New York City Council
Committee on Governmental Operations, State & Federal Legislation
Apr 19, 2024
·
10:00 AM
2 hr 51 min
Summary
A hearing on New York City's lobbying laws and reforms to increase transparency and restrict conflicts of interest. Discussions focused on closing loopholes that allow former senior officials to immediately lobby after leaving office, preventing political consultants and fundraisers from lobbying candidates they worked for, extending post-employment lobbying bans to more positions like the mayor's chief of staff, enforcement challenges due to limited staffing, improving lobbying disclosures, and concerns over constitutional speech rights. Features testimony from the Conflicts of Interest Board (COIB), City Clerk's Office, Campaign Finance Board (NYC CFB), and the public.
Meeting chapters
Read summaries and watch videos for short segments that matter to you.
Council Member Lincoln Restler opens the hearing on New York City's lobbying laws and necessary reforms
Council Member Lincoln Restler opens a hearing on potential reforms to New York City's lobbying laws. - He highlights the need for transparency, accountability, and integrity in government regarding lobbyists' …
0:00:36
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6 min
Council Member Gale A. Brewer opens discussion on lobbying laws and separation of roles between campaign advisers and lobbyists
Council Member Gale A. Brewer expresses her appreciation for lobbyists and the valuable information they provide, but emphasizes the need for a clear separation between campaign advisers and lobbyists. - …
0:07:22
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173 sec
Ethan Carrier, General Counsel of the Conflicts of Interest Board (COIB) opens testimony presentation on proposed amendments to the New York City Conflicts of Interest Law
Ethan Carrier, General Counsel of the Conflicts of Interest Board (COIB), provides opening remarks on COIB's position regarding proposed amendments to Chapter 68 of the New York City Charter governing …
0:13:03
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14 min
Michael McSweeney, City Clerk of the City of New York, on the Regulation of Lobbying Activities and Efforts to Promote Transparency in New York City Government
McSweeney explains the responsibilities and activities of the Office of the City Clerk in regulating lobbying in New York City and promoting transparency in government. - He outlines the history, …
0:27:42
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13 min
What are the impacts of COIB's staffing and budget reductions on its ability to fulfill its mandates?
Carolyn Miller, the Executive Director of the Conflicts of Interest Board (COIB), explains that the recent budget cuts have reduced COIB's staff from 25 to 22 employees. - This includes …
0:41:12
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172 sec
How are potential violations of post-employment restrictions monitored and enforced?
The Conflicts of Interest Board (COIB) relies on complaints and agency reports to identify violations of the 1-year ban on former employees communicating with their former agency. - The large …
0:44:06
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3 min
What are the restrictions for former high-level city officials appearing before their former agencies and other city entities after leaving service?
The council member asks about the specific post-employment restrictions that apply to former senior officials like the mayor's chief of staff. - There is a one-year ban on communicating with …
0:47:24
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87 sec
For clarification, what are the restrictions on the mayor's chief of staff after leaving city service?
The mayor's chief of staff is subject to a 1-year communication ban with their former agency, the mayor's office and all related entities, after departing city service. - The 1-year …
0:48:51
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26 sec
Is the mayor's chief of staff permitted to engage and appear before every mayoral agency in New York City the day after leaving city service?
Council Member Restler confirms that the mayor's chief of staff is permitted to engage with and appear before every mayoral agency in New York City the very next day after …
0:49:17
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56 sec
Did the former chief of staff to the mayor solicit clients and agree to lobby for them after leaving city service?
Council Member Lincoln Restler questions whether, as widely reported, the former chief of staff to the mayor solicited and signed clients to represent them through lobbying after leaving city service. …
0:50:13
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49 sec
Is it permissible for a city employee to build a book of lobbying clients while working in city government for future lobbying practice?
The general counsel for the Conflicts of Interest Board (COIB) states that the permissibility depends on the details of the circumstances. - The COIB counsel declines to comment on the …
0:51:03
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32 sec
What is the status of the Conflicts of Interest Board's investigation into potential conflicts involving city employees building client bases for future lobbying?
Council Member Lincoln Restler asks about the status of an investigation by the Conflicts of Interest Board (COIB) into whether city employees are building client bases to pursue lobbying activities …
0:51:35
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17 sec
Is it permissible for a City Hall employee to recruit lobbying clients before leaving their position?
The council member asks whether it is legal for someone working in City Hall to recruit lobbying clients for their future private sector practice before leaving their government position. The …
0:51:52
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47 sec
What activities were investigated by COIB 16 months after an individual's departure from city service?
The Conflicts of Interest Board (COIB) is unable to confirm whether it has investigated the legality of activities conducted 16 months after an individual left city service. COIB General Counsel …
0:52:39
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15 sec
What is the typical timeline for COIB to determine whether to investigate a matter?
The COIB Executive Director explains that the Conflicts of Interest Board does not have investigators, so investigations are conducted by the Department of Investigation (DOI). - The length of a …
0:52:54
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122 sec
What is the process for the Conflicts of Interest Board (COIB) to investigate potential illegalities reported in the press?
The COIB actively monitors press reports and investigates matters that, if true, would violate the city's conflicts of interest law. - The COIB reviews all complaints and press reports received. …
0:54:55
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70 sec
What is the potential violation involved with the former chief of staff's engagement with Northwell Health as a client after leaving public service?
Council Member Lincoln Restler questions the Conflicts of Interest Board's (COIB) willingness to testify about a potential violation related to the former chief of staff's engagement with Northwell Health as …
0:56:05
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71 sec
Can the Conflicts of Interest Board (COIB) confirm if it has provided any guidance to ensure there have been no illegal communications in the previous year?
The COIB Executive Director explains that the city charter mandates confidentiality regarding any communications and advice provided to individual public servants. - The COIB cannot disclose whether any council member …
0:57:18
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44 sec
What actions does the Conflicts of Interest Board (COIB) take when an elected official misrepresents the guidance COIB provided?
The Conflicts of Interest Board (COIB) is prohibited by law from disclosing whether someone sought advice from them or what specific advice was given. - COIB cannot confirm or deny …
0:58:02
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171 sec
What requirements should be implemented to verify the accuracy of policymaker lists at city agencies?
The Conflicts of Interest Board (COIB) has not required agency heads or deputy mayors to sign off on the accuracy of policymaker lists at their agencies. - The COIB has …
1:00:54
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117 sec
Council Member Lincoln Restler remarks on the Conflicts of Interest Board (COIB) meeting on policy maker designation rules
Council Member Restler disagrees with COIB's assessment that people do not care about being designated as policy makers. - He says people actively try to avoid the policy maker designation …
1:02:51
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47 sec
What are the enforcement capabilities for preventing lobbying activities by political campaigners and vice versa?
The Committee Counsel states that the NYC City Council would be willing and able to enforce restrictions on lobbying activities by political campaigners and campaign activities by lobbyists. - It …
1:04:01
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118 sec
How does the City Clerk's Office identify individuals violating lobbying laws?
The City Clerk explains how they find out about potential lobbying violations. - They receive phone calls and tips from time to time. - The number of tips is not …
1:05:59
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55 sec
What is the threshold for the Conflicts of Interest Board to take action on attempted communications by former employees within their post-employment ban with their former agency?
The Conflicts of Interest Board (COIB) considers several factors in determining whether to pursue enforcement action against former city employees who attempt prohibited communications with their former agency during their …
1:06:59
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175 sec
What is the verification process the Conflicts of Interest Board (COIB) follows to assess the credibility of alleged violations?
The COIB conducts a formal investigation, including obtaining documents and interviewing witnesses, when allegations of conflict of interest violations are reported publicly. - For post-employment violations involving former employees, the …
1:09:55
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89 sec
What monitoring occurs for individuals leaving city service to ensure compliance with lobbying registration requirements?
The Conflicts of Interest Board (COIB) does not actively monitor individuals after they leave city service to ensure compliance with lobbying registration requirements. - COIB has a limited staff of …
1:11:24
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76 sec
Does the lobbying bureau have a dedicated staff member for outreach and education?
The City Clerk explains that the lobbying bureau hired a staff member after a 2013 law for outreach and education, but that person left and the bureau has struggled to …
1:13:06
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82 sec
What is the extent of outreach and training being conducted by the NYC City Council on lobbying laws without a dedicated staff person?
The NYC City Council continues conducting outreach and training on lobbying laws despite not having a dedicated staff person for that role. - The Council reviews reports filed with the …
1:14:28
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149 sec
What are the staffing levels and responsibilities of the City Clerk's office, specifically for the Marriage Bureau and Lobbying Bureau?
The City Clerk explains the current staffing levels in the office. - The overall headcount is 55 staffers, down from 62 due to budget cuts. - The Lobbying Bureau, referred …
1:16:59
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93 sec
What are the advantages of pursuing a charter revision over the two proposed pieces of legislation?
The General Counsel for the Conflicts of Interest Board (COIB) recommends pursuing a charter revision process to examine changes to post-employment restrictions in Chapter 68 of the city code. - …
1:18:51
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134 sec
What entity would lead the process for public hearings on potential charter revisions? How would such an entity be composed?
The General Counsel of the Conflicts of Interest Board (COIB) explains that a charter revision commission should be independent and not led by COIB itself. - A charter revision commission …
1:21:06
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52 sec
What types of organizations are former elected officials and public servants lobbying for?
The general counsel explains that the Conflicts of Interest Board (COIB) does not regulate lobbying itself, but rather focuses on former public servants who are paid to communicate with the …
1:21:58
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103 sec
Council Member Lincoln Restler expresses his disagreement with prior testimony
Council Member Lincoln Restler expresses strong disagreement with testimony suggesting current post-employment and lobbying laws are adequate. - Restler raises concerns that powerful officials like the mayor's chief of staff …
1:23:43
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53 sec
What is the process for passing legislation regarding changes in post-employment restrictions for public servants?
Ethan Carrier from the Conflicts of Interest Board explains that significant changes to post-employment restrictions should involve a thorough process with input from multiple stakeholders and sufficient time for consideration. …
1:24:37
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62 sec
Why should post-employment restrictions not apply to the mayor's chief of staff, chief counsel, or the commissioner of the Department of Housing Preservation and Development (HPD)?
The general counsel of the Conflicts of Interest Board (COIB) explains their stance on potentially expanding post-employment restrictions to top NYC officials like the mayor's chief of staff, chief counsel, …
1:25:40
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112 sec
What are the issues with the current post-employment restrictions for public officials in New York City?
The council member argues that the current post-employment restrictions for public officials are insufficient and allow for 'legal corruption.' - A former mayor's chief of staff was able to start …
1:27:32
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3 min
What evidence exists that modifying post-employment restrictions would impact recruitment and retention?
General Counsel Ethan Carrier states that the Conflicts of Interest Board (COIB) does not have direct evidence that modifying post-employment restrictions would impact recruitment and retention. - COIB advocates for …
1:31:07
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70 sec
What evidence is there that certain policies could undermine recruitment and retention?
Council Member Lincoln Restler inquires whether the Conflicts of Interest Board (COIB) has any evidence to support their concern that certain policies could negatively impact recruitment and retention. - Carolyn …
1:32:32
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150 sec
What restrictions exist for former attorneys or lobbyists representing clients with business before the city when entering city government roles?
The council member explains that there are no explicit pre-employment restrictions under Chapter 68 for individuals previously working as attorneys or lobbyists representing clients with business before the city when …
1:35:04
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5 min
What review process determines the issues an individual cannot work on after leaving city government service?
Ethan Carrier explains that the Conflicts of Interest Board (COIB) has limited capacity with only 22 staff members and does not conduct proactive reviews to identify prohibited issues for former …
1:37:37
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4 min
What is the staffing and capacity of the lobbying bureau? How have recent budget constraints impacted its operations?
Michael McSweeney explains the current staffing of the lobbying bureau, which includes a deputy city clerk, deputy general counsel, chief investigator, investigator, and paralegal, among others. - The bureau faces …
1:42:03
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3 min
What is the frequency and impact of audits on lobbying activities in New York City?
Michael McSweeney, the City Clerk of New York City, explains the importance and effects of audits on lobbying activities. Audits help identify instances where lobbyists fail to provide required information …
1:45:34
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96 sec
Is every statement of registration and retainer agreement filed by lobbyists reviewed annually, even if not selected for audit?
The Committee Counsel confirms that every single statement of registration and retainer agreement filed by every lobbyist is reviewed each year, regardless of whether they are selected for audit or …
1:47:12
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64 sec
What are the requirements to ban someone from being a lobbyist in New York City?
The City Clerk explains there is no clear standard for determining 'willful' violations that could lead to banning a lobbyist. - The law department was consulted but could not identify …
1:48:16
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103 sec
What is the breakdown of cases referred to the DOI and how many cases were pursued for different types of violations?
The City Clerk indicates there are usually 1 to 3 investigations per year, typically triggered by a specific issue. - Contact with the DOI is frequent, but primarily involves the …
1:50:01
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109 sec
What education is required for city employees on lobbying laws and reporting requirements?
Council Member Lincoln Restler inquires if there is any education or training required for city employees on lobbying laws and reporting requirements to help identify and report unregistered lobbying activities. …
1:51:51
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136 sec
How can I access information on the amount of money lobbyists raised for Mayor Adams in 2023?
The Committee Counsel explains that the information on lobbyist fundraising for Mayor Adams in 2023 can be obtained through campaign finance filings or the NYC lobbyists search system. - Currently, …
1:54:09
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3 min
Are reports proactively shared with the Campaign Finance Board (CFB), could they be, and should they be?
Council Member Lincoln Restler inquires if certain reports are automatically shared with the CFB, and whether they could or should be proactively shared. - City Clerk Michael McSweeney states that …
1:57:14
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47 sec
Is a lobbyist fundraiser for the mayor required to disclose their activities to the Campaign Finance Board?
Lobbyists acting as fundraisers for the mayor may not be required to directly report to the Campaign Finance Board (CFB) that they raised money for the mayor. - It is …
1:58:07
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93 sec
What are the constitutional and administrative concerns raised regarding Intro 742's prohibition on lobbying activities by fundraisers and political consultants?
Paul Ryan explains that Intro 742's prohibition on lobbying activities by individuals engaged in fundraising or political consulting could face strict judicial scrutiny, making it harder to defend constitutionally since …
1:59:40
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6 min
Why could there not be similar lobbying restrictions for paid political consultants and fundraisers on former colleagues?
Paul Ryan suggests such restrictions would likely face strict legal scrutiny as an untested approach, and regulating known lobbyists' activities would be more constitutionally defensible. - He states he is …
2:06:33
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78 sec
What would happen if the clerk's office was tasked with confirming a lobbyist's prior political activities? What structure does the NYC Campaign Finance Board envision to regulate such activities?
The NYC Campaign Finance Board Executive Director explains that if the clerk's office had to confirm if a registered lobbyist worked on a political campaign or did fundraising for an …
2:07:51
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79 sec
Could the clerk's office track a registered lobbyist's previous political campaign work or fundraising for elected officials?
The clerk's office indicates it could potentially track a registered lobbyist's prior political campaign work or fundraising for elected officials through data gathering. - The City Clerk suggests the possibility …
2:09:11
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18 sec
Council Member Gale A. Brewer remarks on her stance
Council Member Brewer thanks the clerk's office for their work and adaptability. - She commends City Clerk Mike Sweeney and his staff for their assistance - Brewer is willing to …
2:09:31
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99 sec
Paul Ryan, Executive Director of the NYC Campaign Finance Board on Non-Lobbyist Consultants and Fundraisers for Political Campaigns
The NYC Campaign Finance Board currently lacks comprehensive and usable data on non-lobbyist consultants and fundraisers hired by political campaigns. - Campaigns are not required to report their consultants and …
2:11:10
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97 sec
Council Member Gale A. Brewer states there is no list of lobbyists who do campaigning
Council Member Brewer states there is no list regulating who can campaign for office. - She says she has tried to find such a law or list but there is …
2:12:48
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19 sec
Does the city track if newly registered lobbyists recently left city employment and evaluate potential conflicts?
The City Clerk states that the city does not currently track whether newly registered lobbyists recently left city employment. - The City Clerk's office assumes it has jurisdiction over lobbyists. …
2:13:51
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73 sec
What specific details are required in lobbying reports regarding the nature of interactions, and how can the reporting be improved for better transparency?
The Committee Counsel explains that the administrative code does not require detailed reporting on the type of lobbying interaction, such as whether it was a mass email or an in-person …
2:15:09
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3 min
Is indirect lobbying activity that influences mayoral decisions without directly concerning rulemaking or legislation subject to disclosure requirements?
The council member and counsel discuss whether certain indirect lobbying activities that aim to influence mayoral decisions, but do not directly relate to rulemaking or legislation, are required to be …
2:18:38
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89 sec
What activities should be considered indirect lobbying and included in lobbying regulations?
Council Member Lincoln Restler questions whether certain public campaigns and activities that resemble lobbying but do not fit the current legal definition should be classified as indirect lobbying. - A …
2:20:07
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132 sec
Susan Lerner, Executive Director of Common Cause New York, on Rebalancing Public Integrity and the Right to Petition Government Through Lobbying Reforms
Lerner voices support for proposed measures to limit the influence of lobbyists and the 'revolving door' in New York City government. - She highlights the murky constitutional status of lobbying …
2:25:57
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3 min
Rachel Fauss, Senior Policy Adviser at Reinvent Albany, on Strengthening Lobbying Laws and Disclosure Requirements in New York City Government
Fauss advocates for more transparent and accountable New York City and state governments through her role at Reinvent Albany, a nonprofit organization. - She supports the intent of three bills …
2:29:12
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3 min
Ben Weinberg of Citizens Union on Strengthening Regulations for Political Consulting and Fundraising Activities by Lobbyists in New York City
Weinberg expresses support for legislative measures aimed at enhancing disclosure and regulation of political consulting and fundraising activities by lobbyists in New York City. - He highlights the persistent issue …
2:32:53
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4 min
Blair Horner, Executive Director of NYPIRG on Strengthening Oversight of the Lobbying Industry and Curbing Conflicts of Interest in New York City Government
Blair Horner, the Executive Director of the New York Public Interest Research Group (NYPIRG), provides testimony supporting measures to strengthen oversight of the lobbying industry and curb conflicts of interest …
2:38:08
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144 sec
What approach does Ben Weinberg suggest for addressing lobbying concerns when accepting public campaign funds?
Weinberg acknowledges the existing system requires lobbyists to disclose political activities and fundraising. He suggests building upon this disclosure system could be an effective approach. - There is a lack …
2:40:38
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108 sec
What approach does Rachel Fauss suggest for addressing lobbying concerns when accepting public campaign funds?
Rachel Fauss highlights the importance of bolstering enforcement mechanisms for lobbying regulations. - She supports independent budgeting for enforcement agencies like the conflicts of interest board - She advocates for …
2:42:27
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58 sec
What approach does Susan Lerner suggest for addressing lobbying concerns when accepting public campaign funds?
Lerner suggests a condition for accepting public matching funds could be requiring consultants to contractually agree not to lobby the officials they advise, or any firms associated with those consultants. …
2:43:28
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37 sec
Susan Lerner, Executive Director of Common Cause New York on the Timeframe for Certification of Campaign Finance Laws
Lerner suggests setting the timeframe for certification of campaign finance laws to end on December 31st to avoid confusion over start and end dates. - She proposes making the timeframe …
2:44:28
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27 sec
Rachel Fauss, Senior Policy Adviser at Reinvent Albany, on Expanding Conflict of Interest Rules to Include Staff and Department Heads
Rachel Fauss supports expanding conflict of interest restrictions beyond individuals to also cover their direct staff and department heads. - She agrees with Citizens Union's stance on broadening the scope. …
2:44:57
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16 sec
Ben Weinberg, Citizens Union on the Urgency of Enacting Legislation Before Upcoming Elections Cycle
Weinberg highlights the importance of timely legislative action before the next NYC mayoral and city-wide elections cycle begins. - He notes that certain practices related to political campaigns and fundraising …
2:45:17
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36 sec
Christopher Leon Johnson, Member of the Public on Opposition to Proposed Lobbying Regulation Bill by NYC City Council
Christopher Leon Johnson voices strong opposition to a proposed lobbying regulation bill being considered by the NYC City Council. - He accuses council members of being influenced by lobbyists and …
2:46:40
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175 sec