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GLENVILLE
Board aims to stall sex offender legislation
Town wants county to re-examine measures
BY MARK ROBARGE Gazette Reporter

   The Town Board will ask the Schenectady County Legislature to delay implementation of a pair of laws restricting where sex offenders can live in the county.
   At its Tuesday night agenda meeting, the board offered unanimous support for a resolution asking the county to reconsider the laws, which would bar any registered sex offender from living within 2,000 feet of any facility associated with children and allow the county to remove anyone who had not moved out of the excluded areas by Oct. 1. The resolution will be voted on at the board’s regular meeting on Aug. 15.
   Glenville Supervisor Frank Quinn and the county’s four other town supervisors met Friday with county officials to discuss their concerns that the legislation would force sex offenders to move into the rural areas of their town but were rebuffed in their attempt to have legislators at least gather more information before implementing the measures.
   Quinn said the town supervisors had asked the county to provide data to support the assertions of county leaders that sex offenders were moving in from surrounding communities in Saratoga, Albany and Rensselaer counties, which restrict where sex offenders can live, and that they would not relocate into rural areas.
   No such information was supplied to them at Friday’s meeting, Quinn said. “No progress was made,” he said.
   Susan Savage, chairwoman of the county Legislature, who took part in Friday’s meeting, said Monday that she anticipates no changes to the law.
   Quinn said the laws will likely have a widespread impact on the town, ranging from increased risk for children and a need for additional police to a negative effect on property values.
   “It’s probably going to decrease the public safety of the town of Glenville,” he said.
   The board delayed action last month on a resolution calling on the county Legislature to repeal the laws or delay their implementation until more information could be gathered, agreeing instead to state their concerns in a letter.
   “Time has passed, and we know where we’re at,” said board member Robert Bailey.
   Board members agreed to remove the call for the law to be repealed, offering instead what they considered a compromise. They suggested the Legislature consult with law enforcement officials and other experts to gauge both the viability and potential benefit of the laws, something Quinn said was lacking in initial discussions by legislators.
   “Recision sends a strong message on our part, but I think too strong,” said board member Mark Quinn. “We would be putting their backs to the wall.”  

  
  
  

http://blogs.law.harvard.edu/e.....ty-sex-offender-law/

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NYCLU Letter threatens lawsuit over Schenectady County sex offender law
Filed under: law news — David Giacalone @ 6:14 pm

In a four-page letter joined by three area lawyers, the Capital Region Chapter of the New York Civil Liberties Union advises each member of Schenectady County’s Democratic-controlled Legislature that the sex offender residency restrictions [SORR] enacted by the County on June 12, 2007 are unconstitutional and will be challenged in a lawsuit, if not immediately rescinded or drastically revised. (see Agenda, at pp 68 - 74, for text of the law) The Letter declares: “it should be clear to all that this legislation was passed in haste, without careful attention either to New York state law or to constitutional protections.”

Dated and mailed Aug. 7, 2007, the Letter is signed by Melanie Trimble, Executive Director of the Capital Region Chapter, and by Albany lawyers Terry Kindlon and Kathy Manley, of Kindlon Shanks & Associates, and myself, David Giacalone, of Schenectady. Kindlon is a well-known criminal defense lawyer and Manley is experienced in appellate and civil liberty litigation.

In his recent unsuccessful special election campaign for State Assembly, County Legislator Edward Kosiur, primary sponsor of the County’s sex offender residency law, proudly boasted that it is the “toughest sex predator law in New York State” (see our July 30 posting “stop Kosiur“). In a detailed discussion at the time it was passed, we described the most outrageous features of the new law:

It 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. In addition, should such facilities at any time in the future by located within 2000 feet of a sex offender’s residence, he or she has 90 days to relocate outside of the forbidden zone. The restrictions effectively ban sex offenders from living in the city of Schenectady and its close-in suburbs, and are therefor likely to cause relocation and future location of sex offender residences in more rural parts of Schenectady County and into Montgomery County.

The NYCLU Press Release (Aug. 7, 2007) describes the Letter [link to be added], which:

details the deficiencies in the county’s sex-offender laws, threatening legal action if the laws are not repealed or drastically revised to conform with state standards.
lays out the overwhelming legal case against the laws and marshals the large body of social science evidence which shows how such laws are more likely to cause problems than to solve them.
notes that, in the recent 105th Assembly District special election, voters “have sent a strong message that these laws, in their current form, are invidious.” And “The Schenectady County Legislature should listen to the voices of its constituents.” [see the update to “stop Kosiur“]
states that “New York state law already puts severe but carefully-thought-out restrictions on those who have been convicted of sexual offenses,” and explains how the Schenectady laws violate state pre-emption principles that prohibit local governments from exercising authority in a manner inconsistent with state law and policy; and
shows how the residency restrictions — which amount to banishment and require the eviction of law-abiding citizens — also run afoul of the prohibition on ex-post facto laws by increasing punishment for a crime after it has been committed. Noting that no case has been found upholding an SORR imposed without “grandfathering” current residents to allow them to stay, the Letter stresses: “It is shocking to think that the County Legislature would force people who already have paid for any crime they may have committed to uproot or abandon their families, to break leases with landlords, and to forsake communities where they may have lived in peace for decades.”
The Letter also points out that the laws place an undue burden on surrounding communities to which sex offenders might be forced to migrate. Recent studies indicate that such laws may actually correlate with increased recidivism and cause former offenders to stop registering with law-enforcement authorities and to abandon the community support services that may actually inhibit them from re-offending. “There is no evidence,” Trimble observes, “that invoking residency restrictions around schools has any effect at all on rates of sexual offense.”

The Letter concludes with a plea and a warning:

“We strongly urge the Schenectady County Legislature to reconsider its actions and rescind these onerous, unjust and unconstitutional laws. If you should persist in enforcing these laws, we would be left with no other option but to pursue litigation with all the attendant legal costs to the county which that implies. “

p.s. I have no idea whether our Letter will help Susan Savage, Chair of the County Legislature (who hand-picked Ed Kosiur to run for the 105th District Assembly seat and foolishly rushed through the SORR to aid his campaign and advance her personal crusade against “sexual predators”), and County Attorney Chris Gardner (who apparently believes the law is unconstitutional as written) to come to their senses. They should know that a lawsuit challenging this unwise and unconstitutional law is a certainty, should they fail to void or totally revamp the SORR in the next week or so. Wasting tax dollars on an expensive defense of a fatally deficient law is intolerable, as is leaving the families of sex offenders in an anxious limbo with the October 1 relocation date a mere 7 weeks away. As a lawyer, I am aghast at their embracing a law that has no redeeming value. As a registered Democrat, I can assure Ms. Savage and other Party leaders that their actions have made myself and many fellow Democrats in this County angry and ashamed — and in no mood to permit our Party to be destroyed by arrogant and foolish leaders, either now or in future elections.

So, there it is.  The NYCLU has communicated their intent to file suit against Schenectady County if Local Laws 03-2007 and 04-2007 (Kosiur's Law) are not rescinded or revised in the coming weeks.  The legal defense of these statutes that have already been ruled unconstitutional in court cases tried across the county will result in higher taxes to be paid by the residents of the county.

The towns of Schenectady County, the residents of the county, and now the NYCLU have all expressed their outrage with the politically motivated actions of the Democrat-controlled Legislature and have promised challenges aimed at the recission or revision of the laws.  Ms. Savage and Ms. Dagostino continue to assert that
the laws will not be changed.  They have exhibited a stubborn unwillingness to work with the Town Supervisors who have proposed changes to the legislation to render it more effective.  Meanwhile, no word from the sponsor of the legislation, Mr. Kosiur.  

We, the residents and taxpayers of Schenectady County must send a loud and clear message to the Legislators, both Democrat and Republican alike, who supported the passage of these laws without consideration to the enforceability, constitutionality, and cost to the already overtaxed residents.    That message should include your vote against those who are running for reelection to the county legislature and who supported this ill-conceived legislation.

My vote is secured.  The only question to my vote right now would be the people, such as Joe "Oops, did I do that" Suhrada, who may have finally figured out that he made a big mistake.  The only way for him to help himself on this issue is for him to continue to speak out about the error that he made voting for this and to actually lead the way to have this law rescinded.  Although, I really think that we do need to carefully watch EVERYTHING that EVERYBODY does up until their next election.

The cards are clearly stacked against the county legislature AND the dems. The county leaders, voters and now the NYCLU have spoken. If Suzie Savage, Judy turn coat Dagosting and the rest of the disfunctional bunch don't heed this warning, then they are truly arrogant and self serving for which their a** should be voted out!!!! Actually, we should ask for a dismissal of their seat!

Although Joe Suhrada voted for this law, I commend him for admitting that it was an error. At least he was humble enough to stand up to the plate, admitt his error in judgment and is fortunate to be able to repeal his last vote. Now that is what I call a politician clearly doing what the residents want. Thank you Joe for that!

Let us not pass judgement on and forgive Mr. Suhrada too quickly.  His future actions must make up for his past deeds.  Talk is cheap, particularly when it is delivered under pressure/protest.  Mr. Suhrada has recently stated that he will propose that Kosiur's Law be rescinded and/or revised at the next County Leg meeting.  I will withhold my opinion until after the August 14th meeting. It doesn't take courage and conviction to vote with the majority.

I agree, Z2IM, and that's why I say as long as he heads the stance against it and does not waver in any way.  And this won't be the only piece of legislation we need to watch, we need to watch EVERYTHING, although this will be a MAJOR portion of what we need to watch.

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Let us not pass judgement on and forgive Mr. Suhrada too quickly.  His future actions must make up for his past deeds.  Talk is cheap, particularly when it is delivered under pressure/protest.  Mr. Suhrada has recently stated that he will propose that Kosiur's Law be rescinded and/or revised at the next County Leg meeting.  I will withhold my opinion until after the August 14th meeting. It doesn't take courage and conviction to vote with the majority.

That's a fact!!!!!!!!!!!!!!!!!

Listen people, this whole Kosiur sex offender thing is just the tip of the iceberg. The county legislatures are and have been doing a pathetic job of representing us. Even if they rescind this law, they are clearly in need of being replaced! Our country legislatures make decisions for our town without consulting our town board first. Excellent example is the Little league park that was discussed, secretly among themselves, then dumped on the town and the taxpayers.

And also rememember that Randy Pasquarella, the head of the concervative party was just as involved in this decision making. Randy is also heavily involved in the Rotterdam Little League.

Again that is just one example. The county legislatures are more than willing to take our tax dollar, but will discuss NOTHING or for that matter, will give us NOTHING unless it is soley their idea. So be aware in the upcoming months when the county seats will be up for grabs!

This is not just a sex offender thing! The state should be dealing with this issue.

Bumble, I agree they all need to be voted out of office as soon as their term is up.

Under the weight of a grassroots opposition movement, the NY Civil Liberties Union's notice of intent to file suit against Schenectady County, and the united opposition by the Town Supervisors and Town Boards to Kosiur's Law, the polished facade of the Schenectady County Legislature is beginning to show some stress cracks.  Word has it that there is dissention amongst the Legislators on how to proceed with several of them posed to express their interest in rescinding and/or revising the law.  Meanwhile, Frank Quinn, the Town of Glenville Supervisor stated today that he and the other Town Supervisors will solicit the assistance of subject matter experts to devise legislation that will address the issues and concerns regarding sex offenders living amongst us in our communities.

For those who may read this posting this evening, tune to Channel 23 (FOX) at 10 pm and Channel 6 (WRGB) at 11 pm tonight for coverage of an interview with Duanesburg Town Supervisor Rene Merrihew.  I have also been informed that Carl Strocks column published in tomorrows Daily Gazette will be of relevance.

Excellent coverage on Fox23. And of course they brought up how Ed Kosiur ran his campaign on this law, and the representative from the NYCLU said that there are people who will use this in their campaign, but in this case it backfired!!

Hey, all Ed Kosiur and Suzie Savage had to do was listen to 'us'...'the people'....'the voters'....'the taxpayers'...and obviously the ones with the insight and common sense.


Here is the link to view the entire letter to the legislature from the NYCLU.

http://www.fox23news.com/news/local/story.aspx?content_id=2539805a-e6a0-4ae5-be16-b7ab7a630e2e

"Flip Flop" Farley has more positions than a sports team.  This is the politician who voted for the passage of Kosiur's Law, then went on record saying that he had concerns about the legislation, and then in tonights Fox 23 interview defended the law and disparaged the New York Civil Liberties Union.  Not a good tactic, taking shots at the powerful organization that has just served you notice of an impending lawsuit.  As a long time supporter of Senator Hugh Farley, it troubles me that his son can be so undisciplined.

I am a 'flip flop' Farley(I like that ) supporter as well, and yet was surprised by his lack of backbone. Although I have seen him flip flop on occassions before. However, they all seem to be hedging on this issue.

  Listen, I'd be flip floppin' too if I just saw a fellow politician just get the crap beat out of him in such an important election as the state assembly. It is rather obvious that we have a bunch of legislatures who clearly have no knowlege of politics or clearly, the law. They have displayed nothing but arrogance and lack of knowledge. Putting it plan and simple here....they are down right stupid. REALLY!! They clearly lack the ability to govern the people they represent. Suzie and Eddie were so hell bent on using this sex offender law as the base of his campaign and their heads so clearly up their butts that they didn't see the wall they were headed for.

And if I were one of the town's supervisors, I would take it very personally that these county legislatures never even gave them the courtesy of a phone call or memo to discuss this sex offender law first.

So, my friends, our so called county representatives know that their political careers are hanging in the balance. Let's not forget in the voting booth!!

The Legislators may gain the confidence and support of their constituents if they commit to work, in the spirit of inter-governmental cooperation, with the Town Supervisors and Town Boards to enact legislation that is effective, enforceable, legal, and that considers the needs and interests of all of the residents of Schenectady County.  The proposals must have bipartisan sponsorship and support.  If the County Legislators, led by Ms. Savage and Ms. Dagostino, continue to stonewall and refuse to accept the will of the public that they were elected to serve, they will be ensuring themselves of resounding defeat in their re-election bids.