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Hoping That on Day 1, Everything Changes
It’s been a remarkable few years in Albany. Three members of the Assembly, one Senator and one cabinet-level agency head have been convicted of political crimes. Two Assemblymembers and two Senators are currently under investigation. And the state Comptroller has been forced to resign. You would think that lawmakers would respond to such controversies by holding hearings, drafting legislation and advancing reforms. Yet, in Albany, little significant change has occurred. Obviously, enacting reforms cannot guarantee that government will be scandal-free. There will always be those who seek to enrich themselves at the public’s expense. But a strict ethics code that is vigorously enforced will help keep lawmakers on the straight and narrow. Right now New York has neither aggressive enforcement, nor ethical toughness. Ethics enforcement is done in an unusual way in New York. Unlike most of the rest of the country, New York splits its ethics enforcement between two agencies. The State Ethics Commission (with 3 of its 5 members chosen by the governor) enforces the law for the executive (read governor’s) branch. The Legislative Ethics Committee enforces the law for the legislative branch. But the membership of this committee consists of the legislators themselves – and they meet in secret. How can such self-regulation work? It doesn’t. And the steady stream of scandals coming out of the Capitol shows that the current system needs a major overhaul, not a cosmetic makeover. One place to start is to create a single, independent ethics commission to oversee both the executive and legislative branches of government. Ironically, Senate Majority Leader Bruno helped make the case for the creation of a new, independent ethics enforcer when he commented "As a part-time legislator, I and my colleagues are permitted to have outside law practices or business interests. My interests outside of the Legislature have all been cleared and approved by the Legislative Ethics Committee." Senator Bruno controls the Senate and appoints the Senate's Legislative Ethics Committee. If legislators are to be allowed to have outside commercial interests, those activities must be strictly limited to prevent conflicts of interest, include greater public disclosure, and they must be monitored by an independent ethics agency. All of the following contribute to ethics problems in Albany: 1) Misuse of “member items.” So-called member items are taxpayer dollars used by lawmakers to fund local projects. Most of the time, the money is spent on worthy charities, but not always. In one case, for example, a legislator skimmed some of the money off the top and kept it for himself. 2) The personal use of campaign contributions. One lawmaker used his campaign contributions to pay for improvements to his house. 3) Inappropriate business relationships between lawmakers and lobbyists or those receiving government contracts. In one case, a lawmaker has a business partnership with a lobbyist who is seeking a government contract. 4) Lax ethics enforcement. Why else would public officials think they could get away with it? The governor-elect must attack the "unseemliness" (his words) of Albany’s ethically-challenged culture by advancing a package of ethics reforms. This package must include the creation of an independent ethics watchdog, strict limits on the outside business interests of officials, a ban on gifts, an overhaul of the member item system, and greater openness. For the sake of all New Yorkers, when it comes to ethics, everyone should hope that on Day 1, everything changes. That’s all for now. I’ll be keeping an eye on the Capitol and will talk to you next week. |
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