It is said that the Chinese word for crisis consists of two characters — one for danger, one for opportunity. From this we could learn something about New York's ethics crisis.
It gives us an opportunity to reform institutions, to rid ourselves of specific people who violate the public trust and to improve outcomes that affect citizens. It's a danger if it turns into a power struggle that permanently alters the balance of power in our democracy.
First, the opportunity. There's plenty of criminal behavior and plenty of unethical legal behavior going on, and lots of good ideas about what to do. There's a real political opportunity to focus public attention on real remedies. The goal is more than throwing out the crooks and gropers, it's rooting out the things that pervert government and serve private interests.
Now, the danger. The big ethical problems in New York remain legal ones, yet the remedies have nothing to do with an increase in indictments. The evidence of criminality is strong and fascinating. A string of legislators in recent days and governors and comptrollers in recent years have done intolerable things. Note the difference in this description from the current mantra that this is only a legislative problem.
Well, it's not. The real problem with bad ethics is that they result in bad policies that affect our daily lives, schools, taxes, health care, economy, etc. To improve that will require more than scapegoating.
First, reduce the influence of big money, from the left and the right, on policy. Public financing of campaigns, including limits on Wilson-Pakula gyrations, and lessen the growing clout of billionaires on non-election policy debates.
Second, restore the viability of public service. Pay these people in amounts commensurate with their responsibilities. Not just legislators, but commissioners, judges, mayors and all the people who genuinely want to do well by their communities. It's not just about economic survival; it's about elevating the importance we all put on honest and effective government.
Third, look at the evidence. There's a pattern of abuse of legislative member item funding of controlled local organizations. There's no pattern dealing with outside employment by legislators. There's a pattern of big legal money affecting executive and legislative outcomes. The remedies should follow the evidence.
Fourth, restore the constitutional balance between the executive and legislative branches. It's not widely understood, but the phenomenon most closely associated with "dysfunctional Albany" — that is, late budgets — is a constitutional requirement sanctioned by the Court of Appeals.
The Legislature's only tool is delay. It has no power to amend budgets. That's not classical democracy and it's terribly corrosive of the balance of power. An ability to amend the governor's budget proposal will improve both the budget and the Legislature's functionality.
Here's what to avoid.
First, don't turn it into a witch hunt. Be careful of Moreland Act Commissions.
Second, don't focus on the Legislature alone. There's plenty to worry about in the other three branches — executive, judicial and authorities.
Third, be careful of waiting for constitutional remedies. If you want a full-time legislature and much higher salaries, do it by statute. We can't wait three years.
Fourth, the real issue is behavior that's unethical but still legal. Avoid the easy potshot.
There are certainly other practical remedies to consider and plenty of people with opinions. But the temptation to use this to weaken one branch and strengthen others is to be avoided, if we're serious about reform.
Richard Brodsky, formerly a state assemblyman, is a fellow at the Demos think tank in New York City and at the Wagner School at New York University.