Politics
59th District Senate race, issues only please. Part II
By Lee Chowaniec
Oct 18, 2008, 17:25

As stated in Part I, 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. I thought it important enough to spend time to put the program in pint so that we have a clear understanding on where the candidates stand on issues.

Great job Dr. Hardwick, as usual!

State Retirement

Hardwick next addressed the pension system by pointing to a series of Buffalo News articles that focused on public employees receiving pensions which many in the public consider outrageous. “Is there some reform needed there?”

Given the opportunity to speak first, Senator Volker responded, “That is a problem.” He stated that under the constitution, “We can’t go backwards.” He added that changes could be made in the future. “There is a lot of talk going around about a new pension system, a new tier (Tier 5).

Senator Volker declared that in his conversations with State Comptroller Tom DiNapoli they felt something may have to be done with pensions considering the situation. “He (DiNapoli) assured me the pension system is now solvent.”

“Back in 2001, we had a terrible problem, but we put protection systems into the pension system to make sure that doesn’t happen again.”

“So then, for new employees you would consider a new tier,” asked Hardwick.

“Absolutely,” replied Senator Volker. “We are already looking at that.”

Asked on her opinion, Konst replied that she agreed that something had to be done to bring the system under control. The system is now out of control and the “golden parachutes” have to be stopped.

Death Penalty

Hardwick declared that there are some “hot topic” issues that are important to some voters that will impact their voting choice. “What are your positions on the death penalty?”

“Let me begin with you Senator Volker because I know that is your issue and that you were the prime sponsor of the death penalty bill which became a law and was enforced for awhile until the Court of Appeals struck it down. I assume you have not changed your position?”

Senator Volker: I have passed legislation this year for restoring the death penalty, especially for cop killers and terrorists. I think it’s idiotic that the courts struck out a small piece of the death penalty statute. Personally, I favor the death penalty for a whole series of areas but particularly for cop killers and terrorists.

Konst responded to Hardwick’s question by stating that when she appeared on his program previously she was asked the same question and replied that she was in favor of the death penalty.

“Since then, I have spoken to a lot of organizations and constituents and considering the errors that were made in the Capozzi and the Lynn DeJac cases, I have changed my position. People were exonerated from life in prison sentences, who otherwise would have been under threat of the death penalty had new evidence not been made available recently. You can’t take back the death penalty once someone’s life has been taken away.”

“So then you are now against the death penalty,” Hardwick asked.

“Yes I am,” responded Konst.”

Hardwick then asked Senator Volker his thoughts on types like the Capozzi and DeJac cases where alleged guilty parties, convicted years earlier, were later exonerated by DNA evidence.

Senator Volker responded that neither case were death penalty cases. “Let me make that clear. The Capozzi case was very sad and I got involved in that indirectly. As far as I can determine, no one has ever been executed in this state and found to be innocent. You can say all you want about that happening, but let me tell you, that thousands of people who are guilty have been found innocent in our system. We have the most defenses in our system than any in the world. We have the checks and balances in the system and we need to have the death penalty.

Abortion

“Roe vs. Wade is still the law of the land,” declared Hardwick, “and it’s not like New York can ban abortions, but Medicaid funds abortions and we don’t need parental consent or have parental notification laws.” Do you think Medicaid funds should be used to fund abortions in New York State?

Konst answering first said that while she is not personally in favor of abortion, “She understands there are problems in people’s lives where incest, rape, and the life of the mother is in jeopardy. I cannot say that I should judge what the person does, and the fact that they are poor shouldn’t make it any different.”

“So then you are not personally in favor of abortion, but would favor using Medicaid funds for abortion,” asked Hardwick.

“If you are going to favor abortion funds for just the poor, who I agree are the needier, but eliminate others. I have a problem with that, replied Konst.

Senator Volker answered that he wanted it made very clear that he is pro life. “I have voted against Medicaid funding for abortion on the floor of the Senate on numerous occasions. I have voted for parental consent and I will continue to do so.”

Hardwick asked Konst her position on parental consent. Konst responded that she was against parental consent.

Gun Control

Senator Volker: My committee, which by the way is the largest, has 760 bills in it. “Some people call it the “cemetery committee”, the reason being that I kill some of the worse bills, in my opinion, in the legislature.

“I support the right of individuals to carry guns. I have refused to support the New York City position that we should ban all guns. And by the way Kathy, when you talk about your party, and I’m talking about the New York City Democratic Party…”

Konst interjected with, “I don’t talk about my Party, you do.”

“No, your Party is supporting you and your Party wants to take over the Senate,” Volker declared. “I’m not talking about the local Democratic Party; I’m talking about the Party that wants to take over the Senate and knock me out and get rid of me.”

When asked by Hardwick whether he feels anything should be changed in gun control legislation, Volker replied ‘nothing that I can see.”

Given but a minute to respond, Konst replied that she is a supporter of the second amendment and is a member of the NRA. “We probably take the same position on this issue.”

Gay Marriage

Senator Volker claimed that according to the yearly polls he conducts, and his constituents tell him that he is one of the first persons in New York to do that, the majority of people in my district are opposed to gay marriage, as he is. Senator Volker states that he knows there are all sorts of potential problems with that and he could get some money against him for his stance. “But that’s the way it is, I’m opposed to gay marriage.”

“What about civil unions or other rights for gay couples,” asked Hardwick.

“I’m against that also,” said Volker. “I don’t think that works.”

Konst answered that in her personal opinion she would probably say the same. “But I have to say that it’s not government’s position to make decisions on peoples personal choices. If you’re going to allow for gay marriage, you might have to extend the program to other types of unions; sisters live together, brothers living together, etc. If the one sibling is the breadwinner and dies, the other is not entitled to anything. It has to do with entitlements and simply put, at this time we cannot afford it.”

“Simply put Kathy, do you favor gay marriage,’ asked Hardwick.

“Not in terms of government (involvement) right now,” answered Konst.

Casinos

Hardwick’s next question concerned changing the New York State Constitution to allow legalizing casinos outside of what is now being done – compacts with Seneca Indians.

Konst replied that she did not favor making a change.

“I’m and ex police officer, let me remind you of that,” declared Volker. “I oppose a constitutional amendment for legalizing casinos.

Property Tax Cap

“The Suozzi commission is talking about capping property taxes,” voiced Hardwick. “Your thoughts on that?”
Senator Volker: I voted for the Suozzi commission. The only problem with that is if you’re going to make consolidations and changes that save money or make sense, fine. But if you do something because you think things are going to get better… by the way, I supported a property tax cap and it cost me for political reasons. We need to make changes in government because we need to save money wherever we can in property taxes.

Konst: I am in favor of a property tax cap because homeowners need relief. Mr. Volker keeps talking about political this and political that, it is a shame that everything has become so political instead of issue oriented. I hope we will have a few minutes at wrap up time to make personal comments.

Education

“It is one of the highest ticketed items in the state budget,” declared Hardwick. “Do we spend too much on education? Do we spend too little? Should there be changes?”

Konst: Do we ever spend enough on education, I don’t know. What we need to do is be more accountable in how our education money is being spent. I don’t think we should make cuts in education. It is a driving economic indicator in our state and if we graduate well rounded students they have more opportunity to do better and also remain in our community.

Volker: I believe very firmly that we have to stop unfunded mandates, not only for school districts but for local governments. We passed last year a ban on unfunded mandates on localities and school districts which would cost a considerable amount of money. If we are going to help education, we have to make sure the money gets to the classrooms. There is too much red tape with the federal programs.

Konst: Kevin (Hardwick), I agree with that. I used to be a school teacher and you see where the money is misallocated. It is a matter of accountability and allocations!

Drug Laws

Hardwick made the point that many New York prison inmates were incarcerated for drug violations; violations that would not be viewed so strictly in other states. The cost to house such inmates is significant and New York right now doesn’t have a lot of money. Some are saying we should change our drug laws. You’re thoughts on liberalizing the drug laws?

Volker: No! The commission I was on made an extensive study on the Rockefeller Drug Laws. We made dramatic changes in the law. We’ve continued to work on various areas, including “shock incarceration”, which has become a model for the rest of the country. We are the only state that has declining violent crimes and declining inmate populations.

Volker explained that “shock incarceration” deals mostly with young drug people with what is termed mild violence. He claimed he worked with the Governor and his New York City colleagues that resulted in individuals incarcerated for minor drug related issues released because of sentences that did not fit the seriousness of the crime.

“So it’s like boot camp where sentences will be reduced if they go through a heavily disciplined program,” asked Hardwick.

“Absolutely,” replied Volker. There has been little publicity on it, but the one in Lakeview has been extremely successful in that the rate of recidivism has been down dramatically.”

Konst: I don’t see where our jails have been reduced with numbers of prisoners. In Erie County we have a problem with keeping up with the number of prisoners and to keep enough correctional officers in the jails. In fact, the state made many communities build new jails.

As to the drug law, Konst favors an alternative program for low-level drug offenders instead of prison incarceration and said that on the county level a research project with the University of Buffalo is underway that would determine regionally how to move said low-level drug prisoners out of jails and into an alternative managed program. “We need to look at more options.”

Next: Part III: Final comments





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