Is Shelly going to blink?

Now, perhaps I’m exaggerating the potential showdown about to occur in Albany. However, we’ve been writing about the winds of reform blowing through the New York State government and how Assembly Speaker Sheldon Silver, the symbol of the status quo, will withstand the storm.

Shelly can attempt to stand tall and resist the winds of change. He can, as indicated so far, bend with the winds. Or perhaps the winds will blow him away.

As students of government watch each potential showdown, the question seems to be will the old powerful Shelly take a stand, or will he blink?

Governor Eliot Spitzer, a declared reformer, has been lucky as the champion of change. First son of Queens State Comptroller Alan Hevesi was caught with the proverbial hand in the cookie jar by using State personnel to chauffer his ailing wife to the tune of $200,000. Spitzer withdrew his endorsement, publicly distanced himself from Hevesi, and encouraged the system to force Hevesi’s resignation and guilty plea – a big score for good government.

Next, it was disclosed that Senate Majority Leader Joe Bruno has been using his office and State money to help his business associates and is under investigation by the FBI. Bruno is weakened, if not ultimately removed – score another for good government.

Spitzer was also good, from Day 1, he hands down Executive orders on ethics as it relates to the Executive branch of government. The Assembly and Senate try to do their best to keep pace and be part of the reform movement.

Last week, an agreement on a series of ethics reforms including gift bans and limits on lobbyists was announced by Spitzer and the legislative leaders.

The announced reforms would also ban most speaking fees for agency heads, statewide elected officials and legislators. It would bar former legislative employees from lobbying the legislature for two years and would prohibit state employees from participating in procurement or hiring decisions when a relative is involved.

And all the while, Silver apparently has been acquiescing to the winds of reform.

Then, last week, came the biggest blow to the Assembly Speaker: a panel consisting of two former State Comptrollers (Carl McCall and Ned Regan) and former NYC Comptroller Harrison Goldin, empowered to select five out of 18 finalists for the Assembly to select as the next Comptroller, handed down only three names. And the list did not include the name of even one of the five sitting Assembly members on the list of 18.

The selection process to replace Hevesi is controlled entirely by the vote of the joint houses of the Legislature. Silver basically controls that vote and the selection of next comptroller assuming he has the continued ability to deliver all the votes in his Assembly Democratic caucus. He, under pressure from Spitzer, had weeks before announced with the Governor that they had agreed to a screening panel of former Comptrollers to help select a fiscal expert to fill the position. Silver made it clear that the process would be open to sitting legislators. Silver never had to agree to the screening process and has stated he wanted a fellow Assembly member to get the job. Promoting one of his members would, of course, strengthen his standing in the caucus and give him additional leverage in future dealings with the Comptroller’s office.

Although Silver has agreed to the screening process, he is not, by law, bound to take their recommendations. And last week he indicated he would not necessarily be bound by the panel’s choices.

The names and backgrounds of the three selected are not really significant here. At issue is whether Shelly Silver will abide by the announced good government process or go back to the same ol’ same ol’ way of running government in New York.

For the record, the three fiscal experts selected as finalists by the panel are: Nassau County Comptroller Howard Weitzman, NYC Commissioner of Finance Martha Stark and investment banker William Mulrow, a former Comptroller candidate in 2001 and close to Spitzer.

They were selected from the 18 applicants after two days of hearings before the panel and a committee of Assembly members and State Senators.

One member of the panel has indicated that only these three selected met the qualifications that had been set out for the next Comptroller and it was the panel’s mandate to select “up to” five.

Last Thursday Silver released a statement that said: “The agreement between the parties involved in developing this process was that five candidates would be recommended to the Legislature for their consideration. Unfortunately, the panel’s decision did not conform to this agreement and the charge given to them. We will review this matter to determine how we will proceed with Governor Spitzer, Senator Bruno, and the members of the Legislature shortly.”

The NY Times reported last week that panel member Regan had spoken with Silver before announcing the candidates, and felt that Silver’s issue was there was no Assembly member on the list while Regan said, “That’s not the problem. The problem was, who had the goods for the comptroller’s office?”

Now Silver is saying he may not listen to the panel and may select whoever he wants.

Hmm!

Yes, Shelly may have the power to do so but the people have just overwhelmingly voted for Spitzer and the winds of reform.

Blink, blink.

Michael Schenkler can be reached via this contact form.