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The Port Chester Blog Of Record

The Port Chester Blog Of Record - Brain Harrod Editor / Publisher

Sunday, February 27, 2011

02/27/11 Legal Scholar Speaks Out:: No need to refight a lost battle

On Monday, the Board of Trustees of the Village of Port Chester will consider a resolution to hire a Washington, D.C., law firm to represent the village in an appeal of the decision of United States District Court Judge Stephen Robinson that the village's at-large election system violated the federal Voting Rights Act. While the village has every right to pursue whatever legal avenues are available to it, I strongly urge the village to close this chapter in its history and move on. As the vote will be taken at a public hearing, it is critical that the voices of the community in Port Chester be heard before the board commits to a fool's errand. The chances of a successful appeal of Judge Robinson's opinion are slim to none — and slim left town a long time ago.

As in most voting rights cases, the trial was contentious, divisive and exposed the underbelly of an ugly, racially tinged politics in the village. The district court found that in 10 trustee contests between 2001-05, the choice of the Hispanic community was defeated nine times. In fact, prior to the election of June 2010, only one Hispanic had been nominated to run for the position of village trustee by any political party in the history of Port Chester. The court found that during the 2007 mayoral election, a blatant racial appeal was made in an anonymous flier — subsequently learned to have been authored by Bart Didden, now a trustee and Republican candidate for mayor — distributed to more than 1,000 homes in the village.

In the flier, former trustee and current Mayor Dennis Pilla was called a sellout because of his apparent support of issues of concern to the Hispanic community. In fact, the flier charged that "The Hispanics are running the show already." The court found that the political process leading to nomination was essentially a closed club that allowed limited access to outsiders or upstart candidates. At the time of the trial, no Hispanic had ever been elected to any public office in the village. The court also considered a videotape of two public hearings regarding a proposal by the Justice Department to establish districts. At one public hearing, attorney Aldo Vitigliano, who was later appointed to serve as special counsel to the newly formed Voting Rights Commission in the village, suggested that the village's congressional delegation should introduce legislation to exempt the village from the Voting Rights Act.

After 11 days of trial on both the liability and remedy phases, the court issued its opinion declaring that the at-large system violated the Voting Rights Act. The suit was filed by the Justice Department; Port Chester resident Cesar Ruiz, the first Hispanic to run for trustee, was permitted by the court to intervene as a plaintiff. Both sides presented plans to remedy the violation found. The plaintiffs offered a traditional district plan, wherein the village would be divided into separate districts with each district electing one candidate. The village proposed a cumulative voting remedy, wherein the elections would be held on an at-large basis. Under the cumulative voting method, each voter could cast all their votes for one candidate or spread the votes among the candidates. After the court approved the cumulative voting system, all parties worked to create an educational program to explain the new system to the voters. Education forums were to be held throughout the village in English and Spanish where the voters would have an opportunity to use sample ballots.

On June 15, the first election under the cumulative voting method was held. As a result of the election, a Hispanic, an African-American and an independent candidate were elected to the board. Throughout the day, the attorneys, and village officials, toured the village to observe the process, and whatever problems were found, were quickly addressed. An exit poll conducted during the election found that the voters understood the process and used their votes to support the candidates of their choice. The board that was elected reflected the political, racial and ethnic diversity of the village.

It is unfortunate that despite the outcome, there has been support among the trustees elected under the cumulative-voting system to have the judge's decision overturned. It had been hoped that a new day was dawning in the village, that perhaps the tensions that had come to the surface during the trial had abated after the June election. However, with the pending resolution those hopes may soon be dashed. Rather than focus on the serious issues facing the village in these challenging economic times, some may prefer to refight battles lost. Nevertheless, the quest of the Hispanic community for inclusion in the politics of the village will continue unabated, and, eventually, their voices will be heard and they will win.

Randolph M. McLaughlin

The author is a professor of law at Pace University School of Law

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02/27/11 The Raw Port Chester News Feed

News Reports About Port Chester, NY
Rethink support for Bart Didden
The Journal News | LoHud.com
Rye Town Supervisor Joseph Carvin and Port Chester Trustee Joseph Kenner have both endorsed Republican candidate Bart Didden for mayor of Port Chester. Carvin, who often speaks about everyone getting along in our community and is a member of the group Building Community Bridges, has stated Didden's (past) racist flyer regarding Hispanics was not racist — it was "race-baiting." Oh, I now see the light. In Carvin's world, it's OK to endorse a race-baiter. ...
Recently Updated Web Pages About Port Chester, NY
Election Law Center: More on Port Chester decision to appeal
Port Chester votes to appeal district court loss. Wednesday, February 23, 2011.
electionlawcenter.com/.../more-on-port-chester-decision-to-ap...

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02/27/11 The Topix Message Board: As Seen In The Journal News: Rethink Support For Bart Didden‎

Topix Port Chester

Port Chester - News February 27, 2011

As Seen In The Journal News: Rethink Support For Bart Didden‎ (lohud)
Rye Town Supervisor Joseph Carvin and Port Chester Trustee Joseph Kenner have both endorsed Republican candidate Bart Didden for mayor of Port Chester.

Carvin, who often speaks about everyone getting along in our community and is a member of the group Building Community Bridges, has stated Didden's (past) racist flyer regarding Hispanics was not racist — it was "race-baiting." Oh, I now see the light. In Carvin's world, it's OK to endorse a race-baiter. 

As for Kenner, he has been advocating that Port Chester appeal the voting rights case ruling because, "We can remove the shameful and unwarranted stigma of the judge's ruling, which affects how others view us."

Kenner does not seem to worry how other communities outside of Port Chester will view us if we elect a mayor who authored a racist flyer.

A racist flyer Didden sent out anonymously, told the media he knew nothing about, and then finally told the truth only when under oath during the voting rights trial. I respectfully request that Supervisor Carvin and Trustee Kenner rethink their endorsements of Mr. Didden.

If they both believe in building community bridges and are concerned about who is elected as our ambassador (mayor) to other communities, then they should withdraw their endorsements.

If they continue to support Bart Didden, Carvin and Kenner are building a bridge of intolerance. 
The Westmore News Won't Stand Up For Port Chester Tax Payers, But The Journal News Will (portchesterroundup.blogspot)
JOURNAL NEWS EDITORIAL

Port Chester refuses to heal It is disappointing but not surprising that the conservative-minded majority that controls the Port Chester government would vote to reopen an old and costly wound: the 4-year-old legal battle with the U.S. Justice Department over the village's system for electing trustees.

Fighting ideological demons and good sense, several trustees over many months had made plain their aim to reopen the case, notwithstanding the uncertainty inherent in any appeal and the dim chances for improving either local governance or civility.

What is surprising is that the trustees driving this community-splitting train — Republican Joseph Kenner and Conservatives Bart Didden, Sam Terenzi and John Branca — so glibly sent the village on this course, which could cost Port Chester more than just dollars and cents.

The four trustees on Tuesday ignored sound advice from a host of taxpayers and village leaders who implored them

(1) not to waste their money and

(2) to move on.

"I wouldn't vote for 10 more cents" to be spent on the case, former Republican Trustee Domenick Cicatelli told the board Tuesday.

"This is a black eye on Port Chester," resident Gary Sullivan said of the Justice Department's successful challenge, under the Voting Rights Act, to the village's system for electing trustees. "It is healed. So now you're going to pay to walk into another punch in the eye?"

Apparently so. By a 4-2 vote, the board agreed to pay a Washington, D.C., law firm as much as $775 an hour, up to $225,000, to appeal a U.S. District Court ruling that forced the village to change its system for electing trustees.

This followed a trial in which U.S. District Judge Stephen C. Robinson, after hearing evidence of a litany of wrongful conduct, found the village unlawfully disenfranchised Hispanic residents.

At the time the suit was filed, the village had never elected a Hispanic candidate to anything — neither to the village board nor school board — despite Hispanics making up about half the population.

Among Robinson's findings was that during the 2007 mayoral election, a blatant racial appeal was made to voters — in the form of an anonymous flier distributed to 1,000 homes — disparaging of Hispanics and crudely complaining of their influence.

One factor routinely considered in voting rights cases is whether past political campaigns have included overt or subtle racial appeals
Westmore News Publisher Richard Abel Is Busted On Cable TV (portchesterroundup.blogspot)
Port Chester Newspaper Publisher Richard "The We$tmore Snooze Publisher" Abel is caught stealing copies of the True Blue Conservative Review.

We are not sure if Richard "The We$tmore Snooze Publisher" Abel is trying to keep Port Chester the single family homeowners of Port Chester from learning that his father Bernie "I forgot To Pay Over 100 Property Tax Bills" Abel was currently being taken to court by the fiscally responsible Rye Town Board Of Trustees. 

Virginia Geldart, who is related to a Port Chester Police Chief came to the last Port Chester Board Of Trustee's meeting and said she saw the little weasel who publishes the We$tmore $nooze taking all of the newspapers from the only True Blue Conservative Review Newspaper box. 

Watch Ms. Geldart's complaints about Richard "The WeStmore Snooze Publisher" Abel on the cable vision government channel or go to the Port Chester website to watch the streaming video. 

Also listen to how Virginia Geldatrt witnessed up to 11 Port Chester and Rye Brook police cars responded were dispatched, because the True Blue Conservative Review Publisher Was Filling His Newspaper Box. 

Perhaps Richard "The Westmore News Publisher" Abel is trying to keep Port Chester Residents From Learning About The Fraud Waste And Abuse In Port Chester Government. 

Richard Abel Has Repeatedly Supported The Politicians That Have Repeatedly Robbed The Hard Working Taxpayer Of Port Chester. 

Mayor Gerald Logan and his Republican board raised Port Chester property taxes more than 50 % in a three year period When is Richard "I Own A Property Tax Funded Newspaper" Abel going to start writing Westmore Snooze articles about their close friends on the Port Chester School Board and the outrageous 13 ½% School Tax increase.? 

The Westmore New's Failure To Report The Truth Is A Big Part Of The Problem. 

Richard Abel's Cover Ups And Failures To Report The Truth Allow Fraud Waste And Abuse To Exist In Port Chester.
Rye Town Supervisor Joe Carvin's Brother Has No Shame: He Takes $200,000 From Port Chester Taxpayers (portchesterroundup.blogspot)

Attorney Michael "Ka Ching Ka Ching Ka Ching" Carvin, brother of Rye Supervisor Joseph Carvin

Sam Terenzi And Bart Didden Are Once Again Engineering Dirty Deals That Hurt Port Chester Taxpayers 

Long-time Republican insider and the brother of Rye Town Supervisor Joseph Carvin, has been hired by Port Chester's Republican trustees for $750 an hour.

Thanks to Sam Terenzi and Bart Didden, Port Chester taxpayers are on the hook for a total cost of $225,000 to fight the Department of Justice this week.

Port Chester Homeowners and responsible local leaders are crying foul.

Micheal Carvin, of the firm Jones Day, will now prepare to appeal a federal judge's decision that declared Port Chester in violation of the Voting Rights Act.

Port Chester's initial legal battle with the justice department cost the village $1.2 million. Opponents of the decision to appeal say the new $225,000 legal bill could balloon and eventually rival what Port Chester has already spent.

The decision to hire Michael Carvin comes as the Town of Rye – which includes Port Chester – is taking a look at its own ethics policies.

They had to get the Rye Town Supervisor's brother hired before the spotlight was put on government ethics policies.

Port Chester Mayor Dennis Pilla has said the village policy requires a minimum of three bids, and the four Republican and Conservative trustees who voted for the appeal–Kenner, as well as Trustees Bart Didden, Sam Terenzi and John Branca–should have interviewed more than the minimum three candidates to dispel even the appearance of nepotism or a conflict-of-interest.

The Port Chester purchasing policy is very clear it says that need at keast three bids.

Hiring Michael "Ka Ching Ka Ching Ka Ching" Carvin could hurt Port Chester's case since the original decision painted Port Chester as an exclusionary village that disenfranchised minority voters in favor of insiders and a majority voting bloc.

 Republican insiders keep getting rich off these failed voting rights cases. Last time, the losing attorney representing Port Chester in the case was Anthony Piscionere, the former chairman of the Rye Republican Party. This case is about the Port Chester system looking closed.
Port Chester Events - Mayoral Candidates To Debate This Wednesday (portchesterroundup.blogspot)
A Port Chester mayoral candidates' debate will be sponsored by the League of Women Voters on Wednesday, March 2 at the Port Chester High School.

 The starting time is 7:30 p.m. Extremist TEA Party Lunatic Bart "The Bigot" Didden and Port Chester Mayor Dennis Pilla will discuss the issues in the upcoming March 15th election.

The forum will be broadcast on Port Chester Public Access TV and lets see if the League of Women Voters are brave enough to address Bart Didden's racist views.

 Tips For Bart "The Bigot" Didden

1. Repeat question to buy yourself more time.

2. When questions come up about your racial views on Hispanics read from the index cards the Republican Party has given you. Stick to the script. "It was four years ago","I was a political neophyte", "I now have come to regret those comments", etc., etc.

 3. Does the question have any of the words that Sam Terenzi made you memorize. If so, then give a canned response, even if it ignores the League of Women Voters question.

4.. Try not to appear angry on cable TV as you lose the debate.

02/27/11 Port Chester Patch: State Police Nab Robbery Suspect on Tappan Zee Bridge After 100-Mile Chase" and more news

News

4eecbf00cc7dbfc49e3e5207947a8e14 Police & Fire
State Police Nab Robbery Suspect on Tappan Zee Bridge After 100-Mile Chase
A man driving a 1999 Acura stolen from a Michigan home led police in New York and New Jersey on a lengthy chase. He is also suspected in a stabbing and robbery of a 69-year-old woman in Michigan.
By Jonann Brady | Feb 26, 2011

02/27/11 The Port Chester Topix News Message Board






Rye Town Supervisor Joseph Carvin and Port Chester Trustee Joseph Kenner have both endorsed Republican candidate Bart Didden for mayor of Port Chester. 


Carvin, who often speaks about everyone getting along in our community and is a member of the group Building Community Bridges, has stated Didden's (past) racist flyer regarding Hispanics was not racist — it was "race-baiting." Oh, I now see the light. In Carvin's world, it's OK to endorse a race-baiter


As for Kenner, he has been advocating that Port Chester appeal the voting rights case ruling because, "We can remove the shameful and unwarranted stigma of the judge's ruling, which affects how others view us." 


Kenner does not seem to worry how other communities outside of Port Chester will view us if we elect a mayor who authored a racist flyer


A racist flyer Didden sent out anonymously, told the media he knew nothing about, and then finally told the truth only when under oath during the voting rights trial......


More at Lo-Hud.com and Topix.com.

Port Chester Topix Message Board


LoHud.com - Westchester County Journal News


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02/.27/11 Today: 83rd Annual Academy Awards


Feb. 27
Today is the 83rd Academy Awards, co-hosted by James Franco – who is nominated for a Best Leading Actor Oscar, getting a PhD at Yale, just published a book, and is directing films. His mother remains unimpressed.

Learn More:
Academy Awards

http://www.qwiki.com/q/#!/83rd_Academy_Awards

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