Today's audio daily news update.

Brendan J. Lyons reports in the Times Union that on Sept. 11 state Supreme Court Justice Thomas Marcelle ruled that New York’s new independent ethics commission violates the state constitution because it was formed without a constitutional amendment. Marcelle also said the ethics commission wrongly takes authority from the governor, and improperly administers and enforces ethics laws that are “the exercise of executive power belonging to the executive branch.” The ruling came in a case from former Gov. Andrew Cuomo, who wants to stop the ethics commission’s efforts to investigate a $5 million deal that he received for writing a book about his administration’s handling of the pandemic. The investigation is into whether Cuomo unethically used government staffers to work on his book rather than taxpayer business. Marcelle wrote, “Our constitution, which so carefully allocates power among the three branches, will not permit those powers to be transferred to (an) independent commission amounting to an unsanctioned fourth branch of government.... The government belongs to the people of the state of New York. They established it, and only they can alter it. … If the people should choose to be governed by those who are not politically accountable to them or their governor, who swear no oath of allegiance to them, and who come as a class composed of urban academics and who are not reflective of the cross-section of the people whom they govern, the people may do so. But it is for the people to decide and only the people. Here, the Legislature has done by statute what was required to be done by constitutional amendment.” Read more about this story in the Times Union.

Paul Kirby reports for the Daily Freeman that after first proposing only online hearings, the Public Service Commission will now hold in-person meetings about Central Hudson Gas & Electric Corp.’s proposed double-digit electricity and gas delivery rate increases. Previously, four virtual and telephone hearings were announced for this month, but now a press release from the commission says the in-person public hearings would be held at a later date, but gave no specific details. Local politicians such as Assemblymember Didi Barrett and state Sen. Michelle Hinchey have called for in-person meetings. Barrett said, “Ratepayers in the Hudson Valley have faced sky-high utility bills in recent years, bills that were only exacerbated by the flawed rollout of Central Hudson’s new billing system that left many of my constituents having to decide whether to pay their electricity bill or put food on the table.... Given the significant rate increase requested by Central Hudson, it is more important than ever to have an in-person public hearing on this proposed rate increase so that all ratepayers have the ability to voice their concerns.” Central Hudson is seeking a 16 percent increase in delivery rate for electricity and 19 percent for gas starting July 1, 2024. Read more about this story in the Daily Freeman.

Adam Penale reports for Spectrum that the Asian Lunar New Year is now a public school holiday in New York. Gov. Kathy Hochul signed legislation on Sept. 9 requiring all public schools to close for the Lunar New Year holiday. Hochul said, “By designating Lunar New Year as an official school holiday, we are taking an important step in recognizing the importance of New York’s AAPI community and the rich diversity that makes New York so great.... It is not just a day off from school – it is an opportunity for our children to learn about and celebrate their own or different cultures and traditions.” Read more about this story at New York State of Politics.

Today's daily news audio update.

Click above to download or play the "Better Weather." Produced by Joe Demanso of the Catskill Makers Syndicate.

Patrick Tine reports in the Times Union that Gary J. Sheldon, 74, and Patricia Platt, 77, both of Clarksburg, Mass., were hit by a car and killed on Sept. 9 on Route 20 near the Lebanon Valley Speedway racetrack in West Lebanon. The newspaper did not identify the 36-year-old woman from Lee, Mass. who hit the couple with a 2019 Subaru Crosstrek. The race track's Facebook page said that was the track's last evening of racing for the season. After a large brawl two months ago, the Columbia County track said they were hiring an on-duty sheriff's deputy and installing new cameras, but the newspaper could not confirm if that happened. Police are investigating the incident. Read more about this story in the Times Union.

Diane Pineiro-Zucker reports in the Daily Freeman that prominent conservative and liberal scholars have argued recently that former President Donald Trump cannot run for office under the 14th Amendment, because he took part in an insurrection. Local Reps. Marc Molinaro, a Republican, and Pat Ryan, a Democrat, predictably disagree on the issue. Ryan said, “The constitutional scholars that have written on this, including many very conservative constitutional scholars asserting that Trump should not be on the ballot … is a very compelling argument.... I think it’s something we have to take seriously (and) that I want to certainly hear from more experts on it. I think it could likely end up in the Supreme Court.” Molinaro disagrees, saying, “You can’t consider the 14th Amendment in static, as if it was adopted a week ago. It was in the result of the near loss of the American Union and the concept was that we didn’t want that kind of experience again and, therefore, would use the Constitution to protect against states leaving and those using military efforts to overtake the Union. … When you apply that you have to apply the rest of the Constitution, which is due process. Every man and woman is afforded due process. Level the charge, consider the charges by a court and then get the individual to a penalty. That’s the basic American standard.” The 14th Amendment was passed so that people who take up against fair and legal voting in this country, who acted against the electoral process, were ineligible to win office. Ryan, who represents the 18th Congressional District, said, the amendment “was written post-Civil War to deal with exactly the situation we find ourselves in right now where there were those who had seceded from the Union and hijacked control of it and in 1861 voted to block certification of elections just like we had in 2021. So, we’re at a very perilous time and I’m glad that the folks had the foresight to include this (in the Constitution)." While Molinaro, who represents the 19th Congressional District, does not believe in disbarring Trump from office, he would not say if he supported him. Asked about Trump's role in the insurrection at the U.S. Capitol on Jan. 6, 2021, and recordings of Trump’s alleged attempt to subvert his election loss in Georgia, Molinaro would only say, “Let’s get through this next chapter.” Read more about this story in the Daily Freeman.

Mid-Hudson News reports that New York has a new law prohibiting employers from disciplining employees who opt out of meetings about the employer’s political or religious views. Governor Kathy Hochul signed the legislation that expands employee protections of speech and conscience. Mario Cilento, President of the New York State AFL-CIO, said, “We applaud Governor Hochul for signing into law three critical pieces of legislation that ensure New York State leads the way when it comes to protecting workers’ rights.... Among the new laws is legislation that addresses the long history of employers using so-called ‘captive audience’ meetings to force their views on personal decisions related to religion, health care, politics, or joining civic or fraternal organizations or labor unions. This new law protects workers by preventing employers from taking adverse actions against their employees for refusing to participate in such meetings.” Hochul bragged the bill helps make New York, "the most worker-friendly state in the nation." Read more about this story at Mid-Hudson News.

Here is this week's WGXC Congressional Report, tracking the votes, statements, positions, and campaigns of the representatives and candidates for the 18th, 19th, 20th, and 21st Congressional seats in New York. Democrat Pat Ryan is representing the 18th Congressional District, Republican Marc Molinaro represents the 19th Congressional District, Democrat Rep. Paul Tonko represents the 20th District, and Republican Elise Stefanik represents the 21st District. Click here to listen to this report.

Mid-Hudson News reports that it is difficult to tell if local Rep. Marc Molinaro was talking about 81-year-old Senate Minority Leader Mitch McConnell or 90-year-old Senator Dianne Feinstein, or the two leading candidates for president next year, but he said some older politicians need to know when it is time to retire. Molinaro said, “At some point, whether it is you are confronting a mental or physical health concern that requires you to take stock and focus on yourself, or you have some health concern later on in life, as a public official, you need to know when it is time to exit the stage.... And there are plenty of people in public office who need to decide to exit the stage and allow the next generation to step forward.” Both the Republican McConnell and the Democrat Feinstein have had public incidents this year where they seemed to freeze, or were confused, in public. Molinaro, a Republican who is 47, has been in politics since age 18 when he was elected mayor in Tivoli. He now represents the 19th Congressional District. Read more about this story at Mid-Hudson News.

Chris McKenna reports in the Poughkeepsie Journal that a group calling itself New York Citizens Audit is going to the homes of New Yorkers and questioning their voter registration status. Officials are concerned because in some encounters the group appears to be posing as board of election workers, and in other cases telling people they have committed a felony by being registered to vote in two places. Raymond Riley III, the state board of election's co-executive director, said in a statement, “We are extremely alarmed by these actions.... These individuals are impersonating government officials in an effort to intimidate voters based on inaccurate and misleading information.” Marly Hornik, executive director of New York Citizens Audit, says her group is not pretending to be election workers. "Absolutely not.... We are researchers who use lawful methods." There has been little evidence of any voter fraud in recent elections in New York and nationally. The group has reportedly approached voters in Albany County, but not in Greene or Columbia counties. William VanNess, Warren County's Republican election commissioner, said he fears that the visits to voters homes might discourage people from voting. "We want people to vote," he said. "We work exceptionally hard to do that." Read more about this story in the Poughkeepsie Journal.

Diane Pineiro-Zucker reports in the Daily Freeman that the activist group Scenic Hudson held a press conference with Rep. Marc Molinaro, a Republican, and Rep. Pat Ryan, a Democrat, Sept. 7 at Stone Ridge Orchard in Ulster County, in support of the Farm Bill. That Congressional legislation is reintroduced and adopted every five years, including this one. Julie Tighe, president of the New York League of Conservation Voters said, “This is an opportunity we get every five years to make sure we’re supporting healthy food for all people, we’re uplifting rural communities and economies and securing good water quality … and addressing those challenges posed by climate change." Molinaro, who represents the 19th Congressional District, said, “We are in the midst of one of the most important American policies in our lifetime. … We’re facing, farmers know this first-hand, some significant challenges.” Ryan, who represents the 18th Congressional District, explained how difficult it will be to get the Farm Bill passed. “It’s going to require, on a personal level, folks like Marc and I coming together and saying, ‘How do we get this over the line.’ It’s a five-seat margin in a divided government. It’s going to take those personal connections to bring the seriousness we need to get this over the line.” Much of the Farm Bill is about helping poor people get enough nutrition. Molinaro complained that some states are “really good at processing payments and less good at empowering independence.” Ryan, on the other hand, said, the Farm Bill “is the bill in which we decide who goes hungry in the country and who doesn’t. And that is a point of significant debate” between Democrats and Republicans. Read more about this story in the Daily Freeman.

Today's audio daily news update.

Alexandra Zissu reports in the Times Union that last winter's mild temperatures and below-average snowfall have meant more bees, wasps, and hornets this summer. Betty Jean Jansen of Hudson Valley Pest Control said, “We have been in business over 50 years and I don’t ever remember having anything like this.... It’s overwhelming.” Yellowjackets, are especially prevalent locally right now. Dan Gilrein, an entomologist at Cornell Cooperative Extension Suffolk County, said, “Unlike most ground-nesting bees, yellowjackets can be very defensive around nests, and their numbers are highest at this time of year.... The workers are often encountered foraging around trash bins and around picnic sites, attracted to food materials.” New York has a list of swarm catchers in every county that can relocate excess bees. But too many bees is considered a good thing by many, as the latest Empire State Native Pollinator Survey found that about one-third of pollinator species are at a high risk of becoming extinct in New York. Read more about this story in the Times Union.

Tara Suter in The Hill reports that the Democratic Congressional Campaign Committee put out a video Sept. 7 attacking five New York Republican House members, including Rep. Marc Molinaro, for not moving to expel Rep. George Santos. In May, Molinaro, Anthony D’Esposito, Brandon Williams, Mike Lawler, and Nick LaLota all voted to refer a resolution of Santos’s expulsion to the House Ethics Panel, instead of voting to expel the Congressperson. Santos faces 13 federal criminal charges related to alleged financial crimes, and has been caught lying hundreds of times. Of course, Molinaro and other Republicans also support former President Donald Trump, who faces 91 criminal charges and has been caught lying thousands of times. Molinaro campaign advisor Dave Catalfamo said, “It’s political malpractice that the Washington Democrats are spending money to remind voters of Molinaro bashing Santos while the Biden-Hochul migrant crisis is overwhelming the state.” Read more about this story in The Hill.

Jeanette Wolfberg reports for The Upstater that construction on the redevelopment of Bliss Towers in Hudson won't begin until next fall. The Hudson Housing Authority runs the income-restricted Bliss Towers and Columbia apartments, with 135 apartments, but only 106 of them currently rentable. Mountco Construction and Development Corporation Executive Vice President John Madeo said of his firm's planned work on the project, “We want to make sure that when we finish, we’ll have improved people’s quality of life." Hudson Housing Authority Executive Director Jeffrey Dodson said he hopes the new facilities can double the number of apartments to 270. There is also a proposal to close State Street between where two new apartment buildings will go. Read more about this story in The Upstater.

Today's daily news audio update.

Click above to download or play the "Better Weather." Produced by Joe Demanso of the Catskill Makers Syndicate.

Andrea Macko reports for Porcupine Soup that Hunter Town Supervisor Sean Mahoney addressed the Greene County Legislature's Health Services Committee meeting Sept. 6 on behalf of the six other mountaintop supervisors and two mayors, requesting that county officials consider a countywide ambulance system. Mahoney said, “This could put all EMS coverage under one umbrella, reducing the costs to municipalities and increasing the effectiveness of our [advanced life support] and [basic life support providers].” A task force for the legislature considered the idea in 2014, but there was not enough support. Now Mahoney wants a new task force. Greene County Emergency Services says EMS agencies were dispatched in 8,672 times in 2022, up from 8,284 in 2021 and 7,323 in 2020. Legislators Matthew Luvera of Catskill and Harry Lennon from Cairo both said they supported the idea of an independent committee to look at the issue. Mahoney said, “We need to take a look at the whole picture and figure out if this is the right way and if not let’s figure out the right way.” Read more about this story in Porcupine Soup.

Phillip Pantuso reports in the Times Union that on August 6 the Saugerties Town Board tabled a motion to deny “any and all” requests and appeals under New York’s Freedom of Information Law for records about resignations and retirements in the town and village of Saugerties. The state Committee on Open Government says that, if passed, that would violate state laws governing public records. Towns can block Freedom of Information Law requests for “an unwarranted invasion of personal privacy,” but cannot create a blanket exception to rights of access for personnel records, according to Kristin O’Neill, assistant director with the state Committee on Open Government. She said, “In our opinion, a policy to deny any and all FOIL requests and FOIL appeals pertaining to records of resignations and retirements — without conducting a review of each of the relevant records to determine whether disclosure would, in each instance, constitute an unwarranted invasion of privacy — is inconsistent with an agency’s obligations under the law." Less than a month ago Saugerties Police Chief Joseph Sinagra retired. At the time he was suspended while the Ulster County district attorney’s office investigated sexual assault and harassment allegations against an officer and the department’s handling of those allegations. Saugerties Council member Mike Ivino would not say whether the issue was about Sinagra, but did say, "As far as releasing these records, if we set a precedent, it might impact future communications. We’re protecting employees’ confidentiality.” Read more about this story in the Times Union.

Diane Pineiro-Zucker reports in the Daily Freeman that the activist group Scenic Hudson held a press conference with Rep. Marc Molinaro, a Republican, and Rep. Pat Ryan, a Democrat, Sept. 7 at Stone Ridge Orchard in Ulster County, in support of the Farm Bill. That Congressional legislation is reintroduced and adopted every five years, including this one. Julie Tighe, president of the New York League of Conservation Voters said, “This is an opportunity we get every five years to make sure we’re supporting healthy food for all people, we’re uplifting rural communities and economies and securing good water quality … and addressing those challenges posed by climate change." Molinaro, who represents the 19th Congressional District, said, “We are in the midst of one of the most important American policies in our lifetime. … We’re facing, farmers know this first-hand, some significant challenges.” Ryan, who represents the 18th Congressional District, explained how difficult it will be to get the Farm Bill passed. “It’s going to require, on a personal level, folks like Marc and I coming together and saying, ‘How do we get this over the line.’ It’s a five-seat margin in a divided government. It’s going to take those personal connections to bring the seriousness we need to get this over the line.” Much of the Farm Bill is about helping poor people get enough nutrition. Molinaro complained that some states are “really good at processing payments and less good at empowering independence.” Ryan, on the other hand, said, the Farm Bill “is the bill in which we decide who goes hungry in the country and who doesn’t. And that is a point of significant debate” between Democrats and Republicans. Read more about this story in the Daily Freeman.

Today's audio daily news update.