Fate of Ethics Reform Uncertain

By Karen DeWitt

Albany, New York – The future of ethics reform in New York is uncertain, now that Governor Paterson has vowed to veto legislation passed by the Senate and Assembly, and some Republican lawmakers have said that they may not go along with an override planned by Democrats.

Governor Paterson says ethics reform legislation passed by both houses of the legislature is inadequate.

"I support some of the measures," said Paterson. "But I really think that the legislation is a whitewash, and I'm really surprised at many who are giving this legislation oxygen."

The legislature's bills require greater disclosure of outside income, though the identity of legal clients would still be kept secret to protect attorney client privilege. It would also strengthen the Legislative Ethics Commission, by granting it greater powers to investigate. The commission's executive director would be better protected from political whims, by having a fixed term. But the governor wanted to create one overarching ethics commission to police both the legislative and executive branches of government, as well as lobbyists and campaign finance laws.

"There is no independent commission to examine legislator's conduct," said an exasperated Paterson.

Paterson is also seeking public financing of campaigns and term limits for office holders. Those proposals are not part of the legislature's plan.

The legislature's actions have split government reform groups, with some saying that the bills should be allowed to become law, to at least advance some kind of badly needed ethics reform. Blair Horner, with the New York Public Interest Research Group, says there are a number of improvements contained in the legislature's package.

"To us it makes sense to sign it," said Horner, who said the governor should tackle ethics reform "sequentially."

"Success breeds momentum, that means more success," said Horner.

After the governor said he'd veto the ethics reform package, Senate Democrats, who hold a slim two vote majority in that house, immediately said they would hold an override vote. The measure passed 59 to 1 in the Senate, and 147 to 2 in the Assembly, so it appeared as though the margins were even larger than the two thirds majority needed to sustain an override.

But then, Senate Republican Leader Dean Skelos said, in a statement, that his members might not go along with that plan. Some Republican Senators had expressed worries about some aspects of the bills. Part of the legislation would enhance the State Board of Election's powers to enforce the state's campaign finance laws, and the board's chief enforcement officer would be given more freedom to begin investigations. Traditionally, though, a Democrat has held that job. Some Republican Senators, during debate, said they feared witch hunts of GOP candidates on trumped up charges during close elections.

Paterson says he wants to hold an open leaders meeting, with majority and minority legislative leaders in both houses, to try to come up with reforms that go even further.

"And see if we can't get more out of this," said Paterson.

Horner is skeptical of the outcome. He says that tactic has been tried in the past by the governor, with little success.
"If they can come up with a five way agreement that comes up with a stronger bill and we have a Kumbaya moment, that's great," said Horner. But he said "power plays and other game playing" are unacceptable.

"If the public ends up seeing nothing change in Albany, they'll have a right to be angry, and they'll know who to be angry at," said Horner.

It's possible, given the deep divisions between Democrats and Republicans in the Senate, and Governor Paterson and Democratic legislative leaders, that no ethics reform could become law at all, leaving New York with what everyone agrees is a grossly inadequate status quo.