Hardly Working: David DiPietro
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- Lorin Parsons
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1 Hardly Working: David DiPietro Incumbent David DiPietro s Record of Absenteeism in the New York State Assembly - October 2018 Executive Summary For the past six years, residents of the New York State (NYS) Assembly s 147th district have not had the type of active, engaged representation that they deserve. This document compiles and collates information from publicly available records related to Dipietro s attendance and performance in the NYS Assembly. DiPietro misses more votes with each term he is elected. When looking at days attended based on per diem records, Dipietro has the worst attendance in the Assembly. Prepared as a public service for the voters of Erie & Wyoming Counties by the Luke Wochensky for NYS Assembly Campaign Team Lukeforny.com info@lukeforny.com
2 A Pattern of Missed Votes There are 150 Assembly districts in New York State, each represented by one assemblymember. According to our research, David Dipietro has missed more Assembly floor votes than 136 of his peers. Stated another way, 89 percent of NYS Assemblymembers have a better record of making it to the floor to vote than Dipietro for the term. David Dipietro s tenure has shown a pattern of missed votes, more in each term since he joined the Assembly in Through his absenteeism, he has failed to present and support legislation that will improve New Yorkers healthcare, infrastructure, main street economies, and agriculture - issues for which the people of the 147th district are demanding solutions. Figure 1 - David Dipietro s missed votes over his three terms in office Hardly Working: David DiPietro Page 1
3 Figure 2 - Comparison of David Dipietro s missed votes to his peers It is useful to draw comparisons between other members of the Western New York Assembly delegation and David Dipietro to examine how significant his missed voting records are for a similar group of representatives. Comparing Dipietro to other local Republican 1 Assemblymembers, the closest record belongs to Joseph Giglio another rural representative from a neighboring district. The comparison is striking. Giglio posted only 61 missed votes; Dipietro posted five times that number. In fact, Dipietro missed almost four times more votes than all four WNY Republican Assemblymembers combined. 1 Joseph Giglio s attendance is in the mid-to-upper range for attendance, with approximately 153 day equivalents. Hardly Working: David DiPietro Page 2
4 Figure 3 - Dipietro s missed votes compared to several WNY Republican Assemblymembers Shirking Responsibility The Wochensky campaign has publicly shared facts related to Dipietro s missed votes. Supporters, in turn, have chosen to include these facts in letters to newspaper editors and 2 social media postings. Republican operatives, including a former paid staffer for Dipietro, have defended Dipietro s dismal attendance record with the excuse that the passing of Dipietro s mother was the reason for his absences from the Assembly. 2 page 82, Ronald Heppner payroll information. /, written by Ronald Heppner. Hardly Working: David DiPietro Page 3
5 Fact: Dipietro s mother, Elaine Dipietro, passed away on June 17, 2016 at age 82 according to publicly available information. This was more than six months before the Assembly term, on which the majority of this report is based, began. A family member s death can be challenging for any employee. One of the aspects of A An act to amend the workers' compensation law, in relation to paid family leave and bereavement was that ample time should be provided to employees to grieve and ensure affairs are in order. Dipietro voted Nay when this legislation was in the Labor committee. The Most Absent Assemblymember in Upstate New 3 York is. David DiPietro. What would your supervisor say if you missed work 40 percent of the time? Participation in Assembly sessions is part-time and seasonal. Analysis was done on the per 4 diem reimbursements of all Assemblymembers for as data that correlates to when they were in Albany. Looking at Dipietro s record in terms of number of full and half days worked in Albany, Dipietro has worked about 51.5 fewer days (out of a part-time, seasonal session) than the average Assemblymember - or about only 62 percent of the time - less than a passing grade. 3 Based on per diem records DiPietro is the most absent Assemblymember from Upstate and is tied for the worst attendance across the state. 4 Per diem: A per diem payment is a reimbursement provided to an employee to relieve the cost of travelling to a location to perform a job. Instead of saving receipts meals or hotel stays, an employer will analyze the typical cost for those items in a particularly city or region, and offer the employee a fixed amount per day as compensation. This saves the burden of the employee and employer tracking the receipts. Hardly Working: David DiPietro Page 4
6 Figure 4 - WNY Republicans attendance compared to the Assembly s average. This data set included Assemblymembers who live close to Albany (commuters) who do not receive a full per diem payment. According to our analysis, once accounting for these members, Dipietro is tied for the most absent member of the entire Assembly. The other is Dov Hikind, a downstate Democrat and Trump supporter who chose not to run for reelection in To provide perspective David Dipietro was compared to other Western New York Assemblymembers. They provide an effective control for both political party and distance traveled. When examining the attendance records of Andrew Goodell (NY 150), Joseph Giglio (NY 148), Raymond Walter (NY 146) and Angelo Morinello (NY 145), we found that they were all able to appear in the Assembly at least 115 day equivalents over the term. Three of them worked an exemplary 150 day equivalents. Hardly Working: David DiPietro Page 5
7 Figure 5 - WNY Republicans attendance record In addition to arriving late and leaving early, the per diem records showed that David Dipietro would miss entire weeks at a time. During his last term, there were four complete weeks where David Dipietro didn t bother to go to Albany according to per diem records. This is significant, as there are only about 26 weeks in each term, from January through early June. The schedule is well known in advance. Salary and cost of travel is the same regardless of length of stay. The cost of DiPietro s low attendance in the Assembly is more expensive to taxpayers than his well-attending counterparts. Hardly Working: David DiPietro Page 6
8 Missed Opportunities & Shirking Responsibility: DiPietro is absent when legislation is being voted on, including bills he sponsored or cosponsored. He was absent when the following pieces of legislation were voted upon during the term. 5 Table 1 - Sampling of Bills that David Dipietro missed voting on Bill Title Significance A01260 S02003D A03888 A04237 Establishes the New York state innovation voucher program; provides small businesses with access to research and development by colleges and universities, government laboratories and public research institutes in order to assist such businesses in the creation of innovative products or services; Makes appropriations for the support of government - Aid To Localities Budget. Requires fiscal impact notes on bills affecting political subdivisions including identifying a source of funding for the annual cost of the legislation. Relates to a judicial diversion program for certain felony offenders; expands definition for an eligible defendant. Public-Private partnership to provide small businesses with access to college intellectual property and research facilities Cosponsored; provides a measure of accountability for unfunded mandates Provides a path for opioid addicts to get treatment instead of going to jail A04696 Enacts the "New York State Fair Pay Act"; provides that it shall be an unlawful employment practice for an employer to discriminate between employees on the basis of sex, race and/or national origin by paying different wages. A step towards creating an equal workplace A05524 Increases the age of consent for purposes of marriage; prohibits marriages of minors under the age of seventeen years of age. Raises the age of marital consent to 17 A07582 Requires the licensure of student loan servicers. Cosponsored A07798 A08427 Reduces the limitations on the number of schools at which photo speed violation monitoring systems may be utilized and the times during which they may be operated; requires such city to install signs giving notice of the use of such a system; and extends the expiration of such program until July 1, Enacts the "New York Buy American act"; provides that all contracts over one million dollars in value and made and awarded by any department or agency of the state for the construction, reconstruction, alteration, repair, maintenance or improvement of any roads or bridges shall contain a Cosponsored Helps to support American companies and American jobs 5 On the floor and in committee Hardly Working: David DiPietro Page 7
9 A10311 provision that the iron, steel and concrete used or supplied in the performance of the contract or any subcontract thereto and permanently incorporated into such road or bridge, shall be produced or made in whole or substantial part in the United States, its territories or possessions;. Directs the commissioner of the Division of Homeland Security and Emergency Services in consultation with New York state fire service organizations, to develop a plan to increase the number of skills required as part of the Firefighter certification, or the Firefighter Recruit I and II certifications, which can be completed at a trainee's home dept. or online. Relieves the training burden on struggling volunteer Fire Departments A10056 Relates to access to viable agricultural land for new and beginning farmers. Cosponsored A11063 Designates a portion of the state highway system in Erie County as the "S Sgt Michael F. Kaczmarek Memorial Bridge. Sponsored. East Aurora native who fought in WWII S05664 Authorizes the commissioner of education, in cooperation with the commissioner of agriculture and markets, to establish voluntary guidelines to provide for the donation of excess, unused, edible food from school, university or other educational institutions' meal programs to voluntary food assistance programs. Allows unused food to feed the hungry S06415 S06750 Authorizes firefighters who are members of a fire company or department of another state to provide assistance to volunteer fire companies or departments in this state. Requires chain pharmacies to operate a safe disposal site for unused controlled substances. Impacts many fire companies struggling with enrollment S06939 Authorizes the county of Erie to offer an optional twenty year retirement plan to Christopher J. Lysy, Kristin M. Rozycki, Marc J. Bristow, Daniel E. Walczak, Thomas Van Wie and Donald Hoelscher who are deputy sheriffs employed by such county. Applies to constituents living in Angola, Glenwood, Colden Your Tax Dollars at Waste David Dipietro s annual salary is $79,500, with an additional stipend of $9,000 as a member of the Republican Leadership Committee and his travel and meals are reimbursed through per 6 diem payments which he files regularly. That s $88,500+ per year, for the equivalent of 42 days of work in Albany in Full Days and 20 Half Days Hardly Working: David DiPietro Page 8
10 NYS Assembly expenditure reports show an average of $110,000 spent on Dipietro s office operations for each six month period in the reports. That equates to a cool $1.3 million over his terms in office, or $1,300,000 dollars to staff a field office and an Albany office with, anecdotally, less engagement with local elected officials. The highest ranking elected official in Wyoming County and lifelong Republican Doug Berwanger said in September, I have served as chairman of the Board of Supervisors for Wyoming County for 19 years, and as supervisor of the Town of Arcade for 23. I am endorsing Luke Wochensky because he has impressed me and has made an effort to get to know what is happening in Wyoming County and with our towns. Luke is running against David DiPietro. In DiPietro s six years in office I can t think of one time that he has come here to have a meeting with me or with the Board of Supervisors. It s time for a change. Methodology and Sources This document reflects a rigorous review of legislative records and expenditure reports that are publicly available through NYS Assembly databases and the nonpartisan legiscan.com. New York State Assembly Travel Records: New York State makes available the reimbursements each Assemblymember receives for their travel and lodging. These records are an indication of when each member arrives and leaves Albany. Each member received a per diem stipend based on if they ve spent a full day or half day in Albany. Our team took the per diem reimbursement amounts and divided by either the full or the half day rates to determine if a member worked a full or half of a day in Albany. The total number of work days were summed; with a full day counting as 1 day and a half day counting as 0.5 days. From there a direct comparison between members could be made based on the total days worked in Albany. New York State Assembly Expenditure Reports: Documentation related to all operational and office expenses, including direct mail, by Assemblymembers, in six-month increments on about a six-month reporting delay. Legiscan.com Hardly Working: David DiPietro Page 9
11 Legiscan.com provides a record of all the votes that have been conducted in Albany. The package contains several files that include Assemblymember information, bill information (sponsorship, number, title, descriptions, activity), roll call results, and individual voting history. Using this data, a comprehensive picture of each individual s voting record can be compiled and a picture of how votes were conducted and how many votes were missed can be determined. Conclusion The evidence provided in this report points to a very poor attendance record when tracked by missed votes. When tracking days attended, the evidence points to a dismal level of participation. The voters in the 147th district are paying the price for having an Assemblymember who does not prioritize showing up as an elected official. It s time for the people of the 147th district to have a representative in Albany who will listen, work hard, and most importantly - show up to do the job that they were hired to do. Residents deserve better. Figure 6 - David Dipietro s missed votes and trend Hardly Working: David DiPietro Page 10
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