Politics
59th District Senate race, issues only please. Part I
By Lee Chowaniec
Oct 17, 2008, 17:16

Republican incumbent Senator Dale Volker and Democratic challenger Kathy Konst appeared on Kevin Hardwick’s “Hardline” radio show last week. Both were put through a battery of questions regarding their stance on myriad issues.

Although the program was repeated on WIVB’s web site, it was lengthy and the following was written to synopsize the contents for those that missed it. I thought it important enough to spend time to do so that we have a clear understanding on where the candidates stand on issues.

Dale Volker Record

When asked by Hardwick about his senate record, Volker responded he voted to cap property taxes, passed a constitutional spending cap to get spending under control, helped passed the STAR program and the state takeover of Medicaid is saving the county, this year and next year, $46 million.

In addition to all that, Volker stated that they voted to stop all unfunded mandates and just this August we did a projected state budget deficit and cut of over $1 billion dollars.

When questioned as to why there are still unfunded mandates, Volker responded that they (Senate) can’t get the New York City people, “which is the Democrats”, to go along with it. “That is the problem if the Democrats should lose the Senate,” declared Volker.

Konst on Volker’s record

Challenger Kathy Konst, 5th District Erie County Legislator and president of the Chamber of Commerce, declared she has fought to get relief from the unfunded mandates, cap property taxes and all the constitutional things mentioned by Volker. “I worked on this myself from the citizen’s standpoint.”

“In county government, we understand the impact of the mandates that are created in Albany and pushed onto the county and local governments. We are drowning under them.” As a good example of Albany’s ineptness, Konst spoke on their adding amendments to the Wick’s Law which makes it even more onerous than before.

When asked how she thought she could have an impact on the unfunded mandates, Konst replied that it would be advantageous to create a much stronger upstate coalition to understand what these mandates are doing to local governments.

Volker interjected that he had been the leader of upstate coalitions for years and that the Western New York delegation has fought for many years and the opponent has been the Democrats. “I sponsored reform of the Wicks Law for years, this is nothing new. The law will be changed if the Republicans win in November. It needs to be done.”

Fiscal crisis in Albany

Hardwick said “things are bad in Albany” and asked Volker whether it was time to restrain spending in Albany. “We talk about capping the increase to counties on Medicaid and shifting the cost to the state, but we’re still paying for that. Don’t we have to go back into some of these entitlement programs and stop making them so rich?”

Volker replied with, “We are talking about that now.” He stated that Albany did not know how bad the budget crisis would be until “this thing rattles out with the federal government”.

Asked whether mid-year school aid corrections, as well as county, town and village aide programs, are being considered, as happened in 1990, Volker responded that “everything is on the table except the money given to school districts.” “That (1990 mid-year correction) created havoc and actually cost us more money.” He added that they would do everything they can to protect schools, hospitals and nursing homes.

“And the one thing that is not on the table, as far as the Senate Republicans are concerned, no new taxes,” Volker continued. “The worst thing you can do in a recession is to raise taxes. The Senate Republicans are not going to raise taxes.”

Konst replied that should Albany make cuts, it would be the counties and local governments that would be left holding the bag and forced to raise taxes. Konst agrees that she does not want to see taxes increased in the current economic environment.

“However, you need to lead by example. Taking office after county “Red Budget” cuts was made, Konst spoke on programs and services that were haphazardly cut so that state mandated programs could be funded; even revenue generating departments and programs.”

“To its credit, leading by example, the county legislature right-sized its government. Mr. Volker has more staff than anyone else in the State Senate. He has more pork money to spend and much of it goes to New York City. We don’t need five letters to tell us our Star rebate checks are coming. It’s being paid for by us. We could probably save $200 million across the board by cutting those kinds of perks.”

When asked about the county legislature’s taking same heat from the Republicans on staffing size Konst responded that whatever may have been is no longer true to her knowledge. “I don’t have a stipend, a car payment, get mileage or a have cell phone. We have one person per district office and we do not have mailings.

State entitlement programs

Hardwick asked the candidates their view on the Medicaid program in New York, the Cadillac of Medicaid programs. “The federal government says you have to provide at least a basic medical plan. New York has about everything you could ask for. Is the program too generous and if you were a State Senator would you work to get it on par with other states?”

Konst responded that there are problems with the entire insurance system and that many businesses are dropping insurance coverage for their employees. The state’s Medicaid program is richer than what hard working men and women have when providing for their families. It is something that needs to be recognized.

Volker spoke and denied having the largest staff in the state legislature but would not answer as to its size when asked. He also claimed to have the largest committee in the legislature which necessitates such staffing.

Volker declared that the state legislature reformed Medicaid so that the County of Erie is going to get back $46 million additional dollars this year. “But your party, the New York City Democrats, have refused to do Medicaid reform. I have been pushing very hard for tort reform for years as well.

Hardwick asked Volker whether tort reform would imply a cap on pain and suffering. Volker answered, “Sure, I think the senate approved that some time ago and that the Assembly refused to do it. Volker stated that the same situation was true with medical fraud. “The Democratic Assembly needs to get on board.”

Hardwick asked Volker again whether he thought the New York Medicaid program was too rich; the dental and add on programs.

“They’re too rich, and we know that,” replied Volker. Volker claimed the Republicans have been trying to pass legislative reforms but have been rebuffed by Assembly Democrats and the Democratic Senate minority members.

Given the last word by Hardwick before station break, Konst declared she has never mentioned Democrat and Republican. “When constituents call me with any problem, I don’t say Democrat or Republican. I am a proven independent and a proven reformer, bipartisan in all things.”

Constitutional convention

Hardwick asked for their thoughts on having a State Constitutional Convention, something that could occur if a majority of the senate and a majority in the assembly would approve it; delegates could be chosen and amendments to the constitution could be made; perhaps, a new constitution?”

Konst replied that she thought it was an excellent idea. “It’s been long overdue; decades. There are so many things that could be addressed; term limits, redistricting to make elections fair by eliminating gerrymandering, the way pork money is distributed and a number of other things.”

Volker declared he favored a constitutional convention, but that they turned out to be disasters because of upstate, downstate objectives. Commenting on gerrymandering, Volker stated that one of the reasons his district is as it is, is because of federal rules. “The federal rule says that if you can build a minority district, you have to do it. You have to build around that. That’s why Thompson’s district is like it is.”

“If it’s done right, floor measures can be instituted so the integrity of the legislative process can be kept in check for the public,” Volker continued. “As to term limits, you have to be careful there. Every two years, voters make a choice on whether to continue my term limits or not.” Volker decried setting up artificial term limits that could impact someone serving the community well and having to leave office.

Konst responded that she supports 12 year term limits, 4year terms when you are re-elected. “When elections take place every two years, legislators are beholden to special interest groups and the lobbyists who support their candidacy.”

Konst added that term limits, artificial as they may seem, are needed because incumbents win almost 95 percent of the time because gerrymandering protects those incumbents.

Volker interjected with, “The voters should decide. They are smarter than the politicians.

Taylor Law

Hardwick makes the point that everyone seems to rail against the Taylor Law. He asks the candidates their opinion on whether and how the law should be changed.
Answering first, Konst stated she believed it does, especially now that governments are being hamstrung by certain contracts already in place, contracts that have not been negotiated with several of our unions for years. “Let’s face it, we have a budget deficit in the county the same as the state, and some is the result of the state deficit,” said Konst.

“We have to go back in good faith and renegotiate and arbitrate for binding agreements that are a little bit different or we have a problem.”

“Does the Taylor Law prevent you from doing that,” Hardwick asked Konst?

“Well, I think it does. In not being able to strike it’s being protective of us in that people just can’t walk off the job. However, people in those positions are needed to have an expectation to be able to negotiate. The way the laws are written right now, if you are not creating a new contract you are going to stay where the last contract was approved. At these hard financial times it’s put everyone into a bind.”

Hardwick asked Volker his thoughts on the Taylor Law.

“Let me explain to my friend Kathy that the Triboro decision she is referring to, that the only way you can repeal the entire Taylor Law, because the federal court actually enacted that decision, which most people don’t realize, we just can’t pass a law to get rid of Triboro.

Volker asked Konst if she were willing to repeal the entire Taylor Law and willing to allow the right to strike; for fireman, police, teachers and everyone else. I don’t think that’s a good idea! “Now we can provide incentives, and the legislature probably should do that, to provide reasons to get together and deal in a better way with issues that involve the county and so forth. But you better be darn careful about repealing the Taylor Law. It could end in chaos.”

“It doesn’t have to be repealed, but it can be amended,” said Konst.

“So Senator Volker, I take it you oppose repealing the Taylor Law and starting from scratch,” Hardwick declared? “What do you favor?”

Volker answered that changes could be made to the Taylor Law and that incentives should be given to get together. “But you better be careful. The problem we had is, with the Triboro decision there was an issue but the court said, “Hey, you just can’t change contracts if you keep the Taylor Law. Unless we have a crucial amendment to get rid of the Triboro decision, which we could do, then I’m fine for that. So, we better be careful.”

“So to be clear, you’re not for getting rid of the Taylor Law, but for tweaking it,” Hardwick asked Volker?

“Absolutely,” responded Volker.


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