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Dermody, Burke & Brown adds senior associate in Tax Department
SYRACUSE — Dermody, Burke & Brown, CPAs, LLC (DB&B) recently hired Stephanie Kubis as a senior associate in its Tax Department. Kubis joins DB&B with more than two years of professional experience. She previously worked at another accounting firm in Rochester. She is currently in the process of completing her certification to become a certified […]
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SYRACUSE — Dermody, Burke & Brown, CPAs, LLC (DB&B) recently hired Stephanie Kubis as a senior associate in its Tax Department.
Kubis joins DB&B with more than two years of professional experience. She previously worked at another accounting firm in Rochester. She is currently in the process of completing her certification to become a certified public accountant (CPA).
Kubis holds a bachelor’s degree in accounting from Nazareth University, where she was also a star player on the school’s women’s ice-hockey team.
Dermody, Burke & Brown, CPAs has been serving the Central New York business community since 1956. It has offices in Syracuse, Auburn, New Hartford, and Rome. The firm employs more than 85 people, offering auditing, accounting, and taxation services, as well as many areas of specialization, including retirement-plan design and administration, payroll services, and custom accounting solutions.
Pathfinder Bancorp announces change in board-chair position
OSWEGO — Pathfinder Bancorp, Inc. (NASDAQ: PBHC), the bank holding company of Pathfinder Bank, recently initiated a change at the top of its board of directors. William A. (Will) Barclay, an experienced attorney and lawmaker, has been named chairman of the board — succeeding Chris R. Burritt, previous board chairman, who retired from the board
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OSWEGO — Pathfinder Bancorp, Inc. (NASDAQ: PBHC), the bank holding company of Pathfinder Bank, recently initiated a change at the top of its board of directors.
William A. (Will) Barclay, an experienced attorney and lawmaker, has been named chairman of the board — succeeding Chris R. Burritt, previous board chairman, who retired from the board at the banking company’s June 6 annual meeting, in accordance with Pathfinder’s by-laws.
Burritt — former president and general manager of R.M. Burritt Motors, Inc., an automobile dealership located in Oswego — joined the Pathfinder board of directors in 1986 and has served as chairman of the board for 10 years,
“It has been an honor and privilege to be part of this great organization for 38 years since joining what was then Oswego City Savings Bank. Since then, our bank has grown from $88 million to $1.4 billion in assets, now owned by our shareholders,” Burritt said in a Pathfinder news release. “Reflecting on these decades, what resonates most is the dedication and commitment of our employee base, management team, and Board of Directors to quality customer service and community enrichment. Integrity, truthfulness, kindness, and helpfulness have anchored our actions for 165 years. To our valued shareholders, your investment is vital to our success, and we pledge to protect it and enhance its value. To the Board of Directors and management team, thank you for your time, talents, support, and willingness to find common ground in decision-making. Lastly, I confidently pass the baton to Will Barclay, whose wealth of experience and wisdom will undoubtedly enrich this role. We trust in his leadership to guide us forward with integrity and vision.”
Barclay joined Pathfinder Bancorp’s board of directors in 2010. He is a partner in the Syracuse–based law firm of Barclay Damon, LLP, where he specializes in business law and serves as a New York State Assemblyman for the 120th District and currently is the Assembly Minority Leader.
“I’m truly humbled to follow in the footsteps of such an accomplished leader as Mr. Burritt,” Barclay said in the release. “Under his guidance, Pathfinder Bank has established a strong foundation of dedicated customer service and strategic market growth aligned with our core values and mission… Our commitment to delivering enhanced value and service to our customers and communities remains strong. We will boldly pursue and execute strategies that foster growth across the communities we serve. Our leadership in community banking will serve as a catalyst for regional expansion, benefiting our customers, employees, and shareholders alike. I am enthusiastic about the opportunity to lead Pathfinder Bank with strong corporate stewardship, guiding us confidently into the future.”
Pathfinder Bank is a New York State chartered commercial bank headquartered in Oswego that has 11 full-service offices located in its market areas consisting of Oswego and Onondaga County and one limited purpose office in Oneida County.
VIEWPOINT: District Court Strikes Down FTC’s Noncompete Clause Ban
The Federal Trade Commission’s (FTC) noncompete ban is no more, at least for the time being. On Aug. 20, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal Trade Commission, struck down the FTC’s noncompete ban, which was set to take effect on Sept.
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The Federal Trade Commission’s (FTC) noncompete ban is no more, at least for the time being. On Aug. 20, the United States District Court for the Northern District of Texas (Hon. Ada Brown, U.S.D.J.), in Ryan, LLC v. Federal Trade Commission, struck down the FTC’s noncompete ban, which was set to take effect on Sept. 4. The District Court’s Memorandum and Opinion precludes the FTC’s noncompete ban from going into effect nationwide.
In its Memorandum and Opinion, the District Court determined that the FTC lacked the statutory authority to promulgate substantive rules relating to the prevention of unfair methods of competition and that the FTC’s noncompete ban was arbitrary and capricious. Specifically, the District Court concluded that the text and structure of the FTC Act compel the determination that the FTC lacks substantive rulemaking authority with respect to unfair methods of competition. As a result, the FTC exceeded its statutory authority in promulgating the noncompete ban.
The District Court further found that the FTC failed to present sufficient evidence supporting the noncompete ban. Specifically, because no state has enacted a ban as wide sweeping as the FTC’s noncompete ban, the studies referenced by the FTC which analyzed state noncompete bans did not support the FTC’s universal noncompete ban. Moreover, the FTC’s evidence in support of the noncompete ban was based on factual situations specific to each state and did not, in turn, support a universal, nationwide ban. Finally, the District Court determined the FTC failed to sufficiently address alternatives to issuing the noncompete ban, such as, for example, restrictions on the use of non-competes for low wage workers. Thus, the District Court held that the FTC’s noncompete ban was arbitrary and capricious.
The FTC will likely appeal the District Court’s decision to the United States Court of Appeals for the Fifth Circuit – the appellate court encompassing Texas. Based on its history, it is likely the Fifth Circuit will affirm the District Court’s decision striking down the FTC’s noncompete ban. However, the FTC still has a sliver of hope for its noncompete ban in a case pending before the United States District Court for the Eastern District of Pennsylvania, which recently denied the plaintiff’s request for a preliminary injunction, finding the FTC did have the authority to make substantive rules relating to the prevention of unfair methods of competition and demonstrated a sufficient evidentiary basis for the rule, analyzed here. Given this, the FTC’s noncompete ban may very well end up before the United States Supreme Court. The question remains, however, when will it get there and how the Supreme Court will rule on this issue.
As it stands, the FTC’s noncompete rule is no more and will not go into effect on Sept. 4. This means that the enforceability of non-competes will continue to be analyzed under applicable state law, which, in New York, requires a non-compete to be reasonable in geographic and temporal scope and no broader than necessary to achieve a legitimate business interest.
Bradley A. Hoppe is a member (partner) in the Buffalo office of Syracuse–based law firm Bond, Schoeneck & King PLLC. He is a litigation attorney who handles a wide range of business, commercial, and municipal matters at the trial and appellate levels in both state and federal court. Contact Hoppe at bhoppe@bsk.com. Kevin G. Cope is an associate attorney in Bond’s Buffalo office. He is a litigation attorney who assists a wide range of clients in successfully resolving pending matters, or, when possible, to avoid litigation through implementing measures to mitigate or avoid potential exposure. Contact Cope at kcope@bsk.com. This article is drawn and edited from the law firm’s website.
Grossman St. Amour CPAs adds two accountants to audit group
SYRACUSE — Grossman St. Amour CPAs, PLLC (GSA) of Syracuse on Aug. 12 announced two new hires — Kelly Caza and Gianna Quonce, who are both full-time staff accountants in the firm’s audit-services group. About Caza Caza practices in the areas of audit and attest engagements, bookkeeping, and financial-statement preparation. Her clients include nonprofit organizations,
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SYRACUSE — Grossman St. Amour CPAs, PLLC (GSA) of Syracuse on Aug. 12 announced two new hires — Kelly Caza and Gianna Quonce, who are both full-time staff accountants in the firm’s audit-services group.
Caza practices in the areas of audit and attest engagements, bookkeeping, and financial-statement preparation. Her clients include nonprofit organizations, public school districts, and government and municipalities. She previously completed the GSA internship program, per the firm’s announcement.
Caza is a graduate of SUNY Oswego with an MBA and bachelor’s degree in public accounting and finance. She is a member of the Syracuse chapter of the New York State Society of CPAs and Beta Alpha Psi.
Her leadership experience includes serving as treasurer of Women in Business at SUNY Oswego, president of the Accounting Society at SUNY Oswego, and Worship Leader at Fulton First United Methodist Church.
Quonce’s areas of practice include audit and attest engagements, bookkeeping, and financial-statement preparation. Her clients include nonprofit organizations, affordable housing, public school districts, and municipalities. She also previously completed the GSA internship program, the firm said.
Quonce is a graduate of Le Moyne College’s Madden College of Business & Economics with a bachelor’s degree in accounting. She is a member of Tau Sigma National Honor Society at Le Moyne College.
Ask Rusty: Does my SS payment include repayment of contributions?
Dear Rusty: I have a question about my Social Security (SS) benefits. Would I be correct to assume that part of the monthly SS income I get is a repayment of what I contributed to the fund while I was working? If so, how much of my monthly benefit payment is my own money coming
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Dear Rusty: I have a question about my Social Security (SS) benefits. Would I be correct to assume that part of the monthly SS income I get is a repayment of what I contributed to the fund while I was working? If so, how much of my monthly benefit payment is my own money coming back to me?
Signed: Curious Beneficiary
Dear Curious Beneficiary: I’m afraid that is not how Social Security works. The money you contribute to Social Security during your working years does not go into a special account to be repaid to you. Rather, the SS taxes you pay while working are used to pay benefits to all those currently receiving SS benefits. The system is, in effect, a “pay as you go” program where all those currently contributing help pay benefits for all those now receiving. What your contributions do, however, is earn you “quarter credits” and, when you have enough credits, you become eligible for SS retirement benefits for life. Generally, someone must have about 40 quarters (or about 10 years) contributing to Social Security to be eligible for SS retirement benefits.
How much you receive monthly is determined not by how much you contributed but, rather, by how much your work earnings were over your lifetime. You will get a percentage of your average pre-retirement work income as your monthly Social Security payment, but that is also affected by your age when you claim benefits. It is your average lifetime earnings (adjusted for inflation) which determines your “Primary Insurance Amount” (PIA). Your PIA is what you get at your Social Security full retirement age (FRA), but your age when you claim benefits determines if you get more or less than your PIA. Claiming SS before your FRA means a smaller monthly benefit, while waiting longer than your FRA means a benefit higher than your PIA. (SS benefits reach maximum at age 70). FYI, each person’s FRA is different based on the year they were born, but full retirement age today is between age 66 and 67. When you claim benefits relative to your FRA determines how much of your PIA you will receive each month.
So, your contributions to Social Security aren’t used to determine your monthly benefit amount, but your average lifetime work earnings and age when you claim are the main factor. Nevertheless, you may be interested to know that most people get back everything they have personally contributed to Social Security within about three to five years of collecting benefits. In that sense, Social Security is an exceptionally good deal, since most Americans now collect benefits for about two decades. And therein lies much of Social Security’s financial dilemma — people are now collecting benefits for many more years than the current program is designed to support. And that is what Congress needs to fix as soon as possible. The Social Security trust funds (which now provide supplemental money to pay benefits) are projected to be depleted around 2033, which will mean a cut in everyone’s monthly Social Security payment, unless Congress acts soon to reform the program and restore it to fiscal solvency.
Russell Gloor is a national Social Security advisor at the AMAC Foundation, the nonprofit arm of the Association of Mature American Citizens (AMAC). The 2.4-million-member AMAC says it is a senior advocacy organization. Send your questions to: ssadvisor@amacfoundation.org.
Author’s note: This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained, and accredited by the National Social Security Association (NSSA). The NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity.
State comptroller audit of GST BOCES finds inadequate monitoring and accounting for capital assets
PAINTED POST — A recent audit report from New York State Comptroller Thomas DiNapoli found that Greater Southern Tier (GST) Board of Cooperative Educational Services (BOCES) officials did not properly monitor and account for all capital assets and have not conducted periodic physical inventories in at least 10 years. As a result, GST BOCES officials
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PAINTED POST — A recent audit report from New York State Comptroller Thomas DiNapoli found that Greater Southern Tier (GST) Board of Cooperative Educational Services (BOCES) officials did not properly monitor and account for all capital assets and have not conducted periodic physical inventories in at least 10 years.
As a result, GST BOCES officials lack assurance that the capital-asset records are complete and accurate, and that assets are protected from loss, theft, misuse, and obsolescence, per the June 21 report from the state comptroller’s office.
Auditors reviewed 50 assets with a combined purchase price totaling about $259,900 and determined that 10 assets worth a combined $68,600 had exceptions and eight of those assets, totaling about $65,400, did not have required asset tags, were not on the inventory asset list, and/or had incorrect locations on the inventory list. In addition, a camcorder with a purchase price of $1,700 could not be located or accounted for, the comptroller’s office said. Additionally, a telecommunications switch with a purchase price of $1,500 was still active on the inventory list but was disposed of in October 2018.
DiNapoli’s office recommended that GST BOCES officials implement the following corrective actions:
• Ensure BOCES’ asset records are complete, accurate, and up to date, and assets are tagged and recorded prior to being placed in service.
• Conduct periodic physical inventories.
The comptroller’s office concluded, “BOCES officials agreed with our findings and indicated they plan to initiate corrective action.”
GST BOCES provides educational and administrative services to 21 component school districts, serving a total of about 30,000 students, in Schuyler, Steuben, Chemung, Tioga, and Allegany counties. It has campuses in Painted Post, Elmira, and Hornell. The organization is governed by a seven-member board of education, elected by the boards of the component school districts.
Local sales-tax collections flat in July from a year ago
ALBANY — Local sales-tax collections in New York state increased by 0.2 percent in July compared to July 2023. That’s according to data that New York State Comptroller Thomas DiNapoli released Aug. 19. Overall, local collections totaled $1.82 billion for the month, up $3.1 million from the same time last year. “There was little growth
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ALBANY — Local sales-tax collections in New York state increased by 0.2 percent in July compared to July 2023.
That’s according to data that New York State Comptroller Thomas DiNapoli released Aug. 19. Overall, local collections totaled $1.82 billion for the month, up $3.1 million from the same time last year.
“There was little growth in local sales tax collections in July compared to last year,” DiNapoli said. “As local officials start preparing their budgets for next year, they must set realistic expectations for sales tax collections.”
A year prior, local sales-tax collections in New York state grew 3 percent in July compared to the same month in 2022.
In July, New York City’s collections totaled $768 million, a decline of 1.2 percent, or $9.1 million, compared to the same time last year. County and city collections in the rest of the state totaled $946 million, an increase of 1.2 percent.
The data also indicated 40 of 57 counties saw year-over-year increases.
These monthly sales-tax collections are from the cash distributions made to counties and tax-imposing cities by the New York State Department of Taxation and Finance. The amounts are based on estimates of what each municipality is due.
In the third month of each calendar-year quarter, these distributions are adjusted upward or downward, so that the quarter as a whole reflects reported sales by vendors.
The next quarterly numbers (for July-September) will be available in October, DiNapoli’s office said.
SAANYS executive director to retire at end of this year
Deputy executive director named to top spot ALBANY — The School Administrators Association of New York State (SAANYS) recently announced the retirement of its longtime executive director, Kevin S. Casey, effective Dec. 31. The SAANYS board of directors has selected current Deputy Executive Director Jennifer L. Carlson to assume leadership of the association as executive director,
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ALBANY — The School Administrators Association of New York State (SAANYS) recently announced the retirement of its longtime executive director, Kevin S. Casey, effective Dec. 31.
The SAANYS board of directors has selected current Deputy Executive Director Jennifer L. Carlson to assume leadership of the association as executive director, effective Jan. 1, 2025.
Casey first came to SAANYS as general counsel in 2000. He has served as executive director since 2006, overseeing all association operations, including member legal and labor-relations services, legislative and regulatory advocacy, and professional learning opportunities for SAANYS’ membership of 22,000 school administrators, according to a July 29 news release from the association.
“Twenty-four years has gone by quickly,” said Casey. “I am proud of what we have accomplished in those years. We’ve increased our membership and representation significantly to include administrators from every corner of the state, while also elevating our visibility, advocacy, and level of service. I am confident that Jenn will use her leadership skills and commitment to the organization to continue this upward trajectory for the betterment of New York’s school leaders.”
Carlson has been with SAANYS since 2010, serving as deputy general counsel before moving into her current role of deputy executive director in 2022. At the time of promotion, Carlson was acclaimed for her excellent organizational skills, keen eye on customer service, and in-depth knowledge of SAANYS’ core legal and negotiation services, the release stated. Carlson is a graduate of Albany Law School and The College of Saint Rose.
“I am humbled and honored to have been selected by the Board of Directors to continue serving SAANYS in this new capacity. In my various roles with the organization over the past fourteen years, I have had the privilege of representing our hardworking and dedicated members and am grateful to have the wise and patient mentorship of Kevin Casey during this transition,” Carlson said. “Kevin succeeded in his mission to grow SAANYS into the premier full-service organization for public school administrators and did so by leading with integrity, resilience, and always having the best interests of our members at heart. His steadfast leadership will be missed, and I look forward to continuing to lead SAANYS in exciting new directions.”
SAANYS represents more than 22,000 school administrators, supervisors, and retirees throughout New York state.
OPINION: The 2024 New York State Fair has Something for Everyone
The Great New York State Fair is an annual tradition that delivers top-tier entertainment, unique crafts, and family fun for kids and adults of all ages. The fair, which is the oldest in the U.S., delights hundreds of thousands of visitors each year, and this year it will no doubt continue its legacy as a
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The Great New York State Fair is an annual tradition that delivers top-tier entertainment, unique crafts, and family fun for kids and adults of all ages. The fair, which is the oldest in the U.S., delights hundreds of thousands of visitors each year, and this year it will no doubt continue its legacy as a premier summer entertainment event for state residents and tourists alike. In fact, last year, country music star Lainey Wilson set a record for the largest State Fair concert crowd with more than 53,000 guests watching her perform, highlighting just how special the State Fair truly is.
For 2024, there will be a number of great acts trying to follow up on last year’s successes. Fans of virtually every music genre will be able to enjoy bands like Blue Öyster Cult, TLC, Dropkick Murphys, Chevelle and the Ying Yang Twins. To see a more comprehensive list of performers, check out the Suburban Park Concerts schedule (https://nysfair.ny.gov/venue/suburban-park/) and the Chevy Court Concerts schedule (https://nysfair.ny.gov/venue/suburban-park/).
While the musical acts playing the fair are a major attraction, there are tons of educational and interactive exhibits also to enjoy. The Exposition Center will take fairgoers back millions of years with its display of dozens of life-sized, animatronic dinosaur replicas, some as large as 80 feet long. Interactive features include photo opportunities, a fossil dig, Storytime and dance parties. Additionally, there will be a 4-H Dog Show, Thumbstall Quilters Guild Quilting Demonstrations, and many other shows and displays. And what’s a State Fair without a competitive spirit? There will be competitions for every interest and age group including a draft horse show, horse pull, barrel races, amateur wine contests, and more.
Fairgoers will also be able to enjoy a complimentary tram service running continuously through the grounds. There will be 10 stops along the route, and tram service will begin at 9 a.m. and end at 10 p.m. A separate Americans with Disabilities Act-compliant shuttle will also be available for those who need it. Daily admission to the fair is $8 for adults and free for children 12 and under and seniors. Parking for the day is $12.
We have many great traditions in Central New York, but the New York State Fair has long been a favorite of mine. We have such a rich history of agriculture, recreation, and entertainment, and we get to share that with the world for a few days every summer. The entertainment and vendor options — especially those at the Taste NY Marketplace — continue to impress guests from all over. I am excited for this year’s fair, and I hope to see you all there.
William (Will) A. Barclay, 55, Republican, is the New York Assembly minority leader and represents the 120th New York Assembly District, which encompasses all of Oswego County, as well as parts of Jefferson and Cayuga counties.
OPINION: Don’t Forget the Other Elections this Year
We’re less than [80] days away from a presidential election that many Americans consider the most consequential of their lifetimes. So, it’s hardly surprising that most of the attention in the runup to November is focused there. But I’m here today to make a plea: Pay attention to congressional and legislative contests, too. I say
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We’re less than [80] days away from a presidential election that many Americans consider the most consequential of their lifetimes. So, it’s hardly surprising that most of the attention in the runup to November is focused there. But I’m here today to make a plea: Pay attention to congressional and legislative contests, too.
I say this not out of some civic do-gooder belief that all public offices matter, but because what happens in this year’s congressional and legislative races will have real consequences for this country’s direction. It matters who gets elected president and governor. But it matters just as much who controls the legislative bodies they have to work with [to pass new laws].
Let me draw from my own career to explain. I first went to Congress nearly 60 years ago, in 1965. The 89th Congress was controlled by Democrats in both chambers, and there was a Democratic president, Lyndon Baines Johnson. Together, they produced what’s been hailed as possibly the most successful Congress ever. In all, 810 bills were enacted, including the creation of Medicare and Medicaid, the Voting Rights Act, the Older Americans Act, the Elementary and Secondary Education Act, the Higher Education Act, the Water Quality Act, the Freedom of Information Act, the Highway Safety Act, the Financial Institutions Supervisory Act, and more. It’s fair to say that the U.S. was a safer, more equitable, more opportunity-laden place when we got done than before we started.
The last Congress I served in was the 105th, which ended in early January 1999. The contrast couldn’t have been starker. A Democratic president, Bill Clinton, spent the years of the 105th confronting a Republican-controlled House and a Republican-controlled Senate. Not surprisingly, much less got done. There were 394 bills enacted — fewer than half the number of the 89th. In a newsletter to constituents at the time, I wrote, “The 105th Congress did have some significant accomplishments” but overall “the legislative record of the 105th Congress was meager. Only a limited number of important measures passed, many key initiatives died, and the leisurely pace meant fewer legislative days this year than any in memory. Most agree that Congress left town with a lot of America’s business unfinished.”
You don’t even have to tally legislative accomplishments to understand how House and Senate elections matter. Eight years ago, after the death of Supreme Court Justice Antonin Scalia, President Barack Obama tapped a centrist, Merrick Garland, as his choice to replace Scalia. But Republicans controlled the Senate and Majority Leader Mitch McConnell announced that the Senate would not confirm any appointment by Obama; instead, it would wait until the next president put forth a nominee. You know what happened: Donald Trump won the presidency and filled the seat with a conservative, Neil Gorsuch. The course of the last eight years would likely have been quite different had Garland been seated.
Which brings us to state legislative elections. One obvious consequence of the conservative majority on the Supreme Court has been a sharp decline in the availability of abortions and reproductive health care nationwide in the wake of the Court’s 2022 Dobbs decision undoing Roe v. Wade. In all, 22 states now completely ban or severely restrict abortions. Meanwhile, 20 other state legislatures have acted to add new protections to abortion rights. This is a function of who controls the legislatures (and governorships) in those states. You may be pleased or alarmed by the direction your state has moved in the two years since the Dobbs decision, but it would be hard to argue that state legislative elections don’t matter.
So, before you go to the polls this year, pay attention to the candidates who are running for Congress and the legislature: what they stand for, the policies they want to pursue, how serious they are about governing. And pay attention, too, to what you want to see happen: If you want our next President or your next governor to get a lot done, you’ll want to see a congressional or legislative majority of the same party. If you don’t want much to get accomplished, you’ll favor an executive dealing with a Congress or legislature of the opposite party. Either way, your down-ballot vote will matter.
Lee Hamilton, 93, is a senior advisor for the Indiana University (IU) Center on Representative Government, distinguished scholar at the IU Hamilton Lugar School of Global and International Studies, and professor of practice at the IU O’Neill School of Public and Environmental Affairs. Hamilton, a Democrat, was a member of the U.S. House of Representatives for 34 years (1965-1999), representing a district in south-central Indiana.
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