February 1, 2007

Day One, Everything Changes.    Today is Day 32
 
The honeymoon is over, and dysfunction is about to set in. The promise of a new governor with a substantial electoral mandate, supported by a public sick of Albany and anxious for reform, is likely to wither on the hard rocks of political reality.
 
The immediate cause of the cognitive dissonance between the governor and the old-time players can be attributed to Spitzer's alleged words to the assembly minority leader that Spitzer was a "f-----g steamroller".  He did not use the words to denigrate his colleague, but to boast about himself. The word was used in its more recent context: as an amplifier, not a term of abuse.  He did not, in fact, curse Mr. Tedisco, but in time of war, truth is the first casualty.

 Now his enemies and the press are using that clearly infelicitous and inappropriate, but not necessarily insulting remark, made on a cellphone to a car (hopefully not to the driver) to try to show that the governor is arrogant and disrespectful of others.   The elegant New York Times described what he said as "salty language", which is all right as long as you can rely on the Post for the exact words that he used.
 
The other provocation is the governor's attempt to assume the responsibility Constitutionally assigned to the legislature, to   select a new comptroller.  The governor did a great deal to create the vacancy by ostracizing the elected comptroller, excluding him from events, and generally treating him like a leper.  Now it appears possible that the position will be filled by someone whose election he has tried to prevent, and is a protege of his potential worst enemy.  The governor should recall the maxim  about answered prayers, you may get what you want and find it is worse than what you had.
 
As far as the "independent screening panel" is concerned, one or more of its members have had ethical issues in their past that are more serious than the sins of the hapless Hevesi.  They survived their travails, in part because they were unpublicized, and in part because there was no Inspector Javert pursuing the case.  They were right to recommend Howard Weitzman.  We agree that the panel worked hard, and provided us with their politically correct honest opinion.  We fail to see how Andrew Eristoff, both City Finance Commissioner and State Commissioner of Taxation and Finance, was overlooked, although we realize that he would never have been chosen by the Assembly as he is a (shhhh) Republican.
 
The irony is that this governor is the best thing that has happened to Albany in a generation.  His reform program is highly desirable, at least to us, and his appointments, although unremarkable, are generally based on merit. He has avoided politics, except for rewarding people who were in his campaign, and there is nothing unusual or outrageous about that.
 
The inaugural, the state of the state, and the budget have been solid messages, and the prospect is for a vastly improved executive branch over the next four, six, eight , ten or twelve years, depending on his electoral fortunes.  However, sooner  or later, everyone has to deal with people who are not their appointees, but elected on their own, maybe from gerrymandered districts or by political machines, but nonetheless people who have to be persuaded or intimidated into doing what you want.   The powers of intimidation are limited, unless the person you are trying to persuade has committed some offense, minor or major, and you can sic the law on him.  You could also block projects in his district.  That would be a disservice if the projects were beneficial to the public, but splendid if they were not.  Such a policy would be perceived as vengeful, and would lead to a series of confrontations with the legislature, with unpredictable results.   It certainly would not lead to a harmonious state government.
 
Like everyone else, legislators want security and respect.  They are sometimes treated shabbily by Speaker Silver, or Leader Bruno, and they grouse privately.  Nonetheless, there is a kind of stability in the existing order.  If you behave, you will be rewarded, if you are bad you will be punished.  The problem is that his definition of good and bad too often is shaped by the leaders' own interests rather than by the public interest.
 
The main benefit a governor can confer on a legislator is to take him out of the legislator by appointing him to a better job.
He has already rewarded Senator Michael Balboni of Long Island's gold coast, and Assemblyman Pete Grannis of Manhattan's upper east side, both richly deserving release from their gilded cages.  This kind of appointment is especially lucrative for older legislators, because their pension is computed on their salaries in their last year of service, a percentage of which is then multiplied by the number of years they been state or city employees.
 
The New York State and New York City systems are called "defined benefit", as opposed to the more frugal "defined contribution" plans, which are now being offered by companies seeking to reduce their future obligations, particularly for health care of retirees.
 
At any rate, there is not much else, besides pork, that the governor can do for or to an individual legislator, unless he becomes the alpha male and Silver is removed, or becomes a judge.   Silver is highly unlikely to go on the State Supreme Court, because it would reduce his earnings by well over eighty per cent.  The last revolt against his leadership came in 2000.  It failed because Democratic county leaders backed off, and the unfaithful assembly members were punished severely.
 
If legislators have faith in the governor's decency and humanity, they may be emboldened to support him on some issues. If he is seen as an arrogant and threatening figure, perhaps even a playground bully, they will stay with their current masters,  even on matters where they believe that the governor is right on the merits.
 
In politics, it is extremely helpful to be a decent person, or at least to be perceived as one.  You can be as egocentric as you like in your own head, as long as you do not out yourself by displaying your conceit in public. If you are smarter than other people, which is a gift of God, you should also have the sense to know when to keep that insight to yourself. You have to convince other people to follow your lead, and they will be reluctant to do that if they see you as angry, intolerant, unpredictable, or worse yet, contemptuous of them.  The Speaker or Leader may have contempt for them as well, but in that case the feeling is more likely to be mutual, although hidden.

The blowup between Attorney General Spitzer and John Whitehead, former chairman of Goldman Sachs, Deputy Secretary of State, last year was not helpful.  This regrettable conversation occurred over the telephone, just as the most recent one did.  Perhaps the cell phone should be viewed as a dangerous instrumentality.  Since you cannot see the other party, you may feel it easier you would not say to a man's face, as a matter of common courtesy.

No matter what precisely was said or weather a war was actually threatened, as was reported at the time, Whitehead is 25 years older than Spitzer, he is viewed as honest and principled, although he may be misguided, and he should not be abused over some policy difference about the World Trade Center site, which is a mess anyway.  One ought to reserve declarations of war for drug dealers and the like, not volunteer officials of public benefit corporations.
 
The fact is that the governor keeps his temper 99% of the time, which is to his credit. He can be surrounded by fools whom he generally suffers gladly, or at least quietly.  But it is the remaining one per cent that can lead to disaster, particularly if you are walking a tightrope, which highly visible public officials are compelled to do by the media..
 
We would recommend outreach to the legislators and others, invite them in, get to know them, hear about their experiences and their aspirations. Stick to your principles and fight on the issues, but do not yield to some reformers' voice of righteousness.  Bruno and Silver gave you some ethics reform and some budget reform as a good will offering at the beginning of the session.  Much more would be desirable, but you won't get it by telling people off.  Besides, most procedural reforms, even if enacted, become a sham if, when it comes down to it, the legislators will do the leaders' bidding.  Recall the Stalin constitution in the Soviet Union in the 1930's, granting all kinds of rights to the people.

The year is young.  There is time for a fresh start.  The point is that there are behavioral as well as substantive issues here.  There are powerful lobbies who oppose a great amount of what you want to do.  They have been paying off the legislature for years, and they expect a return on their investment, at least protection from measures that are injurious to them.  To persuade legislators to act in the public interest rather than in what they imagine to be their own (gratitude to contributors and subservience to political leaders), you have to build confidence in yourself.
 
This is the conundrum of politics.  You need a strong ego to enter the field, to campaign, to ask people for money, to make promises which may be contradictory, etc.    Once elected, the office holder needs other qualities to lead effectively.  It requires emotional intelligence to understand other peoples feelings.  Sometimes that does not correlate with the strong ego necessary for success in politics.   

Timid and passive legislators are more likely to heed their current masters than seek leadership elsewhere.  Treating everyone with respect enhances the possibility of their acting responsibly.  It is also more Presidential behavior.
 

#348 02.01.07   1674wds