NY Good Government Groups Rate Gov. Ethics Package

The heads of three major good government groups gave their evaluation of the ethics proposals New York Gov. Andrew Cuomo included in his State of the State address and budget presentation.

Ethics Proposal Includes:

Closing LLC Loophole

Outside Income - Limit lawmakers' outside pay to 15 percent of their base salary.

Public Campaign Finance System

Pension Forfeiture - Strip the pension from any public employee found guilty of a felony.

Lobby Registration - Proposed change in law that would force political consultants and those seeking state contracts to register as lobbyists.

Nonpartisan Constitutional Convention Commission - Pledged to commit $1 million to fund a nonpartisan commission to help prepare for a constitutional convention where voters could have a chance to redraw New York's constitution.

Reforms to the Joint Commission on Public Ethics, or JCOPE - making the ethics watchdog subject to public meetings laws and requiring lawmakers to disclose their actual income rather than a range.

Susan Lerner of Common Cause, Dick Dadey of Citizens Union, and Blair Horner of the New York Public Interest Research Group expressed general contentment with most of what Cuomo unveiled during a press conference, but gathered to call for follow through and one key addition to the agenda.

The groups are quite pleased with Cuomo's plan to shut the LLC loophole, which allows donors to skirt the state's campaign contribution limits by creating multiple fronts. "We think the language the governor has proposed is strong and clear, and we do not have any suggestions for strengthening it, so please note that sometimes you can make good government groups happy," said Lerner regarding the loophole. Cuomo has been the greatest benefactor of the current system, though in the past he has expressed a belief that it should be closed while not necessarily fighting for that reform.

Lerner said she was also encouraged to see a public campaign finance proposal and election reforms put forward in Cuomo's plan.

Horner said that it was "proper" for Cuomo to put forth a bill limiting lawmakers' outside income to 15 percent of their state salary, which is currently $79,500, but may soon be increased. Still, he expressed disappointment that a measure of the bill that limits legislators from accepting advances from book sales does not apply to the executive branch. Overall Horner said he thought the proposal would "significantly reduce lawmakers' temptation to use private office for public gain." "The governor was given a historic opportunity to overhaul the state's campaign finance and election laws and in his State of the State message he largely delivered," said Horner.

Dadey, however, said Cuomo made a grave oversight by not proposing any bill that tackles "slush funds" in the state budget, pots of money that have been abused by legislators, as spotlighted in the cases against former Assembly Speaker Sheldon Silver and former state Senator Malcolm Smith. Dadey said that the pots of money are "rife with potential for corruption," and said that the governor and the legislature should shed more light on how the money is used. "These lump sums must not be allowed to exist in such large categories...but rather lined out in budget," said Dadey. "If there is a reason for them to continue to exist that needs to be publically disclosed."

The groups praised Cuomo's plan to make reforms to the Joint Commission on Public Ethics, or JCOPE, by making the ethics watchdog subject to public meetings laws and requiring lawmakers to disclose their actual income rather than a range. However, they said Cuomo didn't go far enough and that the structure of the board must be revamped to avoid deadlocks, the Comptroller and Attorney General should be allowed to appoint representatives, and the executive director should not be hired directly from the legislative or executive branches.

Dadey dismissed concerns that Cuomo did not make his ethics package part of his budget bills which would give him the upper hand in negotiations with the legislature. "I think they're so important that they have to stand alone. That's what I would like to think," said Dadey.

The groups had previously introduced a "Clean Conscience Pledge" at the start of the year, asking lawmakers and the governor to sign on to working to do everything they can to pass legislation limiting outside income, closing the LLC loophole, and making clear the purpose and recipients of discretionary funds in the budget.

So far 22 legislators have signed the pledge. Four of the signees are from the 103-member Assembly Democratic Majority, no members of the 31-member Republican Senate Majority have signed, nor has Governor Cuomo, a Democrat.











NYC Wins When Everyone Can Vote! Michael H. Drucker

NY Clean Conscience Pledge

The Clean Conscience Pledge was proposed by Citizens Union, Common Cause-New York and the New York Public Interest Research Group. It commits legislators to advance laws that limit legislators' outside income, close the campaign finance loophole for limited liability companies (LLC) and increase public transparency of discretionary spending.

My State Senator, Liz Kuegar, responded to my letter:



Dear Mr. Drucker

Thank you for contacting me regarding your support for the Clean Conscience Pledge. I have signed the pledge and I look forward to working with my colleagues in the legislature to enact legislation that will bring about real reforms.

The Clean Conscience Pledge calls for passing legislation that:

- limits outside income for legislators so we can focus on constituent needs,
- limits the ability of special interests to contribute unlimited amounts of money to all candidates for state office by closing the LLC loophole, and
- identifies the purpose for, and recipients of, all state funds allocated to be spent at the discretion of legislators and the governor to increase transparency and eliminate conflicts of interest.

These are all principles that I have long supported, and I cosponsor legislation to accomplish these goals. I will continue to make passage of legislation implementing these policies a top priority.

Thank you again for contacting me regarding these important issues. Do not hesitate to reach out to me again in the future about this or any other subject that concerns you.

Sincerely,

Liz Krueger
State Senator











NYC Wins When Everyone Can Vote! Michael H. Drucker

NY Penny-A-Day Keeps Corruption Away Campaign

On July 2, 2013, New York Governor Andrew M. Cuomo appointed the “Commission to Investigate Public Corruption” under the Moreland Act and Executive Law Section 63(8) to probe systemic corruption and the appearance of such corruption in state government, political campaigns and elections in New York State.

The Fair Elections campaign, a bipartisan coalition of good government activists gathered on the steps of City Hall Wednesday to kick off the “Penny-A-Day Keeps Corruption Away” campaign supporting the Moreland Commission’s recommendation in its preliminary report for comprehensive campaign finance reform.  They recommendations included using New York City's public matching funds system as the guide for the state's system.

The campaign highlights the fact that the cost of public financing and enforcement is roughly $3 per New Yorker a year, while the cost of ending what the campaign deems “legal bribery” amounts to billions of taxpayer dollars.

At the conclusion of the press conference, which included remarks from Susan Lerner, executive director of Common Cause NY and Dick Dadey, executive director of Citizens Union, activists collected pennies from people on the street, hoping to build public support for the movement.

Karen Scharff, the executive director of Citizen Action of New York said that Fair Elections plans to eventually appeal to elected officials to sign on to their campaign.

“We wanted to start out with the grassroots movement first … we’re going to do it across the state, at a dozen different locations over the course of the next few weeks, then later this month we’ll get sign-ons,” Scharff said.










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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Crowdsourcing New York Political Clubs

I found this interesting article about New York Political Clubs by Cristian Salazar in the Gotham Gazette.

As part of a collaboration by the Gotham Gazette with their good government group and sister organization, Citizens Union, there were 224 political clubs that failed to register their contributions with the state.

As an example of the practice, the illegal schemes that former City Councilman Larry Seabrook was accused of orchestrating, was the laundering of tens of thousands of dollars in contributions through his political club that resulted in some of the more colorful details during his trials. There was, the $50,000 that his club received from a Seabrook recommended contractor who got a $300,000 opportunity to install boilers at the new Yankee stadium. There was the doctored receipt that prosecutors say indicated Seabrook was reimbursed $177 by the club for a bagel sandwich and soda. Seabrook is gone from office, after being convicted for misappropriation of funds last summer, and is being sentenced to five years in prison.

But political clubs like the one Seabrook founded and controlled remain powerful tools of elected officials and parties. These political club going back generations, and more often play a unique and positive democratic role in the city. However, too often, clubs are skirting state law by failing to report campaign activity, according to a report published by Citizens Union.

In an analysis of campaign filings between January 2009 and January 2013, Citizens Union found that 224 political clubs that had over $1,000 in contributions did not register with the state, as required by law. "As a result of not filing and reporting who contributes to them and to whom they make expenditures, a shadowy world of political activity is hidden from view," the report states.

CLICK HERE for to read the report called "THE UNDISCLOSED CAMPAIGN ACTIVITY OF POLITICAL CLUBS IN NEW YORK STATE" (PDF).










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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New Investigative Unit to Oversee the NYC Board of Elections

The New York City Department of Investigation (DOI) says it is establishing a six-person unit to focus on "fraud, waste and corruption" at the New York City's Board of Elections.

The DOI, is one of the oldest law-enforcement agencies in the country, formed in the 1870s following a scandal in which the corrupt William “Boss” Tweed and his unscrupulous cronies skimmed millions from the City coffers. The agency investigates and refers for prosecution City employees and contractors engaged in corrupt or fraudulent activities or unethical conduct. Investigations may involve any agency, officer, elected official or employee of the City, as well as those who do business with or receive benefits from the City. Because the Board of Elections is staffed by city employees, the DOI has jurisdiction over the agency.

It announced today that it received $824,000 to start up the investigative unit and has begun filling positions.

DOI Commissioner, Rose Gill Hearn, said in the announcement that the decision to create the unit followed the agency's review of the November 2011 election. That investigation was labor-intensive and pointed out the need for more consistent oversight of the BOE. "The newly created unit will provide the capacity to investigate possible waste, fraud and corruption in an expanded way that was not possible before," she said in a statement.

Alex Camarda, the director of public policy at Citizens Union, a good government group, commended the DOI for establishing the unit. “While there are hard working staff at the Board, we also know that many jobs are awarded based on patronage rather than merit," he said. "A top-to-bottom review needs to be done to ensure the city only spends money on employees and positions that are necessary to carrying out an effectively run election. The DOI should start by getting a listing of every position within the Board and the responsibilities for each."

In its review of the November 2011 election, the DOI found that the city could have saved $2.4 million if the BOE had effectively managed the process, including by consolidating election districts.

Hearn said the DOI was "not casting aspersions on anyone and NYC BOE plays a very important role, and many people do their jobs at the BOE well and honestly".










NYC Wins When Everyone Can Vote!

Michael H. Drucker
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NYC Voters Registering for 2013 Mayor Race

New York is a closed primary state. Anyone who wants to register or switch parties to vote in next year's primary needs to do so by Friday. New Yorkers registered to vote can cast a ballot in the city's general election next year but only voters registered with a party can vote in party primaries.

Other states are much more flexible than New York when it comes to changing party affiliation. In New Jersey, for example, first-time primary voters can register with a new party on primary day, right before they vote.

"Elections should be structured to encourage as many voters to participate as possible," said Dick Dadey of Citizens Union. "By requiring you to declare your party affiliation a year from the election you want to participate in, you may be disenfranchising people from voting in the most consequential election in the city."

A spokesman for the state Board of Elections said the registration deadline has been in effect for at least 60 years. He said it is designed to keep voters from switching parties at the last minute to attempt to throw an election in their true party's favor.

Some New Yorkers who have never been registered as Democrats are suddenly joining the party. They have not undergone a political transformation. They say they are simply doing it because they want their vote to count in the 2013 political contests in New York City.

James Panero is a lifelong Republican. He even writes for a conservative magazine. But he is leaving his party to become a Democrat.

"My feeling is that if you're conservative, if you're a moderate, if you're any kind of voter in this city, you need to register now as a Democrat to vote in the 2013 primaries," he said.

Some New Yorkers feel that in order for their vote to really count locally, they need to participate in the Democratic primary. Many races, including the fight for City Hall, may be effectively decided before the general election.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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NY's Undemocratic Elections

Found this on the Opinion pages of the NY Times for 7/05/2011.

Gov. Andrew Cuomo on Friday called for special elections on Sept. 13 to fill Anthony Weiner’s Congressional office and six vacant State Assembly seats. Party leaders will now get to choose the candidates to run. That is not the way a democracy is supposed to work. Unfortunately, it’s the way things are done in New York.

Federal law requires the governor to hold a special election quickly for a vacant House seat. New York State law says that “party nominations for an office to be filled at a special election shall be made in the manner prescribed by the rules of the party.”

That means Representative Joseph Crowley, the Democratic Party chief in Queens, will probably crown the next congressman in Mr. Weiner’s heavily Democratic district. The Republican bosses do it the same way. If an outsider wants to get on the ballot, he or she will have to collect 3,500 signatures by July 13. Who has that kind of ground operation?

This is even worse in state races in New York. Citizens Union reported recently that a third of the Legislature was first anointed as candidates in these back-room, special-election deals. Mr. Cuomo did not have to hand those six open seats to the bosses. State law says that the governor can call a special election to fill open seats in the Legislature or wait until the next election.

There is a regularly scheduled primary on Sept. 13, which is now the same date as the special elections. The general election is Nov. 8. The rules for these elections are not that great either, but the voters have more of a voice than they do in the special elections.

Mr. Cuomo should have allowed the state races to go through the normal process. He can now start making amends to New Yorkers by pushing to change the state’s special election laws, so the voters, not party bigwigs, get to choose who represents them.









NYC Wins When Everyone Can Vote!

Michael H. Drucker
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Citizens Union's Voter Turnout Analysis

This report was produced by Citizen Union on August 2, 2010 and submitted to the New York City Charter Revision Commission.

"Under a Top-Two election system, the primary election would be open to all eligible voters, regardless of party affiliation, so that every registered voter could participate in the first consequential election that most often decides who is elected to office. The candidates who finished in the top two spots would then move onto the general election in which all eligible voters would again vote."

From their analysis of nonpartisan special elections in New York City, they found median nonpartisan special election turnout was 10.60 percent, 116 percent higher than the median partisan special election turnout of 4.91 percent.

Use the above link to read the entire report.

Michael H. Drucker
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NYC Charter Revision Commission 8/2/2010

Thanks to The Hankster for the videos.

It seems Top Two, Non Partisan Municipal Elections (NPME) is back on the table!

I was unable to attend but watched the Internet streamed meeting.

This meeting took place in Staten Island. Sarah Lyons, the Chair of the Staten Island County Committee of the Independence Party testified, as did Dick Dadey of Citizens Union.




Dick Dadey, Executive Director of Citizens Union.


Sarah Lyons, Chair of Staten Island Independence Party.

I have submitted my thoughts about how the Top Two process could work using their website. We will know what will get on the November 2010 ballot at their 8/11/2010 meeting in Manhattan. It will be an open meeting but will not have public discussions.

In 1934, the NY state legislature created a NYC Charter Revision Commission who put a new voting system of Proportional Representation on the ballot, that won. Under this system, all candidates would appear together on the ballot and voters would cast ballots for multiple candidates ranked by order or preference. Any candidate getting 75,000 first choice votes would be elected. If no candidate met this threshold, the last candidate was dropped and those voters next candidate was part of a recalculation until the 75,000 was reached. Today this would be called an open election with Instant Runoff Voting (IRV). This concept passed with 60% of the vote in 1936 with Citizens Union leading the campaign.

In the 1937 City Council election: 13 Democrats, 2 independent Democrats, 3 Republicans, 5 American Labor party, 3 independents from the City Fusion party won, the most diverse City Council in decades.

Immediately after this election, Democrats and Republicans began an attempt to repeal this voting method. These efforts failed in 1938 in a state constitutional convention and in 1940 in a citywide referendum. But in 1943, 2 Communists were elected and re-elected in 1945.

This allowed the 2 major parties to attack proportional representation as Un-American and a threat to national security.

In 1947, at the dawn of a new Red scare, voters approved the repeal. In 1949, the Democrats regained control of the city council.

Let your voice be heard, "NYC Wins When Everyone Can Vote!" and NY needs nonpartisan elections, not party primaries, that is real democracy.

Use the above link to view the entire meeting.

To find out more about NYC politics and reform, read Francis S. Barry's "The Scandal of REFORM".

Michael H. Drucker
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Citizens Union Approves NPME

Citizens Union of the City of New York, a nonpartisan force for good government for more than 100 years, works to inform and engage New Yorkers, to ensure local and state government values its citizens, addresses critical issues, and operates in a fair, open, and fiscally sound manner.

In 2003, Citizens Union did not support Non Partisan Municipal Elections (NPME). In 2010 they reversed there opinion as part of 50 recommendations to the NYC Charter Revision Commission.

"Citizens Union is recommending that its election system be changed and opened up to all registered voters. It is proposing that New York adopt a Top-Two election system, like that recently approved by referendum in California, which will permit all party registrants and unaffiliated voters to vote in the first round for candidates of any party or none at all. The top two candidates would advance to the general election in November to determine the victor. This will allow for a greater number of New Yorkers to vote in the most determinative election and create greater competition and choice for the November general election. It will provide that the voice of the 1.5 million voters, who are now effectively shut out from choosing many of the city's elected officials because they are not affiliated with the Democratic party that effectively determines the vast majority of the city's elected officials in a closed partisan primary, is heard.

'Non partisan elections exist in the vast majority of municipalities throughout the nation,' said John Avlon, Citizens Union's Charter Task Force Chair. 'Top-Two will allow for the retention of party affiliation at the discretion of candidates while opening up the process to all voters. Increasing voter eligibility is essential in a city that is effectively electing officials in closed partisan primaries where the proportion of registered voters is as low as 5 percent. This is a serious concern to Citizens Union, and should trouble anyone concerned about the vitality of our local democracy. Our remedy is this reform - we can increase voter participation and politicians� accountability by opening up New York City's election process.'

Citizens Union recognizes that other reforms which it has long supported may also enhance voter participation but Top-Two is the best available charter revision option to maximize voter participation given the legal ambiguity and operational complexity surrounding other reforms that would ideally be addressed by state government.

Citizens Union also supports reforms that will improve integrity and bolster the public's faith in city government. Citizens Union is backing the continuation of term limits for council members of three four-year terms, and for citywide officials, two four-year terms. We also want to see the charter changed to require that any city council charter amendment that would alter or appeal a voter-initiated referendum be returned to the voters for approval or disapproval."

Use the above link to read their press release.

Update
NEXT COMMISSION PUBLIC HEARING

Monday, July 19

Place: Brooklyn College, Gershwin Theater, 2900 Bedford Ave
BROOKLYN

Time: 6 p.m.

Directions: By train, take the Q Local to Avenue H and walk 4 blocks east to Ocean Avenue, or take the 2 or 5 train to Flatbush Avenue/Nostrand Avenue. By bus, take the B6 or B11 to Bedford Avenue, the B8, B44, or Q35/Green Bus Line to Flatbush Avenue, the B41 to Nostrand Avenue, or the B49 to Avenue H.
NOTE: Citizens Union will be presenting their recommendations to the Commission at this hearing. The hearing will be streamed live via webcast through their website at: NYC Charter Revision Commission Website

Michael H. Drucker
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