Heavily Conflicted Administrative Judge Nicolai Up to Old Tricks

Judge orders White Plains PAC tied to mayor to open its books
The Journal News by Keith Eddings - December 21, 2008

WHITE PLAINS - A state judge has ordered a political action committee tied to White Plains Mayor Joseph Delfino to open its books to five Democratic city leaders who allege it is a shadow fundraising organization for the Republican mayor and illegally underwrote his re-election campaign three years ago. State Supreme Court Justice Francis Nicolai issued the order over the objections of the PAC's lawyer, who has accused the Democrats of trying to "conduct a fishing expedition and rummage through the records of another committee."

The lawyer, Guy Parisi, also said the Democrats are seeking to force the PAC to surrender records that state election law does not require it to give up, and that the PAC had already made all the financial disclosures the state requires. Nicolai's order that the Year 2001 Committee PAC open its books and records for the last three and a half years by Jan. 30 is the latest in a string of defeats it has suffered in his court, beginning when he rejected Parisi's argument in the spring that it's up to the state Board of Elections, not the courts, to enforce election laws. But the PAC did score a victory in Nicolai's ruling last week; the judge rejected the Democrats' request to question its treasurer, Joseph Malara, about its fundraising and spending. Tim James, the lawyer for the Democrats and the husband of local party leader Liz Shollenberger, said he may ask Nicolai to reconsider his request to depose Malara after he sees the books. "I believe the records, combined with future discovery, will show that the Year 2001 Committee has been operated specifically for the benefit of Mayor Delfino," James said Friday. "The committee appears to be run with the express purpose of evading the financial disclosure laws and campaign contribution limits of the election laws."

The laws prohibit political action committees from paying bills on behalf of candidates and limit their direct contributions to candidates. In White Plains, the limit is about $1,400 every four years for mayoral candidates. The law makes it a felony to form committees to help candidates evade limits on contributions. Delfino declined to be interviewed Friday but issued a statement saying he "has nothing to do with the committee." PAC Chairman John Ioris referred to Parisi questions about whether the PAC would appeal Nicolai's latest order. Parisi did not return a call. The PAC has filed one appeal in the case.

Shollenberger and four other Democrats sued to force more disclosure from the PAC on May 10, after The Journal News reported its ties to the Friends of Mayor Joseph Delfino committee. The disclosure forms the PAC had filed up to that point showed it had never written a check to Delfino's campaigns, but its spending for printing, signs and similar items spiked during the mayor's last campaign in 2005. Delfino and the PAC hold a joint fundraiser every spring, when Ioris said they share the expenses and the proceeds, and the mayor hosts a second fundraiser for the PAC every fall, most recently on Sept. 18. The mayor's campaign and the PAC also have shared a post office box, donor lists, staff and Ioris' fundraising skills. Until the Democrats filed their suit, the PAC had never filed required forms with county or state election boards identifying which candidates benefit from its spending; about $142,000 over the past three years. When Nicolai ordered the PAC to file forms in September, it accounted for just $6,759.75 of the spending by listing five candidates - including Delfino - and said each received $1,352 worth of support in October 2005. The forms did not say what form the support took. The Democrats said the disclosure fell short and that it defied Nicolai's order. They responded by asking the judge for the order requiring the PAC to open its books, which he issued Wednesday.

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