Corzine targets ethics

Gov. Jon Corzine finally maybe living up to the expectations I had for him when he ran for office in 2005.

A progressive-leaning U.S. senator, Corzine figured to be a breath of fresh air after the McGreevey administration and eight years of Whitman/DiFrancesco. But in his nearly three years in office, the governor has stumbled badly, giving in to too many of the political power brokers that have run this state for too long.

While his budgets have begun the difficult process of righting the fiscal ship, he punted on full-scale reform and opted to bet his political capital on a plan to privatize state assets — a move that has helped drive his approval ratings to the basement.

But maybe I’ve been too harsh. The governor unveiled an ethics package earlier this week that would do help clean up state and local governments.

The proposal includes, according to a press release from the governor’s office:
Reforms Through Executive Order
Pay to Play

  • Ban contributions by State redevelopers and their consultants
  • Tighten coverage of current ban on State-contractor contributions to include contributions by partners of professional service firms regardless of percentage of ownership
  • Address issue of evasion of current restrictions by extending current ban to include State-contractor contributions to legislative leadership committees and municipal committees

The above provisions would be codified in subsequent legislation

Ethics Enforcement

  • Appoint a task force to make recommendations on whether the Local Government Ethics Law should be amended to match the State Conflicts of Interest Law and whether enforcement responsibility should be shifted from the Local Finance Board to another entity focused solely on government ethics. Task force also would consider how to implement a training and compliance program for local ethics.

Financial Disclosure

  • Update financial disclosure executive order to address newly created boards and positions that should be subject to disclosure requirement

Reforms Requiring Legislation
Pay-to-Play
State government and authorities

  • Codify Executive Orders that strengthen State contractor ban and that create new ban on State redevelopers

County and municipal governments and authorities

  • Amend current law to remove “fair and open process” exception
  • Tighten coverage to include contributions by partners of professional service firms regardless of percentage of ownership
  • Ban contributions by county government or county authority contractors to municipal candidates and municipal committees in that county and ban contributions by municipal government or municipal authority contractors to county candidates and county committees in that county
  • Enhance compliance and enforcement by making State law apply uniformly across all local governments since with strengthened State law there is no need for the current mosaic of local ordinances
  • Ban contributions by county and local redevelopers and their consultants (modeled on State-level ban to be established by Executive Order)
  • Ban contributions by developers seeking development approvals

School Districts

  • Codify current Department of Education Accountability Regulations regarding pay-to-play (which cover contributions to school board candidates) and extend the ban to cover contributions by school district contractors to county candidates, county committees, municipal candidates, and municipal committees where the school district is located

Regional Utility Authorities

  • Extend contribution restrictions that apply to State contractors to contractors for legislatively created regional utility authorities

Auditors

  • Ban contributions by audit firms and partners to audit clients (as recommend in August 2008 Report of State Comptroller)

Wheeling

  • These reforms will help prevent party committees from being used to evade pay-to-play and regular campaign finance law limits on contributions. Except for certain restrictions on county committees, current law allows party committees to make unlimited contributions to candidates, other party committees, and PACs. Under these reforms, county-to-county contributions would be banned, as would contributions by county or municipal committees to municipal committees in other counties. Party committees would only be permitted to make unlimited contributions to candidates or constituent party committees within the intended sphere of influence of the party committee. In essence, unlimited contributions would be permitted to flow only downhill, not uphill or laterally. As to all other contributions, a party committee would be subject to the same contribution limits as PACs.

State Committees

  • Impose new annual limit of $25K on contributions by State committees to a legislative leadership committee
  • Impose new annual limit of $7,200 on contributions by State committees to a PAC

Legislative Leadership Committees (LLCs)

  • Impose new annual limits on contributions by LLCs to a State committee ($25K), another LLC ($25K), a county committee ($25K), a municipal committee ($7,200), a county or municipal candidate ($8,200), and a PAC ($7,200)

County Committees

  • Impose new annual limit of $25K on contributions by a county committee to a State committee or a LLC
  • Extend current ban on contributions by a county committee to another county committee, which runs from Jan. 1 to June 30, to cover the entire year, and ban contributions to municipal committees in other counties.
  • Impose new annual limit of $7,200 on contributions by a county committee to a PAC

Municipal Committees

  • Impose new annual limit of $8,200 on contributions by a municipal committee to a candidate in another municipality
  • Ban contributions from a municipal committee to another municipal committee in another county and impose new annual limit of $7,200 on contributions by a municipal committee to another municipal committee in the same county
  • Ban contributions by a municipal committee to a county committee in another county and impose new annual limit of $25K on contributions by a municipal committee to its own county committee, the State committee, or an LLC and $7,200 on contributions to a PAC

Campaign Finance
Lower Contribution Limits

  • Lower current annual limit on contributions to a county committee from $37K to $25K.

527s and Similar Groups

  • Require greater disclosure for ads broadcast within certain period prior to election

Contracting Reform

  • Codify Executive Order No. 37 (2006) (independent State authority procurement and governance reforms) and provide for Governor’s veto power over minutes of the few authorities where the power does not now exist (North Jersey District Water Supply Commission and Passaic Valley Sewerage Commission)
  • Amend Local Public Contracts Law, Local Public School Contracts Law, and County College Contracts Law to require “fair and open process” as a minimum process for all awards of professional service contracts
  • Amend Local Public Contracts Law, Local Public School Contracts Law, and County College Contracts Law to require “competitive contracting” for insurance contracts
  • Reform local auditing rotation and selection practices to enhance independence of auditors (to include recommendations from August 2008 Report of State Comptroller)
    • prohibit audit firms from providing other services to public entity audit clients during term of audit engagement
    • require rotation of auditors at least every 10 years, replace single-year auditing engagement with five-year engagement subject to termination for violation of professional standards or similar malfeasance, and require competitive selection process

Ethics Enforcement, Compliance, and Training

  • Amend current law to make State Ethics Commission an all-public-member body, as the Legislative Ethics Committee now is

Financial Disclosure

  • Strengthen legislative disclosure regarding sources of income

Other Reforms

  • Prohibit use of State grant funds for hiring lobbyists to lobby State government
  • Amend criminal statutes to add corruption offenses to the list of “predicate offenses” under the State’s RICO statute
  • Modernize enforcement of campaign finance reporting requirements by giving ELEC authority to establish a schedule of penalties for late filing of campaign finance reports and for other administrative violations of election laws (modeled on federal law)
  • Amend law regarding penalties for failure to file financial disclosures so that the per-diem fine would apply to employees but failure to file by unpaid board and commission members after appropriate reminder would trigger automatic removal from position rather than fine

    Al Doblin, of The Record, sums the effort up this way:

    Corzine deserves credit for moving forward on ethics reform. But his timing is a little off. Right now, New Jerseyans are concerned about the meltdown on Wall Street, not ethics reform in Trenton. Corzine’s critics will make the most of that.

    The good and bad of Corzine is he isn’t a natural politician. In the U.S. Senate, he advocated for important social issues, notably against the genocide in Darfur. Jersey politics, and many of its elected officials, are not focused on the big picture. It’s very local.

    The state’s political bosses may have little interest in fixing the national economy, getting our National Guard members home or universal health care. But they have strong views about construction contracts, filling jobs on utilities boards and making sure that political pork is delivered to their home turf.

    In Jersey, wheeling is not a round of Swiss; it is the Big Cheese making the rounds.

    It’s hard to predict how much of Corzine’s reform package will be codified into law, but reformers should celebrate. Fondue would be appropriate.

    Whatvever happened to welfare reform?

    Bill Clinton, working with a conservative Republican Congress, eviscerated what is known as the welfare system in the United States, instituting new rules that forced the poor into a variety of programs or cut off their programs altogether.

    But we’ve never really had reform of the corporate welfare system, as Gwen Rubenstein of the Washington Area Women’s Foundation points out:

    The Federal Treasury is on the verge of bailing out Wall Street with an infusion of $700 billion of taxpayer dollars. Bad decisions by many actors (banks and lenders, consumers, insurers and others) have contributed to the crisis, we are told, and now it is an emergency.

    What a difference a policy area makes.

    In our nation’s social welfare programs, such as the Temporary Assistance for Needy Families (TANF) program, bad decisions are grounds for sanctions and a denial of assistance–not a helping hand or a cash infusion (Just imagine!). Certainly, our leaders have not treated poverty as an emergency or a reason for government action.

    If the banks and other lenders who created the economic mess that has Washington rushing to help were treated to the same kind of rules that apply to the poor, it is unlikely that this kind of bailout would even be proposed.

    Memo to Congress:Slow down and change course

    U.S. Rep. Rush Holt, who represents my congressional district in New Jersey, appears to get this. He called the Paulson plan “wrong,” and added that, to fix the problem, we have to go to the root. The root, he says, is

    that financial institutions have been trading securities whose value they don’t know and can’t know because bad mortgages are mixed in with good mortgages in indeterminate amounts.

    He added that the taxpayers would be buying paper without knowing its value and that “neither Secretary Paulson nor the market will be able to determine the value.”

    So go to the root of the problem. Repair the bad mortgages. The Administration approach is to help Wall Street and hope eventually that helps Main Street. That is backwards. Helping Main Street will help Wall Street, and it will restore confidence, liquidity, and solvency.

    He said there is a need for something like the federal Home Owners Loan Corporation, which was created in 1933, lasted 20 years, and

    shored up a collapsing market by purchasing delinquent mortgages at a discount and working with homeowners to restructure the mortgages into more manageable terms. Congress and President Roosevelt authorized HOLC for $4.75 billion – or $76 billion in today’s dollars. With this investment, in its first two years, HOLC helped more than 1 million homeowners. In fact, when the HOLC finally ended, it showed a net $14 million surplus for taxpayers.

    Let’s take a breath and show the world that the government of the United States will not let the financial house collapse.

    Basically, David Sirota is right when he says that “Hell, no” would have been the best response to the Paulson plan and that a better alternative should have been placed on the table, one that uses Americans’ tax dollars to aid workers and homeowners faced with lost jobs, lost houses and a loss of faith in their government.

    The proposal on the table fails on so many levels, it is difficult to grasp.

    Consider:

    • $700 billion to bail out the financial industry
    • unlimted authority for the Treasury secretary, with no oversight and no court interference
    • and nothing for the homeowners whose shrinking real estate values have accelerated the disaster.

    Admittedly, there are reasons to step in here, but handing $700 billion to finance without asking for anything in return is just foolish.

    Here is a flier from a group that organized a protest today — a flier that sums up why the Paulson plan makes little sense. (The flier is available on Naomi Klein’s site, though she is not an organizer of the demonstration):

    This week the White House is going to try to push through the biggest robbery in world history with nary a stitch of debate to bail out the Wall Street bastards who created this economic apocalypse in the first place.

    This is the financial equivalent of September 11. They think, just like with the Patriot Act, they can use the shock to force through the “therapy,” and we’ll just roll over!

    Think about it: They said providing healthcare for 9 million children, perhaps costing $6 billion a year, was too expensive, but there’s evidently no sum of money large enough that will sate the Wall Street pigs. If this passes, forget about any money for environmental protection, to counter global warming, for education, for national healthcare, to rebuild our decaying infrastructure, for alternative energy.

    This is a historic moment. We need to act now while we can influence the debate. Let’s demonstrate this Thursday at 4pm in Wall Street (see below).

    We know the congressional Democrats will peep meekly before caving in like they have on everything else, from FISA to the Iraq War.

    With Bear Stearns, Fannie and Freddie, AIG, the money markets and now this omnibus bailout, well in excess of $1 trillion will be distributed from the poor, workers and middle class to the scum floating on top.

    This whole mess gives lie to the free market. The Feds are propping up stock prices, directing buyouts, subsidizing crooks and swindlers who already made a killing off the mortgage bubble.

    Worst of all, even before any details have been hashed out, The New York Times admits that “Wall Street began looking for ways to profit from it,” and its chief financial correspondent writes that the Bush administration wants “Congress to give them a blank check to do whatever they want, whatever the cost, with no one able to watch them closely.”

    It’s socialism for the rich and dog-eat-dog capitalism for the rest of us.

    Dean Baker — via Naomi Klein — offers progressive principles that we should be following in figuring out how to deal with this. He admits that we are facing a crisis and that something must be done:

    The events of the last week showed the urgency of dealing with the financial crisis. There is a real risk that the banking system will freeze up, preventing ordinary business transactions, like meeting payrolls. This would quickly lead to an economic disaster with mass layoffs and plunging output.

    The Fed and Treasury are right to take steps to avert this disaster. While there is an urgency to put a bailout program in place, there are several important issues that Congress should address in the context of bailout.

    The Paulson plan, however, is dangerous. He offers this as an alternative:

    Principles to Guide the Bailout

    1) Financial institutions should be forced to endure the bulk of the losses with taxpayer funds only used where absolutely necessary to sustain the orderly operation of the financial system.

    2) The bailout must be designed to minimize the opportunity for gaming.

    3) The bailout should be designed to minimize moral hazard.

    4) In the case of delinquent mortgages that come into the government’s possession, there should be an effort to work out an arrangement that allows the homeowner to remain in her house as owner. If this proves impossible, then former homeowners should be allowed to remain in their homes as renters paying the market rent. This should be done even if it leads to losses to the government.

    5) There should be serious efforts to severely restrict executive compensation at any companies that directly benefit from the bailout.

    A restructing of the finance system has to follow, he says, that follows these goals:

    1) Combating asset bubbles must be one of the Fed’s key responsibilities.

    2) The government should impose a modest financial transactions tax, comparable to the one in the United Kingdom. This can both restrain excessive trading and raise more than $100 billion a year in revenue.

    3) Regulatory agencies should require that potentially tradable assets (e.g. credit default swaps) actually be traded on exchanges.

    4) There should be strict limits on leverage for all regulated financial institutions.

    5) Fannie and Freddie should remain fully public institutions, returning them to a status comparable to Fannie’s prior to its privatization in 1968.

    6) The Fed should be restructured so that all the key decision makers (e.g. the open market committee) are appointed by democratically elected officials. Its responsibility is to manage the economy in the interest of the general public, not the financial sector.

    I don’t see it happening, though the Democrats and some Republican senators have agreed to some of these principles. Speed, unfortunately, appears to have become more important than longterm success — or public opposition.