This past Wednesday New York Governor Spitzer and State legislative leaders announced a bill to help fix the state ethics rules in New York State.  Common Cause/NY has long called for substantial ethics reform and pointed to the various flaws in the existing statutes.  While there are number of good provisions in the package we are a concerned with a few of the changes proposed. 

Specifically, the legislation would create a new state agency, the Commission on Public Integrity, and do away with two existing agencies, the Temporary Commission on Lobbying and the State Ethics Commission.   

Despite having “temporary” in its title the Lobbying Commission has existed since 1977 and has largely been viewed as one of the more effective public integrity watchdogs in New York State.  Through a combination of independence and aggressiveness the Lobbying Commission has levied millions of dollars in fines and penalties and butted heads with many public officials; including Governors Spitzer and Pataki and the legislative leaders. 

Because of this effectiveness Common Cause/NY and other good government groups are dismayed that proposed ethics package would significantly alter the way lobbying is regulated in New York State.  Here are some of the changes that concern us.

• It would give the Governor a majority (7 out of 13) of the appointees to the new commission—currently no one political figure makes a majority of the appointments to the Lobbying Commission.
• The new commission’s executive director would effectively serve at the pleasure of the Governor (a majority of the commission) and would have to seek the approval of the commissioners to act on an investigation.  Currently, the executive director has the authority to initiate investigations unilaterally.
• The new commission will not be able to keep the funds that they levy via fines and penalties.  This means that the Commission’s budget will be at the mercy of those they are charged to oversee.