Spitzer Unilaterally Disarms...Somewhat - Part 1

Last Thursday, Governor-Elect Eliot Spitzer unveiled his plan to reform how the Governor, the Lieutenant Governor, and employees of the executive agencies will conduct their business and the self-imposed barriers that Spitzer will place around the executive branch in an attempt to rid corruption from the branch.

The plan can be found at Eliot Spitzer's Transition: New York website.

So what are the plans from the Spitzer camp to curb corruption? All items come directly from the Transition Office's release.

• Prohibit all at-will employees of the Governor's Office, the State agencies and the public authorities from receiving any gifts with more than nominal value.
  
  Under current law, State employees may receive gifts up to $75. The proposed action will eliminate all such gifts. The only exceptions will be gifts of nominal value (e.g., a cup of coffee or a ceremonial plaque), and traditional non-politically related gifts (e.g. wedding gifts) where there is no appearance of an attempt to influence the employee.

Even if the $74.99 specials do not have much effect in greasing the wheels of the government in a person's or group's favor, the removal of such allowances gives the perception to the public that the government is cleaning itself up. Politically wise but the final verdict remains to be seen.

• Prohibit former Governor’s Office employees from lobbying any Executive Branch agency for two years
  
  The current two-year ban only prohibits a former State employee from lobbying the specific agency where the employee worked. Thus, an employee of the Governor’s Office who leaves State service can immediately begin to lobby any other Executive Branch agency, even agencies that the employee dealt with frequently while serving in the Governor’s Office. This proposed action will end that practice, and will ensure that Governor’s Office employees do not lobby any Executive Branch agency for two years.

It's a start. However, there is nothing preventing a lobbyist from taking a job in the executive branch (even though there have to be more people migrating from the public sector to lobbying). Also, this does not prevent any executive branch employee from becoming a lobbyist to the Legislature. Since the branches do work together, it's not impossible that an employee in the executive branch of Albany, especially a senior employee, would have ties to people in the Legislature and/or their staffs. Such connections are the foundation of high-profile lobbying. It may be that such barriers to the latter may have to be written into law, like rules preventing former representatives from registering as lobbyists for a certain period of time.

Again, it's a start. It does take out the most obvious and closest transition from public employee (in the executive) to a lobbyist working with that branch.

• Neither the Governor nor the Lieutenant Governor will appear in any taxpayer-financed commercials
  
  State commercials (such as “I Love NY” ads) featuring elected officials create the appearance that taxpayer dollars are being spent to benefit the political career of the elected official. This practice will end.

This will have minimal effect, if any. Sure, the appearance of the Governor or other elected officials may help a little in the name recognition polls, but it also shows their support for New York's tourism industry. Although this decree will only apply to Governor-Elect Eliot Spitzer and Lieutenant Governor-Elect David Paterson, their appearances (especially Spitzer's) in the chain of people stating "I Love NY" will only add power to the ads. Nevertheless, it will be interesting to see what the new round of "I Love NY" ads will feature.

Perhaps outgoing Governor George Pataki will continue to appear in them as he desperately looks for a state that will give him more than 1% of the vote in the presidential primaries.

• Neither the Governor nor the Lieutenant Governor will accept fees to give speeches
  
  It is inappropriate for State officials to receive “speaking fees” at events. Invitations to give speeches invariably are made because of the individual’s official position, and State employees should not be utilizing their government position for personal gain.

Sounds good. Though one could argue that any speeches given, whether they were paid or not, would be for personal gain given future political considerations. But then the only speakers at these events would be retired politicians and entertainment stars. And that's not very appealing.

• Prohibit agency commissioners and other high-level personnel from running for state or federal office while serving as State employees.
  
  When high-level State officials run for office, it creates the appearance that they may be taking positions or actions in their official capacity for the purpose of benefiting their political campaign. Any agency commissioner or other high-level appointee who wishes to run for state or federal office will be asked to resign or take a leave of absence.

The contradiction to this reform is that already elected officials, including in the executive branch, can use their official capacities to help their campaigns. In a perfect world, that is how it should be, as high performance in office will keep you in office. However, the powers of the office also grant free media and the ability to stage events that will indirectly help a campaign, whether it is for re-election for that office or in a campaign for another.

The loophole here is that it appears possible for an employee to lay the foundations for a campaign while still acting in official capacity. The only difference would be that formally entering a campaign for office would be put off while the employee retains his or her position.

Don't be surprised if someone seeking an office argues that such a policy actually hinders their efforts to win office as they may not be able to return to their jobs and that other potential candidiates that work elsewhere in government have no such restrictions. That person will not be looked upon in the best light, but such is life in politics.


The Spitzer team also announced in this release that they will place self-imposed campaign finance restrictions.

• The Governor and Lieutenant Governor will voluntarily restrict the campaign contributions that they receive, by agreeing to the following limits:
  
  • No contributions from individuals, partnerships, limited liability companies (LLCs), unions, PACs or other non-corporate entities over $10,000
  
  
  • No contributions from corporate subsidiaries if the parent company has already contributed the $5,000 maximum; and
  
  
  • Applying the partnership pass-through rules to LLCs, thereby prohibiting LLC contributions where the individual or entity controlling the LLC has already contributed the maximum amount allowed.
  
  
  New York State’s campaign contribution limits are among the highest in the nation, and should be lowered significantly. Individuals, partnerships and other non-corporate entities can currently contribute up to $50,100 to candidates for statewide office. Subsidiary corporations can currently contribute separately from parent corporations. Finally, some LLCs have been created for the sole purpose of allowing individuals and corporations to exceed the contribution limits.

These limits should be in place throughout the state, as the loopholes render such restrictions meaningless for those that are able to set up such connections and puppet organizations.

This is politically easy for Spitzer and his team to install. Spitzer is wildly popular in the state and can point to such restrictions as proof that he is committed to campaign finance reform by applying restrictions to himself and his lieutenant governor. Even if the romance fizzles between the Spitzer administration and the public, this move will be a feather in his cap in the re-election, especially if the Legislature fails to reform the campaign finance laws.

Finally, as has been mentioned in the comments section of the Capitol Confidential post that summarized the "disarming," Spitzer's family is very well off financially and Spitzer will be able to lean on those resources even if fundraising is lackluster in the next campaign. Should Spitzer remain popular as Governor, though, he should have no problem eliciting contributions large and small from the people of New York and the Democratic base.

• Prohibit campaign contributions from at-will State employees to the Governor and the Lieutenant Governor
  
  Whenever State employees make campaign contributions to their superiors, it creates the impression that they are required to do so in order to retain their government jobs. As a result, neither Governor-Elect Spitzer nor Lieutenant Governor-Elect Paterson will accept campaign contributions from at-will State employees.

This will clear that impression that does exist when employees give campaign contributions to their superiors. However, there may be a clash if such employees actually support their superiors for office.

Like the previous reforms outlined thus far, it's politically easy for Spitzer to do.

• Neither the Governor nor the Lieutenant Governor will hold or participate in any fundraisers within the Capitol Region during the legislative session
  
  Numerous political fundraising events are held in the Albany area during the legislative session. Lobbyists and others seeking to influence legislation can make campaign contributions to elected officials at these fundraisers, and then meet with these same officials, requesting favorable treatment on legislation. This creates at least an appearance of the undue influence of money over government decision making, and neither Governor-Elect Spitzer nor Lieutenant Governor-Elect will hold any such fundraisers in the Capital Region while the Legislature is in session.

There is one huge loophole to be found here. Although participation in fundraisers will not be permitted within the Captiol Region, it's not hard at all for either the Governor, Lieutenant Governor, or surrogates to participate in fundraisers outside of Albany and its environs. One could participate at an event and be back in Albany well before the day is done.

Also, what would stop an ally of Spitzer from showing at a fundraiser in support of his political campaigns? There are countless opportunities for Spitzer's political machine to raise funds and spend during the 2008 and 2010 elections.

This one looks like it's all show and no function. Still, this can potentially be a feather in Spitzer's political cap.

The rest of the Spitzer propositions will be following.