Most New Yorkers correctly assume that the state’s campaign finance system is a mess.  New York has the highest campaign contribution limits of any state that has limits, the law is riddled with loopholes and enforcement is essentially nonexistent.  One government-appointed commission described New York’s campaign finance law as a “disgrace.”

Not only is the State Board of Elections a toothless watchdog, it goes out of its way to make a bad campaign finance system worse.  One example is how the State Board treats Limited Liability Companies.

Limited liability companies are a way for businesses to organize themselves. LLCs have become the state’s most popular form of limited liability business entity and are favored by small business owners because it affords them the “managerial flexibility and favorable tax benefits of the partnership, while also providing the conventional limited liability protection of the corporation.”  LLCs are also quick, relatively simple and inexpensive to form, with “do-it-yourself” kits touting that organization papers may be drafted in a few hours.

New York’s Election Law does not specifically regulate political donations contributed by this new form of business entity. Read the rest of this entry »

FLAWED BUDGET AND ETHICS DEALS

The big news last week was the passage of the new state budget.  As has happened all-too-often, the budget was the product of horse trading and negotiations conducted in secret.  That’s right, despite the fact that it’s your money, Governor Cuomo and state lawmakers agreed to a $142 billion state budget and approved it in a way that meant that New Yorkers only found out the details after the fact.

And when deals get done in secret, too often rank and file lawmakers don’t have time to understand the consequences of their own budgetary decisions.

Such is the case with the ethics agreement.  The governor and legislative leaders cut a deal on changes to the state’s ethics laws and then jammed it into the education budget with only hours for public review.  As a result, despite the self-congratulatory news releases and spin, the closer one inspects the ethics deal, the weaker it gets. Read the rest of this entry »

In January of this year, then-Speaker of the Assembly Silver was arrested for his alleged abuse of power – using his official position to illegally obtain millions of dollars in outside income.  With thatarrest as a backdrop, in February Governor Cuomo organized a speech at New York University’s Law School to announce his ethics reform plan.  The governor had a number of options for addressing the central problems that contribute to New York’s ethical scandals, including: Read the rest of this entry »

THE GOVERNOR CUTS AN ETHICS DEAL WITH THE SPEAKER

Last week, Governor Cuomo and Assembly Speaker Heastie announced an agreement to strengthen New York’s ethics laws.  At that time, the governor touted the agreement as extraordinary, the “most stringent ethical policy in the United States of America.”

But no one really knows if the agreement is the best in the nation.  The only thing that has been disclosed about the details is in the governor’s news release.  No bill language was provided to the media or public.

However, the governor did disclose his proposals in his budget plan and he said that the agreement is consistent with those ideas.  Let’s take a look at what likely could be the best the public can expect in the governor-assembly agreement. Read the rest of this entry »

SUNSHINE WEEK AND GOV CUOMO’S 90-DAY EMAIL DELETION POLICY

Sunday marks the beginning of “Sunshine Week” a week in which the nation focuses its attention on government openness.  The “Week” makes it clear that it is important to maintain an open government, in order to ensure the proper relationship between public officials and the citizens they are pledged to serve.

The critical tool for holding policymakers accountable, as well as ensuring that the public is educated on policymaking, is the Freedom of Information Law.  The Law operates on one basic concept – that government information should be accessible to the public.  Without a strong open access law, it is virtually impossible for the public to adequately participate in, and monitor, governmental decision making.

Unfortunately, in Albany, a very dark cloud persists: The Cuomo Administration’s policy of requiring the elimination of emails after 90 days. Read the rest of this entry »