Two of four bills pass Legislature
By SHERRY HALBROOK
Two of PEF’s four Go Public accountability bills passed both houses of the state Legislature before the 2005 session ended June 24.
PEF’s call for government reform resulted in more transparency when the state contracts out, including the disclosure of the number and cost of contract employees and a disclosure of procurement lobbying for all state contracts.
Additionally, the Legislature passed a measure that would force the enactment of procedural reforms and disclosure by public authorities and public benefit corporations, but does little to affect shadow agencies.
“We have been making a tremendous effort in our Go Public Campaign,” said PEF President Roger Benson, “and we have gained some ground that we have never been able to cover before. That said, it’s clear we still have a long way to go. And our first priority is getting the governor to sign the accountability bills that passed. Then, we will refocus on the legislative issues that were left standing at the altar.”
HEAR THIS! — PEF member Jim Blake blows a bugle at the rally. — Photo by John Epting
Devil in the details
Here’s the rundown:
• Legislation introduced by state Sen. Joseph Robach and Assembly Member Donna Lupardo, A.6542/S.1920, will require state agencies to report how many contract employees are working for them and how much it costs. This bill passed without changes.
• Originally, PEF backed legislation (A.0009C) introduced by state Assembly Speaker Sheldon Silver, it requires registration and disclosure by lobbyists trying to influence the award of state contracts. This bill was passed in the Assembly, but was replaced in the last days of the session with legislation proposed by the governor.
The new bill (A.8964/S.5873) passed both houses, and presumably will be signed by the governor.
• A tough bill supported by PEF and introduced by Assembly Member Richard Brodsky (A.5626) that sought to put a spotlight of public scrutiny on the operations of shadow agencies and public authorities, emerged from the legislative process focusing much more on public authorities than shadow agencies, but is still a step toward reining in New York's shadow government.
Specifically, the bill that passed would require: disclosure of managers making more than $100,000; disclosure of projects, budgets and an annual report of activities; require employees to file financial disclosure forms; and require the establishment of contracting guidelines and procedures for the sale of property. It would also consolidate state Inspectors general and give them authority to investigate public authorities.
• PEF sought passage of legislation introduced by state Assembly Member Susan John and state Sen. Nicholas Spano (A.1259/S.3923) which would have required state agencies to analyze and compare the relative costs and benefits of using their own employees to do work, versus handing it off to a contractor before awarding a contract for it.
The original bill passed in the Assembly. Unfortunately, an amended and renumbered version (A.8948/S.3923A) that covered public authorities, as well as state agencies did not come up for a vote before the session ended.
Far from finished
“It’s a real pity the cost-benefit analysis legislation didn’t pass,” Benson said, “because a report released by the Fiscal Policy Institute in early June revealed the state is actually overpaying by nearly half a billion dollars annually for contractors to do work that state employees could do better and for substantially less money.
“It’s easy to understand why the state never challenged our Go Public ads that claimed it was wasting $250 million a year,” Benson added. “The real number was twice that high.
“Believe me, we are not about to let go of this issue now. We have been hammering this point for many years, and we are finally tightening the noose around the throat of this flagrant abuse of the public trust. We will not let up the pressure until we win.”
Following PEF’s lead
PEF’s call for laws to make government accountable for public funds and services and for transparency and fairness in public contracting has been heard far beyond the boundaries of New York state.
In June, the public employee locals of the American Federation of Teachers, meeting in Denver, enthusiastically embraced PEF’s Go Public campaign and voted to take it national. They will work to get laws passed in their own states to protect the public interests and restrain wasteful
contracting
The
Communicator July/August 05
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