What's Under the Tree?

Many gifts were exchanged throughout the country as millions of people celebrated this holiday season. Many of these people, either due to conflicts in schedules or just because they felt like it, exchanged those gifts early. Politicians and other important figures are no exception. Sorry, some of the gifts are non-returnable!

Alan Hevesi:

Of course, Hevesi had to do some of the legwork to receive the gift. But all he had to do was admit to a felony and vacate the State Comptroller's office.

Eliot Spitzer: Alan Hevesi's head on a platter.

The "Day One" Express is now pushing full-steam ahead now that Hevesi's mess has been removed from the tracks. Spitzer will also have the opportunity to mold the future of the Comptroller's office. While it is possible that he will butt heads with Assembly Speaker Shelly Silver, it is also likely that Spitzer can use his momentum to sway enough representatives in the merged State Assembly (for the purposes of confirming a new Comptroller) to pass his choice and undermine Silver's power.

Sheldon Silver: Alan Hevesi's head on a platter.

Hevesi's resignation places Silver in a commanding position when the time comes to install a new Comptroller. The State Assembly and Senate will merge to confirm the potential Comptroller, with each representative on equal footing, regardless of the chamber of the Legislature in which they were elected to office. Senate Majority Leader Joe Bruno and his Senate Republicans are marginalized as Silver's Assembly Democrats consist of by far the largest faction.

This scenario gives Silver a path to reassert his power on the state government and prove that he is still very much a part of the Three Men in the Room.

The outcome of the selection will determine whether Spitzer or Silver is the victor and if they received the actual head on the platter, instead of the plastic fake.

Joe Bruno: An investigation into his ties with groups involved in horse racing and those that might have given him far too many perks in return for favors from the powerful Bruno.

From the Times' article:

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The trip, which included three aides to the senator and a veterinarian who has been close to Mr. Bruno for years, would become a catalyst for investigations into the business activities of Mr. Bruno, a thoroughbred enthusiast who has long raised horses on his farm in Brunswick, N.Y., northeast of Albany.

The trip to Kentucky was arranged by two officials at the Friends of New York Racing, a short-lived advocacy group formed by racing fans and executives intent on overhauling the Aqueduct, Belmont and Saratoga tracks, the centerpiece of an industry that generates $1.4 billion a year in economic activity in New York State.

After producing a 20-page report in December 2005, the group dissolved this year amid infighting, with many of its top directors and staff members joining a consortium that is now vying for the state’s lucrative horseracing franchise.

In recent months, the advocacy group and one of its founding directors, Jared E. Abbruzzese, have emerged as central elements of separate investigations by the state lobbying commission and a federal grand jury.

The lobbying commission is examining whether Mr. Abbruzzese, a businessman and longtime friend of Senator Bruno’s, violated state law by giving free or discounted flights to the senator.

Federal authorities are examining, among other things, whether substantial payments by Mr. Abbruzzese to Mr. Bruno’s private consulting firm were part of an effort to influence the senator, who is likely to have a major say over who gets the racing franchise.

The authorities have also issued a subpoena to Wayne R. Barr Jr., a lawyer and business associate of Mr. Abbruzzese’s, who helped arrange Mr. Bruno’s trip to Kentucky.

The person behind the Friends of New York Racing was Timothy G. Smith, a former executive at the P.G.A. of America, the golf association, and at the National Thoroughbred Racing Association.

The new group was formed in late 2004 in response to the economic threat that video lottery terminals and casinos run by Indian tribes posed to the New York and national horse racing industries.

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The trip is referring to a trip to Lexington, Kentucky that included a visit to a racetrack and auction and concluded with a fundraiser for Bruno's Senate Republican majority.

Michael Bloomberg: A very good year.

Aside from the Sean Bell incident and the ten-day Queens blackout in the summer (two large asides), Michael Bloomberg has had a pretty good year. Whether he runs or not, the speculation that he would run an independent bid for the White House in 2008 is keeping him popular.

Democrat State Senator Efrain Gonzalez: An indictment to match the previous one.

Republican State Senator Mike Balboni: A nice job with the Spitzer administration.

New York Democrats: Not only do they receive much-needed aspirin to treat a case of Hevesitis, but they also have the chance to pick up Balboni's seat and move one closer towards taking the State Senate.

New York Republicans: Not a very good holiday for them. However, Governor Pataki's reign at the top is ending. With complaints that Pataki did not maintain a strong Republican Party in New York State that led to the trouncing of most Republican candidates around the state, this is a chance to clean house.

New York City Council: Pay Day!

New York Residents: More of the same in the state governemt? That's Mickey Carroll's prediction.

Residents Surrounding the Atlantic Yards: Not quite what a lot of you wanted.

The plan to build office towers, the arena for the New Jersey Nets basketball team, et cetera, cleared Shelly Silver's possible objection and can proceed.

President George W. Bush: Well, he did get his new Defense Secretary through....

The New Democratic Congress: Lots of work.

Unfinished spending bills will have to go through for the current fiscal year to keep the government running. The Democrats are talking about ending the rule of the earmark on Capitol Hill, but with the Republicans opting to punt, the Democrats will have some tough battles ahead as individual representatives will fight to keep their projects, whether they are worthy or not.

Saddam Hussein: Death.

The Fox News story and their picture from last night.


The New York Daily News.


The New York Times.


Obviously big news, especially given the timing, coming at dawn on the day of a Muslim holiday, Eid ul-Adha. Historic as it is, KipEsquire warns not to overindulge in any celebrations. Hussein's fate was sealed once he was captured. However, his death does mark the end of an era in Iraq (whether you believe the new one is a good one or not) and the healing from his tyrannical rule can begin.

These are but the many gifts, whether they're good or not, that were found under the tree for many of the people that affect our lives daily.

As it is still within the Twelve Days of Christmas, Merry Christmas to all, and to all, Happy Holidays. Sorry, Bill O'Reilly, there are more holidays out there.


Picture of the 2003 Christmas Tree at the Capitol.

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Spitzer Unilaterally Disarms...Somewhat - Part 2

The rest of the proposals from Spitzer's Transition Office:

The release then goes on to address the partisan nature of appointments and certain employments:

• Prohibit any hiring or contracting official from inquiring about the political affiliation of a prospective employee or contractor
  
  The Civil Service Law currently prohibits inquiries regarding the political affiliation of positions under the Civil Service Law. This same rule will now be extended to higher-level “exempt” positions, and also to individuals seeking government contracts. The only exceptions will be positions on those boards and commissions where the number of appointees in a particular party is limited.

If a prospective employee has experience working in politics, especially for campaigns, then the affiliation of that person will show in the resume without having to specifically ask for partisan affiliation.

Still, this should help to recruit the best people for whichever job comes up, regardless of their political ties.

The loophole that comes with the appointments to boards and commissions that restrict the number of appointees from a party is addressed in the next item.

• End the practice of having individuals change their party affiliation to meet the requirements for appointment.
  
  Several state boards and commissions (such as the Civil Service Commission, State Investigation Commission and PERB) are intended to be “non-partisan,” and the Legislature sought to implement that intent by limiting the number of board members who can be from the same party. However, that intent has been subverted by recent practices, in which individuals have been asked to change or drop their party affiliation in order to avoid violating the statute. That practice will end.

The problem with closing this loophole is that it might deter the recruitment of the best people for those boards, simply because the board has already had its fill of a certain party affiliation. Still, this loophole can be used for partisan purposes in packing the board with party faithful that agree to change their party affiliation for the sake of working for the board.

Perhaps the truest way to avoid this problem would be to make such boards truly non-partisan and not require a certain number of people from each party while not requiring the appointee to disclose their political ties. The problem is obviously that the board could be packed with partisan members without restriction.

In this situation, perhaps the suggestion to keep the bi-partisan boards with restrictions but disallowing changes of affiliation for the purposes of appointment is the best solution.


The release goes on to address the budget woes that have plagued the state for many years.

• Bring both houses of the Legislature into the budget making process as early as possible, and share with them as much information as possible about both expected revenues and plans for spending.
  
  One of the best ways to ensure enactment of an on-time budget is to start the process earlier. By starting the process sooner and facilitating a free flow of communication, we will more quickly learn about disagreements, and will be better equipped to address them.

This seems reasonable. If nothing else, it will help try to avoid a late budget simply by getting the budget fights out of the way earlier.

• Seek to reach a quick consensus with both houses on revenue projections, and if no consensus can be reached, agree to be bound by the projections issued by the Comptroller's Office, whose non-partisan professionals are widely recognized as issuing reliable estimates of State revenues, uninfluenced by politics.
  
  One of the main causes of delay every year is the inability of the Governor, Assembly and Senate to agree on the amount of revenue that is available to be spent. It is impossible to agree on how to spend money until you agree on how much can be spent. We will try to reach that consensus sooner, and if we are unable to do so, we will agree to be bound by the revenue projections of the professional staff of the Comptroller’s Office.

Again, this seems reasonable. Perhaps the Comptroller's Office (Hevesi's thefts notwithstanding) should release those projections from the beginning for the Governor and the Legislature. Of course, such a move would only lead to yet more fighting as each side will claim that their projections are different and the Comptroller's Office has this or that agenda.

• Require that all member item appropriations be set forth as separate line items in the budget
  
  Traditionally, “member item” appropriations have been set forth as separate line items, so that the public could see the specific spending proposals before the budget bills were voted on. More recently, however, the Governor and the Legislature have agreed to enact large “lump sum” appropriations, with the understanding that after the budget is passed, each side would be able to parcel out its share of the funding to its favored projects. We need to end these secretive practices, and instead require that the budget specify each recipient of such “member item” funding.

This looks like a good idea. Let's take it a step further and make such information availiable easily on the Internet through a searchable database.


The release then outlines a few ideas that aim to "promote openness."

• Hold regular news conferences and media interviews, both to ensure that the public is informed, and to promote a vigorous public debate on the issues
  
  The public has a right to know about the activities of the government, and the best way to achieve that goal is to make sure that the press has frequent access to the Governor and Lieutenant Governor.

A good idea, though such conferences may end up becoming nothing more than attempts to promote themselves or to put down the Legislature (which may or may not deserve it). After the self-imposed restrictions on things such as not appearing in "I Love NY" commercials citing that it would give the Governor-Elect and the Lieutenant Governor-Elect an advantage for the next campaign, that restriction may be paid back by the press conferences and interviews that the Governor-Elect and Lieutenant Governor-Elect plan to hold.

Still, such invitations to the media and the public have great potential in shedding light on the government, in good times and bad. Furthermore, it could crush attempts by the Legislature (or the other two men in the room) to keep unattractive facts and fights from the public eye.

• Have an open-door policy for all members of the Legislature, so that they have the opportunity to discuss the concerns of their local constituencies
  
  Providing easy access for individual legislators of both parties to meet with the Governor, Lieutenant Governor and their staffs will help restore the public’s confidence that their concerns will be considered and addressed.

This seems reasonable. It leaves the question as to how many members of the Legislature would take advantage of this opportunity, especially those that sit in the minorities of the Assembly and the Senate, and whether the leaders of the Legislature will try to restrict such activities from taking place. Should that happen, it may be wise for the Governor-Elect to provide political cover for those representatives, especially now when he is wildly popular.

• Make the Executive Mansion and State Capitol more accessible, while still maintaining security.
  
  The Executive Mansion and the State Capitol belong to the people, but unfortunately have become barricaded symbols of an unresponsive government. There should be a full assessment of ways that these buildings can be made more accessible without compromising security, with a special emphasis on facilitating access for members of the press.

Again, this seems reasonable. Still unanswered is what kind of access the public and the press will enjoy. Walking the halls of the Executive Mansion and the State Capitol is wonderful, but it is useless if relevant activities are simply kept behind another closed door.

• Expand the use of the Internet to communicate with New York's residents, including by making meetings of the MTA, the Public Service Commission and other State entities available on real-time webcasts
  
  New York has an “Open Meetings Law,” but the vast majority of New Yorkers don’t have the time or the money to travel to Albany to attend such meetings. So instead, we will bring the meetings to the people, by having real-time webcasts of the meetings of major public boards and commissions.

Yet again, this seems reasonable. Such webcasts should also be made availiable for those that cannot watch the meetings in real-time and some of the meetings should be held at times when more members of the public can attend.


Lastly, the release has a couple of proposals that the incoming Spitzer administration hope will "institute accountability."

• Institute regular and rigorous evaluations of the Executive agencies, including requiring that agencies adopt performance measurements, establish goals, and track their performance over time.
  
  Measuring performance is a routine practice in the business world, because business leaders know that you cannot improve the bottom line if you do not have established performance goals. The State government should adopt these same practices, so that we can make government more efficient and cost-effective, thereby reducing the need for additional taxpayer dollars.

Hopefully there will be disclosures on how such performances will be measured and real, tangible action that will be taken depending on the outcome. This process should be accessible by the public and perhaps made with input from the public as well.

• Appoint a first-rate Inspector General, and give that office the resources it needs to pursue corruption in government without fear or favor.
  
  The State Inspector General is one of the most important officials in State government, because the IG is responsible for investigating corruption, fraud and waste throughout the Executive Branch of government, including the power to appoint deputy inspectors general assigned to individual agencies. No administration can claim that it is serious about reform unless it is willing to give the IG’s Office the resources needed to do its job effectively.

Again, this should be a wide open process that the public can view. The role of the Inspector General should be as far-reaching as possible and there should be oversight on the activities of the IG, though not so much as to put a damper on any and all investigations the IG may launch. Perhaps the information made public should be made easily accessible through the Internet.

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There are some proposals in this release that give hope that perhaps everything will change on "Day One." Although this release is light on details, such details should be made public either before or right at the start of the Spitzer administration. The government must be more availiable and open to the public and we are all depending on the incoming Spitzer administration to make it possible.

However, there are many items on this release that appear to have little or no effect. It seems that many times the Spitzer administration will restrain itself on various issues, such restraints can easily be made because there are political victories or other advantages to counter those restrictions.

Perhaps I have become very cynical about New York's government. But here's to hoping that Day Two will bring even more changes and that the new Spitzer administration will keep its promises to make government more open to the public and the media.

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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.

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