JJOKE Hides Source of Funding data
January 16, 2013, one day after the vaunted source of
funding disclosures were required to be filed by the states numerous well
funded and sometimes shadowy advocacy groups.
Everyone had to file their client semiannual report by the
15th.
If they met the $50k/ 3% threshold set in statute they had
to report to JJOKE the source of their funding.
JJOKE has known of the requirement for the entire year of
their existence.
Ellen “eBay” Biben has known of the requirement for her
entire tenure heading the JOKE.
There have been numerous hearings held by the JOKE on the
subject.
The public has had a chance to comment on the issue.
Regulations have been drafted and debated at JOKE meetings.
Revised Regulations have been drafted and debated at JOKE
meetings.
JOKE commissioners have commented at the meetings and
inquired about the issue (some intelligent and some not).
Emergency Regulations have been drafted and debated at JOKE
meetings.
Emergency Regulations have been passed at JOKE meetings.
JJOKE held an educational meeting for the lobbying community
(JJOKE’s education coordinator missed it as she was sick . . . again) where
JOKE lawyers explained the process for source of funding disclosure.
The JOKE website has on its front page instructions about
the source of funding regulations.
The JOKE website has FAQs about source of funding (they are
inaccurate and were never approved by the commissioners but they are there)
So as I look at a clean blanket of snow in Albany this am I
think how wonderful it will be to go to the JOKE website from the comfort of my
office computer and find out who provided the funding for . . . take your pick
of controversial issues.
But NOOOOOOO that information is not available to the
public.
How is this possible you ask?
Was Ravi Batra successful in his lawsuit against the
JOKE? Nope he never brought one
Did some association get a TRO on the grounds that the
regulations were arbitrary and capricious?
Nope I’m not aware of anyone putting up a fight about the statute or the
regulations.
Did every client simply ignore the law? No in fact from what I saw at the JOKE
offices this week it’s the exact opposite there are boxes and boxes of paper
client semiannual forms that have been filed with source of funding disclosure.
So who is responsible for the fact that the public can’t
access this data?
Well as always it’s a self inflicted wound.
JJOKE leadership didn’t consider the why and the how of
source of funding disclosure.
Why did this requirement come about?
I think it’s obvious that the governor and the legislature
intended the information related to groups source of funding to be disclosed to
the public, in short to promote transparency.
But don’t take my word for it ask the stars of ethics reform what they
think:
“What we need to
do here is maximize disclosure” Ellen Biben
“JCOPE should generally seek to
promote transparency of those who fund lobbying activity” Dick Dadey Citizens
Union
“The public has an
interest in the disclosure of all major entities that may be
involved in a layered organizational structure. Common Cause/NY
urges the Commission to draft rules which will provide information regarding
the original source of funding”. Susan
Lerner Common Cause
“we
believe that they play a
very important role in informing the
public” Barbara Bartoletti League of Women Voters
“provide for unprecedented
disclosure in an area where no such disclosure has been required before.” John
Milgram
So the why is clear let’s turn to
the how?
They had a year to prepare; the
JOKE has an electronic filing system so they must have added a data line for
the source of funding disclosure right?
Electronic filing would have
allowed for real time disclosure in a format that would allow the public a
searchable database, so why can’t you see these disclosures today?
Because JJOKE required clients
who wanted to list their source of funding to file on paper pdf forms.
LOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOLOL
That’s right in 2013 clients were
using pen and paper to report these disclosures maybe JJOKE should have
required quill and ink or rock carvings.
What’s the end result it will be months and months before commission
staff get done with the data input and that’s if everyone including the lawyers
sit at a computer amid stacks of forms inputting the data.
On my first day at the old lobby
commission I wandered around the office and saw a small cubbyhole with paper
forms stacked to the ceiling and an attractive young women sitting in front of
an old desktop computer pecking away. I
asked her what she was doing and I was told she was inputting forms she did it
7 hours a day 5 days a week 50 weeks a year.
She was way too smart to waste
time with data input.
When they finally abolished my
agency she was in charge of an IT staff and a state of the art electronic
filing system that allowed New York’s lobbyists to file online and made those
filings available in real time.
She is still in charge of the IT
department at the JOKE but I’m betting she remembers those stacks of paper too.
So who is to blame for JJOKE
returning to the dark ages?
Comeon Mr. Dadey, Ms. Lerner, Ms.
Bartoletti tell us how that source of funding disclosure is working out.
Ellen care to take responsibility
for the JOKE?
How about you Milgram? Oh that’s right your busy fulfilling that FOIL
request I made this morning for the source of funding disclosures.
And for my friends in the media
if you can pry yourself away from the debate about how much safer we are
because I can’t buy a semi auto with a bayonet mount AND a grenade launcher ask
JJOKE who funded the NRA or who funded the anti fracking group Artists against
Fracking or who funded the campaign finance reform group New York Leadership
for Accountable Government. Because you
don’t know and they will not tell you without a FOIL request and a long wait.
And the JJOKE commissioners that
have any self respect and intelligence, Pat Bulgaro, George Weissman, Mitra
Hormozi, Ellen Yaroshefsky, Gary Lavine, Marvin Jacob should immediately get on
the phone to Biben and ask why.
And if you do not believe the answer think about this while we all wait for the data Ellen has it and much like the investigations at JJOKE if Ellen has it its a safe bet that Linda Lacewell has it and if Linda Lace well has ityou can be sure Larry Schwartz has it which means you might not know who is funding those groups critical of the governor but he does.
Maybe Ellen "eBay" Biben is not incompetent afterall.
And if you do not believe the answer think about this while we all wait for the data Ellen has it and much like the investigations at JJOKE if Ellen has it its a safe bet that Linda Lacewell has it and if Linda Lace well has ityou can be sure Larry Schwartz has it which means you might not know who is funding those groups critical of the governor but he does.
Maybe Ellen "eBay" Biben is not incompetent afterall.
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