The Kessel NYPA Watch, March 21, 2011 – By George J. Marlin

Street Corner received the following letter on March 15, 2011 from NYPA’s Corporate Secretary.

Kessel is stonewalling again.  He will not release his updated contribution list until after the March 29, 2011 NYPA annual meeting.

Dear Mr. Marlin:

This is in response to your letter dated February 20, 2011 and received by this office on February 22, 2011 requesting the following records:        

1.  Information and records as to contributions, grants, donations, sponsorships, payments and purchase of tickets (collectively, “Expenditures of NYPA Public Money”) to or from not-for -profit entities, colleges, universities and research centers (collectively, “Recipients of NYPA Public Money”) from NYPA or any subsidiary or affiliate for the period July 1, 2010 through and including December 31, 2010;

2.  Information and records as to whether each Expenditure of NYPA Public Money to each Recipient of NYPA Public Money from NYPA or any subsidiary or affiliate for the period January 1, 2009 through and including December 31, 2010 was processed in full compliance with NYPA board or entity policy and procedure for Expenditure of Public Money;

3.  For each Expenditure of NYPA Public Money which involved purchase of tickets for an event held outside a NYPA facility, provide the names and relationship to NYPA of each person who used the ticket purchased or acquired by or through the Expenditure of NYPA Public Money;

4.  Information and records as to health insurance coverage or benefits or indemnification against health insurance liability or reimbursement of expenses of any such health insurance coverage provided now or at any time in the past to any present or former NYPA Board member;

5.   The names, titles and salaries of each person hired by NYPA since September 30, 2008, excluding union members covered under a collective bargaining agreement with NYPA. Provide in addition to name, title and salary for each such hire whether

a. the hire was to fill an existing vacant position/title as specifically reflected in the annual budget approved by the NYPA Board;

b. the vacancy was posted internally and/or externally; and

c. the position was newly created and did not exist prior to the hiring of such person;

6.  The names, titles and salaries of each person who has been promoted to vice; president or above by NYPA since September 30 2008 and the three year salary history of each such person, excluding union members covered under a collective bargaining agreement with NYPA.  Indicate whether each such promotion was considered by or approved by the NYPA Board; and

7.  The names, titles and amount of increase in salary of each vice president or higher who has received a raise in his or her salary since September 30, 2008, excluding union members covered under a collective bargaining agreement with NYPA.

Authority staff need an additional period of time to identify, locate, retrieve and review any such responsive records and will contact you on or about April 11, 2011 with the status of your request. 

Sincerely,

Karen Delince
Corporate Secretary
New York Power Authority

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19 Comments on “The Kessel NYPA Watch, March 21, 2011 – By George J. Marlin”

  1. Phil Mihiney Says:

    Today’s NY Post is calling for a NYS Inspector General investigation. WAY OVERDUE!!!! Keep it up Mr. Marlin, I think people are beginning to listen.

    • ResistanceIsFutile Says:

      Phil

      I believe it was on 2/14/11 that you first made your repeated call for Andy Cuomo and the AG/IG to start looking into this. Perhaps they read this site as well.

      Kudos to you and Mr. Marlin.

    • Chris Says:

      Unbelievable that such hatred is displayed, when what is comes down to is that Upstate doesn’t like money going downstate — even though all of Long Island schools and municipalities as well as various businesses participate/have participated in NYPA’s programs over the past 30+ years, but why should facts get in the way.

      As for Investigating Sponsorships at NYPA, Dear Mr. Investigator….

      Do you know that NYS OGS is “sponsoring” Martin Luther King Career Day on April 14th, – shouldn’t that be a NYS Dept of Labor effort? – QUICK – call the AG and investigate.

      How about NYS Lottery – they should be investigated too! – they do tons of sponsorships AND while NYS Lottery gave 2.6 Billion last year to NYS Education it should be noted that the County with the just about, if not the highest TAXES in NYS received much less than Upstate Counties (Nassau County $96,651,391.14 versus Monroe County who received$159,710,719.3- furthermore, Richie’s town of Merrick received only 796,000 which is less than what EVERY town in Monroe County got.

      POINT being if you look at every NYS Agency/Authority you will find the same processes occurring – You can’t isolate one agency with out looking at the whole state.

      I think Fill-My-Hiney (phil mi-hiney) needs to get some wipes and the rest of you need to stop hyperfocusing – why don’t you look at the UNITED NATIONS DEVELOPMENT CORP – they have state employees, their CEO makes almost 200,000 a year – find out if our NYS tax money is going overseas, You DON’T think they take Diplomats and others out to dinner on our dime????

      Given the vindictive tone of the submitters and writer of the articles, I’m sure Salem Witch Trials could be held again – there’s got to be plenty of spectral evidence.

      • Phil Mihiney Says:

        Hey Chris,
        Owe your high paying job to Richie Boy? The only wipes needed here are the ones to wipe these corrupt self serving individuals out of thier positions of power. But I do agree that NYS in particular and Govt in general have become a cesspool of this type of corruption and need to be cleaned up. Our tax money is being wasted and our energy costs continue to rise due to this unchecked abuse of the system. We all suffer because of them. I am not being vindictive, as you state, only realistic. The evidence isn’t “spectral”, it is real, if only those in a position to clean up our state would look for it. Chris, ask yourself one simple question, Why is Richie stonewalling a simple FOIL request? Is he hiding something?(sorry, two questions) I rest my case.

      • ResistanceIsFutile Says:

        Chris

        So what you are really saying is that you are in favor of more NYS government spending at the expense of utility ratepayers, hard working NYPA employees and NYPA customers?

        NYPA employees have strict code of conduct/ethics, and conflict of interest agreements. If they were to direct NYPA funds to organizations in the way that Kessel does, eyebrows would be raised.

        Not picking on Kessel. If Kessel’s predecessors did the same as he did, the same questions/requests would be made.

        Not every search for the truth is vindictive or a “witch hunt”. Are you saying Spitzer’s removal was a result of “witch-hunting”?

  2. Greg Says:

    Upstate Worker —

    How dare you arrogant bastards talk about “Richie” as our savoir? We were hired based on qualifications and professional expertise. We work for the New York Power Authority and the people of the state of New York. We are NOT HERE TO KISS KESSEL’s Assets!!!!!
    As for his political support, it ends at the Long Island border, everyone upstate knows that. Outside of the FORK’s , his only real friend is that downstate pol Dean and his L.I. crowd.

  3. ResistanceIsFutile Says:

    To New Yorker

    Nice try promoting your defense of Mr. Kessel by quoting your letter to the Post and using legal issues to obfuscate “the truth” as you call it. Are you his speechwriter because you take a whole lot of words to say nothing? I hope not to fall into your example with my reply.

    You start your argument with two words – Defamation and Libel. The key factor in both terms is that both use FALSE accusations about someone to do them harm.

    If Mr. Kessel were truly being Defamed and Libeled, he could use his cracked legal team and sue the NY Post and others. Methinks however that he was paying attention when Barry Bonds, Roger Clemens, etc. decided to challenge their accusers.

    You accuse us commenters as “acting in malice; a total disregard for the truth and using ancient quotes out of context to further hurt individuals.”

    There’s that word again – “truth”. The whole point of Mr. Marlin’s several FOIL requests are to GET TO THE TRUTH. There are “burning embers”,”smoking guns”,”frivolous donations” where Mr. Kessel has traveled, and is now. The FOIL is to find out whether Mr. Kessel is directly associated with them and answer the questions once and for all. Until then I will continue to imagine his jolly face in place of Jack Nicholson’s as he scolds the jury “you want the truth? You can’t handle the truth!!!!”

    New Yorker: A “person of interest” cannot accuse the investigators or media of defamation or libel because interrogation of the “person of interest” is part of due process to determine the facts. Mr. Kessel just happens to be a very big person of interest right now from whom we are waiting to hear the facts.

    And how is it that the FOIL request for the ex-Mayor of White Plains’ traffic infraction was provided to the Journal News in under a week, but Kessel’s FOIL request is still (lost count) days and going?

    • Phil Mihiney Says:

      Resistance,
      Nice commentary, very well written, unlike New Yorkers rambling tirade,(I would have said diatribe but New Yorker would have had to look up that word in the dictionary). The Mayor’s FOIL was provided quickly because he doesn’t have a dog. Kessel’s dog ate the information Mr. Marlin requested. Then Kessel ate the dog to hide the evidence.

  4. PowerBabe Says:

    word in the shop is that Dyson has neutered Kessel and taken control of ridiculous Hudson River cable deal and Yahoo fiasco away from Kessel. Dyson will save the taxpayers and ratepayers tens of millions. Alleluia. So, why exactly should Richie stay on???? What about all these Long Island hacks Kessel hired???

  5. Gov'tMule Says:

    George, on behalf of the (working-class) taxpayers of NY, thank you.

  6. new yorker Says:

    Cancel Kessel…. Should read: NY Post Cancelled.

    Enough already — the blogs, papers and chatter – it’s sickening, sad and out of control. Mr Marlin, you bit the hand that fed you in the past (Pataki, Rudy, etc.) Enough.

    Letter sent to NY Post and Many other Politicians and Media Outlets…………….

    Dear Editor,
    I have officially cancelled my subscription to the NY Post, two words –Defamation, Libel.

    The Cancel Kessel piece had to be the most irresponsible piece of writing in recent history, being a public figure, Mr. Kessel should look at:
    Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967)
    The decision held that, while news organizations were protected from liability when printing allegations about public officials under the Supreme Court’s New York Times Co. v. Sullivan decision (1964), they may still be liable to public figures if the information they disseminate is recklessly gathered and unchecked.
    Furthermore, the NY Post, Mr. George Marlin and others are acting in malice; a total disregard for the truth and using ancient quotes out of context to further hurt individuals.
    People depend on newspapers to be unbiased and factual but instead we read lies and the public at large is being treated as if we were uneducated, unreasonable idiots.
    Mr. Editor, New Yorkers are not stupid, we can tell when personal vendettas are being pursued for political gain.
    Mr. Marlin during his tenure at the NY/NJ Port Authority and every other NY State Agency/Authority participated in sponsorship supports until former LIPA head Kevin Law sent an inquiry to then Gov. Andrew Cuomo questioning such practice. Then AG Cuomo (see attached ruling) indicated any sponsorships needed to be tied to respective Authority/Agency missions, which then LIPA President Law even took part in.

    NO WRONG-DOING was found to be done by Richie Kessel/LIPA. LIPA customers could even “opt out” if they did not want their $ going to organizations.
    Unfortunately, while all this politicking is occurring, the people that are hurt the most are NYS residents who can not receive educational information (be it MTA schedules, lightbulbs, information on solar, museum events, etc) through the local events that can not run or have been grossly scaled back as a result of the stoppage of funds granted to them. Ironic part of it all is that money “given” to organizations is actually all funded through every NYS resident in some way, shape or form.
    Maybe I am missing something, but I would think giving to LOCAL Chambers of Commerce and local institutions (for fairs, seminars, etc) bring local residents to the businesses within the town which results in people spending money with the local businesses (which helps the business pay their bills) which helps generate revenue (and NYS tax $) – ok, so if I follow the lynch mob of the NY Post, Mr. Marlin and other elected officials…….. they are saying…..Withhold sponsorship money, so the Chambers can’t hold events, so businesses will lose money…..got it!
    NYS is one state (as our Governor has said so many times) – stop the parochialism, we all pay into NYS, regardless of where/what Power Authority, Economic Agency or anything is located, it all evens out in the end.
    Lastly, any average person will understand and rationalize that the percentage of overall money spent on community sponsorships statewide is a mere pittance.
    If the amount of energy being used to defame/libel public figures could be harnessed in a positive manner, real change could be effectuated on real problems in NYS (education, need for more alternative energy, senior care, etc.)
    I only hope that if NYS taxpayer money is wasted to further investigate NY Power Authority sponsorships, that NYS is looked at as a whole, go back to when Mr. Marlin was at the Port Authority, Mr. Law was a LIPA and let’s see the real story.

    I was disgusted to read in another malice paper, that potential new Trustee Dyson is quoted that he will use outside counsel if need be to investigate…..Shouldn’t we be spending this money on energy projects instead???

    Mr. Kessel and every other person who is being libeled by papers such as the NY Post, please take as stand and let your true “public” records speak to us in their entirety– we’re not stupid.

    Note to Mr. Kessel – you have much support statewide, thank you. – According to public documents/official files which are found on the internet: You kept the lights on (, you upgraded an electric system that was one of our country’s worst to be one of the most reliable in NYS and the US (as documented by NYISO); you created over 3,500 direct/indirect local JOBS via energy efficiency/alternative energy programs, (You installed what was at one time the WORLD’s largest solar project and created a workforce that went from 1 solar contractor on LI to almost 100 during your tenure). You did so much more, people just need to go look at the facts and then they will see the truth.

    Signed – a regular working person who doesn’t want to give a name for fear of retribution from Mr. Marlin, Mr. Law, Mr. Dyson, Mr. Harrington, our new AG and any other person.

    CC: Senator Skelos, Gov. Cuomo, NY Times, Newsday and many others…..

    PS – for all the people that are posting negative comments and sharing confidential information, you have had the luxury of being a NYS employee for a long time thanks to many of the people you try to discredit. From the way you guys write, many are Tier 1’s to 3’s which means – you are in a cushy spot — medical benefits totally paid for (Tier 1’s) among other benefits not seen by Tier 4 or the new 5’s.

    There are so many other problems in NYS and the world, we should all look at what’s important.

    Everyone has an opinion just like they have a ……le, but some people can’t help having the opinion and being a ……..le

    • Upstate Hydro Says:

      Richie –

      Please tell your wife to quit writing letters on your behalf. Also, please teach her how to spell.

      Thanks

    • FluffGov Says:

      I think the writer needs to go back to school. If they are a Lawyer….I hope they don’t work for NYPA.

      Defamation – the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give a FOK’ker a negative image.

      Libel – ditto.

      Curtis v Butts – established the standard of First Amendment protection agains defamation claims brought about by private individuals. The decision held that, while news organizations were protected from liability when printing allegations about FOK’kers, they may still be liable to public figures if the information they disseminate is recklessly gathered and unchecked.

      – Having read both articles from the NYPost – see links below – I see no evidence of slander, libel or defamation.

      And why wouldn’t John Dyson bring in external counsel to clean house? How many flunkies does Kessel have on his patronage payroll?

      http://www.nypost.com/p/news/opinion/editorials/you_re_his_atm_pxX9DjD7XvxeOL2Oy5P5JJ

      http://www.nypost.com/p/news/opinion/editorials/cancel_kessel_kKTOpK5AV4NFmrP1PBOpcL

    • Dyson - Send Them Packing! Says:

      New Yorker wrote: “You have had the luxury of being a NYS employee for a long time thanks to the many people you discredit”

      Talk about hubris and being out of touch.

      Unlike you, I can guarantee you that those writing here and many many others of the same mind at NYPA don’t have Kessel and his hacks to thank for their jobs…we’ve been at NYPA for many years and got where we are based on our qualifications, unlike you and your overpaid and completely unqualified breathren.

      Signed,

      A Tier 4 NYPA Employee

    • farandaway Says:

      That you again Fran?

    • snowbird Says:

      Let me see if I got this right.

      Its okay what Richie did because everyone does it and he only did little amounts.

      He did some good so lets overlook the facts that LIPA is a financial train wreck and NYPA is about to have its credit rating lowered.

      He takes over the responsibility of handling new jobs and promotion himself because and I quote “I can’t trust my management to do it right”.

      He is pushing billion dollar projects with absolutely no economic support.

      He hands out 100k jobs to his non-qualified cronies like candy canes at Christmas.

      He gives promotions only to those who KHB or are politically connected.

      He makes sure the watch puppies won’t do their job.

      And at the meeting I saw today he was NOT using the pronoun “I” as he did when he handed out the checks. No today it was the checks “we’ the Authority gave out.

      I have nothing personal against Richie he just should not be running the Power Authority. Period. It as simple as that.

      Thank God I am out of there and can go to the beach this afternoon.

    • Phil Mihiney Says:

      Hey New Yorker,aka: “Richie’s wife”, look at today’s Post, too bad you can’t cancel your subscription twice.At least we don’t have to read your uninformed and obviously biased comments about this editorial since you won’t be able to read it. Or are you cheating and reading it on line?

  7. Upstate Hydro Says:

    Mr Marlin – Keep up the heat.

    This has the upper echelon of NYPA running scared. Hopefully the Regional Managers will be included in that salary listing. They were bought off by Kessel to keep their mouths shut and let him run the company the way he wanted to.

    Now the Regional managers and others (even those at the sites) that were taken care of are biting the hand that fed them. As far as I am concerned, they are bottom feeders. They are the the type of leaders NYPA needs.

  8. phil mihiney Says:

    I think it’s time for a criminal investigation. Let’s see them stone wall a subpeona or a search warrant!!! They belong in jail, what arrogance these people have! And the sad thing is, they get away with it. Keep up the pressure Mr. Marlin, sooner or later someone with authority will have to do something and get involved.


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