Democratic Primary Results: Marshall, Koslowitz and Reyna Victorious

Democrat Mike Miller Wins Special Election for Assembly Seat

By Conor Greene

When the dust settled following Tuesday’s Democratic Party primary elections around the city, three veteran City Council members who supported allowing a third term had been defeated, and another two were in serious jeopardy of losing races that remained too close to call as of Wednesday.

Among the incumbent City Council members who lost on Tuesday were Alan Gerson of Manhattan, Kendall Stewart of Brooklyn and Helen Sears of Jackson Heights, Queens. Maria Baez of the Bronx was trailing her contest as of Wednesday, while Thomas White, Jr. was leading by just six votes against political newcomer Lynn Nunes.

Locally, Karen Koslowitz was victorious in a six-person race for the Democratic nomination to succeed Melinda Katz representing Forest Hills and Rego Park in the 29th District. Koslowitz, who previously represented the area until term limits forced her from office in 2001, defeated runner up Lynn Schulman 25% to 22%. Rounding out the field was Heidi Harrison Chain (19%), Albert Cohen (13%), Michael Cohen (12%) and Mel Gagarin (6%). Koslowitz doesn’t face a Republican challenger in November.

In the 34th District, which covers parts of Ridgewood, incumbent Diana Reyna – who supported Mayor Michael Bloomberg’s push to allow for a third term - appears to have survived a stiff challenge from Maritza Davila, who she defeated 45% to 43%, according to unofficial results released by the city Board of Elections. Gerald Esposito received 11%, or 1,041 votes.

Following a heated campaign in the 26th District, which includes Long Island City, Sunnyside, Woodside and parts of Maspeth, James Van Bramer, director of external affairs for Queens Library defeated City Council attorney Deirdre Feerick 45% to 37%. Long Island City attorney Brent O’Leary finished with 16% of the vote. Incumbent Eric Gioia decided to run for public advocate instead of seeking a third term.

However, things are still unclear in the 28th District, which covers parts of Jamaica, South Jamaica and Richmond Hill. Nunes, 24, is trailing by less than a percentage point against White – who supported extending term limits - as of Wednesday morning. Since absentee and military ballots still have to be counted, the race appears too close to call.

In the race for Borough President, incumbent Helen Marshall will serve a third term after easily defeating challenger Mark Leavitt, a Sunnyside attorney who wasn’t able to turn his strong fundraising effort during the campaign into a solid showing at the polls. Marshall finished with 52,258 votes, or 71%, compared with 12,294, or 16% for Leavitt.

Voters in some parts of Queens also took part in a special election to replace disgraced former state Assemblyman Anthony Seminerio, who pleaded guilty to accepting hundreds of thousands of dollars in bribes. Glendale Democrat Mike Miller handily defeated Republican Donna Marie Caltabiano, who is director of the Forest Park Senior Center by a count of 65% to 35%.

That election was held after Governor David Paterson decided to hold a special election featuring candidates chosen by each party’s county leaders, instead of holding a general election that would have featured a bigger slate of candidates. At least two candidates who had petitioned to be on the ballot have already vowed to challenge Miller next year.

For the two hotly-contested citywide offices – public advocate and comptroller – a runoff election is scheduled for September 29 since none of the candidates reached 40% of the vote. In the public advocate race, Brooklyn Councilman Bill de Blasio, who received 32%, will face off against Mark Green, who formerly held the position and finished with 30%. In the comptroller’s race, Councilman John Liu of Flushing received 38% and will face Brooklyn Councilman David Yassky in the runoff election.

With the Democratic nominee officially secured, Thompson wasted little time kicking off his campaign against Bloomberg, who wasn’t involved in Tuesday’s primary election. Bloomberg agreed to participate in two debates, but Thompson wants him to agree to debate in each of the five boroughs.

“After eight years of the mayor who has looked out for the rich and powerful, isn’t it time we had a mayor who looked out for the rest of us?” Thompson told a crowd of supporters at his victory speech Tuesday night, reminding them that the city’s unemployment rate is at a 16-year high, despite promises by Bloomberg to create jobs. “It’s time for a change, New York! Eight years is enough!”

Even though he wasn’t running in a race on Tuesday, Bloomberg held a campaign kickoff rally on Manhattan’s West Side. Without mentioning Thompson by name, Bloomberg warned voters to avoid derailing progress he says the city has made under his leadership. “All of that could come to a screeching halt if we return to politics as usual,” he said.

And both candidates wasted little time in touting endorsements they have received from major political figures. On Wednesday morning, Bloomberg was campaigning outside a subway stop on Queens Boulevard in Forest Hills with former mayor Ed Koch. Meanwhile, Gov. Paterson issued a press released indicating he plans on publicly endorsing Thompson at a press conference Friday.

In Wake of Tragedy, a Push to Prevent Unattended Car Idling

Crowley Introduces City Council Legislation
HIT AND RUN SUSPECT ATTEMPTED SUICIDE

By Conor Greene

Nearly two months after a man driving a stolen car killed two pedestrians, the defendant has yet to appear in court after attempting suicide, and a local council member has introduced legislation she hopes will help prevent such tragedies in the future.

Kenneth Guyear, 27, is facing up to 25 years in prison for running down 16-year-old Robert Ogle (left) and 20-year-old Alex Paul on 80th Street in Middle Village in the early morning hours of February 1. However, Guyear’s last two scheduled appearances in Queens Criminal Court were postponed because he tried to kill himself while in custody, according to his former attorney.

Guyear was admitted to the prison ward of Bellevue Hospital after the suicide attempt following his arrest, said attorney Ruth Addadoo-Johnson of the Legal Aid Society. Since he was just recently released from the hospital and returned to Rikers Island, court appearances scheduled for March 12 and March 19 were adjourned.

Guyear, of Middle Village, is now scheduled to appear in court on April 6. His current attorney, Scott Bookstein, refused on Tuesday to comment on the proceedings against his client. When asked to confirm that Guyear had tried to kill himself, Bookstein responded, “What does no comment mean?”

The tragic events began when Ogle and Paul were walking to Ogle’s house after attending a house party at a nearby friend’s house in Middle Village. Meanwhile Guyear, who later admitted to being drunk, stole a car that was left running outside a Woodhaven Boulevard deli. Just minutes later, Ogle and Paul were lying dead in the middle of 80th Street, only blocks from their destination.

Currently, the fine for leaving your car running while its unattended is just five dollars, according to Councilwoman Elizabeth Crowley (D-Middle Village). In hopes of discouraging others from leaving their vehicles open to theft, she has introduced legislation to raise the penalty to $250. Crowley was joined by Robert Ogle’s parents, Brendan and Mei, and Council Members John Liu and David Weprin on the steps of City Hall on Tuesday to announce the legislation.

“A few weeks ago, a seemingly avoidable tragedy struck my district,” said Crowley. “Sadly, the deaths of the two young men… may have been avoided if a man had not left his car running while shopping in a store.”

Liu, who chairs the Transportation Committee, noted that another similar tragedy occurred weeks before Ogle and Paul’s death when an unoccupied van was left in reverse, causing it to jump the curb of a Chinatown sidewalk. The van rammed into a group of preschool students, killing two and injuring at least 11 other people.

“Unattended idling vehicles pose a substantial danger to the public,” said Liu. “The danger has been brought to light by recent tragedies where vehicles have gone into motion without anyone in the driver’s seat… We must simply shut the engine off.”

Ogle was a junior at Brooklyn Technical High School, where he played football and aspired to be a journalist. Paul lived in Cypress Hill, Brooklyn and had met Robert that night at a mutual friend’s party.

Robert Holden, president of the Juniper Park Civic Association, attended Tuesday’s press conference and it “good legislation” that could save lives. If an unattended vehicle is stolen and then used during a crime, Holden thinks there should be both criminal and motor vehicle penalties incurred. “There has to be some kind of responsibility because you obviously are making it easier for criminals,” he said.

In partnership with the new law, Council Member Crowley is working with Council Member John Liu to implement an awareness campaign to prevent people from leaving their cars running while unattended. “Leaving your car running and unattended seems like a minor, careless mistake, but all New Yorkers must understand that it is irresponsible, dangerous and potentially deadly,” said Crowley.

The Queens District Attorney’s Office didn’t respond to several messages regarding the status of the case against Guyear.

Bloomberg Pushing Term Limits Amendment

Hearings Scheduled for Oct. 16 and 17, Vote Expected on Oct. 23

By Conor Greene

A one-page bill introduced by Mayor Michael Bloomberg on Tuesday calls for permanently allowing elected officials to serve three consecutive four-year terms instead of two. The bill is being pushed through quickly and will likely be the subject of public hearings before the end of the month.

At the same time, Councilman David Weprin (R-Hollis) introduced a bill that would require that any change to term limits be done by a referendum, since residents voted twice to establish term limits. The bill is also sponsored by Councilmembers Bill de Blasio, Eric Gioia (D-Sunnyside) and John Liu (D-Flushing).

In addition, Councilman Tony Avella (D-Bayside) sponsored a resolution that would force the state legislature “to give the authority to provide in its Charter than any change in its term limits must be submitted to voter referendum.”

“If this Council votes to amend the Term Limits Law without seeking a public referendum, it will go down in history as one of the most blatantly self-serving and autocratic acts of any legislative body in this city’s history,” said Avella, who is running for mayor next year.

Council Speaker Christine Quinn has refused to comment publicly on the bill, telling reporters at City Hall on Tuesday that, “I do not have an announcement to make for you today regarding term limits.” After announcing his intentions to amend the term limits law last week, Bloomberg was in Europe this week meeting with foreign leaders.

The attempt by Bloomberg to overturn the current term limits comes as 13 of 14 City Councilmembers from Queens will be forced out of office due to term limits in 2009. Many have already announced their intentions to run for higher office, including Melinda Katz (D-Forest Hills), who plans to run for comptroller. William Thompson, who currently holds that seat, has indicated that he still plans to move ahead with his mayoral bid, even if term limits are amended.

Katz has not said whether she will abandon her comptroller run and again seek her City Council seat if term limits are extended. However, due to the stricter campaign finance limits for City Council candidates, she would have to return about $400,000 that she has raised for her comptroller bid if she does so.

While Katz has not publicly endorsed a candidate to replace her on the City Council, her spokeswoman told the Daily News that she is friends with “both” candidates, referring to former Assemblyman Michael Cohen and Queens Deputy Borough President Karen Koslowitz, who represented the 29th District on City Council from 1991 to 2001.

Other candidates for that seat include Heidi Chain Harrison, Lynn Schulman, Bob DeLay and Mel Gagarin.

Other term-limited Councilmembers include Joseph Addabbo (D-Howard Beach), who is gunning for the state Senate seat currently held by Serf Maltese (R-Glendale), Eric Gioia, who is planning a bid for public advocate, Peter Vallone (D-Astoria), who is eyeing the borough president’s seat and James Gennaro (D-Fresh Meadows), who is challenging Frank Padavan (R-Queens).

At a civic meeting on Tuesday, Addabbo said that he fundamentally doesn’t agree with the concept of term limits, but said that “what has been created by the people should be changed by the people.” He added that for the City Council to make that decision would be “self-serving and wrong” and is something he won’t support.

Meanwhile, Bloomberg, who doesn’t have a job lined up after his mayoral term ends next year, is working hard to push his bill through the City Council. Public hearings have reportedly already been scheduled for October 16 and 17, and a vote is expected on October 23.

Possibly complicating matters, Assemblyman Hakeem S. Jeffries (D-Brooklyn) was expected to hold a press conference on Wednesday afternoon announcing his plans to introduce a bill that would prevent Bloomberg from extending term limits without first holding a public referendum.

Katz Fundraising Request is Denied by CFB

Real Estate Contributions Will be Restricted in December

By Conor Greene

During her time as chair of City Council’s influential Land Use Committee, Melinda Katz has raked in hundreds of thousands of dollars in campaign contributions from members of the real estate industry. Since deciding to run for comptroller two years ago, she has raised more than two million dollars, outpacing her three opponents.

However, starting in December, the amount that members of the real estate industry can contribute to politicians will be severely curtailed due to a change in the city’s campaign finance laws. That means Katz’s ability to pull in money for a runoff election during the Democratic primary – which would take place if none of the candidates received at least 40% of the vote – would be reduced significantly.

To avoid the possibility of having to amass a war chest for a runoff without being able to fully leverage the real estate industry, Katz recently asked the city Campaign Finance Board to allow her to establish an account now that would be set aside in case of a runoff. That means that industry members who have already contributed $4,950, the maximum allowed by law, could give another $2,475 for a runoff effort. Under the new law taking effect in December, those contributions will be limited to just $200.

In a letter to CFB Chairman Joseph Parks, the Katz campaign predicted the battle for the comptroller’s position “will be a highly competitive race.” Currently, three other elected officials – Councilman David Weprin, Councilman David Yassky and Assemblyman Jim Brennan – have formally declared their candidacy, and Bronx Borough President Adolfo Carrion has publicly stated his intention to seek that position.

In the June 30 letter to CFB, Katz’s treasurer Ronald Kaye, argues that a runoff “can be reasonably anticipated” due to the number of candidates currently running, the amount of money collectively raised so far, the lack of public polling in comptroller’s races until late in the primary process and the fact that incumbent William Thompson, Jr. can’t run again due to term limits.

“Councilwoman Katz believes that one of the most important aspects of the campaign finance program is that it encourages candidates to continue to focus on raising matchable contributions from New Yorkers early in the process, so that they can get that responsibility out of the way and concentrate on meeting with voters and debating the issues as the election draws near,” wrote Kaye.

“If there is a runoff election for Comptroller, which would surprise few political observers, the compressed time period after the primary would best be spent on debating and discussing the issues, not scrambling for last minute dollars."

Last Thursday, the CFB decided that “based on the information now available… a runoff election in the Democratic Party primary is not ‘reasonably anticipated’ at this time.” It notes that candidates “may submit another request” in the future if the race has “sufficiently evolved to enable them to demonstrate with concrete evidence that a runoff is ‘reasonably anticipated.’”

The decision, available on the CFB’s website, calls the prospect of a runoff “highly speculative” and argues that allowing a candidate to collect funds ahead of time would “actually undermine some core purposes of the Campaign Finance Program.”

It notes that the board has never decided that a runoff is reasonably anticipated more than a year before the election. The earliest it has done so was in February 2001 during the mayoral Democratic primary between Mark Green and Fernando Ferrer. The decision also points out that “no documentation of the history of runoff primaries for the Democratic comptroller primary, polling information or press reporting was presented to the board to support the request.”

According to the latest filings with the CFB, it’s clear that the comptroller’s race is attracting a lot of attention from donors. Katz leads the field with $2.1 million raised, followed by Weprin, with $1.8 million, Yassky, who has raised $1.3 million and Brennan, at $492,203. Carrion has raised $1.7 million, according to the CFB.

Katz’s comptroller campaign did not respond to a message seeking comment on the request or the CFB’s decision. However, at least one of her opponents is convinced that the new law limiting real estate contributions was the reason behind the request.

“Obviously, the request was premature, and we applaud the board for recognizing that,” said Yassky’s spokesman Doug Forand. “The context of this request is troubling and appears to be an effort to expand the ability for individuals to give money now who are going to be precluded from making those donations in the near future. There is plenty of time after these rules are put in place for someone to raise money should there be a runoff, so that argument doesn’t hold water as far as we’re concerned.”