New York Governor Paterson Announces Ethics Reform Legislation

Legislation to Create Independent, Functional and Efficient Government Ethics Commission; One Standard Will Apply to Executive and Legislative Branches of Government

May 26, 2009 -- New York Governor David A. Paterson today announced the introduction of sweeping ethics reform legislation that would create a truly independent, functional and efficient Government Ethics Commission to replace the existing Public Integrity Commission.

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“The time has come for a comprehensive overhaul of Albany’s existing ethics reforms. Today, I call on my colleagues in the Legislature to support my legislation to create a truly independent, efficient and comprehensive entity,” said Governor Paterson. “I am calling for the creation of the Government Ethics Commission to oversee both the Executive and Legislative branches of government. One standard must and will apply to all.”

“Real reform means zero tolerance for anything other than full transparency and accountability,” Governor Paterson added. “That’s why I am also announcing the creation of a Government Ethics Designating Commission, modeled on the Commission on Judicial Nomination, to attract highly qualified candidates for the Government Ethics Commission thus eliminating direct appointments by elected officials. Ultimately, this legislation will take the politics out of the ethics process and implement a merit-based system.”

This legislation calls for the creation of both a Government Ethics Commission and a Government Ethics Designating Commission, which would receive applications and recommendations and, similar to the Commission on Judicial Recommendations, would recruit applicants and conduct outreach to attract highly qualified individuals for the Commission.

The Designating Commission would be comprised of 10 members – four appointed by the Governor, one appointed by each Legislative leader, one appointed by the Attorney General and one appointed by the Comptroller. No official would appoint a majority of the members and the members themselves could elect the Commissioners only by the vote of a supermajority. With respect to the four gubernatorial appointments to the Designating Commission, no more than two could be of the same political party and one would be required to be a retired judge.

The Government Ethics Commission itself would include five members instead of the current 13 who sit on the Public Integrity Commission. A five member Commission would be more efficient and effective and emphasizes a model with no appointing official making direct appointments to the Commission. Members of the Government Ethics Commission would serve terms of five years and would themselves select the Chair of the Commission. The Designating Commission would fill vacancies on the Commission as they occur.

The Commission would have its own enforcement power, accompanied by the power to refer cases to the Attorney General. The Commission would also take over oversight and enforcement of the State’s campaign finance laws, which are currently overseen by the State Board of Elections. Such a reform will ensure vigorous independent enforcement of New York’s campaign finance laws.

As seen in 29 other states that have enacted similar oversight, the Commission would oversee the Executive Branch and the Legislative Branch and would provide an enforcement mechanism for the Open Meetings Law with respect to State agencies. One standard would apply to everyone in State government.

If passed by the Legislature, this legislation would take effect on January 1, 2010, until which the Public Integrity Commission will continue to perform its duties under the leadership of newly appointed Chairman, Michael Cherkasky.

“The Commission on Public Integrity has proved to have too many members, too many leaks, and insufficient independence. The status quo isn’t working. Serious reform is required. New Yorkers see a culture of ethical corner-cutting and special-interest influence in Albany. It doesn’t have to be that way. It is time for us to restore New Yorkers’ faith in their government,” Governor Paterson said.

Source: New York Governor