Lack of Ability or Lack of Character?

The special senate election between Will Barclay and Darrel Aubertine brought forth accusations of a conflict of interest for Darrel Aubertine. An article written for the 2/23/08 Valley News online made reference to an article in the May 25, 2003 Watertown Daily Times (WDT) stating that
Cape Vincent- Assemblyman Darrel J. Aubertine had said a company has approached him about installing wind-powered generators on his property and the properties belonging to three of his neighbors. “They describe the wind as optimal”, Mr.Aubertine said. He also said the company has been monitoring the wind in the town of Cape Vincent for a year and determined it was not so strong as to stress the equipment, but powerful enough to power the generators.
The Valley news story went on to report that less than two weeks after the Watertown Times article was printed, June 4, 2003, Mr.Aubertine voted in favor of legislation that would allow farmers to host wind turbines without having their property-tax assessments increased. Responding to accusations of a conflict of interest in a television interview Aubertine denied voting on any wind power issues “no, not at all, “he said “I never-one way or the other- certainly not for personal gain”.


A Syracuse Post standard article dated 02/22/2008, states that when Sen. Aubertine was asked if he thought it was appropriate to vote on a measure that affected his own property he responded, “if it was me alone, no” but, he said, “it’s not me, it’s the town and dozens of other landowners.”

A spokesperson for the Aubertine campaign denied any conflict of interest. “That vote happened over a year before he sold his wind rights,” Aubertine spokesperson Cort Ruddy said, “those towers, if they are ever built, would be owned by the company and would not impact Darrel’s assessment at all. ”Ruddy added that the only approval process is done locally. “The company is going to set up an arrangement with the town for payment-in-lieu of taxes (pilot payments) and there’s usually no assessment,” Ruddy noted.
Let’s take a closer look at these statements. First Sen. Aubertine says the wind company had been in Cape Vincent for over a year monitoring the wind, that would be about May of 2002. Was there a meteorological tower on your land senator? Not only did you vote for the bill “Wind Energy” in Agricultural Assessments but you were a member of the standing committee on agriculture and the bill in question is listed as one of the committee’s accomplishments in 2003.

As far as not providing any tax benefits the bill, then assemblyman, Aubertine signed eliminated a tax penalty for converting land zoned for agricultural use to non-agricultural use. Previously, when land receiving an agricultural assessment was converted to a non-agricultural use, it was subject to a conversion payment equaling five times the taxes payed in the last year in which it received the assessment, plus interest of 6% per year for each year it received the assessment, up to five years. Now, when a farmer hosts wind turbines on his land this bill eliminates a tax penalty for changing the use of the land from agricultural to non agricultural.
When Sen. Aubertine signed his wind contract is irrelevant. He was instrumental passing the legislation eliminating the tax penalty and he will directly benefit from this act if he hosts wind turbines on his farm land. He was well aware of the wind companies interest in his land and was considering the issue of hosting wind turbines while he was a member of the standing committee on agriculture, a committee that also promoted the bill in question
In a television interview Sen. Aubertine denies voting on any wind issues and then in a newspaper interview when asked if it was appropriate for him to vote on a measure that affected his own property he responded “if it was me alone, no.”but, he said, “it’s not me. It’s the town and dozens of other landowners.”
This vote was in early June of 2003 just after he stated in a WDT article that a wind company had approached him and three of his neighbors, who were these dozens of others you mentioned as your excuse for voting when called on it by the Post standard reporter? Were you signing this bill as an inducement to sign dozens of others up for wind power? Were you a recruiter for wind power? If the wind power does come to fruition in Cape Vincent you will benefit from the elimination of the agricultural assessment. This was a bill you voted for, that came directly from the standing committee on agriculture, a committee that you served on.

So when Sen. Aubertine denied voting on wind issues and stated “certainly not for personal gain” and a statement was made about the bill in question that he wouldn’t benefit any way because of pilot payments, then one can conclude that, Sen. Aubertine is either a liar or he is completely unaware of the content of the legislation he promotes through the committees he sits on. Another possibility is that he is incapable of understanding the content and meaning of the legislation that he signs and the implications and consequences that he may bear as a result of such a blatant conflict of interest!

As a follow up to the point that perhaps he is unaware of what he is doing or perhaps feels that he is above reproach, I would also mention the whole debacle over the hiring his sister. His statement says it all, “earlier today, Senator Aubertine became aware of the situation involving the employment of his sister, Debra A. Wiley, in his senate office. After reviewing appropriate policies, Debra has submitted her resignation and our office has accepted it.” As an assemblyman he signed ethics reform legislation in 2007. Did he even bother to read it?
Sen. Aubertine, are you a liar, incompetent, or both?

by: k.muschell June, 03 2008