Though most of the public interest in influence peddling has been focused on what is happening in Washington, D.C. with the scandal involving lobbyist Jack Abramoff, the New York State Capitol has its very own lobbying problems.
In an act reminiscent of those junkets that came to light during the Abramoff scandal, two companies have asked the lobbying commission for a ruling on the appropriateness of taking close to 150 legislators, staffers and state agency employees on a train excursion to Montreal. Bizarrely, the State Ethics Commission gave the trip the green light.
It would seem impossible for the ethics commission to have approved this excursion, given that for the past few years, state legislators have been prohibited from receiving any gift, such as a dinner, golf outing, etc., in excess of $75. But the problem is in how that law has been interpreted. In what sounds like a bad joke, a legislator could be treated to a $30 breakfast, a $50 lunch and a $70 dinner from the same person all in one day and be within the legal definition, because no single gift exceeded $75.
There is a state agency, called the New York Temporary State Lobbying Commission, which is charged with making such interpretations. Until this past week, the commission didn’t even have its full complement of six members; the governor finally has filled his two vacancies. Still, the commission has reportedly postponed until next month any official decision on whether to enforce a new stricter interpretation of the $75 gift limit.
Helping to push this issue is a report and analysis prepared two weeks ago by the Brennan Center and endorsed by NYPIRG, Common Cause, and the League of Women Voters, and released in an effort to advance a series of legislative recommendations intended to close many loopholes in the way in which ethics are enforced. (Citizens Union has not yet taken a formal position on the large and sweeping package of reforms. It is likely to support many, but not all of the proposals.)
Such an effort cannot occur too soon given the unbelievable way in which the “gravy train” operates in Albany.
But even if the gift restrictions go through and the ethics law is ultimately strengthened, there are still many other ways in which legislators are able to benefit from the public office in underwriting many of their expenses. As Danny Hakim writes in the New York Times, even if legislators become limited in the size and number of gifts they receive from lobbyists, their ability to use their campaign funds liberally to cover many of their related expenses will remain unchecked. Campaign funds – to which lobbyists can make contributions of several thousand dollars as opposed to the stingy gift limit of $75 – will still be allowed to be used for car payments, cell phones, parties, events, etc.
As Wonkster pointed out: Republican State Senate Majority Leader Joseph Bruno has used campaign donations from lobbyists to pay for $10,000 worth of restaurant meals over the last six months and a trip to Italy last fall. Not to be outdone, Democratic State Assembly Speaker Sheldon Silver used his campaign funds to attend conferences in Hawaii.
So while ethics reform is critically needed, any true reform effort needs to include restrictions on how campaign funds can be used if we are to have any success in limiting the way in which lobbyists can aid — and therefore influence — the legislators.
By Dick Dadey on February 13, 2006, 7:30 am
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