AG Gives Senator's Fridge Cold Shoulder

Generally speaking I'm a fan of increased oversight, especially in the case of member items.

This spring Attorney General Cuomo proclaimed that he would question the nearly $170 million of grants that come from state funds, in part to ensure that are no conflicts of interests between the recipient groups and the legislators.

As reported by Newsday's Michael Gormley, the first batch of rejected grants are posted to the attorney general's Project Sunlight. The nixed member items include $5,000 for a walk-in fridge for an Elks Lodge in Massapequa submitted by Long Island state Senator Charles Fuschillo due to "insufficient information." Other items were rejected due to constitutional or statuary concerns, or for lack of explanation of conflict of interest.

Prediction: No Vote on Bigger Bottle Bill

It doesn't take a psychic to know this much: controversial votes just don't take place in Albany. So here's a prediction. The "Bigger, Better, Bottle Bill" -- pushed by environmentalists for years -- won't come to a vote in the Senate before they wrap up business for the session this week.

The bill would extend New York's 5-cent container deposit law to plastic bottles holding water, iced tea and other beverages. Many environmentalists believe the bill will dramatically reduce the number of plastic bottles that end up in our landfills, rivers and parks -- and instead will be recycled. A recent survey indicates that 70% of New Yorkers support the bill.

The Senate has refused to vote on this bill for years. Would it pass if it came to a vote? Who knows? Given public support for the bill, it would be very hard for some Senators to vote against it -- but that's the beauty of controlling a legislative chamber in Albany. It's almost never necessary to cast a difficult vote.

There may be very good reasons for opposing this bill, but we won't get to hear those reasons this week, let alone a debate or a vote on the bill in the Senate. Someone important apparently opposes it, and that's enough to ensure no discussion, no debate and no vote.

Observer Shines Sun on Sunshine AG

In today's Observer, journalist Azi Paybarah flashes some good government virtual ink in a well-reported post about the schedule--or lack thereof--of New York Attorney General Andrew Cuomo.

Apparently, the AG, who has received praise for his work on transparency and opening government, doesn't keep a schedule. The explanation was that the office is protecting the identities of "whistleblowers, witnesses and complainants." It should be noted that the attorney general, like his predecessor, has been aggressively taking on mortgage giants and student loan companies, and recently began a well-advised public integrity investigation.

No public official should refuse to keep a schedule. If there are sensitive meetings of the kind described by the AG's office, then we wouldn't quibble with a redaction here or there. We're pleased that the AG released a reconstructed schedule, though it's only five pages long and covers 13 months.

We hope that going forward--and backward--the AG will continue to record his comings and goings.

In other news, the New York Times points out today that a number of City Council members have relatives on the payroll of their campaign, which is cause to raise an eyebrow, as our good government colleagues point out.

In some cases, probably rarely so, such arrangements are worthwhile. While in his 20's Attorney General Cuomo earned praise as campaign manager for his father's winning gubernatorial bid in 1982. It's unclear how much he was paid, although the following year the current AG worked as a gubernatorial aide earning a salary of $1.

(Full disclosure: I worked in Albany for the attorney general's father in the final years of Governor Cuomo's administration.)

Assembly Hearing Attendance: Send Members Back to School

In response to the recent spate of construction-related deaths and accidents in the city, this morning the Assembly held a joint hearing of the Codes, Cities and Housing committees at 250 Broadway. As the notice of public hearing points out, there were nine recent construction deaths (and additional injuries). Today only eight Assembly members out of more than 50 from the combined committee membership actually showed up.

This is no doubt an important issue and the members present deserve praise for their oversight and for proposing several bills to further regulate construction and enforce building codes. The acting head of the city Department of Buildings testified, as did a number of city elected officials and advocates.

However, as we know from New York State Legislative Process, the original Albany report released by the Brennan Center in 2004, hearings on bills are a rarity. According to the report, in the Assembly from 1997 to 2001, out of 202 pieces of major legislation that were ultimately passed where there exists complete information, only one was the subject of a committee hearing—.05%. Members respond that they do hold hearings on issues (which, unlike today, aren't usually about specific legislation.)

Committee attendance for meetings or hearings is virtually unknown because, even if recorded, it’s not readily accessible to the public. This is part of a larger problem of a general lack of transparency and accountability in the state legislature. As the process exists today, constituents are left in the dark about the working habits—or lack thereof—of their representatives. Like you and I were subject to in school, attendance should be taken and should be published on the web immediately.

Attending today’s hearing were Jim Brennan and Joe Lentol, chairs of Cities and Codes respectively, and a mix of representatives who represent areas were the accidents occurred and other interested parties: Jonathon Bing, Deborah Glick, Micah Kellner, Linda Rosenthal, Mark Weprin and Rory Lancman. As of the start of testimony, absent from the hearing was the Housing committee chair, and only two of the 27 members of his committee were present.

It’s unreasonable to insist that every member, even a majority of the members, attend today’s meeting. Members may have reasonable conflicts or great distances to travel, especially from upstate when the meeting is downstate. However, it’s uninspiring that about 15% of the total membership of the three committees were present especially considering the importance and topicality of the issue.

A Welcomed "Knapp" by the New York Attorney General

As much as we’d like to put the scandal of last month in the rearview mirror, we welcome the news that Governor Patterson granted the authority to Attorney General Cuomo to conduct an investigation.

The attorney general will probe how the State Police handled inquires about elected officials, most notably Senate Majority Leader Joe Bruno, and possibly leaks against former Rep. John Sweeney during his reelection campaign. Given that Attorney General Cuomo has the necessary subpoena power to conduct the investigation, we hope and expect the truth will come out.

“Combining politics and police work is a toxic brew,” said the attorney general about the current investigation. The Knapp Commission hearings 35 years ago prove that point.