INSIDE STORY OF LOPSIDED COUNCIL ELECTION How disappointing for voters in the 38th Council District that November 5's special election, which was supposed to free them from the disingenuousness and political deal-making of corrupt Councilman Angel Rodriguez, was tainted by a ballot controversy. The revelation that the lopsidedness of Sara Gonzalez's victory was made possible by an advantageous, arguably unfair positioning of her name on the ballot stunned the two losing candidates. On top of that, there was speculation in the wake of a Crain's Insider report that Gonzalez won the support of Brooklyn's council delegation chairman, Lew Fidler, by promising to back him for council speaker in 2005.

Fidler said though he was thrilled with Crain's' conclusion that he better positioned himself for the speakership by backing Gonzalez, he insists there was no "quid pro quo" for her vote in 2005. Fidler told us he agreed to support Gonzalez upon being satisfied that she would "be part of this Brooklyn thing we're trying to put together." He later said he was not referring to a bid to be speaker, but simply to his agenda to unite Brooklyn's council delegation to advance the borough's interests. The race for speaker was not explicity discussed with Gonzalez, Fidler said. "The fact that Crain's looked at this the way they did, the way many people did, doesn't mean that this was an open agenda," said Fidler.

But clearly his support for Gonzalez had something to do with the alliance of another candidate, Eddie Rodriguez, with Councilman Bill deBlasio, Fidler's potential rival for the speakership. However, most of the talk after the election was about Gonzalez's ballot position, which was a clever calculation and not improper, though her pretension that it was a surprise, and not a tactic she knew about, might raise a few eyebrows. Here's what happened: Even though the election was non-partisan, meaning the candidates could not identify themselves as Democrats on the ballot, Gonzalez's name was listed under the Democratic line. In a heavily Democratic district like the 38th, where folks tend to vote straight down the Democrats' column, that's a huge advantage.

Rodriguez's campaign manager, David Gringer of Brooklyn Heights, compares it to how a hit TV show like "Friends" virtually guarantees high ratings for whatever show follows it. Gonzalez's "Friends" were Rep. Nydia Velazquez and Assemblyman Felix Ortiz, who received 95 and 80 percent of the vote, respectively, just above Gonzalez's name. Ironically, both had endorsed Rodriguez. Despite Brooklyn Democratic machine operative Jeff Feldman's absurd claim to the contrary, the ballot position was no coincidence. Gonzalez's campaign consultant Lois Marbach knew that unlike in primaries, where candidates' names are rotated on the ballot from one election district to the next, in special elections they are not. Instead, the candidate who first files petitions to run for the seat appears first on the ballot, the second filer appears second, and so on.

Since this non-partisan special election coincided with a partisan general election, which is highly unusual, it provided a chance to gain the appearance of an affiliation with the major parties. Gonzalez's competitors didn't realize that, but Marbach, who owns Promotional Strategies in Bayside, did. She made sure one candidate (George Martinez) filed petitions at the Board of Elections before Gonzalez did. As a result, Martinez appeared under the Republican Party's Column A, Gonzalez under the Democrats' Column B, and Rodriguez under the Independence Party's Column C, Gringer said. "Wasn't that a great strategic decision, to file your petitions second?" said Fidler, practically giggling. "Lois Marbach made that decision. That was brilliant." Marbach told us she inspected the voting machines in advance at a warehouse, just to be sure her plan had worked.

Gonzalez conveyed ignorance of this when asked about it by a local reporter. She claimed she didn't know her ballot position until Marbach inspected the machines. Asked if he found that believable, Martinez simply said, "No. Not at all." Rodriguez did not return a call. Maybe Gonzalez was indeed kept in the dark by her campaign handlers until the ballots were printed, but the notion of her being detached from her own campaign isn't that comforting. Gringer, of Eddie Rodriguez's campaign, was livid about the ballot snafu. "We worked very hard," he said. "It's unfortunate that the election had to be decided that way." He said the names of the candidates in the special election were not adequately separated from the party lines above them. "There was absolutely no delineation, which is outrageous," he said. Getting back to the Fidler-Gonzalez arrangement, it stands to reason that Gonzalez will support him when he takes on deBlasio to be Brooklyn's candidate for the speakership when Gifford Miller is forced from office by term limits.

Oh yes, Fidler also cited Gonzalez's qualifications as a reason for his support, but you could forgive deBlasio if he considers that lip service. Fidler did not even interview the other two candidates before deciding to support Gonzalez. Rodriguez, who was heavily aided by his former School Board 15 colleague deBlasio, was overwhelmingly endorsed by the district's three reform clubs, The New York Times, and most local elected officials. Meanwhile, Gonzalez was the unofficial choice of the machine (as evidenced by Feldman's help, though county leader Clarence Norman kept his distance) and its top soldier, Assemblyman Vito Lopez, associations some folks consider unsavory.

Fidler and deBlasio spent Election Day at the same polling place on 8th Street in Park Slope, good-naturedly campaigning for their competing candidates. But only one of the councilmen was smiling after Gonzalez emerged with 44 percent of the vote to Rodriguez's 30 and Martinez's 26 percent. "Brooklyn…is getting a raw deal," Gringer said. "Voters are not going to accept what the county organization and what the Board of Elections are trying to do. This is not going to be allowed to continue forever." Yet no viable opposition to the so-called machine has emerged since the death of Assemblyman Tony Genovesi in 1998.

O'HARA USES TRASH TO REOPEN CASE The infamous illegal voter John O'Hara once tried to have his community service obligation dropped, but was denied when his nemesis, Brooklyn District Attorney Joe Hynes, opposed the request. So O'Hara has continued to collect trash once a week along Shore Road, not realizing until recently that litter collection could get his conviction overturned. It was O'Hara's garbage-collection duty that allowed him to file a writ of habeas corpus in federal court, where he will argue that the statute under which he was convicted was declared unconstitutional 15 years ago.

Such a writ can only be filed by someone in the state's confinement, but a court recently ruled that community service also qualifies. The two-time City Council and three-time Assembly candidate feels he was selectively prosecuted by Hynes because he was an annoyance to some politicians. Hynes's spokesman did not respond to our email about O'Hara's latest effort.

CONNOR'S A GONER The end of Marty Connor's Democratic leadership in the state Senate came quickly and with little warning, which is the usual recipe for successful palace coups. This one was pulled off by Manhattan's David Paterson, but he couldn't have done it without the support of six Brooklyn members. We heard that the swing vote, the one that gave Paterson the decisive 13th supporter, was Senator Velmanette Montgomery. Her departure from Connor's stable reportedly came shortly after Senator Carl Andrews bolted to Paterson's pasture.

Also ditching Connor were Senators Carl Kruger, John Sampson, and Ada Smith, and Senators-elect Kevin Parker and Marty Malave-Dilan. Paterson held a press conference on November 13, nearly a week before the official vote, with the 14 colleagues who pledged to support him. He later added a 15th, he claimed. Connor, meanwhile, was frantically trying to reverse three votes before the November 19 vote. He had a host of people making calls on his behalf, most prominently Democratic county leader Clarence Norman. The news brought immediate speculation in political circles that Connor would leave the Senate entirely. "If he loses the leadership, he'll leave his seat as well," one insider speculated. "He certainly doesn't need the money from government." Said another, "I'd be shocked if he even stays until December 31, though he might just to save face." Connor, who earns six figures practicing election law, did not immediately return our call.

If the Brooklyn Heights senator resigned, a special election would be held, probably in February. Former City Councilwoman Kathryn Fried, who lives in the Manhattan portion of Connor's district and is a member of his staff, would likely be among the candidates for the seat. Another possibility is Manhattan Councilwoman Margarita Lopez. "Certainly there'll be a Brooklyn candidate as well," one observer said, throwing out the name Steve Cohn, a Democratic district leader who lost a council race to David Yassky in 2001. Cohn is strong in the Williamsburg section of Connor's district.

Connor's demise provided a reprieve for Kruger, who was about to be kicked out of the Democratic conference as punishment for endorsing Republican Marty Golden over state Senator Vinny Gentile. Gentile, who encouraged Kruger's expulsion, had said, "To turn around and endorse my opponent is outrageous," he said. "Consequences must result." But Gentile's loss to Golden weakened Connor, leaving him vulnerable to a revolt. Connor was also accused of hypocrisy for endorsing Carl McCall for governor while doing election-law work for Independence Party candidate Tom Golisano. Kruger's vote was certainly the easiest for Paterson to secure, but signing up Parker couldn't have been difficult either. Connor had supported Omar Boucher in the Democratic primary over Parker in Flatbush, probably as a favor to Norman, Connor's ally.

Norman, incidentally, figures to be hurt by Connor's overthrow. We heard Norman was frantically lobbying Brooklyn senators right up to the last minute to stick with Connor, but even Andrews, one of Norman's closest friends, jumped ship. Connor's staff of over two dozen people also could be out of their jobs soon. Among them: Jeff Feldman, executive director of the Kings County Democratic organization, who moonlights for Connor. Other Connor staff members in jeopardy include longtime Democratic insiders Allen Roskoff, Howard Graubard, and Arnold Ludwig.

Getting back to Kruger, the Flatlands senator insisted he endorsed Golden because "I believed and I continue to believe Marty Golden was the best person to do the job." But he said there were other reasons as well. Among them were phone calls and a mailing on behalf of Gentile from Senator Liz Krueger of Manhattan, which, despite Gentile's assertions to the contrary, was clearly designed to fool voters into thinking Carl Kruger (whose photo was included, along with other senators) had endorsed Gentile.

Our understanding is the Krueger letter was conceived by Senator Tom Duane of Manhattan. Brooklyn's Kruger added that voters also got carefully worded phone calls saying "Senator Krueger was supporting Vincent Gentile." "That borders on fraud," Kruger said.

Connor, speaking to us before being overthrown, didn't apologize, calling the Liz Krueger endorsement a "classic Carl Kruger campaign tactic." He compared it to Kruger's endorsement photo with Golden, which showed them shaking hands underneath a sign for Rep. Anthony Weiner's district office, "thus giving the impression that Congressman Weiner was supporting Marty Golden," said Connor. "That's a Carl Kruger trick." Weiner had endorsed Gentile and did not authorize the photo.

GENTILE, OTHERS EYE COUNCIL SEAT With his tenure in the state Senate to end on December 31, Vinny Gentile expects to run for the Bay Ridge/Bensonhurst council seat being vacated by the man who defeated him, Marty Golden. A special election is expected to be held in February 2003. One man who hopes Gentile wins is state Senator Seymour Lachman, because that would keep Gentile from running against him in 2004. Lachman's new Brooklyn/Staten Island district includes many neighborhoods that Gentile has represented for the last six years. Plus, Gentile's Bay Ridge home is in Lachman's new district, and he doesn't plan to move. With Gentile running for the council seat, he is the race's "800-pound gorilla," one observer noted, given that Gentile is an elected official who just spent $600,000 promoting himself to voters in western and southern Brooklyn.

He'll also likely have the support of Council Speaker Gifford Miller, who aided Gentile's Senate reelection effort with 10 bodies and campaigned personally for him on election day. But he wouldn't be a shoo-in if several other Democrats ran and split the Democratic vote, allowing a Republican to win. Bob Capano, who represents Borough President Marty Markowitz at Community Board 10 meetings, hopes to be the lone Republican candidate. But Republican Eileen Long, daughter of Conservative Party chief Mike Long, considered a run as well. She could have nabbed the important endorsement of Golden, who is assumed to owe Mike Long a few favors, but word was she decided to remain in her high-paying job for Governor George Pataki.

The special election would be non-partisan, but candidates have ways of making their party affiliation known to voters. Capano likes to say he's a Republican who's worked for two Democratic borough presidents. Capano, who previously worked for Howard Golden, began fundraising back in July and registered with the Campaign Finance Board. He's even hired a campaign manager, Anthony Andriulli, who's run campaigns for former Rep. Susan Molinari and Rep. Vito Fossella. Other possible Republican candidates are Charles Capetanakis, the former School Board 20 president who ran for state Senate in 2000, and Rosemarie O'Keefe, former head of Rudy Giuliani's Community Assistance Unit.

Two Democrats almost certain to run are Community Board 10 Chairman Steve Harrison and CB 10 member Joanne Seminara, a Democratic district leader who lost the last two council elections to Golden. Another possible candidate is School Board 20 member Carlo Scissura, a former Gentile aide who lost the Democratic primary to Seminara last year. Seminara told us Gentile's candidacy wouldn't stop her from running. "I've no plans to defer to anyone," she said. "My name recognition is very high. I won the district leadership (in September)… I've spent years ringing doorbells… No matter where I go in the district, people know me."

Seminara would benefit from being the only woman in the race, but Phyllis O'Neil, the wife of Seminara's co-leader, Ralph Perfetto, has other ideas. In fact, O'Neil just re-registered as Phyllis O'Neil-Perfetto, which should help her get votes from supporters of her husband, who's long been active in local politics. Perfetto and Seminara have a running feud, so some folks might see O'Neil-Perfetto as a spoiler candidate. "She feels, why should Joanne Seminara be the only woman in the race?" Perfetto said. Though his wife just lost the district leader race to Seminara, Perfetto said she thinks she could win with a different field of candidates.

Borough Politics Archive

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