The New “I for Integrity”

Today marks the beginning of a new phase for the “I for Integrity” blog. For some time, I’ve been toying with notion of broadening its subject matter. A number of people encouraged me to do this, but I was a little hesitant. The reason is simple. When I was involved in ethics law enforcement, I always sought to avoid commenting in ways that might be construed as partisan. That served me well for a long time. People may have disagreed with me, but at least they didn’t think I was being “political.”
I don’t want to do anything now to jeopardize that standing, but I do want to speak more generally about matters of ethics, accountability and state policy. I think it will make the blog more interesting.

I also want to do something else. I want to work in tips and suggestions that often come to me from people in government and from ordinary citizens. People tell me things because they think I’m independent and not afraid to ruffle a few feathers. I appreciate their faith in me and I don’t want to disappoint them.

To help me with the expanded blog, I’ve recruited some friends and former associates to participate in a kind of informal advisory board. They’ll help me with the subject matter, and also with my tone, which I know can be a little edgy at times.

I’m very excited about our new effort. The goal is to be a kind of plain-spoken “conscience of Albany.” No, I’m not going to pretend that I have all the answers, but I do want to weigh in constructively and say things that need to be said.

I hope you enjoy the blog.


“Delay of Game”


Our new governor has done many things right, but his handling of ethics law enforcement is an open question.
Think of the Governor as the quarterback on a football team who has called a new play. He abolished the old state ethics panel and established a new one. This is a good move that was announced with a lot of fanfare. It was called the “Clean Up Albany Act” and the New York Post proclaimed that “Crooked pols are running for the exits.”

The problem isn’t the play itself, but its execution, or rather the lack of execution. It’s been nearly four months since the new panel was announced and it hasn’t been constituted yet. In the meantime, the predecessor Public Integrity Commission has gone out of business. And so, as I write this, there is no ethics law enforcement in New York. That’s right – there’s no one to investigate a violation, no one to follow up on a tip regarding potential wrongdoing.
Supposedly, the governor and his people are busy trying to find the right appointees to the panel – but there’s been no word on how the process is proceeding and that’s a concern in its own right.

Given the storm clouds that surrounded the Public Integrity Commission, doesn’t it stand to reason that there should be more openness and transparency regarding appointments to the new panel? For the new panel to do its job properly, we need people of real integrity and independence. And in this regard, the best thing the governor could do is appoint people with whom he has no prior relationship and no connection. He should do so right away and set an example for the legislative leaders who also have appointments to the panel.
I really hope the governor avoids the typical politician’s mistake of appointing people who are friends and associates. That may work in the short term, but, later, when judgments are made on controversial cases, there’ll be an appearance of a conflict. That is inevitable.
The issues I’ve raised here can certainly be resolved, but the governor needs to focus on the matter and get it done. He needs to do it now. It’s simply outrageous that the State of New York has no working ethics panel.

Back to the sports metaphor: I’m not prepared to say that the governor has fumbled the ball on ethics, but he and the legislative leaders should be called for delay of game.


Tell the Truth, Tell it All, Tell it Now

New York City Mayor Michael Bloomberg has come under fire in recent days for the way he handled the departure of his deputy mayor for operations, Stephen Goldsmith.
When Goldsmith resigned last month, the Bloomberg administration (and Bloomberg himself) said he was leaving to pursue other professional opportunities. But the real reason involved a domestic altercation with his wife.
Much has been made of the misleading comments at the time of the resignation, but, to my mind, the real problem came two days earlier. That’s when Goldsmith was arrested and held for 24 hours. This development should have been disclosed immediately by the administration. It is certainly news when the mayor’s top aide has been jailed.
Instead, Bloomberg and his people apparently tried to “manage the media,” a strategy that almost always backfires. It was sure to backfire given the nature of the incident, which is reminiscent of the situation involving Governor Paterson’s top aide David Johnson in 2009.
Domestic abuse is a scourge with devastating effects on the adults involved and their children. Our society still struggles to address this problem, and looks to its elected officials to make sure that law enforcement agencies and social service providers are doing all they can to recognize it and prevent it. In his role as one of the mayor’s top aides, Goldsmith oversaw the city’s police department, which plays an enormous role in the city’s response to domestic violence.
For all these reasons and more, the mayor should have recognized the need for full and timely disclosure of the arrest. Had that occurred, the Goldsmith’s subsequent resignation would have resolved the matter without the need for further comment by the mayor. But because that didn’t happen, the mayor’s adversaries can now (with cause) draw out the process of investigation and fault finding.
The way to avoid these dramas is to follow the dictum: “Tell the truth, tell it all, and tell it now.”

BURY THE DEAD BEFORE THEY STINK UP THE JOINT

Well it was bound to happen. The commission failed to hold its bimonthly meeting as required by law. Of course all the lobbyists and clients are required by that same law to file reports in a timely fashion but I guess what’s good for the goose is not good for the gander. We will have to see about that if I get the chance to represent someone the commission tries to act against before they go out of existence. I wouldn’t mind cooking some gander.
Or maybe Barry and the commissioners will take advantage of their zombie status and write some opinions settling scores before they go out of existence. I know there is at least a couple of commissioners and a lot of staff lawyers at PIC that would like a second shot at my lifetime ban opinion. Better be careful guys the IG is already investigating you (I hope this time they send averments to everyone and don’t leave the leaker out like they did in the troopergate case. By the way why didn’t PIC investigate Herb and Barry after the IG report p154 for those that have a short memory) and I would love to start a couple more investigations into why PIC does what they do. The longer Mr. Cuomo takes to sign the bill eliminating PIC the more responsibility he has for what they do while he waits.
Rumor is the meeting couldn’t happen as required by law because Barry was on vacation all week polishing up his resume after commission staff avoided the ax last week (at least Walter “got scotch” and the lawyers get some extra time to send those resumes out). You can tell the end is near when folks slated to be let go take vacation. To the rest of the staff the message should be clear what do they know that you don’t?
Missing the meeting required by law is a fitting end to an agency that could never get it right. Now it’s like watching the night of the living dead as this zombie agency keeps trying to impose fines, write opinions and hold hearings long after its demise or maybe it’s more like the Black Knight in Monty Python continuing to try to act the bully with his arms and legs hacked off
It’s only a flesh wound right Ralph?
Publish that opinion Barry I’d love to get you and the commissioners under oath.

WHO SHOULD STAY AND WHO SHOULD GO

Today’s Times Union had a very interesting article by Jim Odato for all you conspiracy theorists out there.

You can read it here

http://www.timesunion.com/local/article/Integrity-panel-s-farewell-1431239.php

Just why were they having a meeting before the governor signs the bill? It’s pretty clear from the comments of the outgoing commissioner’s that they wanted one last shot at those high profile investigations they have routinely flubbed. These guys have turned more routine outs into errors than the New York Mets (I’d have said Yankees but with the commission’s ties to that team and the Patterson case it was too easy).
And on that subject you got to wonder who was providing the information to Odato? Walter “GOT SCOTCH” Ayres? Or perhaps one of the commissioners? There has been quite a bit of speculation around town that the Spitzer era commissioner’s are not fans of the gov or the legislature and are leaking like sieves. Or could it be Barry Ginsberg the soon to be outgoing ED? A word to the wise Barry if you want help on your transition to ex ed status don’t bite the hand that feeds you. The fact that Walter is still employed lends credence to the rumor that the Got Scotch comment was yours not his.
In addition the agenda showed an executive session pursuant to section 105 (1) (d) and (f) of the Public Officers Law. Sub (d) is what they use to discuss pending cases nothing new there but sub (f)? That’s personnel decisions. You have to wonder was the Spitzer crowd going to try and pull a fast one? Or was the commission going to take the appropriate business step of downsizing in light of the bills effect? Either way whoever pulled the plug on this meeting did the right thing. At this point let’s get the bill signed and take the patient off life support. I’d hate to see what would happen if Barry Walter et al get another chance at the governor or legislature now. The scotch would just be the beginning.
Here’s what should happen. The governor signs the bill, the commission staff that is not needed to fulfill the function of form intake processing and disclosure is laid off, a new commission is quickly appointed and a new staff and ED are hired. Start to finish it should take less than a month not the 6 months to a year the commission is claiming it will take (although it did take them longer than that and they still don’t work) And none of the existing investigations, to the extent they are valid, would be endangered.
Since all you would need is caretaker staffing during the interim you could lay off the following departments and individuals and still fulfill the requirements of the new legislation, Trust me no one would miss them.


EXECUTIVE

BARRY GINSBERG
DEBORAH L. NOVAK
Barry is at the heart of the problem just read the IG report page 154

PUBLIC INFORMATION

WALTER C. AYRES — Public Information Officer
TONI L. DIEHL — Confidential Stenographer
Got scotch? Need I say more

COUNSEL'S OFFICE

THERESA A. SCHILLACI — Special Counsel
RALPH P. MICCIO — Special Counsel & Audit Supervisor
SHARI CALNERO — Associate Counsel
BRIDGET E. HOLOHAN — Associate Counsel
BARBARA H. O'NEILL — Associate Counsel
MELINDA E. FUNK — Confidential Assistant
JENNIFER W. SABADAY-SNOW — Confidential Stenographer
No investigations no opinions no enforcement NO LAWYERS

INVESTIGATIONS

ROBERT J. SHEA — Confidential Investigator
LAWRENCE J. MURELLO — Confidential Investigator
SCOTT A. CLARK — Confidential Investigator
LORI DONADIO — Confidential Legal Assistant
No investigations NO INVESTIGATORS You should replace these folks with retired FBI agents there are plenty in town and available and they come with their own benefits so you save money

TRAINING

RICHARD H. A. WASHBURN — Manager of Training
HOWARD W. GRIEVES — Training Associate
BETHNEY A. DENNO — Training Associate
MARLENA C. DIAZ — Training Assistant
We need charter schools for ethics training Time for some new teachers and new classes

AUDIT UNIT

MICHAEL T. FURNARI — Compliance Auditor
MARIA E. GUEVARA — Compliance Auditor
AMY HOSLER — Compliance Auditor
No investigations no audits NO AUDITORS Let the new investigators perform this function

ADMINISTRATION

JEANNINE M. CLEMENTE — Administrative Director
Not much work to be done after bill signing and it’s dangerous to let these folks make decisions that affect who stays and who goes.

HEARING OFFICER

CHRISTINE C. KOPEC
This one is funny but no one could keep a straight face and say you need a hearing officer ever again.

With what would be left and the quick hiring of those retired FBI agents you could be up and running in short order and rebuild the new agency into something to be proud of. Of course it all depends on who gets appointed to the commission BECAUSE IT’S THE PEOPLE NOT THE LAW THAT REALLY MATTERS.

HEY WALTER YOU CAN NOW RETIRE THE NAME THAT DOPE AWARD

Walter Ayers the former (oops I might have jumped the gun on that but not by much) spokesperson for the PIC just provided the Times Union the following quote related to the soon to be passed ethics bill

“While many New Yorkers are struggling to put gas in their cars, it appears many of our political leaders will not have to worry about putting Scotch in their bellies.”

Are you kidding me Walter? After all these years of saying the politically correct thing you decide now to call the governor and the legislators liquor swilling pigs. LOLOLOLOLOLOLOLOLOL Bad judgement. (say that with a Russian accent and you could be the next Teddy KGB)

Do you think it’s because the new bill does not provide for a transfer of employees? Or is it because soon to be former Executive Director Barry Ginsberg is allegedly packing his parachute and hoping to land at the controller’s office? And by the way guys Barry is only packing one parachute and no guarantee now that it even opens since Walter just sewed it shut.
If it helps here’s a list of the rest of the insane clown posse I’d get rid of if anyone asked.

In no particular order:

Ralph Miccio lawyer

Terry Schellaci lawyer

Bridget Hoolihan lawyer

All the investigators Bob, Larry and Scott (aka Curly, Moe and Larry)

The education unit – it hasn’t helped


I could go on and on but it does bring up a serious point. The bill correctly stops PIC from taking any action after it becomes law for a very good reason. No one trusts Barry Walter et al from being vindictive, and judging from Walter’s quote that’s probably a smart move. By the way I got a couple of Barry letters last week after the bill was announced threatening my clients on trivial matters. I decided not to blog about them or tell Barry to go f himself because I know how stressful this time in his life must be (right Walter?) so I’m going to ignore him like the rest of the lobbying community now will.

But the key to ethics enforcement in Albany now is to clean out the mess Spitzer left in the PIC and bury the garbage so it doesn’t pollute the new agency which will need to built quickly and with some forethought. Let me know if I can help I still got that shovel.

WHERE HAVE I READ THIS BEFORE?

http://blog.timesunion.com/capitol/archives/67789/oconnor-lawyer-expands-on-copi-critique

Welcome to the party Karl the waters fine come on in

Nice to see I’m not the only former head of a NYS Integrity Agency that thinks Barry needs to follow Herb Teitelbaum John Feerick et al out of government. You have to wonder whose reputation will be the next one ruined by the folks over at the commission on public integrity . . . Mitra? Andrew? Its only a matter of time

WHAT EVER HAPPENED TO HERB TEITELBAUM?

I got an interesting phone call from Boston today and I’m told many others did as well. A woman named Mary Moore called to say she was asked to do a background check on Herb Teitelbaum by a group of investors that were considering hiring Herb as an attorney for a project. She said she had read the blog and seen me quoted in the media speaking about Herb and could I provide my opinion about his integrity. LOL are you kidding me? I told her if you’ve done your research you know what my opinion of Herb is. But if your investor group is serious you need to tell me who they are and what type of work you are thinking of using Herb for. She asked why that was important and I told her that Herb is subject to a 2 year revolving door and a lifetime bar as a result of his previous employment with the State of New York. She paused and said I wasn’t aware of that. Woulda thought Herb might have mentioned that piece of info. She wouldn’t tell me what the work was or who it was for, which was probably a good move because it saved me from having to make a complaint to PIC if it violated either bar. Anyway I encouraged her to read the IG report about Herb and Barry and she replied that one of the people she had already spoken with had worked with Herb at PIC and told her that Herb did some bad things but the IG report was inaccurate. To which I responded that whichever commissioner or former commissioner that told her that was covering his/her own ass as the commission wholly failed to investigate the allegations that Herb Teitelbaum leaked information to the target of the troopergate investigation and both he and current PIC executive director Barry Ginsberg allegedly attempted to obstruct the IG’s investigation. And then it dawned on me Barry just said in his most recent round of interviews related to the ongoing Susan Bruno no show job investigation (by the way do you think it’s smart to be out there in the media talking about the case before the hearing Barry? I like that approach but most folks in government don’t) that he would fire “in a second” anyone who leaked information about the case. Made for a nice sound bite but if Barry really believed it why isn’t he investigating Herb for the troopergate leaks documented by the IG? Oh that’s right if he did that he would have to investigate John Feerick and the rest of the commissioners that ignored the evidence, he would have to investigate himself and now that the current commissioners are aware of the IG allegations, page 154 guys, he would have to investigate them as well because the failure to act (cover-up) is often times worse than the act itself. Barry you keep digging that hole for yourself because I still got the shovel.

And Herb be sure to let us know how that job interview turns out.

BETTER LATE THAN NEVER?

Special counsel Ralfie loves to dish out late fees to lobbyists and clients that file reports even one day late. So you would think the commission would be especially sensitive to filing dates. Well you would be wrong. Like so many other things the commission does it’s a case of do as we say not as we do.

The commission is required by statute to issue its annual report by March 1. They finally got around to issuing it today May 5, 66 days after it was due by law. And one week after I FOILED it and told the chairwoman that her inept staff had not filed it.

By my calculation 66 days at $25 a day is $1650 the commission owes to every lobbyist and client. But feel free to request a waiver Ralf, it can go in the same file Titlebaum kept for his buddies at his previous law firm.

Now you would think with that extra 66 days the commission staff would have come up with something new but you would be wrong again it’s the same report with the same tables that the old lobby commission used in 2006, although they did change the color from red to blue. But then again Jeannine always hated that red cover. And why did some staff members get their new names listed correctly while others are still being listed under their old married names when those names have been changed? Does anybody proof these things.

The list of names does come in handy in case anyone asks who should stay and who should go. I went 2 pages before I found anyone worth keeping. If I get some time next week I’ll post a list of who to get rid of and why.