Gov. Cuomo (photo via The Governor's Office on flickr)
Gov. Andrew Cuomo has until midnight Friday to sign or veto two bills that would strengthen the state's Freedom of Information Act, often known as FOIL. "In a nutshell, these two bills are the difference between FOIL working and not working," said John Kaehny of Reinvent Albany, a good government group that has been instrumental on the issue and is urging the governor to sign the bills.
Cuomo's decision comes with the backdrop of the conviction of former Assembly Speaker Sheldon Silver on corruption charges and the ongoing trial of former Senate Majority Leader Dean Skelos--both cases have focused on what happens behind the scenes in Albany, far from public view. Calls for drastic measures around ethics and transparency reform have heightened, with many looking to the governor for leadership.
The two bills are designed to make state government respond faster to FOIL requests and to reduce the prohibitive impact of legal costs on pursuing FOIL requests. Cuomo spokesperson Dani Lever told Gotham Gazette both bills are still "under review."
Assembly bill 114 would reduce the time a government agency has to appeal a judge's decision to grant a FOIL request from nine months to two. The other, Assembly bill 1438B would amend a single word in state FOIL law: instead of saying a judge "may" award legal fees if an agency is found to have inappropriately denied a FOIL request, the new law would say a judge "shall" award legal fees. Both bills passed the Legislature unanimously and The State Committee on Open Government recommended their passage.
Assembly Member Amy Paulin, sponsor of the latter bill, A.1438B, told Gotham Gazette that she spoke to the governor's counsel this week and explained the motives for the bill. "We're hoping for the best," she said.
States including California, Colorado, Florida, Illinois and New Jersey have FOIL laws that require the courts reimburse those who file FOIL requests and are wrongly denied by the state.
On Dec. 4 a host of groups that regularly utilize FOIL, including the New York Civil Liberties Union, The Brennan Center, Consumer Union, Sunlight Foundation, Citizens Union, and Common Cause, wrote Cuomo asking him to sign the bills.
"The Freedom of Information Law is the single most important tool for open and transparent government in New York State. Journalists and government watchdog groups depend on FOIL to help hold government accountable," reads the letter. "Businesses rely on FOIL to ensure the government procurement process is fair. Unfortunately, state agencies often deliberately delay the FOIL process, or simply do not provide the requested records. Agencies know that it is very expensive for the public to appeal a FOIL request to the courts. Because of this, agencies are often able to effectively ignore FOIL without being challenged."
While there is unified support from legislators and good government groups for the legislation, there is still concern among advocates that Cuomo will decide to veto the bills.
Despite having run on the promise of "the most transparent administration in history," Cuomo's government is known for withholding information, moving at a snail's pace on FOIL requests, using Blackberry messaging to avoid leaving records of communications, and even implementing a policy where state agency employees were directed to purge their emails. That email policy was rescinded only after major outcry from good government groups, legislators, and journalists, and only after an initial email purge was complete.
"The criticisms of Albany we've heard from both the Silver and Skelos trials are that Albany is too opaque, so signing these bills could go a long way to sending a message that things are changing," said Blair Horner of the New York Public Interest Research Group. However, Horner noted that both Silver and Skelos have been members of the legislature and the legislature is basically exempt from FOIL - something advocates have been looking to change.
Kaheny told Gotham Gazette that he expects the bills could be "challenging" for the Cuomo administration because they would "immediately produce transparency demands on the administration."
At least six newspapers have editorialized in favor of the legislation this month. FOIL is a particularly significant issue for journalists who find that pursuing information requests regularly fall to costly legal battles due to government resistance. The costs are so prohibitive for many outlets that any government resistance effectively defeats the quest for transparency. Groups like the NYCLU and the Empire Center, which routinely use FOIL, are used to absorbing those costs that can reach tens of thousands of dollars because judges have the tendency not to force agencies to reimburse FOILers' legal fees.
Kaehny, of Reinvent Albany, said he finds it unlikely that any state agency would encourage the governor to sign the legislation as they are the ones who would end up paying for fighting FOIL requests and on top of what, Kaehny asks, "Who wants to be more transparent? No one."
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by David King, Albany editor, Gotham Gazette
@DavidHowardKing
Note: this article has been updated to reflect that a "pocket veto" is not applicable in this instance.
New York City Hall
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What to watch for this week in New York politics:
Monday
On Monday, Mayor Bill de Blasio will attend the memorial service for John E. Zuccotti. At 12:30 p.m., "the Mayor will deliver remarks at NYPD's Clergy All-In Conference at One Police Plaza." At about 2:45 p.m. at the Staten Island South Shore YMCA, "the Mayor and First Lady Chirlane McCray will host a press conference to make an announcement related to substance misuse."
On Monday morning in Albany, leading experts on the New York State Constitution and the prospects for a Constitutional Convention will hold a media “boot camp.” The event will include Gerald Benjamin of SUNY New Paltz; constitutional scholars Christopher Bopst and Peter Galie; Richard Brodsky, senior fellow at Demos and former Assembly member; and Henry M. Greenberg, chair of the New York State Bar Association’s Committee on the New York State Constitution and former counsel to the New York State attorney general. “The event is sponsored by the Nelson A. Rockefeller Institute of Government of the State University of New York, New York State Bar Association, Government Law Center of Albany Law School, state League of Women Voters, Siena Research Institute and New York News Publishers Association.”
On Monday at 10 a.m. at City Hall, the push for Bus Rapid Transit (BRT) intensifies: “Public Advocate Letitia James, Council Member Donovan Richards, Council Member Jimmy Van Bramer and the “BRT For NYC” Coalition will co-host a press conference to announce increased community support for bringing high-quality bus rapid transit to Queens. The “BRT For NYC” Coalition will be represented by ABNY, NYPIRG Straphangers Campaign, New York League of Conservation Voters, Pratt Center for Community Development, Riders Alliance, Tri-State Transportation Campaign, Transportation Alternatives, Transit Workers Union Local 100, and Working Families Party. Bus riders and members of the Queens community will also be in attendance.” [Read our recent look at the issue: All Abord the BRT Express?]
At the City Council on Monday:
At noon, before the Council’s stated meeting, there will be a rally at City Hall to unveil “First-of-its-kind NYC Council legislation to be unveiled cracking down on deadbeat companies that stiff the city’s 1.3 million.” Members of the Freelancers Union, other labor reps including from the UFT and 32BJ, other activists, and several City Council members led Brad Lander, Laurie Cumbo, Rafael Espinal, Steve Levin, and Margaret Chin will hold a rally at the steps of City Hall to pass legislation protecting New York City’s freelancers. [Read our recent look at the issue: City Council Developing New Protections for Workers in ‘Gig’ Economy]
As the week begins, City Council Member Jumaane Williams is in Washington, DC from Sunday to Tuesday “attending the Joint Center for Political & Economic Studies' bi-annual Roundtable Discussion being held at George Washington Law School.” It is a conference “for a select group of 25 elected officials of color from across the nation will feature discussions regarding policy innovations.”
At the State Legislature on Monday: at 11 a.m., the Assembly Standing Committee on Environmental Conservation and the Assembly Climate Change Work Group will hold a joint hearing on climate change.
On Monday at noon, The New York City Bar Association is hosting a “Lunch and Public Policy Discussion” with Gale A. Brewer, Manhattan Borough President.
On Monday at 5:30 p.m. at Queens Borough Hall, “The Queens Borough Board, chaired by Borough President Katz, will hear details from the New York City Department of Parks and Recreation (NYC Parks) Commissioner Mitchell J. Silver, FAICP about the department’s new “Parks Without Borders” program, which aims to make New York City public parks more open, welcoming, and beautiful by focusing on improving park entrances and edges, and park-adjacent spaces.”
Monday at 7 p.m. at The New School, “Politics and Policy: The Latino Vote and The 2016 US Presidential Election” with City Council Speaker Melissa Mark-Viverito, among others, offering “a fresh examination of the role of Latinos in the 2016 election. Featuring a panel of journalists, pollsters, and political insiders, we’ll explore political, demographic and economic trends that will shape the outcome in 2016.” The event is organized by Feet in 2 Worlds, The Center for New York City Affairs and the Milano School.
On Monday at 8 p.m., city Comptroller Scott Stringer will deliver remarks "at West Side Federation of Neighborhood and Block Associations Annual Holiday Party."
Tuesday
At the City Council on Tuesday: at 10 a.m., the Committee on Public Safety will meet to discuss two bills related to New York City crossing guard deployment.
At the New York State Legislature on Tuesday:
Beginning at 8 a.m. Tuesday, a “Public Projects Forum” hosted by City & State NY will have Noam Bramson, Mayor of New Rochelle, NY; Reginald Spinello, Mayor of Glen Cove, NY; Commissioner Feniosky Pena-Mora, NYC Department of Design & Construction; and Holly Leicht, Regional Administrator, Housing & Urban Development; speak about the upcoming public projects in the tristate area.
On Tuesday at 9:30 a.m. at Queens Borough Hall, “The Queens Borough Cabinet, chaired by Borough President Melinda Katz, will hear a briefing from the New York City Police Department (NYPD) on its current counterterrorism efforts in light of recent events in this county and abroad. The briefing will include a review of new counterterrorism technologies employed by the NYPD. In addition, the Fire Department of New York’s (FDNY’s) Fire Education Safety Team will deliver a presentation on how City residents can best keep their homes safe during the holiday season. Also, the Mayor’s Office of Technology and Innovation will deliver a presentation on the implementation of the Neighborhoods.nyc domain, which has launched nearly 400 online hubs for civic engagement, information sharing and economic development.”
Wednesday
At 10 a.m. Wednesday, The Manhattan Chamber of Commerce Quarterly Chairman's Breakfast will take on the presidential transition and the need for the most carefully planned transition in United States history in anticipation of January 20, 2017. [Read an op-ed on the subject from Manhattan Chamber of Commerce Chair Ken Biberaj and David Eagles of Partnership for Public Service: Let’s Be Prepared for America’s Biggest Corporate Takeover]
At the City Council on Wednesday:
At the New York State Legislature on Wednesday:
Thursday
At the City Council on Thursday:
At the New York State Legislature on Thursday: at 10:30 a.m. in Manhattan, the Assembly Standing Committee on Election Law and the Assembly Standing Subcommittee on Election Day Operations and Voter Disenfranchisement will hold a joint oversight hearing about “Enhancing the voter experience, preventing voter disenfranchisement and improving emergency voting protocols.”
At 8:30 a.m. at Civic Hall on Thursday, Scott Stringer’s Red Tape Commission will meet in Manhattan to hear suggestions from small business owners and others.
On Thursday, the Staten Island Borough Board is expected to vote on Mayor de Blasio's two rezoning amendment proposals. It will be the fifth borough to do so - the other four have voted against them, sometimes with lists of conditions that the advisory boards would like to see made to revised proposals.
At 4 p.m. Thursday, the New York City Campaign Finance Board holds a “New to the CFB” session.
At 6 p.m. Thursday: “Power Lines: Race, Class, The City & Its Schools,” a discussion about segregation in New York City schools.
Friday and the weekend
At the New York State Legislature on Friday: at 10:30 a.m. in Manhattan, a hearing of the Assembly Standing Committee on Tourism, Parks, Arts and Sports Development regarding “Injuries in combative sports.”
Manhattan Borough President Gale Brewer is launching a Manhattan Youth Council, and is holding an initial information session on Friday afternoon at her offices. “High school students from across Manhattan are invited to meet and talk with Borough President Gale Brewer about the issues that matter most to you...Young people who live, work, or attend school in Manhattan can sign up here.”
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Have events or topics for us to include in an upcoming Week Ahead in New York Politics? E-mail Gotham Gazette executive editor Ben Max any time: This email address is being protected from spambots. You need JavaScript enabled to view it. (please use "For Week Ahead" as email subject).
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by Konstantine Beridze, Ryan Brady, and Ben Max
@GothamGazette
De Blasio & Cuomo in January, 2014 (photo: Rob Bennett, Mayor's Office)
The feud between Gov. Andrew Cuomo and Mayor Bill de Blasio escalated yet again last Friday when a spokesperson for the governor said that "the mayor can't manage the homeless crisis" and that the governor's State of the State address will feature the administration's intervention plans.
Finger-pointing continues from both sides, with Cuomo questioning de Blasio's competence and intelligence. This, after de Blasio called out Cuomo, though not by name, when making his own supportive housing announcement, signaling that negotiations on a joint city-state plan had stalled. Advocates and legislators heaped praise on the mayor and called on the governor to match his commitment to the homelessness-fighting program.
Cuomo, however, appears ready to go it alone himself, eyeing his January 6 speech, which will include an untold number of plans to outflank, undermine, and frustrate de Blasio. With nearly two years of evidence, at this point it appears to insiders in Albany and around the state that a significant part of Cuomo's policy making has become infused with his animus toward de Blasio and that it could be hurting the city.
As seen on a variety of issues from housing to policing to minimum wage, Ebola to Legionnaires' Disease, Cuomo has decided to deny the mayor's requests, co-opt an issue, or act unilaterally, while being sure to weaken de Blasio's standing.
"It's clear that the mayor can't manage the homeless crisis and the state does intend to step in with both management expertise and resources," a Cuomo spokesperson, Dani Lever, said Nov. 27. On Nov. 24, Cuomo told reporters about combatting homelessness, "To me, it's not just the money. It's more managing the city properly, efficiently, effectively, smartly, especially on this issue that causes so much pain to people."
De Blasio dismissed the criticism as "political posturing," but advocates and observers are having a hard time dismissing the latest developments in the feud. It appears now more than ever that Cuomo is deciding policy based on exacting a price from his former friend. Cuomo hasn't missed many opportunities to needle de Blasio, thwart his priorities, or use state resources to highlight the mayor's vulnerabilities.
"An outsider has got to look at this and say, 'What's with the governor?' You don't want to get into armchair psychoanalysis here, but I think you've got to get into armchair psychoanalysis," said Douglas Muzzio, professor of political science at Baruch. "And beyond that you have to ask: is this good for the city and state?"
What was once more clearly defined as policy disagreement over taxes and charter schools has morphed into something different. As the state legislative session wound down last spring, Cuomo appeared determined not to allow de Blasio any wins, even seeming to welcome only a one year extension of mayoral control of city schools - a major factor leading to de Blasio's June 30 tirade against the governor, which may have moved Cuomo to his current approach to the mayor.
"As the Mayor has said, we work with the Governor to ensure New York City's interests are protected. When they are in jeopardy, we communicate that to Albany and to city residents," de Blasio press secretary Karen Hinton told Gotham Gazette.
It appears clear that de Blasio is not particularly interested in mending fences. While he has resolved to refer more to "the state" or "Albany" than "the governor," de Blasio has shown he continues to feel disappointed with Cuomo and has not walked back his shockingly frank summer criticisms of the governor.
Some advocates fear Cuomo, offended beyond repair, is willing to throw out proven policy just to spite de Blasio, as in the case of supportive housing.
Cuomo teamed with charter school advocates against de Blasio, stood against de Blasio's plan for the 421-a real estate tax break, undermined the mayor's push for stronger housing laws, and, more recently, has threatened to cancel funding for bonds that would allow de Blasio to go forward with part of his affordable housing plan.
At other times Cuomo has sought to outflank de Blasio, or seize on perceived weaknesses. While de Blasio urged calm on Ebola and counseled that the threat was under control, Cuomo held a press conference with New Jersey Governor Chris Christie and announced they would quarantine travelers returning from West Africa.
Cuomo gave de Blasio short notice when he shuttered the subway for the first time in 111 years due to a January snowstorm. The governor criticized the mayor's response to a Legionnaires' Disease outbreak in the Bronx and sent in state officials; he inflamed tensions between de Blasio and the police union, seized on fears the city is getting less safe, and sent more state troopers to the city. The governor has taken ownership on minimum wage, something that could have easily been a joint effort.
"The governor hasn't missed any opportunity to kneecap the mayor and the only rational explanation is the Machiavellian one, that one has to kill off any potential rival," said Muzzio.
However, Muzzio and many other observers say that in most cases it isn't clear that the governor's focus on the mayor is doing any harm to the city. "It might help to have more troopers in the city. It might help for the governor to send assistance on Legionnaires'. His actions on Sunnyside Yards and charter schools could be both positive and negative. You'd have to tally the costs and benefits along a wide swath of issues," Muzzio said.
As the governor spent the summer and fall swinging back to the left, it became increasingly difficult to distinguish legitimate policy disagreements between Cuomo and de Blasio.
However, with the recent clash over supportive housing, there is now a growing unease with and distaste for how Cuomo is carrying out his political maneuvering against de Blasio. The grotesque impact the beef appears to be having on the governor's policy-making decisions is raising more and more eyebrows. Insiders say that the feud with de Blasio has even influenced recent Cuomo administration hiring decisions.
"We're really hoping they can both rise above it. We hope they are going to come together because this isn't about them, this is about the homeless," said Laura Masuch, executive director of The Supportive Housing Network of New York.
"The [hoped for New York/New York IV] agreement will last beyond these two gentlemen and it enables nonprofits and the private sector to keep doing it the same way they have for years. It would be a shame to walk away from years of commitment," said Masuch. "We are basically ready to go, there is construction just waiting on the agreement."
Assembly Member Andrew Hevesi, his chamber's chief proponent of supportive housing, echoed Masuch's concerns. "What we saw last week from the governor was spin," Hevesi told Gotham Gazette. "It was someone trying to avoid their commitment. The state has contributed to [New York/New York] for the last 20 years, every governor has been part of this including Mario Cuomo, and now it is Andrew's turn."
Hevesi said although he is used to strife between Cuomo and de Blasio this particular issue should not have been allowed to fall into the feud quagmire.
"There are 20,000 people who need help," said Hevesi of those eligible for supportive housing, adding, "Find something else to fight about."
For some insiders the current situation is reminiscent of former Gov. Eliot Spitzer's feud with then-Senate Majority Leader Joe Bruno. Spitzer was so enraged that Bruno stood in the way of his policy initiatives that he assigned state troopers to track Bruno's use of state airplanes and then used his press office to leak the findings. It led to the "Troopergate" scandal and an investigation by then-Attorney General Andrew Cuomo. Cuomo's office found that Spitzer had misused the state police for political purposes. Spitzer was roundly criticized for being so aggressive and vindictive that it actually prevented competent governing.
"We know the man has a streak, he has thin skin and tends to be very vindictive," said Barbara Bartoletti, of the League of Women Voters, about Gov. Cuomo. "It's unclear to me whether this is about turf or something personal but he certainly does seem to have a problem with the mayor. He just constantly keeps him off balance, co-opts his policy and cuts him off at the knees every chance he gets."
Cuomo hasn't been accused of misusing state assets to undo de Blasio. Instead, Muzzio said the governor is deftly using the power he has as governor to systematically weaken the mayor. That style of utilizing policy decisions to dispatch or handicap potential rivals has become part of the Cuomo brand.
"This is looking like a one-of-a-kind feud," said Muzzio with a historical perspective on mayor-governor relationships. "Just looking at the kind of range of issues over which this is being waged is unprecedented. This is hardball politics with Roger Clemens throwing at your head."
[Read: Did De Blasio's Tirade Help Cuomo Get His Groove Back?]
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by David King, Albany editor, Gotham Gazette
@DavidHowardKing