November 18, 2010
Council Approves Agency Merger
By approving the merger of two agencies dealing with young people, the City Council hopes New York will better serve troubled kids, save money and shut a notorious detention center.
October 28, 2010
Council Unveils Domestic Violence Stats
Following a recent rash of brutal hate crimes, the City Council moved to put statistics on bias attacks and domestic violence on line.
October 14, 2010
Council Tries to Plug Some leaks
City Council tried to plug leaks in the city's water supply yesterday with a package of conservation bills. But several Republicans say they go too far.
September 30, 2010
Green Light!
Shining a light on electricity usage, the City Council approved a package of legislation Wednesday that aims to increase efficiency, including a bill requiring commercial properties to use light sensors.
July 30, 2010
Council Moves to Increase Recycling
The City Council passed several bills yesterday to boost New York's low recycling rate and keep trash out of the landfill. Members also OK'd two controversial development projects.
May 26, 2010
Fines for Unlicensed Plumbing
The City Council approved a bill yesterday to increase fines for unlicensed plumbing and fire suppression work.
February 4, 2010
Council Creates Path to Citizenship
The City Council is considering a proposal aimed at helping some immigrant children in foster care remain in the country.
January 22, 2010
The Council's New Order
Kicking off a new term, the City Council finalized its new committees yesterday -- but not without drama. See who is in and who is out.
January 7, 2010
2010 City Council's First Day
The new City Council, flush with 13 new members, re-elected Council Speaker Christine Quinn. But the vote was not without emotion and drama.
December 22, 2009
Broadway Triangle Approved by Council
The City Council approved a controversial rezoning, which community members cast as a political deal despite its promise of affordable housing.
December 15, 2009
Kingsbridge Armory Defeated by the Council
In a rare move against a major project, the City Council rejected a proposal to redevelop the Kingsbridge Armory in the Bronx, putting the debate over paying living wages under a citywide spotlight.
December 10, 2009
Green Building Bills Approved by the Council
The City Council passed legislation requiring energy audits for large buildings -- a move that some critics say weakens a key part of the mayor's sustainability plan.
December 1, 2009
Clearing the Way for Open Grills
The City Council yesterday banned those opaque sheets of metal used as security gates on businesses around the city, but the measure will not go completely into effect until 2026. Council also approved its final legislative response to the deadly fire at Deutsche Bank in 2007.
November 17, 2009
Easing Parking Rules and Opposing Gas Drilling
In its first meeting since the election, City Council took aim at the administration's policies on issuing traffic tickets, passing four bills, including one the mayor has vowed to veto. The council also approved a new police academy and went on record against drilling for natural gas in the city's watershed.
October 29, 2009
Hines Midtown Tower Approved
The City Council approves a 1,000 foot tower in Midtown, which will include additional space for MoMA, a hotel and luxury residences. The council also took aim at mortgage foreclosure consultants.
October 15, 2009
Council Bans Flavored Tobacco
Just weeks after the federal government banned flavored cigarettes, the City Council goes a step further.
October 1, 2009
Graffiti Cleanup and Rezoning Sunset Park
The City Council attempts to make graffiti cleanup faster and rezones a large swath of Sunset Park.
September 18, 2009
Sitting in Smog on the Way to School
The City Council approved a bill yesterday making a student's ride to school a little cleaner. Check out that and more in this week’s Searchlight on City Hall.
August 21, 2009
City Council Requires Pharmacies to Translate
Handing out its own prescription for language access, the City Council approved legislation Thursday requiring large pharmacy chains to provide translation services in the city's most popular languages.
July 30, 2009
Coney Island Gets a Facelift
In an attempt to revitalize an area long known as "America's playground," the City Council approved a 27-acre redevelopment plan to turn Coney Island into a year-round destination, full of retail, hotels and entertainment.
Call it Las Vegas a la Brooklyn.
June 11, 2009
Dumbo's Dock Street Project Approved
In a rare move, the City Council approved a development project despite the vocal opposition of the local council member. Councilmember David Yassky opposes the project, known as Dock Street Dumbo because, he says, it will permanently taint the view of the Brooklyn Bridge.
May 21, 2009
Keeping Eyes on the Tenant Watch List
Patrick and Tari Kelly had no idea they were blacklisted.
They were Midtown subletters for two years, until their temporary landlord decided to renovate the building. They moved to Queens and six years later tried to relocate again to Washington Heights.
May 7, 2009
Scratching Out Etching Acid
Carving out another obstacle for graffiti "vandals," the City Council approved legislation Wednesday requiring that merchants selling etching acid keep purchasers' personal information for a year.
April 3, 2009
Council Moves to Protect Access to Clinics
In an attempt to clear a path for patients at reproductive clinics, the City Council approved legislation strengthening the city's clinic access law, allowing police to arrest protesters that harass those seeking medical care.
Emerging Business Enterprise Bill 05/10/06
Gas Station Regulations 04/26/06
Street Electrocutions 04/05/06
Quinn's First Veto Override 03/01/06
Land Use and New Bills 02/15/06
Appointments of New York City Council Standing Committees 01/18/06
Quinn Elected as Speaker 1/04/05
Rejecting Landmark Warehouse in Brooklyn 11/30/05
Donations from Labor Unions 11/16/05
Financing for West Side of Manhattan 10/27/05
Health Insurance for Grocery Workers 10/11/05
Day Labor and Hindu Holiday 9/28/05
Green Buildings and Human Rights Law 9/15/05
Grocery Store Health Care 8/17/05
Garbage Plan Revisited 6/23/05
West Side Stadium Financing 5/11/05
Pollution; Allan Jennings Censure 4/20/05
Overdevelopment Measure 8/12/04
Lead Paint Law Passed 12/15/03
Rezoning Staten Island 12/03/03
Absentee Landlord Tax 11/06/03
Landmarking Cathedral 10/24/03
Water Filtration Plant 06/12/03
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To a number of advocates and lawmakers, the end of legislative session this week not only represents a chance to see several important issues resolved but provides them with their first chance to gauge the trust, the investment they have put into Gov. Andrew Cuomo and to reflect on the leadership he has offered in return. With major deals in Albany still pending, some remain unclear exactly how they feel, but black and Latino lawmakers from New York City increasingly believe that Cuomo misled them -- or at least they didn't get what they were expecting. Although no one would go on the record to voice their concerns--behind the scenes their frustration is boiling over.
Today legislators are expected to vote on "the big ugly," the end-of-the-year deal that contains a property tax cap, a bill changing tuition rules for the city and state universities and a rent law deal that has been slammed by tenant advocates. And even now all the details are not clear.
With major cuts to education, health care spending and other social safety net programs across the state, as well as funding to New York City in the budget, minority legislators as a whole wanted Cuomo to make it up to them, to deliver on a promise that he is a Democratic leader who cares about issues important to downstaters, working class, the poor and black and Latinos. Most think he hasn’t done that.
Cuomo has had problems with the minority community, going back to his 2002 gubernatorial primary challenge to the state's first major black political candidate, Carl McCall. Cuomo dropped out of the primary, and McCall went on to lose to Gov. George Pataki. When he ran for governor eight years later, Cuomo was criticized for not picking a lieutenant governor of color or from the city. After his election, Latino politicians criticized him for not placing any Latinos in major cabinet positions.
Many of these legislators and some advocates then pinned hopes for having their faith in Cuomo restored on the last week of session. They even warned Cuomo that their support hinged on what he delivered on rent laws. It was a lot to wish for, perhaps, and almost impossible to achieve.
When Cuomo withdrew from the Secure Communities program, a move lauded by Latinos in the state, a number of city lawmakers said privately that they felt that the move was only the "tip of the iceberg," something Cuomo had to do to show that he was paying attention to their community. Rent laws would provide the real test, not only of Cuomo’s relationship with blacks and Latinos but also of how progressive he would be.
"Andrew has the chance to be the leader of the Democratic Party," Michael McKee, treasurer of Tenants PAC, told Gotham Gazette earlier this month. "Andrew has a chance to do something Democratic, unlike what he has done up to now, which has been very Republican. He has a chance to do something for the Democrats with rent."
When McKee got wind of the agreement Cuomo had reached with the Assembly and Senate Republicans, it was clear he felt Cuomo had failed. He said Cuomo "sold us out," and that the bill was an "unmitigated disaster for tenants."
Sen. Adriano Espaillat visited the Assembly to glean details from members just after they had been briefed by their leadership. He told reporters quickly afterward that he wasn't sure what Cuomo had given up "to the other side," was worth what Democrats got in the rent deal.
What McKee and a number of Democratic legislators from the city wanted was a clearer effort to repeal vacancy decontrol so that apartments are not taken out of rent stabilization when they are vacated and the rent is $2,000 a month or above. One Senate staffer described the effort to do away with vacancy decontrol as "like Republicans pushing to ban abortion. It isn't going to happen, but we have to push for it."
Tenant advocates also hoped to change the process by which landlords can take apartments out of rent control by making improvements to the building—or by simply reporting that they have. The wanted the state to have to check to see whether reported improvements actually took place.
Lawmakers and advocates were ecstatic last week when they heard that Cuomo had threatened landlord groups that he would declare an emergency and kick rent control into the hands of the New York City Council. The move apparently led to some concessions but not the kind advocates were looking for.
Although the deal is still reportedly being tweaked in the backroom, no drastic changes are expected. And this is what we know so far:
The 421-a tax credit, which gives developers a tax break for setting aside 20 percent of a building for affordable housing, will continue for four years. Vacancy decontrol will still exist, but the bar will be set a little higher. The rent threshold for removing an apartment will go from $2,000 to $2,500, and maximum annual income will increase from $175,00 to $200,000. There is supposed to be a new measure to check on the work landlords claim to have done, but exactly how that will happen isn't yet clear. The rent laws will expire in four years and will be combined with the property tax cap in a bill that will expire in five years.
Republicans in the Senate were seen as getting more from this deal than downstate Democrats. As for Cuomo, who had said only that he wanted "stronger" rent laws and who made a tax cap one of his top three priorities, it seems that he came out of the deal fairly happy. He told reporters at a scrum yesterday, "You probably have to go back 30, 40 years to find a rent regulation bill that does as much for the tenants. You always try to do better, but the best bill in decades, I think, is pretty good."
Earlier in the day, the Black, Puerto Rican, Hispanic and Asian Legislative Caucus held an emergency meeting to discuss the rent deal. Then caucus chair Assemblymember Karim Camara and Assemblymember Hakeem Jeffries, both of Brooklyn, met with the governor. They exited the meeting with little to say.
Jeffries told reporters, the "deal as it is remains as it is," but said it may need "clarity and strengthening." Instead of criticizing Cuomo, he blamed Senate Republicans, whom he called a "wholly-owned subsidiary” of real estate interests.
Cuomo told reporters his rent deal increased the rent threshold for vacancy decontrol by 25 percent. "Maybe you flip it the other way and say, was there anything that would make you happy?" he said of disgruntled advocates and legislators.
As it stands, legislators don't seem willing to call Cuomo out publicly on the deal. Some are still waiting for all the final details, and others still seem a bit off guard.
"It's hard to have a complete assessment of the governor's performance with so much undone," said Sen. Kevin Parker. "He is taking his final now, he has a chance to significantly improve his grade."
Another senator from the city, Gustavo Rivera, still holds out hope that the rent deal will somehow be stronger than the details that have so far been made public.
"I believe that with the governor's support we can pass stronger rent laws that will protect my constituents and those in rent regulated units throughout the state. There has been speculation about what the final product will look like in terms of the rent regulation legislation -- but nothing concrete. Proposals that do not end vacancy decontrol simply do not do enough to end predatory practices by bad landlords in the Bronx and throughout the city," he said.
Others, such as Assemblymember Rory Lancman, believe Cuomo and Assembly Speaker Sheldon Silver did their best on the rent deal. "At the moment we have a Republican Senate that is eager to see rent regulation expire because then gold would rain down upon them from real estate industry. We’ve got to take what improvements we can get and live to fight another day," he told Liz Benjamin. "Hopefully, we can revisit this issue with a Democratic majority in the Senate in two years. If anyone thinks that [Silver], with full support of Democratic conference, hasn’t gotten the best deal that can be gotten, I think they’re being unrealistic."
Even if the city Democrats decided to directly challenge Cuomo, it is questionable how successful they would be.
Cuomo is hugely popular; people are writing articles touting him as the most successful governor in America, and his name is being bandied about as a 2016 presidential candidate. Most Assembly members and senators from the city view the Republican majority in the Senate as the main impediment to a better rent law and other legislation that they think would benefit their constituents. If they want to retake the majority, Cuomo may be the best tool they have.
The Senate Democratic leadership has told its members all year not to rock the boat, but to let Republicans be active in the hope the GOP will screw up and New Yorkers will vote them out in 2012. The Democratic leaders fear any repeats of their two years in the majority when they could not keep their majority together -- largely because of too many unpredictable legislators from the city. This year, they are trying to do better. In fact they had their ducks in a row on marriage equality -- knowing where all their members stood on the issue long before even the possibility of a vote became a reality.
Meanwhile , rumors run rampant among legislators and advocates that Cuomo made a weak on rent regulation to guarantee a vote on same-sex marriage, or that it’s all part of a Machiavellian scheme to help keep Senate Republicans in the majority. Regardless of rumor, the plain truth is that so far Cuomo's agenda has not meshed with that of the city legislators of color. Cuomo is a fiscal conservative, and his stance against the millionaires tax and for major budget cuts is not what many of their constituents want. But without more leverage it isn't clear how these legislators are going to get their way or get along with the governor for the rest of his term.
Late on Wednesday night, the senate moved to pass its fifth temporary rent extender. Espaillat and a number of Democrats voted against one of the extenders earlier this month as a sign that they wanted in on negotiations. Cuomo responded viciously saying that the legislators were shirking their duties--despite the fact that Cuomo and advocates had said there would be no great danger if the laws lapsed temporarily.
A frustrated and tired Espaillat rose to explain his vote last night saying hopefully that the senate's repeated failure to pass a more permanent measure indicated, "perhaps there is still room to negotiate," to win greater reforms. The extender passed unanimously.
With 19 days left in the legislative session and the budget signed, sealed and delivered, Gov. Andrew Cuomo announced on Wednesday that he plans to tour the state with his cabinet to build public support for his legislative priorities. Those priorities -- a property tax cap, same- sex marriage and ethics reform--all face major hurdles in the legislature, a legislature that Cuomo can no longer sway with promises of favors and restored funds in the budget. Cuomo must now rely on the power of his popularity -- according to most opinion polls Cuomo enjoys a 70 percent approval rating among voters.
For weeks after the budget passed advocates wondered when Cuomo would take to his bully pulpit and start pushing for the legislation he spoke about during his campaign: gay marriage, an ethics bill, redistricting reform, rent law renewal and a property tax cap. On Wednesday some of those advocates were disappointed that their issues were not at the top of the list.
Some saw Cuomo's move as a sign that backroom negotiations have broken down, that Republicans in the Senate are stonewalling Cuomo on ethics and marriage equality while Assembly Democrats are blocking a tax cap. But things aren't as clear as they might seem. Cuomo insisted at the news conference on Wednesday that the tour was part of his plan all along and that he had not faced any sort of setback in the negotiations.
"From the early days of my campaign, I have said we need to bring the people back into government," Cuomo said. "That is what we did during the budget process, and we achieved historic reform. Now, we must do it again in order to keep moving forward. The people want their property taxes capped, they want Albany cleaned up through real ethics reform, and they want marriage equality. We are going to engage the people of this state to build a broad coalition behind this agenda so that these reforms are not just talked about but actually passed this session."
Despite his high poll numbers, some legislators doubt that Cuomo has the leverage he needs to force the passage of his favorite legislation. The passage of the budget removed Cuomo's main sticks and carrots; without them, they say, his hand is weakened. And they note that some politicians who had already made public promises to support some of these policy initiatives now seem loathe to back them.
Sen. Neil Breslin, deputy majority leader to the Democratic conference, said that he feels that gay marriage and ethics reform will not get any hearing in the Senate until the end of session, and at that point he isn't sure what the senators will do. But, he said, "The Senate Republicans are up against the wall." Republicans have to decide whether they should keep their promises and bring things they oppose to a vote or simply deny them a vote. Either way they will likely feel a negative impact at the polls sometime down the road.
Senate Majority Leader Dean Skelos pledged during his campaign -- and has repeated it since the Republicans won back control of the Senate last November -- that he would allow gay marriage to come to a vote and let his members vote their conscience. Skelos even said he would allow Democratic Sen. Tom Duane, the only open gay senator, to carry the bill, even though the bill would normally be carried by someone in the majority.
But so far there is no marriage equality bill in either house. The Assembly in the last few years has repeatedly passed a bill, only to see it languish or fail in the Senate. Those backing the measure may be delaying the introduction of the legislation until public pressure generated by Cuomo stirs up more support.
Even if Republicans do not simply block-vote against the measure as they did in 2009, few observers expect more than a small handful of Republicans to vote for the bill. It also remains unclear how many Democrats are on board; Sen. Ruben Diaz, a Democrat, has become the most outspoken member of legislature to oppose the measure, and Sen. Joseph Addabbo also voted against the measure early in the roll call -- a vote some credit with setting off a domino effect that led to the measure's defeat.
Eight Democrats voted "no" -- Adddabbo, Carl Kruger, Darrel Aubertine, Diaz, Shirley Huntley, Hiram Monserrate, George Onorato and Bill Stachowski. Only four of those Democrats remain in office. Addabbo and Huntley have indicated they may have changed their stance since the last vote.
It is unclear, however, whether passing gay marriage on their watch or presiding over another year of its failure will do Republicans more harm or good.
"I think they are forced to bring this to a vote," said Breslin. "They've said they will bring it to the floor, and the Democrats are much better than we were before. If they [Republicans] block-vote against it I think they will suffer negative effects in close districts."
Cuomo is counting on his coalition of gay rights groups and celebrity supporters to help push public support to a boiling point that legislators simply can't ignore. First, though, someone will have to introduce a bill.
Cuomo's ethics package would require legislators -- including tose who are lawyers -- to disclose more about their outside sources of income and empanel an independent commission to investigate ethics violations. It reportedly faces most opposition from Senate Republicans. "The Assembly and the governor have a full agreement on an ethics bill. The issue is getting the Senate on board," Assembly Speak Sheldon Silver told reporters in April. In the past, Silver, a trial lawyer, has blocked moves to have lawyers disclose outside income. Skelos also is also a trial lawyer.
Cuomo has repeatedly threatened to empanel a Moreland Commission, which would have sweeping authority to investigate corruption in the legislature, if the legislature does not pass an acceptable ethics package.
Still, there has not been much movement on the issue. Skelos continually insists to reporters, "There will be an ethics bill passed by the end of session." But Skelos has not allowed a series of Democrat-sponsored ethics bills to make their way through the legislative process. They have not been discussed in committee and are simply rotting on the vine.
To combat this, on Wednesday Democrats held an interactive public forum to discuss their bills and get the public's opinion. Good government groups testified and were cautious not to alienate the big boys at the negotiating table: Senate Republicans and Assembly Democrats. They made sure not to label anything a make or break to ethics legislation.
"We need to make sure people can trust the state legislature again," said Sen. Gustavo Rivera, who defeated the notorious Sen. Pedro Espada in the Democratic primary last year and took part in Wednesday's forum. "We need to have this discussed publicly. The Republicans made a commitment to ethics and redistricting reform."
Rivera said he wants to be able to discuss his bill, part of the package of ethics reforms the Democrats have put forward, which would increase financial and client disclosure requirements. "If they think it can be made better, let’s discuss it in public. I know they ignore us when it is useful for them," he said.
The property tax cap may not have much to do with New York City, yet legislators have tried to tie the issue to the renewal and possible strengthening of New York's rent reguations. Cuomo has said that he supports the "strongest possible" strengthening of the rent laws, but he did not make them the focus of the announcement of his tour. He has refused to name what specific measures he does or does not support when it comes to renewing and strengthening rent regulations.
Senate Republicans are opposed to strengthening rent laws and have even introduced a bill that would weaken them. Sen. Catherine Young has introduced a bill that would allow landlords to deregulate apartments much more easily than they can now. On Wednesday Sen. Liz Krueger questioned Young's motives for introducing such a bill. Young, who represents western New York, where rent regulation is not much of an issue, declined to say who lobbied her to support the legislation. Cuomo may be shying away from a full court press on the issue because he does not want to anger Senate Republicans who have greatly benefited from campaign donations from the real estate industry.
As for the tax cap, that would limit any increase in property tax rates to 2 percent per year or the rate of inflation, Senate Republicans passed Cuomo's program bill as one of their first legislative actions this year. The Assembly has not moved on the bill, and Silver says he intends to introduce his own version of a cap, with tweaks. Legislators are afraid a strict property tax cap would hurt schools and public services while still forcing localities to pay for unfunded mandates from the state.
Skelos has refused to negotiate on the cap with Silver, while Cuomo has said he prefers his own bill but would be willing to hear other ideas. Fred Dicker of the New York Post reported this week that Senate Republicans only passed Cuomo's version of the bill because they know it won't pass in the Assembly. "I think Republicans are really nervous on the tax cap," said Breslin.
Cuomo did not make redistricting reform a major feature of his initial tour announcement. The measure would take the drawing of district lines out of the hands of the legislature and create an independent body to oversee the task. As it is now the redistricting process allows the majorities in both houses of the legislature to draw up districts that lean toward their base. This helps their incumbents stay in office. Experts say that this process has kept Republicans in control of the State Senate.
Many see the redistricting issue as a key to the Senate Republicans' survival and yet Skelos and a number of his members signed former Mayor Ed Koch's pledge to support independent redistricting. Despite that, Skelos has insisted that passing a law to redo the redistricting process would be unconstitutional. Instead, the Republicans in the Senate passed a motion that would change the redistricting process through a constitutional amendment. That will take years and multiple sessions of the legislature to complete, meaning the new, supposedly fairer districts would not kick in until after the 2020 census.
Koch and his supporters said that Skelos' measure was stalling tactic. They want Cuomo to help them pressure Skelos into action by pledging to veto any district lines drawn by the old process. A veto would then leave the courts to draw up the district lines -- something that would likely also not favor the Republicans. So far, though, Skelos hasn't budged.
Cuomo has not made his stance on his independent redistricting a focus of his public outreach. When reached for comment on Cuomo's tour and the list of his priorities a spokesman for Koch's group NY Uprising noted that Cuomo did make ethics reform a major part of the unveiling of his tour.
With 19 legislative days remaining observers agree that Cuomo needs to get the wheels moving on his key legislation. Breslin, though, thinks Cuomo has time on his side -- "I think most of this legislation will be rushed through at the end of session. If it doesn't come up I think the governor will be more than happy to keep us here until these issues are resolved."
Tom Robbins, formerly of the Village Voice, had an interesting prediction for Gotham Gazette in 2010: "Andrew Cuomo launches his campaign for governor and tells Post state editor Fred Dicker that he's going to be nothing like Spitzer. â€You and Eliot really got off on the wrong foot, Fred, and I’m not going to let that happen with us,’ he vows. â€No governor in his right mind wants both you and your boss Rupert as enemies. I learned that from my father.’ In the following weeks, Dicker runs off a string of exclusive stories based on insider tips from the AG’s office and Cuomo campaign."
That exact series of events probably did not take place in real life, but Gov. Andrew Cuomo apparently has won himself the unwavering support of the New York Post's Albany editor, Fred Dicker, and the Post's editorial page. The cozy relationship between Cuomo and Dicker, with Dicker getting loads of information from the close-lipped Cuomo administration but attributing barely any quotes to Cuomo, leaves other Capitol reporters feeling a bit burned and skeptical about the openness of the Cuomo administration.
Virtually all politicians want to control the media and get their message out, but Cuomo seems to have taken this to a higher level, refusing on the record communication with some of the state's leading news outlets, favoring a single sympathetic reporter and using advertising to press his case.
So far, Dicker seems a major beneficiary of Cuomo's approach. Dicker, a 30-year veteran is known as a dogged, opinionated Capitol reporter. Along with his column for The Post he also has an A.M. radio talk show that is must-listen radio for Albany insiders.
"All you have to do is read the New York Post to see how often Freddie and Andrew talk, though the attorney general has, over the last couple of years, rarely been directly quoted," said Wayne Barrett in a blog post titled "Andrew Cuomo Hanging Out With BFF Fred Dicker Not Good News for Other State Democrats" dated July 29, 2010, documenting the perceived close relationship between Dicker and Cuomo.
"Since Cuomo announced his candidacy, the governor-to-be, who still won't appear on NY1, has gabbed four times on Dicker's Talk 1300. In fact, he's so comfortable on the show that he sounds like he thinks he's still whispering off the record to his trusted confidante," Barrett continued.
NY1 keeps a "Cuomo Clock" that tallies the number of days Cuomo has not appeared to do an on-air interview with the network. The clock sits somewhere around 1,524 days as of writing.
Barrett wasn't the only one concerned with Cuomo's connection to Dicker last year. Remember Carl Paladino? Paladino and Dicker got into a heated exchange during a meeting of the business council last year. The men exchanged words about assertions Paladino had made about Cuomo's love life and about investigations Dicker was supposedly doing into Paladino's daughter. After Paladino threatened to take Dicker out, his press secretary Michael Caputo accused Dicker of "working for Cuomo." Paladino called Dicker a "stalking horse," for the Cuomo campaign.
Rex Smith, editor of the Albany Times Union, a paper that Dicker derides on his radio show, says that Dicker's coverage has "driven entire episodes at the Capitol."
One good example might be the "Trooper Gate" scandal. The Albany Times Union had reported on Bruno's use of state vehicles -- apparently thanks to a tip from the Spitzer administration. Dicker's relationship with Gov. Eliot Spitzer was extremely contentious, so Dicker quickly took the side of Republican Majority Leader Joe Bruno.
"Fred's coverage is extremely lopsided and favors whatever the Cuomo administration is fanning for. It seems to me it has been that way for years. I think the Cuomo administration uses Fred as a wall post so people can see what they are planning," said Smith.
Smith said that Dicker's "standards for sourcing" allows people to say things they wouldn't if their names were attached it. This means the Cuomo administration and its friends can drop stories in Dicker's lap with impunity and still deny they have a close relationship with Dicker.
"To Fred's credit," said Smith, "he gets strong tips from people -- legitimate tips."
Dicker did not return requests for comment.
The Post does not seem to mind shifting its positions to accommodate Cuomo. In the dispute over changing the last in first out rule for teacher layoffs, for example, the Post jumped suddenly from supporting Mayor Michael Bloomberg' support for ending seniority based layoffs to backing Cuomo's position.
Of course, the Post editorials could reflect sincere belief or an eagerness to support the governor after four years of turmoil in the state's executive branch.
"The governor is a popular guy," said a source who was the subject of a Post editorial that appeared just as Cuomo's irritation with this individual reached its peek.
"I think there is a sense of 'Let’s give the guy a chance,'" the source continued. "This governor is particularly skilled at certain things. But I think his manipulations have cost him with the press."
The source cited early revelations about Cuomo's ties to the Committee to Save New York and its reluctance to register as a lobbyist as an example.
Cuomo has made his relationship with the press and the media in general a cornerstone of his governorship. Even before he officially announced his candidacy for governor, Cuomo worked hard to tightly control his message -- and then get that message out. In that he seems almost the opposite of his predecessor David Paterson, who seemed to delight in on off-the-cuff conversations with reporters and on talk radio.
Cuomo announced early on that if labor challenged his position on budget cuts, he would a counter with his own ad campaign. Through the Committee to Save New York he has done just that. Meanwhile people who disagree with Cuomo publicly can expect a quick -- and harsh -- response.
All this -- and the Post's role -- came together in a dispute that involved the Committee to Save New York. It became known earlier this year that the group was not registered as a lobbying organization.
From the start, the Post rushed to the defense of the Cuomo administration and the Committee to Save New York. When Blair Horner of the New York Public Interest Research Group brought up the fact that the committee was not registered as a lobbying group even though it was technically functioning as such, the Post reacted with an editorial titled "Cynical Moralists," slamming Horner.
"So the committee's enemies -- backed by an ostensible voice of reform, the New York Public Interest Research Group, and other so-called good-government groups--are muttering about a supposed unholy secret alliance between the new governor and the business community," the editorial read.
The Post wasn't terribly concerned that the Committee to Save New York was not registered as a lobbyist and attacked Horner for pointing it out. But it took a very different stand when Billy Easton of the Alliance for Quality Education protested Cuomo's budget cuts. The Post's editorial "Pigs in Saints' Clothing" pointed out that Easton is not registered as a lobbyist.
"Walk just about any capitol corridor in Albany, and odds are you’ll trip over lobbyist-without-portfolio Billy Easton, of the fraudulently mislabeled Alliance for Quality Education," said the Post. "We say without portfolio because, while rare is the legislator whom Billy hasn’t buttonholed lately, he has yet to register as a lobbyist this year."
When chief Judge Jonathan Lippman submitted a budget that did not contain the level of cuts Cuomo had asked for, the Post again jumped to the governor’s aid.
"Lippman essentially stuck his thumb in Gov. Cuomo’s eye -- budgetarily speaking," the editorial said. "The new governor asked for restraint, and the jurist said, 'Maybe for thee but certainly not for me.'"
As the budget season has worn on, the Cuomo administration has begun to join in with the Post; Cuomo's press secretary, Josh Vlasto, has been blasting targets for the slightest annoyance.
Horner earned Vlasto's scorn for opposing legislation Cuomo proposed that would put caps on awards for medical malpractice suits. (Horner worked for Cuomo when Cuomo was attorney general.) Vlasto "called Horner a "mouthpiece for trial lawyers."
Horner shot back e-mailing The Observer's Azi Payabarh saying, "Pretty funny the best insult a career mouthpiece can come up with is to call someone a mouthpiece. It's not about personal insults, it's about the cruel impact that could result from the deal cut by the governor."
Vlasto denied that the Cuomo administration has any sort of special relationship with Dicker but did not provide any statement.
Horner said that a lot of people want to see Cuomo succeed -- himself and NYPIRG included. "We are the groups cheer leading the governor on a lot of issues like independent redistricting and ethics reform," he said.
However, Horner added, "I think personal attacks are beneath the office of the governor. I thought that last year when we had a governor attack us in the state of the state and I think it this year. The governor's office has always cracked down hard on criticism -- this isn't kick the bean bag. Unfortunately, it is their job to undermine the policy difference but if you want good public policy you need to talk to both sides."
Assemblymember Richard Gottfried, who sat on Cuomo's Medicaid redesign team, got his taste of the administration's tactics when he said he didn't agree with the group's quick approval of Cuomo's plans and didn't think the recommendations would actually save the state as much money as the committee claimed it would.
Vlasto went back to work. He told the New York Times that Gottfried is a "protector of Albany status quo and special interests."
Gottfried and Assembly Speaker Sheldon Silver released a statement the next day expressing their support for the design team's work.
"There is a difference between contentious policy disagreements and getting personal. I think we are starting to see that he is a bit thin skinned," said the source.
Shawn Barry, of Voices of Community Activists and Leaders, a group that is protesting Cuomo's budget cuts said he thinks the vitriol does not help the debate. "It does seem there is a level of intimidation, a level of being vindictive. I think that came out of the campaign when anyone who issued the faintest criticism of his campaign got phone calls from the governor's aides. The sort of ad hominem attacks on the Dick Gottfried and Blair Horner -- there is a way to disagree with them to debate the substance of the critique without directly attacking the person especially people who have such long respected careers as those guys."
So what does all of this mean? Cuomo, who enjoys a 70 percent approval rating, seems quick to scuttle any dissent. For now, he only need rattle his saber to frighten off legislators, who currently have zero political capital, and he has successfully countered the arguments of opposition advocates with editorials in the Post and tongue lashings from Vlasto.
Some question, though, whether this can last. They think Cuomo is growing thin skinned and that his "my way or the highway" approach is actually fanning the fires of opposition. Sixteen protesters were arrested at the Capitol late last month, and groups that oppose cuts to education, school aid and services for the poor are stepping up their campaigns and pushing for the governor to keep a tax on the richest New Yorkers, something Cuomo has vowed he will not do.
Barry said the cheerleading for Cuomo in the press has made it difficult to get any dissenting message out. Cuomo hasn't even commented on the protests in the Capitol that led to the arrest of 16 activists.
Barry notes that polling shows that while Cuomo is popular his budget cuts are not. "When people are asked about the substance of the governor's agenda he no longer has majority support," Barry said. "His personal popularity continues to be high but there is this echo chamber ... a feedback loop. Some parts of media just feeds on itself. People hear the governor is popular and doing great things and that reinforces his popularity."
He believes this has made it nearly impossible for ideas other than the governor's to make it into the main-stream media.
"We are not getting any substantive evaluation of who benefits from Cuomo's agendas," Barry said. "The media drives the agenda. Some journalists go from mere reporting to pushing political agenda and political ideology. I don’t think that contributes to a healthy debate for New York State. You see it with Fred Dicker and Bill Hammond who do a mixture of opinion and reporting."
Barry isn't the only one who thinks as the Wall Street Journal wrote: "As the budget deadline draws closer, and policy hot spots have inflamed, the Cuomo administration is feeling a not-so-gentle tug back to earth."
"The governor loves to appear on Dicker's show and his inner circle loves to source Dicker. If there is news you first read about it from Fred Dicker. The governor knows knows how to spin media and manipulate public image of the administration, he may be more particularly skilled at doing it but it does not mean all the public on board or he is infallible," said Barry. "He may seem like he is Teflon on the surface but it seems like the criticism is sticking."
From 2000 to 2010 New York's spending on economic development tripled and yet private sector employment dipped by 2.1 percent during the same time period.
Now Gov, Andrew Cuomo wants to reverse both trends. In his budget speech he stressed the need to expand the state's economy. "We need jobs and we need revenue," he said "Longterm, it's jobs, jobs, jobs."
In the same speech in January, though, Cuomo called for reducing capital spending on economic development and for cutting the operations budget as well.
To accomplish this, Cuomo has set out a few broad strokes, such as improving the business climate and cutting taxes. He has named former Business Council CEO Ken Adams as the new head of the Empire State Development Corp., which is charged with overseeing economic development across the state.
Cuomo has outlined a number of proposals that he says will get the organization back on track toward creating jobs and attracting and fostering new businesses. Past that, it is unclear if Adams or even the Cuomo administration knows what, exactly, they are going to do to turn around the corporation, which has been seen in recent years as ineffective, scattered and bloated.
Neither Cuomo nor officials at the Empire State Development Corp. would comment for this story.
Legislators are anxious to find out what Cuomo has in store. In particular, they want more information about Cuomo's plan to create 10 Regional Economic Development Councils staffed by representatives of local businesses, government and academic institutions. The administration describes the councils as a "one-stop shop" for all the state's economic development programs. The councils are expected to initially receive $200 million in funding.
According to the Cuomo administration, these councils will put an end to the trend that saw state spending on economic development increase from $448 million in 2000 to $1.6 billion in 2010 while private sector employment decreased. According to Cuomo's administration, programs like the Empire Zone program, which gave tax credits and other benefits to lure projects into the state, did not have to account for whether they created job. While the state tried to create jobs on one hand, some in the administration says, Albany's mandates were cumbersome to business and ignored the realities of different parts of the state.
But legislators and economic development experts alike remain unsure exactly how the planned councils will function -- which programs they will bring together, how they will do it, how their success will be measured and where the power will lie in overseeing them.
"We don't have the information," said Sen. Bill Perkins, who sits on the authorities committee. "What are these regions? What is the plan? I am curious. I won't say suspicious, but when someone withholds information I have to wonder 'why?'"
Brian Sampson of Unshackle Upstate, who once worked for ESDC, said he thinks the councils will bring everyone together and improve efficiency "so that businesses in New York can grow faster. There won't be that 6- to 10 -month wait while things get sorted out. You will have the people with local knowledge at the table."
Development covers a wide variety of projects and endeavors, from enticing Jet Blue to expand its operations in the city, to boosting downtown Rochester, to helping cutting edge entrepreneurs -- and to building a basketball arena and luxury housing development in downtown Brooklyn.
As to which type of project he might favor, Adams, who has yet to be confirmed as ESDC chairman, remains a question mark. legislators and the business community think he is friendly to big business and supportive of Cuomo's desire to reduce the burden of doing business in the state by cutting taxes and red tape.
"There are those of us who believe that job creation and opportunity are best handled by small businesses, and I don't know if Ken really comes from that background," said Perkins.
"I think Ken was appointed as a signal to the business community that New York wants to create a pro-business environment. I don't think Ken would embrace something called the millionaire's tax," Perkins added. Neither does Cuomo.
Lt. Gov. Robert Duffy has been assigned to oversee the development councils, but they also are supposed to be part of the ESDC, making it unclear who will be in charge of what. Duffy has been traveling the state with Adams to "find the key decision makers for each region," as he told the Long Island Business News.
"Ken Adams is a great guy, but the question is, 'What is his role?'"said Andrew Rudnick, CEO of the Buffalo Niagara Partnership. Rudnick has worked with Adams before as both represent business organizations.
"We have an ESDC board chair who has yet to be named, and initially we heard before Ken Adams was named that the ESDC would be lesser in some way. So you have to know how will the responsibility be spread out between the regional councils and ESDC central. You don't know if he is the right man for the job until you know what it is."
To appreciate why changes to the ESDC matter so much you have to understand what the ESDC has done up until this point, but many experts say that, too, is hard to quantify.
The ESDC was created in 1968 primarily to oversee the construction of subsidized housing projects. As an authority, the ESDC can issue bonds to fund major projects without voter approval, and it also has the ability to use eminent domain. That has been a hot topic because of the Atlantic Yards project in Brooklyn.
In 1975, after nearly entering bankruptcy because of mismanaged projects, the ESDC was retooled to fund general economic development projects across the state. Gov. Mario Cuomo used the corporation to finance the building of 30 prisons, doubling New York's prison system.
The ESDC's mission is largely determined by the legislature. The Senate and Assembly approve plans to provide incentives to lure business to certain areas and then the ESDC has to carry out the plans. The ESDC also works on major projects like Atlantic Yards where business organizations come to the corporation and ask for assistance with a major project.
The ESDC has been involved in other major landmark projects across the state, projects such as the revitalization of Niagara Falls and the planned construction of a new Pennsylvania Station, the Javits convention center, and the planned work on Governors Island. It has also been in charge of federal funds to rebuild Battery Park.
The ESDC has come under major criticism in its role for Atlantic Yards. Homeowners and property rights advocates say the organization justified the project and seized to benefit one major company rather than the many small businesses that have been forced to relocate to make way for the project.
In its other role -- overseeing programs created by the legislature -- the ESDC has faced major criticism for its handling of the Empire Zones, a program developed to attract companies to upstate. It isn't clear that any of the major tax breaks and funds it handed out led to any significant job creation. Republican gubernatorial candidate Carl Paladino, who was staunchly anti-big government, famously received $3 million in tax breaks from the state but only created 25 jobs.
Over the years, as happened at a number of other state authorities, the development corporation's independence led to unchecked expansion and inner chaos. An audit by then State Comptroller Alan Hevesi found 70 ESDC subsidiaries.
The last several years have been particularly difficult for the ESDC. The agency has had six heads in the last four years, largely a result of the turmoil in the governor's mansion.
This, Rudnick says, has hurt the ESDC. "The last few years have been tumultuous," he said. "The ESDC's impact has been limited by the revolving door in the state government and ESDC heads, and by budgetary problems at the state. The ESDC has been limited by having its directives given by the budget office."
He explained that budget concerns have led to tax breaks being limited or rescinded, and other programs being altered.
The corporation's efforts have been described as scattered at best. "I worked for the Urban Development Corporation, and [former Gov. George] Pataki changed it over to the ESDC," said Sen. Kevin Parker, "but I think they could have saved the cost on printing new letterhead and just called it the Upstate Development Corp. As it relates to my district, I haven't seen any benefits from the ESDC -- the state's biggest, flagship economic development corporation. Their goal should be creating stable jobs with benefits, but I think the resources are going upstate, and yet I don't see very much being created upstate either."
To do that, Parker said, ESDC should focus on smaller companies. "They haven't focused on small businesses," he said. "Businesses that have 100 and less employees create 80 percent of the jobs."
Sampson agrees that the ESDC has ignored small businesses. 'I think the ESDC has focused on chasing larger companies, the same companies that everyone else is going after and that, honestly, Tennessee, Texas and other states have a better chance at getting because they have a better business climate." The ESDC has landed some big companies tech companies like the chipmaking company Global Foundaries upstate.
Helping small business, according to Rudnick, simply has not been part of the development corporation's objective. "I don't think ESDC has been tasked with helping small businesses," said Rudnick. "Small businesses need start up money, and the state hasn't been in that role -- they issue bonds for capital projects. There are smaller, local agencies to help small businesses."
Rudnick does believe, though, that the ESDC needs to refocus its values and core mission. "The ESDC needs new criteria. Most economic development experts would tell you that they no longer use the standard of how many jobs are created, which is what the ESDC uses. Instead, you look at quality of job, investment opportunities, the scope of a project and the potential for using green technology," he said.
Rudnick, Parker and Sampson all share a similar hope for the agency's future -- that the new regional zones will allow businesses all over the state to be better served, to bring people with local knowledge together to help them figure out how to grow.
"We need to get all different agencies speaking the same language," said Rudnick. "I've not seen one project that required just the ESDC. They may need energy or workforce development funding, and it's like the United Nations: Each agency speaks a different language about incentives. They are all saying something different and we need them to be on the same page."
Parker hopes Cuomo's new approach will get the agency on track. "The realities in Brooklyn-- Bensonurst, and Bath -- are totally different, and I think that these commissions will reflect that and show how the agency works in different environments. The mission should be creating good jobs with benefits, and I haven't seen them do that."
Sampson would like to see the ESDC working with local universities to harness new business models and the green energy opportunities. Not surprisingly, he also wants to see ore focus on upstate.
"Legislators from downstate need to realize a vibrant economy upstate is important for the downstate economy," said Sampson. 'Upstate has so many resources: agriculture, skilled labor and universities. We need to work with the universities, partner with them to create jobs, to plant seeds."
While Parker is concerned about what the ESDC will do for downstate, he also has his eyes on upstate. "I want to see the ESDC get involved with the green economy, partner with upstate universities where green jobs are spilling out of the universities and into tech parks," said Parker. 'They need to look at investing in creating our own green technology. Not only creating solar panels, but the blades for windmills."
As to whether any of this is part of Cuomo's plan, no one knows. As Sampson said , "We think we will hear more details soon."
Gov. Andrew Cuomo delivered his State of the State address resembling the CEO of a floundering company as much as a proud new governor. Using three screens to deliver a PowerPoint presentation, Cuomo outlined his plan to help bring businesses back to the state, reduce taxes on individuals, revamp the juvenile justice system, reform campaign finance, fight political corruption and restore New Yorkers' trust in their government. The screens often displayed newspaper headlines announcing scandal and corruption in the legislature.
"What is the state of the state?" he asked the 200 politicians and 1,800 New Yorkers gathered at a convention center near the capitol building. "This is a time of crisis for our state, a time when we must transform our government to once again become the progressive capital of the nation and the seize the moment of opportunity," he said.
Just about anyone in the room would admit that Cuomo has a tough job ahead of him. Ask anyone off the record and they will tell you accomplishing his goals may very well be impossible, but daunting as the task may be, they want him to succeed.
Like a company chairman at a board meeting, before he delivered his speech Cuomo allowed the leaders of the State Senate and State Assembly majorities to address the crowd. They shared similar themes -- increasing jobs, reducing spending. Assembly Speaker Sheldon Silver, who is expected to be Cuomo's main opponent on trimming services and cutting spending, made it a point to say that some important programs -- notably rent stabilization, which expires this year -- must be saved.
Every year legislative leaders express support for governors and their declarations of the need for financial sacrifice and unpopular decisions -- only to stymie the governor at each turn. And the chaos that defined the senate last year has not exactly gone away; it's mostly just confined to the minority party.
Shortly before the speech, sour Democratic senators announced that they would not conference with the rest of the Democrats because they are disgusted with the way the party carried itself during its two years in the majority. The four are Jeffrey Klein, Diane Savino, David Valesky and David Carlucci. Their departure will likely further weaken the Senate Democrats, who mostly represent New York City, and yet may strengthen Cuomo's hand, because it is expected that those senators may lean more toward Cuomo's fiscally conservative policies than the Senate Democratic leadership.
While he still must fill in many details, Cuomo made it clear -- as he did in his inauguration speech Saturday -- that he would not be content with half measures. This was evident in his proposal for ethics reform.
Cuomo told the legislators in no uncertain terms that massive ethics reform will pass this year. "It is time to pass ethics reform. And it is time to pass ethics reform now!" he said, adding that this announcement wasn't meant as, "I'm proposing," or "I want us to."
Cuomo’s ethics reform plan went beyond anything proposed by his predecessors and even by some good government groups. Ethics reform, he said, would include ending pay to play, independent monitoring, full disclosure -- which Silver, for one, has resisted in the past -- and some public financing of campaigns.
"Maybe, just maybe, the stars have aligned,” said Blair Horner of the New York Public Interest Research Group. "This could be the year that reform finally comes to Albany. The governor's State of the State address not only offered a road map for the comprehensive overhaul of the structure of state government, but also added a sweeping prescription to cure the ethical ills plaguing Albany."
Cuomo took a similar broad view of spending.
This year's budget process, he said, will not simply be an exercise in trimming. "This is a fundamental realignment for the state. You can't make up these kinds of savings over this long a period of time through a budget cutting or trimming exercise. We are going to have to reinvent government. We are going to have to reorganize the agencies. We are going to redesign our approach because the old way wasn't working anyway," he said.
Cuomo also said that taxes are simply too high for all New Yorkers.
A good portion of Cuomo's speech did not directly deal with the city. Consolidating local government, a property-tax cap and plans to stimulate financial growth upstate were main themes, but not relevant to the city. But at a press conference following the speech Mayor Michael Bloomberg was in a chipper mood. He said he felt very positive about Cuomo's speech. He saw a lot of himself in Cuomo, in that Cuomo is operating as a "CEO" and willing to put his reputation at stake to make changes the state needs.
"It's time to roll up our sleeves and help the governor as he makes the tough and necessary choices," said Bloomberg. Bloomberg liked Cuomo's centrist message, which downplayed partisanship and focused on fiscal responsibility.
Noting that other governors have laid out ambitious programs and failed, one reporter asked what Bloomberg saw that gave him hope that Cuomo will succeed. "The people are at his back," the mayor answered. "The time is right."
Bloomberg said, "Cuomo didn't come up and say we are going to kick the can down the road. He said this is the time, and he put his reputation on the line and said 'I'm going to do it,' and that's the kind of accountability you need. Everything the governor does won't work, everything he wants to do won't get done, but I would rather have someone do 12 of the next 10 things we need, rather than the next eight."
Others were far less enthusiastic. A number of anti-poverty groups responded after the speech, focusing on taxes for the rich. They want Cuomo to extend a millionaires tax to help close the state's $9 billion dollar budget gap and to insure that the poor continue to receive services in the depressed economy. Mark Dunlea of Hunger Action Network said, "The poor were missing from Cuomo's vision."
The aspects of the speech that will affect the city -- a team that will "redesign" how Medicaid is distributed, performance based financial rewards for schools, reforming the juvenile justice system and possibly closing some upstate prisons where many city residents are incarcerated -- were all very relevant and fresh on Bloomberg's mind.
Bloomberg, who was accompanied by new schools chancellor Cathleen Black, was exuberant about Cuomo's plan to set aside a portion of the state's education aid funds to award to schools that increase their performance. "I was just thrilled the governor said he thought aid should be given out by performance, and if the state did that, New York City would get a great percentage of state educational support," Bloomberg said. He said most schools in the city are improving on some level regardless of how they currently perform.
The question, Bloomberg said, is, “Where are they gonna get the amount of money we depend on to carry us forward?”
Cuomo was blunt in his assessment of programs for young people under the supervision of institutions other than the school system. He proposed a consolidation of the state's juvenile justice system, saying: "You have juvenile justice facilities today where we have young people who are incarcerated in these state programs who are receiving help, assistance, program treatment that has already been proven to be ineffective. Recidivism rate in the 90th percentile. The cost to the taxpayer is exorbitant. For one child over $200,000 per year. The reason we continue to keep these children in these programs that aren't serving them but are bilking the taxpayers is that we don't want to lose the state jobs that we would lose if we closed the facilities."
While Bloomberg supports closing underutilized facilities and prisons, he wants the state to give localities control of where they send youthful offenders so that New York City youth won't be shipped upstate.
"I have always thought it is better to incarcerate people near their families,” said Bloomberg. 'The separate issue is that the state has too many facilities to incarcerate people. The number of people we are sending to jail is going down, but our costs have not been going down."
Cuomo also proposed consolidating upstate prisons, which are increasingly underpopulated. To upstate legislators who steadfastly oppose closing prisons in their rural districts Cuomo said, "An incarceration program is not an employment program. ... You don’t put people in prison just to give people jobs."
On Medicaid, Cuomo said he learned during his time as attorney general how wasteful the health program for low-income people can be. In his speech, he announced the creation of a team to look at revamping the reimbursement process. "The Medicaid program needs a desperate overhaul," Cuomo said. "It is dysfunctional on many levels, so this process has to be done anyway."
The Medicaid Redesign Team will begin work on Jan. 7 and report to Cuomo on April 1.
Bloomberg said the city can't bear large cuts in Medicaid reimbursement. "We have to, by charter, treat anyone who shows up at our front door," said Bloomberg of the city's public hospitals. "If Medicaid would stop paying, that would be a burden we plain and simply can't afford."
But Bloomberg said he did support overhauling the Medicaid system. “We cannot afford to put all this money into Medicaid. It will bankrupt the state. It will bankrupt the country."
Cuomo, with the use of his PowerPoint presentation, did inject moments of levity into the speech. He described the budget process as "ships passing at midnight." The image of three military ships floated by each other on the screen. "Wait," he said, and in a mock-startled tone informed the audience that he thought he saw someone he recognized. On one ship was Senate Majority Leader Dean Skelos, on the other Silver. And on the large destroyer was Cuomo. Suddenly out of the sky swooped "special interests: in a jet that dropped bombs on S.S. Cuomo. Cuomo pointed out that he was the only one targeted by the special interest bombs.
Cuomo has said he will wage a year-round campaign against labor unions and special interests to fight back against whatever negative press he receives for his proposed cuts. He did not drop some of the bigger bombs on the unions--like changes to the pension system during his speech.
In other words, the tough work still lies ahead.
Outside the convention center a large group of union members shouted and chanted. "How’s the new suit?" one state trooper patrolling the area asked another. "He's a pretty loose, nice guy the other answered, "But he's got a big job in front of him."
Eliot Spitzer's inauguration four years ago was an event driven by hope. Crowds of onlookers stood on the capitol lawn to watch the Sheriff of Wall Street take his oath and then deliver the reform he promised: "Day One Everything Changes." James Taylor performed; there was a sense of jubilation, and for many voters it felt like Albany's time had come.
Four years ago Albany was regarded as a cesspool of ineptitude, corruption and privilege. Four years later, after Spitzer's resignation, the improprieties and missteps surrounding his successor, Gov. David Paterson, turmoil in the State Senate, and a slew of lawmakers caught up in investigations and scandal, voters hold Albany in even lower esteem. The state faces a $9 billion dollar deficit and escalating financial woes, and its government seems unable to even begin to cope with it.
In this climate, Andrew Cuomo was inaugurated in a small gathering of about 170 people in the “War Room” of the capitol, away from throngs of people, away from union members holding signs protesting proposed cuts, and without much of the reviled legislature in attendance. The magic of the Spitzer inauguration wasn't there; certainly that was in part because Cuomo did not want it. But if he did, he probably would not have gotten it. Albany, as Cuomo acknowledged in his inaugural address, is now both the punch line and the joke, and many New Yorkers, even those who voted for Cuomo, doubt how much one man can change that.
As he did during his four years as attorney general and his campaign for governor, Cuomo kept the environment at the inauguration well controlled and sent messages as much through what he didn't say as through what he did. He did, however, deliver a speech that was impassioned and emotional.
>"It is a time for deeds, not words, and results, not rhetoric. It is time for a bold agenda and immediate action. There is no more waiting for tomorrow, and there are no more baby steps, my friends," he said, seemingly warning the legislature that he would not stand for more half measures on fixing the state budget or on ethics reform.
And Cuomo did take action: His first cut as governor was not to the budget but to a red ribbon signaling that the second floor, which houses the governor's offices (once known as "Fort Pataki”), would now be open to the public. And he ordered the concrete barricades -- the ones erected in the wake of 9/11 -- removed from the front of the capitol.
Cuomo told a story about walking in the capitol behind a mother and her young daughter. The daughter remarked how beautiful the capitol is and wondered why there weren't more people walking in the hallways. Cuomo seized on the girl's musings.
"To get into this capitol is like running an obstacle course, and it shouldn’t be," Cuomo said. “People refer to the capitol as a fort or as a bunker, and it is anything but. This is a beautiful monument to democracy, this building. This is the people’s meeting place, and they should be invited in. And today, my friends, we will reopen the capitol, literally and figuratively.”
Cuomo also made promises during his inaugural address and in conversations with reporters afterward. He vowed there will be no new taxes and said that he will unveil an “emergency financial reinvention plan” during his state of the state address on Wednesday. During the campaign Cuomo did not divulge how he would address the state's looming deficit, other than to say he would not raise taxes. He has provided few, if any, details about what he would cut and did not offer any more specifics on Saturday. But that seems likely to change Wednesday.
In his speech Saturday, Cuomo said that he wants to pass a property tax cap during this legislative session. He also spoke of consolidating both state and local governments to reduce waste. Previously, he has talked a lot about cutting the state's Medicaid system, so that may be in play in his fiscal plan as well He could outline specific service and programs reductions -- something almost certain to attract howls of protest.
Cuomo has also taken the state of the state address out of the the Assembly chamber. It became tradition to deliver the speech there in 1923 when Gov. Alfred E. Smith decided he would give his speech rather than just write a letter to legislators. Smith spent years in the Assembly and wanted to keep the legislature on his side. Cuomo decided to hold his state of the state in a convention center to make it more accessible to the public. The administration is holding a lottery for members of public to win the chance to see Cuomo the deliver the speech in person. Some see it as a blatant slap at the legislature -- an attempt to distance himself from them and send a message. But publicly most legislators back the idea.
In his inauguration speech. Cuomo outlined some of his priorities.
“We have a very specific mandate for change that the people want. And our expectation is that the politicians and the elected officials of people are now going to do what the people voted for and what the people need. It starts with jobs, jobs, jobs, getting the economy running once again, getting the economy running all across this great state," said Cuomo.
"Number two is going to be cleaning up Albany and restoring trust. ... Any relationship is only as good as the level of trust, and we have lost the trust. And we are not going to get it back until we clean up Albany and there's real transparency and real disclosure and real accountability and real ethics enforcement. That's what the people have voted for and that's what the people deserve."
Cuomo issued an executive order mandating his staffers undergo ethics training.
Cuomo said the issues have been clear for years its just been the will and discipline that has been missing.
"We know what needs to be done. We have known, in truth, what needs to be done for many, many years. What we have to do this time is we actually have to do it, we actually have to deliver for the people of the State of New York."
A number of legislators and advocates are very optimistic about Cuomo's chances for accomplishing the goals he has laid out. They say Cuomo has matured from the brash, self-obsessed, back-room dealer he was when he worked for his father and even during his first run for governor in 2002. They say he is goal oriented and has gained discipline from his time as attorney general. Further, they note, he has been around Albany a long time and has learned from watching the successes and failures of his predecessors: his father Mario, George Pataki, Spitzer and Paterson. Being governor , they say, is what he has been waiting and planning for for years.
Other legislators, however, are not convinced. Quietly and privately, they say that Cuomo has himself more in mind than his party. That his entreaties across the aisles to the Republican majority in the may improve relations in the senate where Republicans recently retook the majority but may further complicate relationships with the Democratic controlled Assembly. Tensions between Cuomo and Assembly Speaker Sheldon Silver have been speculated about for months as it is expected that Silver will stand against a lot of Cuomo's budget cuts.
Further, skeptics say, say Cuomo's demand that the courts settle legal disputes over contested senate races before he took office and his conservative leanings have hurt Democrats and were only done to further his political aspirations. They worry that Cuomo has his sights set on national politics.
And then there are the state workers in Albany who fear that their unions have been snowed by Cuomo; they expect there will be many more cuts to state and education jobs under the new governor. Some unions refrained from endorsing Cuomo because he has made it clear that he wants concessions; others endorsed him and hope a good relationship with the governor will keep them from getting the worst of it.
Spitzer famously vowed to go it alone, to be a steamroller while Cuomo acknowledged in his inaugural address that he needs the legislature as a partner and that he may even be asking them to give up some of their power.
"To the state legislators I say, I reach out to you to form a new partnership, because in truth the partnership between the executive and the legislature has not been working well for years, and that must change.
I respect the electoral responsibility of the legislature, I respect the constitutional independence of the legislature, but I also know that success will require a different approach. We must accomplish more, faster, smarter, and better, than we have in decades. We have no more time to dally.
"To my Republican colleagues I say, I will not govern in a partisan way and my administration will not be a partisan administration. I was not a partisan attorney general, I did not run a partisan campaign. I don't believe the Democrats or the Republicans alone created the problems we face today and I don't believe the Democrats or Republicans alone will be able solve the problems we face today. I believe we are going to have to do it and do it together."
(For other year end coverage, see Gotham Gazette's Top Stories of 2010 and the big things that did not happen in New York in 2010.
Our 2010 pundits didn't exactly score direct hits as far as predictions go. Gary Babad, writer for NYC Public School Parents, came the closest with his satirical prediction for the Department of Education. "Klein Closes Department of Education, Fires Self" was the headline of his faux news release. The Department of Education still troops on but we did see Joel Klein step down as its head this year.
Senate Democrats including Sen. Kevin Parker and Senate spokesman Austin Shafran whiffed big with predictions for an on-time and balanced budget. No one predicted senate Democrats would find themselves preparing to be the minority party at the end of 2010. OK, maybe we did.
But Albany observers like Blair Horner and Doug Muzzio captured the kind of atmosphere that pervaded the capital this year.
"More chaos!" predicted Horner. Muzzio foresaw dysfunction with more of a wink and nod: "New York State legislature was found by the Brennan Center to be the most corrupt in the nation. What pushes New York over the top is the indictment by the U.S. Attorney of 17 current and former members of the State Assembly and 12 current or former senators in an 'ongoing' probe of legislative corruption," wrote Muzzio.
We did see a number of legislators in the grips of corruption charges, including Sens. Pedro Espada and Vincent Leibell.
As for the November elections, no one stuck their necks out and picked a horse; but they sure got the tone right.
Tom Robbins of the Village Voice accurately predicted NY Post columnist Fred Dicker's easy going relationship with the Cuomo administration. Writing, "Andrew Cuomo launches his campaign for governor and tells Post state editor Fred Dicker that he's going to be nothing like Spitzer. 'You and Eliot really got off on the wrong foot Fred and I’m not going to let that happen with us,' he vows,” wrote Robbins. He went on: "'No governor in his right mind wants both you and your boss Rupert as enemies. I learned that from my father.' In the following weeks, Dicker runs off a string of exclusive stories based on insider tips from the AG’s office and Cuomo campaign."
So what really happened? Dicker was nearly attacked by Republican candidate Carl Paladino and removed from his Christmas card list for his "close" relationship with Cuomo.
Azi Paybarah, who at the time wrote for the New York Observer, delivered some eerily prescient predictions. "Andrew Cuomo runs for governor, talking about the need to 'change the status quo' in Albany. David Paterson runs for governor, talking about the need to 'change the status quo' in Albany. Tom DiNapoli quietly runs for a full-term as comptroller."
Paybarah's sharpest prediction involved the future of print journalism: “Readers wonder what it was like to hold a newspaper in their hands and get ink on their fingertips," he predicted. He now works for WNYC, heading up the Empire blog.
So what do New York's prognosticators think will happen in 2011? Read on to find out.
Brian Lehrer, host of The Brian Lehrer Show on WNYC
The big story of the year is the painful and historic digesting of decades of debt by state and local governments. Richer localities around the state will fiercely resist consolidation for the same reasons they created separate towns in the first place. Disparities in education funding will grow, as a result around the state. New York City schools, while taking a significant hit, will fare better than most because they are not as dependent on property taxes for education funding.
Speculation ends about Mayor Bloomberg running for president, but he will help the group No Labels begin its real work of rating the new Congress and 2012 candidates in a new way, by civility and cross-aisle contact rather than liberal or conservative purity. The mayor continues to speak out to that end and to try to cultivate moderates into a movement -- a trick, since by definition they are not the activist believers.
Along those lines, now an elected senator, Kirsten Gillibrand emerges as a rising star with a blend of carefully chosen leadership roles in search of center-left consensus and constituent service, especially upstate.
The Dow returns to 13,000, helping keep NY a national leader in creating jobs, but the national unemployment rate remains above 9 percent, increasing the disparity between Wall Street and Main Street. Senior citizens continue to pay the price for the Fed's low interest policies with 1 percent savings accounts.
Mayor Bloomberg appoints Tina Brown the new Police Commissioner because of her success in magazine publishing.
People are talking a lot about change coming to Albany, but I am starting to think it is the same circus but with different clowns. I hope I am wrong. I plan on focusing on what is wrong with the New York State pension system. It has been a one-sided argument for too long, and I predict that I am going to change that. I'll tell you, the workers are not what is wrong with the system -- it is the employers who underfund the system. If I'm one thing, it is persuasive.
Councilmember Annabel Palma, chair of the General Welfare Committee
No cuts to social services -- that would be my prediction.
There will be a fight in the senate for gay marriage and it will fail to pass again. So my prediction is there will be no gay marriage in 2011.
Gary Axelbank, host of BronxTalk
In 2011, the bloom will come off the rose or, more accurately, the rose will come off the bloom as the truth will begin to emerge about the Bloomberg administration.
It will become increasingly clear that the “education mayor” has been a failure running the city’s public schools. The numbers of graduates needing remediation will make it obvious that the Klein/Black system of closing schools and alienating teachers and parents is not working. As a result, the notion of accountability that the mayor fought so hard to establish will come pointing back at him.
The end of year revelation about fraud in the CityTime scandal will be seen as a mere prelude as ongoing investigations into the $3 billion Croton filtration project show decisions Bloomberg's DEP has made were not in the best interest of New Yorkers, but only to benefit contractors.
The Bronx will win the Kingsbridge Armory battle, as there will be an undeniable plan presented in the late spring that will make the limited notion of a mall at the Armory look quaint.
Roberto Perez, host of The Perez Notes
In 2011, Andrew Cuomo quickly realizes that, "The more things change, the more they stay the same" in Albany.
Congressman Charles Rangel steps down and the party chooses Assemblyman Keith Wright to replace him, and everyone within the Manhattan Democratic Party acts as if they did not know it was coming.
Former Gov. David Paterson teams up with Mike Francesa on WFAN and attacks the New York Mets front office like the press attacked him, and states, "Now it’s my turn to dish it."
Cathie Black resigns as schools chancellor and joins the Cuomo administration, after realizing that there is more dysfunction within the New York City school system than there is in Albany.
President Obama's prayers are answered: the tax deal with the Republican Party stimulates the economy and lowers unemployment. Sarah Palin announces that she is running for president and quickly emerges as the Republican front runner. President Obama immediately tells Robert Gibbs, “ In my prayers I asked GOD to let me pick my opponent. I asked for two choices; one was Sarah Palin, the other was Carl Paladino."
Councilmember Jimmy Oddo, minority leader of the City Council
In the greatest "swerve" since the Bobby Ewing dream sequence in the TV show Dallas, Mayor Mike Bloomberg and Councilman Lew Fidler hold a joint press conference announcing they have been golfing buddies for years and that all the harsh words between them have been for "sh*ts and giggles."
After spending six months in Albany, Senator and former Council Member Tony Avella will recant every bad thing he has uttered about Christine Quinn and will publicly declare the City Council "wasn't so bad."
There will be 478 stories about Bloomberg for President, and Vin Ignizio and I will not read any of them.
Attorney General Eric Schneiderman will help the Rev. Al Sharpton pick out the furnishings on his shiny new annex in the attorney general’s office in the city of Albany. They will agree upon saffron colored walls with cerulean drapes. Unfortunately, all this esprit de corps will be short lived when the attorney general will be forced to recuse himself in June after it is learned that the National Action Network surprisingly has failed to pay any taxes on the annex.
Councilmember Ydanis Rodriguez, chair of the Higher Education Committee
I hope the economy gets better, and I hope my district will get more resources... I hope we can go back and restore the $30 million cut [to the City University of New York]. I hope in 2011 we have a major discussion citywide of retention at community colleges. Graduation at community colleges is worse than high school.
Bettina Damiani, project director, Good Jobs New York
The Yankees, feeling guilty about the lavish tax breaks and subsidies bestowed upon them, will take the $148 million Cliff Lee turned down and use it to pay rent and taxes on its new stadium, rather than expect taxpayers to foot the bill.
A broad coalition of New Yorkers will send Wal-Mart officials and their plan for stores in the Big Apple back to Arkansas with its tail between its legs, allowing local industries the chance to live to fight another day.
Hoping to appeal to the average New Yorker, top government officials pledge to take public transit to a minimum wage job for a week. After calling it quits halfway through, they rush to pass the living wage bill currently before the council and restore budget cuts to public transit.
John Petro, urban affairs policy analyst, Drum Major Institute
In 2011, we will see a Democratic governor from one of the most liberal states in the country wage war on public sector unions. Instead of asking the state’s wealthiest residents to pay more in taxes in order to preserve vital services, lawmakers will blame budget deficits on state and city workers.
In the city, where the wealthiest one percent takes home 44 percent of all income, the gap between the rich and the poor will widen. Jobs will be created, but largely in low-paying sectors like retail and home health care. No one will point out the obvious: a $7.25 minimum wage is completely insufficient for New York City.
The city’s living wage and prevailing wage bills will be passed by the council, only to be vetoed by the mayor, who will absurdly argue that higher wages for low income New Yorkers would be bad for the economy.
The "bike lane wars" will reach the point of hysteria, but by the summer it will be obvious to even the naysayers that bicycling has become an integral part of the city’s transportation system.
And, finally, with the prospect of a transit workers’ strike on the horizon as 2011 draws to a close, the governor, legislature, business community and labor will come together to find a viable solution to the MTA's chronic budget problems, implement congestion pricing, and make bus transit free in the city.
Kathryn Wylde, President & CEO of the Partnership for New York City.
In Brooklyn, I predict that we will see dramatic construction progress on Atlantic Yards, the catalytic project that will accelerate everything good and great that is happening in the city’s most energized borough. The centerpiece of Atlantic Yards is the Barclays Center, a new high tech arena that by 2012 will be home to the Brooklyn Nets.
In 2011, the seeds of future economic growth that were planted over the last ten years -- the major development plans and dozens of rezoning actions that were shepherded through our complex public approval and financing processes -- will finally come to fruition and provide the city with a bridge from austerity into a new era of prosperity.
As 2011 ushers in, the following are a few predictions for the upcoming year. Number one: the amount of theft related to the CityTime scandal will exceed $100 million stolen from New York City taxpayers, and will be the largest fraud on record in the City’s history (I first sounded the alarm two years ago as Contracts Committee Chair).
Number two: within the 35th Council District we are members of a united community, and therefore will provide even safer, more nurturing and stimulating environments for children, both at home and within schools. We will help the least among us, and when we see something, we will always say something in an effort to protect neighbors and ourselves.
Number three: dancing will remain in my life, for exercise purposes and as an artistic outlet.
Dick Zigun, Artistic Director, Coney Island
Marty Markowitz will present Iggy Pop at his Seaside Concert Series and Norman Siegel will enjoy himself so much in the mosh pit that he drops his lawsuit against Marty's proposed amphitheater.
The Israeli Air Force will put on an air show on July 4th over Coney Island.
The city will buy the recently landmarked Shore Theater and install Ringling Brothers Barnum and Bailey Circus as the anchor tenant so that NYC doesn't lose the clowns and elephants while Madison Square Garden undergoes renovation
Luna Park's Zamperla will announce that it wants to rebuild the Steeplechase Pavilion of Fun next to the Parachute Jump.
Beyonce will crash the Mermaid Parade
Dick Zigun will propose an all blue fireworks show (oops I just did) and the Boardwalk 8 businesses will not disappear but instead move to Surf Avenue, replacing the illegal furniture stores (who will disappear), and create a new bar hopping nightclub district that hops.
Joyce Purnick, author of Mike Bloomberg, Money, Power, Politics (2009, PublicAffairs Books)
In the coming year pundits, especially on Fox News and in the New York Post, will predict with growing urgency that Mayor Mike Bloomberg will run for president, ignoring his denials, which he always pairs with denunciations of Washington and the two party system. As a result, nobody will believe his denials, and the rumors will continue to fly.…Oh, no, sorry. That was 2008.
Seth W. Pinsky, president, New York City Economic Development Corp.
In 2011, the city’s economy will continue to make a steady recovery. As we did in 2010, the city will outperform the rest of the country by focusing on innovation and building on the strengths of its economic diversification. New ideas, new business models and new products will be launched across the length and breadth of New York. The burgeoning tech scene will continue to create new startups, causing people around the globe to take note of the fact that today the New York metro area has more tech jobs than any other region in the country – including Silicon Valley. In addition to economic growth, the city will continue to make major investments in its infrastructure, with significant progress achieved on major projects throughout the city – from Coney Island to Hunter’s Point South, from Stapleton to Harlem to the South Bronx.
Carol Kellerman, president, Citizens Budget Commission
Since none of my predictions last year came to pass, perhaps it is safer to describe these as hopes:
The key stakeholders work together to agree on reform of the Medicaid program in New York to achieve multi-billion dollar, recurring savings and improvements in quality of care.
The state legislature and the governor agree on reforms to the state budget process recommended by Lt. Governor Ravitch, including GAAP balanced budgeting and a process periodically to review and keep the budget in balance throughout the year.
New York City’s public employee union leaders help save the city about a billion dollars by agreeing that their members (and retirees) should share the cost of their health insurance premiums.
The governor revitalizes the State Asset Maximization Commission, which launches several public-private partnerships to upgrade and adequately maintain vital elements of the state’s infrastructure.
The uniformed workers in New York City support legislation to create a new tier in their pension systems to eliminate the much criticized and often abused provisions that allow unjustified disability classifications, retirements at very early ages and pensions that are based on inflated overtime amounts.
Councilmember Jumaane Williams
The Knicks are going to win the championship. The mayor is going to ask for a fourth term because only he can save the city.
Gene Russianoff, NYPIRG Straphangers Campaign
The MTA will keep its promises not to cut service or raise fares next year, despite the harsh economic times. A fare increase in 2011 would be the fourth hike in as many years. Close monitoring will be needed to make sure that MTA cost cutting moves don't hurt the system.
Gov. Andrew Cuomo and the state legislature will not raid tens of millions of dollars in dedicated transit funds, instead spending them only to benefit the lives of eight million subway, bus and commuter rail riders – unlike Gov. Paterson, who ripped off $160 million of the funds for non-transit purposes.
Mayor Bloomberg will sign council legislation that requires private employers of 50 or more to offer their workers tax-free transit benefits, which gives both businesses and employees tax breaks for using subways, buses and commuter rail.
The city will win rider, community and business support for Select Bus Service – faster and more reliable bus service – on the 34th Street corridor and on the B44 route across Brooklyn on Nostrand and Rogers Avenues.
To better prevent abuse of municipal parking placard privileges, the city will issue permits with microchips that allow easy verification by hand held computers.
Marty Markowitz, Janette Sadik-Khan and I will do a bike tour of Brooklyn, but we will be ticketed for riding on the sidewalk when we stop for a cannoli in Bensonhurst.
Kevin Baker, author of Dreamland, Paradise Alley
2011 will be the year the real depression begins in New York. Most people forget that the 1929 Wall Street Crash did not trigger an immediate economic meltdown. Instead, it just seemed like another volcanic exhalation at first; it took some time for the misery to flow outward. The appearance of the men selling apples on the street, the start of truly massive unemployment and mass evictions, did not begin until the following fall and winter. A similar situation will come to fruition this coming year, as continuing unemployment, the stretching of people’s debt-burdened household finances, and the end of various forms of stimulus undermine buying power.
Julie Menin, chairwoman, Community Board 1
In 2011, the 9/11 Memorial will open for the 10 year anniversary and quickly will become the most visited site in New York City, with over five million visitors visiting annually. Lower Manhattan will serve as a symbol to the world of a community that built itself back amidst terrible tragedy and devastation. The neighborhood, which also was the first capital of our country and the entry point for millions of immigrants to come to our shores, will also serve as a beacon of standing up against intolerance and standing tall for religious freedom, as Community Board 1 was the first group to support the [mosque and cultural center] and has solidly stood behind the right to build it. People will soon realize that, given that our country was founded by people who came here to escape religious persecution, the right of a fifth of the world's population to build a religious house of worship where they see fit is a key principle of American democracy.
Paul Steely White, executive director, Transportation Alternatives
At least one 2013 mayoral candidate will emerge with a plan to “restore the primacy of the automobile” and stop the “ridiculous' growth” of bicycling and walking. His supporters will include a broad coalition of oil companies, liposuction surgeons and squeegee men.
In a dramatic reversal, the New York City Council's transportation committee will spend more time reining in reckless driving than complaining about bike lanes. The MTA's wealthy Uncle Rocko will pass away, leaving the agency a budget-balancing inheritance, which Albany politicians promptly re-appropriate.
To help save transit, Marty Markowitz will back a new plan to toll the East River Bridges. The catch: SUVs are exempt and bicyclists are charged twice as much as drivers.
Terry O'Neill, criminal justice expert; founder, Constantine Institute
I expect Andrew Cuomo to appoint Albany County DA David Soares as commissioner of criminal justice services. David has shown himself to be very much in agreement with the priorities that Cuomo laid out in his urban agenda, including community policing, urban renewal and prison inmate re-entry programs. David will do a magnificent job of coordinating all the public safety agencies and putting them all on the governor's page.
Bill de Blasio, public advocate
Powerful special interests determined to take advantage of the Supreme Court’s Citizens United ruling will hit a stumbling block in their quest to funnel corporate money secretly into our elections: the proliferation of shadowy front groups like "Americans for Prosperity" and Former Governor George Pataki’s "Revere America" will completely exhaust the supply of innocuous and patriotic monikers. As a result, new groups have no choice but to brand themselves more honestly. Unsurprisingly, the first commercials sponsored by "Koch Brothers for a Toxic Planet" and "Laissez-Faire Coal Mines, LLC" backfire during the year’s special elections.
On Dec. 6, former Republican Sen. Vincent Leibell pleaded guilty to one count of obstructing justice and one count of failing to report taxable income on his federal tax returns from 2003 to 2006. Last week, Leibell suddenly announced he was retiring from the senate earlier than expected and told colleagues that he would not take office as Putnam County executive, a post he won in November.
Investigators say that, in 2000, Leibell started receiving kickbacks from an attorney who represented a non-profit that Leibell himself had started. After finding out that he was under investigation this April, Leibell was caught on a wire telling the attorney to lie to the investigators about their arrangement.
Leibell is the latest in a line of Albany politicians who federal investigators have caught illegally taking advantage of their position. His plea comes less than a month after state elections in which almost every candidate ran as a reformer, Now, with the election over, everyone is waiting with baited breath for Andrew Cuomo to be sworn in as governor and unveil his agenda for curtailing the corruption.
The first chapter of Cuomo’s policy book is "Clean Up Albany: Restoring Trust and Accountability," and it speaks of sweeping ethics reform. Cuomo supports setting low limits on campaign contributions from public contractors and lobbyists in an effort to limit pay to play. He wants to greatly lower legal campaign contribution limits as a whole and institute a voluntary public campaign finance system. He also supports a new independent oversight board for the legislature.
It is unclear, though, how Cuomo plans to implement the package. Cuomo has not indicated whether he has a litmus test for an ethics reform bill or whether he thinks he can get it all done in one bill.
"I think Cuomo will want to negotiate a tougher bill than the one the legislature had last year but I’m not sure where he is going to draw the line," said Blair Horner of the New York Public Interest Research Group.
Former Mayor Ed Koch said Cuomo's first year in office is a do or die year for the ethics and redistricting reforms. "It has to get done this (coming) year or it won’t get done," Koch insisted.
If Cuomo plans to get his reforms through in one major ethics bill, even legislators acknowledge it will take time and a lot of negotiating to arrive at legislation that could pass both houses.
"The question is will he be willing to spend the political capital to get the ethics bill done?" said Horner. "He is going to need a lot of capital to get that bill done but he will need enormous capital to finish the budget."
The latest scandal has good government groups tearing out their hair in frustration and demanding the legislature do something.
"Someone make it stop!" wrote Horner. "Once again, a state elected official has pled guilty to charges of corruption. The guilty plea by state Sen. Vincent Leibell should reignite voter outrage about Albany. Gov. Paterson -- who made ethics reform central in his State of the State address and then dropped the issue like a bad habit -– should convene a special session to act on comprehensive ethics legislation."
In addition, Horner said the attorney general’s office, which Cuomo still occupies, needs to immediately conduct a review of non-profits that get state funding to make sure no other legislators are benefiting from funneling state money to organizations they control.
Despite such outrage, it remains extremely unlikely that the lame-duck legislature will move on ethics reform this year. What it could do after that could be open to question too.
The legislature passed a package last year that would have required lawmakers to reveal more of their outside income and established a new oversight board to review charges of corruption and conflicts of interest. It would not though have forced lawyer lawmakers like Assembly Speaker Sheldon Silver and then Senate Majority leader John Sampson to reveal their clients, and the members of the oversight board would not have been independently appointed.
Gov. David Paterson said the bill did not go far enough andvetoed it. Good government groups NYPIRG and Citizens Union (whose sister organization publishes Gotham Gazette) supported the legislation, saying that any improvement to the existing ethics laws would be a good step. Common Cause backed Paterson’s veto, saying the bill needed to do more.
Cuomo could choose options that do not require the legislature to act. During the Democratic primary for attorney general, several candidates spoke of having the governor sign an executive order to give the attorney general's office wider power to investigate and prosecute corruption in Albany.
The majority of state legislators caught abusing their office were investigated and prosecuted by federal authorities. An executive order could change that and mean that the federal government would no longer be the only ones holding Albany politicians accountable.
One contender, Eric Dinallo, called on Paterson to immediately sign an executive order. "Call me crazy," he told City Hall, “but I think it’s unlikely that the Albany legislature is going to pass laws for their own investigation and prosecution.”
Paterson did not follow Dinallo's advise, and Cuomo does not seem in any hurry to do so either. He seems determined to give the legislature a shot at cleaning up their mess.
Shortly after the election, Cuomo was asked if he would consider signing an executive order to give Attorney General-elect Eric Schneiderman wide power to investigate corruption in Albany.
"I want to see what happens with the ethics reform with the legislature, but there are a number of options that can be pursued," Cuomo said. "The optimum is that we have an overall reform bill done, signed by the legislature, for comprehensive ethics reform."
"Attorney General-elect Schneiderman ran on a platform of rooting out public corruption, and looks forward to working with Gov-elect Cuomo on a comprehensive approach to this pressing problem," said Schneiderman’s spokesman.
Koch said he doesn’t question Cuomo’s strategy. "I won’t second guess him," said Koch. "He has said he will try to work with the legislature but that isn’t the only option."
But Koch certainly sees Silver as an impediment to Cuomo’s reform plans, whatever they are, in the form of Silver. "At least one of the current Democratic leaders makes $1 million a year from his firm. So what is it for? I know malpractice reform and anything the trial lawyers don’t want never makes it through the assembly," the former mayor said.
At the same time Koch said that he thinks Silver is coming around on the reforms he and Cuomo have proposed.
Cuomo has acknowledged there are things he can do on ethics without the legislature, He cited the Moreland Act, which the legislature created in 1907, and which allows the governor to create a commission with subpoena powers to investigate any part of state government. Past governors have used the act to launch investigations on issues ranging from nursing homes to corruption in local government. Silver called on former Gov. Eliot Spitzer to use the act to investigate Republican Senate Majority Leader Joe Bruno in 2007.
But creating such a commission could ruffle feathers and antagonize the legislature. "He has lots of promises in his books that he needs to fulfill and it all depends on where he decides to spend his capital," Horner said.
The good government group Reinvent Albany issued a report in last month entitled Executive Orders that offered examples of executive orders Cuomo could issue to begin reforming the state. On ethics, they encourage Cuomo to start in his own office -- the executive branch. The group called on Cuomo to issue an order that would require his top staffers to put their ethics disclosure forms online, allowing voters access to information about their investments and other connections. Other measures would require ethics training and limit executive staffers political contributions.
Cuomo told the New York Times in a pre-election interview that he does not plan to have a contentious relationship with the legislature, but if history is any indication, major ethics reform won’t pass without a major struggle.
Meanwhile, things may have gotten a bit easier for Cuomo in the Senate, where it seems almost certain that Republicans will be in the majority. The senate Democrats spent their two years in the majority wracked by dysfunction and scandal. The Senate Republican conference is seen as a well-oiled machine and soon-to-be Majority Leader Dean Skelos has said that he is on the same page with Cuomo. "Cuomo and I are in synch," Skelos told The Post. "His issue is going to be getting Speaker Silver on board. What he’s indicated since the election is very much in line with the Republican Senate majority. He wants no taxes and to cut spending, and that’s our theme. We're supportive of his property-tax cap. We should work very well together."
Whether Skelos' support of Cuomo extends to sweeping ethics reform is yet to be seen. Calls to Cuomo’s and Skelos’ offices were not returned.