It is clear that the various New York “Ethics Reforms” the Legislature and Governor have Implemented over the years have Failed. Recent Convictions of Close Aides to the Governor are only the latest example, as Legislators from Both Parties, including the most Powerful Legislative Leaders, have faced Corruption Charges for years now. In an effort to Address this Chronic Issue that undermines Faith in our Government, my State Senator Liz Krueger (D-28th District) has been working with a wide range of Advocates to develop a truly Independent Ethics Enforcement Structure.
She has joined her Assembly Colleague Robert Carroll (D-44th District) in introducing an Anti-Corruption Constitutional Amendment (S8309/A10651). Amending the State Constitution is a Complicated Process, but she believes that Enshrining Ethics in the State Constitution is a necessary Response to the Failure of Existing Ethics Oversight Bodies. The Anti-Corruption Amendment would Create the Commission on State Government Integrity to replace the Joint Commission on Public Ethics (JCOPE) and the Legislative Ethics Commission (LEC). These Two Bodies Lack the Independence needed to be Effective Enforcers of Ethics Laws.
Unlike JCOPE and LEC, a Majority of the Members of the New Integrity Commission would be Appointed by the Judiciary, and only a Minority by the Bodies being Regulated. The Integrity Commission would also Operate by Majority Vote. Currently, New York is the Only State where the Ethics Commission does not already do so. Incredibly, Two of the Governor’s Appointees to the 14-Member JCOPE can Veto an Investigation or a Finding of Violation, as can Three of the Appointees of the Legislative Leaders.
New York is also Marked by its Division of Ethics Enforcement Responsibility. JCOPE can find a Violation by Executive Branch Officials or Employees and Impose a Fine but only the LEC can find a Violation by or Fine a Legislative Branch Official or Employee. The LEC may Reject JCOPE’s Interpretation of the Law. In all Cases, Discipline: Admonishment, Censure, Demotion, Suspension, or Removal, is left to the Discretion of the Entity in which the Official or Employee Works. The Integrity Commission would have Full Discipline Authority over Both Branches except that the Legislature could Overrule Censure or Removal of an Elected Official.
Ethics and other Rules barring Official Misconduct are only as good as the Mechanism available to Enforce them. Without an Adequate Enforcement Mechanism these Rules Exist only on Paper without Real World Force or Effect. “Paper” Rules do Nothing to Combat what far too many see as a Culture of Corruption and Pay-to-Play in Albany.
Other Key Features of the Anti-Corruption Amendment include the following:
- Unlike JCOPE, where the Person Appointing a Member can Remove that Member for what the Appointing Authority deems to be Substantial Neglect of Duty, Members of the Commission could be Removed for Cause only through a Process by which a Majority of the Commission Votes to make an Application for Removal to the Court of Appeals.
- The Commission would have Jurisdiction and Enforcement Power over State Ethics, Lobbying, and Campaign Finance Laws.
- Ex Parte Communications between Commission Members and their Appointing Authorities and related Staff would be Barred, and No Member could have Held Office, Employment in State Government, or any Political Party, or been Engaged as a Lobbyist in the Three years Prior to their Appointment or during their Term.
- Transparency Laws would Apply Equally to the Executive and Legislative Branches.
- All State Officers and Employees would have an Ethical Duty to Report known Misconduct to the Commission and would be Protected against Retaliation.
- Specifically defines Sexual Harassment as Unethical Conduct, and Requires the Establishment of a Special Unit to Address Harassment Complaints.
- The Integrity Commission would have Full Authority to Sanction Officers or Employee of Public Authorities.
The Primary reason for Utilizing the Constitutional Amendment Process is to Ensure the Independence of the Commission. A Constitutional Amendment is required to allow Judicial Appointments to a Commission Overseeing the Legislative and Executive Branches, as well as to Grant Enforcement Powers over these Different Sections of Law to a Single Body.
With All the Disturbing News out of Washington, it is easy to lose Focus on what we still need to Fix in New York. Liz has been Gratified to see the Amount of Support this Amendment has garnered since She first introduced it, and She will be Pushing for Quick Action on it when the New Legislative Session begins in January.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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