New York Legislature faces budget, ethics issues in election year
New Yorkers shouldered new taxes and fees last year as public corruption mounted during one of the most dismal years in the state Capitol on record.
Will anything change in 2010?
One reason to hope: In November, state legislators and the governor will have to answer to voters.
The public’s disgust with the state Capitol is undisputed, measured in polls and letters to the editor. A December Quinnipiac University poll put the state Legislature’s approval rating at 17 percent and a September Voice of the Voter poll in Monroe County pegged approval of the Senate at 14 percent and the Assembly at 15 percent.
The stakes have never been higher, calling for courage from lawmakers, not expediency:
Many voters — and some lawmakers — are calling for not just reforms but a makeover of the entire government through a constitutional convention.
Last month, the Democrat and Chronicle solicited voters’ views on state government, and 32 readers responded. Eight suggested term limits.
For all of voters’ unhappiness, however, the same lawmakers who play by the same dysfunctional rules are re-elected every two years.
“Everybody complains, but for the most part everyone will get re-elected,” said Jim Noll, 60, of Rochester.
Noll is angry about the lack of local jobs and the perks for lawmakers, which include cars and extra pay for committee chairs, about $12,500 on top of their annual salary of $79,500.
“Nothing changes,” Noll said. “The biggest problem isn’t so much legislators, it’s us.”
The reality
Voting out the current class of legislators might seem like a good idea, but even before the ballots are cast, it is unlikely there will be much choice in who represents a voter’s interests. Majority lawmakers draw their own districts after every census, in most cases ensuring constituents who belong to their party. The practice discourages anyone from another party from running against them.
This year, whoever wins control of the Senate, where Democrats hold a 32-30 majority, will control who draws the new districts after 2010 census data is delivered to New York in 2011.
The winning party will be able to strengthen its position by ensuring its members have friendly districts for the next decade.
Democrats’ hold on the Assembly is strong — they control 109 of 150 seats — and they will redraw districts in their house.
Lawmakers haven’t changed the redistricting system on their own, and reform proponents think it will take a strong governor to succeed in making districts more competitive by calling for an independent commission to redraw the lines.
But this, too, probably won’t happen this year.
“Not a chance in hell,” said Barbara Bartoletti of the League of Women Voters of New York State. “The league has been calling for this for 35 years. That gives you some idea of what an uphill battle this is. It’s not something that either house is interested in.”
New candidates have more to deal with than just districts with lopsided voter registrations. They also have to work against the benefits — and there are many — that sitting lawmakers enjoy.
Legislators are able to hand out taxpayer-funded checks to community groups, colleges, Little League teams and nonprofit groups, a tradition that wins them supporters.
They also reach their constituents by direct mail, paid for by taxpayers. Senators can send at least two districtwide mailings a year, and Assembly members, three.
And incumbents, especially those in leadership positions, usually have a fundraising edge, as lobbyists, labor unions and other special interests make regular donations.
For such reasons, the re-election rate for state lawmakers is 98 percent.
“Our forefathers never envisioned lifetime politicians,” said Terry Lindenmuth, 72, of Greece. “We have (term limits) for the presidency, why don’t we have it for these other offices?”
Lawmakers seem willing to discuss some changes — but not term limits.
Assembly Minority Leader Brian Kolb, R-Canandaigua, is proposing a constitutional convention, and he said term limits is something that could be discussed there, if one happens. But he is not supportive of the idea unless there is a way around bringing in all new legislators at the same time.
He fears government bureaucrats will take over as an inexperienced group of lawmakers learn their new jobs.
Ethics reform
The conviction of former Senate Majority Leader Joseph Bruno, R-Rensselaer County, on two felony charges has offered some hope that reforms to ethics laws will be at the top of the Legislature’s agenda this week.
Bruno, one of the Capitol’s most powerful figures over the past 15 years, was found guilty of charges relating to how his private business deals intersected with his public office.
Good government groups are asking for an independent watchdog with enforcement powers to investigate ethics violations and greater transparency of lawmakers’ private business interests. They say the reforms are badly needed in light of the bad behavior of some prominent Albany figures.
A report from government watchdog group Citizen’s Union, released in November, found that about 10 percent of the 139 state legislators who left office in the past 10 years did so because of misconduct, criminal charges or similar issues. The report showed a rising trend over 10 years.
And not all offenders leave office. Sen. Hiram Monserrate, D-Queens, was convicted of misdemeanor assault of his girlfriend in October. His future in the Senate is under review by a panel of his colleagues.
Reforms to the state’s weak campaign finance laws could also be part of an ethics package. Current laws have gaping loopholes and don’t require senders of political mail to identify themselves.
The system also doesn’t provide much enforcement, or bar offenders from having leadership positions. Senate Majority Leader Pedro Espada Jr., D-Bronx, for example, hasn’t filed all required campaign finance reports.
People who violate campaign finance laws should be sitting in jail, Bartoletti said. “Clearly they’re not.”
Policing itself hasn’t been one of the Legislature’s strong suits, a reason why effective rules and enforcement for years have been the subject of talk but not action. A Senate bill that would prohibit elected officials from collecting their pensions if they are convicted of a felony hasn’t made its way out of committee, despite its sponsorship by majority lawmakers.
Tax relief
New York state is poised to lose a seat in the U.S. House of Representatives because it has lost population in the last 10 years, a fact that won’t surprise upstate residents. They have seen their friends and family members leave for states with more job opportunities and lower taxes.
Albany’s response to this crisis has been weak, and voters will be watching the governor and the Legislature to see whether the state’s financial problems result in higher taxes.
Some observers, however, fear that lawmakers worried about re-election will hesitate to cut programs or services popular with voters and special interest groups, the source of much of their campaign cash.
This year, Unshackle Upstate, a pro-business lobbying group, will endorse candidates for the first time and spread its message through online social networks to try to generate public interest in Albany’s dysfunction.
“The only way we’re going to be successful is if people choose to be engaged,” said Unshackle’s Executive Director Brian Sampson.
Kolb is trying a different approach to address rising taxes and voter frustration.
His “People’s Convention,” if convened, would call for a cap on state spending and real property taxes and for reform to the ways the state borrows money.
To address the immediate deficit, upstate lawmakers say they hope the state can trim spending, something that didn’t happen in the 2009-10 budget, which grew by $10 billion from the previous year.
Kolb thinks state agencies have to be consolidated before health care and education spending is cut.
Assemblyman Joseph Morelle, D-Irondequoit, said education and health care spending have to be cut because they are the largest parts of the budget.
“Legislators who aren’t saying the same thing are either kidding themselves or kidding their constituents,” he said.
North Clinton Avenue Business Association President Albert Algarin hopes the Legislature does not cut social services or aid to cities.
“The message is enough is enough,” Algarin said. “They’re going to have to get creative.”
JTERRERI@DemocratandChronicle.com
What’s at stake
The economic health of New York residents and government transparency.
Politicians address concerns
Voters told the Democrat and Chronicle what frustrates them about state government. Their representatives responded.
Chuck Isaac, 68, Chili
“My feeling is if it’s an incumbent, vote him out, unless he can show me what he’s done to decrease the size of government.”
Assemblywoman Susan John, D-Rochester
“I understand why he’s concerned about the size of government. We’ve taken steps to encourage local governments to share services. I’m hopeful the governor is going to propose the restructuring of government agencies … to reduce the size of state government. … New York has had the problem of spending more money than it should for a long time. Government needs to reduce its overall size and cost. That has been the consistent message I have heard from my constituents.”
Carol Piscini, 56, Greece
“I think New York is a great state. If they want more business here, there’s got to be more incentive. People leave New York because the cost of living is so much higher.”
Assemblyman Bill Reilich, R-Greece
“People from the other side of the aisle, people are willing to give a hand-out, but when we cut the taxes, they say we can’t afford that. … They don’t necessarily need a hand-out if you can cut the taxes.”
Terry Lindenmuth, 72, Greece
“Joe’s (Robach) very good at handing out pork. … We’ve got to stop that stuff. These are serious times we’re in.”
Sen. Joseph Robach, R-Greece
“I believe we cut the member items by 12 percent, 12 percent in the Assembly. Absolutely in these economic times, we lead by example.”*
*In the Deficit Reduction Plan, member items, or state funds that are awarded to community groups at the discretion of individual lawmakers, were cut by 12.5 percent. Robach does not support abolishing member items.
2010 timeline
Wednesday: Gov. David Paterson delivers his State of the State address at 1 p.m. The Legislature’s first day of session.
Jan. 19: Paterson’s deadline for submitting his budget to the Legislature.
April 1: Deadline for Legislature to pass governor’s budget.
June: The Legislature’s session usually ends during the last week of the month; no date has been set.
Sept. 14: Primary election.
Nov. 2: General election.
