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One Step Forward, One Step Back
Government ethics in New York took one step forward in March. The New York Lobbying Commission ruled that lobbyists are restricted to giving no more than $75 total in gifts per policymaker, per year. This is a big step forward from the interpretation that allowed lobbyists to give no more than $75 per “incident,” even if such incidents occurred on the same day. Despite overwhelming public support for a gift ban (a recent poll showed New York voters in support by a more than 4 to 1 margin), lawmakers refused to act. Into that void stepped the Lobbying Commission, which took upon itself strengthening the state’s ethics within the powers granted to it under the lobbying law. The Lobbying Commission deserves credit for taking this bold move. The new rule not only covers state lawmakers and Albany’s lobbyists, it applies to officials and lobbyists at the local governmental level as well (such as the city of Albany). Can reformers now declare victory and go home? Unfortunately, no. Lobbyists will be tempted to have "campaign fundraising dinners" in an effort to circumvent the Commission's restriction. And with a loophole-riddled campaign finance law coupled with lax enforcement by the Board of Elections, such dinners will be a tempting target. It is here that New York has taken one step back. It turns out that the campaign finance loophole that could allow “campaign fundraising dinners” is huge and impacts spending far beyond meals. For example, it was recently reported that current Insurance Superintendent Howard Mills is raising -- and spending -- campaign contributions even though he's not a candidate for office! Superintendent Mills, a former Assemblyman and US Senator Schumer’s opponent in 2004, continues to use his old Assembly campaign account to pay for meals, cellphone bills, and monthly car payments. New York’s election law does not allow campaign funds to be spent on personal uses "unrelated to a political campaign or the holding of a public office." Lawmakers have spent campaign funds on everything from trips to faraway vacations, country club memberships, box seats at sporting events, even a swimming pool cover and criminal defense lawyers. Lawmakers argue that such spending is OK as long as it is remotely connected to their roles as public officials. How can the state’s Insurance Superintendent raise and spend campaign contributions when he is not a candidate for office? Only if the state law is a joke and the Governor doesn’t seem to care. New York should not allow campaign funds to be used to subsidize lawmakers’ lifestyles. If you're not running for office, you should not be able to use your public office to raise and spend campaign contributions. If you're a lawmaker, you shouldn't be allowed to spend your campaign contributions on events with lobbyists. If you're raising campaign contributions, you should spend it on campaigning -- not personal expenses. But until the law is changed, Governor Pataki must raise the ethical bar. He should order all of his Cabinet-level officials to close all campaign accounts and donate any proceeds. He should then introduce legislation to shut down the “personal use” campaign finance loophole.. New Yorkers deserve a state government that continues to march toward openness and stronger ethics, not one that shuffles back and forth. Only Governor Pataki has the power to lead that march. He should take the lead. That’s all for now. I’ll be keeping an eye on the Capitol and will talk to you again next week. |
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