NYC Charter Revision Commission Taps Professor Briffault as Expert

NYC Charter Revision Commission Taps Professor Briffault as Expert

 
Media Contact: Nancy Goldfarb, 212-854-1584 [email protected]
Public Affairs Office, 212-854-2650 [email protected]
 
New York, June 18, 2010—Richard Briffault, the Joseph P. Chamberlain Professor of Legislation, was a speaker this week in the Public Integrity Forum organized by the New York City Charter Revision Commission.
 
Briffault, invited to speak as an expert on state and local government law, reminded the Commission that some of major revisions made to the Charter in 1987-89, including the creation of New York City’s campaign finance system, were a response to public integrity scandals of the mid-1980s. 
 
“It is essential in a democratic system that the people have confidence in the honesty, integrity, independence, and public commitment of the officials in whom they have entrusted their government,” Briffault noted.
 
“Such confidence depends not only on the conduct of those who exercise official power, but on the rules that determine their election and affect how they carry out their duties. Government must not only be honest, but be seen by the people as focused on public purposes, not private gain.”
 
The last Charter revisions have generally been quite successful and made enormous contributions to the integrity of New York City’s government, Briffault said. He made   these proposals for charter revisions to the Commission:
 
  • The New York City Campaign Finance Board should be empowered to require the reporting and disclosure of independent expenditures – such as advertising by individuals or groups. Currently, the Board can only require the reporting of contributions. The recent Supreme Court decision in the Citizens United case invalidating laws barring corporate spending in elections makes it likely independent spending in elections will increase, Briffault said, and that a Charter amendment would keep the public better informed such spending.

 

  • The Charter should be amended to deal with so-called “member items,” appropriations to community-based non-profits that are made at the discretion of City Council members. A scandal erupted in 2008 concerning the misuse of these funds. While some steps have been taken to limit abuses, Briffault said the Charter should be amended to assure fuller disclosure of member items and to prevent conflicts of interest.

 

  •  The City’s lobbying regulation should be integrated more with its two other public integrity programs – campaign finance, and conflicts of interest. Currently, the City’s lobbying law is administered by the City Clerk, who is an employee of the City Council. By contrast, both campaign finance and conflicts of interest are overseen by independent agencies. Noting that “the reason we require the registration of lobbyists and the disclosure of their activities is because of the implication of lobbying for public integrity,” Briffault suggested “it would make sense for one of the public integrity agencies to take charge of the lobbying law.”
 
Briffault’s testimony and the full hearing can be viewed here:
Note Briffault’s testimony runs from 57:00 to 01:04:38. Allow time for video to buffer.
 
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