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TESTIMONY
Testimony by Rachael Fauss, Senior Policy Adviser at Reinvent Albany, on strengthening ethics oversight and mayoral accountability
1:29:36
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5 min
Rachael Fauss from Reinvent Albany urges the commission to tackle corruption by proposing significant ethics reforms. Key recommendations include creating a truly independent ethics commission (modeled on the state's COLIG) with independent funding and appointments, making Conflicts of Interest Board (COIB) guidance more transparent, and studying/proposing a locally controlled mechanism for mayoral removal distinct from state law or the current inability provisions.
- Proposes a new Independent Ethics Commission merging COIB and lobbying oversight.
- Key features: independent budget, balanced appointments (reducing mayoral majority), independent investigators.
- Recommends increased transparency for ethics guidance issued by COIB.
- Urges study of a charter-based mayoral removal process (beyond existing inability clauses).
Rachael Fauss
1:29:36
Speaking of deference, it's been deferred today at the first.
1:29:41
Good evening, members of the staff of the charter commission.
1:29:44
My name is Rachel Foss, and
Lauren Siciliano
1:29:45
I'm the senior policy adviser for Reinvent Albany.
Rachael Fauss
1:29:48
We advocate for transparent and accountable government in New York.
1:29:52
We urge you, members of this commission, to set your sights high.
1:29:56
Show New Yorkers you are truly independent and ready to propose the major ethics reforms needed to restore public trust after the massive die damage caused by the scandals that have robbed city government to the core.
1:30:09
Citizens Union reports that two times as many senior city officials have resigned due to corruption during the Adams administration as did under the four previous mayors.
1:30:19
Corruption at city hall is the issue of the day, and this commission has to rise to this moment or risk losing a generation of New Yorkers to cynicism about government and apathy about the right to vote.
1:30:31
Unfortunately, it's obvious that the federal sheriff has written out of town, and New York is our on our own.
1:30:38
We have to strengthen the city's fight frontline ethics and anticorruption agencies.
1:30:44
We urge this commission to do the following three things.
1:30:47
One, create a New York City independent ethics commission.
1:30:51
Two, make ethics guidance far more transparent.
1:30:55
And three, study and propose a removal mechanism for the mayor.
1:31:00
First, in creating a New York City Independent Ethics Commission, this is our main recommendation today that you propose a ballot initiative creating this independent commission that puts the functions of the conflicts of interest board and lobbying bureau under one roof that is funded via independent budgeting and governed by an independently appointed board.
1:31:20
New York's watchdog groups and independent ethics scholars strongly support the basic responsibilities of the state's commission on ethics and lobbying government, COLIG, which includes ethics and lobbying regulation under a single commission.
1:31:34
Ethics laws are meant to prevent corruption, hold the hold public officials accountable for misconduct, and protect against the appearance of misconduct.
1:31:42
When the plea people believe their government is corrupt, they lose confidence in the ability of government to solve their everyday problems, become cynical about democracy, and apathetic about voting.
1:31:52
In working with our Wachita colleagues, we have helped to advance improvements to the state commission and recently submitted an amicus brief and successfully upheld the constitutionality of this commission before the state court of appeals.
1:32:04
That body has a number of features that should be replicated at this New York City level to improve independence.
1:32:11
First, lobbying ethics under one roof.
1:32:13
There's not only logic to this arrangement given the intersecting moonlighting, post employment employment, and gift laws.
1:32:20
It also ensures regulate regulators have access to information necessary to conduct enforcement actions.
1:32:27
Two, independent budgeting.
1:32:29
The current profits of interest board is down five staff from ten years ago, and its budget has essentially remained flat despite huge increases in inflation and an expanded mission, including regulation of legal defense funds.
1:32:43
We strongly support providing the conflicts of interest board and any future ethics commissions an independent budget.
1:32:50
Now note that the IBO who just spoke to you has an independent budget.
1:32:54
CO by COIB has proposed past charter revisions that would peg its budget to the total net expense budget of the city.
1:33:02
I think depending on how much responsibility this but this agency has, you might wanna adjust accordingly to make sure it has the proper resources.
1:33:11
Third, independent balanced appointments.
1:33:14
The state commission has three ways that its appointment process increases independence.
1:33:19
First, there's a screening panel for nominations.
1:33:22
The state's law school deans approved nominations sent by the appointing authorities to ensure candidates are qualified and will serve with integrity.
1:33:30
Second, there are balanced appointments.
1:33:32
The governor does not have a majority of appointments, but rather appoints three of the 11 members.
1:33:37
The current conflicts of interest board has a majority of mayoral appointments.
1:33:41
The mayor appoints three, and then there's one each for
Louisa Chafee
1:33:43
the comptroller and public advocate.
1:33:45
Lastly, the selection of
Rachael Fauss
1:33:46
the chair is by the commission, not the appointee.
1:33:50
This is a crucial mechanism to ensure the body operates with consensus and independence.
1:33:57
Lastly, independent investigators.
1:33:59
COLIC is not reliant on the inspector general of the state.
1:34:02
While at the conflicts of interest court, they are depart dependent on the Department of Investigations, which is appointed by the mayor.
1:34:09
We also recommend that ethics guidance be far more transparent.
1:34:14
There's a couple ways to do this.
1:34:16
One is that confidentiality can be waived if an official provides misleading, inaccurate, or incomplete public disclosure of ethics guidance.
1:34:25
The sit the state commission recently adopted an advisory opinion to this effect.
1:34:30
And second, written opinions when they are when their existence is disclosed by an elected official could be proactively made public at that point.
1:34:40
Lastly, we urge you to study and propose removal mechanism for the mayor.
1:34:44
We know you have an upcoming charter commission meeting on government reform in April 9.
1:34:48
This could be a place to discuss this in greater detail.
1:34:50
We also encourage you to review Citizens Union's report on charter reforms, which includes discussing the discussion of this.
Louisa Chafee
1:34:57
You also have my
Rachael Fauss
1:34:58
full written testimony.
1:34:59
Boy, that's everything.
1:35:00
Thank you for your time.