Colby Hamilton

The Joint Commission on Public Ethics announced today that it picked Inspector General Ellen Biben to be its new Executive Director. The move has reportedlyirked some lawmakers because of Biben's close ties to Governor Andrew Cuomo. He appointed her to the IG post, and she worked alongside him as a special deputy of public integrity when he was Attorney General.

But from its creation at the end of last year, the commission has beenraising eyebrows and rousing suspicion for some of the appointees' relationships with those appointing them.

But at least one good-government group is praising the commission and the Governor's pick: the League of Women Voters.

The League supported the establishment of JCOPE and its strong oversight role as a step toward restoring trust in state government. We believe the appointment of Ms. Biben will contribute to that goal.

Former Chief Judge Judith Kay--the first woman to be a chief judge, and a Cuomo I appointee--said of Biben, "Ellen and I worked closely together for well over a year on an important public integrity investigation. Based on my daily experience with her, I found her to be a consummate professional, totally trustworthy, and knowledgeable in the law. Ellen's experience and integrity make her the perfect person for this position."

A JCOPE spokesperson said that Biben will resign her position as inspector general.

Update

Speak Silver is on board with the Biben pick:

I respect the independence and integrity of the Joint Commission on Public Ethics and honor its decision to name Ellen Biben as its new executive director. A former federal prosecutor, Ms. Biben is a highly qualified individual who is well respected by her peers throughout the legal community. I believe she will be a fair and capable executive director who will help hold our government to the highest ethical standards.

Today on "The Capitol Pressroom":

The Chairman of the Senate Finance Committee John DeFrancisco talked taxes with Eliot Spitzer (!) on Wednesday in Syracuse during the Maxwell School’s Campbell Lecture. We’ll ask him how the former Governor is doing, as well as how the current Governor is doing, and whether he supports the budget, home rule, redistricting efforts and all manner of other stuff.

State tax revenues are on the rise again according to a new report out from Rockefeller Institute. Robert Ward, the Deputy Director of the Rockefeller Institute and long time government finance expert joins us with details.

And

Courtney Burke, the head of the Office of People with Developmental Disabilities gives us an update on the administration's reforms efforts, plus her take on an upcoming Court of Appeals hearing on access to records.

For show archives, please visit The Capitol Bureau's website here.

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Mayor Michael Bloomberg will unveil his budget proposal for next year on Thursday that will tackle what his administration has calculated is a projected $2 billion budget gap without raising taxes. But how big that budget gap actually is remains debatable.

A top Bloomberg budget official once said budgeting is all about managing expectations. And throughout the mayor's tenure he has done that masterfully, predicting dire consequences like teacher layoffs, that didn't materialize

Click here to read more.

A new economic report by state Comptroller Thomas DiNapoli shows a New York economy that weathered the financial crisis and recession better than most, but is far from in the clear.

The state regained 46 percent of its workforce since the recession. That makes us 16th among states in terms of recovery, and outpaced the national average by 34 percent.

But the report notes the recovery hasn't been broadly shared, with some regions lagging behind others. For example, Rochester has regained 98 percent of its workforce while Long Island has continued to lose jobs. And while unemployment claims have continued to fall, the unemployment rate has fallen less than a full percentage point since its peak and has flat lined over the past two months at 8 percent.

Here are the three key paragraphs from the opening of the report:

New York’s fragile economic recovery could be derailed by a number of developments. The European sovereign debt crisis could affect the banking and tourism sectors, which are important to the State’s economy. A spike in oil prices would consume a greater share of consumers’ disposable income, leaving less available for spending that ultimately creates jobs.

...

The securities industry, the State’s economic engine, lost $3 billion in the third quarter of 2011, and most large firms reported weak earnings for the fourth quarter. The industry has resumed downsizing in response to reduced profitability (4,300 jobs have been lost since April 2011), and cash bonuses will likely be smaller than last year.

After a strong first half of 2011, job growth in New York was markedly weaker during the second half of the year, raising concerns about the pace of the recovery in 2012.

The full report is viewable after the jump.

Assuming the courts don’t step in before the legislature agrees to its lines, there still remain two big hurdles to getting whatever LATFOR comes up with passed into law:

1.    The Voting Rights Act: As we’ve written about before, New York is subject to a number of provisions in the Voting Rights Act. Before any lines become law, the Department of Justice or a special Washington DC-based court has to clear the lines. The last redistricting process was during a Republican administration. Some observers expect the Obama DoJ to be a tougher sell for lines, especially if ethnic and racial minority groups make their concerns heard early.

2.    Governor Andrew Cuomo: The Governor continues to signal his intent to veto the lines produced by LATFOR (so far). Should he keep his promise, the legislature will be forced to go back to the drawing board. If the executive and legislative branches can’t come to an agreement, the courts will surely intercede.

Some observers worry that the recent Supreme Court case involving Texas’ redistricting will mean the courts will likely just accept whatever lines the legislature produced. But New York’s situation would have a crucial difference: in Texas, the lines were signed into law; here, Cuomo will have vetoed them. Without legal lines, the courts will be free to go their own way.

“The governor has so much power over this right now,” said Hofstra University law professor Eric Lane, who himself has participated in the redistricting process in the 1980s. “Once he throws the veto down, we're at a standstill."

The Rev. Al Sharpton (Brigid Bergin / WNYC)

By Brigid Bergin, WNYC Producer

Community leaders, including the Rev. Al Sharpton, gathered on the steps of City Hall Wednesday to add their voices to the chorus of complaints about the redistricting mapsproposed by the State Legislative Task Force on Demographic Research and Reapportionment.

“We were promised that there would be reform in the process of how they redrew the lines,” said Sharpton, “what we are seeing is deform rather than reform.”

Sharpton described a process marked by “backroom” dealing motivated by “self interest.”

“Why do we have to say we’ll lose a black seat in Buffalo to have an Asian seat downstate?”

Sharpton called on Governor Andrew Cuomo to veto the proposed maps saying that the courts should decide on the lines. He also said advocates sent a letter to U.S. Attorney General Eric Holder asking him to review the process.

“New York is a voter rights state. It’s not just southern states that are voter rights states,” said Sharpton, “and nothing should transpire that does not have pre-clearance by the Attorney General.”

For those that feel accustomed (or entitled) to public hearings to discuss draft redistricting maps—as are currently happening in the city—LATFOR co-chair Assemblyman Jack McEneny has some disappointing news: don’t expect the same for the congressional maps.

McEneny reportedly made the comment at the LATFOR hearing in Brooklyn on Wednesday. “That’s correct,” he said when asked if he had said there likely wouldn’t be time for a set of public hearings on the congressional lines when they finally get finished.

“I’m sure there will be concerns. Right now my main concern is finishing on time, thank you Judge Sharpe,” McEneny said, referring to the federal judge who set June 26 as New York’s primary date for congress.

He also pointed out the last redistricting process a decade ago had no public hearings. That’s true. In fact, over the past 30 years there have never been public hearings over the proposed redistricting lines. That’s because Democrats and Republicans couldn’t come to an agreement. Only when the threat of a federal judge imposing lines were the two sides able—miraculously—to come to an agreement right before the deadline.

“Some decisions have to be made, they haven’t been made yet,” McEneny said about the status of line drawing process. “We have deadlines. The first deadline is to get these nine public hearings finished.

“In the meantime we haven’t drawn the congressional lines yet.”

He said that, “in an ideal world,” he hoped to have draft congressional maps “done during President Week with legal descriptions so that we could present something to the legislature for a vote when they come back from the break.”

McEneny’s talking about the week of Presidents’ Day on Monday, February 21. That would mean that the earliest the legislature could vote on lines would be their next session day, February 29.

“If things were a little different, we’d have a little negotiating room but right now the main thing is to get it done,” McEneny said.

From left, Assemb. Jack McEneny, Sen. Michael Nozzolio and Sen. Martin Malavé Dilan (Colby Hamilton / WNYC)

Earlier on Tuesday, Democratic State Senator Martin Malavé Dilan filed a lawsuit in state court challenging the constitutionality of Senate Republicans’ plans to create a new district in the Albany area. The plan would bring the State Senate’s total size up from 62 to 63 seats.

“The lawsuit is being filed because the majority in the New York State Senate failed to follow the constitution of the State of New York, Section 4, which…if you follow the formula strictly it would only result in 62 seats,” Dilan said before the Bronx LATFOR hearing on Tuesday. “This time around they decided needed a 63rd seat; perhaps to continue control of the New York State Senate.”

Dilan’s suit is just another salvo in a pre-emptive strike campaign by opponents of the LATFOR process. As the turbulent process moves into its final stages, these lawsuits become pieces on the board as stakeholders—legislators, non-government groups, the Governor and communities throughout New York—prepare for the redistricting end game.

The lawsuit a ruling that “they”—that is, Senate Republicans—didn’t follow their own, court-approved process for figuring out the number of Senate seats. He said the ruling could happen as soon as a week.] For an explanation of how they got to 63 seats--and why Democrats think they're wrong--check out my earlier piece.]

Dilan’s counterpart on LATFOR, Republican Senator Michael Nozzolio, said before the meeting that he had faith that their attorneys had divined the number of senate seats correctly and that the court would agree.

“The constitution of the state of New York will decide this. Not Senator Dilan. Not Senator Nozzolio. Not the Senate entirely,” Nozzolio said. “We certainly believe the analysis done by the attorneys is accurate. We believe the court will ultimately confirm that.”

The Lawsuits

As mentioned, the complaint filed by Senator Dilan in state court is asking a judge to find the Republicans “failed to apply the Senate size formula prescribed in Section 4 consistently, rationally or in good faith.”

The question facing whichever judge hears the case is whether or not the case is “ripe”—that is, if the issue in the case is fully formed enough to decide. What will likely come down to in this case is whether or not the Senate declaring its intent to create the district is enough.

By Karen DeWitt, New York State Public Radio Capital Bureau Chief

Governor Andrew Cuomo says the possibility of three primary elections in New York this year is not in anyone’s best interest.

A federal judge has already ruled that congressional primaries must be held June 26. While Assembly Democrats would like statewide primaries to also be held on that date, Senate Republicans prefer an August primary. If no action is taken, the statewide primaries will automatically fall on September 11^th this year. The presidential primary is in April.

Governor Cuomo says having three separate primaries is “less than ideal”.

“It’s very expensive for the state,” said Cuomo. “I don’t think the tax payers want to pay for three elections.”

Cuomo says it’s likely that separate primary elections, which are estimated to cost as much as $50 million dollars each, will also likely result in lower voter turnout.

“Who’s going to come out to vote just for a congressional election, for example?” the governor asked.

But Cuomo says it’s up to the legislature to agree on one date.

And while the congressional primaries are set for late June, the legislature does not intend to have redistricting lines for new congressional districts ready until March, leaving little time for challengers to mount campaigns. Cuomo called the shortened election season an “incumbency protection plan".

Today on "The Capitol Pressroom":

Sure, “NYSAC” sounds alpha-male tough, but we’ll be hearing from two county executives & members of the organization (NYS Association of Counties) who are feeling pretty vulnerable about Medicaid these days. Essex County’s Randy Douglas and Onondaga County’s Joanie Mahoney sat down with us on Tuesday at the Desmond Hotel and poured out their hearts to us about issues like spousal refusal.

Meanwhile, the Governor will be speaking today at NYSAC’s annual shindig. But one member of the group won’t be here. Martha Robertson, the Chair person of the Tompkins County Legislature will be here at the Capitol for meetings with all the behind-the-scenes decision-makers who run state government on a daily basis. She will give us a glimpse into that secret, underground lair* where politics and policy are entangled like lovers.

And then it’s all about Frank. Frank Mauro. An analyst with a license to practice fiscal policy with the Fiscal Policy Institute. There are none cooler than Frank, and he’ll be here to delicately un-wrap explosive issues such as pension reform.

*not really underground.  On 2^nd floor.

For show archives, please visit The Capitol Bureau's website here.

LATFOR public hearing in the Bronx. (Colby Hamilton / WNYC)

Last time I saw Sean Coffey, he was sitting on a stage in Manhattan with three other candidates for attorney general back in 2010, arguing why he should get the job.

He didn’t end up winning the five-way primary (Nassau County DA Kathleen Rice wasn’t at the event), but he’s since joined up with Common Cause and on Tuesday gave testimony at the LATFOR meeting in the Bronx. Draft state Senate and Assembly maps were released last week, and the Tuesday hearing was the first in a second round being held in New York City over the next week.

“The second round of LATFOR hearings could be for one of two purposes,” Coffey said outside of the hearing room at the Bronx Museum of the Arts just before the meeting. “One, it could be to travel to some parts of the state, and hear from citizens about what they think about the draft plans—and amend them to reflect the concerns expressed and, in some cases, the significant concerns expressed about the draft plans.”

“The other, less benevolent reason good be [that] it’s a kabuki show,” he said, “that they’re going around and make believe they’re going to listen to input and tweak these egregiously drawn maps a little bit and say that they’ve somehow accommodated the people who’ve testified.”

Throughout the country, the politics of division have torn at the fabric of this great nation. Some reporters would take that same destructive, degenerative mindset and apply it to good-natured sports rivalries.

SOME reporters, on the other hand, have the composure (and dare we say confidence) to separate the political from the athletic. It's nice to see the governors of New York and Massachusetts are likewise able to reach the same high bar of comportment.

Behold: the Cuomo-Patrick Super Bowl Bet.

If the Giants win, Governor Patrick will send Governor Cuomo:

• 46 Centerville Pies from “The Pie Ladies” in Centerville
• Legal Sea Foods clam chowder
• 46 cases of Food Should Taste Good chips in Needham Heights

Governor Cuomo will donate the proceeds to the Food Bank Association of NYS.

If the Patriots win, Governor Cuomo will send Governor Patrick:

• 46 cases of one of the State’s newest and hottest exports- New York made Greek yogurt
• 46 dozen bagels from Ess-a-Bagel in Manhattan
• 46 cheesecakes from Junior's in Brooklyn

Governor Patrick will donate the proceeds to a Massachusetts food bank.

A couple quick notes: for those with the good fortune enough to have visited the home of the original Tea Party, you probably know that Legal Seafood is not where you want to get your real clam chowder. You'd think Governor Deval Patrick would have the good taste to set people up in the Chart House.

I also love how Governor Cuomo doubles down on one of the high points of his economic program from last year: the great Greek yogurt plant deal. Never miss an opportunity to remind people of your success.

Today on "The Capitol Pressroom":

President Obama has tapped Attorney General Eric Schneiderman to head up its official task force investigating misconduct in the banking industry that lead to the financial collapse on Wall Street. The AG joins us today to talk about the pros and cons of his new role, and we might throw a question his way about Danny Hakim’s article in the Times about Ben Lawsky.

Speaker Sheldon Silver has thrown his considerable political weight behind an increase in the minimum wage. The Speaker will be my guest to discuss the dueling political narratives which inevitably surround raising the minimum wage, and New York’s history of combating poverty.

And then we’ll be joined by a few people who are P.O.’d about redistricting: The first you've heard from before -- Senator Mike Gianaris D – Astoria is now warning that any deal the Senate is pushing for a constitutional amendment would create a lose-lose situation for the State of the New York.

And here’s one of the stories to come out of the Assembly’s redistricting efforts: Assemblyman Pete Lopez R - Schoharie just spent five months rebuilding the entire Village of Schoharie which was destroyed by Tropical Storm Irene. If the new maps are adopted, the Village, where Lopez & his family live, will fall under Assemblymember Claudia Tenney’s jurisdiction. Tenney, R – Sylvan Beach, currently represents parts of Oswego and Oneida Counties. She testified at Monday’s LATFOR hearing in Albany that if the new maps are approved, her district would extend from Oneida County to the border of Connecticut – it would include parts of the following districts: Oneida, Otsego, Herkimer, Schoharie, Albany, Greene & Columbia.

For show archives, please visit The Capitol Bureau's website here.

Anna Sale / WNYC

The debate over a proposed state minimum wage increase is heating up as Assembly Speaker Shelly Silver introduced legislation Monday to raise the base from $7.25 to $8.50 per hour.

"Last year we began the process to instill fairness in New York's tax code, and now we are addressing the inequities at the lower end of the pay scale," Silver said in a statement about the legislation. "It is absurd to expect anyone to afford the cost of living today and be able to invest in their future on a pay rate of $7.25 an hour. That is why it is my top priority this legislative session to repair the ladder to success, to make an investment in our working families and ensure that they can continue to do so as the cost of living continues to rise."

Labor is predictably lining up opposite business groups, with allied think tanks providing policy arguments sure to be used by their respective sides. (Mayor Michael Bloomberg is coming in somewhere in between.)

More from New York State Assembly Minority Leader Brian Kolb on redistricting: he also says one of three upstate Democratic-held Congressional seats should be on the chopping block.

His counterpart in the majority, Democratic Speaker Sheldon Silver, is quoted in a Daily News article saying he'd like to keep New York's 9th Congressional District--currently held by Republican Bob Turner--in place.

Kolb said his preference, if the logic of one upstate and one downstate district being removed still held, would be for one of the Western New York Districts to be gone.

"I think it generally should be somewhere in the urban areas," Kolb said. "The city of Buffalo would probably be one place to start."

Kolby cited Buffalo's population loss over the past decade as the main reason one of the two districts that encircle Erie County--NY-28, held by Rep. Louise Slaughter, and NY-27, held by Rep. Brian Higgins--should disappear.

Kolb also pointed to Rep. Kathleen Hochul's 26th Congressional District as a good candidate for removal.

"Between Rochester and Buffalo that would be the liklihood, where you've got one congressional representative too many if you just look at the population centers," he said.

Coverage of the redistricting process—including the coverage here--tends to focus on the state Senate. With the margin between the majority and minority party razor thin, overt attempts by the Senate Republicans to keep control are vividly evident.

But that doesn’t mean Democrats in the Assembly aren’t guilty of carving out election districts for maximum partisan benefit in the draft maps released last week.

In a presentation in Albany this morning, Common Cause’s Susan Lerner presented a PowerPoint presentation that showed what they say are Assembly districts as egregious as some of their counterparts in the Senate.

In Queens, Common Cause found the conservative-leaning Middle Village area chopped up into four separate districts to keep Democratic officials in those seats, as is the case today.

Courtesy of Common Cause.

Upstate, Assembly Democrats continue to divide up cities like Albany and Rochester to help dilute the impact of conservative voters. Rochester is divided into three separate districts, all of which are represented by Democrats. A similar situation is proposed for Syracuse.

Today on "The Capitol Pressroom":

What’s former Assemblyman & current Senior Fellow at Demos think about the Governor’s budget and the newly proposed redistricting maps? We’ll ask the outspoken 14-termer from Westchester -- and perhaps fit in a question about his recent trip to Russia.

Capital Region Assembly Democrat Robert Reilly is known for taking stands for libraries & against Mixed Martial Arts – and for giving away his legislative salary. He’s a member of the majority in the Assembly, so why has his district been extensively redrawn?

We talk property taxes and mandate relief with aspiring Westchester County Executive Rob Astorino, who was recently lauded by the National Review for speaking out against a New York Times editorial about affordable housing.

And the state of our libraries is in jeopardy according Mike Borges, the Executive Director of the New York Library Association. He’ll join us along with Libby Post of Communication Services to discuss funding.

For show archives, please visit The Capitol Bureau's website here.

Courtesy of the Governor's office.

Jimmy Vielkind of both Albany Times Union and CapitalNewYork.com fame hassifted through the redistricting lines debris and tea leaves (I know, it’s hard to picture but it’s metaphorically happening) in a piece up on the aforementioned website. We’ve been on the hunt for much of the same, specifically around how a constitutional amendment fits in to the redistricting end game.

Governor Andrew Cuomo’s office has for months been talking with the leadership in both the State Assembly and Senate about a resolution to the coming crunch over the Governor’s promised veto. Both Speaker Sheldon Silver and Majority Leader Dean Skelos’ offices have confirmed discussions are on-going about including an agreement on a constitutional amendment to hand the next redistricting process over to an independent commission.

The constitutional amendment piece is likely part of a broader effort by Cuomo to bring the redistricting together in a tidy bow. He’s already demonstrated his ability to “evolve” on a thorny issue he’s seemingly painted himself into a corner on.The last, greatest example of this three-dimensional approach was the millionaires tax.

It’s worth reviewing some of the details of proposed independent redistricting legislation from lawmakers last year.