Need for Reform in Albany - Case Study Example

Need for Reform in Albany Introduction The old grievance about legislative dysfunction in Albany has given rise to the call of ethics reform. In the last ten years, there are numerous members from the New York State Legislature who were indicted, convicted, while others pleaded guilty in cases connected to corruption. Most of the cases that were brought up against these members were based on the honest services fraud. According to experts, the numerous cases of misconduct are a clear indication that reforms are urgently required in Albany (Medina). This paper lists some of the current ethical and corruption matters that occurred in the State legislature in the past two years and the kind of reforms that the Governor and the legislature has put in place to address the matter. The paper then describes the legal and policy structure of the adopted reforms and the public criticism that this has generated. The paper then concludes by giving recommendations to the Governor and to the State Legislature to restore the public trust (Katz). Although there are numerous cases of corruption in Albany, the most pointed cases have been in the legislature. In a recent scandal, the senators from Buffalo state George Maziarz as well as Patrick Gallivan purportedly spent $ 140,000 and $ 80,000 respectively in time they were in office. In this particular case, the problem was not in the spending of the money itself but the fact that they did not find it fit to report their expenditures. Apart from Senators’ George Maziarz and Patrick Gallivan being investigated, the now defunct Moreland Commission was also investigating state Sen. Diane Savino of Staten Island for alleged mismanaging of campaign funds. These two cases are a clear indication of the rot in the state’s Legislature (Frisch). In light of the corruption allegations within the state, Governor Cuomo set up the Moreland Commission (now defunct) to address the allegations. The power to form this commission comes from the Moreland Act, a legislation that gives the Governor the authority to set up a panel to look at waste in the government and to come up with recommendations for reforms. Upon setting up the committee, Attorney General Schneiderman offered to deputize the commission something that bolstered its powers. This was because his presence had accorded the commission a wider legal reach than the current powers that were contained in the Moreland Act (Medina). For Governor Cuomo, there is need to develop a campaign finance system that incorporates the option of public financing. The call for this reform comes from the realization that creating such a system of public financing would give room for higher electoral competition. This would in turn offer the average New York citizens a great opportunity to contest for office as well as foster greater involvement between the contesters and voters. At the present, New York boasts of the highest campaign contributions as compared to any other state in the United States. This can be seen from the fact that it is possible to contribute up to $60,000 dollars for an individual running for state office while the maximum for an individual running for a federal office is $3,000 and below. Due to ineffective laws, it is very possible to bypass these already huge figures (Lovett). Looking at all the past cases of corruption within the legislature, the main issue of contention was disclosure. Although there is a statutory requirement that calls for all the independent expenditures to be disclosed, there has been no mechanism put in place to ensure that this requirement is adhered to. In essence, because of the weak mechanism, many individuals get permission to influence the electoral process while dodging the issue of disclosure provision. Due to the lax restrictions on the utilization of campaign funds, Governor Cuomo was through the Moreland Commission proposing to bring in reforms that would bar the use of campaign funds for personal issues. At the present, candidates have the liberty to use their funds whichever way they deem fit and this has given rise to the misuse of campaign funds. The Commission was therefore going to give proposals on how campaign funds would be utilized. Some of the proposed reforms would limit the use of election money only to election-related activities. The other reform that was being worked on would be to compel candidates to wind up their committees soon after election and to prevent the channeling of extra funds to other causes either within New York or in any other state (Medina). Legal and Policy Structure of Reforms As the government has widened and its regulations become more pervasive, laws guiding the conduct of public servants have become more refined as compared to the simple anti-bribery legislations of the past. The goals of such laws have generally been meant to avoid favoritism in the government’s involvement to its people and to safeguard the integrity of the decision-making process. The laws have also been meant to enhance the people’s confidence in the government, improve its efficiency and to bar the use of public office for personal gain. For a long time, instead of depending entirely on ad hoc determinations of propriety, reformers have instead chosen to bar office holders from taking part in certain associations that present the likelihood for breaches of trust. This is usually founded on the precipice that circumstances of temptation should not be presented in the way of people holding high offices (Frisch). Another aspect of contemporary legal structure of reforms in the ethics area is derived from Justice Brandeis advice that sunlight is the best of disinfectants just the same way that the electric bulb is the best policeman. By demanding for the public disclosure of the official financial holdings and sources of income, it is claimed that individuals would have the required information to establish whether their leaders are behaving in public interest or for their individual gain. The setting up of disclosure laws makes it easier to avoid the all familiar trap of conflict of interest. Injunctions against impropriety are more easily put in place and impropriety itself is kept at bay when financial disclosure is demanded. Most public officials will desist from being involved in ambiguous behavior when they are aware that honest disclosures might trigger scandals while non-disclosure can bring about discovery and prosecution. On the other hand, disclosure by itself is not sufficient since it runs the risk of becoming a mere symbolic act that has no meaning unless it can generate debate and offer the momentum for the further development of substantive conflict of interest standards (Medina). Significant to any set of ethics laws is the mechanism used to enforce, and l in any case, laws operate best when their implementation is entrusted to a specific designated agency that is committed to the laws’ functions. In the case of ethics laws, such an agency should remain bipartisan and autonomous, beyond the direct control of any officials whose conduct is being investigated. The inability to create an independent enforcement body explains why reforms have not been forthcoming in Albany (Frisch). At the present, there are numerous legislations that bar public officers from positions that would bring a conflict of interest with the execution of their duties. As noted earlier, the laws have been ineffective in that they lack effective enforcement mechanisms that would ensure that they are adhered to by all the concerned parties. Due to the weak enforcement mechanisms, individuals have found ways to beat the system and this explains the numerous corruption cases that have been reported in Albany and in other states. While there is already an Ethics Act in place in Albany, its provisions are not strong enough especially when it comes to the area of disclosure. For the last few years, interested parties have used the courts to limit the things that one is required to disclose. Individuals have also been hiding under the privacy act to ensure that they only disclose only the things that they are comfortable with. In this way, this realization seems to explain why the phenomena of corrupt and greed remains persistent in Albany state and elsewhere around the country (Lovett). It is against the above backdrop that Governor Cuomo instituted the Moreland Commission to champion reforms in the legislature. Although there is overwhelming evidence that corruption does indeed exist, there is very little that can be done in way of reforms. In the wake of the reforms instituted by Governor Cuomo, there have been complaints by the public on the manner in which the exercise has been conducted. The genesis of the complaints was the fact that there were individuals in the committee formed to spearhead the reforms that would hinder their effective implementation. In all honesty, bringing in some senators to sit in this crucial committee would not generate the radicalism that is needed to reform the legislature. While the senators sitting in the committee might not necessarily have issues that need to be investigated, their presence in the committee obviously creates a conflict of interest (Frisch). To begin with, the legislators are very much unlikely to set up laws that would compel them to disclose property that they would want to remain hidden. This conflict of interest in setting up of laws explains why there has never been an effective law set up despite the authorities realizing that there is need for reforms. This also explains why there has been constant public criticism surrounding the call for reforms by the Governor and the Moreland Commission. In order to address this criticism, the Governor needs to ensure that there are no politicians sitting in this crucial committee to avoid conflict of interest. In short, bringing senators to sit in this crucial committee is equivalent to calling for the legislators to investigate themselves. Such a call would obviously not bear any fruits and hence the reason why people have been skeptical about the whole process (Orden and Derek). Recommendations In order to restore public trust, various things need to be done and one of these would be to increase transparency. At the present, the independent expenditure committees and mostly those that do not point voters to a specific candidate are not bound by the disclosure regulation and this means that they can act in any manner they deem fit. The law has to date been silent when it comes to dealing with committees that do not tell voters specific candidates to vote for. In the reforms instated by Governor Cuomo, there were no directives on how these private committees should function and hence the constant public criticism on the whole process. In order to restore public trust in the reform process, the Governor should ensure that the private committees are subjected to the same reforms just as the public ones (Lovett). While the call to investigate corrupt practices among senators is a welcome move, it is not enough in itself since it is the product of a weak finance enforcement system. In essence, introducing reforms in the state board of elections is a critical step to end the perennial campaign finance dysfunction. This is because the board has not been effective in enforcing the already existent laws. The board has also created numerous loopholes that have only brought a further weakening of the campaign finance regulations (New York State Constitution). At the present, the board is constituted of an equal number of both Democrats and Republicans and the resulting partisan gridlock ensures that enforcements are never taken seriously. While a bipartisan board is in place to oversee voter participation and the voting process, the same is not required for the campaign finance regulations. While the reforms instituted by the governor are noble, carrying them out without first reforming the campaign finance office would be an exercise in futility. This is because there will be no will to prosecute the individuals who violate the set regulations on finance. As much there is no reform in this area, any efforts to reform will be met with resistance by the public (Frisch). Although the severe penalties proposed by Governor Cuomo under the new Public Trust Act might be effective in deterring offenders, there is need for extra powers to follow through violations. Although there have already been penalties and the risk of shaming, the number of state-level elected leaders caught in scandals have gone up in the last five years. This means that penalties enough are not ideal in arresting the ethics problem. To begin with, the onus of prosecuting the officials caught in scandals falls to the District Attorney. Traditionally, the DA office is underfunded something that makes it ineffective in prosecuting crimes. If the DA is to added more responsibilities, then it is only fair that he is also given more resources to deal with the extra load (Orden and Derek). Conclusion Corruption and mismanagement of funds has been a rampant issue in the Albany legislature. This has called for the need of the setting up of legislations to deal with the situation. Although there have been various reforms setup in the last few years to deal with the problem, there is still more that needs to be done to deal with the problem. Ideally, the Albany problem is not that of lack of adequate reforms but rather the means to ensure that the existent regulations are adhered to. In the light of the recent attempts at reform, there is need for the Governor to create an effective mechanism that would ensure that the existent regulations are executed. Works Cited Frisch, Kevin. Moreland Reverberations. May 13, 2014. Web. May 22, 2014 Katz, Celeste. NYS Board of Elections Pleads Poverty. New York Daily News. October 28 2013. Web. http://www.nydailynews.com/blogs/dailypolitics/nys-board-elections-pleads-poverty-testimony-moreland-commission-blog-entry-1.1696922 Lovett, Kenneth. Independence Party Goes Along with GOP Scheme to Dodge Campaign Finance Laws, Insiders Allege. The New York Daily News, March 4, 2013. Web. May 22, 2014 Lovett, Keneth. State Controller Thomas DiNapoli to add anticorruption division to office. The New York Daily News, May 12, 2014. Web. May 22, 2014 Medina, Julius. State Campaign Finance Rules Need Tightening, Study Says. The New York Times, May 26, 2006. Web. May 22, 2014 New York State Constitution. Malignant Neglect: The Abject Failure of the State’s Campaign Finance Laws, May 7, 2013. Web. Orden, Erica and Derek Kravitz. Cuomo Stockpiles Cash. The Wall Street Journal. November 17, 2013. Web. May 22 Read More