Rain Spoils Golf Outing,
Then 'Longtime Lobbyist'
Complains of Shakedown

 

By Henry J. Stern
August 18, 2008

One problem we face in cleaning the Augean stables of Albany is that wrongdoing exposed by one newspaper is often ignored by other media.  This is part of human nature; reporters do not like to follow up on stories which have been broken by their competitors.  They could reasonably be asked by their editors: why didn't you get the story first?

The problem with this fragmentation in reportage is that even if the accusation is serious and the wrongdoing or wrongspeaking significant, the attention it receives will be limited, and the story is unlikely to be followed up.  The defense strategy of smart bad guys is to say nothing about an embarrassing matter, and let the story die on its own.  Often reporters are more competitive with their own colleagues than they are disturbed by governmental misconduct.

An article on p2 of today’s Post is startling if the statements reported are true.  The story, by Fred Dicker, the paper’s state editor,  is headed ALBANY $QUEEZE PLAY, Top Dem' 'Threat' Shocks Lobbyists.  This is Dicker’s lede:

"Senate Minority Leader Malcolm Smith told a conclave of lobbyists in Kingston (N.Y., not Jamaica) last week that their  clients would be shut out of a Democrat-controlled Senate in January if they didn’t pony up large contributions now, a "shocked" longtime lobbyist has told the Post." 

A major problem with this story is the anonymity of the source, whose tale has not yet been corroborated by any other listener to the alleged threats. You can link to the story here, and weigh its crediblity.  We felt the additional allegation of an “inappropriate and unprofessional” sexual innuendo was overblown, that Smith was obviously joking, and not at the expense of any individual or gender.  A more serious allegation of sexual misconduct in the article, made by the miffed lobbyist, is  irrelevant at this time, and makes his substantive attack on Smith appear to be the expression of a personal grievance, with a possible racial component.

The event was a Senate Democratic fund raising golf outing at a private course, Wiltwyck.  About 75 lobbyists showed up. The Post reported that they had paid up to $75,000 each.  This is literally "pay to play," which is normally a figurative expression.  It would seem that other newspapers could pursue the 75 lobbyists who were said to have been present. Either they were not asked, or they do not have the bits to speak even anonymously.

The Wiltwyck event was not the same as the famous Apalachin crime convention, also held in upstate New York, in 1957.  It had, however, some resemblance to the meeting a half century ago, which was broken up by Sgt. Edgar Croswell of the New York State Police, of all agencies.  You should link to it if you are too young to know the history, that was an important day for law enforcement.

Assuming that the purpose of Malcolm Smith’s remarks was to put the squeeze on lobbyists, exactly how inappropriate was that?

If it had been expressed with greater delicacy, or simply was implicit because of the invitation, location and admission fee, would that have been any better?   Esthetically yes, but Mr. Smith is given to plain talk (that is what gets them on the wiretaps), even if it ruffled the feathers of his anonymous detractor. If these lobbyists had been contributing to Senator Bruno, his predecessors and the Republican majority for 43 years, is it unreasonable to let them know that the times, they are a changin'?

The Democrats are the new kids on the block with their hands extended, ready to receive the payments the lobbyists make to remain on the good side of the old leadership. Their grace and favour is important to their clients, who in turn may represent a host of good causes, many in the public interest, or their clients may create jobs and tax revenues for New York State.  These corporate, labor or health spokespersons were unfortunately compelled to pay a fee, a tip, a tax, a levy, an impost, a surcharge, perhaps a lagniappe, in order for their matters to receive the consideration by the State Senate that they justly deserved, and to prevent legislation invidious to their clients from coming to the floor of either house.

Should the clients whom these veteran Albany hands represent be victimized by regime change?  And what better place than a golf course, in the company of other gentlemen, to enjoy beverages which lighten the spirit.  Unfortunately it rained, the golf was cut short, and supper served early.  On top of that, “longtime lobbyist” rained on the meeting by spilling his guts to Fred Dicker under the reporter's proffer of anonymity.

We have been writing about this event in a somewhat jocular manner, because it has some ludicrous elements, the injudicious remarks of the minority leader, the designation by name of Senator Klein, the enforcer, the blatant and illegal threats of legislative revenge for failure to pay through the nose.  We are reliably told that the same thing happened, in reverse, when George Pataki was about to defeat Mario Cuomo in 1994, and lobbyists who supported Democrats were put on notice that their co-operation or their reluctance to contribute in advance of the election would significantly affect their relationship with the prospective Republican administration.

Although some relationship between money and politics is inevitable, and possibly not undesirable, the arrogance of the elected officials and the compliance of those who prosper by their goodwill really present a disgusting picture.  It is no wonder that New York State has been cited as having the most dysfunctional legislature in the United States. The expected transition from Republican to Democratic rule is not likely to make the situation much better.  It will most likely simply provide another set of pockets to be lined.

History and Geography

BTW, Kingston, a city on the Hudson River some sixty miles south of Albany, had 23,456 residents in 2000. It was the capital of New York State from 1777 to 1797. Then the seat of government moved upriver to Albany, which is close to the confluence of New York State’s two great rivers, the Hudson and the Mohawk

You should know that Ezra Fitch (1866-1930) practiced law in Kingston before leaving in 1900 to join David Abercrombie (1867-1931) in his outfitting store in New York City, which had been founded in 1892. Fitch bought out his partner in 1907. The store, in 1910, became the first in New York to sell clothing to both men and women.

#490 08.18.2008 1089wds



Henry J. Stern starquest@nycivic.org
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