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Too Much Discretion
Wednesday, April 3rd, 2013
Robert Wechsler
Preet Bharara, the U.S. Attorney for the Southern District of New
York, said yesterday, in reference to a sting operation that led to
the arrest of several elected officials in New York City and the
village of Spring Valley, NY, “A show-me-the-money culture seems to
pervade every level of government.” However, that's not really the moral of the story.
According to an article in yesterday's Lower Hudson Valley Journal News, which discusses the criminal complaint filed yesterday, Spring Valley's mayor and deputy mayor accepted bribes from an FBI-cooperating developer (including a financial interest in the project) to support its supposed plans for a catering hall and other businesses on a piece of village-owned property. The mayor told the developer that it was up to her to decide who got the bid for the property: “[T]he one that I like I’m going to pick. So, if I like yours, I pick you. ... If I don’t like it you can stick (it) where the sun doesn’t shine.”
In addition, a state senator is said to have promised state funds for road work to help develop the property, and a New York City council member is said to have promised discretionary funds in return for a campaign contribution.
The problem here is not just money but, more important, too much discretion in the hands of elected officials. State senators should not be able to promise state funds. Council members should not have discretionary funds. And mayors should not have a role in approving bids for village property. Money goes to those who have discretion.
Of course, those without discretion do sometimes act as if they had it. It's not clear that the mayor could actually approve the bid. But she and her deputy were able to sway the village board of trustees, on which she and her deputy sit (they are two of five members).
First, a mayor with executive powers (that is, a strong mayor) should not sit on a legislative body. Two, a legislative body should approve sales of city property, but should not be involved in the competitive bidding process for purchase of this property. This should be done according to formal processes by a procurement office or independent expert or body, and personnel should have no involvement in local politics.
Taking discretionary funds and bidding decisions out of the hands of elected officials and their appointees can go a long way to preventing what happened in Spring Valley. Making policy is enough power to give to elected officials. Policy-making officials do not need to hand out funds personally, deal with bids, or do anything else that gives them the power to easily make deals that transfer public money and approvals in return for financial interests, campaign contributions, or anything else.
Robert Wechsler
Director of Research-Retired, City Ethics
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According to an article in yesterday's Lower Hudson Valley Journal News, which discusses the criminal complaint filed yesterday, Spring Valley's mayor and deputy mayor accepted bribes from an FBI-cooperating developer (including a financial interest in the project) to support its supposed plans for a catering hall and other businesses on a piece of village-owned property. The mayor told the developer that it was up to her to decide who got the bid for the property: “[T]he one that I like I’m going to pick. So, if I like yours, I pick you. ... If I don’t like it you can stick (it) where the sun doesn’t shine.”
In addition, a state senator is said to have promised state funds for road work to help develop the property, and a New York City council member is said to have promised discretionary funds in return for a campaign contribution.
The problem here is not just money but, more important, too much discretion in the hands of elected officials. State senators should not be able to promise state funds. Council members should not have discretionary funds. And mayors should not have a role in approving bids for village property. Money goes to those who have discretion.
Of course, those without discretion do sometimes act as if they had it. It's not clear that the mayor could actually approve the bid. But she and her deputy were able to sway the village board of trustees, on which she and her deputy sit (they are two of five members).
First, a mayor with executive powers (that is, a strong mayor) should not sit on a legislative body. Two, a legislative body should approve sales of city property, but should not be involved in the competitive bidding process for purchase of this property. This should be done according to formal processes by a procurement office or independent expert or body, and personnel should have no involvement in local politics.
Taking discretionary funds and bidding decisions out of the hands of elected officials and their appointees can go a long way to preventing what happened in Spring Valley. Making policy is enough power to give to elected officials. Policy-making officials do not need to hand out funds personally, deal with bids, or do anything else that gives them the power to easily make deals that transfer public money and approvals in return for financial interests, campaign contributions, or anything else.
Robert Wechsler
Director of Research-Retired, City Ethics
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