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Legislator Lazzari proposed rescinding both laws.  She expressed frustration with getting proposals made by those in the minority party to the floor for consideration.  Though she will be out of town next week, she vowed to sponsor a proposal upon her return to rescind Local Law 03-07 if the majority party doesn't consider it during her absence.

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Sheldon Silver
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Sheldon Silver (born February 13, 1944) is a politician and member of the Democratic Party, currently serving as Speaker of New York State Assembly.

Contents [hide]
1 Personal life
2 Political career
3 Criticism
4 See also
5 Sources
6 External links



[edit] Personal life
An Orthodox Jew of eastern European descent, Silver has lived all his life on Manhattan's Lower East Side. He lives with his wife Rosa, a few blocks from their children and her parents. Friends regard him as rather cautious and reserved, though with a good sense of humor.[1]

He graduated from the Rabbi Jacob Joseph High School on Manhattan's Henry Street. He was athletic and captain of the basketball team. He spent his undergraduate years at Yeshiva University and attained a law degree from Brooklyn Law School. By the time he became Speaker of the Assembly, he was known to play basketball with other high-ranking officials, including former Governor Mario Cuomo and Alan G. Hevesi the former New York State Comptroller.[2].


[edit] Political career
Silver was first elected to the Assembly in 1976, and became Speaker on February 11, 1994. He replaced Saul Weprin, who had recently suffered a stroke and whose sons David and Mark currently serve on the New York City Council and in the State Assembly respectively. He represents the 64th Assembly District, comprising much of lower Manhattan, notably the former World Trade Center site. He has a reputation as a liberal of the Lyndon Johnson mold.

In 1987, Silver sued to stop the City of New York from housing inmates on an abandoned military barge that had last been used by the British in the Falklands War, arguing the barge would be disruptive to the neighborhood. At that time, New York City was struggling with an overcrowded jail capacity[3]. An appeals court ruled that the inmates could be housed on the barge on February 26, 1988[4].

In the past, Silver has been critical of state fiscal policy. He was the chairman of the Assembly's Ways and Means Committee from 1992 to 1994, selected after Weprin replaced former Speaker Mel Miller[5]. In December 1993, he criticized then New York City Mayor-Elect Rudy Giuliani's appointment for budget director, Abraham M. Lackman, as "a person whose primary function [as director of fiscal studies for the State Senate Finance Committee] has been to limit the benefits for New York City[6].”

Since becoming Speaker in 1994, Silver has been by default the only Democratic counterweight to Republican power in the government of New York State because of how the legislative branch is structured. Although constitutionally not able to veto legislative bills, Silver can effectively veto a bill using Assembly procedural rules. The fact that each house of the New York State Legislature must pass a bill before the governor can sign it, coupled with the fact that Silver can stop passage of a bill in the Assembly, gives him enormous power.

Silver was instrumental in the reinstatement of the death penalty in New York State in 1995. The bill passed was ruled unconstitutional by the New York State Court of Appeals (analogous to the Supreme Court in other states) as the law stipulated that if jurors were deadlocked between sentences of life without parole and execution, the court would sentence the defendant to life imprisonment with parole eligibility after serving 20 to 25 years. The Court ruled that in such a case, execution would seem unfairly preferable to the jury. New York's crime rate had dropped significantly in the 10 years since the law was passed, without seeing an execution. Silver let the law expire in 2005 without much debate[7]. In December 2005, after two New York City police officers were killed in as many months, Pataki called for reinstatement of the death penalty. The New York Times quoted Silver's spokesman Charles Carrier as saying, "He no longer supports [capital punishment] because Assembly hearings have shown it is not the most effective way to improve public safety[8].”

In 1999, Silver was instrumental in the repeal of New York City's commuter tax, which taxed non-resident workers similarly to city residents. This was a great benefit to those commuting to work in the city from surrounding areas, but came at a tremendous cost to his own NYC constituents. Silver was criticized by [9] city leaders for removing the tax, and though after 9/11 he has suggested he would support reinstating it, he has taken no steps to do so.

In 2000, Silver faced an attempted coup in the Assembly as members, primarily from Upstate New York, tried to overthrow him. Michael Bragman, one of the leaders of the backlash, lost his position as majority leader of the Assembly[10]

On June 7, 2005, Silver blocked the proposal to build the West Side Stadium in the area of Hell's Kitchen. This project was heavily promoted by Mayor Michael Bloomberg, who claimed that it was crucial to New York's failed bid to host the 2012 Olympics. He was also involved in blocking the proposed Moynihan Station, a project which would have replaced Manhattan's aging Penn Station, as well as legislation that would stop city employees from collecting potentially-fraudulent duplicate retirement payments from multiple sources. In July of 2007, Silver was a key voice of opposition to Mayor Bloomberg's congestion pricing program. The program, designed to limit traffic in Manhattan while simultaneously generating funds for mass-transit and road repair, now faces an uncertain future.


[edit] Criticism
As the chief officer of one house of a state legislature known for its political inertia (the 2005 New York state budget was the first in 20 years to pass the Assembly on time), Silver has often been criticized as characteristic of the inside power structure of New York State government. During the administration of Governor George Pataki, Silver was criticized for participating in a "three men in a room" system of government in which Silver, the governor, and Senate Majority Leader Joseph Bruno exercised nearly all control over government business in the state. So far it has not become evident if this system will continue with the new governor, Eliot Spitzer, who has been highly critical of this arrangement.

At times, Silver has been criticized as being aloof. A year 2000 editorial, written in response by the failed coup against his power in 2000, in The Buffalo News attributed that aloofness to having too much power:

The problem–which also exists in the State Senate–can be boiled down to a single overarching issue: The Assembly speaker has too much power. He controls everything, from the legislation that can be voted on to how his normally docile members vote on it. He decides what the Assembly will accept in a state budget. He negotiates secretly with the other two leaders to hammer out important, expensive and far-reaching laws. And he ignores the wishes of less exalted lawmakers[11].
Silver has long been criticized for his employment with Weitz & Luxenberg, one of state's larger litigation firms. This has led some to accuse Silver of having a conflict of interest, as he has consistently blocked medical malpractice and other tort reform in Albany. Weitz & Luxenberg insists that Silver's ties with the firm are "negligible" but Silver has refused to disclose the details of his employment or the salary he receives from the law firm. [12]

In 2005, commentator Bill O'Reilly of the Fox News Channel lambasted Silver for blocking legislation that would mandate restrictions on child molesters after their sentences are finished (including possibly forcing them to become permanent residents in psychiatric wards). "He stopped legislation that would have tracked the most dangerous sex offenders with electronic devices, and that would have mandated that communities be notified of sex offenders," O'Reilly said. "Everyone should know that Sheldon Silver is blocking legislation that would protect children and be tougher on sex offenders. That's why we call this man the worst politician in office today." [13]

In May, 2006, when legislators proposed a law to eliminate the state's 5-year statute of limitations on rape charges, Silver tied the legislation to a proposal to eliminate a 10-year statute on filing civil lawsuits. In the ensuing controversy, then gubernatorial candidate Elliot Spitzer sided against Silver saying "...the two should not be held hostage, one to the other." Some also questioned Silver's motives as Silver is employed by the Weitz & Luxenberg, a law firm heavily involved in civil litigation in New York State. [14]

After the resignation of State Comptroller Alan G. Hevesi in December 2006, Silver and Governor Eliot Spitzer attempted to work on a compromise on the appointment of a new Comptroller. According to the New York State constitution, the full legislature (Assembly and Senate) takes a majority vote for the replacement of certain Statewide offices. However, Silver has enough Democrats in his conference to pass anything he wants in joint session without any Senate votes at all, giving him enormous power in joint sessions. The alleged deal was that a Blue Ribbon panel would formulate a list of up to five nominees. The panel, partially consisting of three former comptrollers, Edward V. Regan, H. Carl McCall, and former New York City Comptroller Harrison J. Goldin, ultimately put forward three candidates, none of whom were members of the State legislature. They were: Nassau County Comptroller, Howard S. Weitzman, commissioner of the New York City Department of Finance, Martha E. Stark, and William J. Mulrow, an investment banker who ran for state comptroller in 2002[15].

Silver, expressing disappointment in what he deemed as a broken promise by Spitzer, organized the legislature to approve sitting Assemblyman Thomas DiNapoli as the new state comptroller[16].

Spitzer has since steadily attacked Silver and the Legislature for their maneuver. [17][18].


[edit] See also
List of members of the New York State Assembly

[edit] Sources
^ New York Times, Silver Is an Albany Strongman And It's Not Because He's Flashy, James C. McKinley Jr., February 11, 2003
^ New York Times, Man in the News Groomed for Leadership in Assembly-Sheldon Silver, By James Doa, January 25, 1994
^ The Washington Post, Barge Seen as Remedy to Overcrowded N. Y. Jails; Court Freezes Plan to Move Inmates to Former British Troop Ship Anchored in East River by, Howard Kurtz November 27, 1987
^ New York Times, Ruling Allows Immediate Use Of Barge as Jail, By Kirk Johnson, February 27, 1988
^ The New York Times, Manhattan Assemblyman Wins Ways and Means Chairmanship, By Sam Howe Verhovek, January 8, 1992
^ The New York Times, Giuliani Names Albany Adviser As Budget Chief, By Alan Finder, December 9, 1993
^ The New York Daily News, Capital Punishment, 1995-2005, editorial. April 13, 2005
^ The New York Times Pataki Calls Special Session On Gun Laws, By Winnie Hu, December 17, 2005
^ New York Fiscal Watch
^ The Buffalo News, The Winner and Still King editorial, May 25, 2000
^ The Buffalo News, The Winner and Still King, editorial, May 25, 2000
^ New York Sun, Spitzer Seeks Compromise On Rape Cases, By Azi Paybarah, May 19, 2006
^ New York Sun, Silver Dismisses O'Reilly's Charge That He Is the "Worst Politician in America", By Brian McGuire, July 20, 2005
^ New York Sun, Spitzer Seeks Compromise On Rape Cases, By Azi Paybarah, May 19, 2006
^ New York Times, State Panel Selects 3 Likely Comptrollers, By NICHOLAS CONFESSORE, January 26, 2007
^ New York Times, Legislators Pick a Comptroller, Defying Spitzer, By MICHAEL COOPER, February 8, 2007
^ New York Daily News, Bulldog Spitzer rips pol, BY AUSTIN FENNER and JOE MAHONEY, Monday, February 12th, 2007
^ New York Times, On Tour to Talk Up Budget Plan, Spitzer Stays on Attack, By DANNY HAKIM, Published: February 13, 2007

[edit] External links
New York State Assembly Page
Speaker Silver's New York State Assembly Page

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Schenectady’s PanderPols vote to evict sex offenders
Filed under: law news, viewpoint, Haiku or Senryu — David Giacalone @ 8:50 am
Talk about child abuse. More than a dozen Schenectady County high school students were “shadowing” our county legislators at a public meeting last night, and they got an unsavory and unvarnished civics lesson. Not only were the youth kept in their seats for four hours, but they had to witness both the ugly refusal by the Chair (Susan E. Savage) to permit debate on what is surely the most controversial piece of local legislation this year, and the nasty sight of posturing and pandering politicians, who “did something to protect children” by passing a meanspirited, shoddily-drafted and predictably ineffective set of residency restrictions on sex offenders. (see a FoxNews23 videocovering the story) As today’s Albany Times Union explains, in “Law aims to shield kids: Schenectady County passes housing rules for sex convicts (June 13, 2007), under County of Schenectady Local Law No. 03-07 & 04-07, no matter what their risk level, the age of their victims, or the nature of their crimes, sex offenders may no longer reside near places where children congregate (that is, any elementary, middle or high school, child care facility, public park, playground or swimming pool, or youth center). Not only are they prohibited from moving to a residence within 2000 feet of such places, but:

“The change requires sex offenders — at every level — to leave their homes starting Oct. 1, should they reside within 2,000 feet of public parks, pools and playgrounds, as well as schools, day care and youth facilities.” (emphasis added)

Indeed, if any of those facilities are built, relocated, or licensed within 2000 feet of the residence of a sex offender at any future time, he or she must move within ninety days. These draconian restrictions were passed yesterday by an 11 to 3 vote of the county legislature, with only former judge Michael Eidens, former Schenectady mayor Karen B. Johnson, and Carolina M. Lazzari voting “no.” The legislators who voted “yes” knew two things: (1) many aroused voter-citizens, who are fearful for their children and angry over having sex offenders live near them, want the County to do something; and (2) there is absolutely no evidence that proximity restrictions in any way reduce recidivism, and much research and expert advice that says they are likely to make things worse (by destabilizing the offenders, removing social networks, and making it harder to locate them). Despite the latter fact, the politicians decided to bow to the politically-urgent former one.

In case you’re thinking “they surely aren’t doing this for political advantage,” let me point out that the nine co-sponsors are all Democrats, who would not permit any Republicans to co-sponsor the bill — not even Joseph Suhrada, who had first proposed the restrictions two years ago. (The procedural bullying done by my party, now that they have local and federal legislative majorities, often embarrasses me). The Democratic legislators only became aware of the importance and urgency of the problem when a sex offender moved on the block of one of them, and the folk in one town got very loud in their demands for action. Frank Quinn, a town supervisor (who spoke for four others whose towns would likely be the destination of many offenders displaced from the more populous parts of the County) complained they were never consulted, and said last night: “There’s no reason to do this tonight. . . The problem of how to effectively manage sex offenders has been around for thousands of years.” As the TU reported, he added, “This legislation is really designed to influence upcoming county elections by pandering to selected voters and their fears.” [also see CapitalNews9, “Schenectady County legislature considers sex offender legislation,”June 12, 2007]

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Lawmakers rethink sex-offender bill
Schenectady County Democrats lead move to tone down legislation  
  
By PAUL NELSON, Staff writer
First published: Wednesday, August 15, 2007

SCHENECTADY -- Seeking to mollify critics and minimize political fallout, county Democratic lawmakers on Tuesday proposed tweaking a controversial sex offender law that has drawn the ire of municipal leaders and prompted threats of a lawsuit.
The revised legislation, which must be voted on by the County Legislature after a public hearing, calls for rescinding the portion of the law that would have made it retroactive. The other change would exempt low-level sex offenders from residency restrictions.

    
In June, legislators unanimously passed restrictions requiring convicted sex offenders to leave their homes starting Oct. 1 if they lived within 2,000 feet of public parks, pools and playgrounds, schools or day care and youth facilities. A second law would ban offenders from moving within 2,000 feet of such areas.

By scaling back the new law and removing the retroactive clause, sex offenders who currently live in so-called restricted areas would be allowed to remain in their homes and not be forced to move by Oct. 1.

The initial law would have applied to all three levels of convicted sex offenders. The revision would exclude Level 1 -- the lowest level -- from the statute.

The lone person to address the county panel Tuesday during its regular meeting was Duanesburg Supervisor Rene Merrihew. She repeatedly called the measure ill-conceived and thoughtless.

Merrihew also came armed with petitions from "750 angry people in District 4" and said she got 60 more letters from Princetown residents.

"We're angry at the total disregard for us and our children," said Merrihew, who punctuated her comments by saying she and fellow supervisors remained committed to having both laws rescinded.

All 12 lawmakers present voted for an Aug. 22 public hearing on the changes. Three members of the body were absent.

Though he voted for the public hearing, Legislator Robert Farley, the Republican minority leader, echoed the sentiments of many of his colleagues who said that the people must be heard before their elected officials vote.

"I think we need to listen more on this, the best ideas don't come from any one on this legislature, it comes from the public," he said.

Despite the changes, Niskayuna Supervisor Luke Smith, who did not attend the meeting, still believes the legislature needs to hit the pause button.

"We are concerned with the entire legislation, specifically that it doesn't do what it's intended to do, which is protect children," Smith said before the session. He added that the panel needs to research the issue further and consult with experts, including probation officers, police and mental health officials.

Addressing the media outside county chambers, legislature Chairwoman Susan Savage, a Niskayuna Democrat, said she had solicited opinions from Schenectady County District Attorney Robert Carney and Sheriff Harry Buffardi.

"It's hard to meet everybody's needs, but at the end of the day we think we will have a piece of legislation that is similar to what our neighbors in other counties have," Savage said.

She stressed that the proposed changes were being contemplated before the New York Civil Liberties Union put the county on notice last week that if it continued to pursue the legislation, it could face a lawsuit.

"We think we're meeting the majority of the concerns," Savage said.
The legislature's Democratic majority, who had previously faced Republican complaints that they were soft on sex offenders, touted the legislation as the toughest of its kind in the state.
Its passage of the legislation gave chief sponsor, Ed Kosiur, a shot of media exposure just weeks ahead of his bid to win a special election to the Assembly seat in the 105th District. The district includes parts of Schenectady and the county towns of Rotterdam, Princetown and Duanesburg. It also includes all of Montgomery County.

But the legislation backfired on Kosiur, who despite a 4,000-voter Democratic enrollment advantage, lost the July 31 election to Republican George Amedore Jr.

Republicans and some Democrats said the issue inflamed voters in rural Duanesburg and Princetown, where officials feared the legislation would force sex offenders to move because those towns are more spread out.

Voter turnout numbers from the election seem to bear that out. Board of elections officials say nearly 50 percent of voters went to the polls in those two towns, while overall turnout for the election hovered at about 30 percent.

Savage has insisted the turnout wasn't a sign that the legislation was a political miscalculation. "There were really other (things) that were (to blame) such as the misrepresentation of (Kosiur's) tax record," she said earlier in the day.

Nelson can be reached at 454-5347 or by e-mail at pnelson@timesunion.com.

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SCHENECTADY COUNTY
Changes looming for sex offender laws
BY MICHAEL LAMENDOLA Gazette Reporter

   Stung by a persistent criticism from town supervisors and others, the county Legislature on Tueday scheduled public hearings on rescinding a controversial law that would have forced sex offenders to leave their homes and apartments after Oct. 1 if they lived in “exclusion zones.”
   The Democrat-controlled county Legislature also plans to amend a second law to exempt Level 1 convicted sex offenders from a ban on living within 2,000-foot exclusion zones and to grant the towns, villages and the city the ability to impose stricter measures to control Levels 2 and 3 convicted
sex offenders.
   The Legislature has set public hearings for Aug. 23 at 7 p.m. in the Sixth Floor Legislative Chambers on the proposed changes. The Legislature typically adopts local laws the same night.
   County Legislature Chairwoman Susan Savage, D-Niskayuna, said the changes “will bring us in line with other neighboring counties. Many people do not realize neighboring counties have residency restrictions.”
   Albany, Rensselaer, Otsego and Saratoga counties have laws that bar convicted sex offenders from living near facilities that cater to children. Schenectady’s laws, however, were the most stringent as they forced people from their homes without exemptions.
   The proposed changes will allow people to remain in their homes even if they live within exclusion zones, provided they lived there prior to the law’s enactment.
   Savage said the changes “still do what we want them to do, that is to keep Schenectady County from becoming a dumping ground for sexual predators.”
   The county Legislature approved two laws in June.
   The law to be repealed would have allowed the county to evict sex offenders residing within 2,000-foot exclusion zones after Oct. 1.
   The New York Civil Liberties Union said this law violated the state constitution by increasing punishment for a crime after it has been committed and placing “an undue burden on surrounding communities to which sex offenders might be forced to migrate.”
   The legislation would have zoned out sex offenders from most of the city and the village of Scotia. As such, town supervisors feared many convicted sex offenders would have relocated to their areas after Oct. 1. County leaders said this would not have happened and that convicted sex offenders would have instead left the county to find affordable housing. That prospect also raised concerns in Montgomery County, which has no such restrictions.
   The other changes affect the second law. They will remove Level 1 sex offenders, who are considered a low risk of re-offending, while preventing persistent and predatory sex offenders from moving into the exclusion zones.
   They also will allow municipalities to expanded exclusion zones beyond the 2,000-foot limits. Duanesburg, for example, could set exclusions zones to 5,000 feet or more, effectively making the town off limits to sex offenders.
   In addition, Savage said, the county Legislature may place money in the next budget for a new position in the sheriff’s department. The person would conduct online stings for people seeking to have sex with children and do spot checks to ensure sex offenders are listing their residencies on the state registry.
   “The sheriff and district attorney had a role with some of the changes,” Savage said.
   The proposed changes do not appease everyone, however. Duanesburg Supervisor Rene Merrihew, a Republican, said she wants the county to rescind both laws. She spoke at Tuesday night’s meeting of the county Legislature and presented legislators with petitions signed by 810 people.
   “The legislation remains ill-conceived. We need to step back and consult with the experts and develop a law that protects all residents in the county,” Merrihew said.
   Legislators Michael Eidens, DNiskayuna, and Carolina Lazzari, R-Rotterdam, who voted against the laws in June, said they oppose the measures even with the changes.
   Legislator Karen Johnson, DSchenectady, who also voted against the laws in June, said she is “leaning toward supporting the [second] law with the changes.”
   Minority Leader Robert Farley, R-Glenville, said he supports changes that give municipalities authority to expand exclusion zones and the removal of Level 1 offenders from the residential restrictions.  

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Seeking to mollify critics and minimize political fallout,

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Town awaits action on offender laws
BY STEVEN COOK Gazette Reporter

   NISKAYUNA — The Niskayuna Town Board Tuesday took a waitand-see stance on the county’s pending sex offender legislation.
   Supervisor Luke Smith, who has been critical of the county’s move to restrict where sex offenders live, had expected to propose a resolution from the town to ask the county to reconsider.
   But as the Schenectady County Legislature began work on possible modifications to the legislation at its own meeting Tuesday night, Smith withdrew his proposal.
   “I’ll be willing to listen to what they have to say and see what they do,” Smith said. “I just hope that whatever they do actually protects children and women.”
   Majority Democrats in the Legislature plan to repeal one law that will evict sex offenders residing within 2,000-foot exclusion zones after Oct. 1. The legislators also plan to make other changes to remove Level 1 offenders from the restrictions and to grant towns the ability to impose more stringent exclusion zones.
   Public hearings have been set for next week on the county level.
   Smith had a resolution drawn up to oppose the plan. The resolution outlined many of the arguments that have been used against the county legislation.
   There was also wording saying that county leaders should have consulted with law enforcement, probation, parole and mental health officials before passing the legislation.
   If board members believe the county’s moves are insufficient, Smith said, the resolution could be reconsidered at the board next meeting.  

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Despite the changes, Niskayuna Supervisor Luke Smith, who did not attend the meeting, still believes the legislature needs to hit the pause button.

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They also will allow municipalities to expanded exclusion zones beyond the 2,000-foot limits. Duanesburg, for example, could set exclusions zones to 5,000 feet or more, effectively making the town off limits to sex offenders.

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In a July 8 viewpoint article in The Sunday Gazette, County Legislature Chairwoman Susan Savage, D-Niskayuna, said the county enacted the laws because it “has come under increasing pressure to take more and more sex offenders being released from the state prison system. We have been contacted on several occasions to accept between 25 and 50 sex offenders scheduled for release from state prison. Although we have been successful in convincing state authorities that we are not equipped to handle more sexual predators, this situation has become increasingly difficult.”

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Silver has long been criticized for his employment with Weitz & Luxenberg, one of state's larger litigation firms.