The April 25, 2011 Issue of The Capitol by The Capitol

Cuomo confronts his fatherâ&#x20AC;&#x2122;s legacy on prison reform.

Tribal leaders vow to fight back against attempts to collect taxes.

Blair Horner hangs up the leash on his watchdog job.

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VOL. 4, NO. 8

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APRIL 25, 2011

THE MORNING AFTER Passing an on-time budget was easy. Now comes the hard part. pgs. 2-8 xxxxxxxxxxxxxxx JERRY MILLER

Stain Remover A

fter months of bitter dispute, the Cuomo administration and legislative leaders finally reached a deal to strengthen the state’s ethics code. The agreement, which would require more comprehensive financial disclosure statements and ban pay-forplay, was announced just as polling showed the public’s confidence in state government at an all-time low. “I think we have the seeds of a solution,” the Senate Republican leader told a reporter.

“So much is done in secret, and there’s so much money in Albany, and such big money from special interests, it makes corruption more likely,” said the Brennan Center’s Lawrence Norden. The governor agreed, but with some caveats. “This is not a perfect bill,” he said at a news conference. “But I think the package is the best ever put together, certainly in this state — that’s beyond contest.” This happened in 1987, when thenGov. Mario Cuomo and Senate Republicans, led by Warren Anderson, and Assembly Democrats, led by Mel Miller, passed sweeping ethics reform which, at the time, was deemed by experts to be the toughest in the nation. Unfortunately, almost 25 years later, not much has changed. If anything, the problem has gotten much worse. By the latest count, 14 state elected officials have been indicted, convicted or sent to jail on corruption charges over the last decade. Meanwhile, good-government groups worry privately that the latest attempt at reform will be watered down, just as it has been in the past.

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“So much is done in secret, and there’s so much money in Albany, and such big money from special interests, it makes corruption more likely,” said Lawrence Norden, deputy director of the Brennan Center’s Democracy Program and author of several reports on the need for ethics reform in Albany. A new ethics package is in the works, with Gov. Andrew Cuomo and legislative leaders attempting to hammer out the details. But so far the debate has taken place — where else? — behind closed doors. The New York Times criticized Cuomo and the Legislature in an April 8 editorial, arguing that the public deserved to review the draft legislation before it was finalized. “Voters are rightly fed up with Albany,” the Times stated. “They are the governor’s best allies for real reform.” Earlier this month, as former state comptroller Alan Hevesi was sentenced to up to four years in prison, Cuomo released a statement reiterating his pledge to clean up Albany through the aggressive pursuit of ethics reform. But there have been conflicting statements about the status of negotiations between the governor’s office and the Legislature. Assembly Speaker Shelly Silver said in early April that he had secured a two-way deal with Cuomo on ethics reform — which would include forcing legislators with outside jobs, like Silver and Senate Majority Leader Dean Skelos, to reveal both their client lists and a narrow range (if not the exact amount) of outside earnings. But two days later, Cuomo said at a news conference that there was “no agreement until there is an agreement, a final agreement,” acknowledging that he was further along in negotiations with the Assembly than with the Senate. A spokesperson for Skelos expressed confidence that a deal would be reached soon. Silver, for one, stands by his assertion. “The speaker’s comments are sufficient,” said Michael Whyland, a Silver spokesperson, when asked to elaborate on the nature of the two-way deal. Senate Democrats, meanwhile, say they are frustrated by the lack of movement in EDITORIAL Interim Editor: Philip Lentz plentz@manhattanmedia.com Managing Editor: Andrew J. Hawkins ahawkins@nycapitolnews.com Reporters: Chris Bragg cbragg@nycapitolnews.com Laura Nahmias lnahmias@nycapitolnews.com Jon Lentz jlentz@nycapitolnews.com Photography Editor: Andrew Schwartz Interns: Ismail Muhammad, Candace Wheeler

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BY ANDREW J. HAWKINS

CAROLINO

For the third time in 25 years, Albany attempts to get ethics reform right

Client disclosure for lawmakers with outside jobs is a sticking point in both legislative chambers. their chamber. Using rules reforms passed last year, the Democrats are submitting petitions that would force hearings on the issue, even though Republicans seem content to ignore these efforts. Republicans have criticized Senate Democrats for failing to pass ethics reform when they were in the majority. To be fair, the Democrats did pass reform legislation, only to see it vetoed by thenGov. David Paterson, who argued that the measure did not go far enough. Sen. Liz Krueger, a Manhattan Democrat, said that experience last year has prepared them for the current push to rewrite the government’s ethics code. “We had our dress rehearsal, so to speak,” Krueger said. “And we know that the expectation is the two houses and the governor need to go further.” Krueger, along with fellow Democrats Daniel Squadron, Gustavo Rivera and Joe Addabbo, has introduced a package of bills that would, among other things, establish an independent commission to oversee the Legislature and the governor’s office, eliminate pay-to-play, strip convicted lawmakers of their state pensions and restrict the personal use of campaign funds. Rivera pointed out that the entire

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Republican conference had signed Mayor Ed Koch’s pledge to support ethics reform, but now seemed to be looking for a way to circumvent that promise. “They should feel embarrassed, really, that they’re not keeping that pledge,” Rivera said. Client disclosure for lawmakers with outside jobs is a sticking point in both chambers. Silver is said to be on board with Cuomo’s call for more disclosure, though Skelos has been less forthcoming about his position. However, key members of the GOP conference are known to believe that full disclosure is necessary. “I’m not against legislative leaders or rank-and-file members having second jobs,” said Sen. John Bonacic, the Senate Republican’s in-house ethics expert. “But write it down for the world to see, and show you are doing the work.” Bonacic said he hoped that corruption fatigue in Albany would eventually translate into a real reform effort. “My constituents ask me all the time what is going on up there,” he said. “I still feel stained by the stench that comes from indictment after indictment at the Capitol.” ahawkins@nycapitolnews.com

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Roy McDonald

John Bonacic Jim Alesi

Mark Grisanti

Possible Republican “yes” votes A coalition of marriage equality advocates are initiating a field organization targeting specific Republican senators who are considered movable on the issue. Grisanti’s district is majority Democrats making him vulnerable in the next election. Alesi has long been conflicted on the issue, and Sen. Bonacic is known for being a maverick. Sens. Hannon and Martins represent parts of Long Island where popular support for same-sex/gay marriage has climbed north of 64 percent in the past year. Lanza and Ball have both signaled willingness to consider voting “yes.”

Greg Ball

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Andrew Lanza

Jack Martins

Kemp Hannon

Wedding Planner Hopes soar as marriage equality enters what could be its final push, but roadblocks remain By Laura Nahmias

hen the Legislature gets back from its vacation, Gov. Andrew Cuomo will have two months to push for the passage of marriage equality in the Senate. Cuomo’s popularity is at an unprecedented high, leading gay-marriage advocates to believe that when the time comes, a marriage bill could bypass the Senate’s customary rules and head straight from its initial committee hearing to the floor for a vote — a sort of legislative superhighway advocates see as a safeguard against potential failure. “There’s a feeling the time is now for this to happen,” said one advocate involved with the governor’s strategy. A spokesperson for the governor said Cuomo planned to give the issue his full attention, which will enable him to use the momentum of his first months in office to push for the difficult legislation. Marriage-equality advocates have marshaled a well-coordinated field campaign, with more than 12 operatives in districts throughout the state, and a corps of volunteers to call legisla-

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tors. The popular support for marriage is already there, advocates said. In an unusual display of unity, the state’s five leading lesbian, gay, bisexual and transgender organizations—the Empire State Pride Agenda, Human Rights Campaign, Marriage Equality New York, Freedom to Marry and Log Cabin Republicans— have joined together under an umbrella coalition called New Yorkers United for Marriage. The groups have hired strategist Jennifer Cunningham, a close political ally of the governor, to oversee coordination of this effort. A marriage equality bill has been passed several times in the Democrat-led Assembly, but in 2009, the only time the bill has come to the Senate floor, it lost 38–24. The defeat crushed marriage advocates, who hoped that the historic but slim Democratic majority in the Senate would aid the bill’s passage. Even with the new campaign, no one is certain whether there are enough “yes” votes in the Senate to pass the bill. Only 26 Senators are confirmed “yes” votes. Six more will be needed to pass the measure. New Yorkers United for Marriage say they are focusing on three former “no”

votes who have indicated they may be unsure at present: Democratic Sens. Joe Addabbo and Shirley Huntley, and Republican Sen. Jim Alesi. Some suburban senators, and freshman senator Mark Grisanti, are also thought to be persuadable. And Sen. Tom Duane, the bill’s sponsor in 2009, has in recent months been cozying up to indicted Sen. Carl Kruger, a former “no” vote. Some advocates said Kruger has little to lose were he to change his vote, given his uncertain future in the Senate. “The thinking is, there are some people who are very, very close,” said Rich Socarides, president of Equality Matters and a former Clinton administration official. Success hinges on whether Senate Majority Leader Dean Skelos will hold to his promise to bring the bill to the floor for a vote. Skelos made a similar promise on independent redistricting, only to throw his support behind a constitutional amendment, which would delay the process by years. Ross Levi, president of the Empire State Pride Agenda, said he still thought the chances were much better than they have ever been. “First of all, I think the support of a strong governor…there’s no but after that, the support of a strong governor makes a big difference,” he said. “As we head into the final months of the legis-

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lative session, to have a historically popular governor making this one of the few issues that he’s focusing on, it makes a world of difference.” Another change is a seven-point statewide increase in the percentage of New Yorkers in favor of marriage. “The last time this issue was voted on, support was at 51 percent, and now it’s at 58 percent,” Levi said. “And in the

“There’s a feeling the time is now for this to happen,” said one advocate involved with the governor’s strategy. suburbs that are important to legislators, in districts that are important to Republicans, support goes up to 64 percent, in Long Island and Westchester.” The 2009 vote is thought to have failed in part because of lack of organization on the part of advocates. Also, former Gov. David Paterson brought the bill up for a vote earlier than senators expected. It was also the first time senators were forced to state their positions on the issue publicly. “No” votes were subsequently targeted by marriage advocates, who claim success in having removed Sens. Bill Stachowski and Hiram Monserrate, two Democrats who voted against the bill. Advocates argue that legislators risk running against voter attitudes on the issue. But failure is still a real possibility, Socarides said. “It’s not a done deal, by any means,” he said. “It will be very difficult still, and all the talent and the money in the world may not be enough to get us the five or six votes we need to get this through the state legislature.” In mid-June, Gov. Cuomo is hosting a fund-raiser featuring Priscilla, Queen of the Desert, a Broadway musical about two drag queens and a transsexual. The fundraiser is assumed to be directed at his LGBT constituents. The event reinforces the importance of marriage equality to the governor, who said in his State of the State address, “We will achieve marriage equality in the state of New York.” lnahmias@nycapitolnews.com

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Rent Wars Whether Cuomo can expand stabilization laws will hinge on Senate GOP BY JON LENTZ

n the 1980s, Andrew Cuomo launched a homeless program that was acclaimed for its innovative model of housing. In the early 1990s, he helped revamp New York City’s housing policy for the homeless. By the late 1990s, he was boosting affordable housing across the country as secretary of the U.S. Department of Housing and Urban Development. The test looming for this housing advocate, now governor of New York, is where he’ll come down on the state’s rent regulation laws, which expire June 15. “He’s no slouch on the housing issue,” said State Sen. Adriano Espaillat, who wants to strengthen the laws that stabilize rents for a million apartments in and around New York City. “We lost 300,000 units of affordable housing in the last 15 years. He knows this is an important issue for New York.” But the governor’s remarkable housing résumé is no guarantee that Espaillat and other tenant advocates will get what they want. Cuomo says he wants to expand the rent regulations, but hasn’t specified which changes he supports. In April, the Assembly, which is sympathetic to tenants, passed a bill to raise deregulation thresholds from $175,000 to $300,000 for tenant income and from $2,000 to $3,000 for rents and to limit rent

increases for new tenants to 10 percent. The Republican Senate, which generally represents landlord interests, opposes the bill, and Cuomo has yet to

Doug Muzzio, a professor of public affairs at Baruch College, guessed that Skelos will be the first to blink. Since rent laws are a New York City issue, they are less important to upstate Senate Republicans. “If Shelly’s in favor, and we can presume on the policy sense that Cuomo is in favor, it leaves Skelos,” Muzzio said. “And I believe Skelos can be had.” Joseph Strasburg, president of the prolandlord Rent Stabilization Association,

“If Shelly’s in favor, and we can presume on the policy sense that Cuomo is in favor of it, it leaves Skelos,” Doug Muzzio said. “And I believe Skelos can be had.” say where he stands. All sides expect rent regulations to be extended, but whether they’ll be strengthened, and if so by how much, could very well hinge on the fate of other major issues before the Legislature this spring. Stronger tenant protections are a high priority for Assembly Speaker Sheldon Silver, who has attempted to link them to the governor’s proposal for a 2 percent property tax cap—a proposal that has already passed the Senate. Silver has also raised the possibility of using the revival of New York City’s 421-a tax incentive program, which lapsed in 2010, as a bargaining chip with developers to get the Assembly rent bill through the Senate. But observers expect the issue will ultimately be decided in negotiations between the governor and Senate Majority Leader Dean Skelos, a staunch landlord ally.

told landlords in March he was worried that Skelos might give ground on the rent regulation issue to get the governor to soften his demand for independent redistricting, which could jeopardize the Republicans’ Senate majority. “Is this governor prepared to use that club over their heads and tell them that unless you play ball with me, I’m going to legislate you out of existence?” asked Strasburg, whose comments were captured in an unauthorized video. “I don’t know what he’ll do.” Strasburg singled out for criticism a provision in the Assembly bill that would re-regulate market rate units that were deregulated due to vacancy decontrol since 2007. The powerful Real Estate Board of New York, which has closer ties to the governor than Strasburg’s landlord group, wants rent regulations renewed in their current form, said Michael Slattery,

The 2011 fight over rent stabilization Assembly Democrats link stronger rent regulations to a proposed property tax cap, an idea rebuffed by Republicans and real estate leaders. Democrats also propose reviving the 421-a tax break for developers as a bargaining chip. Jan. 9

Jan. 10

Gov. Andrew Cuomo insists a property tax cap and rent regulations are separate issues.

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Jan. 31

Feb. 24

The State Senate passes a law capping property tax growth at 2 percent.

Cuomo changes course, saying rent regulation and a property tax cap are “connected” and could be in the budget.

New York City Democratic legislators send a letter to Cuomo calling for rent control measures to be in the budget. March 15 Housing advocates and Democratic lawmakers launch a campaign to extend rent laws “in the budget!”

Mid-March

March 17

REBNY President Steven Spinola says he is open to raising the $2,000 rent threshold to deregulate vacant apartments.

Cuomo backpedals, saying the tax cap and rent control are “too complicated” for the budget, but adds he will push for extending and expanding rent laws.

March 21

March 22

Senate Majority Leader Dean Skelos nixes rent control in the budget, saying that simply extending the law would be appropriate and that “rent control is not until June 15th.”

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a REBNY senior vice president. But in mid-March, REBNY President Steven Spinola told the Wall Street Journal that REBNY would consider supporting a hike in the $2,000 threshold on vacancy decontrol if it were part of a broader compromise—which some believe could include renewal of the 421-a program. “Unfortunately, the Real Estate Board of New York is more interested in development than they are in residential,” Strasburg told landlords. “So they sent a signal…where they indicated that they were willing to negotiate on rent stabilization. And this is probably done in concert with the governor’s office.” Slattery insisted that his organization wants to renew the current regulations, since the gradual deregulation approved in the 1990s has opened the door for more capital investment in existing housing and improved the city’s housing quality. “Certainly (Cuomo’s) association with REBNY and with real estate developers in New York may have generated some sympathy for the demonstrable costs of doing business in this sector,” said David Birdsell, a professor of public affairs at Baruch College. “There’s no question that landlords are under pressure, and want to take advantage of a rising market.” Yet Espaillat, who met with the governor the morning the Assembly passed its bill, came away optimistic that Cuomo would broker a deal favoring tenants. “He’s already set the tone by doing the budget early. He’s pretty much invested in strengthening the rent laws,” Espaillat said. “I think the governor rolled up his sleeves and he’s ready to rock and roll.” jlentz@nycapitolnews.com

In an unauthorized video, Joseph Strasburg explains that his pro-landlord Rent Stabilization Association shored up support by supporting Republicans like Skelos. March 23

April 1

The budget is passed with no rent regulations.

Rent regulations are set to expire.

April 11

June 15

The Assembly passes bill to renew and strengthen rent regulations. Democratic state Sen. Adriano Espaillat predicts Senate passage in May.

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Relief Picture

New York Needs Smart Energy Policy

In debate over mandate relief and property-tax cap, no clear answer on priorities

By Michael Durant

By Kara Bloomgarden-Smoke

While the media continue to report that the economy has slowly embarked on a comeback, small business owners in New York State are still holding their breath and treading water. Owning and operating a small business in New York has never been easy, even during so-called “boom times.” The era of $4.00 gasoline is particularly difficult.

hen Gov. Andrew Cuomo announced the formation of the Mandate Relief Redesign Team in January, many were hopeful that outdated mandates on local governments would finally be overturned. Without changes to the state-imposed unfunded mandates, many contended that the governor’s property-tax cap—a cornerstone of his election campaign—would be impossible to implement. However, almost four months later, no real progress has been made on reforming the mandates, and Cuomo is pushing harder than ever for a property-tax cap. The prevailing view is that without mandate reform, communities will either find ways to bypass the tax cap or be forced to decimate services. “If there is not significant relief, it will be extremely difficult to live within the tax-levy cap proposed by the governor,” said State Sen. Andrea Stewart-Cousins, a Democrat from Yonkers and a member of the redesign team. E.J. McMahon, director of the conservative Empire Center for New York State Policy, argues the reverse: that a property-tax cap needs to be passed before mandate reform is instituted. “Mandate reform is essential, but without the property-tax cap, it is putting the cart before the horse,” said McMahon. “There is not enough pressure to pass mandate reform unless the property-tax cap is passed first.” McMahon predicts that a strict property-tax cap, if it is approved in the form Cuomo has proposed, will ultimately lead to mandate reform. The 27-person Mandate Relief Redesign Team is made up of a combination of business and labor interests and elected officials from both sides of the aisle. Larry Schwartz, senior aide to the governor, chairs the team. On March 1, the team released a preliminary report of initial findings outlining what critics allege were extremely obvious and basic issues with the existing mandates. According to sources, the report was written by the governor’s office and

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N.Y. Governor’s Office

The governor’s Mandate Relief Redesign Team (seen here at its April 4 meeting) is dealing with mandates that have a major economic impact but are also the most politically charged. left members of the team little time to look it over before its release. “There was a short time frame between when we saw it and when it was released,” said StewartCousins. “But it is a synopsis of what was being discussed.” Some members say more should have been accomplished in the four meetings that have occurred to date, and that the mandates discussed so far are not the actual problem. “So far we have been focusing on mandates that aren’t significant enough financially,” said Peter Baynes, executive director of New York Conference of Mayors and a member of the redesign team. The mandates with the steepest economic impact are also the most politically charged, such as the Triborough Amendment, a provision of the state’s Taylor Law that allows unions to operate under an expired contract while a new contract is negotiated. Many feel these mandates were largely absent from the preliminary report released in March. “Politically delicate issues such as workforce mandates lead to push-back from labor unions,” said Baynes. Union interests say they are trying to protect existing mandates that serve a need. “There are two parts that are being looked at — why the mandate exists, and, if it is necessary, who will pay for it,” said Karl Korn, a spokesperson for New York State United Teachers, which has two members on the team. “Localities are looking at ways to trim costs,

but mandates were put in place for a reason.” According to McMahon, the composition of the team leans toward business interests. “Even if we assume that every Democrat is in the unions’ corner, it is still weighed more towards the business leaders,” he said. Earlier this year, a different redesign team was assembled to tackle Medicaid, an example often invoked when discussing mandate reform. “This brings all the stakeholders together like we did with Medicaid, which was so successful,” said Josh Vlasto, a spokesperson for the governor. The Medicaid Redesign Team, which included different healthcare interests, is largely credited with helping get the budget passed. Outside the governor’s office, though, the two teams are discussed more in terms of contrasts than comparisons. “This is a different type of approach than Medicaid, because that was within the context of getting the budget passed,” StewartCousins said. “With mandate relief, there are so many reasons for different mandates that impact so many different institutions.” It is unclear whether the mandate-redesign team will propose effective reforms. “Ultimately the governor will decide if he is really for mandate relief. And we will decide if he is too,” said McMahon. “No matter what, it should be an interesting few months.” editor@nycapitolnews.com

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We all know that New York State has some of the highest taxes in the nation. What you may not know is that New York State also has the third-highest electricity costs in the nation. Combine this with endless mandates on small business and New York’s byzantine maze of endless regulation. It’s easy to see why small business has demanded action at the state level. Governor Cuomo is off to a strong start, but much work still needs to be done. Electricity rates are among the top ten issues confronting small businesses. While there are many business conditions beyond the control of officials at the state level, there are measures that our state leaders can take to create an energy policy that protects the environment but also helps grow the economy. First, the state legislature needs to pass a new power plant siting law. The old Article X statute expired in 2002. Without such a streamlined measure in place, investors will continue to be reluctant to invest in new power generation within the Empire State. As an unintended consequence, New York business has long been forced to depend on older, less efficient and more costly power generating systems. A new, comprehensive and fuelneutral power plant siting law would lend itself to more efficient electrical generation, invite the growth of renewables, stabilize electricity costs and create thousands of good-paying jobs that will unleash a positive ripple effect on local economies. It’s a true “win-win” for all New Yorkers. New York’s small businesses, which drive our state’s economy, continue to face challenges. Our elected officials can help by developing a sound and sensible energy policy that increases supply and lowers the cost of doing business here. Michael Durant is the Acting New York State Director of the National Federation of Independent Business (NFIB), New York’s leading small business advocacy organization representing approximately 10,000 New York State businesses. S P E C I A L

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New York AREA’s membership includes some of the state’s most vital business, labor and community organizations including the New York State AFL-CIO, Business Council of New York State, Partnership for New York City, New York Building Congress, National Federation of Independent Business and many more. W W W. A R E A - A L L I A N C E . O R G

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criticism, according to sources close to the budget process. Instead the Legislature agreed to allow the governor to have the final say on closures. So only Cuomo will shoulder the blame. “We trust the governor’s judgment,” said Scott Reif, a spokesperson for the Senate Republicans.

“That was the first time I’d ever seen a mainstream politician take that stance on this issue,” Bob Gangi said. “Andrew Cuomo took this very stark position trashing that practice.”

Mario Cuomo opened 20 upstate prisons during his tenure. His son is determined to shut some of them down.

Course Correction With prison closures, Cuomo confronts economic challenges, and his father’s legacy By Laura Nahmias

rime used to be a formidable political force in New York State. In the ’80s and ’90s, the prison population boomed from 21,000 inmates to 71,000, filling gymnasiums and rented spaces faster than the state could build prisons to house them. But in the last 15 years, momentum has shifted in the opposite direction. The War on Terror has largely supplanted the War on Drugs. Reform of the Rockefeller-era drug laws and increased reliance on alternative rehabilitation strategies have helped shrink the prison population to 58,000. A governor’s stance on the death penalty is no longer a make-or-break position. The outrage has dissipated. The shift is what makes it politically possible for Gov. Andrew Cuomo to attempt to dismantle, brick by brick, his father’s legacy of prison expansion in New York. The governor wants to eliminate 3,700 prison beds to save the state $72 million. Shuttering unused facilities may be fiscally sound, but the issue also seems to

April 25, 2011

be one of personal import for Cuomo. Shortly after the election, Cuomo made trips to both Sing-Sing and the Tryon Juvenile Justice Facility. He recalled for reporters the first challenge his father, Mario Cuomo, faced in office: quelling an inmate uprising at Sing Sing. As he gave his State of the State address, the trip to Tryon, as well as the memory of his father’s legacy of building prisons, seemed to weigh heavily on him. “If people need jobs, let’s get people jobs,” he said. “Don’t put other people in prison to give some people jobs. Don’t put other people in juvenile justice facilities to give some people jobs. That’s not what this state is all about, and that has to end this session.” Bob Gangi, former executive director of the New York State Correctional Association, a prison-reform advocacy group, was impressed. “That was the first time I’d ever seen a mainstream politician take that stance on this issue,” Gangi said. “Everybody knew that these prisons were upstate to provide jobs up there. All the governors who opened prisons went along with that, because prisons benefited upstate

Republican senators. Everybody played ball, and Andrew Cuomo took this very stark position trashing that practice.” The elder Cuomo was responsible for opening 20 prisons during his time in office, funded largely through bonding from the state Urban Development Corporation, because he could never get the Legislature to agree to fund them. The prisons themselves became the economic bedrock of the upstate communities where they were sited. Often these were the only communities willing to accept such facilities. New York City and the surrounding suburbs were located closer to most inmates’ homes, but their residents feared the impact of maximumsecurity prisons on property values. The former governor balanced his opposition to the death penalty with a hard line on sentencing. He even touted prison growth in his reelection ads. “He was not alone,” Gangi said. “The Democrats were as enthusiastic supporters of hard-line policy and prison expansion as any conservative Republican.” This time around, the younger Cuomo will decide which prisons to close. In his original budget, the governor proposed creating a task force made up of legislators and experts to recommend which prisons to close. But the task force would have left lawmakers vulnerable to

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The governor has a year to recommend closures. For the remainder of this year, the Legislature agreed to temporarily suspend a 2002 law requiring a mandatory year-long waiting period and legislative approval prior to closures. The law was passed after union officials and legislators noticed Corrections Department officials quietly lowering the number of beds in state facilities. Cuomo still faces opposition to closures from the New York State Corrections Officers and Police Benevolent Association (NYSCOPBA) and from senators wary of the impact of the closures on the fragile upstate economy. NYSCOPBA president Donn Rowe is concerned the closures will put more strain on officers. While the number of nonviolent drug offenders going to prison has gone down, Rowe said, the number of hardened criminals has not. “Basically the inmate population isn’t classified or spread out properly,” he said. “To cram these inmates into medium security facilities at 100-percent capacity is definitely going to be a dangerous situation.” To calm upstate senators, Cuomo pledged to make grants of up to $10 million for districts impacted by prison closings to offset any economic damage. And he promised to keep certain facilities, such as Ogdensburg in Sen. Patty Ritchie’s district, open regardless. Cuomo’s prison-closure strategy comes at a time of major shifts in attitudes toward incarceration. Downstate senators have helped lower any potential liability for prison closures by advocating for them on their own. The governor also has an ally in Attorney General Eric Schneiderman, who made reforms to the criminal justice system a priority while he was a state senator. “What Cuomo is doing is historically unprecedented,” Gangi said. “If we’re talking about historical ironies, this is it. New York, which historically kicked off the trend in expanding prisons, is now exercising leadership in reversing it.” lnahmias@nycapitolnews.com

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SAGE Advice Cuomo launches state’s first reorganization study in over 80 years

ov. Andrew Cuomo last week ramped up his bid to streamline state government, naming a roster of CEOs, consultants, politicians and union leaders to develop a detailed reorganization plan in just over a year. The Spending and Government Efficiency (SAGE) Commission is charged with identifying overlapping or outdated agency functions and ways to improve operational efficiency. It will submit a final plan on June 1, 2012, at which point the Legislature will have 30 days to approve the recommendations before they can go into effect. Paul Francis, the former state budget director and commission co-chair, has already identified a handful of consolidations included in the recently passed budget, including a merger of the insurance and banking departments into a new Department of Financial Services. Those consolidations are slated to save more than $50 million this fiscal year, and will help the governor reach his goal of eliminating 20 percent of the roughly 1,000 state agencies, authorities, commissions and various other bodies. What will be more difficult than simply consolidating agencies is cutting costs, said Carol Kellerman, president of the nonpartisan Citizens Budget Commission. The Cuomo administration has not announced any cost-saving target. “It’s going to need not just creativity but determination to actually make things happen,” Kellerman said. “It’s really going to depend on what specifically you consolidate. It could make an impact if it’s done properly, but it’s probably going to take more than one year.” Cuomo has filled his commission with business leaders with private-sector experience finding cost-cutting solutions, experts on redesigning government and other stakeholders. Joining Francis as a co-chair is Antonio Perez, CEO of the Rochester-based Eastman Kodak Company. Cuomo highlighted Eastman Kodak’s transformation to a digital company under Perez’s leadership. Others named to the group include Denis Hughes, president

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of the New York State AFL-CIO; Andrew Spano, the former Democratic Westchester County executive; and Michael Balboni, a former Republican state lawmaker who works as a public safety consultant for local governments. State senators Greg Ball and Liz Krueger will join Assembly Member Jane Corwin as three of the four lawmakers on the commission. Another Assembly member will be named to replace RoAnn Destito, who is joining the Cuomo administration.

Kyle Hughes/nysnys.com

By Jon Lentz

Paul Francis, the former state budget director and commission co-chair, has already identified a handful of consolidations that were included in the budget. A number of the members selected by the governor contributed to his gubernatorial campaign. CEO Barry Gosin of Newmark & Company Real Estate gave $35,000; his wife contributed over $37,000. Several organizations represented, such as the AFL-CIO, IBM and Eastman Kodak, have also spent tens of thousands of dollars lobbying the state government, according to a NYPIRG review. Some questioned the commission’s business-friendly roster. “Obviously this is a diverse group of people, but there is a real business orientation to it,” said Steven Madarasz, a spokesperson for the Civil Service Labor Council, a public employee union. “Government is not a business, at the end of the day. We hope there is some broad-mindedness in this, not just a tunnel vision.” Yet observers are generally optimistic that the commission’s broadbased and inclusive approach will replicate the governor’s success

with the Medicaid Redesign Team, which found acceptable ways to cut medical costs in the budget. “You’re not hearing anybody screaming that the budget is going to close hospitals or destroy people’s lives or throw sick people into the street,” said State Sen. Diane Savino, a member of the Independent Democratic Conference, which recently submitted a report on consolidation and costsaving suggestions to SAGE. “If it has the same or a similar approach, it can be very successful.” For the first time since the late 1920s, the governor will take a broad look across all of the state’s agencies in a reorganization effort. “The way that this administration is going about it is very methodical, and there’s a real effort to make a business case for major changes in agency structures,” said Robert Ward, deputy director of the Rockefeller Institute, which is assisting the governor. “In that sense, it really is the first time that such an in-depth review has been undertaken since the days of Al Smith.” Other states have reorganized their governments in recent years. Since 2009, at least 17 states have consolidated or eliminated agencies identified as duplicative or nonessential, according to the National Governors Association. Michigan Gov. Jennifer Granholm called for reducing her state’s 18 agencies to eight in 2009, and this year she combined the state’s management and budget agency with its informationtechnology department. In New Jersey, Gov. Chris Christie eliminated 60 nonessential boards by executive order in 2010. Minnesota and Wisconsin have even explored sharing the costs of certain services. Washington, California and Iowa have focused on combining IT and back-office operations, which New York lawmakers have also raised as a potential cost-saver. “A lot of it is back-office stuff,” Savino said. “Every agency is topheavy on back-office operations, whether it’s the department of corrections or OCFS or any of the agencies.” Relying on new technology to improve efficiency is a likely recommendation, given the involvement of such commission members as Cablevision Industries’ founder Alan Gerry and Robert Samson, who oversaw IBM’s efforts to bring new technology to government. The on-the-ground assessment work will be conducted by agency employees and the state’s budget office. jlentz@nycapitolnews.com

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41 Years of Earth Day By Dr. Patrick Moore There is no question that environmental progress has been made in the 41 years since the first Earth Day, but we still have a long way to go. With challenges including our over-reliance on fossil fuels and the impact of poor air quality, it is crucial that we balance environmental concerns with the need to foster a sound economy. Since the catastrophic earthquake and tsunami in Japan caused a serious event at the Fukushima nuclear plant, workers supported by experts around the world have fought heroically and effectively to bring the situation under control there. Meanwhile, there have been calls by extremists to abandon nuclear power globally - and locally to close down Indian Point. As an ecologist who has worked on sustainability issues for four decades, I can assure you that closing Indian Point would be a serious environmental and economic disaster. Nuclear energy has proven to be an important technology for balancing both of these sometimes conflicting interests. For New York, Indian Point has been a safe, affordable and reliable source of electricity for decades. It provides 12 percent of New York State’s electricity and up to one third of New York City’s power, and is virtually emissions-free. Westchester, Rockland and Orange Counties have been designated by the U.S. EPA as non-attainment areas for fine particulate matter. That means the air quality of much of the New York area are in violation of federal standards. The American Lung Association’s 2010 State of the Air Report also notes that Queens and Manhattan are tied for the second dirtiest air for particulate pollution. The Bronx is number one. Suffolk had the dirtiest air when measured for ozone. All of this is unacceptable. The loss of Indian Point from New York’s power infrastructure would lead to higher carbon and toxic emissions in an area that can ill afford it. Indian Point reduces CO2 emissions by 14 million tons annually. Replacing Indian Point with four to five big natural gas plants would only add to the region’s toxic pollution and airborne particulates—both linked to asthma and respiratory illnesses. Recent events in Japan have rightly placed the safety of nuclear energy in the spotlight, but the comparisons to New York are disingenuous. There will be no tsunami on the Hudson River. In terms of safety, Indian Point is arguably the most scrutinized nuclear power plant in the country, and is vital to maintaining New York’s environment and economy. Dr. Patrick Moore is the co-founder and former leader of the environmental advocacy organization Greenpeace and is Chair and Chief Scientist of Greenspirit Strategies, based in Vancouver, British Columbia. He is an advisor to the New York Affordable Reliable Electricity Alliance (New York AREA). S P E C I A L

S P O N S O R E D

S E C T I O N

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Up In Smoke

New York State Thruway with burning tires to protest Gov. George Pataki’s attempts to collect taxes. Porter’s tribe is the largest seller of tax-free cigarettes in the state. “In times of tranquility, that’s when leaders should be talking,” Porter told Dicker. “If there’s no interest, and we’re going to just let the courts decide our fate for us, then I guess we’ll just roll the dice and see what happens.” He added, “I can assure you, just based

Despite Cuomo’s vow to collect Indian cigarette taxes, few are counting on the revenue

“I can assure you, just based on the Seneca perspective on this, our people are simply not going to give up our treaty rights easily,” Seneca leader Robert Odawi Porter said.

By Jon Lentz

ooking out from his home in Cayuga County, Assembly Member Gary Finch can see the line of cars at the Native American convenience store where people come from miles around to stock up on tax-free cigarettes and fill their tanks with cheap gas. The scene reflects New York’s decades-long inability to tax products that Indian retailers sell to their nonIndian neighbors, which could cost the state an estimated $130 million in state cigarette taxes this year. The dispute is on hold for now, since a 2010 federal court injunction prevents New York from collecting the taxes. The state asked for the injunction to be lifted, but people on both sides say they have no idea when the court will rule. Finch says he is frustrated after years of legislation and litigation but little action. He fears that even if the injunction is lifted, the governor’s office will avoid conflict by simply letting the Indians keep ignoring the tax laws he helped pass. “The injunction is there now, and I think that’s, quite frankly, convenient, to be able to say, ‘No, we have an injunction, so we don’t have to do it,’” Finch said. “The executive branch knows full well they’re not going to collect it.” Gov. Andrew Cuomo has vowed to collect taxes on Indian reservations, which would complete a legal battle he started as attorney general, on the heels of similar efforts dating back to the administration of his father, Mario Cuomo. The state fully expects to collect the $130 million, according to the Division of the Budget. But even those who support taxing Indians are doubtful that a single penny will be pried away and deposited in the state’s coffers. “Our experience with this issue over the past 20 years has taught us to approach it with a mix of hope and skepticism,” said James Calvin, president of the New York Association of Convenience Stores, which supports the tax plan. On one side of the dispute are nonIndian store owners located near reservations, who say they face unfair competition. They are joined by elected officials who worry about making up the lost tax revenue and stopping illegal bootlegging,

April 25, 2011

Seneca Nation

Porter, who was elected president of the Seneca Nation the same day Andrew Cuomo was elected governor, has called for a dialogue on cigarette taxation, but warned that his tribe will defend their sovereignty. a by-product of the tax-free Indian smoke shops. “Small businesses lose, state and county governments lose revenue, and public health is negatively impacted because the public health policy behind taxing cigarettes at such a high level is defeated,” Calvin said. On the other side are the Indian tribes,

who say New York’s imposition of taxes violates their sovereignty and longstanding treaties. Robert Odawi Porter, who became president of the Seneca Indian tribe this year, told Fred Dicker in a recent radio interview that he hoped the state could avert the showdowns of the 1990s, when Seneca Indians blocked portions of the

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on the Seneca perspective on this, our people are simply not going to give up our treaty rights easily.” Responding to noncompliance and court challenges, state lawmakers passed a law in 2010 setting a quota for cigarettes that Indians can sell to their population tax-free. Any additional cigarettes would have an extra fee, which the state would gather from wholesalers. However, the injunction has kept the state from enforcing the law. If the money doesn’t come in, the budget division will adjust for it in the quarterly revisions to its financial plan. The $130 million in revenue is a fraction of the $88 billion operating budget. “There’s so many ups and downs in the whole gamut of revenues and expenditures that this is a manageable piece of the overall picture,” said Jeffrey Gordon, a spokesperson for the Division of the Budget. Assembly Minority Leader Brian Kolb said he expects Cuomo to enforce the law if it is upheld in court. Kolb also said he is concerned about the state land that Indians are purchasing with their profits, since the federal Bureau of Indian Affairs could decide to put the land into trust and remove it from the property tax rolls. “It’s almost not even about the money; it’s about what’s supposed to be right according to law,” Kolb said. “I don’t think Cuomo would do this because it’s a money grab, that’s for sure.” The tax-free cigarettes are popular with local residents, who flock to convenience stores for the bargain prices, Finch acknowledged. Though he lives a short distance from a tribal convenience store, he hasn’t given them any business, and never will. “If I ever ran out of gas in front of that gas station,” he said, “I’d have to hitchhike to Auburn.” jlentz@nycapitolnews.com

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healthcare issue spotlight: TRANSPORTATION and Infrastructure issue spotlight: Environment

Point/Counterpoint

Before last year, hydrofracking was an obscure drilling practice few knew about. Now it’s officially entered the lexicon as a front-burner asked issue for state officials. Of course, there are a host of other environmental issues to consider this year, as well. Mark Grisanti, chair of the Senate Environmental Preservation Committee, and Robert Sweeney, chair of the Assembly Environmental Preservation Committee, to size up the various issues to see how their answers stacked up against each other. Mark Grisanti: There’s so many issues that are

Robert Sweeney

coming out. There’s the water-withdraw bill. There’s the ballast-water situation between the Great Lakes and Canada. Matter of fact, I just had a meeting with the Canadian consulate over the telephone. There’s the test results coming back from DEC regarding hydrofracking. Although Marcellus shale isn’t something that’s readily found in my district or really close to western New York, it’s something in central New York and other areas that could be important for economic development. But as I said in my meeting yesterday, I’m not going to be the senator that destroys the water, but I also don’t want to be the senator that holds up any economic development that could be handled in New York State.

Robert Sweeney: I think the major issues are going to be hydrofracking and various bills and issues that relate to hydrofracking. Second would be public awareness about the Environmental Protection Fund, in particular a bill we have on that subject. And the third general area, and there are multiple bills on this, will deal with the safety and toxicity of consumer products, including children’s products.

Grisanti: As I said to [DEC] Commissioner Joe Martens, I think the cuts have been tremendous. Literally not only depleting his staff and individuals for regulations on permits and wetlands and different regions across the state, but also the DEC police have been affected.

Sweeney: Well, you know, the cuts to DEC, to the agency, continue to be a significant problem in terms of the ability of DEC to carry out its responsibilities. The EPF, on the other hand—the Environmental Protection Fund—was not proposed to be cut, and was not cut. We certainly appreciate the governor recognizing it’s taken a big hit over the last couple of years, and he didn’t ask any more of the EPF this year, so we appreciate that and were able to complete the budget without seeing any further cuts to the EPF.

Grisanti: Martens has been here as long as I have. But he has the experience, a lot more than I do, with regard to when he was with the Open Space Institute, and other areas. I think he’s someone that’s very open-minded and willing to listen, and I think he’s somebody that wants to get rid of the regulations that are specifically crippling any sort of job development or the tools to create jobs. I don’t think he wants to have that burden. I think he wants the DEC to be friendlier to businesses and not be an over-extreme regulator.

problem that I have is that they have regulations that are going to be implemented or take effect where there’s no technology to even do the regulation. So I would just ask my fellow colleague to keep an open mind. No one’s here to hurt the environment, but at the same time, you don’t want to hurt business and creation of business and jobs in this region. Because, you know, we’re losing people every day, and the environment’s important, but keeping people in New York State and having this economy going is also important.

Sweeney: There’s a new chair of the Environmental Conservation Committee in the Senate this year, and, you know, so far he and I have Mark Grisanti had a good working relationship, and I hope that continues. I hope we can continue to focus on substantive issues. And at the end of the session have something, have an environmental agenda that passes both houses and that we can be pleased to go out and talk to our constituents about.

Grisanti: The tests results that the DEC’s talking about [for testing hydrofracking] are now pushed out into July, is my understanding. As I said, I’m one of these individuals—as a background, I’m an attorney—and, being an attorney, let’s look at, really, what the facts are and what the test results are showing. I mean, they’re being done by independents, as far as not being one way or the other. There’s consultants, there’s results that will come in. So I would have to wait for those results.

Sweeney: [How fast the results come] depends on a lot of things. DEC, of course, is still working on the SGEIS [draft Supplemental Generic Environmental Impact Statement], and that’s going to probably take them at least through the summer. And I hope—I would ask them to provide ample opportunity after that for the public to review and comment. I think there should be additional hearings, and we’ll see at that point where the governor is coming from on the issues. So I think and I hope that we still have a way, because I continue to believe that as time goes by, and we learn more and more about hydrofracking and things that are happening in other states, it just drives home the point that we need to be safe rather than sorry. Grisanti: I think [Gov. Andrew Cuomo] appointed a good commissioner, and

Sweeney: Joe, you know, comes in with a tremendous background. I’ve had the

I think that if the funds were there, he probably would have restored additional funding to the DEC. You gotta remember: You have the sportsmen, the fishing, the gaming that’s going on here, that bring a tremendous amount of revenue into this state. I’m glad that they kept the funding, the EPF funding, at the same level. That’s very important for all of New York State. I also think that Governor Cuomo is concerned about the environment. I think that he understands the industry of, as I said, fishing and gaming—that it brings in revenue to the state.

opportunity to work with him in the past, in his various capacities, and I have a lot of respect for him.

Sweeney: Well, probably hydrofracking is, [what will define Cuomo’s performance

Grisanti: [Assembly Member Cahill], I don’t know how long he’s been here, but basically I would ask him to keep an open mind—to talk about the issues, discuss the issues. You take an issue like the ballast water and that problem that’s going on right now. The

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on environmental issues]. Hydrofracking has the potential to have an enormous impact on this state, going down the road, in every way, shape and form—both environmentally and financially. And so it looms large as an issue both for this moment and down the road. April 25, 2011

ISSUE SPOTLIGHT:

ENVIRONMENT

Sound-bites Brian Sampson, executive director, Unshackle Upstate There’s an overwhelming misconception that business doesn’t care about the environment. That simply isn’t the case. We believe that we can and should create private-sector jobs while maintaining the quality of our natural resources. But continuing to hold up economic activity due to environmental concerns may end up, in the long run, pitting the sides against each other. And if that occurs, nobody wins. The potential economic impact of the Marcellus shale has been overshadowed by fear and misinformation. When allowed to move forward, Marcellus-shale activity has the potential to generate more than 15,000 jobs over the next four years (2010 American Petroleum Institute). During that same period, state and local governments would realize roughly $283 million in tax collections, while participating landowners would receive approximately $846 million. Between the economic evidence and the outstanding safety track record that New York’s energy developers bring to the table, the Marcellus shale represents a tremendous economic opportunity that should be developed as soon as possible. New York has a rich history of protecting the environment, and we can continue to do so while at the same time creating private-sector jobs for our residents.

DEPARTMENT OF ENVIRONMENTAL CONSERVATION

BY THE NUMBERS

$440

million

Paul Gallay, executive director, Riverkeeper An immediate issue is hydrofracking for natural gas and ensuring that the proper regulations, budgets and staffing are in place at the New York State Department of Environmental Conservation (DEC) before any drill hits the ground. To that end, in the wake of the crippling budget cuts to the DEC, we need to keep the state’s feet to the fire on Clean Water Act permiting and enforcement. The Hudson is much cleaner than it was before the Clean Water Act in 1972. But water quality in the Hudson is still significantly impacted by sewage—on average, almost a quarter of our samples fail to meet federal water-quality standards for primary contact. That equals about one -and-a half days out of the week where the water isn’t recommended for swimming. Right now there is no discussion at the state level about making the public aware of the quality of the water they recreate in. We want the state and county governments to enact “Sewage Right to Know” Legislation so they will be responsible to provide data that will let all of us use the river without worry. This will lead to repairs and improvements to sewage-treatment infrastructure, a major cause of the ongoing pollution in our river.

APRIL 25, 2011

million

Enacted DEC Operating Budget

3,003 Full-time Equivalent Positions

Rob Moore, executive director, Environmental Advocates of New York New York is at the center of the national debate about the dirty-gas drilling called hydraulic fracturing, or “fracking.” New York is the first state to call a time-out on fracking in order to protect our water and communities. Until the gas industry proves it can be a better steward of our resources than it has been in other parts of the country, and until New York has adequate regulations and staff to oversee fracking, it cannot be allowed. Because in Pennsylvania and elsewhere, fracking has poisoned water and resulted in toxic chemical spills. We’re encouraging state leaders, with the help of the New York Water Rangers, to put the health of our water ahead of shortterm dirty-gas profits. Reducing New York’s share of the pollution that is changing our climate is arguably our biggest environmental challenge, and one that’s not getting the attention it deserves. With Congress’ failure to pass climate legislation, Governor Cuomo should follow through on campaign promises to make New York an example for the rest of the country. The governor understands that New York’s economy will benefit from action to reduce climate pollution, thanks to growth among businesses in the clean-energy and clean-technology sectors: the same sectors we’ll rely on to achieve energy independence and cut pollution.

$950

Budget Recommended by the Executive Budget (2011–2012)

$12.7

million Size of Environmental Facilities Corporation Budget

897 Number of Superfund Sites

85 Number of Wildlife Management Areas

138 Job Cuts Made Last Year

$120

million Superfund Budget

SOURCES: DEC, EXECUTIVE BUDGET

Marcia Bystryn, president, New York League of Conservation Voters Clean energy is one of the most critical issues facing New York right now. Investment in and support for renewables and technological innovation will not only combat climate change and insulate against rising energy prices; a vibrant cleanenergy sector can fundamentally transform New York’s economy and create much-needed jobs. From mass transit to waste-water treatment and the electric grid, the lack of investment New York and Washington are making now will have long-term (and potentially expensive) consequences for the environment. Moreover, the game has changed around the funding of our parks; forging new public-private partnerships to care for these natural treasures will be critical.

Alan Steinberg, former region administrator, Environmental Protection Agency The most important environmental issue in New York State is the need for clean, reliable and safe energy. The expansion of nuclear energy is the key to meeting this need. There is not enough discussion of the need for capital improvements in New York State’s water infrastructure and how to finance same.

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Watchdog Unleashed Blue Jay

T THE END OF THIS MONTH, after 30 years—not counting two with then-

Attorney General Andrew Cuomo—the jovial, bespectacled goodgovernment guru Blair Horner is leaving New York Public Interest Research Group to join the American Cancer Society, where he’ll work on implementing federal healthcare reforms. He spoke to about Albany’s worst scandals, his track record of reforms, and the challenges Andrew Cuomo will soon face.

they could get away with 20 years ago and can’t anymore. So…is Albany worse? I think for the vast majority of the legislators it’s the same. The vast majority are honest and hard-working…. But you’ve had much more incredible scandals, and at the highest levels of government, that you didn’t have 25 years ago. So in a way the people that are bad are worse. [Laughs]

TC: Are you disappointed to be leaving Albany before the Legislature’s passed a new ethics-reform bill? BH: Yeah, if I had a magic wand, I might have worked out the timing better. But this opportunity presented itself now, and these opportunities don’t come along that often. You’re right about the ethics legislation—there’s a very good chance a new law will be enacted this session. Now, whether or not it’s a great law, good law, bad law— that part I don’t know yet. That’s something I’m staying involved in.

TC: How are they worse? BH: There’s always been scandals in Albany, but it’s moved to an exponentially bad level with the worst people, the outliers. The Hevesi case is unbelievable. Twenty years ago the comptroller Ned Regan was in hot water for his campaign fund-raising activities, but it didn’t explode into a scandal. Now, in the case of Hevesi, it’s one of the most spectacular corruption cases in New York State history. We’ve never seen anything like this condensed number of incredible scandals, certainly not in modern times.

TC: How many years have you been there? BH: About 30. TC: Do you feel you’ve been able to make an impact and change Albany for the better? BH: I hope so. I certainly did as best a job as I could. Ultimately that’s the only way you can evaluate your own life. One good thing was legislation to ban smoking in public places. I think that really had a big effect on people’s lives. TC: Over 30 years, would you say Albany had become more or less corrupt? BH: Hard to say. Two clear trends have occurred over time. One is that the politics are more toxic, and fundraising is more intense than it was 25 years ago. When I started in the mid-’80s, there were instances of minority parties having a real say on public policy. TC: Really? BH: Yeah! Shocking right? And the number of campaign fund-raisers being held at the Capitol was quite small. The leaders would have a fund-raiser; political parties would have a fund-raiser. But now it’s like virtually every single legislator has at least one, and that climate in Albany of holding fund-raisers for lobbyists—like, who else would come?—I think, has almost completely erased the line between policy-making and fund-raising. And I think that gets people into trouble. And I think, in that way, it’s worse.

TC: And what’s the other trend? BH: I think the ethical bar the public has set has risen. You see that with some of these longer-term legislators; they’re getting into trouble by doing things they thought

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Barry Sloan

The Capitol: Why are you moving to the American Cancer Society? Blair Horner: As I get older, I’m getting more interested in health care. That’s sort of a joke, but at NYPIRG I’ve been working on health-care issues for 20 years. It’s an amazingly complex beast of an issue, and I’ve never really gotten enough time to focus on it.

minorities will think it’s a good idea to override a governor’s veto of lines the majority drew for the minority. The only hope legislative leaders have is in Dean Skelos, who will have to draw lines Cuomo won’t veto. If he sticks to his guns, I think that’s going to drive meaningful reform. And that has never happened before! In 2002, Pataki didn’t do anything. Also, former Mayor Ed Koch has really played a critical role in not letting them off the hook. That doesn’t mean it’s going to happen, I just think it’s the best chance for it to happen.

TC: Who is going to pick up the slack on your work at NYPIRG? BH: In the short term, my work will be redistributed among staff.

TC: What’s your relationship like with Governor Cuomo these days? Would you say you were friends? BH: Well, we’re friendly. I didn’t socialize with him outside of the office. The way you have friendships is you have a more comprehensive relationship. But when I worked with him at the attorney general’s office, I was very impressed, and I thought he did a great job.

TC: What would you consider your greatest success at NYPIRG? BH: The legislation that requires campaign contributions to be digitized. We lobbied that into law. We also did a lot of work in the aftermath of the Philip Morris tobacco scandal in 1999. We made the state’s tobacco-lobbying law into, I think, the most extensive in the country.

TC: Do you continue to be impressed? BH: Well, yes, in terms of his management of his office so far. You know, it’s only been four months. I thought he managed the budget fight very well. Now, I disagree with him on some stuff. The real test now is how well he can manage the government. Now the government just has to function.

TC: And what would you say was your biggest disappointment, your white whale? BH: Now you’re talking Ahab! There were two things that rubbed me the wrong way. One was that ethicsreform legislation of 2007. Spitzer and Joe Bruno, I was very unhappy with what they were doing. They came up with sort of a cockamamie setup, with the policy objective being just to get rid of David Grandeau [former executive director of the State Commission on Lobbying]. And I think that’s just a terrible way to make policy. It sends a message that if you are an aggressive enforcer of ethics laws, you can lose your job. The other thing that has been an ongoing episodic issue is redistricting. I just think it’s fundamentally unfair in New York.

TC: Do you ever, given all your years of goodgovernment advocacy, get a sixth sense when someone has gone rogue? BH: No, actually. Hevesi, when he became comptroller, actually reached out to me and was working with me on reform issues! Assemblyman Seminerio, on the other hand, would hardly ever talk to me. So there’s no way; I could never just figure out who was good or bad. I would never have guessed it would be Hevesi. Maybe there are others that have that sixth sense, but I’m not one of them.

TC: What are the chances for redistricting reform this year? BH: I think this is probably the best opportunity to get redistricting reform enacted in the state’s history, because Cuomo has said in writing, repeatedly, [that] he will veto the lines. And it’s hard to believe the legislative

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TC: Have the scandals made you more cynical? BH: Nah, I don’t think so. You can’t work for NYPIRG and be a cynical person, because if you’re cynical, you might as well make money. I’ve always believed that the system could right itself. Democracy is a work in progress. You constantly have to work at it to make it better. I could keep working on this stuff forever if I wanted to. —Laura Nahmias lnahmias@nycapitolnews.com APRIL 25, 2011

SAFETY IS MY JOB. My name is Joe Pollock and I am Site Vice President at the Indian Point Energy Center in Buchanan, New York. In this role, I’m the person in charge of safely running the plants day to day. The situation in Japan is tragic, and the workers at the Fukushima plant have all been in our thoughts since the events began. I understand area residents need to hear from us about the safety of Indian Point, so here are some quick facts: Indian Point has been designed to withstand an earthquake 100 times the magnitude of the strongest earthquake ever recorded in this area. However, it is important to remember that it was the tsunami, not the earthquake, that caused the loss of power to the Fukushima plant’s cooling systems. Which is why we’ve added multiple layers of on-site above ground backup power sources to make certain that our cooling systems will work whenever they are needed. All who work at Indian Point have complete confidence in the safety of our plants. We have multiple safety redundancies and continuously upgrade our systems in all our operations to ensure safety. In addition, all Indian Point staff participate in training programs related to their jobs at least once a year and some, such as control room operators receive one week of additional training every six weeks to ensure safe operation. Our families and friends live in this area too. We would not be here if we didn’t also believe that Indian Point safely provides clean and reliable lower cost power. For more information on the safety and security of Indian Point Energy Center, please visit us online at www.safesecurevital.com.

Joe Pollock Site Vice President Indian Point Energy Center