT KUHL: The Chair 5 recognizes Senator Stavisky on the confirmation. 6 SENATOR STAVISKY: Mr. President, 7 not everyone in this chamber is a member of the 8 Finance Committee, and not everyone in this 9 chamber has had the opportunity for a long 10 friendship or an intimate friendship with the 11 designees who are presented for confirmation by 12 the Senate. We have to rely upon information 13 that has been provided or information that has 14 been withheld or information that has been given 15 in one forum and then given in another forum. 16 This is not a unique situation in 17 the Senate of New York State. You will notice 18 that there are similar questions that are raised 19 in the Senate of the United States when one body 20 of information is presented at one time, and 21 then is questioned by a body of information that 22 emerges subsequently, and I ask the members who 23 know the facts to comment on that possibility. 1039 1 We are not proposing an 2 international appointment regarding Trinidad or 3 Tobago or even Italy. If we were, a different 4 set of qualifications would be expected. We are 5 proposing someone who will have vast powers and 6 responsibilities with regard to economic 7 development, and with economic development, 8 objective judgments must be made that are not 9 clouded in any way by personal or private 10 interests. 11 I have heard, and I seek 12 clarification of this point, that some of the 13 points of economic investments or directorships 14 or positions that the applicant -- the candidate 15 -- may have were not always provided in the 16 initial presentations. 17 There is a similar debate going 18 on in Washington with regard to the Surgeon 19 General of the United States as to whether at 20 the very beginning all of the information was 21 made available or whether it was subsequently 22 amended or omitted in later presentations, and I 23 ask those of you who know this candidate to 1040 1 share with us, was there information on the 2 table before us at the very beginning or was 3 that revised, updated, corrected afterwards, 4 because there were serious omissions, and if the 5 answer is that there were no serious omissions, 6 if the answer is that this candidate does not 7 have economic interests that have to be decided 8 by agencies of the state of New York, that there 9 are no taxes owed, that there are no things that 10 were left in the closet that have been brought 11 out now - 12 SENATOR GOODMAN: Mr. President. 13 SENATOR STAVISKY: I will yield 14 at the conclusion, Senator, unless it's a point 15 of high personal privilege for yourself. 16 SENATOR GOODMAN: You merely 17 raised a question which I think we can 18 illuminate, and I didn't want to - 19 SENATOR STAVISKY: Well -- well, 20 I'm raising the question and, by all means, 21 answer. 22 SENATOR GOODMAN: Mr. President, 23 in the course - 1041 1 SENATOR STAVISKY: But not at 2 this point, Senator. 3 ACTING PRESIDENT KUHL: Senator 4 Stavisky, are you asking a question of Senator 5 Goodman? 6 SENATOR STAVISKY: No, he's 7 apparently going to ask a question. 8 ACTING PRESIDENT KUHL: Are you 9 asking a question? 10 SENATOR STAVISKY: I'm asking for 11 an answer after I've finished with my remarks. 12 SENATOR GOODMAN: Mr. President, 13 I understand. I think the Senator raised a 14 general question, which I'd be happy to respond 15 to when he's finished. 16 SENATOR STAVISKY: Thank you, and 17 I would be happy to hear the answer. 18 ACTING PRESIDENT KUHL: Please 19 continue. 20 SENATOR STAVISKY: These are not 21 irresponsible questions. These are questions 22 that would be asked under similar circumstances 23 by United States Senator Robert Dole, by Speaker 1042 1 Newt Gingrich and by U.S. Senator Alphonse 2 D'Amato, if there were questions, if there were 3 omissions, if there were changes in the dossier 4 involving anyone up for Senate confirmation in 5 Washington, and so I say the same standard 6 should apply. 7 If Alphonse D'Amato was sitting 8 here or Bob Dole was sitting here or Newt 9 Gingrich was sitting here, would they be 10 comfortable with the addendum of the dossier 11 that occurred after the initial presentation? 12 Were all of the facts known before today? Were 13 all of the facts of economic involvement, 14 economic relationships with state agencies known 15 prior to this time; or were they filled in 16 subsequently the way people in Washington often 17 update the information that may have been 18 available on a preliminary basis at first and 19 then is added to as more facts become 20 available? 21 And I ask those of you who know 22 him best, not in criticism of the candidate but 23 rather what was the sequence? When did we know 1043 1 it? When was that information provided; and 2 have there been serious or simply minor 3 omissions of facts that we should have known at 4 the very beginning? And it's in that spirit, 5 not in an argumentative or pejorative manner 6 that I have raise these questions. 7 What would Senator D'Amato do 8 when confronted with a similar changing script? 9 And now Senator Goodman, if he 10 will return, I will be happy to hear from him. 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Mendez. 13 SENATOR MENDEZ: Mr. President. 14 I also rise in support of the nomination of 15 Ambassador Charles Gargano to the position of 16 Commissioner of UDC Economic Development 17 Corporation, and I attended today a Finance 18 Committee meeting where Mr. Gargano stayed for 19 an hour and 45 minutes. All the questions that 20 could possibly be asked pertaining to his 21 financial involvement were answered 22 satisfactorily. As far as I'm concerned, I 23 believe so. 1044 1 Secondly, I want to congratulate 2 the Governor for submitting his name for this 3 position because the man has shown through his 4 life that he is not only intelligent and well 5 qualified but he has also -- as has been 6 expressed here by some of my colleagues before 7 me that he has run an extra mile in his effort 8 of being -- of cooperating with humanitarian 9 concerns. 10 But, above all, Mr. President, I 11 believe Mr. Gargano as a businessman that he is, 12 he understands fully that the economic situation 13 of the State of New York is not proceeding - 14 the rate of growth is not proceeding at the pace 15 that it should be in order for the state to 16 provide jobs for people. 17 So I think that his vision of the 18 agency will, in fact, make it possible for the 19 development of more jobs that New Yorkers so 20 badly need. He is also a workhorse. The man 21 works 12 hours a day at the job. 22 And I think that once he's 23 confirmed, he'll keep working very hard, because 1045 1 he's very much committed to insure that the 2 economic stake yp our CP in our state is fully 3 developed for the satisfaction of all New 4 Yorkers. 5 One thing that he is particularly 6 interested in is in working with small 7 businessmen. We do know that is not the big 8 corporations that provide the greatest number of 9 jobs in New York State. It is in fact 94 -- in 10 fact, 94 percent of the jobs are produced by 11 small businesses, and that's no surprise to us 12 because small businesses have to have the 13 potentiality to expand and, therefore, create 14 jobs. 15 So it is with great satisfaction 16 that I believe that he is an excellent nominee 17 and that he, in fact, will do a great job for 18 the people of the State of New York. 19 ACTING PRESIDENT KUHL: Chair 20 recognizes - 21 Senator Waldon. 22 SENATOR WALDON: Would Senator 23 Mendez yield for a question? 1046 1 ACTING PRESIDENT KUHL: Senator 2 Mendez, do you yield to Senator Waldon? 3 SENATOR MENDEZ: Yes. 4 ACTING PRESIDENT KUHL: Senator 5 yields, Senator Waldon. 6 SENATOR WALDON: Thank you very 7 much, Mr. President. 8 Senator, I heard you remark on 9 another occasion that you have a very personal 10 relationship with the nominee. Recognizing that 11 both you and I - 12 SENATOR MENDEZ: I'm sorry. I'm 13 sorry. Would you repeat that, please? 14 SENATOR WALDON: I said I've 15 heard you remark or at least I recall that you 16 remarked you have a personal awareness and 17 relationship with the nominee. Is that 18 correct? 19 SENATOR MENDEZ: No, that is not 20 correct. I met Mr. Gargano when I was appointed 21 to the transition committee by Governor Pataki. 22 After that, I met the gentleman only on two 23 other occasions. 1047 1 SENATOR WALDON: May I continue, 2 Mr. President. 3 ACTING PRESIDENT KUHL: You're 4 asking the Senator to continue to yield? 5 SENATOR WALDON: Yes. 6 ACTING PRESIDENT KUHL: Senator 7 Mendez, do you continue to yield? 8 SENATOR WALDON: There is no trap 9 involved here, Senator. 10 SENATOR MENDEZ: Just in case. 11 My dear colleague, just in case. 12 SENATOR WALDON: I want to do 13 something that perhaps will help both your 14 community and my community. We both are so 15 labeled minorities. From the limited awareness 16 that you have of this nominee, do you perceive 17 that he will take steps to ensure that Latinos, 18 be they Puerto Rican or Dominican or from South 19 America or Venezuelan or wherever, as well as 20 African-Americans and Caribbean-Americans, be 21 permitted to participate in the construction 22 industry in numbers which reflect the numbers 23 that we are in this state. 1048 1 SENATOR MENDEZ: Well, I believe 2 that Mr. Gargano is committed to ensure that 3 minorities, Puerto Ricans, Hispanics, 4 African-Americans and other protected classes 5 will in fact have an equal opportunity to 6 benefit from the programs and services that the 7 agency will be offering. 8 SENATOR WALDON: One more 9 question. 10 ACTING PRESIDENT KUHL: Senator 11 Mendez, do you - 12 SENATOR MENDEZ: In fact, Senator 13 Waldon, I forgot to mention when I rose to 14 support his nomination that I read somewhere 15 that he had made statements to that effect. 16 ACTING PRESIDENT KUHL: Senator 17 Mendez, do you yield to one more question from 18 Senator Waldon? 19 SENATOR MENDEZ: Yes, one more. 20 ACTING PRESIDENT KUHL: Senator 21 yields. 22 SENATOR MENDEZ: And even two. 23 SENATOR WALDON: Thank you, Mr. 1049 1 President. Please, Senator Mendez, let me thank 2 you for your indulgence. This was not a 3 prepared situation by me. On the spur of the 4 moment, as I sometimes do, I rise because 5 questions pop into my head. 6 Is it your considered opinion 7 from your awareness and from your reading and 8 your analysis from your meetings -- I would 9 assume you have a vibration from Mr. Gargano - 10 that you support his candidacy because you 11 believe that he will give us -- when I say "us," 12 I mean your community and my community -- a fair 13 shake at the table, especially regarding 14 construction industry situations, set-asides and 15 other kinds of opportunities in an 16 entrepreneurial sense that will be under his 17 jurisdiction as the head of UDC? 18 SENATOR MENDEZ: Senator Waldon, 19 I really believe that he will do that. In fact, 20 since I am a woman that do not believe in double 21 standards pertaining to the record of the 22 previous person that was head of the agency, I 23 can tell you that in terms of the statistics - 1050 1 and I love the man, but love has nothing to do 2 with it. I'm talking about the previous 3 Commissioner of, at that time, UDC. We Puerto 4 Ricans -- I don't know how you African-Americans 5 did, but certainly we Puerto Ricans and 6 Hispanics did not do well at all in that 7 immense, rich agency. 8 I have the vibrations, as you put 9 it, that this gentleman will in fact do much 10 better, more so to the satisfaction of you as a 11 representative who care for your people and to 12 my satisfaction for myself that I also care 13 about Puerto Rican and Hispanics and African 14 Americans and everybody. If I wouldn't feel 15 that way, my dear colleague, I wouldn't be 16 standing here supporting him. 17 I feel very certain that he will 18 do so, and it is refreshing and nice and hopeful 19 to feel that way. 20 SENATOR WALDON: Thank you very 21 much, Mr. President, for your indulgence. I 22 want to publicly thank here in the chamber the 23 learned Senator for her remarks, and may I just 1051 1 add a caveat as I sit - 2 ACTING PRESIDENT KUHL: Senator 3 Waldon, the floor was given up by Senator 4 Mendez. There is a whole series of people who 5 are on the list. If you'd like to speak, I will 6 put you down on the list. 7 SENATOR WALDON: With due 8 deference to the procedure, I will sit. 9 Thank you, Mr. President. 10 ACTING PRESIDENT KUHL: Thank 11 you, Senator Waldon. 12 SENATOR GOLD: Mr. President. 13 ACTING PRESIDENT KUHL: Senator 14 Gold, why do you rise? 15 SENATOR GOLD: I also wanted to 16 ask Senator Mendez just one question based upon 17 what she said to Senator Waldon, if she was 18 still available for a question. 19 SENATOR MENDEZ: Yes. 20 ACTING PRESIDENT KUHL: Senator 21 Mendez? 22 SENATOR GOLD: The confirmation 23 process is supposed to be an enlightenment, and 1052 1 I'm just curious. You say that you got the 2 vibrations that it would be better. Can I ask 3 you what was the basis of the vibrations? Was 4 it something that he said at the meeting, 5 something you learned in a different source. I 6 would like to know where they come from. 7 SENATOR MENDEZ: Senator Gold, 8 the issue of the vibrations came because I 9 wanted to be a little bit sardonic when my 10 colleague used that word in terms of possibly 11 imagining -- I don't know what he had in mind, 12 and I wanted to retort back to him, and I did 13 so. 14 SENATOR GOLD: I see. Would the 15 Senator please yield to one more question? 16 SENATOR MENDEZ: Yes. 17 ACTING PRESIDENT KUHL: Senator 18 yields, Senator Gold. 19 SENATOR GOLD: Senator, I also 20 have minority groups in my district that I am 21 concerned about and I think my record as a state 22 Senator over the years indicates that I have 23 been sensitive to so-called minority needs. I 1053 1 can understand why some people might want this 2 nominee or might not want the nominee. I don't 3 understand the minority issue. What was it that 4 the man either did in his life or said at the 5 committee meeting which gives an impression that 6 he would in some way be good for minorities? 7 I'm not saying he is or not. I'm just curious 8 what it is you are relying on since I respect 9 you so much. 10 SENATOR MENDEZ: First of all, my 11 professional -- the graduate work that I did is 12 in the behavioral sciences; and we, all of us 13 here, do deal with all sorts of people. We meet 14 all sorts of people during the -- performing the 15 functions of being a state Senator; right? So 16 we're not naive. Once you meet with somebody 17 and you talk and you ask certain questions, you 18 keep in mind the emotional tone in which things 19 are said, and you end up with a picture of 20 whether that person is sincere or whether the 21 person is not, besides the statements that the 22 gentleman has done to that effect. 23 SENATOR GOLD: Yes, Mr. 1054 1 President. Would the Senator be kind enough to 2 yield to one last question? 3 ACTING PRESIDENT KUHL: Senator 4 Mendez, do you yield to one last question from 5 Senator Gold? 6 SENATOR MENDEZ: Yes. 7 ACTING PRESIDENT KUHL: Senator 8 yields. 9 SENATOR GOLD: Senator, what I'm 10 trying to find out is what were the questions 11 you asked and the responses you got that made 12 you have this feeling. There must have been 13 something. I know you have a great concern for 14 the people you represent, and you must have 15 asked what were very, very important questions 16 for which the answers you got were very, very 17 significant for your community. I'm wondering 18 what those were. 19 I was at the committee meeting 20 and I didn't hear any of that. Perhaps I missed 21 something. 22 SENATOR MENDEZ: But, Senator 23 Gold, as I said before, I met the gentleman when 1055 1 I was appointed by Governor Pataki to his 2 transition committee. I had an opportunity to 3 talk to him about different things, and one of 4 the first things that I ask anybody that I meet 5 and I try to dig into his attitudes towards 6 Puerto Ricans, African-Americans and others, 7 because anyhow I am also a member of a 8 minority. As you know, I am Puerto Rican. 9 And in his history, this man was 10 an Ambassador to Tobago and Trinidad. Tobago 11 and Trinidad are minority islands, are not 12 they? And he did a great job over there, so the 13 inference is that he has no problem whatsoever 14 in relating to people who have a different 15 racial or ethnic background, and that is a big 16 plus. 17 SENATOR GOLD: Thank you, 18 Senator. 19 SENATOR MENDEZ: You're welcome. 20 ACTING PRESIDENT KUHL: Chair 21 recognizes Senator Marchi on the confirmation. 22 SENATOR MARCHI: Mr. President. 23 The process by which the nominee is before us, I 1056 1 assisted personally over a period of 16 years 2 confirmation of thousands of nominees and the 3 process is a sound one. There is an intensive 4 investigation of each and every nominee to spot 5 the negatives, to spot those things that are not 6 harbinger of good things to come, and they 7 accompany the evaluations of the affirmative 8 qualities that a nominee brings to the office 9 that he has been designated by the Governor, and 10 that is submitted and experiences a very 11 exacting process. 12 Everything that I have seen with 13 Senator Stafford, he has continued that with the 14 same enthusiasm and the same zealous pursuit of 15 fulfilling the requirements that the Finance 16 Committee must take in making a recommendation 17 that finally ends up before us on this floor. 18 Why are all of the circumstances 19 -- and Charles Gargano brings a wealth of 20 experiences. I know that he is not being 21 offered as an international ambassador at this 22 point, but all of the experiences that he has 23 had are relevant to the office that he will be 1057 1 serving very shortly. He will be interacting on 2 an intergovernmental plane with people from the 3 nation, even internationally. The office that 4 he will occupy will require, if he is going 5 serve his responsibilities with any degree of 6 effectiveness, will require and bring into play 7 those experiences that he has had before coming 8 here tonight, and he has had them and he has 9 passed with flying colors the exacting process 10 that he survived in the Senate, not just for 11 negatives, because that should be a given for 12 anyone entrusted with the responsibility, a 13 public responsibility, but also weighing very 14 carefully the qualities that are brought to an 15 office. 16 Mention was made of his response 17 to charitable endeavors, how he dropped 18 everything. Senator Goodman made a very good 19 point on the disaster that befell southern Italy 20 which a grateful Italian government conferred a 21 knighthood on him. His charitable endeavors in 22 this nation and in this community which received 23 recognition by another exacting process because 1058 1 he also received a knighthood from the Knights 2 of Malta and the Knights of the Holy Sepulcher. 3 Now, these are organizations that are very 4 serious and make a very intensive review of the 5 life and the strength of the character of an 6 individual, and these are important, the 7 strength of an individual's character, his 8 willingness to embrace some heavy lifting and 9 duty, and he was not found wanting in any of 10 these evaluations. 11 So we do need Ambassador 12 Gargano. We do need him to take over the reins 13 in economic development. We have suffered in 14 the Northeast. I don't want to place blame on 15 anybody, but we have suffered generally, but he 16 brings a wealth of experience with none of the 17 negatives, indeed confirmation of his strength 18 of character and his integrity. He brings these 19 qualities to serve this state combined with 20 excellence in service in both public and private 21 sectors, which is very reassuring, I think, as 22 we attempt to reverse the picture and restore 23 New York State to the preeminence that it really 1059 1 deserves to have, and I'm sure that with support 2 given by this body, he is going to embrace those 3 things; and he does this with our encouragement 4 because I am confident that he will give a good 5 account of himself and that will also reflect a 6 great benefit to the people of this state as he 7 coordinates efforts to reverse a picture of 8 economic stagnancy. 9 So we wish him well, and I do 10 hope that he does get a good vote here today by 11 way of encouragement. 12 ACTING PRESIDENT KUHL: Chair 13 recognizes Senator Nozzolio on the 14 confirmation. 15 SENATOR NOZZOLIO: Thank you, Mr. 16 President. 17 My colleagues, I rise to second 18 the nomination of Ambassador Charles Gargano for 19 this important position. 20 Ladies and gentlemen, you all 21 know we live in troubled times. Governor Pataki 22 recognizes that. We recognize that now more 23 than ever. The competitive world we have today 1060 1 puts business leaders in a quandary. The siren 2 songs of the South where businesses have gone 3 from New York to set up operations, where we 4 have now today more manufacturing jobs in the 5 state of Alabama than here are in the State of 6 New York, the once Empire State of New York. We 7 have less manufacturing jobs today than when 8 Roosevelt was President; and, unfortunately, 9 that's Theodore Roosevelt not Franklin 10 Roosevelt. 11 The Governor recognizes this 12 problem, and that's why he has chosen a leader 13 to lead us out of the economic doldrums that we 14 are in, a leader who can talk the talk and walk 15 the walk with the business leaders of this 16 state, of this nation and of this world, one who 17 understands policies matter, one that 18 understands that leadership is required in order 19 to keep jobs in New York. 20 I'm very honored, my colleagues, 21 to have first met Charles Gargano 14 years ago. 22 I watched him do great work on behalf of the 23 citizens of this state, and I know the 1061 1 Governor's faith and our confidence in him, our 2 efforts to work with him are critical during 3 these next years if we are to gain our economic 4 competitiveness again and be called, once again, 5 the Empire State. 6 Our nominee today is up to the 7 task of that great challenge, and I'm honored to 8 support his nomination and urge my colleagues to 9 do likewise. 10 Thank you, Mr. President. 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Libous on the confirmation. 13 SENATOR LIBOUS: Thank you, Mr. 14 President. 15 I, too, rise to second the 16 nomination of Ambassador Gargano; and, unlike my 17 colleagues, I can't stand before you and tell 18 you that I have known him for 20 or 25 years, 19 but I can tell you that in the short time that I 20 have known him, Ambassador Gargano because of 21 his sincerity, because of his honesty, you feel 22 like you have known the man for some 25 or 30 23 years. 1062 1 Mr. President, that's the kind of 2 sincerity and feeling that we have to give to 3 business in this state. That's the kind of 4 leader that we need. You know, I live in the 5 Southern Tier. I represent the Southern Tier of 6 New York, and I have to tell you that every day 7 the state of Pennsylvania is coming across the 8 county line, the state borderline and taking 9 jobs away, and they are not taking one and two 10 at a time. They are taking them factories at a 11 time, offering them incentives, taking them away 12 from this great Empire State. 13 Ambassador Gargano's resume, if 14 you take the time to look at it, tells you that 15 he is overqualified for this position. He is in 16 a position to lead this state to economic 17 recovery, something that is desperately needed. 18 There is not a colleague in this chamber that 19 wouldn't take one additional job in their 20 district today if that could be delivered, and 21 that is the role that Ambassador Gargano will 22 play as economic development director to bring 23 more jobs to this state for all New Yorkers. 1063 1 Mr. President, once again, 2 Governor Pataki has delivered us a very, very 3 well-qualified candidate and it is a pleasure 4 and honor for me to second the nomination of 5 this good candidate. 6 ACTING PRESIDENT KUHL: Chair 7 recognizes Senator Smith on the confirmation. 8 SENATOR SMITH: Thank you, Mr. 9 President. Let me first say that I met with 10 Ambassador Gargano, and I found him to be 11 immensely charming. I also praise him for being 12 from Brooklyn and for going to New York City 13 Tech, which I did, for also being involved with 14 the developmentally disabled young people, and 15 many in this room know that I have been an 16 advocate for the developmentally disabled. 17 I also praise him for being 18 licensed in five states, but I have great 19 reservations when I sit in a committee room and 20 I ask the Governor's nominee about his legal 21 residence and he tells me that his legal 22 residence is Bay Shore, and I ask him if he 23 voted from that address in the previous 1064 1 election, and he tells me "Yes," and then he 2 also tells me that he has voted there for the 3 past five elections, and I'm greatly dismayed 4 when the Board of Elections can find no 5 registration for Charles Gargano in Bay Shore, 6 and I'm even more dismayed when the only 7 registration I find is in Dix Hills and that 8 registration was canceled in August of '94 prior 9 to the election based upon two letters going 10 out, one in '93 and one in '94, and coming back 11 to the Board of Elections showing that he no 12 longer lived in Dix Hills. 13 These are the kinds of omissions 14 and the kinds of things that bother me. If I 15 can't get the truth about someone's real 16 residence, then I certainly can not vote for 17 them to become a Commissioner of the State of 18 New York in such an important position. 19 ACTING PRESIDENT KUHL: Chair 20 recognizes Senator Gold on the confirmation. 21 SENATOR GOLD: Thank you very 22 much. I would like to congratulate Governor 23 D'Amato on this nomination. Governor Pataki 1065 1 didn't do so well. 2 If you like the resume, Senator 3 Libous, can you imagine how much you would like 4 it if it was all there? 5 Now, to begin with, I want to say 6 one thing to people like Senator Marchi and 7 Senator Maltese. This is not in my opinion a 8 Italo-American issue. Certainly I, who went out 9 every day campaigning for a guy named Cuomo and 10 who holds Serph Maltese in a personal way on the 11 highest level and Senator Marchi on the highest 12 level, I don't have to explain and account for 13 myself if I'm going to oppose somebody who 14 happens to be Italian; and I'm glad that there 15 are organizations that feel proud of him because 16 of his heritage, and I respect someone who is 17 what they are. I respect that, but that is not 18 my issue as I see it. 19 Senator Stavisky asked questions, 20 questions similar to those I asked earlier 21 today, and why leave it hanging, Senator? What 22 would Al D'Amato do? What would Bob Dole do? 23 You know darn well what they would do. They 1066 1 would say, "President Clinton, you got some 2 nerve, some nerve to send us someone and not 3 answer questions; and if it takes a few days or 4 a week, President Clinton, that's what it's 5 going to take." 6 But not around here. Not around 7 here. Well, I try, you know, to learn from 8 everybody, and I certainly am going to think 9 very hard the way the junior Senator from New 10 York would act under these situations. 11 Just a couple things. I mean 12 Senator Smith said something that disturbed 13 her. Well, at the committee meeting, there were 14 questions asked and this is after, after there 15 has been criticism for a lack of candor. 16 And Senator Leichter asked some 17 questions about some company, G M Development; 18 and the way I remember the answers and I think 19 I'm giving it to you right, the answer was, yes, 20 they've got some kind of tax problem but he was 21 a consultant that came in to help his son and 22 whatever. Well, the resume I found on my desk 23 says from '84 to '88 he was the president of the 1067 1 company. Well, he was either the president of 2 the company and he worked for the company or he 3 was a consultant. You know, it's one or the 4 another. 5 And why doesn't that bother 6 anybody on the other side to at least understand 7 it? Now, I'm not saying that if he was 8 President he did anything wrong, and I'm not 9 saying if he was a consultant he did anything 10 wrong. 11 And then a question was asked as 12 to the particular tax problem of which I know 13 nothing, but one of the counsel's for the 14 committee said, "We checked that out, and it's 15 fine." Well, when I heard that, I had some 16 questions in my mind, so I said, "Well, was 17 there any permission given by the candidate, the 18 Ambassador, in writing to the Tax Department to 19 release information?" because I said to myself, 20 you know, God forbid that the Tax Department 21 even though it's all Republicans now is giving 22 information without authorizations; and to my 23 delight, I found out that, in fact, no 1068 1 authorization was given and the Tax Department 2 did nothing wrong, they didn't give 3 information. 4 But I'll tell you this. The 5 answer that the counsel gave was a truthful 6 answer but it was misleading. As the movie - 7 what is that movie? -- "Absence of Malice," they 8 say, "Well, it's true but it's not accurate." 9 And it turned out that the only 10 record that was checked was the record that we 11 have provided by the candidate who said 12 nothing's wrong; and since it's a Republican 13 nominee from a Republican governor, the 14 Republican staff of the Republican Finance 15 Committee said, "We don't see anything wrong." 16 I think that's terrible. I think 17 it's misleading. I think the thing should be 18 looked at; and as was with Mr. Sweeney, if 19 everything falls into place, then fine; and, 20 then, if we have a gentleman before us with 21 extraordinary experience who can do the job, 22 fine. But when there are questions raised as to 23 integrity, they shouldn't be left hanging, and 1069 1 I'm not saying the man has no integrity. I'm 2 not saying that. 3 SENATOR VELELLA: Point of order, 4 Mr. President. I heard no questions raised as 5 to his integrity. I believe you said that you 6 believe Ambassador Gargano was a man of the 7 highest integrity. Maybe you misspoke. 8 SENATOR GOLD: I didn't say the 9 word "highest." I said, as far as I know, the 10 man has integrity. What I'm saying is - 11 SENATOR VELELLA: Then what - 12 ACTING PRESIDENT KUHL: Senator 13 Velella, are you asking Senator Gold to yield? 14 SENATOR VELELLA: Yes, I ask him 15 to yield. 16 SENATOR GOLD: To you, always. 17 ACTING PRESIDENT KUHL: Senator 18 yields. Do you have a question? 19 SENATOR VELELLA: Are you saying 20 that an issue has been raised as to the 21 integrity of Ambassador Gargano on the floor 22 here? 23 SENATOR GOLD: Yes. Do you want 1070 1 it explained? 2 SENATOR VELELLA: Would you yield 3 to a question? 4 SENATOR GOLD: Do you want it 5 explained? 6 SENATOR VELELLA: Do you yield to 7 another question? 8 SENATOR GOLD: Absolutely. 9 ACTING PRESIDENT KUHL: Senator 10 yields to another question. 11 SENATOR VELELLA: Innuendo, in 12 the absence of any facts, just the political 13 slights that you are making now and trying to 14 allege that there is some kind of impropriety? 15 Is there not some kind of burden on your part to 16 come forward with something that you show that 17 is wrong - 18 SENATOR GOLD: Yes! 19 SENATOR VELELLA: -- not maybe 20 there is something there? 21 SENATOR GOLD: Yes. 22 SENATOR VELELLA: Come forward 23 with it. 1071 1 SENATOR GOLD: Thank you. Thank 2 you. I didn't plant that, did I? 3 SENATOR VELELLA: No. 4 SENATOR GOLD: Okay. 5 ACTING PRESIDENT KUHL: Senator 6 Gold on the confirmation. 7 SENATOR GOLD: You asked me, 8 Senator, whether or not the issue of integrity 9 is on this floor, and I tell you that if it 10 doesn't bother you with every candidate that's 11 appointed by every governor, then I don't think 12 you are doing your job. The issue of integrity 13 is always a question. 14 Now, if you have a situation 15 where questions are asked and the answers that 16 come forward are either not accurate or they are 17 missing the mark or they're intending to be 18 misleading, that raises an issue of integrity, 19 and that issue should be resolved. 20 Now, I didn't say that this 21 gentleman has done anything wrong. I've said 22 that things were raised that require questions 23 and answers and not in a rush, either. Not in a 1072 1 rush. The Ambassador if he is confirmed will 2 have huge jurisdiction. 3 Now, he says -- and I don't know 4 what all of his stock holdings are. He says 5 that a lot of his stock, when you hear 80,000 6 shares or 100,000 shares, don't get excited, 7 these are only start-up companies. 8 Well, with all respect, I have a 9 friend who bought some stock in a start-up 10 company, put it away, forgot she had it or he 11 had it, and the next thing you know a few years 12 went by; the start-up company was a pretty big 13 company and the amount of money was very 14 substantial. I know people whose fortunes were 15 made because they got in at 10 cents a share and 16 then when it was three dollars a share -- do you 17 want to multiply that out and see what it's all 18 about? 19 So I don't know what these 20 start-up companies do, but it would seem to me 21 that if the economic climate of New York gets 22 better -- God willing, it should get better, no 23 matter what it's at -- I don't know how it 1073 1 affects any of these companies. I don't know 2 what these companies are. But I can not believe 3 that if this was a nomination in front of the 4 United States Congress put forth by President 5 Clinton, you would want to know everything those 6 companies did, you would want to see the 7 payrolls of those companies, you would want to 8 see their contracts, you would want to know who 9 their lawyers were, you would want to know where 10 their lawyers ate dinner and who was at the 11 table with them, and don't tell me anything 12 different because this is the real world and we 13 look each other in the eye and we know what the 14 truth is. 15 My colleague, Senator Mendez, 16 said that this gentleman was so forthright that 17 he was in front of the committee for an hour and 18 a half and went the extra mile. Well, he was in 19 front of the committee for an hour and a half 20 because there were questions. There have been 21 nominees in front of our committees for ten 22 seconds because there were no questions. All of 23 a sudden, you get a medal because there's so 1074 1 much to be asked and there was a lot more that 2 you should have gone into. So I don't see 3 anything terrific about that. 4 I am very disturbed about the 5 nomination, and I shouldn't be disturbed. I 6 shouldn't. I have been around here a lot of 7 years. Some of you think too long, I know. But 8 I have voted for nominees of Republican 9 governors and I've worked with nominees of 10 Republican governors, and there is nothing wrong 11 with us analyzing each other's nominees, and the 12 issue of confirmation is not one of agreement. 13 When I asked the Health 14 Commissioner questions and she wouldn't answer, 15 I thought that was terrible because she doesn't 16 have to agree with me but at least answer, and 17 your answer can be in disagreement with me but a 18 competent answer, and I as a state Senator would 19 have to say, "Madam, I don't agree with you but 20 you're competent and we vote yes." 21 But there is a process, and we 22 ought to be embarrassed by a process where we 23 take the attitude we don't care. Now, George 1075 1 Pataki in my opinion -- and I said this behind 2 his back; I would say it to his face -- is an 3 honest man, and I don't agree with his political 4 views but I have to believe he wants to do the 5 right thing, but somebody is missing the boat. 6 I have seen the nominees. I know 7 where they come from. Long Island is getting 8 its share. The junior Senator is getting his 9 share, and it's interesting where these nominees 10 are going; and I want to tell you since I intend 11 to live in the state a little longer, I pray for 12 George Pataki to be a good governor. Why not? 13 I live here. But, Governor Pataki, I just hope 14 that all the things you are trying to do don't 15 get sabotaged by the kind of haste that's being 16 used in examining these nominees. 17 I don't even believe, Senator 18 Bruno, that the Governor's people have answers 19 to questions they've asked, and then everybody 20 gets very nervous. I believe that there are 21 Republicans on your side of the aisle who in 22 private say, "Boy, if this were a Democrat I'd 23 love to vote no." But we're all great soldiers 1076 1 and if you're Republicans you vote yes. But in 2 my opinion, it's only my opinion, with great 3 respect for every one of you, we demean the 4 process when we do it. These are significant 5 jobs, and in my opinion to allow someone to 6 wield the kind of power that this man will yield 7 in the next few years without him going through 8 a process which brings us answers diverts the 9 constitutional intention and doesn't help the 10 system. 11 ACTING PRESIDENT KUHL: Chair 12 recognizes Senator Levy on the confirmation. 13 SENATOR LEVY: Thank you very 14 much, Mr. President. I am privileged to rise to 15 join in moving the confirmation of the 16 nomination of Charlie Gargano. I have known 17 Charlie Gargano for almost 25 years, and I know 18 him to be an honorable man of integrity. The 19 hallmark and the tradition, indeed the legacy of 20 his endeavors has been leadership and success. 21 Leadership and success, whether it was in the 22 private sector, the public sector, on behalf of 23 charitable or philanthropic endeavors. 1077 1 As we have heard time and time 2 again this afternoon on this floor, he takes 3 over probably second to the Governor New York 4 State's most vital responsibility, and he's 5 charged with meeting New York State's most vital 6 concern. We've heard it over and over again, 7 and it's true. It's his job to get this economy 8 jump started to create and to maintain jobs; 9 and, heaven knows, given our economy, we need a 10 hot hand of success. Charlie Gargano is an 11 outstanding leader. He is going to do an 12 extraordinary job in his new position, and the 13 Governor is to be congratulated upon this 14 appointment. 15 ACTING PRESIDENT KUHL: Chair 16 recognizes Senator Dollinger on the 17 confirmation. 18 SENATOR DOLLINGER: Mr. 19 President. I rise today in what I think is 20 perhaps the most difficult task that a member of 21 this Senate is required to do, and that's to 22 exercise the constitutional power of advice and 23 consent on a nominee to the Governor to the 1078 1 position that Senator Levy I think properly 2 describes, really the number two position in 3 this state from the point of view of economic 4 development and growth in this state. 5 Senator Libous is also correct. 6 There isn't a person in this chamber that 7 wouldn't want more jobs in their districts. I 8 want certainly more. My people want more. I 9 think we all want that. 10 Today, we face a debate over a 11 nominee that I guess like other nominees that 12 I've discussed on the floor certainly brings a 13 lot to the table. First of all, let me tell you 14 about what I think are the good and strong parts 15 that commend Charlie Gargano to this job. 16 He's been a successful 17 businessman. I give them that. He's got a 18 history of doing that. He was in the business 19 of economic development in a real estate 20 business, which he acknowledges, through G M 21 Development. It survived an economic downturn. 22 That, too, is commendable. I think both Senator 23 Marchi and Senator Maltese mentioned his work on 1079 1 behalf of Italian earthquake victims. I believe 2 that deserves the highest commendation. In 3 addition, he was the Ambassador to Trinidad and 4 Tobago, something that we can't ignore. Best 5 information that I can receive suggests he did a 6 very good job in that position. I even got a 7 chance to read a couple of articles he wrote 8 about the Caribbean Basin initiative. 9 In addition, he's been a 10 participant in the political process. Several 11 people have talked about the relationship 12 between Senator D'Amato and Mr. Gargano. I 13 don't believe that that fact that there is a 14 relationship disqualifies him from this 15 position. I think, frankly, business people as 16 many people in our society get involved in 17 politics, get involved in the mother's milk of 18 politics which is fund raising. Certainly, 19 there is no one in this chamber who hasn't 20 called a business person and asked them for 21 money to fund a campaign. So that's no reason 22 to disqualify Charles Gargano. 23 In addition, the best I can tell 1080 1 he's been a family man. He testified in front 2 of the Economic Development Committee that when 3 his son's business was in trouble -- I believe 4 he said he spent about a million and a half 5 dollars baling him out. 6 But let me tell you what I think 7 is important, Senator Marchi. You talked about 8 advice and consent of other bodies, that this 9 gentleman had been through the United States 10 Senate; and while the Senate may have reviewed 11 him, and other bodies including Governor Pataki 12 have reviewed his qualifications, I believe it 13 is this body and this body alone that has a 14 constitutional obligation to give advice and 15 consent on this nominee. 16 And what is at issue in this 17 debate today? Our integrity and the integrity 18 of the process that we follow. 19 I was at the Finance Committee 20 meeting today. I frankly think that Senator 21 Galiber's motion to delay was very appropriate. 22 I will describe in a minute why the questions 23 still remain regarding this nominee and why we 1081 1 need better answers. But that's what is at 2 stake today, the integrity of the process and 3 the integrity of this body. 4 Let me tell you why I'm going to 5 vote against Charles Gargano despite having said 6 that he has many commendable qualities. I'm 7 concerned as Senator Gold is about the fact that 8 the nominee has on several occasions given what 9 I believe are at least misleading answers to 10 questions. Let me start with the first one. 11 When in front of the United 12 States Senate, he happened to mention under -- I 13 don't know whether he was under oath. I should 14 back off on that. But certainly while -- during 15 his confirmation as Ambassador to Trinidad and 16 Tobago, he was asked to give a statement, which 17 he did, and he said, "My experience in the 18 private sector including membership on the board 19 of directors of a commercial bank," a fact which 20 he acknowledged I believe to Newsday just wasn't 21 true. He wasn't a member of the board of 22 directors of a commercial bank, but yet that's 23 what he told the United States Senate when his 1082 1 nomination to be an Ambassador was at stake. 2 Second, I'm concerned about a 3 report in the newspaper, which I've also checked 4 out, about disclosures that he made when he was 5 on the board of directors yp two publicly-traded 6 companies, disclosures that were made in the 7 form of reports to the Securities and Exchange 8 Commission, a government agency charged with the 9 regulation of the securities industry in this 10 country. Apparently, Mr. Gargano forgot in his 11 discussions with those companies to disclose his 12 directorships in other companies. He omitted 13 them. Apparently, he has acknowledged that he 14 omitted them, but he said that they weren't made 15 to mislead anyone. I find that troubling. 16 Then he comes to this body, the 17 New York State Senate, a body that has a 18 constitutional obligation to provide advice and 19 consent on this nominee. He provides to the 20 Economic Development Committee to I believe my 21 colleague Senator Present -- he provides a 22 resume which contains a description of his 23 current activities. It's not sworn to under 1083 1 oath, but it's a compilation so that we in 2 exercising our power of advice and consent can 3 determine what he does, determine how well he 4 does it, check out his resume. Frankly, just as 5 any one of you would do if you were hiring a 6 member of your staff, you would look at the 7 resume and say, "Gee, I can rely on this resume; 8 it is a fair and accurate picture of what this 9 candidate is all about and what his 10 qualifications are all about." What do we find 11 out in perusing his resume? That he's left off 12 two companies on which he serves as a member of 13 the board of directors -- LGI Group, Inc., and a 14 company called Winners International which he 15 describes as a start-up company. It's actually 16 an offspring of a company called Natural Child 17 Care that got into business to try to develop 18 new products, and, sure enough, has a very 19 interesting product which I will talk about in a 20 minute, which is the other reason why I'm 21 concerned about this nominee. But he doesn't 22 disclose that to us. 23 When he wants a job, he fails to 1084 1 make a critical disclosure to us. I think we're 2 entitled to ask why. I think we're entitled to 3 ask why he didn't make accurate disclosure to 4 the companies he was on the board of directors 5 when he knew as every shrewd and prudent 6 businessman would know that they would report it 7 to the federal Securities and Exchange 8 Commission. I think we're entitled to ask why 9 he misled, in my judgment, the United States 10 Senate when he said I'm a member of the board of 11 a commercial bank, board of directors of a 12 commercial bank. 13 But let me tell you the other 14 thing that leads me to be concerned, and I 15 listened very carefully during the Finance 16 Committee deliberation to Senator Leichter's 17 questioning of the nominee regarding an 18 affidavit that he submitted in a piece of 19 litigation. Let me just explain the background 20 of this. 21 This was a piece of litigation 22 that related to a foreclosure of a mortgage 23 brought by Key Bank of New York. Everybody 1085 1 knows Key Bank. It was brought against a 2 company called DelGar Realty Corp. There were a 3 series of individual defendants who were 4 guarantors on about a million dollar note. What 5 Key Bank did in this litigation, what caused 6 this affidavit to be written, they do probably 7 what most of you who are lawyers are familiar 8 with, they tried to get personal service over 9 all of the defendants so that they could take a 10 judgment against each of the individual 11 defendants, record that judgment; and if for 12 some reason the mortgage they were seeking to 13 foreclose was not sufficient to pay off the debt 14 that was guaranteed under the note, they would 15 then have access to the individuals. I have a 16 copy of the complaint here. I have read the 17 complaint. I have been through the responses; 18 and, sure enough, Mr. Gargano submitted in - 19 excuse me. Back up for a second. 20 In order to get jurisdiction over 21 Mr. Gargano, the bank served the Summons and 22 Complaint upon the receptionist at the home of a 23 business called G M Development, Inc., a 1086 1 business that Senator Gold mentioned earlier. 2 They tried to get personal jurisdiction over Mr. 3 Gargano by serving him under the CPLR, which is 4 a law that this body had a hand in creating, 5 that would give him jurisdiction over Mr. 6 Gargano by serving him at a place of business. 7 Senator Leichter asked Mr. Gargano about what he 8 was doing in 1993 when this litigation was 9 commenced. 10 He testified -- or I believe he 11 did and please correct me if I'm wrong. I was 12 in the back of the room and had difficulty 13 hearing. I believe he testified that he had a 14 consulting contract, that he was working as a 15 consultant to his family company, G M 16 Development Inc., and I also believe he 17 testified that he was compensated approximately 18 $75,000 as a consultant. Yet in his affidavit 19 that was submitted to the Court and submitted in 20 an attempt to avoid this judgment, to avoid 21 personal jurisdiction. 22 ACTING PRESIDENT KUHL: Senator 23 Paterson -- excuse me, Senator Dollinger -- why 1087 1 do you rise? 2 SENATOR PATERSON: Would Senator 3 Dollinger yield for just a moment? 4 ACTING PRESIDENT KUHL: Senator 5 Dollinger, would you yield? 6 SENATOR PATERSON: Mr. 7 President. We would like unanimous consent to 8 open the roll to allow Senator Galiber to vote, 9 who has to leave. 10 SENATOR BRUNO: Without 11 objection, Mr. President. 12 SENATOR GALIBER: No. 13 ACTING PRESIDENT KUHL: Hold on, 14 Senator Galiber. 15 Secretary will read the last 16 section. I don't have a last section. 17 Call the roll. 18 THE SECRETARY: Senator Galiber. 19 SENATOR GALIBER: No. 20 ACTING PRESIDENT KUHL: Senator 21 Galiber is recorded in the negative. 22 Roll call is withdrawn. 23 Senator Dollinger, the floor is 1088 1 yours. 2 SENATOR DOLLINGER: Thank you, 3 Mr. President. 4 In the course of attempting to 5 avoid personal jurisdiction, the Court's 6 exercise of personal jurisdiction over him, in 7 an attempt to avoid the possible consequence of 8 having what could have been a million dollar 9 judgment, $895,000 judgment taken against him, 10 Mr. Gargano, despite having told Senator 11 Leichter that he was a consultant for the 12 corporation, made the following statement under 13 oath, "The address where Plaintiff Key Bank 14 attempted to serve process, 130 East Main 15 Street, Bay Shore, is not my actual place of 16 business. I am retired and do not work; 17 therefore, I have no actual place of business." 18 Seems to me, my colleagues that 19 the statement that I am retired and that I do 20 not work is inconsistent with what this nominee 21 told Senator Leichter before the Senate Finance 22 Committee today. Why are those 23 misrepresentations, however you wish to 1089 1 characterize them, misleading statements, to the 2 United States Senate, to companies in their 3 Securities and Exchange Commission reports, to 4 Key Bank and the State Supreme Court, why are 5 they important in considering this nominee? 6 Let me just give you my view. 7 One of the things that Senator Leichter also 8 mentioned in the Finance Committee was that this 9 nominee had done a great deal of fund raising, 10 appropriate fund raising, fund raising that I 11 don't quibble with and I don't criticize, on 12 behalf of both the junior Senator from New York 13 and the Governor who sits on the second floor. 14 In a question to a question from Senator 15 Leichter about appearances of conflict, how do 16 we send a message to the people of this state 17 that this nominee won't cross that line between 18 being a fund raiser for the Governor and a fund 19 raiser for Senator D'Amato and the chief 20 economic development expert in this state? 21 He said, "I will erect a wall. I 22 will recuse myself. I will take whatever steps 23 are necessary to avoid a conflict of interest." 1090 1 I submit to my colleagues that the fact that 2 there have been misleading statements made 3 before at least raises a question about whether 4 in this context that statement might not be 5 misleading, as well. 6 I will close with one other 7 note. I think it should become apparent to 8 everyone in this chamber that this nominee is 9 very active in an industry which is a part of 10 the major debate in this state. It's called the 11 casino and gaming industry. One of the things 12 the nominee said before the Senate Finance 13 Committee was that -- when we talked about his 14 investment in Winners All, one of the things he 15 said was that I inadvertently left off my 16 investment in Winners All. My understanding is 17 that that's a $400,000 investment that he 18 inadvertently left off his resume submitted to 19 this body. 20 He also said, "I hope they come 21 to the State of New York." I hope Winners All 22 brings their little portable slot-machine-like 23 device that allows gaming to occur. It's now 1091 1 being done on a not-for-profit basis or a 2 gratuity basis, but at least based on what I 3 know it might easily become the next generation 4 of slot machine. He said, I do hope they come 5 to the State of New York. I disagree with this 6 nominee. I hope they don't. I hope casino 7 gambling doesn't come to this state. I've been 8 against casino gambling. I continue to be 9 against it. 10 I point out that Hospitality 11 Systems and Hospitality Financing which owns a 12 portion of Alpha Hospitality is a big player in 13 the casino business throughout this country. It 14 owns a casino down in Mississippi. It tried to 15 work out a joint venture for casinos with the 16 Mohawk reservation. This is the next step on 17 the road down the path toward casino gambling in 18 this state. 19 The chief economic development 20 czar will be someone whose background is in 21 casinos, who has substantial holdings in a 22 casino operating company. I don't think we 23 should go down that road. I think there are 1092 1 questions about this nominee that remain 2 unanswered. The Senate Finance Committee in its 3 wisdom decided not to delay this nomination. I 4 believe personally, as I stand here today, that 5 this nominee may have answers to all the 6 questions I have asked. He may be able to 7 describe and satisfy all my curiosity about what 8 I see as potential inconsistencies in his 9 record. I would invite him, I would encourage 10 him to take the chance to come back to the 11 Senate Finance Committee, listen to these 12 questions, explain these questions. 13 In my opinion, there is no more 14 difficult task than to sit here and analyze 15 someone I never met, look at a public record 16 about him, look at questions that are raised 17 about him and try to make an overall judgment 18 about his fitness and his character. In my 19 opinion, because the Finance Committee has not 20 asked these questions, in my judgment because 21 there are additional questions that need to be 22 answered, I believe my only alternative in 23 exercising the power of advice and consent is to 1093 1 vote no. 2 I wish this body for the 3 integrity of this body would send this 4 nomination back to the Finance Committee. Let's 5 ask these questions, find out whether these are 6 really misleading or untruthful statements, and 7 then make a judgment about the fitness of this 8 nominee. In the absence of that, I will be 9 voting in the negative. 10 ACTING PRESIDENT KUHL: Just for 11 the benefit of the membership, this debate on 12 this nomination started at 4:22. There are 13 currently seven members who still wish to 14 speak. 15 With that, Senator Leichter, on 16 the confirmation. 17 SENATOR LEICHTER: Thank you, Mr. 18 President. 19 I'm troubled, sincerely troubled 20 by this nomination. The Urban Development 21 Corporation, the economic development agency, 22 are terribly important for the New York, but 23 they are also very sensitive positions and Urban 1094 1 Development Corporation has enormous power, so 2 Urban Development Corporation is the most 3 financially potent agency that this state has. 4 It's a cash cow, gives out millions of dollars 5 in grants and contracts, and I think those 6 members who have been here for some years know 7 that nobody has been more critical of the Urban 8 Development Corporation than I have; and if John 9 Daly were here, he would tell you how often I 10 would go up to him and say, "John, you got to do 11 more about the Urban Development Corporation," 12 and he agreed with me that the powers that 13 corporation has, the potential that it has for 14 overriding local zoning, for giving out 15 contracts, really required much more supervision 16 by us. 17 And it's, therefore, clear to me 18 that any nominee in that position has to be, 19 yes, close to the Governor, have the Governor's 20 trust, and I think we all know that Vince Tese 21 was probably one of Governor Cuomo's closest 22 confidants, and I'm pleased that Governor Pataki 23 seems to have great faith in Charles Gargano, 1095 1 but there is another qualification, and that is 2 the qualification that all of us have an 3 obligation to see is provided by this nominee; 4 and that is, a record, a background without any 5 question, without any doubt, as to the way that 6 he has conducted himself in his financial 7 affairs and matters. 8 We're not just here to be 9 doormats for the Governor, and I really plead 10 with my Republican colleagues that we don't just 11 make this a -- where the Constitution says with 12 the advice and consent, that we don't make it as 13 I said in another occasion "advice and applaud"; 14 and the questions and the issues that we have 15 raised today are genuine. They are legitimate, 16 they are factual, and they deserve answers; and 17 I know at the Finance Committee, one my good 18 friends and our colleague got up and said this 19 is all political and so on. It's not. It is 20 absolutely not. 21 We have raised facts. If you 22 heard Senator Dollinger, he gave you chapter and 23 verse of instances where this nominee failed to 1096 1 be as forthcoming as is required by the law and 2 certainly as is required, it seems to me by the 3 important position that he has been nominated 4 for. 5 I am concerned about two 6 aspects. One, the omissions in the resume and 7 the failure to give clear answers to questions 8 that were posed to him. Now, one omission, two 9 omissions, that can happen, particularly if, 10 like Mr. Gargano, you have had a very active 11 financial and business life, you leave something 12 out. But when you have a pattern here, that is 13 disturbing. So we're not just talking about 14 failure to list $400,000 worth of stock; and 15 maybe in my financial situation, it's 16 unthinkable how you could fail to list stock 17 ownership worth $400,000, but maybe for some 18 people in their assets $400,000 is something 19 that you can overlook. 20 But then I asked Mr. Gargano 21 today about a lawsuit that he filed in the tax 22 court, he and his wife filed, that he had no 23 recollection of; and, again, I accept even that 1097 1 it was some years ago. He is had a lot of other 2 things on his mind, but I can not understand how 3 a nomination of this importance that he doesn't 4 go to accountants and lawyers that there isn't 5 care taken with the financial statement and the 6 resume. I think we have a right to demand 7 that. I think we have an obligation to demand 8 it. 9 And the fact that there was this 10 carelessness, if you will, cutting corners, and 11 I don't think there was an intent to 12 intentionally mislead the Senate and, oh, I'm 13 going to keep those things hidden. As I 14 understand it, there was an attitude; and I 15 understand this was also true in dealing with 16 the second floor, like, "Listen my matters are 17 my matters; it's really not that important." 18 Well, I think it is important, and I am 19 concerned when a nominee for this sort of a 20 position -- frankly, for any position but for 21 this sort of a position feels, well, he doesn't 22 have to really work at making that disclosure, 23 at sharing that information. 1098 1 Senator Dollinger talked about 2 the affidavit that was filed in court. I think 3 that's a serious matter. I don't think it's 4 just well, it's a game; I wanted to get away 5 from being served. I think to file an affidavit 6 with a court to say that you are not working for 7 a particular corporation at a particular place 8 when the financial records show that you have 9 received compensation of $75,000 and when the 10 nominee himself stated, "Yes, I did consulting 11 work for that corporation which happened to be 12 the family corporation," I find that disturbing. 13 I'm also disturbed about the fact 14 that the nominee would not make a commitment 15 that he was not going to engage in fund 16 raising. Now, let me say the fund raising that 17 he did, we have no criticism of it. I have 18 never heard anybody say that he did it 19 improperly or illegally or that any issue has 20 ever been raised about him strong-arming 21 people. But in the position which he is going 22 to hold, to go out and fund raise, inevitably 23 raises a conflict in view of the importance and 1099 1 powers of the UDC and the Department of Economic 2 Development, and I find it very hard, even all 3 the other things aside, to vote for a nominee 4 who is going to hold that position who won't 5 make that pledge. Now, some people are going to 6 say, well, Vince Tese went and he raised money 7 for Governor Cuomo. Is that the standard that 8 you want to accept? Is that the standard now 9 that we're going to say? And I think there is a 10 difference because while Vince Tese went and 11 raised some money, he was not - 12 ACTING PRESIDENT KUHL: Senator 13 Leichter, excuse me just a minute. 14 Senator Libous, why do you rise? 15 SENATOR LIBOUS: Senator, will 16 you yield to one question? 17 SENATOR LEICHTER: Yes, as soon 18 as I finish this sentence. I was just going to 19 say that Vince Tese was not the consummate 20 professional, almost, fund raiser that Mr. 21 Gargano was and, therefore, there is certainly a 22 difference. 23 I'll yield, Senator. 1100 1 ACTING PRESIDENT KUHL: Senator 2 Libous, the Senator yields. 3 SENATOR LIBOUS: My question was 4 going to be you obviously must have accepted 5 that standard when you supported Vince Tese's 6 nomination? 7 SENATOR LEICHTER: Let me tell 8 you, when Vince Tese's nomination came before us 9 there was no question of his being a massive 10 fund raiser because he had never engaged in it. 11 I assure you that if he had done that and had 12 the same background as this nominee that I would 13 have insisted that he take the same pledge that 14 I have asked of this nominee. 15 ACTING PRESIDENT KUHL: Senator 16 Libous, are you asking the Senator to yield? 17 SENATOR LIBOUS: Yes, certainly. 18 ACTING PRESIDENT KUHL: Senator 19 yields to another question. 20 SENATOR LIBOUS: So you're 21 telling me at the time of that confirmation you 22 were unaware of any fund raising that that 23 candidate did for the Governor at that time? 1101 1 SENATOR LEICHTER: Absolutely, 2 and I don't think that Vince Tese at any time, 3 certainly not before he became the head of the 4 UDC and I don't believe after, did fund raising 5 in the amounts that Mr. Gargano did, but I think 6 it was wrong. I think it was wrong, and I don't 7 think that I want to establish as the standard 8 of what is right for New York State what 9 happened in other administrations. I think that 10 we learn. I think that we get better, and I 11 have no problem in saying we are going to impose 12 standards that we didn't impose sometime ago. 13 If you want to argue on the basis that - 14 SENATOR LACK: Senator Leichter 15 will you yield for a question? 16 SENATOR LEICHTER: If I may just 17 finish, Senator Lack. 18 ACTING PRESIDENT KUHL: Senator 19 Lack, the Senator refuses to yield at this time. 20 SENATOR LEICHTER: If you want to 21 argue that you see no ethical problem, no 22 difficulty, no risk of any conflict in the head 23 of the Urban Development Corporation going out 1102 1 and raising money, I can accept that argument. 2 I will disagree with you. But if your argument 3 is going to be, well, it was done before. Boss 4 Tweed did it, so we can do it now. I don't 5 think that that's really your position because I 6 know you to be somebody of very high ethical 7 standards. 8 ACTING PRESIDENT KUHL: Senator 9 Libous, why do you rise? 10 SENATOR LIBOUS: Mr. President, 11 and, Senator Leichter, that wasn't my argument. 12 My argument was - 13 ACTING PRESIDENT KUHL: Senator 14 Libous, are you rising to ask a question of 15 Senator Leichter? Are you asking him to yield 16 the floor? Senator Leichter has the floor. 17 SENATOR LIBOUS: I'll put it in 18 the form of a question, then. 19 SENATOR LEICHTER: Sure. 20 SENATOR LIBOUS: It was okay 21 then, but it's not okay now; is that what you 22 are saying? 23 ACTING PRESIDENT KUHL: Senator 1103 1 yields. 2 SENATOR LEICHTER: I am saying it 3 wasn't okay then and it certainly is not okay 4 now. 5 I'll yield to Senator Lack. 6 ACTING PRESIDENT KUHL: Senator 7 Lack. 8 SENATOR LACK: Yes, Senator 9 Leichter, I'd just like to know, considering 10 what the job does, would you prefer that the 11 person who holds that position get on-the-job 12 training to be a fund raiser; and are you really 13 against us because we take an accomplished fund 14 raiser, somebody who already has those 15 credentials, known credentials and puts that 16 person in the job? But it's all right when the 17 person gets there, is that your position, that 18 they learn fund raising on the job? 19 SENATOR LEICHTER: No, no, 20 Senator. I made it very clear. I don't want 21 the head of the Urban Development Corporation 22 who gives out contracts to lawyers and insurance 23 companies and contractors and all sorts of 1104 1 people to do any fund raising even if he's never 2 raised a dollar before or whether he has raised 3 $100 million before. I don't think he should do 4 it. 5 And I asked this nominee would he 6 say that he would not engage in fund raising; 7 and while he, you know, made certain statements, 8 he refused to make that statement, and I think 9 that's important. I think it's important for 10 all of us to impose that on somebody who is the 11 economic development czar of the State of New 12 York. 13 SENATOR LACK: Mr. President. 14 Can I ask Senator to yield to another question, 15 please? 16 ACTING PRESIDENT KUHL: Senator 17 Leichter, do you continue to yield? 18 SENATOR LEICHTER: Yes. 19 ACTING PRESIDENT KUHL: Senator 20 yields. 21 SENATOR LACK: Mr. President. 22 Senator Leichter, could you please inform the 23 body how many times after you might have become 1105 1 aware -- he might have become aware, Mr. 2 President, that the former occupant of this 3 position, Mr. Tese, was engaged in fund raising 4 did Senator Leichter draft and release press 5 releases calling on Mr. Tese to resign his 6 position; and particularly during the last 7 gubernatorial campaign, how many press releases 8 or public statements did Senator Leichter make 9 that Mr. Tese should resign his positions? 10 SENATOR LEICHTER: Senator Lack, 11 I didn't do it. I was not aware, first of all, 12 that he was engaged in massive fund raising. 13 SENATOR LACK: I didn't know it 14 and I wouldn't know it if he did it. All 15 right. I hear your position. Thank you very 16 much, Senator. 17 SENATOR LEICHTER: Fine. But, 18 Senator, I think you know me and you know I 19 speak my mind, and I have had enough 20 disagreements with Governor Cuomo and also Vince 21 Tese, but I tell you that it's something that if 22 it had been called to my attention, I would have 23 done. I should have done it if it was so, and I 1106 1 assure you that I'm not trying to apply a double 2 standard, and I would hope and I think it's the 3 case that if Governor Cuomo had been reelected 4 and we had now to pass on the confirmation of 5 Vince Tese that I would do the very same thing. 6 I think really that's the issue; 7 and, Senator Lack, I say the same thing I said 8 to Senator Libous and I say the same thing to 9 everybody here because I think we all have a 10 high ethical standard. I don't think that we 11 should argue because it was done in another 12 administration -- because it was done in the 13 days of Boss Tweed and so on, are you going to 14 argue, well, we have a right to row up the 15 Hudson River with a satchel bag full of dollars 16 and pay off the legislators. It was done then. 17 It was wrong then, and it was wrong -- if Vince 18 Tese did it, it was wrong; and it's wrong in 19 that position to be an active fund raiser. It's 20 as simple as that. 21 SENATOR LACK: Thank you, 22 Senator. I'll save my remarks for when I speak. 23 ACTING PRESIDENT KUHL: Senator 1107 1 Velella, why do you rise? 2 SENATOR VELELLA: Will you yield 3 for a question? 4 SENATOR LEICHTER: Sure. 5 ACTING PRESIDENT KUHL: Senator 6 yields. 7 SENATOR VELELLA: I understand 8 your argument that it was wrong if Vince Tese 9 did it and it was wrong if his successor would 10 do it. I just want to ask you, did you ever 11 take a look at Mario Cuomo's filings and compare 12 what he received for his campaign committees 13 against the economic development grants that 14 were made in New York State? Did you ever have 15 that much concern about the integrity of the 16 process when Cuomo was in office and why this 17 new found concern about the integrity? Does the 18 fact that it's a Republican governor make it 19 that much more pressing in your mind; and might 20 that be politically motivated more so than not 21 even caring to look and see if Vince Tese had 22 been soliciting people from the economic 23 development grants? 1108 1 SENATOR LEICHTER: Let me assure 2 you, Senator Velella, that it is not the fact 3 that this is a nominee of the Republican 4 governor and this is somebody that raised a lot 5 of money from the Republicans. That is 6 absolutely not a factor in me. If you want to 7 say, Leichter, you should have done that, I will 8 concede it. I should have. You are absolutely 9 right. I should have done that. 10 Let me just conclude. You know 11 we have heard some very fine things about this 12 nominee, and I think for various jobs, for 13 various functions, there is no question this 14 seems to be a very fine person. I don't know 15 him myself, but certainly when you hear what he 16 did to help Italy in the earthquake; he seems to 17 have been extremely active in his community and 18 philanthropic matters; but it seems to me that 19 all of that is really almost irrelevant. The 20 fact that he was confirmed by the U.S. Senate in 21 1981-82 for position as Ambassador as if 22 everything he did since then, as if any 23 affidavit filed afterwards in court whether 1109 1 accurate or false is irrelevant. Obviously, 2 that's totally meaningless, and the fact that he 3 was honored as he has been by the government of 4 Italy, that speaks very well for him. But none 5 of that, none of that, can excuse or explain the 6 failure to present us with a complete record and 7 particularly of his financial dealings, of his 8 lawsuits, of his stock ownerships; and I think 9 none of that has any bearing on a nominee who is 10 stepping into this position, going to be the 11 head of this cash cow, and who says I'm going to 12 continue to be an active fund raiser. That it 13 seems to me is something that to my mind make 14 him not qualified for this position. 15 I'm going to vote against this 16 nomination. 17 ACTING PRESIDENT KUHL: Senator 18 Waldon on the confirmation. 19 SENATOR WALDON: Thank you very 20 much, Mr. President. What we're experiencing 21 here today in my opinion is not about Ambassador 22 Gargano at all. It's about a process. It's 23 about a process that has given us a very good 1110 1 view under a microscope of our conversation and 2 dialogue today about disrespect, disservice and 3 deception. We are witnessing a raw exercise of 4 power. 5 Last Friday, I am told that the 6 Minority Conference became aware that Ambassador 7 Gargano would be proposed this week. That did 8 not give sufficient time to the Minority to have 9 all of the information related to this 10 gentleman. I am sure that Mr. Gargano is 11 honorable, respectable. He certainly has had an 12 extraordinarily successful life, one of which he 13 and his family should be quite proud; however, 14 the disservice has been, the deception has been 15 that the Republican Majority did not allow the 16 Democrat Minority to have time to become 17 sufficiently aware of this person, this 18 candidate, this nominee so that we could make a 19 valid judgment about his capability to serve. 20 There was deception to the candidate. He was 21 not told that he would be thrown into this, if 22 you will, hot bed of controversy not of his own 23 making, necessarily, but because people are 1111 1 upset and disturbed that they should be so 2 disrespected as to be excluded from the 3 process. That is a collegial body. We are 4 accustomed to scratching each other's backs. We 5 are accustomed to making deals. That's how we 6 got here. 7 Yet about something that is as 8 important as who will lead the most important - 9 being redundant -- economic arm, perhaps, of 10 state government department, we're not made 11 aware of what the real deal is. I'm not in a 12 position to admonish my Republican colleagues, 13 nor is it my style, but I would suggest to you 14 that one day down the road on something perhaps 15 as important as this or less important than this 16 nomination, you will need some of us on this 17 side of the aisle who can think rationally and 18 sometimes with our hearts and who want to do the 19 right thing about something that you suggest, 20 and it might make sense for you to take a 21 posture which says, well, let's at least 22 communicate to Marty Connor, our Leader, what is 23 going on, because when there is no communication 1112 1 there is no ability to have a valid judgment on 2 this side of the aisle. 3 So I believe that you, meaning 4 the Minority Conference, did this candidate a 5 tremendous disservice and in doing him a 6 disservice with the deception you did a 7 disservice not only to this body and to your 8 colleagues who happen to be Democratic but to 9 yourselves as well. But, most importantly, the 10 deception and the disrespect ended up in 11 disservice to the people of the State of New 12 York who need to have a good Commissioner in 13 this position. 14 So I would just suggest, please, 15 in the future recognize that we, too, need 16 information in order to make valid judgments. 17 It's not going to undermine you or undermine 18 your process, but give us some lead time so that 19 we can think and get our act together. Maybe 20 we're not as quick as some of you. Maybe we're 21 not as fast studies as some of you, but we're 22 here to serve and to serve well, as are you. 23 Thank you very much, Mr. 1113 1 President. 2 ACTING PRESIDENT KUHL: Chair 3 recognizes Senator DeFrancisco on the 4 confirmation. 5 SENATOR DeFRANCISCO: Thank you, 6 Mr. President. Just briefly on the process, I 7 have been here a short three years; and, quite 8 frankly, I don't see a difference in the process 9 today as there was the last couple of years 10 whenever we had a confirmation, so I am very 11 comfortable that the process has been applied 12 whether it's a Democratic governor or a 13 Republican governor in the same fashion. My 14 view of what we're supposed to do in this body 15 when we receive a nominee is to determine 16 whether the individual is capable and qualified 17 to perform the function. 18 Unfortunately, when you have an 19 individual who has a substantial business 20 background with many holdings with much 21 experience, with much success, I might add, that 22 individual is subject to more and more scrutiny 23 about his personal affairs, his personal 1114 1 business acumen, his contacts, and the like 2 which I think is a bit unfortunate. 3 Let me draw an analogy to the 4 Supreme Court nominees that have to appear 5 before the Senate for confirmation. Over the 6 years, you are better off if you want to be a 7 Supreme Court judge if you've never had an 8 opinion on anything. If you've never had a 9 published opinion that could be criticized 10 because maybe your philosophy is not the same as 11 the individual who is doing the inquiry. 12 Similarly, if we're looking for 13 someone that has no business background and that 14 doesn't have a lot of dealings with different 15 people under different circumstances, it seems 16 almost you are more qualified because there is 17 nothing really to criticize. To me, what's 18 important about this particular nominee is the 19 fact that he has a broad range of business 20 experience. He has an ability to bring this 21 state in the different direction, the direction 22 that we've been trying to bring this state in 23 and all of us want to bring the state in; and 1115 1 with his qualifications, with his experience, 2 and with his success, I think he will bring 3 success to the State of New York, and I will be 4 more than happy to support this confirmation. 5 ACTING PRESIDENT KUHL: Senator 6 Gonzalez. 7 SENATOR GONZALEZ: Thank you, Mr. 8 President. I rise to second the nomination of 9 Charles Gargano. The Ambassador -- I happen to 10 know the Ambassador for approximately five or 11 six years. I think that the question is whether 12 he is immensely qualified. I think he is. I 13 support his confirmation. I think that when 14 they mention about the United States Senate I 15 think it was somewhere around 1988 where he was 16 confirmed and possibly prior to that in 1981 for 17 the federal position that he undertook then, and 18 I support his nomination and confirmation and 19 wish him all well. 20 Thank you, Mr. President. 21 ACTING PRESIDENT KUHL: Chair 22 recognizes Senator Lack. 23 SENATOR LACK: Thank you, Mr. 1116 1 President. 2 After seventeen years in this 3 body, I finally learned something new about 4 democracy today in the land of the free and the 5 home of the brave, and that is when Senator 6 Mendez stood up to praise a nominee from a 7 Republican governor, she was immediately 8 attacked. There was an attempt to eat her up 9 from her own side. 10 So my congratulations to the 11 members of the Democratic party in this house 12 you certainly know how to keep an even standard 13 of things and make sure -- make sure that you 14 carry out what we Republicans have been saying 15 for all these years, that when it comes to 16 running a monolithic political party, you people 17 certainly know how to do it better than we do. 18 Now, I'm probably the only person 19 from Long Island who hasn't known Charlie 20 Gargano for 25 years, but as I've heard the 21 Democrats today list his assets, I wish I had 22 known him for the last 25 years. 23 The only conclusion I can draw 1117 1 today is that if you want somebody to head UDC 2 and head economic development in this state, God 3 forbid that he ever had anything to do with it, 4 because we certainly don't want anybody who is 5 successful. We certainly don't want anybody who 6 has been in business. We certainly don't want 7 anybody who's ever built things. We certainly 8 don't want anybody who has been known, and we 9 certainly don't want anybody who wants to sit 10 here and listen for two hours to this awful, god 11 awful, political exercise that we have been put 12 through. 13 You know I used to enjoy the fact 14 that we, the members of the New York State 15 Legislature, have immunity for being sued for 16 anything we say on the floor of this 17 Legislature. I might just put in a bill to 18 repeal that. Maybe it will change some of the 19 tenor of some of the remarks I have heard today 20 about this mystery person that we are obviously 21 trying to confirm, a mystery person that at 22 least seven Senators have stood up and said they 23 have known for 25 years; yet one person stood up 1118 1 and said he is obviously not registered to 2 vote. 3 Well, Mr. Ambassador, I want to 4 congratulate you. You are probably the only 5 person in history, at least who's been publicly 6 credited, with raising $14 million dollars to 7 get a governor elected in this state, is known 8 to be the chief fund raiser for what my 9 Democratic colleagues like to refer to as the 10 junior Senator from State of New York; and, if 11 that's the case, after what he did last night, 12 I'd hate to see what happens if he ever became 13 the senior Senator from New York; but, besides 14 that, I want to congratulate you that no one has 15 ever heard of you, but you raised 14 million. 16 You are the chief fund raiser for the person who 17 is now the head of the United States Senate 18 Campaign Committee, but we don't know who you 19 are. 20 If there is some inconsistencies, 21 my colleagues on the other side of the aisle, 22 let me you explain. I know Senator Gold is 23 looking at me saying Long Island is going to get 1119 1 its share. Well, if we can get our share by 2 getting appointees of the caliber of Charlie 3 Gargano to take over those positions in state 4 government which have run amuck for these past 5 years, I would like nothing better. 6 Of course, as Senator Leichter - 7 and I admire Senator Leichter, because I 8 truthfully believe that Senator Leichter 9 believed everything he said. If everybody on 10 the other side of the aisle was like Senator 11 Leichter, this would have been a much shorter 12 debate. However, Senator Leichter, some of your 13 colleagues, quite frankly, don't fit into that 14 mold. If there is anybody other than Senator 15 Leichter in this room who thinks that Vincent 16 Tese never raised a dollar for a political 17 party, please stand up now. Anybody, Republican 18 or Democrat, who doesn't think he ever raised a 19 dollar, stand up right now. 20 (There was no response.) 21 Now, if there is anybody who ever 22 thinks that Vincent Tese who held these 23 positions before Ambassador Gargano never came 1120 1 onto Long Island or any place else and tried to 2 raise political havoc, please stand up now. 3 (There was no response.) 4 He never showed up any place. 5 Never tried to bring UDC out, never tried to 6 come into the Town of Huntington to try to 7 change things around. No-no, no-no, we had a 8 nonpolitical operation, and there was certainly 9 not under Governor Cuomo any awarding of grants, 10 items, hiring of counsels or anything that were 11 in the least bit political in this state. Aw, 12 come on, for shame. 13 I mean I have listened -- I will 14 yield when I finish, Senator. Thank you. Just 15 like you. 16 I have listened here very nicely 17 all afternoon, and I -- I know you people don't 18 want to hear it because this isn't a political 19 conversation, but it occurs to me that the only 20 two nominees my colleagues on the other side of 21 the aisle have bothered to stand up and make a 22 "federal" case about has been John Sweeney and 23 Charlie Gargano. Now, I know that has 1121 1 absolutely nothing whatsoever to do with 2 politics, and I want to congratulate all of you 3 over there. 4 Now, Senator Dollinger, you are 5 really the best. I mean you really are. I mean 6 lord knows you are a great litigating attorney. 7 Now, that was a wonderful affidavit you stood up 8 and read. It really was. Mr. Gargano said in 9 the affidavit, for purposes of where I'm going 10 to be served, I'm retired and I don't work; and 11 Senator Leichter or whoever stood up and said, 12 "Yeah, he earned $75,000." As what? As a 13 consultant for the corporation. 14 Well, I know none of you over 15 there has ever done any consulting work. Of 16 course, if you ever leave the Senate and you 17 want a political contract for consulting work, 18 maybe Ambassador Gargano will help you out. 19 But, besides that, in any event, you might not 20 have an address where you can get sued at for 21 purposes of where you are doing your 22 consultancy. But let's stand up and read that 23 affidavit because that really means something 1122 1 that he wasn't working as an officer or an 2 employee from 9:00 to 5:00 at that place of work 3 in Bay Shore, Long Island. 4 That's right, Senator Dollinger, 5 he wasn't. He was a consultant to a company for 6 which he earned money, but he wasn't at that 7 address day-to-day receiving and filing a time 8 sheet for his hours. By the way, no one here 9 files a time sheet, either, as a member of this 10 Legislature, but that's okay. We wouldn't want 11 to expect that for our appointee. 12 All I can say is after listening 13 to this, listening to this, is there any wonder, 14 is there any wonder, why the Governor of this 15 state is trying to downsize this state's 16 government. 17 Ambassador Gargano, I wish you 18 all the luck. Quite frankly, I don't know why 19 after you have listened to all this that you 20 want to take this on publicly, but the fact that 21 you do and the fact that you have sat here all 22 afternoon as whatever has transpired here - 23 certainly nothing of any great value -- my 1123 1 congratulations to you. I wish you good stead 2 and good luck in everything that you undertake. 3 And, yes, Senator Gold, I will 4 yield to you feel. 5 SENATOR GOLD: Thank you. Mr. 6 President, if -- the Senator said he'll yield. 7 ACTING PRESIDENT KUHL: Senator 8 Lack yields. 9 SENATOR GOLD: You indicate all 10 of these things that you said that Vincent Tese 11 did. I have one question along those lines. 12 Are you also saying that Vincent Tese misled the 13 Senate committees with his answers on his 14 resumes, et cetera? 15 SENATOR LACK: No, I don't think 16 Vincent Tese misled with his answers on the 17 resume, and do you want to know something, 18 Senator Gold? 19 SENATOR GOLD: Sure. 20 SENATOR LACK: I don't think 21 Charles Gargano did either. I'm sure you can 22 stand up -- I mean I've got a Red Book here. We 23 are going run out of time in 15 minutes and the 1124 1 president would not like it, but I could stand 2 here and start reading all the self-made 3 descriptions of every member of the Senate as 4 put in by every member of the Senate as to all 5 the great things they've -- ever did in their 6 life, and I'm sure since we've all submitted 7 these ourselves, there is absolutely no 8 inaccuracy whatsoever on any page in this book 9 on anything that's ever been submitted by a 10 member of the Senate about his or her 11 background; and if anybody would like me to 12 stand up and read their biography as they 13 submitted it and all the great things they have 14 always done, then I've got no problem and I'll 15 be glad to read out everything they've done. 16 SENATOR GOLD: Senator, will you 17 yield to another question? 18 SENATOR LACK: Yes, sir. 19 SENATOR GOLD: Are you saying 20 I'm really now upset, because I'm taking you 21 very seriously. Everything you say makes sense, 22 so I'm taking you very seriously, but are you 23 saying that there are members of the Senate who 1125 1 have given their resume and that they're not 100 2 percent accurate. 3 SENATOR LACK: I wouldn't know 4 that, Senator. I just said that I would offer 5 to read everything that anybody submitted here. 6 SENATOR GOLD: Senator Lack. 7 SENATOR LACK: Yes. 8 SENATOR GOLD: You know, the 9 thing that bothers me let's get it out on the 10 stable. 11 ACTING PRESIDENT KUHL: Senator 12 Gold, are you asking the Senator to yield. 13 SENATOR GOLD: Yes. 14 ACTING PRESIDENT KUHL: I'd 15 appreciate it if you keep the conversation 16 through the chair. Senator Lack, do you yield? 17 SENATOR GOLD: You are absolutely 18 right, Mr. President. It's refreshing. 19 ACTING PRESIDENT KUHL: Senator 20 yields. 21 SENATOR GOLD: Senator Lack, what 22 bothers me and I would like your comment, the 23 individual involved has worked in a lot of areas 1126 1 and, on the face of it, has experience, but are 2 you saying that if you have a certain amount of 3 experience that at that point in time you become 4 immune to people saying to you what about this 5 and that, and you don't have to answer the 6 questions accurately. You can fudge them, you 7 can mislead them; and as long as the person has 8 a resume that sets forth a good deal of 9 itemization on other things you say those are 10 irrelevancies. I can't believe that is your 11 position, Senator. 12 SENATOR LACK: I didn't say that 13 at all, Senator. 14 SENATOR GOLD: Well, then, 15 Senator, if you will yield to another question. 16 ACTING PRESIDENT KUHL: Senator, 17 continue to yield? 18 SENATOR LACK: Yes. 19 ACTING PRESIDENT KUHL: Senator 20 continues to yield. 21 SENATOR GOLD: I'm not arguing 22 that this man has certain experience. What 23 troubles me and other people is a lack of candor 1127 1 about things which are significant and which 2 were to be answered, and I have to believe, 3 Senator -- I mean you can make all of the 4 remarks about this being political and we care 5 because this guy is a fund raiser. That is 6 utter, utter nonsense. It's utter nonsense, 7 because I'll tell you something. If George 8 Pataki had people who were qualified and who did 9 him political favors during the campaign and 10 they are qualified, I don't have a problem with 11 his making those appointments. He has a right 12 to do that. It happens all over. 13 The questions here are legitimate 14 questions and if you don't see them as 15 legitimate, Senator Lack, then I got to wonder 16 about you, and I don't wonder about you because 17 you are a darn good lawyer. Now, you are 18 carrying the coals here today and you got to do 19 it and I respect that. But let's put it on the 20 table. If Mario Cuomo were the governor, and 21 this came before the Senate and you had a 22 nominee with a great background on paper who 23 didn't answer questions accurately and there 1128 1 were questions about lawsuits he forgot about 2 and there were boards of directors that he said 3 he was on that he wasn't, you guys would never 4 confirm him if it was a Mario Cuomo appointment. 5 ACTING PRESIDENT KUHL: Senator 6 Gold, that's the longest question I've heard in 7 my life and I feel I haven't heard it yet. Are 8 you asking a question, Senator Gold? 9 SENATOR LACK: Yes, I was looking 10 for the question mark, Mr. President. 11 SENATOR GOLD: Yes. Isn't that 12 right? 13 ACTING PRESIDENT KUHL: Senator 14 Gold -- Senator Lack, you have the floor. 15 SENATOR LACK: If I may answer 16 Senator Gold's question. No. 17 ACTING PRESIDENT KUHL: Senator 18 Larkin on the confirmation. Senator Larkin 19 passes. 20 Senator Stafford on the 21 confirmation. 22 SENATOR STAFFORD: Very briefly 23 Mr. President. What we've always tried to do 1129 1 and we did today in the Finance Committee, 2 everyone talked who wanted to talk, everyone 3 asked questions who wanted to ask questions. 4 Let's make that very, very clear. 5 Now, I would also point out I 6 have to mention fund raising. Some of us have 7 not been too much involved in fund raising 8 because thirty years ago I had a couple fund 9 raisers and I lost money, and I decided that, 10 you know, it doesn't help that much. But now 11 today we have to have it, and I understand 12 that. 13 Now, I -- you know, things are 14 mentioned during these debates. Now, casino 15 gambling, I only point this out because, again, 16 it depends on where you are coming from. Now, 17 the thing is I could say that the native 18 Americans are able to have these casinos because 19 in the middle of the night they passed a bill 20 and that was included and it was for industrial 21 development, economic development. Now, the 22 problem is in my area it's getting so, most of 23 my colleagues know, you can leave Plattsburgh 1130 1 and within 45 minutes going north you are in a 2 very fine casino; and in about a month or less 3 if you go west you are going to be at a very 4 fine casino right on the border of the reserve. 5 So, again, we can suggest that 6 that's all bad to be involved in, but it's the 7 real world. 8 I would only emphasize this point 9 if we're going to have people in government who 10 have had experience who have worked, I assure 11 you, and I say this in complete good faith, 12 anybody who has ever filled out an SEC 13 application, if you are on a board where you 14 have to fill out a form for the SEC, you have to 15 fill it out every year, and believe you me, you 16 have no idea. To get that perfect, you have no 17 idea the time you have to spend on it, and you 18 can say that's part of the problem, by the way, 19 to leave it to your accountants and I won't say 20 lawyers but, yes, lawyers, and sometimes it 21 isn't as perfect as it should be. 22 I make this point. I looked at 23 this. As far as the bank board is concerned, I 1131 1 believe the Ambassador was forming a bank; and 2 then when he got started into federal service, 3 he withdrew. But I think we could just go on 4 and on and on. The Tax Court, I notice that it 5 was the party suing the Internal Revenue and the 6 United States of America. Well, that's the 7 right side! And then it was withdrawn. It was 8 withdrawn, and it was mentioned here. All of us 9 could go to our lawyer. We could talk about it 10 and say, "We're going to do this," and we're all 11 the same. When you sign a form or sign an 12 affidavit or if you sign the complaint in a 13 matter and you have a lot of work with your 14 lawyer, I can see that happening. I can see the 15 matter proceeding, then it's withdrawn. I will 16 only say that we could go on and on and on. 17 But, Mr. President - 18 Well, I have to also commend 19 Senator Lack because I thought this was going to 20 be the key point that I could make tonight to 21 show that I practice a little law. But, again, 22 the CPLR, that's what it's all about. You have 23 to be working there. You have to be an employee 1132 1 and you can be served. If you are a consultant, 2 it does not make it possible for you to be 3 served or if you draw dividends, so you also can 4 be paid. 5 But I have to say here, Mr. 6 President, we have a nominee who has done a 7 great job, family, business, government, 8 political party. I believe this is correct. He 9 received from the State Department a top secret 10 clearance in 1988; and for any of you who have 11 been through that, I assure you that is not 12 obtained easily. 13 Mr. President, yes, it's our good 14 fortune that Ambassador Gargano, Charlie 15 Gargano, worked hard for our candidate, our 16 successful candidate, Governor Pataki. He 17 understands business. He understands the 18 political system. I think that he is just the 19 person to be serving as the economic czar, as 20 chairman of the UDC, and as Commissioner of the 21 Department of Economic Development. I say here 22 today that we are better and will be better here 23 in New York State because of Governor Pataki's 1133 1 nomination of Ambassador Charles Gargano and 2 that we in the state will be better when he 3 serves and carries out the responsibilities of 4 these offices. 5 ACTING PRESIDENT KUHL: Chair 6 will recognize Senator LaValle, then Senator 7 Connor to close for the Minority and Senator 8 Bruno to close for the Majority. 9 Senator LaValle. 10 SENATOR LAVALLE: Thank you, Mr. 11 President. 12 Certainly, those of us who live 13 and have been involved in public life know of 14 the record of Ambassador Gargano; and, 15 certainly, many speakers have indicated many of 16 the things that he has been involved in; but I 17 would just like to pick up where Senator Lack 18 left off with a rhetorical question of why 19 Ambassador Gargano, given such a distinctive 20 career, would put it all on the line to receive 21 an appointment and go through what he did 22 today? 23 There is no doubt that a person 1134 1 is fair game in questions that deal with -- you 2 have stock; what are you going to do with it, 3 how are you going to handle certain matters, and 4 so forth, and there was certainly a significant 5 amount of that questioning in the Finance 6 Committee. I think the Ambassador answered 7 those questions straightforward. Where he did 8 not have an answer, he simply said, "I don't 9 know. Some of those matters were handled by an 10 accountant or an attorney," and so forth, and I 11 think he was very, very straightforward. 12 But what is important for this 13 body and our process is the fact that we do not 14 dissuade competent and the best and brightest of 15 our citizens from public service, and that's 16 what this is all about, Ambassador Gargano. 17 Certainly it's not the salary. It is something 18 that he feels he can contribute in moving this 19 state with our Governor and this Legislature out 20 of economic doldrums to return it to a position 21 of the Empire State, to create jobs, to give 22 people a sense of security, and we haven't 23 dwelled enough about his credentials, his 1135 1 education, degrees in engineering and in 2 business. A successful business person who 3 knows how to make thing happen, what kind of 4 better person do you want in a leadership 5 position to lead this state forward to interact 6 with business leaders across this state; and he 7 has already had many dealings with people from 8 one end of the state from Montauk Point to 9 Niagara Falls, and so we are very, very 10 fortunate to have a person who knows how to make 11 things happen, who knows how to sit down with 12 business leaders in this state to make and 13 create jobs; and I think we all know being 14 public officials that one day in one bit of 15 scrutiny does not end there. Each of us as we 16 conduct ourselves are constantly under scrutiny, 17 and so I believe that both in the committees, 18 the standing committees that examined this 19 nominee and today in the Finance Committee, in 20 this debate, I'm not sure there are many people 21 that have come before this august body who have 22 received greater scrutiny. 23 So, it's indeed -- as a Long 1136 1 Islander to rise today to talk about this 2 nominee as many have done, and I believe that 3 his credentials, his energy and his success in 4 the business community will be a great help to 5 creating jobs and returning economic vitality to 6 this state. 7 ACTING PRESIDENT KUHL: Chair 8 recognizes Senator Connor to close debate for 9 the Minority. 10 SENATOR CONNOR: Thank you, Mr. 11 President. You know, I have heard a lot in the 12 time I was out here about how the Senate ought 13 to approach confirmations, and I think back many 14 years ago to when Senator Levy, in fact, was 15 chairman of a committee and raised questions 16 about a nominee, witnesses were subpoenaed and 17 testimony under oath was taken for -- went on 18 for months until the nomination was killed and 19 that clearly was the political directive of the 20 Majority Leader at the time. But it was a 21 process that certainly had all appearances of 22 being a diligent inquiry and many steps were 23 made. 1137 1 Other nominations over the years 2 when it was a Republican Senate examining a 3 Democratic governor's nominees delved quite 4 extensively into the nominees and their 5 backgrounds required great exposure. 6 I remember -- you mentioned 7 Vincent Tese. When he was first nominated 8 twelve years ago, it was as Superintendent of 9 Banks, and he had divested himself into a blind 10 trust of all stock and investments; and when he 11 appeared before the relevant committee, and I 12 don't recall which one of my esteemed Republican 13 colleagues it was, but someone raised the fuss 14 about the fact that he still owned gold bars, 15 "...and might that not be a conflict for a New 16 York State Banking Superintendent to own eight 17 or nine million dollars worth of gold bars" as 18 if the New York State Banking Department could 19 effect the world market in gold in Hong Kong, 20 Tokyo, and whatever. Mr. Tese said, "You know 21 what? I don't want any controversy," and he 22 sold his gold bars between the meeting of the 23 Banking Committee and the Finance Committee, 1138 1 which was an one or two week lapse of time, and 2 he sold his gold bars. The last laugh was on 3 the Senator who raised that, since it so 4 happened he hit a point when the gold was 5 900-and-some dollars an ounce, made five or six 6 million dollars by selling it at that point 7 rather than later. But the scrutiny, the 8 diligent concern for the potential of conflict 9 in him owning gold -- I thought they were going 10 to make the man sell the ring off his finger to 11 be the Banking Department Superintendent -- was 12 rather rigorous, rather overly -- I thought a 13 little overly zealous; but, nonetheless, this 14 was the way the Senate operated in screening 15 Governor's candidates. 16 And let me say that not for a 17 moment do I hold it against Ambassador Gargano 18 that he raised so much money for his candidate. 19 I don't resent that at all. I'm frankly envious 20 of it, but I think certainly we are all in 21 politics here. We respect people. As Senator 22 Leichter pointed out, there has been no 23 suggestion, not one suggestion whatsoever, that 1139 1 he did anything improper in raising that money 2 other than work very, very hard at it, and we 3 all accept that and can appreciate that as a 4 good job well done in politics; and so for that, 5 again, I don't hold that against him. My hat's 6 off to him for that. In fact, in comparing 7 Vincent Tese, I have no personal knowledge of 8 whether he raised funds or not. He may have, he 9 may not, but I assure you I don't think he 10 raised $14 million. 11 SENATOR LIBOUS: Not even a close 12 second. 13 SENATOR CONNOR: "Not even a 14 close second," okay. So that's not an issue 15 here. 16 The issue of how much involvement 17 Mr. Gargano may or may not do as the UDC chair 18 of fund raising I think is one that Senator 19 Leichter explored. I think it's a valid concern 20 to have, and I think we know who is in the 21 majority in this house, and I think that 22 Ambassador Gargano will -- should he be as 23 zealous at fund raising in the future will 1140 1 probably have to answer to public opinion about 2 that. I'm hoping he is much too busy bringing 3 jobs into New York State and doing his job, much 4 too busy doing that rather than raising money 5 for Republican candidates. 6 The real concern I have here and 7 it's one of process because I'm concerned about 8 the Senate as an institution, and I think the 9 sometimes overzealous scrutiny that the Majority 10 in this house gave to Democratic governor's 11 candidates did two things. It set a standard 12 you ought to still abide by and, secondly, it 13 delivered some degree of comfort to people on 14 this side of the aisle that while it was our 15 governor's nominee coming up, we knew they were 16 being run through the ringer, so to speak, and 17 they were being forced to disclose interests 18 which may be real or apparent conflicts. I 19 think there is some concern on this side of the 20 aisle, and we understand certainly the desire of 21 the Governor, and the Majority to assist him, in 22 getting his administration up and going. That's 23 legitimate. I don't think we want to see any 1141 1 shortcuts either on time and we don't want to 2 see any shortcuts on the substance of 3 disclosure. 4 Now, certain issues were raised. 5 Senator Stafford said, "What's wrong with 6 casinos? They are there." I don't see anything 7 wrong with casinos. I have not made a judgment 8 and I think most of my colleagues have not made 9 a judgment about whether or not casino gambling 10 is a desirable thing for New York State to 11 undertake or authorize as a matter of economic 12 development, but I think we all know it is a 13 present issue. It is an issue this year, next 14 year; it's been an issue. It was almost an 15 issue the last day of session last year, and I 16 think people can see that -- I would hope that 17 whoever is in charge of economic development for 18 New York State would opine about that to us, 19 would investigate it, would have a role in that, 20 and I can see where the public at large, 21 whatever we decide about, for example, casino 22 gambling, the public certainly has to be 23 reassured that when we make that judgment that 1142 1 that's the best judgment we have for the welfare 2 of the people of the New York and the economy of 3 New York. I don't think there ought to be any 4 cloud or anybody questioning, "Gee, did somebody 5 have an interest that influenced them one way or 6 the other," influenced them to be for casinos 7 because "Oh, boy! I own some casino stock" or 8 "Gee, I'm against casinos because I own some 9 casino stock and have a couple going on native 10 American reservations." So I was greatly 11 concern about that holding. 12 I appreciate Ambassador Gargano 13 brought that up to me and said, "I will resign 14 as a director." I think the number of shares 15 involved is probably significant, and something 16 ought to be done about that, perhaps a blind 17 trust or disposing of them even as Mr. Tese 18 disposed of his gold bars once upon a time. 19 I think that other questions have 20 been raised since then, and I ascribe absolutely 21 no conscious attempt to mislead to this. I 22 don't think for one moment Mr. Gargano thought 23 he would deliberately mislead the Senate or hide 1143 1 anything. I don't look at any bad motives here, 2 but I think someone who is about to be confirmed 3 to such a high position who has been such a 4 remarkably successful business person, obviously 5 someone who is successful in other endeavors, 6 just about everything he tried, business, fund 7 raising, whatever, ought to have been more 8 careful and respectful toward the Senate and the 9 public in making sure that, look, if he didn't 10 have it at his fingertips, somebody, accountant, 11 lawyer, business manager, whatever, sat down and 12 prepared these disclosures so that they were 13 full and candid disclosures; because, 14 regrettably, when I pick up a newspaper and hear 15 about two corporations I never heard of before 16 and some other interest I never heard of, 17 naturally your first conclusion is, "What else 18 is there?" 19 I don't mean that as a matter of 20 innuendo. It's just a natural reaction, and why 21 wasn't this down on the paper we Senators were 22 given, and I think that reflects back, and I 23 would urge the Majority -- and I know it's a new 1144 1 experience for the Majority to be -- at least 2 new for the last 20 years to be screening 3 nominees of their own party's governor, and I 4 urge you in the future, you know, to insist on 5 that disclosure because it's not just upholding 6 the Senate as an institution and its 7 institutional role. It's not just protecting 8 the public. I think it's a good service for 9 your governor. It's a good service for your 10 party, and it's a good service for your party's 11 nominees. If your staff rather than say, "Can 12 we get Ambassador Gargano through quickly? He 13 is a good guy. He has been such a good 14 Republican," if instead of that you encourage 15 your staffs to, say, sit down with that nominee 16 and put him through the mill a little bit like 17 you did Cuomo's to make sure we get it all out 18 there so nobody gets embarrassed in the end and 19 there are no appearances -- no appearances -- of 20 conflicts and no spectre of conflicts. 21 I'm very, very disappointed about 22 the way the process was here when some of these 23 items that were unexplained or undisclosed were 1145 1 called to my attention at the end of last week, 2 I asked my counsel to write a letter to the 3 second floor, specify we would like this 4 following information about Ambassador Gargano. 5 These questions have come up. What's this 6 corporation? What's that one we haven't heard 7 of before? The reply we got was perfunctory, 8 was not the kind of detail that I would expect, 9 that I think you ought to expect under such 10 circumstances. 11 And all of that leads me to 12 really a very regrettable conclusion and that 13 is, today, standing here now forced to vote, I 14 have to vote no on this nomination not because I 15 think the Ambassador has done anything 16 consciously wrong -- I don't think he has at all 17 -- and not because he doesn't have an 18 impressive resume -- he does -- but because the 19 process and the lack of candor, the lack of - 20 and, by the way, I do blame, not in a conscious 21 way, I think the Majority could have prevented a 22 lot of this by insisting, even though it's a 23 nominee they clearly like, insisting that all 1146 1 the blanks be filled in before the process went 2 forward. 3 So, Mr. President, it's with a 4 great deal of regret that I will vote no today, 5 and I think some of my colleagues who will vote 6 no share that regret. I don't think it's meant 7 to cast any aspersions particularly on Mr. 8 Gargano but on the process and on the way -- and 9 I think -- by the way, I think this Senate has a 10 duty to the nominees to take them through the 11 process and encourage them to make full 12 disclosure, but on the record before us today 13 there is no choice but to vote the way I've 14 indicated. 15 Thank you, Mr. President. 16 ACTING PRESIDENT KUHL: The chair 17 recognizes Senator Bruno to close debate on the 18 confirmation. 19 SENATOR BRUNO: Thank you, Mr. 20 President. We've had a long afternoon, and I'm 21 on my feet really to thank Ambassador Gargano 22 for all of the good things that he has done on 23 behalf of the people of this state to this day 1147 1 and having been extremely helpful to our new 2 governor, George Pataki, in helping him become 3 governor. Did a great job, and I thank you for 4 that, and I am as certain that you will go 5 forward in helping all of the people in this 6 state in the good work that you are going to do 7 in your new jobs. 8 I keep hearing about the process 9 that we go through in this chamber, and I am 10 just so pleased to hear my colleagues on this 11 side of the aisle talk about the process, the 12 process (indicating the Democratic side). I'm 13 very happy to hear that you are concerned with 14 the process. 15 I think it was last year, former 16 governor, sent up 116 nominees that went through 17 this house in two days, in the middle of the 18 night, 2:00 in the morning, 3:00 in the morning, 19 4:00 in the morning. I am just wondering, Mr. 20 President, where these born again reformers 21 were. 22 SENATOR CONNOR: I was sleeping. 23 SENATOR BRUNO: Sleeping 1148 1 undoubtedly. Where was the process then, Mr. 2 President? Where was good government then? 3 We did it. We didn't like it, 4 but there was a governor governing. He did 5 things his way. We didn't like it. We didn't 6 agree, but we respected the office, and so we 7 were here in the middle of the night passing 8 during this process that you were all silent in, 9 silent as you sat here nodding -- and not in 10 agreement, but to keep awake. 11 You really got to examine 12 yourselves because there are going to be other 13 circumstances where we are going to be on this 14 floor having a similar debate because there are 15 other people who are going to come through this 16 chamber and we're going to confirm highly 17 qualified people and we'll ask you to 18 participate in the process, and I'll thank you 19 in advance for your generosity in all the time 20 that you spend talking about how politically 21 operative these people have been. 22 Do you know what really pleases 23 me, Mr. President? 1149 1 Finally, we have a man who is 2 qualified to do the job of moving this state 3 forward in economic development. It is no 4 accident in my mind that under the former 5 governor with the former commissioner, New York 6 ranks at the bottom in almost every category of 7 economic development, job loss, lack of jobs in 8 this state, debt, last in this country. Thank 9 you to Vincent Tese and thank you to our former 10 governor; and when we talk about leading the 11 country in job loss, is that a job that we can 12 be proud of? 13 I am confident, Mr. President, 14 that our new Commissioner, Ambassador Gargano 15 will help the people of this state as he has 16 helped in the past, as you heard on this floor 17 in so many ways. 18 You know, all of us ought to be 19 proud that a successful business person is 20 willing to take on the challenges to help the 21 millions of people in this state that need 22 help. A highly successful individual, that's 23 what we want, a successful person. 1150 1 It is not a sin. I have a 2 bullet, a large bullet: It is not a sin to be 3 successful in business in this state. It is not 4 a sin to earn a profit on investments. We 5 should reward people for doing that. We 6 shouldn't punish them for doing that. That's 7 yesterday's news. That's the last 12 years in 8 this state. We're going forward and we're 9 looking forward. 10 Again, I was chuckling because we 11 talked about this successful businessman with 12 his interests and how that's very disturbing and 13 we should study for weeks and months all of 14 these things that this man has done in his life 15 because he is successful in business. I chuckle 16 because I keep thinking of all of my good 17 friends in this chamber who are lawyers, who are 18 lawyers, and the more money they make and the 19 more clients they have, the more successful they 20 are the better it is for everybody. 21 Oh-oh. Oh-oh. I'm about to get 22 questioned. I'm getting too sensitive. But if 23 you are, and I -- forgive me, but rarely do we 1151 1 question attorneys to any great extent as they 2 come forward before us because it's okay, and I 3 get the feeling as a business person myself - 4 and you will just forgive me, please, that, you 5 know, our laws are of, by, and for lawyers, and 6 that has been the case for too long in this 7 state. 8 But happily now we have a mix, 9 and we have a mix that helps move this state 10 forward. We have attorneys and we have business 11 people and we have real estate people and we 12 have retired people and we have teachers and 13 professors, and that's what governing is all 14 about. 15 But we are here today confirming, 16 yes, a successful person for a job that needs to 17 be done, and I want to support and I happily 18 support a successful business person to lead 19 this state forward. 20 So I thank you for participating 21 in the process. Thank you for enlightening us 22 on the process. 23 And we are listening intently 1152 1 and, Mr. President, again, I thank the 2 Ambassador for sharing part of his life with us 3 and for all of the good things that he is going 4 to do on behalf of all of the people of this 5 state. We need you, and we welcome you in the 6 state. 7 And, Mr. President, I move this 8 nomination. 9 SENATOR GOLD: Slow roll call. 10 ACTING PRESIDENT KUHL: The 11 question is on the confirmation of the nominee, 12 Charles A. Gargano to the positions of 13 Commissioner of the Department of Economic 14 Development and Director and President of the 15 New York State Urban Development Corporation. 16 All those in favor - 17 (Response of "Slow roll call.") 18 Slow roll call has been 19 requested. Are there five members who request 20 that? 21 There are. 22 Secretary will read the roll call 23 slowly. 1153 1 THE SECRETARY: Senator Abate. 2 SENATOR ABATE: No. 3 THE SECRETARY: Senator Babbush. 4 (There was no response.) 5 Senator Bruno. 6 SENATOR BRUNO: Yes. 7 THE SECRETARY: Senator Connor. 8 SENATOR CONNOR: No. 9 THE SECRETARY: Senator Cook. 10 SENATOR COOK: Yes. 11 THE SECRETARY: Senator 12 DeFrancisco. 13 SENATOR DeFRANCISCO: Yes. 14 THE SECRETARY: Senator DiCarlo. 15 SENATOR DiCARLO: Yes. 16 THE SECRETARY: Senator 17 Dollinger. 18 SENATOR DOLLINGER: No. 19 THE SECRETARY: Senator Espada, 20 excused. Senator Farley. 21 SENATOR FARLEY: Yes. 22 THE SECRETARY: Senator Galiber 23 voting in the negative earlier today. 1154 1 Senator Gold. 2 SENATOR GOLD: Mr. President, to 3 explain my vote. 4 ACTING PRESIDENT KUHL: Senator 5 Gold to explain his vote. 6 SENATOR GOLD: I'm not going to 7 go into any of the arguments; but in my remarks, 8 I made reference to an answer given by a staff 9 member during the Senate committee meeting, and 10 having been a staff member myself I'm sensitive 11 to that. I want the record to indicate that 12 while I felt that in the general sense we got 13 the wrong impression, I wouldn't want the record 14 to indicate that I thought that the gentleman 15 who works for Senator Stafford did anything 16 other than his job or tried to in any way 17 affirmatively mislead anybody in the Senate. 18 I vote no. 19 ACTING PRESIDENT KUHL: Senator 20 Gold in the negative. 21 Secretary will continue to call 22 the roll. 23 THE SECRETARY: Senator 1155 1 Gonzalez. 2 SENATOR GONZALEZ: Yes. 3 THE SECRETARY: Senator Goodman. 4 SENATOR GOODMAN: Yes. 5 THE SECRETARY: Senator Hannon. 6 (There was no response.) 7 Senator Hoblock. 8 SENATOR HOBLOCK: Yes. 9 THE SECRETARY: Senator 10 Hoffmann. 11 SENATOR HOFFMANN: Yes. 12 THE SECRETARY: Senator Holland. 13 SENATOR HOLLAND: Yes. 14 THE SECRETARY: Senator Johnson. 15 SENATOR JOHNSON: Yes. 16 THE SECRETARY: Senator Jones. 17 SENATOR JONES: No. 18 THE SECRETARY: Senator Kruger. 19 SENATOR KRUGER: No. 20 THE SECRETARY: Senator Kuhl. 21 SENATOR KUHL: Yes. 22 THE SECRETARY: Senator Lack. 23 SENATOR LACK: Aye. 1156 1 THE SECRETARY: Senator Larkin. 2 ACTING PRESIDENT KUHL: Senator 3 Larkin to explain his vote. 4 SENATOR LARKIN: Mr. President. 5 We sat here for almost four hours listening to 6 confirmations, and I have to say to Ambassador 7 Gargano that we appreciate you taking the time 8 to listen, and I hope you listened very clearly 9 to some of those who tried to trash you as the 10 Majority Leader clearly outlined what you mean 11 and what you have done, and I hope that everyone 12 takes heed that we have an individual who could 13 have gone away after he did great things in 14 helping us elect a new governor. 15 But what did he do? He said, "I 16 helped you get there; I want to be a partner 17 with this state in moving you forward," and, 18 yes, we had people nitpicking. Well, as the 19 Majority Leader said, I could nitpick, too. 20 Some of you over on the other side of the aisle 21 started saying oh nothing. Between July 1 and 22 July 2, we confirmed 41 people in less than 24 23 hours. How come you never complained about it? 1157 1 (Comment of "They were 2 qualified.") 3 They were qualified to whose 4 extent? We did a courtesy to the Governor. 5 Ambassador, I thank you for 6 putting up with it, and I thank you for being 7 the person that you are. You're quality and 8 we're proud of you. 9 I vote yes. 10 ACTING PRESIDENT KUHL: Senator 11 Larkin in the affirmative. 12 Continue the roll. 13 THE SECRETARY: Senator LaValle. 14 SENATOR LAVALLE: Yes. 15 THE SECRETARY: Senator Leibell. 16 SENATOR LEIBELL: Yes. 17 THE SECRETARY: Senator 18 Leichter. 19 SENATOR LEICHTER: Mr. President, 20 briefly to explain my vote. 21 ACTING PRESIDENT KUHL: Senator 22 Leichter to explain his vote. 23 SENATOR LEICHTER: I just want to 1158 1 tell my good friend Bill Larkin here that there 2 were some of us who weren't happy with all those 3 nominations being pushed through at that time 4 and some of us who voted, for instance, against 5 the nomination of Mr. Dyson and some of the 6 other nominations. I don't think it was 7 anything for any of us to be proud of. The fact 8 that we did it at that time if the Governor put 9 the nominations before us with inadequate time, 10 that certainly doesn't reflect well on him. 11 But I am troubled by the Majority 12 continually saying, "Well, it happened in the 13 past, you did it, and so on." Let's be better. 14 That's really the message that we have, and 15 that's the purpose and the aim that we have. 16 And, Mr. President, for the 17 reasons I stated before, I can not support this 18 nomination. I vote in the negative. 19 ACTING PRESIDENT KUHL: Senator 20 Leichter in the negative. 21 Secretary continue the roll. 22 THE SECRETARY: Senator Levy. 23 SENATOR LEVY: Aye. 1159 1 THE SECRETARY: Senator Libous. 2 SENATOR LIBOUS: Aye. 3 THE SECRETARY: Senator Maltese. 4 SENATOR MALTESE: Aye. 5 THE SECRETARY: Senator Marchi. 6 SENATOR MARCHI: Aye. 7 THE SECRETARY: Senator 8 Markowitz. 9 (There was no response.) 10 Senator Mendez. 11 SENATOR MENDEZ: Yes. 12 THE SECRETARY: Senator 13 Montgomery. 14 ACTING PRESIDENT KUHL: Senator 15 Montgomery to explain her vote. 16 SENATOR MONTGOMERY: Yes, Mr. 17 President, to explain my vote. 18 I would like to also join with 19 Senator Larkin in complimenting and thanking the 20 nominee for this time and apologizing for the 21 process; however, I do want to just remind him 22 as well as my colleagues that this is a process 23 unlike what goes on in other chambers in our 1160 1 country, namely, at the federal level. You know 2 this is the same process that is taking place 3 right now with the Surgeon General nominee of 4 the President. It's the same process that went 5 on with Lonnie Gruniere. She was not as 6 successful in going through it. It is a process 7 that is taking place as it relates to Ron Brown 8 in Washington, the head of the Economic 9 Development Agency national. It went on with 10 several of the nominees put forth by the 11 President for the Supreme Court, and several of 12 them were not successful. 13 And so though it places a lot of 14 stress on many of us and certainly is not an 15 enjoyable process, it is the process. So I want 16 to apologize to the nominee; but, hopefully, you 17 will understand that we are not out of order in 18 raising questions and issues that we feel are 19 extremely important to this position and to the 20 process. 21 So I join my colleagues and also 22 standing up with those questions; and since they 23 are not answered, I, too, am voting not against 1161 1 the nominee but I am voting no on this process. 2 Thank you, Mr. President. 3 ACTING PRESIDENT KUHL: Senator 4 Montgomery in the negative. 5 Secretary will continue the roll. 6 THE SECRETARY: Senator Nanula. 7 SENATOR NANULA: No. 8 THE SECRETARY: Senator 9 Nozzolio. 10 SENATOR NOZZOLIO: Aye. 11 THE SECRETARY: Senator Onorato. 12 SENATOR ONORATO: No. 13 THE SECRETARY: Senator 14 Oppenheimer. 15 SENATOR OPPENHEIMER: No. 16 THE SECRETARY: Senator Padavan. 17 SENATOR PADAVAN: Yes. 18 THE SECRETARY: Senator Paterson. 19 ACTING PRESIDENT KUHL: Senator 20 Paterson to explain his vote. 21 SENATOR PATERSON: Mr. 22 President. I think that there are a number of 23 appointments that the Governor makes that do not 1162 1 come through the Senate, and the ones that do 2 come through the Senate are those specifically 3 in which the constitution admonishes us to 4 advise and consent, and so I think we have to 5 come to an overall decision and put politics 6 behind us, once and for all, and determine what 7 we are going to investigate and what we're not 8 going to investigate. 9 To some degree the new governor 10 is trying to say that the financial disclosure 11 forms have, in a sense, been overly scrupulous 12 in the past and, to some degree, perhaps he's 13 right that he is going to maintain control so 14 that people's personal and business finances 15 don't become the object of scrutiny by tabloid 16 magazines. 17 But at the same time, we have to 18 understand that where there are questions asked 19 that we would like to have answers, and perhaps 20 the answers were made with what the individuals 21 answering the questions in this case thought to 22 be honest answers. But in one case, it led 23 members of the Minority to feel that this person 1163 1 that was a consultant was, in fact, retired; and 2 that's what caused the problem in that case. 3 What we need to do is perhaps get 4 together and revisit this whole situation. We 5 had this problem with Mr. Sweeney on January the 6 16th. I voted for that nomination. 7 I'm going to vote against this 8 nomination because I don't think a significant 9 effort has been made to improve that process, 10 and I think that Senator Connor and Senator 11 Gold, Senator Leichter, Senator Dollinger and 12 Senator Waldon, really underlined the points 13 that really command us to decide whether or not 14 we're going to have a process or whether we're 15 not going to have one. 16 But as for Mr. Gargano, I don't 17 know him personally but I will work with him. 18 In fact, I would say if he is confirmed -- and I 19 think he will be -- in his first day he has 20 already provided the state a great service, 21 because I have been looking all over the state 22 for a Republican who will prevent the passage of 23 the death penalty, and he did that today. 1164 1 Thank you very much. 2 ACTING PRESIDENT KUHL: Senator 3 Paterson in the negative. 4 Secretary will continue the roll. 5 THE SECRETARY: Senator Present. 6 SENATOR PRESENT: Aye. 7 THE SECRETARY: Senator Rath. 8 SENATOR RATH: Aye. 9 THE SECRETARY: Senator Saland. 10 SENATOR SALAND: Aye. 11 THE SECRETARY: Senator 12 Santiago. 13 (There was no response.) 14 Senator Sears. 15 SENATOR SEARS: Aye. 16 THE SECRETARY: Senator Seward. 17 SENATOR SEWARD: Mr. President. 18 ACTING PRESIDENT KUHL: Senator 19 Seward to explain his vote. 20 SENATOR SEWARD: Yes, very 21 briefly, Mr. President. 22 I spent all afternoon and part of 23 the evening involved with the confirmation 1165 1 process today with the Finance Committee and now 2 here on the floor, and I have been listening 3 very intently to the points that have been 4 raised by some members on the other side of the 5 aisle in both of the forums, and I must say I 6 have heard a lot of innuendos. I have heard a 7 lot of nitpicking. I have heard a lot of what I 8 would consider politically motivated statements 9 and questions. 10 I think the real question -- and, 11 by the way, in the Finance Committee meeting, I 12 found Ambassador Gargano's responses to the 13 questions to be very forthright and complete. 14 But let's get to the real 15 question. The real question, Mr. President, is 16 that in the last few years New York State has 17 lost hundreds of thousands of jobs. The real 18 question is what are we going to do to fix our 19 economy in this state? And I think part of that 20 answer to that question, a big part of it, is 21 who are we going to have heading up our Economic 22 Development Department and the Urban Development 23 Corporation, and I have come to the conclusion 1166 1 that the right person for that important job is 2 Ambassador Charles Gargano. 3 He brings to these positions the 4 qualities we need, leadership skills, business 5 experience and acumen. He's got the trust and 6 confidence of the governor of this state. 7 On behalf of the people in my 8 district and across this state who need jobs, 9 I'm very pleased to support the confirmation of 10 Ambassador Gargano. I vote yes. 11 ACTING PRESIDENT KUHL: Senator 12 Seward, aye. 13 Secretary continue the roll. 14 THE SECRETARY: Senator Skelos. 15 SENATOR SKELOS: Aye. 16 THE SECRETARY: Senator Smith. 17 SENATOR SMITH: No. 18 THE SECRETARY: Senator Solomon. 19 SENATOR SOLOMON: No. 20 THE SECRETARY: Senator Spano. 21 SENATOR SPANO: Aye. 22 THE SECRETARY: Senator 23 Stachowski. 1167 1 SENATOR STACHOWSKI: No. 2 THE SECRETARY: Senator 3 Stafford. 4 SENATOR STAFFORD: Aye. 5 THE SECRETARY: Senator 6 Stavisky. 7 SENATOR STAVISKY: No. 8 THE SECRETARY: Senator Trunzo. 9 SENATOR TRUNZO: Yes. 10 THE SECRETARY: Senator Tully. 11 SENATOR TULLY: Aye. 12 THE SECRETARY: Senator Velella. 13 SENATOR VELELLA: Mr. President 14 briefly to explain my vote. 15 ACTING PRESIDENT KUHL: Senator 16 Velella to explain his vote. 17 SENATOR VELELLA: I generally 18 don't explain my vote, and I regret at this late 19 hour when we have other things to do that I have 20 to, but I think we owe to Ambassador Gargano a 21 very clear statement from the Senate tonight 22 that despite the fact that for hours he was 23 grilled by committees, in spite of the fact that 1168 1 for hours he was talked about on the floor of 2 the Senate not one member who opposed his vote 3 has cited a reason to vote against him 4 reflecting on his integrity, his honesty, his 5 qualifications for the office. 6 I asked Senator Gold during our 7 debate, "Give me the reason," and again all we 8 heard was innuendos, questions raised and 9 political tones that were used to certainly 10 reflect that he raised a lot of money for his 11 party. 12 Well, certainly I believe that 13 the record should be clear at this late hour 14 when most of the press is gone and will write a 15 story that his nomination had difficulty in the 16 Senate, I hope that someone will remember that 17 in the course of the debate not one word was 18 said reflecting on this man's integrity or 19 ability to serve in this office. 20 So I proudly vote to confirm the 21 nominee. 22 ACTING PRESIDENT KUHL: Senator 23 Velella in the affirmative. 1169 1 Secretary will continue the roll. 2 THE SECRETARY: Senator Volker. 3 SENATOR VOLKER: Yes. 4 THE SECRETARY: Senator Waldon. 5 SENATOR WALDON: To explain my 6 vote. 7 ACTING PRESIDENT KUHL: Senator 8 Waldon to explain his vote. 9 SENATOR WALDON: Thank you very 10 much, Mr. President. 11 To Ambassador Gargano and his 12 family, I want the record to be very clear that 13 anything that I said in regard to this process 14 was not personal. I want you to know very 15 clearly that it is just part of the process. 16 This is a political process, and it is my desire 17 as a participant of 61 that I be accorded the 18 same respect as my Republican colleagues, I be 19 accorded the same information as my Republican 20 colleagues wherever possible. 21 This is not directed toward you, 22 my actions, nor your family nor your history as 23 a very successful person. I want you to also 1170 1 know that as part of this process, once you are 2 confirmed, that no one will work more diligently 3 with you than myself and my staff because it is 4 necessary in the service of the 300,000 people 5 from the southeastern corner of Queens that I do 6 that. It is the mandate when they send me to 7 this office. 8 Equally important is the mandate 9 that I raise concerns which I feel are moral 10 imperatives; and to be outside of the loop of 11 information which would allow me to make a very 12 valid decision in regard to your candidacy, I 13 was not included within that loop; therefore, 14 this process today. 15 Thank you very much, Mr. 16 President, for your indulgence. 17 ACTING PRESIDENT KUHL: Senator 18 Waldon how do you vote? 19 SENATOR WALDON: (Indicating no.) 20 ACTING PRESIDENT KUHL: Senator 21 Waldon in the negative. 22 Secretary will continue the roll. 23 THE SECRETARY: Senator Wright. 1171 1 SENATOR WRIGHT: Aye. 2 ACTING PRESIDENT KUHL: Secretary 3 will call the absentees. 4 THE SECRETARY: Senator Babbush. 5 (There was no response.) 6 Senator Hannon. 7 (There was no response.) 8 Senator Markowitz. 9 (There was no response.) 10 Senator Santiago. 11 (There was no response.) 12 ACTING PRESIDENT KUHL: Announce 13 the results when tabulated. 14 THE SECRETARY: Ayes 36. Nays 15 18. 16 ACTING PRESIDENT KUHL: The 17 nomination of Charles A. Gargano to positions of 18 Economic Development and also Director and 19 President of New York State Urban Development 20 Corporation are confirmed. 21 Congratulations. 22 (Standing ovation.) 23 Senator Bruno, earlier today 1172 1 there was a Third Reading Calendar reported as 2 Calendar Number 100, Senate Print 2241. The 3 bill was temporarily laid aside. 4 What is your desire with regard 5 to that? 6 SENATOR BRUNO: Mr. President. 7 Would you lay that bill aside. 8 ACTING PRESIDENT KUHL: The bill 9 is laid aside. 10 SENATOR BRUNO: For the day. 11 ACTING PRESIDENT KUHL: For the 12 day. 13 Senator Bruno. 14 SENATOR BRUNO: And there being 15 no further business to come before the Senate, I 16 would -- we have announcements to be made when 17 we finish this one by Senator Larkin. 18 ACTING PRESIDENT KUHL: Chair 19 recognizes Senator Larkin for an announcement. 20 SENATOR LARKIN: Mr. President. 21 There will be a meeting off the floor tomorrow 22 of the Local Government Committee on one bill. 23 It will be called as soon as we arrive at 1173 1 session. 2 ACTING PRESIDENT KUHL: There 3 will be a Local Government Committee meeting off 4 the floor tomorrow. 5 SENATOR BRUNO: There are budget 6 hearings tonight until 9:00 o'clock I'm informed 7 by Senator Stafford; and since the weather 8 forecasts are for inclement weather later 9 tomorrow, Mr. President, it might be appropriate 10 to start our session at 10:00 sharp tomorrow 11 because we have a busy schedule. Ten o'clock 12 sharp, a.m., tomorrow. 13 Thank you, Mr. President. I move 14 we adjourn. 15 ACTING PRESIDENT KUHL: Without 16 objection, Senate stands adjourned until 17 tomorrow, Wednesday, at 10:00 a.m. 18 (Whereupon, at 7:02 p.m., Senate 19 adjourned.) 20 21 22 23