Originally Posted - January 20, 2007

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The games are about to begin.

No, not the Empire State Games.

More like the Warren County Winter Olympics in the sport of politics.

Candidates are already jockeying for the Republican nomination to become the next sheriff of Warren County.

We say next because it's highly likely that the regime of Larry J. Cleveland has about run its course.

That's not to say that he won't be in the race because the indications are that he's testing the waters for support, although the waters are far less warm than they have been in his past two campaigns.

Cleveland stepped into the position of sheriff back in 1999 when the previous sheriff, Fred Lamy ascended to a state job in the Pataki administration to become one of three commissioners in the state's Commission on Corrections. The Lamy influence came in handy when Cleveland and the county Board of Supervisors obligated the taxpayers to over $24 million to build a new jail and needed the approval of the state commissioners.

Even with $24 million, Cleveland apparently didn't think he had enough to buy new furnishings for his office so he ripped off $165,000 in commissions from the jail's inmate telephone calls without seeking approval from the board to use the money. Think about it, just what kind of furnishings did Cleveland buy for his office; $165,000 would furnish an entire house and then some. Why, $165,000 why buy a very nice house.

Instead of leaving the taxpayer-owned furnishings in his old office behind for the next occupant, Cleveland took it upon himself without any authorization to give away that taxpayer-owned property----to the state as if the state doesn't have enough money to equip the Queensbury State Police station.

How ironic that now the senior investigator at that State Police station who in all likelihood brokered the deal with Cleveland for the furniture is now going to be Cleveland's opponent in the 2007 race for sheriff.

The word is Nathan "Bud" York has filed his retirement papers with the State Police and is lining his ducks up in a row in order to try and become the county's next sheriff.

Commissions from inmate telephone calls have become a hot potato around the state, with the Court of Appeals hearing arguments earlier this month about how the costs became so high and how Verizon/MCI got a monopoly contract with the state for them.

Gov. Eliot Spitzer has jumped into the argument and ordered that the excessive telephone charges paid by families and friends of inmates of state prison will be reduced on April 1 to the cost of regular calls. Verizon/MCI had been charging a flat rate of $3 per call and 16 cents a minute thereafter, meaning that collect calls were charged at a rate of 630% more than consumer rates of which 57.5% is kicked back to the state for "operating expenses" such as health care. That wouldn't seem to include office furnishings for the warden or other officials.

Families and friends of inmates incarcerated at the Warren County Jail also paid higher than normal telephone rates. The county's kick-back amounts to 44% and after the state comptroller's office rapped Cleveland for taking the commissions without authorization, he was before the supervisors' Sheriff's and Communications Committee in late November, "explaining" that a resolution had been approved by the full board providing that the 44% commission rate, aka kickback, was apportioned to fund the inmates' legal research system. Must be a heck of library.

Cleveland told the committee that the New York State Attorney General's office had researched the funds received for inmate calling programs throughout the state and the use of those funds to find that several departments had not disclosed them to their board of supervisors for direction on the use of the funds.

Guess what? Cleveland was among them, according to the 2005 audit of the Warren County Sheriff's Department released in October 2005 by the state comptroller's office.

He told the committee that they could expect to receive a letter to this effect from the New York State Sheriff's Association as directed by the state Attorney General but not to pay any attention to it because the arrangement had already been approved and authorized by resolution----after he had gotten caught in 2005 for taking the money without authorization.

The committee should be concerned about it because Cleveland's gift of county owned property to the state for the Queensbury State Police substation, which is on land owned by the Town of Queensbury, was under state investigation by the Public Integrity Unit of the AG's office as well as the investigative division of the state comptroller's office.

Informed sources have also indicated that the matter of Lt. Robert A. Smith's "theft" of equipment owned by the North Warren Central School District for his own personal use is also under investigation by the state comptroller's office, although Smith's acts aren't directly related to the sheriff's department as he was presumably off duty when he allegedly took a York rake without authorization.

Cleveland could have some rocky days ahead in his campaign for sheriff.

Informed sources indicate that the county's insurance carrier is getting ready to settle a discrimination complaint brought by two female corrections officers and the Equal Employment Opportunity Commission (EEOC) against Cleveland and the county.

Those sources indicate that during the EEOC investigation, it was learned that approximately 60 claims of sexual harassment have been filed against Cleveland and the sheriff's department.

Cleveland has several federal civil rights actions pending against him and the department in U.S. District Court, including a major one for false arrest, malicious prosecution and violations of First, Fourth, Fifth, Sixth and Fourteenth Amendment rights. Then there's a particularly pesky one filed by an inmate originally acting pro se. He's having trouble framing his complaint, no doubt hampered by the department's refusal to allow him access to the law library, that same law library that presumably the telephone commissions are funding. All persons, including prisoners, have a constitutional right of access to the courts pursuant to Monsky v. Moraghan 127 F3d 243, 246 (2nd Cir. 1997). Denial of access to the law library is one of his complaints.

Cleveland's policies are once again under fire as the inmate, Reuben McDowell, placed in segregation for 360 days, was denied a copy of the segregation order as jail officials said it was policy not to provide a copy to the inmate. McDowell claims this is a violation of his due process rights and discriminatory, producing a copy of a similar order which another inmate had received. Ultimately, the jail staff admitted their policy was improper.

Cleveland's unofficial public relations agency, aka The Post Star and Cleveland lackey Don Lehman are trying to do damage control for him, trying to keep all the negative news about the department away from public view while publicizing arrests and issues that will hopefully make Cleveland look good.

One of the department's more stupid moves was publicized on Dec. 24, apparently on Lehman's day off. Reporter Charles Fiegl, reporting on a police chase of a Waterford man, wanted on an outstanding warrant in Tennessee, told the readers about the stellar actions of the county's answer to the Keystone Kops.

The wanted man led police on a 50-minute high speed chase, part of which took place on the Northway. One sheriff's deputy attempted to use stop sticks to deflate the tires of the suspect's truck on the Northway. Hearing sirens and seeing a pickup truck coming, he laid down the strips and promptly blew out the tires of the truck. Thing is, it was the truck of an innocent civilian, not the wanted man at all.

Cleveland has long tried to control his press coverage and established yet another one of his unconstitutional policies by denying all press releases and public information to The North Country Gazette He might want to heed a ruling issued this past week by a federal judge in Ohio which held that the Toledo mayor couldn't bar a local radio reporter from attending press conferences and that he must notify the radio station of upcoming news events as they do to other local media.

The radio station has argued that the mayor's policy singling out the radio station reporters violates the First and Fourteenth Amendments, as does Cleveland's policy singling out The North Country Gazette.

"The policy chills the speech of all members of the press who disagree with the Mayor or his administration's actions, denies the public access to information to which it is entitled, and opens the door for these Defendants or any public official to retaliate against any member of the media whose viewpoint differs from that of the government," the complaint stated.

A temporary restraining order is in place for the mayor currently and the radio station will seek a permanent injunction at a hearing Jan. 26.

Apparently the Toledo mayor, as Cleveland, thinks he can manage and control the news. The mayor barred the reporter because he believes he's not "an impartial reporter" because the station has criticized the mayor and his policies.

Another factor in the upcoming election will be the finding of the Grand Jury empaneled by Warren County district attorney to investigate the deaths of 20 senior citizens as the result of the sinking of the Ethan Allen tour boat on Lake George on Oct. 2, 2005. Sources say that Cleveland and the boat captain, Richard Paris have been subpoenaed to appear before the Grand Jury when it reconvenes on Jan. 25 and 26. No doubt one of the principal issues will be Cleveland's determination that Paris wasn't impaired by either alcohol or drugs, reached not by any alkasensor, Breathalyzer test, blood test or any other scientific finding but rather by Cleveland's "blow in my face" test.

There are some other albatrosses hanging around Cleveland's neck, alleged violations of Civil Service Law in his appointments and in particular, gross dissatisfaction and exceptionally low morale within the department. Cleveland has forced many long time experienced officers out of the department and replaced them with young males. His continued discrimination towards women remains a hot issue along with the well-known favoritism he practices as well as his relationship with John Shine and Shine's position in the department.

With Bud York residing in Warrensburg and the disbanding of the Warrensburg Police Department still a hot topic, no doubt that issue will play a crucial role in the upcoming political season.

Many members of the Warren County Republican Committee have indicated a lack of support for Cleveland this time around and it was rumored last year that the Republican hierarchy had told Cleveland he would not be endorsed this time around. Time will tell.

One thing's for sure, if you thought the last two election campaigns for sheriff were lively, we got a feeling you ain't seen nothing yet as the battle lines are already clearly delineated this time around and will essentially pit Cleveland against the State Police, an agency with which he has long had a strained relationship.

Let the games begin. 1-20-07