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....January 21, 4:13 PM |
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Albany Talks Ethics, Gov. Eyes Veto
By Domenick Rafter
The newly proposed ethics reforms for the State Senate and Assembly could have meant a huge penalty for a Queens Assemblyman who received thousands of dollars in excess contributions in violation of Elections law. The bicameral ethics reform legislation passed the Senate and Assembly Wednesday. Gov. David Paterson said he would veto the bill because it does not go far enough, though it would require a greater amount of disclosure of outside income, create a new independent legislative investigative body, and strengthen campaign finance laws. Among its features, the legislation seeks harsher punishment for members who receive money beyond the legal limit they are allowed. Recently, Assemblyman Jose Peralta (D-Jackson Heights) found himself in hot water when it was discovered he received campaign donations of $19,900 beyond what is legally allowed. Under current law, a legislator in Peralta’s position would simply pay back the money. The new law could require the legislator to refund the money and to pay a fine of double the excess amount received – plus an additional $10,000. Though representatives from either the Senate or Assembly would not offer Peralta’s case as a specific example, it would seem that if the new legislation had applied to Peralta’s case, he could have had to additionally pay up to $49,800 in penalties. Assembly and Senate officials who were posed the question about exactly how the fines would work refused to state specifically if that was the case, directing the Tribune back to the text of the legislation, which reads: “any person who… unlawfully accepts a contribution in excess of a contribution limitation established in this article, shall be required to refund such excess amount and shall be subject to a civil penalty equal to two times the excess amount plus a fine of up to $10,000.” Both houses stated that the proposed reforms do not reflect on the actions of any individual members.
In addition to the campaign finance changes, the legislation would create three bodies to address the influence of special interest money and lobbying, and to perform investigations in state government. The first, the Joint Legislative Commission on Ethics Standards, would be responsible for ethics disclosure, training enforcement and education for legislators and staff. It would present advisory opinions and impose penalties for violations, as well as perform random reviews of financial disclosure statements of elected officials as well as post them online.
The second body, the Legislative Office of Ethics Investigation, would consist of eight members and receive referrals from the Joint Legislative Commission on Ethics Standards and the Assembly and Senate standing committees on ethics, as well as complaints about ethics violations from the public. The third body, New York State Commission on Lobbying Ethics and Compliance, would be a six-member independent state commission focused on lobbying. Two of its members would be appointed by the governor, and the remaining four by each of the legislative leaders. Commission members would serve four-year terms, with a chair and vice-chair elected by the majority of the members. “We have heard the public outcry,” said Senate Democratic Conference Chairman John Sampson (D-Brooklyn). “Today we are taking action.” “It’s about time, this is long overdue,” said Sen. Joe Addabbo (D-Howard Beach). “The Assembly and Senate have come together on comprehensive ethics reforms that will reduce the influence of lobbyists on state government and increase campaign finance requirements to help restore public confidence in our democratic process,” Assemblyman Mike Miller (D-Glendale) said. “We hope the governor will join us in our efforts to make state government more responsible and transparent.” The ethics reform package would also tackle campaign-finance reform. It would require candidates with independent expenditures that cost more than $1,000 to disclose who paid for the expenditure, increase the penalty for the failure to report to the state BOE from $500 to $1,000 and create a new penalty of up to $10,000 for the failure to file three or more campaign finance filings. Paterson has criticized the proposal for being too lax, saying he would take away the Legislative Ethics Commission, replacing it with one body to police all branches of government. Paterson also called for public financing of campaigns, and term limits, which are not in the legislature’s package. However, the governor has not proposed a bill of his own. Addabbo reminded the governor that he was once in the state legislature and at the time didn’t call for such draconian measures. “The governor should remember where he came from,” Addabbo said. “He was part of that body that needed reform. Where was his thought process when he was a Senator?” Miller noted that the ethics reform legislation has the support of numerous good government groups such as New York Public Interest Research Group, the Citizens Union and the League of Women Voters. “Initially it won’t be enough,” said Addabbo. “Reform will come, it won’t happen overnight. It’s going to take a while.” He said he expects support from both sides of the aisle. “I don’t know how an elected official can go back to their districts and say ‘I didn’t support these reforms,’” Addabbo said. Reach Reporter Domenick Rafter at drafter@queenstribune.com or (718) 357-7400, Ext. 125. |
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