New York State Executive Chamber | Governor Eliot Spitzer
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AGREEMENT REACHED ON LANDMARK ETHICS REFORMS
Governor Eliot Spitzer, Lieutenant Governor David Paterson and
legislative leaders today announced an agreement to implement one of the
most sweeping ethics and lobbying reform packages in state history.
The agreement will set higher ethical standards for public
officials, significantly strengthen penalties for violations, establish
an independent public integrity panel with far-reaching powers, and
reorganize the Legislative Ethics Committee.
Governor Spitzer said: “In one bold action, lawmakers have set New
York on a path toward true integrity in government.”
Lieutenant Governor Paterson said: “Strong leaders have
demonstrated we can have unity despite our differences. We are writing
a new page in our state’s history where ethics will be the guiding
principle for our government.”
Speaker Sheldon Silver said: “For more than a decade, the Assembly
has advanced comprehensive measures aimed at strengthening public
confidence by curbing the influence of money and lobbyists on our
democratic process. These reforms continue the Assembly’s long-standing
commitment to fundamentally changing the way state government
functions.”
Majority Leader Joseph Bruno said: “These reforms will provide
greater accountability to state government at all levels and assure the
public that their interests come first. Almost ten years ago the Senate
passed one of the most strict lobbying reform bills in the country. The
lobbying reforms we are announcing today will build on those efforts and
provide greater transparency in the law.”
Assembly Minority Leader James Tedisco said: “The Governor is
correctly using his first weeks in office to push ahead with reform. To
move our state forward we must first change our government. Business as
usual is a recipe for stagnation. I applaud the Governor for his focus
and I encourage him to cut deeper into the heart of the status quo
because simply nudging Rip Van Winkle may not wake him up – he may need
to be slapped.”
Senate Minority Leader Malcolm A. Smith said: “Less than one month
into his first term, Governor Spitzer has already established himself as
a true reformer and a breath of fresh air in Albany. The Senate
Democrats have long advocated for the ethics and lobbying reforms
outlined today, and we are very pleased that New Yorkers are finally
getting a state government focused on doing what is fair and just.”
The agreement implements an array of new ethics and lobbying
standards, including the following:
Lobbying Reforms – Prohibits all gifts from lobbyists and their
clients of more than nominal value, including travel, lodging and
other expenses, and broadens the types of lobbying activities that
lobbyists must disclose;
Gifts – Prohibits all gifts of more than “nominal value” from
non-lobbyists to public officials where such gifts might appear
designed to influence the official;
Honoraria – Bans virtually all honoraria for statewide elected
officials, agency heads and legislators;
Anti-Nepotism Policy – Prohibits state employees from
participating in any personnel decision or contracting matter
concerning a relative;
Political Hiring – Bars non-legislative employees from asking
about the political affiliation, contributions or voting
records of prospective employees;
Soliciting Contributions – Prohibits non-legislative employees
from using their authority or influence to “compel or induce” any
other employee to make political contributions;
Running for Elective Office – Prevents agency heads from becoming
a candidate for any compensated elective office unless
they resign or take an unpaid leave of absence;
Taxpayer-Financed Advertisements – Prohibits elected government
officials and candidates for elected local, state or federal
office from appearing in taxpayer-funded advertisements; and
Revolving Door – Closes the “revolving door” loophole by
prohibiting former legislative employees from directly lobbying
the Legislature for two years, and expands the revolving door
restrictions for Executive Chamber employees to preclude
appearances before any state agency.
The agreement also strengthens penalties for violations of the
state Public Officers Law and state Lobbying Law. The maximum civil
penalty for public officers who commit ethics violations will be
increased from $10,000 to $40,000 plus the value of any associated gain.
Lobbyists who repeatedly flout lobbying laws will be subject to
suspension.
The agreement combines the current State Ethics Commission and
State Lobbying Commission and creates a new State Commission on Public
Integrity with broad authority to enforce ethics and lobbying laws.
Finally, the agreement replaces the current Legislative Ethics
Committee with a new Legislative Ethics Commission that has a majority
of independent members and new disclosure requirements.
Good government advocates praised the agreement.
Former Attorney General Robert Abrams said: “This is a giant step
forward in the effort to reform Albany. It won’t be “business as usual”
after these reforms are implemented. The cynics who said that real
reform was not possible have been proven wrong.”
Barbara Bartoletti, Legislative Director of the New York State
League of Women Voters said: “These are exactly the kinds of reforms
that are needed. They close loopholes, increase transparency, and
provide the sunshine that Albany has needed for many years. I applaud
Governor Spitzer for his leadership on this issue, and also applaud
Majority Leader Bruno and Speaker Silver.”
In a separate but related action, Governor Spitzer today signed
into law the budget reform bill passed earlier this week. This
legislation brings greater timeliness, transparency and accountability
to the budget making process.