Many legislators will be glad to see the end of 2015, which will be remembered for two of New York state’s most powerful leaders, former Senate Majority Leader Dean Skelos and former Assembly Speaker Sheldon Silver, becoming convicted felons.
Through the Skelos and Silver trials we witnessed, in excruciating detail at times, what was passed off as the “normal” way business is conducted in Albany. It’s time for “politics as usual” to change.
One thing I realized during my time as a state senator: If people don’t agree there’s a problem, they will never agree on a solution.
Folks, we have a problem. Our government focuses its priorities on the needs of the wealthy and well connected to keep money flowing into campaign coffers. Any solutions to address this systemic problem must start with the leaders of the Senate and Assembly, as well as Gov. Andrew Cuomo. Their grip on power has only continued the pay-to-play system, despite their calls for reforms.
Where to begin? There are calls for closure of the so-called LLC loophole, a full-time Legislature, strict caps or outright banning of outside income, changes to campaign finance laws, stripping convicted public officials of their pension, term limits for members and leadership – all issues that should be discussed and debated. But changing these laws will take time.
However, there is something that state leadership can accomplish on day one of the new legislative session: change the rules of the Senate and Assembly and let democracy work.
New Senate Majority Leader John Flanagan insists that he is "determined to work with my fellow legislators to swiftly and completely restore the public trust.” He can start by changing the Senate rules to strengthen the role of rank-and-file members. And he must adhere to these rules, instead of ignoring them to avoid potentially embarrassing votes as his predecessor did.
Why does this matter? The Skelos and Silver trials demonstrated how the leaders in each house had amassed so much power that they controlled every step of the legislative process. Remember Skelos’ now-famous “I control everything” wiretapped conversation with his son? The leaders control committee assignments, agendas, what gets to the floor, budget handouts – in short, everything in their respective houses.
Let’s not forget the cries last session to close the LLC loophole, which allows unlimited campaign contributions from wealthy donors (like Silver co-conspirator and New York City billionaire Leonard Litwin) to flow to politicians and political campaigns. The LLC loophole does nothing but provide a vehicle for bribery.
When a minority member in the Senate demanded a vote on the LLC loophole, Senate Republicans thwarted it. Every Republican senator on the Elections Committee, including newbie Sens. Rich Funke, Kathleen Marchione and George Amedore, ignored the Senate rules they voted for and kicked the bill to another committee as if they were playing a game of “hot potato.”
It doesn’t look much better in the Assembly, where Silver ruled for more than 20 years with an iron fist, punishing members who stepped out of line and rewarding those close to him. After promising to make changes to empower more of the rank-and-file members, new Assembly Speaker Carl Heastie set up a working group to come up with changes. The group includes no minority members, has held zero public meetings and missed its self-imposed December deadline.
Many other procedural changes and ethics reforms should be made in the name of greater transparency and public integrity. The public needs to see real change and strong sunlight to make it harder for behind-the-scenes shenanigans to take place. Here are just a few, for starters:
• Set an example and give back the ill-gotten money from Leonard Litwin of Glenwood Management, who was named as a co-conspirator in the Skelos and Silver bribery and corruption trials.
• Ensure that the first meeting of the Corporations Committee includes the bill to close the LLC loophole and bring it to the floor for a vote. If that does not happen, Cuomo should call a special session and force the bill onto the floor of the Senate for a vote.
• Allow bills with a majority of members as sponsors to be brought to the floor for a vote rather than getting gummed up in a committee.
• Provide information to the public on who is lobbying for and against bills, what contributions have been made and who has received those contributions.
• End late night or overnight sessions.
• End the “three (or four) men in a room” budget talks by including the leaders of the minority parties in the Senate and Assembly.
• Provide all members with equitable budgets for staffing instead of favoring those in the majority.
We agree that the way Albany functions is an embarrassment and something must be done to restore the public trust. Actions speak louder than words. We are waiting.
Cecilia Tkaczyk is a former New York state senator for the 46th District.
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