Mayor Michael Bloomberg, making good on a promise in his 2008 State of City speech, announced on March 3, the creation of a charter revision commission. The mayor called for a comprehensive look at the structure and operation of city government, charging the commission with “examining the changes made by the 1988 and 1989 Charter Revision Commissions, and other subsequent changes, in light of the lessons learned over the past two decades and the new challenges and opportunities that have since arisen.” The mayor also charged the commission with conducting an extensive outreach campaign: “Every issue will be on the table, and every voice will be heard."
The mayor appointed Matthew Goldstein, chancellor of the City University of New York, to chair the commission, and John Banks, former chief of staff to New York City Council Speaker Peter Vallone, to serve as vice chair. The other 13 members included business, community and religious leaders, sitting and former government officials, educators, mayoral staffers and political operatives. Bloomberg also announced that the Citizens Union would conduct its own review of the charter, which the mayor said would be a great resource for the commission. (Citizens Union's sister organization is the publisher of Gotham Gazette.)
The commission would be the fourth under Bloomberg and the seventh since the last comprehensive charter review — the commissions appointed by Mayor Ed Koch in 1988 and 1989. Bloomberg had announcedin his Jan. 17, 2008 State of the City that he would appoint a commission, which, he said, would "conduct a top-to-bottom review of city government over the next 18 months."
But the commission never happened. The reason: Bloomberg wanted to run for a third term in 2009. Had a commission placed on the ballot an extension of term limits, the voters would have likely voted it down, as they had in 1996. Polls in 2008 showed widespread support for term limits and no enthusiasm for loosening them. Instead, term limits would have to be changed legislatively by the City Council.
In his effort to extend term limits, Bloomberg needed to at least neutralize Ron Lauder. Lauder funded the initial 1993 charter change establishing term limits and the defeat of a proposal to extend the cap to three terms in 1996. So in fall 2008, the mayor made an http://www.villagevoice.com/content/printVersion/1393325 offer that Lauder chose not to refuse — Lauder would support a "one time exception" to the two-term limit in exchange for a seat on a charter commission formed after the 2009 elections.
But Lauder was not named to the 2010 commission. It appears that Lauder, after conversations with the mayor, had decided that he would become a lightning rod for attacks on term limits, and that he could do more to restore the earlier limits outside the commission. He could once again use his personal fortune to contest any action by the commission that he might find objectionable. Lauder’s absence would also preclude charges that Bloomberg’s agreement with Lauder was a bribe. Indeed, NYPIRG and Common Cause had filed a complaint on Oct. 8, 2009 with the city's Conflicts of Interest Board charging Bloomberg with violating the city's ethics laws when he pledged to put Lauder on a charter commission in exchange for his support for the term limits extension. Two members of City Council -- Bill de Blasio, now the city's public advocate, and Letitia James filed a separate complaint with the board. (The board, appointed by the mayor with the advice and consent of the City Council, did not find a conflict.)
The charter is the governing document of the city; it establishes the framework within which the city governs itself. It defines the organization, power, functions and essential procedures and policies of the city's political system; it establishes the authority and responsibilities of the city's elected officials. It also lays down the basic structure of the city's finances. It is a large document (currently 356 pages), packed with organizational minutiae, much of which belongs in the Administrative Code.
Charter adoption and revision in cities in New York State is governed by Article 4, Part 2 of the Municipal Home Rule law. The law provides for the appointment of a charter commission in New York City through City Council action, a petition followed by a referendum approving the creation of a commission or mayoral action. Mayoral action takes precedence over the other two, letting mayors use commissions as political tools.
Not all charter revisions have to come from a charter commission. They can be placed on the ballot through passage by the City Council or through petition by at least 50,000 registered to vote. The amendment establishing term limits was enacted by popular vote in 1993 after a petition drive; The City Council placed the unsuccessful 1996 proposal to extend the number of four-year terms from two to three before the voters.
The charter is a "fluid" document, which is often amended, sometimes by city voters, most frequently by local law -- as the council did in its October 2008 vote to revise the charter's term limits provision. A popular vote is required if the amendment relates to the manner of voting for elective office (not the term or tenure of those offices), creates a new elective office or redistributes power.
New York's first City Charter was drafted by a city commission in 1936 and implemented in 1938. Prior to the 1924 Home Rule amendment to the State Constitution, city charters were amended by special acts of the legislature. Commissions in 1963, 1975, 1988 and 1989 proposed significant revisions to the charter, which voters then adopted.
Charter commissions are charged with reviewing the entire city charter, though mayors through their "charges" broadly set the commission's agenda. The commission must produce reports, including proposals to adopt a new charter or revise the existing one. All proposals must be adopted by the city's voters not later than the second general election after the commission's appointment. The recommendations of the commission can be voted as one omnibus measure (as in 1989 and 2001) or as separate proposals (the other post 1989 commissions).
The recent history of charter commissions shows two very different approaches, one by Koch, the other by Mayor Rudolph Giuliani. Koch, responding to the Supreme Court's decision declaring the Board of Estimate unconstitutional, created a commission in1988 to come up with a new structure for city government. The commission, with highly regarded, independent chairs Richard Ravitch (now lieutenant governor) and Frederick Schwarz and commissioners of high quality, had an experienced, knowledgeable professional staff, which produced comprehensive studies of electoral systems and institutional structures and processes. It consulted widely with government officials, civic leaders, advocates and community members, holding dozens of public hearings throughout the five boroughs.
The process took three years, employed 52 full-time staffers and entailed 141 public hearings over two years. The commission, proving itself a medium of positive, meaningful change, created the system New York has today, with a 51-member City Council, a public advocate elected city wide and limited roles for the borough presidents.
Giuliani, on the other hand named three charter commissions, each chaired by close associates, with long-time friends or political associates as commissioners. His consultations and public hearings were largely perfunctory.
The commissions were, Giuliani frankly admitted, political tools. The Municipal Home Rule Law Section 36 (5)(e) provides that the placement on the ballot of a valid proposal initiated by a charter revision commission will "bump" other referenda off the ballot. The courts have affirmed this provision even when there is recognition that a charter revision commission has been created expressly to keep other proposals off the ballot. There is currently a bill in the State Assembly (A6019) which "eliminates the rule that provides that whenever a city charter commission puts a proposal on the local ballot,all other local referendum proposals are barred from the ballot."
In 1998, the mayor used charter revision as a political maneuver to block from the ballot a referendum proposed by the City Council on whether the city should build a West Side stadium to replace Yankee Stadium. A year later, he created a commission to change the city's succession procedure, largely to stop Public Advocate Mark Green from becoming mayor if Giuliani left his job for the U.S. Senate. A 2001 commission dealt with minor administrative changes that could have been dealt with by local law rather than constitutional change. In each case, the mayor got what he wanted from the commission, though the voters largely rejected the recommendations. (For more on Giuliani's specific proposal, see Charter Commissions Since 1989.)
Bloomberg created three prior commissions -- in 2002, 2003 and 2005 -- his approach has been a hybrid of Koch and Giuliani policy concerns, political motivation, and commission personnel. He has been Koch-like in selection of commissioners and chairs (though "the fix was in" on non-partisan elections, and the chair of the 2005 commission, Ester Fuchs, had been serving as a senior advisor to Bloomberg). But the mayor was Giuliani-like in his creation of the 2005 charter commission as a tool to forestall placing a class size proposal on the ballot via referendum.
The commission that Bloomberg appointed in 2002 represented Koch's approach in the selection of commissioners and the chair, Robert McGuire. Also, the issues addressed, the nature of the city's voting system -- the mayor had charged the commission with examining nonpartisan balloting -- and succession to the mayor, were significant. However, the press and civic groups such as Citizens Union and the Women's City Club roundly criticized Bloomberg for the short timetable for crafting the recommendations-- far shorter than any charter commission in the prior 70 years.
The McGuire Commission proposed one ballot measure that changed mayoral succession from the public advocate being mayor until the end of the former mayor's term to serving as interim mayor only until a special election to be held within 60 days of a vacancy (what Giuliani had wanted but without the enmity toward the public advocate that Giuliani had for Mark Green). City voters adopted the change. The commission, like those in 1998, 1999 and 2001, chose not to place nonpartisan balloting before the voters.
The mayor was determined to establish nonpartisan elections for city offices and in March 2003, announced the creation of the fifth charter commission in six years, charging it with considering nonpartisan elections for all city officials and putting such a proposal on the November ballot. He named Frank Macchiarola, the president of St. Francis College, chair. Macchiarola announced that a proposal recommending nonpartisan elections would be placed on the ballot in November before any other commissioners were named.
Non-partisan elections and the commission's handling of the issue generated much opposition -- from often-strange political bedfellows. The commission never adequately addressed the substantive critiques of non-partisan elections and never explored the possible consequences of the system it ultimately proposed to the voters. Indeed, the system that the commission proposed in September was the system in place in Jacksonville, Fla., which had limited experience with it and, unlike New York, did not have public campaign financing or term limits. There was just not enough evidence to make major changes in the voting system, irrespective of calculations of political wins and losses. Voters overwhelmingly rejected the proposal, despite the fact that the mayor bankrolled the pro-change effort with $7 million of his own money. (Surely, this was the first time that a sitting chief executive funded a constitutional change that would benefit him.)
In 2005, Bloomberg, like Giuliani, used the charter revision process as a political weapon. Proponents of smaller class sizes gathered far more petition signatures than required to place the matter on the ballot. The mayor and his Department of Education opposed setting rigid limits and so sought to preclude the referendum from appearing on the ballot by promoting charter revisions of their own. Fuchs, a Columbia University professor and senior policy advisor to the mayor, chaired the commission. It followed the Koch model: well-respected independent commissioners, wide public outreach and professional staff research. The commission placed "two rather obscure measures" on the ballot. One established ethics rules for administrative hearing officers; the other would add financial management requirements into the charter. Voters approved both.
Overall, in the 20 years since the 1989 restructuring, the number of charter changes approved by the public has been few and the substance narrow. In 2010, the charter remains essentially the framework established in 1989. So what can we expect to happen with the new charter commission? What should happen? Will it actually conduct the sweeping, comprehensive review and put forth the substantive recommendations that the mayor promised and the 1988-89 commissions delivered? Or will it focus on just a few matters?
Charter revision raises two sets of questions: those on process and structure, and those on possible, needed or likely substantive proposals. Among the process and structure questions: What should be guiding goals and principles of the commission? What makes a "good" commission and commissioners? What is desirable staffing, budget, timeframe? What has been, is and ought to be the role of the mayor?
Any rigorous review of today's charter must begin with the 1989 commission: What has worked? What hasn't? Why? How do we "fix" it? Any unwanted consequences lurking? A comprehensive review in 2010 would likely be framed by three broad themes, as it was in 1989: centralized power vs. local advice and consent; governmental checks and balances (essentially, how to contain the power of the mayor) and expansion of an informed electorate.
What is certain to be addressed by the 2010 commission is term limits. The 2010 charter revision commission owes its existence to term limits -- or rather to their extension. Without the council overturning two prior citywide votes, Mike Bloomberg would be writing checks from his foundation, and there would be no Goldstein Commission. The commission could recommend elimination of term limits entirely, a return to the two-term limit for all city elected officials, making Mike Bloomberg the "one time exception," or conclude that the current three-term limit or a variant is best. Should changes to term limits be subject to mandatory approval by voters?
Chancellor Goldstein, on being named chair, stated, "Certainly term limits will be something we will consider but beyond that I don’t want to speculate."
But speculation is in order.
Given that land remains one of the principal stakes in the New York political game, zoning and land use policies -- less glamorous but with far greater effect on the city and the well being of its neighborhoods and residents -- will very likely be a subject of commission discussion. The Bloomberg administration and real estate developers see the current city land use policies, notably the Uniform Land Use Review Process or ULURP, as inefficient, time consuming and often wrong-headed. They would like to see it "streamlined" with such changes as shorter time frames for review and elimination of some steps. Others want enhanced purview and greater powers for community boards and City Council on zoning and land use matters. The commission could also look at the composition and authority and processes of the City Planning Commission and the Board of Standards and Appeals.
Among the other topics that a comprehensive commission may address (with different degrees of likelihood) are:
The public advocate's position and the role of the borough presidents have long been subjects of conversation. In October, at a Staten Island Advance editorial board interview, Bloomberg said that eliminating the public advocate’s office could be on the table. He also said that while he might be open to giving borough presidents a different role, he was not prepared to give them more power by taking it away from City Council.
It is unlikely that a charter commission would move to further weaken or eliminate the public advocate or the borough presidents. After all, the closeness of Bloomberg's November win resulted from public disenchantment with Bloomberg's term limits end-run. Undercutting potential sources of opposition would only reinforce the view of him as an "imperial mayor."
Non-partisan elections may once again be on the table. It's been reported that in spring 2009 when he was seeking the Independence Party endorsement, Bloomberg told party leaders he was open to again looking at non-partisan elections. Dissatisfaction with the current runoff system for citywide officials (if no candidate gets 40 percent, the top two finishers compete in a runoff two weeks after the primary), might lead to study of alternatives such as Instant Runoff Voting.
For the Goldstein commission to act in any meaningful way to meet the mayor’s charge of a comprehensive charter review where "every issue will be on the table" will be close to impossible in the less six months that the commission has to make recommendations to be placed on the ballot for this November. (Proposals must be submitted 60 days before the November election). It is certain that the short time frame will generate much concern and criticism.
Chancellor Goldstein stated that he envisioned that the commission’s work would probably last until 2011 but that a few recommendations would be made early enough that they could be placed on the ballot this year. However, under state law, charter commissions expire once the balloting on their recommendations takes place. So the Goldstein Commission would go out of business on Wednesday, Nov. 3, 2010. The mayor could then create a commission with the same or similar membership that could place recommendations on the Nov. 2011 ballot. This happened in 1988 and 1989. The 1988 Ravitch Commission expired after the 1988 general election. In 1989, Mayor Koch appointed a commission with Frederick Schwarz as chair (Ravitch was running for mayor in the Democratic primary). That commission went out of business after the 1989 November elections.
And then as always with this mayor, there is the question of funding: Is Bloomberg going to put money into it as he did $7 million in 2003 in the nonpartisan election vote? Will he get better returns?
Whatever specifics it considers, the 2010 commission in its deliberations and recommendations should beware the law of unforeseen and unintended consequences: Actions of people -- and notably of government -- will always produce some unintended, unanticipated and usually unwanted consequences, and these effects can be more significant than the intended effect.
Jimmy Flannery, the Chicago sewer inspector, machine ward heeler, sleuth and protagonist of Robert Campbell's crime series, has a warning in The 600 Pound Gorilla for those who would tinker with a city's government: "A thing like a city government is like a tower built out of match sticks. It stands so rickety you think one breath'll knock it flat. Somebody decides to fix it. Take out this rotten beam and that rotten brick. Chop out a floor, pump out the basement, add a garden room. Then everybody acts surprised when it comes crashing down."
Douglas Muzzio is a professor of public affairs at Baruch College and co-director of the Center for Innovation and Leadership in Government. He co-authored (with Professor Gerald Benjamin) the 1988/1989 charter revision commission's study on the City Council and alternative voting systems. He was an expert witness before the 2003 charter commission on nonpartisan elections and will serve on the recently created Citizen Union's panel to review the current charter.
For a comprehensive review of the 1988 and 1989 charter commissions, see Frederick Schwarz and Eric Lane, "The Policy and Politics of Charter Making: The Story of New York City's 1989 Charter, "New York Law School Law Review," Vol. XLII, 1998; for an examination of those commissions and the six subsequent ones, see Ida Cheng, Jenifer Clapp, Arianne Garza, Liz Oakley, and Gregory Wong, "NYC Government: 1989 and Today," Citizens Union, April 27, 2007.
Mayor |
Date |
Chair |
Ballot Proposal(s) |
Voting Result |
Rudolph Giuliani |
2/19/98 |
Paul Crotty |
Revamp city campaign finance law and bar corporate donations |
adopted 60-40% |
Giuliani |
6/15/99 |
Randy Mastro |
1. Impose a cap tied to the inflation rate on city budget increases. |
rejected 76-24% |
Giuliani |
7/15/01 |
Randy Mastro |
1. Make the Mayor's Office of Emergency Management a permanent charter agency. |
all approved: Ballot Proposition #1 approved 70 to 30%; Ballot Proposition #2, passed 73 to 27%; Ballot Proposition #3 passed 55 to 45%; Ballot Proposition #4, passed 64.5 to 35.5%; Ballot Proposition #5, passed 67-33% |
Michael Bloomberg |
7/11/02 |
Robert McGuire |
Change mayoral succession. The public advocate would be interim mayor and a special election held within 60 days |
adopted 61-39% |
Bloomberg |
3/26/03 |
Frank Macchiarola |
1. Create a new system of "non-partisan" elections for all city officials. |
rejected 70-30% rejected 64-36% rejected 65-35% |
Bloomberg |
8/19/04 |
Esther Fuchs |
1. Establish ethics rules for administrative law judges and hearing officers |
adopted 79-21% adopted 71-29% |
* Commissions expire the day after their ballot proposal are accepted or rejected by the voters in the general election.
For an examination of the 2010 charter commission and its predescessors, see Bloomberg Moves to Change the Charter -- But How.
If we can learn one thing from the last session of the City Council, it's that introducing bills won't ensure you're re-elected.
Former Councilmember Alan Gerson, who lost his third term re-election bid to Margaret Chin last fall, was the first primary sponsor of more bills than any other council member in the last session. He introduced 84 pieces of legislation -- more than triple the average council member, according to council records. Only seven of his bills became law.
Gerson, whose legislative records are still packed in boxes and who is planning his first vacation in eight years, said his legislative history was "overstated" -- 10 of those proposals would have regulated street vendors, which he likened to a package rather than individual bills. Nonetheless, he does take some pride in his s-called achievement.
"We are a legislative body and the way to make a difference on a legislative body is problem solving through legislation," said Gerson.
But not every member took that approach. Council members Darlene Mealy of Brooklyn and Larry Seabrook of the Bronx were the first primary sponsors on just three bills in the last four years -- less than any other council member who served a full term between 2006 and 2009. Neither returned calls for comment.
There may be a lot that goes into being a member of the City Council, but one of its primary responsibilities is to propose, hear and enact legislation. According to an analysis by Gotham Gazette, some council members take that job far more seriously than others.
Under Council Speaker Christine Quinn's first term, 25 percent of all bills introduced became law -– a slight decrease from the number of bills approved under her predecessor, Gifford Miller. During his tenure, 31 percent of all bills were approved.
Councilmember | Number of Bills Sponsored | Number of Bills Passed |
Alan J. Gerson | 84 | 7 |
David Weprin | 70 | 43 |
Tony Avella | 64 | 2 |
Gale Brewer | 63 | 6 |
Peter Vallone Jr. | 55 | 10 |
To see the full breakdown, go here.
As defined by the City Council, a first primary sponsor is the member whose name is listed first on a bill when it is initially introduced. That legislator usually lobbies other members to sign on to the bill and often spearheads it through the legislative process. Council members do co-sponsor legislation with other officials and can introduce legislation together as a team. For those bills, our analysis counted only the first primary sponsor.
In the last session, which spans from January 2006 to January 2010, 1110 bills were introduced, according to the council. They range from the sensible to the outlandish -- from regulating the licensing of pedicabs to prohibiting peeping toms.
At times, members can be given credit for legislation that is pro forma, which has been assigned by the speaker's office to the committee they chair. For instance, former Councilmember David Weprin, who headed up the Finance Committee, was the primary sponsor of 70 bills in the last term. Many of them were standard finance-related actions, like the approval of business improvement districts, and some were submitted to the council at request of the mayor.
We have also not taken into account whether members accomplished their legislative goals through other means, such as through regulation or executive order. For instance, Gerson introduced legislation to change the way the Department of Transportation installed metal plates on streets -- an attempt to silence some of the cacophony created when a truck or car passes over them. His legislation was not approved, but Gerson said the changes were implemented through departmental policy.
And, officials said, the number of bills someone sponsors says nothing about the merit of those proposals.
"I do not believe the effectiveness of a legislator is measured by the quantity of the bills they have introduced, but rather by the quality of those bills and their impact on those they are meant to protect," said Councilmember Al Vann, who fell within the bottom of our analysis. He introduced six bills, including a proposal to designate high poverty areas as community development zones, a bill to require city-subsidized developers to prepare community impact reports and a proposal to give senior citizens protection from water bill liens. "I would be willing to put those bills up against any other three by another member as far as their importance to New Yorkers," he said.
Nonetheless, other officials argue there is a difference between some members authoring legislation in scores and others in single digits.
"Let me be kind and say perhaps they are focusing their efforts elsewhere," said Councilmember Peter Vallone Jr., who introduced 55 bills in the last session.
Quinn by far has the best batting average for passing legislation. Of the 36 bills she sponsored, 78 percent became law -- the highest percentage of any council member. As speaker, Quinn sets the council's legislative agenda, and whatever she wants to move -- whether to a hearing or to the chamber floor -- will move.
On the other hand, some members, like Councilmember Charles Barron, claim the speaker's agenda setting can amount to political arm-twisting. If you don't make nice, your bill is like lead -- it sinks.
"When you're not in favor of the speaker your legislation will not be voted out of committee," said Barron.
Barron was the only member to not have any bill approved last session. He introduced 11 of them. On average council members got a quarter of their sponsored legislation approved.
Maria Alvarado, the speaker's spokesperson, said: "Every bill that is introduced goes through the same legislative process where it is fully reviewed and debated. Legislation moves forward by building a consensus and is passed based on its quality and merits. A bill's sponsoring member is not a factor."
At the beginning of her tenure as speaker, Quinn enacted several reforms aimed at giving individual council members more of a say over what happens to legislation. The move was seen as a break from the past, and was lauded by good government groups.
The reforms included a rule to allow members to bring legislation stalled in committee to the floor if the bill had more than seven sponsors. Quinn also installed a rule to allow members to propose amendments to legislation on the floor of the council.
Each of those rules has been triggered once in the last four years. An amendment was offered on the floor when the council considered term limits. It was defeated.
Councilmember Robert Jackson last December filed a "motion to discharge" to bring his proposal to require arbitration during commercial rent disputes to the floor. He later retracted the motion after fellow sponsors backed away from the bill.
Despite that defeat, Jackson said the legislative process is better under Quinn. "It's been much, much easier to move stuff if there is a disagreement… under Christine Quinn in comparison to four years earlier," he said.
Several measures that had the support of a majority of council members, such as a bill requiring paid sick leave, never came to the floor.
Last month, Citizens Union, the sister organization to Gotham Gazette's publisher, issued a report looking back at Quinn's proposals. While Citizens Union commended many of the council's reforms, it did suggest the council give individual members more freedom and independence to act on legislation. It should encourage members to offer amendments, the report states, without fear of political payback.
Three of the four leaders of the legislature and the heads of three major good government groups stood together in Albany on Wednesday morning and patted each other on the back for a job partly done.
"It's not the best thing since sliced bread," said Barbara Bartoletti, legislative director of the League of Women Voters, speaking of the ethics package that was 16 months in the making. "This is, for all of us and all of you, a very good loaf of bran," Bartoletti concluded. Senate Democratic Conference Leader John Sampson described the package as a "down payment on other things to come."
The ethics deal, which came together after months of negotiation between Senate and Assembly Democrats, is not the "whole enchilada," as one legislator put it -- or as sweeping as a proposal put forth by Gov. David Paterson earlier this month.
However Blair Horner of New York Public Interest Research Group, Bartoletti and Dick Dadey, executive director of Citizens Union, decided to support the legislature's package. (Citizens Union's sister organization, Citizens Union Foundation, publishes Gotham Gazette.) This package would create three new ethics oversight committees, require more financial disclosure from politicians and lobbyists and strengthen the Board of Election's enforcement wing. It is, the three groups say, a good, solid step, and they hail the fact that the legislation will sunset in four years, meaning legislators will be forced to evaluate and perhaps improve the rules.
The fourth major good government group, Common Cause/ NY opposes the legislature's package.
"I think it's very disappointing," said Susan Lerner of Common Cause/ NY, "I don't think it should be enacted. We are not looking at it in terms of who proposed what. We are asking, 'Is this enough change to current law to address the crisis of corruption?'"
Lerner isn't the only one who is disappointed.
A number of Senate Democrats have complained privately that the package doesn't go far enough at a time when the public's awareness of corruption in Albany has reached a peak. From the conviction of former Senate Majority Leader Joe Bruno on federal corruption charges to recent allegations against Sen. Pedro Espada, the public has been hammered with the reality of corruption in Albany.
Yesterday's meeting in Albany came as the atmosphere surrounding ethics in the capital had become increasingly contentious -- so much so that some say Patterson might veto the bill on the grounds that it does not go far enough or as far as his proposals do.
In his State of the State speech, Paterson proposed a package that Horner called the "kitchen sink and the stopper." It was so far-reaching -- instituting term limits and introducing public campaign financing -- that many observers thought it stood no chance of passing. "It's desirable, but it's dead on arrival," Dadey said of Paterson's proposal before the State of the State Address. "The Assembly and Senate will not agree to independent ethics oversight by an entity that they don't control."
As a result, Horner, Dadey and Bartoletti decided to back the legislators' plan. They admit it's not everything they want but believe it is what they can get right now.
Lerner disagrees. "There are those who are willing to settle for something less," she said, "and we can't give them the comfort that this will be enough in the eyes of the public."
Paterson chose to introduce his legislation without consulting the legislature or good government groups even though he knew the legislature was negotiating an ethics package. In addition, he lashed out at good government groups, calling them "drunk with power" and said he would require them to reveal their funding sources. Good government groups currently must disclose donations of over $5,000.
"We are not angry about the governor's package but angry at how he attacked us," said Horner. "We said nice things about his proposals. We are just skeptical of the governor's commitment. We are skeptical of his tactics and his assertions."
For his part, Paterson issued a statement Wednesday saying he was "stunned that legislative leaders would be so disrespectful to the public that only one week after he proposed a sweeping and real overhaul of the ethics system in Albany, they would try to pass this off as anything more than election year window dressing. This proposal does nothing to address the underlying issues that have caused the people of New York to lose faith and trust in their government."
He said he would "work with members of the legislature who are ready to pass meaningful ethics reform that changes the culture of Albany -- ending pay-to-play; full disclosure; breaking the special interests lock on Albany with strict campaign finance limits; and independent oversight."
The ethics package would discard the Commission on Public Integrity -- the ethics watchdog group that currently oversees all branches of state government. That group has 13 members -- seven appointed by the governor and one each by the attorney general, comptroller and the four legislative leaders. Scandals have rocked the board and many have already called for its abolishment following a report by the inspector general that found the head of the commission had illegally leaked information to Gov. Eliot Spitzer. Since then individual members have drawn fire for serving as legal advisors during the last year's Senate coup and hosting fundraisers for legislators. One member even held a fundraiser to help pay Bruno's legal fees.
Three new oversight bodies -- one for the executive branch, one for the legislature and one for lobbyists -- will replace the Commission on Public Integrity. This basically restores the system that existed before Spitzer led the charge in 2007 to combine the State Temporary Commission on Lobbying and the State Ethics Commission into one body. All would have directors appointed to fixed terms who could be removed only for cause.
The governor, attorney general and comptroller would each name two members to the six-person Executive Ethics and Compliance Commission. This means the governor would not name a majority.
A Joint Legislative Commission on Ethics and Standards, with eight members -- four of them legislators -- will keep an eye on the legislature. Members would be named by each legislative leader. In other words, legislators will be able to appoint their watchdog. Paterson has said this is a major problem for him and that he would not rule out vetoing any package that did not include an independent oversight board for the legislature.
The commission also would have a department of investigation that would have subpoena power.
The six-member Commission on Lobbying Ethics and Compliance will have two people appointed by the governor and one by each of the four legislative leaders.
David Grandeau, who served as the executive director of former state lobbying commission, said he supported the legislature's proposal simply because it brings back a lobbying oversight board. Under his watch, Grandeau said, the body gained national recognition. When asked if he would like to be part of the new panel, Grandeau said, "We have to focus on getting this passed."
Paterson's bill would replace the Commission on Public Integrity with one five-member Government Ethics Commission. It would oversee all of state government rather than splitting oversight into three sections. The five members would be designated by a 10-member commission. Good government groups favor this model, but are convinced the legislature will not vote for an oversight board that they do not control.
Under the bills in the ethics package, legislators for the first time would be required to disclose how much income they make from outside employment. Lobbyists with any business before the state would be required to reveal any relationships they have with lawmakers, including any money paid to a consulting group or a law firm that employs any public official.
The legislation does not require lawyers, along with doctors and other so-called protected professions, to disclose their clients, which journalists and good government groups have been demanding for years. Sen. Ruben Diaz has said he would not vote for a bill that does not include that requirement. However, such a provision would certainly irk Assembly Speaker Sheldon Silver and Sampson, since they both work as trial lawyers at prominent law firms.
The legislature's package would create an enforcement unit within the New York State Board of Elections and direct 35 percent of the board's annual budget to the unit. It would be harder for investigations to be stopped and easier for them to be started than is currently the case.
Penalties for campaign finance law violation would get tougher. For example, the fine for failing to file disclosure reports would double from $500 to $1,000, and legislators who failed to file more than three times in an election cycle could face a penalty of up to $10,000.
Paterson's proposal would place more restrictions on campaign donations, create a public campaign finance system and institute term limits. These proposals are not in the legislature's package. Silver has said repeatedly that "there is no sentiment" for term limits. He has served in the Assembly since 1976.
While the legislators' bill is almost certain to pass the Assembly with immense bipartisan support, its fate in the Senate is uncertain.
The Democrats' thin majority faces more peril by the day -- the Senate might have to delay its punishment of Sen. Hiram Monserrate to insure the bill gets a speedy passage.
Meanwhile, Attorney General Andrew Cuomo filed court papers presenting what Common Cause New York's Lerner called "damning evidence" against Senate Majority Leader Pedro Espada. The papers allege that the contract between Espada's healthcare network and its management company allowed him to siphon off funds for his political campaigns.
Then there is the question of whether the Democrats can count on support from every member. Diaz is already threatening to vote no, and Monserrate -- or his friends -- could use their votes as leverage to protect the Queens Democrat.
Democrats may in fact need help from Senate Republicans to pass the ethics reform bill, but the Senate Republican conference seems to be preparing to oppose the package. "It is unfortunate that despite their claims of bipartisanship, Democrats in the Senate and Assembly refused to include Senate Republicans in the negotiation of ethics reform legislation, and that they chose not to give us a bill draft until late yesterday," the Republicans said in a statement released Wednesday. "Apparently Speaker Silver and Senate Democrats think it's more important to negotiate directly with special interests than with the other elected officials they want to support the bill."
The statement continued that the Republican would review the legislation to see "how it differs from the ethics reform bill that Senate Republicans were prepared to support last year, before Senate Democrats pulled it from the floor to prevent a vote." They also said they might "offer amendments that seek to strengthen the bill."
Democrats insist Republicans had every chance to be involved in the process. When asked whether Senate Republicans were left out of the process, Austin Shafran, spokesman for the Senate Majority Conference, scoffed and rolled his eyes. "Taking ethics advice from Senate Republicans, with their history of corruption, is like taking marriage advice from Tiger Woods and Charlie Sheen," Shafran later toldthe Daily News.
Sen. Daniel Squadron, who was instrumental in negotiating the package, said that he hoped legislators could get over any perceived slights in the process or imperfections in the legislation. "It is more important to have a good bill than to have a perfect press release," he said.
Then, of course, the bill must win the governor's approval. Legislators say that it would be "suicide" for Paterson to veto the measure. However, in the atmosphere created by Paterson's caustic state of the state address anything could happen. Sampson and Silver were scheduled to meet with Paterson on the reform measure days before a deal was reached. Both leaders canceled on the governor at the last minute.
After remaining on the sidelines for years, government now seems eager to keep up with the ever evolving world of technology and new media and even to advance it. Earlier this month, the New York State Senate continued with this trend, launching an Open Legislation website intended to make it easier for New Yorkers to find out about bills and comment on them.
Transparency initiatives should seem familiar to city residents. Since taking office as mayor in 2002, Michael Bloomberg has attempted use technology to achieve more transparency. While some of these efforts have been more successful than others, they have led to the creation of 311, a phone and internet hotline for government information, and to the city's offering an array of statistics on nyc.gov. The City Council has made the text of bills available through a keyword search on its website, as has the State Assembly. Unlike the State Senate's new program, though, these do not provide a place for people to leave comments.
Sen. Jose Serrano, who launched the site in front of students at Manhattan Center for Science and Mathematics, believes that growing disclosure of the actions of the State Senate will increase citizen participation and make representatives more accountable, while also encouraging young people to get involved.
"Albany has been shrouded in mystery for so long to the point where the disconnect between the Albany legislature and the average person is beyond apathy," Serrano said. "I think this is a good initial step at creating a vested feeling for folks who are trying to access information."
The site, which debuted on Nov. 5, provides the full text of bills as well as the memo summarizing the legislation and offering the reasons for it. In this way it effectively allows those outside of Albany access to information that used to be available only to insiders.
The site does not seek to simply provide access but also tries to make it easy. Previously, doing a search required knowing the bill number.
Now, though, Open Legislation includes a Google-like search mechanism allows users to find bills by typing in a keyword. They can, for instance, search anything from "crime" to "school nutrition" and have all relevant bills appear on the results page. Performing a search on a broad keyword issue like "zoning elicits over 30 responses. For now (there are plans to possibly rework this), the results appear by bill number, rather than some other sort of distinction such as date. Visitors can view the bill in HTML, XML, CSV, or JSON format. The page for the legislation includes sections for a summary, action on it, the memo and its full text, topped off with the comments section at the bottom.
Visitors also can conduct searches by sponsor, committee, recent action or recent votes.
"We tried to build a very simple, easy to use search interface that we think will be useful to a lot of people," explains Andrew Hoppin, chief information officer for the Senate, who helped create the site with lead developer Nathan Freitas.
Those involved with the site seem most excited about the comments section. Serrano believes it will have a positive effect on future legislation.
"Traditionally, you had to go lobby physically in Albany, or you had to write memos of supporter opposition or be invited to go testify at a meeting," he said. Now, he continued, "We're trying to get the community engaged in a way that it hasn't been before. I want people to say, 'That's a great job Serrano,' or, 'No, you're totally off-base on this one, Serrano, and here's why.'"
He believes fellow senators will be receptive to their constituents' suggestions. "If elected officials have learned anything over the last year or so, it's that the public's voice needs to be heard and it needs to be heard in a meaningful way. When you partner with the public on legislation, you actually create a much better product," Serrano said.
Serrano held the launch at the East Harlem high school not only because it is located in his district, but also because he hopes it will encourage young people, who tend to be technically savvy, to get involved in government.
After giving a brief explanation of the process of law making, Serrano invited the students to conduct their own searches. Some looked into education while others delved housing related bills.
"They live in apartments that may or may not be there for them in the coming future," the senator said, noting one student investigated vacancy decontrol. "Knowing that there's a bill that will protect affordable housing, they may want to get behind that."
The website will remain in its beta form until it has been "battle tested by thousands of people using it for a number of months," said Hoppin.
And, while this may be the largest project aimed at transparency from the state in a while Hoppin said it will not be the last. A major overhaul of committee websites within nysenate.gov is also in the works. The goal is to better disclose information about committee meetings and hearing, while also providing live streaming video.
Serrano is working on launching a channel for the State Senate similar to CSPAN, where meetings would be broadcast live. He previously broadcast a committee meeting on YouTube and received what he felt were meaningful responses.
Winners appear in bold. These results are based on the unofficial vote tally as reported by the wire services and, as much as possible, directly from the New York City Board of Elections.
The official count from the Board of Elections can take weeks to complete and will be posted as soon as they are available. The results below are subject to change as the official count is made public.
Office | Candidates | Date Posted |
MAYOR | Michael R. Bloomberg (R, I), 50.62 percent Stephen Christopher (C), 1.65 percent Joseph Dobrian (L), 0.18 percent Dan Fein (Socialist Worker), 0.14 percent Jimmy McMillan (Rent is Too High), 0.24 percent Billy Talen (Green), 0.82 percent William C Thompson (D, WF), 46.04 percent Francisca Villar (Socialism & L), 0.32 percent |
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PUBLIC ADVOCATE | Bill de Blasio (D), 76.90 percent Maura Deluca (Socialist Worker), 0.95 percent William J Lee (C), 3.56 percent Jim Lesczynski (L), 0.69 percent Alex T Zablocki (R), 17.90 percent |
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CITY COMPTROLLER | Stuart Avrick (C), 2.44 percent John Clifton (L), 1 percent Salim Ejaz (Rent Is Too High), 1.26 percent John C Liu (D, WF), 76.02 percent Joseph A Mendola (R), 19.27 percent |
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Office | Candidates | Date Posted |
BROOKLYN | Marc L D'Ottavio (R, C), 13.24 percent Marty Markowitz (D, WF), 84.87 percent Michael Sanchez (L), 1.89 percent |
- |
BRONX | Ruben Diaz Jr. (D, C), 86.87 percent Allison M Oldak (R), 13.13 percent |
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MANHATTAN | David B Casavis (R), 15.92 percent Tom Baumann (Socialist Worker), 1.74 percent Scott M Stringer (D, WF), 82.34 percent |
- |
QUEENS | Robert A Hornak (R), 20.31 percent Helen M Marshall (D, WF), 75.61 percent Robert Schwartz (C), 4.08 percent |
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STATEN ISLAND | John V Luisi (D, WF), 37.26 percent James P Molinaro (R, I, C), 62.74 percent |
- |
District | Candidates | Date Posted |
Dist 1 | Margaret S Chin(D), 86 percent Irene Horvath (R), 14 percent |
- |
Dist 2 | Bryan A Cooper (R), 16.09 percent Rosie Mendez (D, WF), 83.91 percent |
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Dist 3 | Brian C Merritt (R), 19.15 percent Christine C Quinn (D), 80.85 percent |
- |
Dist 4 | Ashok G Chandra (R, C), 24.99 percent Daniel R Garodnick (D, WF), 75.01 percent |
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Dist 5 | Stephen F Kaufman (R, I), 25.68 percent Jessica S Lappin (D, WF), 74.32 percent |
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Dist 6 | Gale A Brewer (D, WF), 80.34 percent Joshua J Goldberg (R), 19.66 percent |
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Dist 7 | Robert Jackson (D, WF), 95.49 percent Firma Shlimel (L), 1.92 percent Julius Tajiddin (Free Just & Equal), 2.58 percent |
- |
Dist 8 | Melissa Mark-Viverito (D, WF) | - |
Dist 9 | Inez E Dickens (D, WF), 91.38 percent Abbi Lee Rogers-Haff (R), 8.62 percent |
- |
Dist 10 | Ydanis A Rodriguez (D, WF), 94.74 percent Ruben Dario Vargas (I), 5.26 percent |
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Dist 11 | Stephen Bradian (C), 4.37 percent G Oliver Koppell (D, WF), 79.09 percent Stylo A Sapaskis (R), 16.54 percent |
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Dist 12 | Martin D Badonsky (R), 10.13 percent Larry B Seabrook (D), 89.87 percent |
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Dist 13 | Frank Della Valle (R), 7.22 percent James Vacca (D, R), 92.78 percent |
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Dist 14 | Fernando Cabrera (D, WF), 87.11 percent Lisa Marie Campbell (C), 2.21 percent Yessenia A Duran (R), 10.68 percent |
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Dist 15 | Joel Rivera (D, WF), 96.64 percent Steven M Stern (R), 3.36 percent |
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Dist 16 | Tanya Carmichael (R), 6.72 percent Helen Diane Foster (D, WF), 92.41 percent Keesha Weiner (C), 0.87 percent |
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Dist 17 | Maria Del Carmen Arroyo (D), 96.86 percent Robert Goodman (R), 3.14 percent |
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Dist 18 | Walter G Nestler (Green) Annabel Palma (D, WF), 87.77 percent Leopold L Paul (R), 7.79 percent Arqui Sanders (C), 1.36 percent Walter Nestler (G), 3.08 percent |
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Dist 19 | Daniel J Halloran III (R, I/L, C), 52.52 percent Kevin D Kim (D, WF), 47.48 percent |
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Dist 20 | Evergreen C Chou (Green), 1.66 percent Yen S Chou (D), 44.67 percent Peter A Koo (R, I, C), 49.60 percent SJ Jung (WF), 4.08 percent |
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Dist 21 | Julissa Ferreras (D, WF) | - |
Dist 22 | Gerald F Kann (Populist), 2.05 percent Lynne Serpe (Green), 23.44 percent Peter F Vallone Jr. (D, C), 74.52 percent |
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Dist 23 | Richard W Burns (C), 2.55 percent Bob Friedrich (R), 30.05 percent Mark S Weprin (D, I, WF), 67.40 percent |
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Dist 24 | James F Gennaro (D, WF) | - |
Dist 25 | Daniel Dromm (D, WF), 74.58 percent Mujib U Rahman (R, I, C), 25.42 percent |
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Dist 26 | James G Van Bramer (D, WF), 70.40 percent Deirdre A Feerick (I), 5.87 percent Angelo Maragos (R, C), 23.72 percent |
- |
Dist 27 | Leroy G Comrie Jr. (D, WF) | - |
Dist 28 | Thomas White Jr. (D), 88.43 percent Ruben Wills (C), 11.57 percent |
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Dist 29 | Bartholomew F Bruno (R), 21.30 percent Karen Koslowitz (D, I), 63.40 percent Lynn C Schulman (WF), 15.31 percent |
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Dist 30 | Elizabeth S Crowley (D, WF), 59.36 percent Thomas V Ognibene (R, I, C), 40.64 percent |
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Dist 31 | Scherie S Murray (R, C), 11.01 percent James Sanders Jr. (D, WF), 88.99 percent |
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Dist 32 | Frank P Gulluscio (D, WF), 41 percent Eric A Ulrich (R, I, C), 59 percent |
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Dist 33 | Stephen Levin (D), 91.29 percent Elizabeth Tretter (C), 8.71 percent |
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Dist 34 | Maritza Davila (WF), 34.56 percent Jacqueline Haro (R, C), 5.58 percent Diana Reyna (D), 59.87 percent |
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Dist 35 | Letitia James (D), 92.27 percent Stuart Balberg (R), 7.73 percent |
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Dist 36 | Al Vann (D), 63.70 percent Mark Winston Griffith (WF), 32.34 percent Robert Hunter (R), 3.96 percent |
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Dist 37 | Erik Martin Dilan (D), 85.52 percent Michael Freeman-Saulsberre (R), 10.95 percent Melvin Brown (I), 3.52 percent |
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Dist 38 | Sara Gonzalez (D), 81.49 percent Allan Romaguera (R), 18.51 percent |
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Dist 39 | Bradford Lander (D), 69.68 percent Joe Nardiello (R), 16.65 percent David Pechefsky (G), 6.95 percent Roger Sarrabo (L), 3.72 percent George Smith (C), 3.00 percent- |
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Dist 40 | Mathieu Eugene (D), 94.27 percent Noel Burke (L), 3.01 percent Hugh Carr (C), 2.72 percent |
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Dist 41 | Darlene Mealy (D), 95.52 percent Rose Laney (R), 4.48 percent |
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Dist 42 | Charles Barron (D), 93.04 percent Godfrey Jelks (R), 6.96 percent |
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Dist 43 | Vincent Gentile (D), 59.73 percent Bob Capano (R), 40.27 percent |
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Dist 44 | Simcha Felder (D) | - |
Dist 45 | Jumaane Williams (D), 76.52 percent Kendall Stewart (I), 17.42 percent Salvatore Grupico (R), 6.06 percent |
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Dist 46 | Lewis Fidler (D), 79.23 percent Gene Berardelli (R), 19.46 percent Derek Sacerdote (L), 1.31 percent |
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Dist 47 | Domenic Recchia Jr. (D), 87.51 percent Jennifer Adornato (C), 9.39 percent Elon Harpaz (WF), 3.10 percent |
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Dist 48 | Michael Nelson (D), 89.83 percent Stephen Walters (C), 10.17 percent |
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Dist 49 | Timothy K Kuhn (R), 16.47 percent Kenneth C Mitchell (C), 25.36 percent Deborah L Rose (D, WF), 58.17 percent |
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Dist 50 | James S Oddo (R, I, C, WF), 74.84 percent James M Pocchia (D), 25.16 percent |
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Dist 51 | Vincent Ignizio (R), 66.10 percent Janine Materna (D), 33.90 percent |
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Ballot Proposal Number One | Passed / Not Passed |
Ballot Proposal Number Two | Passed / Not Passed |
Office | Candidates | Date Posted |
District Attorney, Manhattan | Richard M Aborn (WF), 8.93 percent Cyrus Vance Jr. (D), 91.07 percent |
- |
District Attorney, Brooklyn | Charles J Hynes (D, R, C, WF) | - |
Supreme Court - 1st Judicial District | Lucy Billings (D) Sherilyn Dandridge (R) |
- |
Supreme Court - Supreme Court - 11th Judicial District | Robert Beltrani (R, C) John F Casey (R, C) Joseph F Kasper (R) Daniel Lewis (D) Diccia T Pineda-Kirwan (D) Thomas D Raffaele (D) |
- |
Supreme Court - 12th Judicial District | Sharon A M Aarons (D) Loraine Corsa (C) Kenneth Thompson Jr. (D, C) Lucindo Suarez (D) John H Wilson (R, C) |
- |
Supreme Court - 13th Judicial District | Philip Minardo (D, R, I, C) | - |
Judge of the Civil Court - Bronx | Ruben Franco (D), 41.54 percent Stanley Green (D), 41.02 percent Marcos A Pagan III (R, C), 9.37 percent Charles F Taibi (R, C), 8.07 percent |
- |
Judge of the Civil Court - Brooklyn | Reginald A Boddie (D), 74.95 percent Vincent F Martusciello (R, C), 25.05 percent |
- |
Judge of the Civil Court - Queens | Jodi Orlow Mackoff (D) Richard G Latin (D) |
- |
Jeffrey Klein is finishing his second term representing this district that includes part of the Bronx and Westchester. Klein, who was then a member of the State Assembly, won the office in a hotly contested race in 2004 after the longtime incumbent, Guy Velella pled guilty to taking bribes.
In Klein's bid for a third term, he faces Daniel Fasolino, a retired police officer who has also been a real estate broker and homebuilder. In an interview with the Journal News, Klein said his key priorities included property tax relief and cutting spending to reflect the state's straitened economic circumstances. Fasolino cited his key concern as "the tax situation."
According to his 32-Day Pre General filing, Klein raised more than $48,000 in the reporting period and had almost $756,000 on hand. Figures for Fasolino were not available.
The inspectors are now under inspection. As of Oct. 1, the New York City Buildings Department began tracking its inspectors with Global Positioning System technology via their cell phones. Supervisors can see where the inspectors are at any given time, pull up archives of where they were the day before and even watch their minute-by-minute movement -- all they need is Internet access and a password.
The department's move faces opposition from the Allied Building Inspectors Union. The friction stems mostly from what the union claims is a lack of information about how the system will work and how the department will ensure that the technology does not follow inspectors during their time off.
The program comes amid building department efforts to cope with a year of controversy that, among other reforms, resulted in the resignation of former Commissioner Patricia Lancaster last year. The latest scandal came last week when six inspectors were arrested for bribery, and prosecutors accused the Luchese crime family of infiltrating the department.
Over the past five years, the Buildings Department has seen at least one bribery incident every year. Often inspectors themselves reported the bribe attempt to the Department of Investigations, which then worked with buildings to arrest the briber.
Tracking will certainly not solve all the department's problems. Knowing the location of an inspector does not immediately reveal wrongdoing in cases like bribery, said buildings department's spokesperson Tony Sclafani.
"This is one step to ensure integrity, but it's obviously -- it's not going to be the catch-all," said Sclafani.
The Department of Investigation has worked closely with the Buildings Department on a number of cases in which GPS tracking would have indicated inspectors were not where they were supposed to be.
Following the crane collapse in March 2008 that killed seven people, the city arrested building inspector Edward Marquette. Marquette had allegedly falsified his inspection of the site 11 days earlier. Another inspection was conducted the day before the accident.
A press release on the investigative report published this past March states that the investigators "found that the DOB crane inspection and permitting protocols would not have identified the rigging errors that caused the collapse."
GPS would have sent warning signals about an elevator inspector who was on the payroll of the Buildings Department as an inspector and of the Metropolitan Transit Authority as an elevator maintenance supervisor. On his timesheets, he claimed to have worked for both departments simultaneously.
In a statement on the arrest, then Commissioner-designate Robert LiMandri promised to begin using GPS technology to ensure inspectors arrived at their sites. Even without GPS, though, the department's Office of Internal Audits and Discipline picked up on the discrepancies, which resulted in an investigation and the inspector's arrest.
Of the GPS program, the investigation department emailed this statement on Sept. 25: "DOI is supportive of any measure that improves supervision and strengthens integrity, accountability and safety for city inspectors." Neither of the departments addressed specific inquiries about whether the Department of Investigation will have access to the GPS software or records in the event of an investigation.
The department's revamping efforts have resulted in a dozen new laws, more money for oversight programs and reorganization of leadership. So why make the extra effort to monitor inspectors even more closely? Sclafani said the three main goals were "integrity, efficiency and safety."
President of Local 211 of The Allied Building Inspectors Union, Joseph Corso, disagreed. "Public perception. Sounds good," said Corso. "That's what they're doing. They're placating the public."
Other city governments that have instituted similar programs also have faced resistance. In Massachusetts in 2006, the public safety commissioner suspended 20 inspectors who refused to accept phones that had the GPS capability needed for tracking. Here in New York, the GPS technology can be activated on existing phones,
Inspectors in Bridgeport, Conn., were fired after the fire department secretly placed GPS tracking devices in their government vehicles and found inspectors using the cars for personal use. The inspectors went to court to argue that the devices were illegal according to state law. A judge rejected their argument.
New York City has its own experience tracking government employees. The Fire Department has Automatic Vehicle Locators in all of the city's fire trucks and ambulances. Fire department spokesman Steve Ritea said that the system allows the dispatchers to send the closest vehicle to the scene of a fire or other emergency.
The Buildings Department, though, will track people, not vehicles. It has signed up to use Telenav Track, a product of Telenav designed to follow the movement of employees who work outside the office. The product's website advertises that employers "get more from your mobile workers" with minute-to-minute tracking to "keep your finger on the pulse" and alerts on when workers enter or exit a certain location.
Sclafani said that the technology would correspond with the route schedule inspectors receive at the beginning of each shift. A supervisor can sit at any computer with Internet and look up the location of his unit's workers at that moment. The supervisor also can follow them from inspection to inspection or look at past routes to see whether or not they correspond to the schedule they were given. No one can access the information without the correct username and password.
The department publicly announced the plan Aug. 28 and began implementing it two days later.
Corso said the city should have provided the union with more information than it did and might file a lawsuit over the tracking.
Although the union knew the department had been considering the program for a while, the inspectors did not receive word of its implementation until the day before the public announcement -- three days before the city started using the software with its first 10 workers. The union did not know who those 10 workers were.
To date, Corso says he has not received documentation from the department about how the software works and what the actual plans entail. He said he had two face-to-face meetings with city officials, with few results.
Sclafani said that the union was "well-informed as to the particulars of the program."
If Local 211 does not receive adequate documentation "in the very near future," Corso said that the union would take legal action, a process that starts with the federal Labor Relations Board.
The union, Corso said, wants to ensure that the workers are not tracked past designated work hours, especially since a given inspection does not have a specific ending time. There is, for example, no set time for an inspector to go on lunch break. Because workers must keep their phones on 24 hours a day for emergency purposes, Corso is also concerned the software could track the inspectors after working hours. A sales representative from Telenav said turning off cell phones deactivates the tracking device.
Sclafani said that the technology was activated and de-activated according to the inspectors' schedules. "The software is sophisticated enough where we're only tracking them on duty," he said.
Corso dismissed the tracking program as unnecessary since the Buildings Department has people ensuring that workers are on site, including unit supervisors and the Department of Investigations. People who think it is the "norm" for inspectors to avoid certain stops on their scheduled route "just don't know the system," he said.
The tracking system could do more than upset current workers, Corso said. He worries that it will deter people becoming inspectors, a sobering prospect for an agency that already has a hard time recruiting new people
The inspectors' starting salary of $49,000, said Corso, is less than they could receive in the private sector. The idea of being tracked on the job, said Corso, would present "another stumbling block."
Do you know what the public advocate does and that he or she is next in line to succeed the mayor? With New Yorkers set to vote in Tuesday's primary for many city offices, including public advocate, NY1 surveyed New Yorkers and found that most respondents not only did not know who the public advocate is or what the public advocate does, but also had no idea who is running for the office. With that in mind, here's a short primer on the origin and role of this official and the continuing discussion about the utility of this position.
The position of public advocate originated in 1831 way back when the city was still five separate boroughs, according to a 1998 New York Law School Law Review article co-written by Laurel Eisner and former Public Advocate Mark Green, who is seeking the office again. It was not called the public advocate then, but even as president of the Board of Alderman -- a legislative body representing the borough of New York and portions of the Bronx -- the position was next in line to the mayor. This job was converted into that of City Council president in 1936 -- still a heartbeat away from the mayor in the event of vacancy, disability or other absence from office and empowered to preside over the Council.
The council president had a very limited role in government. During the 1975 charter revision debate, according to Green's article, it was noted that, although the office had no real administrative authority over the delivery of city services, was not a member of the executive branch and had a very narrow role in the council, it served an important function as a "critic at large." After debating whether to eliminate the office -- the first of many conversations about its role and utility of the office -- the 1975 commission instead decided to empower the council president through "a new, quasi-ombudsman role." The term ombudsperson derives from the Swedish word for "go between" or someone who would "protect individuals against the excesses of bureaucracy."
Despite these new ombudsperson powers, the council presidency still was pretty limited in its capacity -- lacking the ability to pursue individual complaints and the enforcement tools to ensure it could actually, not just theoretically, oversee or review city agencies. With this as a backdrop, the 1989 charter revision commission again revisited the issue of the role of the council president. Some commission members proposed eliminating the office, some said keep it, and some presented a new option that is still being debated until this day -- creating an appointed ombudsperson position.
Yet again the council president's role was saved from the hatchet -- this time because Commission Chairman Fredrick A.O. Schwarz argued that the role brought balance to city government by "concentrating on the service implications of the programs" implemented by the mayor.
The 1989 charter commission gave the office new responsibilities that created a bit of a several-headed monster -- one part legislator as presiding officer of the council, one part executive as first in line to succeed to the mayoralty, one part "charter cop" through the ombudsperson role and one part pension trustee for the city's Employees' Retirement System. It also gave the office power to appoint a member of the City Planning Commission, among other appointment responsibilities.
Today, the public advocate's legislative role allows him or her to be an ex officio member of all council committees and to introduce legislation, but not to vote. The ombudsperson role, which was substantially bolstered in 1989, empowers the public advocate to address individual grievances, deal with citywide problems, evaluate the performance of city agencies and "monitor public information service complaints of city agencies."
Despite the substantial increase in the council president's authority, only four years later in 1993, legislation was proposed in the city council to abolish the office of council president. This idea was again rejected in favor of simply changing the name of the office to public advocate to "reflect its charter roles and to dispel the impression that the holder exercised a predominant role in the City Council."
Fast forward to 2009, a municipal election year, and the discussion continues about keeping New York's public advocate. While the candidates vying to be the next public advocate give campaign speeches about what they would do to bolster the office's visibility and authority, at the other end of the spectrum Councilmember Simcha Felder from Brooklyn introduced a bill and issued a report in July 2009 -- proposing to get rid of the office altogether. "It is clear to me that given the services provided by the city's 59 community boards, five borough presidents, and numerous city, state, and federal elected officials, the office of the public advocate could easily be eliminated without a loss of service to city residents," Felder said. Felder's bill is currently pending in the Council's Governmental Operations Committee awaiting a hearing.
While electing a city ombudsperson may be unique to New York City, the tradition of a public official to empower ordinary citizens, especially those who have been marginalized, originated in the United States in Jamestown, New York. Many other cities and states have this function within their government structure. Portland, Ore., describes its ombudsperson, who is appointed by the city auditor and therefore independent from the mayor and the city council, as being able to assist the public with their complaints and concerns and promote higher standards of services and efficiency.
In Detroit the city ombudsperson is appointed by the city council, but is meant to be an independent government official to respond to citizen complaints against city agencies and government departments. Detroit's ombudsperson holds subpoena power so can retrieve documents and records necessary to conduct investigations -- a power that New York City's public advocate lacks. The current office holder, Durene Brown, claims success for being the first city official to change state law in Detroit -- passing a measure to include libraries as drug-free zones.
Other cities have appointed ombudspersons who focus on addressing complaints in specific areas, like police and law enforcement or senior citizen services, as is the case in Boise and Minneapolis, respectively. Finally, Los Angeles has an ombudsperson office that boasts ombudspersons to seven different city agencies, ranging from the Sheriff's Department to the Department of Social Services.
New York's current public advocate, Betsy Gotbaum, who has been in the office since 2001, said that although people are unfamiliar with the office and it has few resources -- it has a budget that is only "one two hundredth of 1 percent of the total city budget" -- she believes it helps thousands of everyday New Yorkers with their problems. In particular, she said, her office has focused on "improving services for often ignored populations."
Gotbaum disagreed that the services her office provides duplicates other services, citing the many calls the office receives as referrals from the city's 311 non-emergency hotline. She would like to se the 311 include a "direct link" to her office.
Moreover, her office has been able to help many citywide constituents by using a sophisticated computer-based tracking system that allows her and her staff to troubleshoot individual problems while tracking trends that may indicate citywide issues.
In addition, Gotbaum's policy staff, alone or in partnership with relevant advocacy groups, conducts research and issues reports spotlighting problems. These may or may not be accompanied by a press conference depending on whether the issue is something that her office believes the local media will cover. Because of "institutional limitations" and a difficult-to-engage press, Gotbaum said it has been difficult to get attention for the issues she believes are important. Like Gotbaum and the council presidents/public advocates before her, the next public advocate will have to learn to navigate these obstacles in order to be successful.
On Tuesday, many New York City voters may go to their poll sites and wonder who they should select as Public Advocate, why does it matter and whether they believe this office serves an important function. These are all important issues to consider on Primary Day and when the next charter revision commission or local legislation raises these questions again.
DeNora Getachew is the director of public policy and legislative counsel and Andrea Senteno is the program associate for Citizens Union Foundation, which publishes Gotham Gazette.Some legislators call him the 63rd senator or the 151st assemblyman. "His vote has much more impact than that of this lone senator," said Sen. Bill Perkins.
Perkins was referring to New York City Mayor Michael Bloomberg. Whether it springs from his generous sponsoring of Senate Republicans, the weight his opinion carries with the public or the spite some lawmakers feel toward him, Bloomberg has the ability to drastically affect the direction of discourse in Albany.
With so many city issues in the hands of the state legislature, Bloomberg has made his influence felt, assisted by the staff of his Albany office as well as his deputy mayors. This year, though, Bloomberg seems to have stepped back to let his surrogates speak for him, in an evident effort to make the debate less about him and more about the issues. He reduced his combative moments in the capital and focused on the big fight-- renewing mayoral control of schools.
Supporters say he learned from the debacle of his 2008 push for congestion pricing, which ended in defeat for the mayor amid a chorus of verbal attacks from the legislature featuring such epithets as "elitist," "out of touch," and "bully!"
This year, despite the will-they-or-won't-they drama over the Senate's vote on mayoral control of city schools and the ugly spats that took place between the mayor and a group of Senate Democrats, Bloomberg won some important battles with the legislature.
"I don't think the mayor has learned anything, except that he shouldn't speak for himself or come up to Albany," said Sen. Kevin Parker, one of the mayor's harshest critics. "He thinks he is better than us and he can't hide his contempt for us at all, so he tried a different tactic."
With the legislature out of session, Bloomberg is still affecting the fate of legislation. He is currently wielding his influence to pressure Gov. David Paterson to veto the Public Authorities Reform Act of 2009.
The bill is designed to make public authorities such as the Metropolitan Transportation Authority and the Empire State Development Corp. more efficient, less subject to cronyism and more accountable, and to reduce the influence of lobbyists and politicians. The bill would create an independent budget office that can investigate authorities and monitor their spending. It would also have the state comptroller review contracts awarded by authorities that are worth more than $1 million.
The bill took shape over a period of years, put together as a result of hearings, debates and public outcry. It has been praised by the media, political experts, legislators and good government groups alike. Some observers joked the bill was one of the few good pieces of legislation the Senate passed this year.
Supporters of the bill say only two people seem to have any real problems with the measure -- Gov. David Paterson and Mayor Michael Bloomberg. And they say Paterson's objections only surfaced in recent weeks.
Bloomberg has argued the bill would hurt development projects, because it mandates that authorities must sell any land they own at the market rate. The Paterson administration has objected to the provision that would mandate the state comptroller review contracts worth more than $1 million, saying it would overburden the comptroller.
Sen. Liz Krueger, a co-sponsor of the bill, said that she finds some of the points brought up by Bloomberg and Paterson perfectly "reasonable," but still thinks "the governor should sign the bill into law." Krueger and other supporters of the bill believe a good course of action would be to address concerns about the bill by passing chapter amendments after the bill becomes law.
Krueger said neither the governor's staff or the mayor's Albany lobbyists approached her with their concerns prior to the bill's passage.
"They didn't raise them before we took a vote. I never heard opposition from the city. So I am confused, because they have brought lots of things to my attention in the past. The mayor is not a shy man."
Krueger speculates that perhaps Bloomberg's staff was focused on mayoral control and not the authorities.
Michelle Goldstein, the director of the mayor's office of state legislative affairs, said the city has long made its objections to parts of the bill known. "The city's opposition to particular provisions in this bill is not new and is a matter of public record. As currently written, this legislation would negatively impact the city's ability to pursue its economic development goals and actually reduces authorities' accountability."
In 2008, Bloomberg spokesperson Farrell Sklerov was quoted in the New York Times as saying, "The city has serious concerns that this proposal would ultimately reduce public accountability and hamper economic development."
Bloomberg aides say a number of legislators want to distract attention from the real issues by trying to make the story about the mayor and his personality.
For their part, some senators think that Bloomberg wanted to avoid an ugly battle with the Senate over the public authorities so instead focused his efforts on the relatively weak Paterson. They say that Bloomberg represents one of Paterson's few remaining allies and a powerful one at that. While these senators originally thought Paterson would sign the bill as a good government measure, they see the governor as having changed course only to keep himself in Bloomberg's good graces.
"Without a doubt there is no other influence that is significant other than the mayor's," said Perkins. "When has something this clearly good been stopped if not for purely selfish reasons?"
Brodsky agrees that Bloomberg's influence is more than apparent. "It is a matter of public record that [Bloomberg] is doing this. He is not doing this in a subtle way. It is all about power," said Brodsky.
Parker, however, says he isn't sure Paterson's stance is due to Bloomberg. "The governor is capable of making his own mistakes," he said.
It is still unclear what the governor will do, but the Bloomberg administration thinks a compromise could be reached easily if all sides sat down to talk.
Compromise seems to have become a part of Bloomberg's Albany routine since his unyielding push for congestion pricing failed in Albany last year. Bloomberg made the fight for congestion pricing personal. He demanded things of legislators both publicly and privately and refused to compromise.
Following that defeat, Bloomberg has attempted to remove himself from the argument and instead focus on the issues with the help of grass roots movements and other surrogates. And this year Bloomberg basically won his biggest battles.
"In the last session we worked with the state legislature to reauthorize mayoral control of schools and approve the city's revenue package," said Goldstein. "We are hopeful that going forward we can work with the governor and the legislature on critical issues such as the creation of a Tier 5 pension plan for new employees."
Bloomberg has an interesting array of tools to help him get what he wants in Albany. Perhaps the most useful one is his wealth. For years Bloomberg has donated heavily to state Republicans, and the change in the control of the Senate hasn't stopped his generosity. His largesse has probably helped him keep Senate Republicans as a supportive voting bloc.
Bloomberg's relationship with Republicans can be a liability as well though. Some Democrats say that by supporting Republicans from rural districts Bloomberg funds people who have propagated the upstate-downstate divide and villainized New York City. As one source put it, "From a practical standpoint, it might not be the wisest investment for the mayor to keep lavishing donations on a minority conference that is openly hostile to the best interests of New York City."
Bloomberg's Office of State Legislative Affairs keeps him connected to the capital. New York is the only city that has a full time lobbying staff at the Capitol. The office is staffed with a director, an assistant director and four legislative liaisons.
The office circulates position papers, gives legislators information about how various measures might affect the city, and negotiates and participates in the creation of legislation. They also act as ears for Bloomberg to gauge how legislators are reacting to proposals.
Deputy Mayors Kevin Sheekey and Dennis Walcott have spent time in Albany lobbying for the mayor's big issues. This year Bloomberg visited Albany twice.
This year started with the city facing major funding cuts in the state budget. Paterson proposed cutting millions of dollars of Aid and Incentives for Municipalities funding to New York City. Large cuts to education were also proposed. But the state restored the aid to municipalities, and the cuts to education were largely patched by federal stimulus money. Despite Bloomberg's contentious relationship with Democratic members of the Senate, the new Democratic majority and Assembly Speaker Sheldon Silver may well have helped Bloomberg stave off cuts. The Democratic leadership is mostly based in the city and did not want to see jobs lost across the city.
Then came the battle over the MTA rescue plan. While Bloomberg supported charging drivers for entering Manhattan -- after all he himself had proposed another version of it in his PlaNYC2030 -- the mayor was not publicly vocal about it. Many senators from the outer boroughs opposed the Ravitch plan, which would have put tolls on East River Bridges, and derailed it.
Some advocates on the other side complained that Bloomberg was absent from the debate. "You couldn't find the mayor saying anything about the MTA situation," said one senator, adding, "Maybe he was advised to stay quiet."
In the end, the legislature passed a watered-down plan that staved off high fare increases for straphangers but did not include bridge tolls. It was a defeat for Bloomberg, but because he had not been as out-front on the issue as he was on congestion pricing, it was a relatively quiet one.
While the mayor's fight to retain control of schools got off to a shaky start partly because of legislators' antipathy toward schools Chancellor Joel Klein, things quickly turned around. Bloomberg had assistance in spreading his message from Learn NY, a pro-mayoral control group to which the mayor has denied ties but which received significant funding from Bloomberg's pal Bill Gates. This helped shape the image of grassroots support for mayoral control. He also had the megaphone provided him by the New York Post, which proudly led "the campaign" to renew mayoral control. Micah Lasher was hired on as the head lobbyist for the Department of Education.
Silver, who has butted heads with Bloomberg in the past, reached a deal to renew mayoral control through an Assembly bill that contained a few new measures designed to address criticism. There is quite a bit of speculation about how the two mended fences, but people who know are not talking.
When it came time for the Senate to act, things still seemed to be coming together for the mayor. Even while some legislators demanded a major overhaul of the system, negotiations between then Senate Majority Leader Malcolm Smith and Bloomberg's office seemed to be proceeding smoothly and the Senate seemed likely to pass a bill very similar to the Assembly's.
But then came the coup that plunged the Senate into deadlock. When Sen. John Sampson became leader of the Democratic conference, supporters of mayoral control began to worry. Sampson was an outspoken critic of mayoral control as it existed.
It wasn't until the city sales tax was voted down during a legally questionable session that it became clear what a hostile crowd Bloomberg would now face on mayoral control. Sources say senator blocked the tax increase that would allow the city to balance its budget simply to send a message to Bloomberg and to retain some leverage in negotiations over mayoral control.
Once the coup ended, the Senate did approve the hike in the city's sale tax. But there still was no agreement on mayoral control.Parker brought his Better Schools Act, which would have drastically curtailed the mayor's authority, to a vote. It failed but the bill's very existence was seen as an slap in the face to Bloomberg.
Then things really got ugly.
Some Democratic senators openly taunted Bloomberg, and, when asked at a press conference whether he would negotiate with the Senate, Bloomberg said he would not be Neville Chamberlain. Later, when asked if he was comparing the senators to Nazis, Bloomberg responded, "I certainly did." A spokesperson later claimed that Bloomberg had misheard the question.
A few days later, Sen. Pedro Espada told the press he would soon be having "'Pollo a la Bloomberg." Perkins accused the mayor of "treating us like we're some people on his plantation."
A number of senators seem to revel in their contempt for Bloomberg like children trying to impress each other by taunting the neighborhood dog.
It wasn't much later that a deal was announced, having been negotiated by other senators. It gave the Senate some of the concessions it was looking for but left mayoral control largely intact. Bloomberg had his control of schools renewed, and some of the more outspoken senators had had their chance to openly bash the mayor.
In a way, both sides got what they wanted.
Even though Bloomberg succeeded, the episode, along with Bloomberg's previous setbacks in the capital, made it clear that, in Albany, the mayor does not enjoy the seemingly boundless power that he has in the city. Up the Hudson, he still finds himself subject to the whims of the legislature. If Bloomberg wins a third term this year he will likely have to adjust his approach to Albany yet again -- as the 2010 elections may leave him with an entirely different playing field.