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Carrols reports Q2 profit increase, raises outlook
SYRACUSE — Carrols Restaurant Group, Inc. (NASDAQ: TAST) on Aug. 7 reported net income of $7.8 million, or 17 cents per share, in the second quarter that ended July 1. That’s up 30 percent from $6 million, or 13 cents, in the same quarter in 2017, the firm said in its earnings report. Syracuse–based Carrols, […]
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SYRACUSE — Carrols Restaurant Group, Inc. (NASDAQ: TAST) on Aug. 7 reported net income of $7.8 million, or 17 cents per share, in the second quarter that ended July 1. That’s up 30 percent from $6 million, or 13 cents, in the same quarter in 2017, the firm said in its earnings report.
Syracuse–based Carrols, the world’s largest Burger King franchisee, is also raising its full-year outlook for 2018.
The company reported adjusted net income of $10 million, or 22 cents a share, an increase of 51 percent from $6.6 million, or 14 cents, in the prior-year quarter. Adjusted net income excludes one-time items such as impairment and other lease charges as well as acquisition costs, Carrols said.
Carrols said its restaurant sales totaled $303 million in the latest quarter, up more than 8 percent from $279.5 million in the second quarter of 2017. Comparable restaurant sales increased 5 percent compared to a 4.6 percent increase in the prior-year quarter.
Carrols also reported adjusted EBITDA of $32.8 million, an increased more than 19 percent from $27.5 million in the second quarter a year ago. EBITDA is short for earnings before interest, taxes, depreciation, and amortization.
CEO reaction
Carrols delivered a “solid” quarter reflecting 8.4 percent top line growth, a 5 percent increase in comparable restaurant sales, and it generated “significant” increases in restaurant-level EBITDA and adjusted EBITDA, which rose 16.7 percent and 19.4 percent, respectively,” Daniel Accordino, CEO of Carrols Restaurant Group, said in the earnings report.
“Sales were strong across all day parts and reflected continued success of the 2 for $6 mix and match promotion, and the popularity of the King sandwich line including the new Sourdough sandwiches. These offerings provided an effective balance to our value promotions and other limited time offers as part of the brand’s successful barbell menu strategy,” he said.
Carrols’ acquisition “pipeline is active” with the firm currently working on several transactions, he added.
“We recently exercised our right of first refusal for the purchase of 31 Burger King restaurants in Virginia and two restaurants in Michigan. We expect that these transactions, along with a couple of other small acquisitions, will close before the end of the third quarter of 2018,” said Accordino.
Carrols owned and operated 807 Burger King restaurants at the end of the second quarter of 2018, the firm said.
Carrols is also raising its overall outlook for 2018, “given our performance year-to-date and expectations for the remainder of the year, we are raising our overall outlook for 2018,” Accordino said.
“While we remain cautiously optimistic regarding comparable restaurant sales trends as we lap our very strong performance in the second half of last year, we expect adjusted EBITDA to now grow to $100 million to $105 million compared to $91.4 million in 2017,” he added.
Raising outlook
Carrols is revising its guidance for 2018 which includes the anticipated acquisition of 37 Burger King restaurants that it expects to complete in the third quarter.
At the same time, Carrols expects to close between 15 and 20 existing restaurants. Five of those restaurants “have already closed,” the company said. It had previously announced plans to close between 20 and 25 restaurants.
The firm is also expecting total restaurant sales of between $1.16 billion and $1.18 billion, which is up from its previous guidance of between $1.15 billion and $1.17 billion.
The updated guidance includes a comparable restaurant sales increase of between 3 percent and 4 percent, which has been narrowed from the previously anticipated increase of between 3 percent and 5 percent.

Ichor Therapeutics buys nearby building for LaFayette expansion
LAFAYETTE — Ichor Therapeutics has purchased the former LaFayette Family Health Center at 2561 Route 11 to expand its operations with plans for additional hiring. Ichor (pronounced EYE-core) Therapeutics is a biotechnology company that develops therapeutic interventions for age-associated disease. The firm, located at 2521 Route 11 in LaFayette, on Aug. 2 announced it was
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LAFAYETTE — Ichor Therapeutics has purchased the former LaFayette Family Health Center at 2561 Route 11 to expand its operations with plans for additional hiring.
Ichor (pronounced EYE-core) Therapeutics is a biotechnology company that develops therapeutic interventions for age-associated disease.
The firm, located at 2521 Route 11 in LaFayette, on Aug. 2 announced it was getting the building for additional research and development (R&D) work. Ichor is purchasing the 5,400-square-foot building just north of its 8,400-square-foot office on Route 11, Kelsey Moody, CEO at Ichor Therapeutics, said at the announcement event outside the Ichor office that day.
The Syracuse Community Health Center (SCHC) closed the LaFayette Family Health Center on Aug. 1, 2017, according to an SCHC news release.
Ichor Therapeutics bought the building from LaFayette Commons III, LLC and expects “to have everything finalized within a few weeks,” Moody said in an email reply to an Aug. 7 CNYBJ inquiry.
Petersen Cor Associates, LLC of Van Buren will handle the construction work on the project. The renovations will support Ichor Therapeutics’ R&D efforts, including clean rooms, laboratory space, and some office space, Moody added.
“We’ve closed on a $2 million infrastructure investment that will allow us to grow our company to 13,000 square feet and put on an additional 14 full-time employees… Our goal with this is to be able to partner with higher [education] institutions and other early-stage companies to help them move promising technology from a discovery stage and into an actual product pipeline and get that to the clinic,” Moody said in his Aug. 2 event remarks.
Ichor has secured the funding for the expansion from its “founding investor who’s a self-made millionaire and entrepreneur in the United Kingdom,” Moody said.
Besides the planned expansion, the firm also heralded the formation of Grapeseed Bio, which it describes as a life-science “strategic fund and accelerator program.”
Ichor is also partnering with SUNY College of Environmental Science and Forestry (SUNY-ESF) in Syracuse to train graduate students in researching drugs that could combat age-related illnesses.
Ichor Therapeutics is “arguably the most successful” life science start-up in Central New York, having raised millions to support various translational research programs since its founding in 2013. “It continues to double in size annually,” according to a news release about Grapeseed Bio.
Grapeseed Bio
Ichor has created an investment fund called Grapeseed Bio, a seed fund that will support companies that have “very early, probably non-fundable, early-stage ideas,” said Moody. Besides his role as Ichor Therapeutics CEO, Moody is also a managing partner of Grapeseed Bio.
Ichor Therapeutics has earmarked $1 million in funding for the program, the firm said in its news release about the fund.
Through this program, life-science entrepreneurs receive up to $100,000 in seed funding, technical training, full access to Ichor’s research laboratory, and mentorship in exchange for equity.
“To kick start this program, we’ve actually done a $75,000 placement in a virtual biotech company out of Texas called Repair Biotechnologies, which is doing some excellent work in the treatment of atherosclorosis and also reversing age-associated loss of immune function,” said Moody.
Atherosclerosis is the build-up of fats, cholesterol, and other substances in and on the artery walls.
The Texas firm plans to move to LaFayette and work with Ichor and occupy its laboratory “to move their programs forward.” The firm plans to bring two or three full-time employees for its work with Ichor, according to Moody.
Ichor, SUNY-ESF partnership
The educational component of the partnership will occur at SUNY-ESF, where students will focus on biochemistry, chemistry, or bioprocess engineering, according to an ESF release. Their laboratory research will primarily happen at the Ichor facilities.
The scientific study of human aging has “exploded” in recent years, driven by a “growing understanding” of age-related disease and associated molecular pathways. The use of drugs for targeted purposes, such as selectively destroying toxic senescent (aging) cells, has been identified as a “method” for increasing mammalian lifespan. It’s resulted in a “demand for qualified,” post-graduate-level scientists to support “emerging pharmaceutical companies, such as Ichor Therapeutics,” ESF said.
“This initiative will allow graduate students to leverage their work experience at Ichor Therapeutics with the scientific expertise of the world-class faculty at ESF. This represents an ideal industrial-academic collaboration,” Chris Nomura, VP of research at ESF, said in the school’s news release.

WISE Women’s Business Center settles into new location in Axa Tower I
SYRACUSE — The WISE Women’s Business Center has relocated to the lobby of Axa Tower I after operating at the nearby Tech Garden since 2012. Axa Tower I is located at 100 Madison St. in Syracuse. An open house is planned for October, the WISE Center said in a release. The WISE Center occupies half
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SYRACUSE — The WISE Women’s Business Center has relocated to the lobby of Axa Tower I after operating at the nearby Tech Garden since 2012.
Axa Tower I is located at 100 Madison St. in Syracuse. An open house is planned for October, the WISE Center said in a release.
The WISE Center occupies half of a 3,000-square-foot space in Axa Tower I. It previously operated in a 1,000-square-foot space in the Tech Garden.
The WISE Women’s Business Center is a program of the Falcone Center for Entrepreneurship, housed in Syracuse University’s Martin J. Whitman School of Management. WISE stands for Women Igniting the Spirit of Entrepreneurship.
The new space allows the WISE Women’s Business Center to remain downtown to offer its programming and to remain close to the Centro transit hub at 599 S. Salina St. and accessible for women who rely on public transportation.
“This couldn’t be better,” says Joanne Lenweaver, director of the WISE Women’s Business Center, who spoke to CNYBJ on Aug. 7.
Accessibility to those in underserved areas is a stipulation of its federal-grant funding, Lenweaver notes.
The Tech Garden, which is a program of CenterState CEO, didn’t renew the WISE Center’s lease, which ended last September, according to Lenweaver. The WISE Women’s Business Center remained on a month-to-month lease as it searched for a new space for operations.
Elle Hanna, director of communications and media relations at CenterState CEO, said in a statement to CNYBJ, “About a year before WISE’s lease was set to expire, we approached Joanne Lenweaver and the WISE advisory board to discuss our preliminary plans for some long overdue capital improvements including a new entrance and more common space to accommodate the Tech Garden’s growing population of startups. We knew these improvements would impact the space WISE occupied, and given that they are an important partner in the work we do, we wanted to engage them and come to a solution that best fit the needs of everyone prior to any lease renewal. Among the solutions explored was alternative space for WISE within the Tech Garden, and a month to month arrangement once the lease expired to give them more time to find a space that best fit their needs. Ultimately, their board found such a space next door in AXA Towers, which is already leased by Syracuse University, one of WISE’s main funders. We remain grateful to have strong partners like WISE as they do important work supporting our innovation ecosystem and the region’s entrepreneurs,” said Hanna.
Lenweaver says she looked at 20 properties over the course of a year in her search for a new space.
The organization moved to its new space on July 24 and began operations there July 30.
Lenweaver is one of two full-time employees at the WISE Women’s Business Center. The organization also has three independent contractors.
The WISE Women’s Business Center offers free, confidential business counseling and organizes networking events, including the annual WISE Symposium with “high-profile” speakers and weekly roundtable discussions where women business owners “share advice and support,” according to an Aug. 3 statement from the U.S. Small Business Administration (SBA) congratulating the organization on its move to a new space.
The WISE Women’s Business Center is one of more than 100 women’s business centers funded by the SBA, the agency said.
Available space
Lenweaver learned of the available space in early July.
M.I.N.D. lab, a program of Syracuse University’s S.I. Newhouse School of Public Communications, has operated in the space for the past five years. M.I.N.D. is short for Media Interface and Networking Design.
Some changes in grants and staffing prompted the Newhouse School to consider its use of space in the Axa Tower, according to Lenweaver.
“Maybe [M.I.N.D. lab] didn’t need 3,000 square feet [for operations in the Axa Tower I],” she adds.
At the time, the WISE Women’s Business Center had been considering another space in the same building “down the hall,” but was asked if it would consider sharing the space with the M.I.N.D. lab, and Lenweaver said it would.
The WISE Women’s Business Center is using the space through a co-agreement between the Whitman and Newhouse schools, says Lenweaver.
About WISE
WISE was established more than 10 years ago, evolving from the Falcone Center’s WISE Symposium, launched 16 years ago as a single-day event. The goal was to educate women on their options for growing and/or starting a small business. The annual event, which has featured such speakers as Barbara Corcoran from ABC’s Shark Tank, grew to nearly 1,000 attendees.
“After four years, participants wanted more,” according to the news release. Some of those attending the event started asking for additional help.
“Now what do I do? Where would I go to ask questions?” Lenweaver recalled.
In 2006, the Whitman School secured a grant from the U.S. Small Business Administration to establish the WISE Women’s Business Center. To date, it has provided more than 10,000 hours of entrepreneurship counseling and training for women, “particularly those who are underserved.”
“Our congratulations to center director Joanne Lenweaver for her vision and courage to take the WISE Women’s Business Center to the next level. SBA has supported the WISE Women’s Business Center with over $1.5 million in grant funds since it was established in 2006. We look forward to seeing WISE continue to serve women entrepreneurs from the heart of downtown Syracuse,” Bernard J. Paprocki, SBA Syracuse district director, said in a statement that the SBA issued Aug. 3.
The WISE Center had operated in the Tech Garden since 2012, after having operated its first six years at the South Side Innovation Center.

8 Onondaga County libraries receive construction grants
SYRACUSE — State Senator David J. Valesky (D-Oneida) announced that eight libraries in Onondaga County have been awarded public library construction grant funds. The capital funds, provided for in the 2017 New York State Budget, will enable the libraries to start or complete various projects that will improve patron services. “Libraries across my district continuously
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SYRACUSE — State Senator David J. Valesky (D-Oneida) announced that eight libraries in Onondaga County have been awarded public library construction grant funds. The capital funds, provided for in the 2017 New York State Budget, will enable the libraries to start or complete various projects that will improve patron services.
“Libraries across my district continuously report increased patronage,” Sen. Valesky said in a news release. “I am pleased to be able to support this grant funding to help libraries with building upgrades and improved services to meet community needs.”
The following eight libraries in Onondaga County are receiving grants.
• Liverpool Public Library — $7,158 for upgrades to the pavilion area of the library to improve ADA access and security.
• Northern Onondaga Public Library at Brewerton — $57,569 to replace the original roof and five skylights.
• Northern Onondaga Public Library at Cicero — $46,370 to replace the roof and restore the water-damaged wall and book drop.
• Northern Onondaga Public Library at North Syracuse — $103,488 to upgrade to LED lighting and to renovate the patron service and workroom areas.
• Onondaga County Public Library, Beauchamp Branch — $16,500 to replace the HVAC system.
• Onondaga County Public Library, Central Library — $115,211 to renovate the basement level of the library.
• Onondaga County Public Library, Mundy Branch — $45,917 to replace the HVAC system.
• Tully Free Library — $5,754 to replace the library’s existing fluorescent lighting with LED lighting.
New York’s public libraries are in “urgent need” of renovation and upgrading, Valesky contended. A recent survey showed a “documented need” for public library construction and renovation projects totaling more than $1.7 billion. More than 51 percent of the over 1,000 public library buildings in communities across New York are more than 60 years old. Another 33 percent are over three decades old, the release stated. Many of New York’s local public libraries cannot accommodate users with disabilities, are energy inefficient, and lack Internet, computer, and other electronic technologies for users because of outdated and inadequate electrical wiring. Many libraries lack sufficient space to house their expanding collection, address the need for adequate meeting room, or provide for public -access computers, Valesky added.
Project activities and expenditures eligible for grants from the State Aid for Library Construction Program include financing construction of new library buildings, construction of additions to existing buildings, and the renovation and/or rehabilitation of existing space. Projects may include roof replacement, purchase and installation of alternative-energy resources, new HVAC systems, windows, doors, lighting systems, electrical upgrades, and construction of new or replacement of old walkways and parking lots, per the release. New furniture, shelving and equipment, including computer equipment, may be purchased for new or newly reconfigured or renovated space. Renovations designed to provide accessibility for patrons with disabilities are a “high priority.”
Nob Hill Apartments complex sells for $58.5M
SYRACUSE — The Nob Hill Apartments, one of the largest apartment complexes in the region, was recently sold for $58.5 million. Sinatra & Company Real Estate of Buffalo bought the 761-unit multifamily complex, located at 100 Lafayette Road in Syracuse, in a joint venture with Santa Monica, California–based hotel management and development company, Windsor Capital Group,
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SYRACUSE — The Nob Hill Apartments, one of the largest apartment complexes in the region, was recently sold for $58.5 million.
Sinatra & Company Real Estate of Buffalo bought the 761-unit multifamily complex, located at 100 Lafayette Road in Syracuse, in a joint venture with Santa Monica, California–based hotel management and development company, Windsor Capital Group, and a minority equity investment from Basalt Capital LLC, a real-estate investment and advisory firm. The seller was Nob Hill of Syracuse Apartments LLC.
Pyramid Brokerage Company’s Robert W. Scherreik and John L. Clark, along with Cushman & Wakefield’s East Rutherford–based Capital Markets Group team of Andrew Merin, David Bernhaut, Gary Gabriel, Brian Whitmer, and Ryan Dowd procured the buyer and represented the seller in the transaction, the real-estate firm said in a release.
The new owners plan to implement a renovation and updating initiative.
“This premier residential asset is well-situated in a town that has seen compelling growth in the education and medical sectors that have benefited the community,” Scherreik said in the release. “The multifamily market in Syracuse remains on solid footing and is highly desirable to investors. Nob Hill demonstrates the strength of these market fundamentals as evidenced by consistent historically strong occupancy rates,” added Whitmer.
Set on 27.6 acres and offering a mix of one-, two- and three-bedroom apartments, Nob Hill includes four mid-rise apartment buildings, a free-standing clubhouse, and an indoor parking garage. Each building features a first-floor community room, storage space for each apartment, and laundry facilities on all the upper floors. On-site amenities include a fitness center, a playground, a picnic area, fire pits, and a large outdoor swimming pool with sundeck, the release noted.
$13M project to replace State Route 37B bridge in Massena wraps up
MASSENA — New York Gov. Andrew M. Cuomo recently announced the completion of a $13 million project that replaced the bridge carrying State Route 37B (Parker Avenue) over the Grasse River in the village of Massena in St. Lawrence County. The project, which began in the summer of 2016, replaced an “aging bridge with a
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MASSENA — New York Gov. Andrew M. Cuomo recently announced the completion of a $13 million project that replaced the bridge carrying State Route 37B (Parker Avenue) over the Grasse River in the village of Massena in St. Lawrence County.
The project, which began in the summer of 2016, replaced an “aging bridge with a new structure that provides enhanced transportation and safety features,” the governor’s office said in a news release. The road includes a new roundabout to accommodate the movement of traffic, as well as “green space to enhance the community gateway.”
Construction crews began their work around the Main and Maple Street intersection, crossed the Grasse River, and ended around the Parker Avenue and East Orvis Street intersection. The new, two-lane bridge reconstructed highway approaches, added a roundabout, improved drainage, and added a pedestrian walkway.
”This new bridge, which is the single largest investment the Department of Transportation has made in Massena in many years, will help provide a pathway not only for transportation, but [also] for future economic growth in the North Country,” New York State Department of Transportation Acting Commissioner Paul A. Karas said in the release.
State Assemblywoman Addie A.E. Jenne (D–Theresa) added, “The completion of the bridge is long awaited and bodes well for the village’s future. Solid infrastructure and a strong sense of community have always been synonymous with Massena. As the community continues to rely on its long-standing industry and expands its tourism and recreational sectors, this bridge will help ensure the success of both.”
The completion of this project builds on other recent enhancements in Massena, including a $1.57 million project to pave 5.5 centerline miles from Route 56 to Route 131, as well as a $226,000 project to pave 1.4 center line miles on Andrews Street (Route 970C), the governor’s office said.
Virtual reality center expands at Destiny USA
SYRACUSE — The virtual world is expanding. Cuse VR is moving into larger space on the third level of the Canyon area in Destiny USA, across from Margaritaville. Prior to the move, the business operated as free-standing unit on the third level outside of Dave & Buster’s. Cuse VR has more than 15 virtual-reality experiences
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SYRACUSE — The virtual world is expanding. Cuse VR is moving into larger space on the third level of the Canyon area in Destiny USA, across from Margaritaville.
Prior to the move, the business operated as free-standing unit on the third level outside of Dave & Buster’s.
Cuse VR has more than 15 virtual-reality experiences to choose from, with no age or height requirements, according to a news release from Destiny. In its new 1,000-square-foot space, Cuse VR plans to add virtual reality rooms — self-contained areas with technology to deliver an enhanced multimedia virtual reality experience, the release said.
“Being able to sit or stand and have your mind believe you are doing something completely different is really what makes virtual reality so unique,” said Eric Taetsch, partner at Cuse VR. “We look forward to adding more unique adventures and simulators that will allow us to give our customers even more reasons to come back.”
Citywide Pharmacy leases space on East Molloy Road
DeWITT — Citywide Pharmacy recently leased 8,210 square feet of office service space in the building at 6295 East Molloy Road in the town of DeWitt. Cory LaDuke from Cushman & Wakefield/Pyramid Brokerage Company represented the tenant in this lease transaction, the real-estate firm said in a news release. Financial terms were not disclosed. Oliva
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DeWITT — Citywide Pharmacy recently leased 8,210 square feet of office service space in the building at 6295 East Molloy Road in the town of DeWitt.
Cory LaDuke from Cushman & Wakefield/Pyramid Brokerage Company represented the tenant in this lease transaction, the real-estate firm said in a news release. Financial terms were not disclosed.
Oliva Properties Co. owns the one story, 28,000-square-foot building at 6295 E. Molloy Road, according to Onondaga County’s online property records. The property is assessed at just over $630,000 for 2018. The building was constructed in 1975.
Culture Change Should Start with System Change
A business’s culture is often considered its bedrock. However, few really understand how culture forms and therefore struggle to know how to correct it when it seems to be straying. Culture is created from beliefs of employees about how things work. These beliefs are formed through daily behaviors and the response to these actions, and
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A business’s culture is often considered its bedrock. However, few really understand how culture forms and therefore struggle to know how to correct it when it seems to be straying.
Culture is created from beliefs of employees about how things work. These beliefs are formed through daily behaviors and the response to these actions, and employee behaviors are typically defined or supported by the systems, human and technical, conscious and unconscious, embedded in the organization. So when change is desired, there are three points of entry, but only one can make a difference.
Leadership typically and unfortunately starts from what they perceive is the easiest but is actually the most complex — employee beliefs. The most common ways you’ve probably seen are by handing down edicts where employees are told to do or not do something new or different. Posters, catchphrases, and new mission statements often appear in an effort to motivate or inspire. Unfortunately these commands, words, and billboards are routinely dismissed and/or mocked as toothless reminders of corporate paternalism. However, this approach isn’t done in isolation, it is typically coupled with another point of entry, behaviors.
Directly addressing employee behaviors is a next-level-up effort, but again will often fall short of lasting change. Behavior change is driven by training and/or incentive programs to bring about new attitudes and actions or remove unwanted ones. These efforts only work temporarily because they are left unsupported by management and incentives are rarely made permanent. When both evaporate, employee behavior returns to status quo. These approaches are commonly used by leadership because they will see fast but sadly only temporary change.
The final entry point is the only one that doesn’t directly target employees and is the path rarely taken because it can shake the organization’s landscape. Systems change is indirect behavior change and it is the element in an organization that has the greatest influence on the previous two. Systems-change efforts can be catalytic mechanisms because of the far-reaching and sometimes unexpected transformation they bring. It is a scary proposition for the status quo but ultimately it is the systems that drive behaviors and behaviors are what create beliefs, and the beliefs form the culture.
Take for example the strong desire today to remain competitive through innovation. We need not look much further than an organization’s intertwined systems of communication and trust for the change. Trust takes on different forms based on communication beliefs. When communication is closed and only top-down, managers direct and employees act. Managers subsequently trust only those that comply and employees trust that if they comply, they will be rewarded (or not punished). This is how a culture of compliance is born; the system of communication supports compliant behaviors and leads to a belief about what matters most in the organization. Compliance is easy and clean but hardly advances the business. If, however, we have an open communication system where managers trust employees to be autonomous and do what is necessary and get what they need, we then create environments where networks thrive and information moves uninhibited. This is fertile soil for high retention, creativity and innovation.
Systems, behaviors, beliefs. Where does your organization begin change efforts? Is it working?
Mark Britz is a workforce-performance strategist who has launched ThruWork (ThruWork.com), a talent-development consultancy for small to mid-sized businesses. The company specializes in solving organizational performance problems and focuses on non-training approaches to scale employee performance. Contact Britz at (315) 552-0538 or email: mark@thruwork.com or check out @Britz on Twitter.
My office received several calls regarding Gov. Andrew Cuomo’s recent “conditional” pardons of more than 24,000 convicted felons who are currently on parole. The calls were prompted because it became known that at least 77 sexual predators were among the 24,000 felons who received conditional pardons. Further, although unrelated to the 24,000 “conditional” pardons, the governor
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My office received several calls regarding Gov. Andrew Cuomo’s recent “conditional” pardons of more than 24,000 convicted felons who are currently on parole. The calls were prompted because it became known that at least 77 sexual predators were among the 24,000 felons who received conditional pardons. Further, although unrelated to the 24,000 “conditional” pardons, the governor also fully pardoned seven illegal immigrants who were facing potential deportation because of crimes they had committed while in the U.S.
Everyone who reached out to my office was opposed to the pardons, however, there is confusion as to who is being pardoned, why they are being pardoned, and what the pardons mean. Accordingly, the following is an attempt to try to explain the power the governor has to grant pardons and how, in these latest cases, his exercise of this power differs from how pardon power traditionally has been used.
Pursuant to Article IV, §4 of the New York State Constitution, the governor seemingly has the broad power to grant reprieves, commutations, and pardons. This power, in a more general sense, is known as clemency power and the federal government and all 50 states have some sort of clemency power enshrined in each of their respective constitutions. A pardon is the broadest power of clemency and it has been defined as the official nullification of punishment or other legal consequence of a crime. Clemency power in American law has its roots, like much of our legal system, in English law. It likely came from the idea that because English monarchs had the absolute control over the power of punishment, they also had the power to remit punishment as an act of mercy. After the American Revolution, the power of clemency, for the most part, was vested in the state’s chief executive officer, aka the governor, and in the case of the federal government, the president. Clemency was seen as sort of a last chance of mercy particularly when an injustice had occurred in the criminal justice process.
Today, clemency has been granted for several reasons, among those being: to correct unduly severe sentences; for mitigating circumstances; for innocence or dubious guilt; to restore civil rights; and for services to the state. In New York, there is an Executive Clemency Bureau where those seeking a pardon can apply for clemency. The bureau sends the applications to the governor for his consideration. For the most part, pardons have been granted on a case-by-case basis when the governor feels justice will be served by granting clemency.
The recent “conditional” pardons of the 24,000 parolees is a substantial break from tradition in that the pardons are not made on a case-by-case basis but rather granted wholesale in an effort to achieve a policy goal that apparently the governor believes cannot be accomplished legislatively. Pursuant to state election law, no person convicted of a felony can vote until he or she has served their prison sentence and has been discharged from parole. The governor believes that parolees should have the right to vote. However, instead of trying to change the law in a traditional way, i.e., by convincing the public and legislators that this is good public policy and the law should be changed, he, instead, unilaterally granted more than 24,000 parolees “conditional” pardons granting them the right to vote.
Perhaps the governor realized that trying to change the law legislatively would be a tough sell. He may understand that the public might question why various convicted felons who have been released from prison by a governor-appointed parole board should now also be granted one of the most sacred rights in our country — the right to vote. One beneficiary of the governor’s pardon is Herman Bell, who was granted parole over the objection of many in law enforcement and his victims’ families. Bell was convicted after luring two NYPD officers to a housing project and shooting them from behind after they begged for their lives. Another beneficiary is Hector Aviles, known as the voodoo rapist, who sexually assaulted three victims, the oldest of whom was 16. Indeed, the public might question why 77 sexual predators deemed too dangerous to be returned to the community and are subject to civil confinement are now being granted the right to vote by the unilateral largesse of the governor.
The governor’s power to grant clemency is a broad power and not subject to checks from the other branches of government. For these reasons, it should be used sparely and in the course of furthering justice. Using it to set policy, as is the case with these pardons, is a terrible precedent that should be strongly pushed back against by the public and by the legislature. If you have any questions or comments regarding this or any other state issue, please contact me.
William (Will) A. Barclay is the Republican representative of the 120th New York Assembly District, which encompasses most of Oswego County, including the cities of Oswego and Fulton, as well as the town of Lysander in Onondaga County and town of Ellisburg in Jefferson County. Contact him at barclaw@assembly.state.ny.us; (315) 598-5185; or friend him on Facebook.
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