Gotham Gazette

The Place for New York Policy and politics

Citizens Union

David Howard King

State Government Editor of The Gotham Gazette 

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Legislators returning from a spring break that saw the arrest of two of their colleagues on corruption charges find themselves in a new Albany where ethics reform is at the top of everyone's to-do list. And everyone has got a plan.

Assembly Speaker Sheldon Silver unveiled his plan for public financing of campaigns today that includes six-to-one matching funds that would be paid for by taxpayers who opt in on state tax forms and with money recovered from securities fraud.

Silver's plan did not address the Wilson Pakula law that allows for cross-party endorsements. The law has come under scrutiny since state Sen. Malcolm Smith, a Democrat, was arrested on corruption allegations that he tried to bribe his way onto the Republican line for New York City Mayor. 

The group that took perhaps the biggest hit from the recent scandal was the breakaway Independent Democratic Conference that had appointed Smith the chair of their five-memmber conference.

The IDC expelled Smith and, last Friday, issued its own campaign finance reform plans. 

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Gov. Andrew Cuomo has named Tom Prendergrast as the head of the Metropolitan Transportation Authority.

Prendergrast is filling a vacancy created by Joe Lhota who left to run for New York City mayor on the Republican ticket.

Prendergrast is a former MTA executive and has worked in transit for most of his career. 

Here is Cuomo's statement on Prendergrast:

Tom Prendergast is a consummate public transit leader who is the ideal candidate to oversee the nation’s largest transportation system,” said Governor Cuomo. “The MTA plays a vital role in New York’s economy and the daily lives of the millions of commuters who use its services. Tom has vast experience in infrastructure and transportation and has spent years managing commuter railroads as well as New York City’s subways and buses. From the track bed to the budget to modernizing our system for the 21st Century, I can’t imagine anyone having a better understanding of how the region’s vast system operates and the challenges that it faces.

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Council Speaker and mayoral candidate Christine Quinn said yesterday that she wants the city to control the Metropolitan Transportation Authority which is currently run by the state. "The MTA chair is appointed by the governor. The mayor has a minority of the appointments on the MTA board. The majority of the new members are appointed by the governor and county leaders outside of our city," Quinn said. "This has resulted in an MTA that doesn't respond quickly enough to the needs of New Yorkers and the changing face of our city." Transportation advocates have criticized Quinn's plan. Quinn also said that by 2023 no New Yorker should have a commute of more than an hour in any direction. 


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Bronx State Sen. Gustavo Rivera says he officially endorsed City Council Speaker Christine Quinn in her mayoral bid earlier today because she "has been there" for the people he represents.

I asked Rivera what brought about his endorsement so early in the race before any other state legislators have made tipped their hats. 

"First of all I respect all the candidates but I had to make an assesment on who is going to be best for job," he said. "We need a leader to bring people together with common interests. She is a proven leader knows how to bring interests together in the City of New York. I was not looking to endorse someone I agree with 100 percent of time." 

Rivera said that he has had a good working relationship with Quinn and that she has responded quickly on issues, such as getting properties in the Bronx away from absentee landlords. 

"Whenever we have reached out she has been there," Said Rivera. 

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Council Speaker Christine Quinn has landed the endorsement of Sen. Gustavo Rivera. An endorsement from anyone who hangs out in Albany might not seem like a good thing given the recent federal corruption indictments of Sen. Malcolm Smith and Assemblyman Eric Stevenson but Rivera has a reputation as a reformer. 

Rivera defeated former Sen. Pedro Espada in 2009 and has allied himself with reform elements in the State Legislature since then. Rivera provides Quinn with a major Latino endorsement and support from the Bronx.  

Quinn praised Rivera, calling him "a breath of fresh air for the people of the Bronx and his colleagues in Albany." 

Here is Rivera's statement:

Speaker Quinn, throughout her career, has consistently fought for New Yorkers from all walks of life – particularly working class and low-income families. She has made it her mission to expand access to quality education, child care and after-school services, as well as to expand and prioritize affordable housing projects. Simply put, Speaker Quinn has delivered on those issues most critical to my constituents and my community.

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Today's Lead Story

Weiner's Return? 

Former Rep. Anthony Weiner's admission in a New York Times Magazine article that he is considering a run for mayor has jolted the current pack of candidates. Weiner has considerable baggage to overcome as he resigned from Congress in disgrace after lying about sending sexually explicit internet messages to women. Weiner's wife Human Abedin has remained supportive of her husband throughout the ordeal. Even Weiner's possible opponents acknowledge he is a shrewd politician who can run a serious campaign. Most major candidates gave statements that indicated they weren't particularly concered with Weiner's entrance into the race. Comptroller John Liu playfully welcomed Weiner but warned, "Just stop Tweeting." 


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Cuomo Blasts Washington's Compromise on Gun Control (Buffalo News)

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Gov. Andrew Cuomo fired the first salvo today in what he says will be an ongoing campaign against public corruption. 

Cuomo was joined by a number of county district attorneys at a press conference at his Manhattan office today where he announced a push to create a "Public Trust Act" that would increase penalties for existing public corruption laws and establish three new criminal acts: bribing a public official, scheming to corrupt the government and failing to report corruption.

Legislators convicted of corruption charges would be banned from holding office and would not be able to do business with the state. 

"The public expects honesty," Manhattan District Attorney Cy Vance said at the press conference, "and it's time our laws caught up with reality." 

Asked by reporters why his proposal didn't include giving more power to the attorney general to investigate corruption, Cuomo said that today's announcement was "step one." 

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Following a week littered with indicments and arrests of state legislators and their cronies, Gov. Andrew Cuomo took to the airwaves to talk reform. 

Cuomo didn't get into specific fixes today, but floated the targets of possible reform — Wilson Pakula, the enforcement wing of the state Board of Elections and cross-party endorsements. “These are crises, but they’re also opportunities,” Cuomo said. He added that he would want to "pull back the lens and do as much as we can." 

RELATED: For a look at Cuomo's previous efforts to fight legislative corruption and what others think can be done to fight it, check out today's stoy: "Can Anything Be Done About Corruption in Albany?"

Cuomo also took time on Susan Arbetter's Capitol Pressroom to address Fred Dicker's latest column in The Post that said Cuomo is plotting to use recent scandals to overthrow Assembly Speaker Sheldon Silver. Cuomo and Dicker used to be two peas in a pod with Cuomo appearing regularly on Dicker's show to float ideas until Dicker began attacking Cuomo for a more liberal agenda. 

“I’m a partner to Assembly Speaker Silver, I’m a partner to Dean Skelos and Sen. Klein on the other side. But it is wholly up to the legislative bodies to select a leader,” Cuomo said. “I would never even for a moment try to influence that decision. And, again, in this case I don’t see what the Speaker had to do with any of these purely personal individual acts by two Assembly people.”

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"Appaling," that is how Gov. Andrew Cuomo describes the allegations of corruption against two state legislators, a city councilman and various other political players this week. 

Cuomo has tried to present an image of a new, functioning Albany during his time in office but this week has done a lot to tarnish that image. 

Here is Cuomo's statement: 

The allegations of public corruption by City and State officials revealed this week are appalling. New Yorkers deserve a government that is as good as the people it serves and the events of the last few days fail this and every standard of public service. As Attorney General I prosecuted numerous public corruption cases, including putting former Senator Espada and Comptroller Hevesi behind bars, and believe firmly that anytime the public’s trust is violated, we must act quickly and aggressively to hold the guilty parties accountable. I commend US Attorney Preet Bharara, District Attorney Robert Johnson and their partners in law enforcement on their dedication to prosecuting corruption at every level. Those of us committed to the public and honored to hold its trust have zero tolerance for the actions brought to light this week, and will continue to use our power to fight to ensure integrity and trust to government in New York.

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Bronx Assemblyman Nelson Castro says he has been cooperating with federal and county prosecutors on public corruption cases for years. 

Castro, a Democrat, announced today in a statement that he would be resigning from the Assembly after one of those cases was made public just hours ago with the arrest of fellow Assemblyman Eric Stevenson on federal charges that he accepted bribes. 

Castro said in his statement that he had agreed to cooperate with the Bronx district attorney's office and the U.S. attorney's office for the Southern District of New York "in conjunction with various investigations aimed at rooting out public corruption." He said he began to cooperate with the Bronx district attorney's office in 2009 following an indictment on a civil matter. Castro was elected in 2008. 

Stevenson, also a Democrat from the Bronx, was arrested this morning on federal charges that he accepted bribes. Stevenson's lawyer told The Times he is still reviewing the charges against his client and "would have no comment until he had done so." 

The federal complaint against Stevenson refers to an "Assemblyman 1," which news reports have identified as Castro. 

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Assembly Speaker Sheldon Silver is calling on recently indicted Assemblyman Eric Stevenson to resign. Silver just issued this statement: 

Assemblyman Stevenson's alleged actions as outlined by the federal charges against him are a clear violation of the public trust and cannot be tolerated. I believe that given the evidence that has been presented, he should seriously consider whether he can continue to maintain the public trust. I am encouraging him to resign.

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Here is the complaint against Assemblyman Eric Stevenson and others thanks to The Times Union's Casey Seiller: 

 

Stevenson, Eric Et Al. Complaint by Casey Seiler

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Assemblyman Eric Stevenson was arrested this morning on charges he drafted legislation in exchange for cash.

The arrest comes only 48 hours after Democratic Sen. Malcolm Smith was arrested and indicted in a scheme to use bribes to secure the Republican line for mayor. City Councilman Dan Halloran and Republican party officials were also arrested in the corruption case. 

But it doesn't end there. Stevenson's arrest came about through a deal with a so-far unamed Bronx Assemblyman who faced felony charges and ratted out Stevenson in exchange for not being prosecuted. However, said Bronx Assemblyman will have to resign from office. 

Expect plenty more news on this throughout the day. 

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Scandal Raises Questions About Member Items 

A recording of a wiretap featuring Councilman Dan Halloran bragging that he could extract tens of thousands of dollars from the City Council to use as a bribe has brought attention back to oversight of the council's member items. Although there isn't evidence Halloran did what he bragged a number of mayoral candidates are using the issue to attack fellow candidate Council Speaker Quinn. Bill de Blasio blasted Quinn at a press conference saying, "these things happened under her watch." Bill Thompson and Sal Albanese also attacked Quinn's record on member items. Republican Mayoral hopeful Joe Lhota called for an inspector general to oversee the council in an interview with The Wall Street Journal. Lhota has attacked Quinn's proposal for an NYPD inspector general. “There have been so many accusations over the last four to six years about the abuse of member items,” Lhota told the Journal. “I think it’s about time that the council seriously consider having an inspector general for itself, to oversee what is obviously an area that is ripe for people with bad character.”


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Sen. Daniel Squadron seems to be the first elected calling directly for Sen. Malcolm Smith's resignation following his arrest by the FBI for his alleged involvement in a scheme to buy the Republican line in the New York City mayor's race.

"The charges outlined in today's complaint are simply shocking. This is something that belongs in 'House of Cards,' not an election to decide who will run our city or any part of our government," said Squadron in a statement. 

For the uninitiated 'House of Cards' is a totally-awesome take down of corruption in politics and journalism presented in episodic format by Netflix. I highly recommend it. 

"Regardless of the outcome of the criminal charges filed against Senator Smith, he has lost the public trust -- and he should resign," Squadron continues. "Scandal after scandal underscores the need for fundamental reform of the system, including laws to create a better campaign finance system and more open and competitive elections, and to disentangle public service from for-profit business."

Squadron is currently running for public advocate.

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Sen. David Carlucci is "shocked and outraged" over the alleged bribery scheme that his fellow Independent Democratic Conference member Sen. Malcolm Smith was arrested for today, according to a statement from Carlucci's office. 

Carlucci represents Spring Valley, New York and a Senator from Spring Valley is mentioned throughout the complaint against Smith. However, U.S. Attorney Preet Bharara told reporters today that there is no evidence of wrongdoing involving the Senator from Spring Valley. 

Here is Carlucci's ful statement: 

Like many New Yorkers, I am shocked and outraged over the alleged misconduct undertaken by various public officials at the state, city, and local government. This conduct is reprehensible in its entirety, and public corruption in any form cannot be tolerated at any layer of government. I look forward to hearing the details of this wide-ranging investigation as they begin to unfold. As the United States Attorney had indicated, in no way whatsoever was I, or any member of my staff, involved in the alleged criminal misconduct and subsequent charges filed this morning. On the contrary, these actions speak to a broader, more fundamental reason as to why I ran for office in the first place – to clean up the culture of corruption that pervades our politics.”Three years ago I came to Albany to shake up the status quo and bring change to our State Capital. While we have made great strides since, there clearly remains much more work to be done. I am committed to working to reform our system of government in a way that increases transparency and holds public officials accountable to the people they serve.

IDC head Sen. Jeff Klein has stripped Smith of his chairmanship and committee assignments and issued a statement saying Smith might want to consider resigning. 

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Sen. Jeff Klein has stripped Sen. Malcolm Smith of his chairmanship and committees. In a statement just issued by the Independent Democratic Conference Klein implies that Smith should consider resignation. The move comes in response to Smith's arrest earlier today on charges that he tried to bribe his way onto the Republican ticket in the New York City mayoral race:

These are very serious allegations that, if true, constitute a clear betrayal of the public trust. As a result of these charges, I have made the decision to strip Senator Smith of his committee assignments and of his conference leadership position. By participating in the alleged scheme, Senator Smith breached the trust of the Independent Democratic Conference. I trust that the U.S. attorney's office will act expeditiously to resolve this matter and to ensure that justice is served. Finally, given the level of criminality alleged, I believe that Senator Smith should seriously consider whether or not he can continue to effectively serve his constituents."

Smith joined the Independent Democratic Conference late last year. The IDC paired with Senate Republicans just as it seemed Senate Democrats had won back control of the Senate. Smith is the only member of color of the IDC. Placards in front of Smith's office listing his committee assignments were taken down earlier today. Klein seems to hint in his statement that Smith should resign. It isn't clear what it would mean for control of the Senate if Smith resigned or if he is convicted. 

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A spokesman for state Sen. Malcolm Smith says the former majority leader will be "vindicated" of charges that he conspired to  buy a spot on the Republican Party ballot for mayor in 2013. 

Smith was arrested this morning by the FBI on charges that were brought in federal court. (Read the complaint below.)

Smith spokesman Todd Shapiro issued this statement: "The Senator has record of 13 years of dedication, hard work and integrity to the people he serves in Queens.He has provided to the heath, safety and well-being of the almost 20 million residents in New York. He will be vindicated when the all the facts in the case are revealed." 

Smith led the Senate Democrats when they initially took control of the Senate in 2008. Smith had to cut deals with a number of senators to get that position. Last year, Smith joined the Independent Senate Democratic Conference, which lacked any minority members at the time. Smith was named chairman of the IDC in February of this year.

The IDC touted its seperation from the ethically challenged Demcoratic conference and the fact that they were ready to succeed where the Democrats had failed. But Smith and IDC Leader Sen. Jeff Klein were both part of the leadership structure of the Senate Democrats when they controlled the Senate. Smith's arrest could alter control of the Senate. 

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New York State had funded a successful grant program for spinal cord injury research that was funded by surcharges on speeding tickets until Gov. David Paterson diverted the cash from the tickets into the state's general fund.

As I wrote earlier this year the program has lead to some major breakthroughs in the field, lured prominent researchers to the state and created good jobs.

This year's state budget takes a step towards restoring funding to the program by allocating $2 million out of the usual $8.5 million that used to go to the program. 

Terry O'Neill who has championed the program since its inception sent the following letter to Speaker Sheldon Silver thanking him for restoring the funding. 

 

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Deal on Paid Sick Leave

The city is set force companies that employ over 15 people to give full-time employees 5 compensated days off a year. The news comes as Council Speaker Christine Quinn who has blocked a vote on paid sick leave for years reached a deal last night with labor and business leaders. The law wouldn't take effect until spring 2014 and for the first 8 months it would only apply to businesses with 20 or more employees. Political pressure mounted on mayoral candidate Quinn over the last few weeks as her opponents and advocates attacked her on her refusal to bring the issue to a vote. Mayor Michael Bloomberg is opposed to paid sick leave and like Quinn has said it will hurt business. The council will have to vote on the legislation and likely override a veto from Bloomberg. “We have a good, strong and sensible piece of legislation that recognizes the needs of everyday New Yorkers and the realities that our struggling small businesses face,” Quinn said in a statement.


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