AN OPEN LETTER TO THE MEMBERS OF THE NEW YORK STATE ASSEMBLY

NEW YORK, NY (01/27/2015)(readMedia)-- January 27, 2015

AN OPEN LETTER TO THE MEMBERS OF THE NEW YORK STATE ASSEMBLY

We write to offer our recommendation for how the Assembly should proceed on consideration of a new Speaker; if media reports that the Assembly is considering changing its Speaker are accurate. If so, such a change would be the first in many years.

As you know, Article III, section 9 of the state Constitution establishes the office of the Speaker of the Assembly. The Speaker has vast institutional powers, both in the rules of the house and in law. For example, the five seat Public Authorities Control Board (created pursuant to Sections 50 and 51 of the Public Authorities Law) requires that prior to entering into any project-related financings eleven statewide public authorities must receive a resolution of approval from the PACB. The Speaker is one of those five members. In addition, Article IV, section 6 of the state Constitution places the Speaker in the line of succession for governor in the event of a vacancy. Thus, the office of Speaker is one with truly statewide dimensions and impact.

Accordingly, given the importance of the position, as well as the circumstances of the change, we believe that the Assembly should create a defined and more open process for selection of the next Speaker, which would include an open public forum for candidates for Speaker to describe how they are the best choice for the position and a specific date by which the process would be concluded. We recommend that the Assembly require candidates to publicly confirm their interest in the position and hold an open hearing for announced candidates to testify publicly before an Assembly committee on their qualifications and the vision that will guide them as they do the job. We believe that such a hearing should occur within one week's time and that a vote should be held shortly thereafter.

There is precedent for such a process. When the state Comptroller's position became vacant in 2007, the Legislature held open hearings for announced candidates to discuss publicly their views and to answer questions. This open forum created a valuable opportunity for legislators to assess the candidates and focused the public's attention on the importance of the role of the office in state government. Though the Speaker is not an elected statewide post like the Comptroller, as mentioned above the position holds significant power in making laws and spending taxpayer dollars affecting every New Yorker.

Our organizations strongly believe that democracy demands openness. Backroom dealing and secrecy undermine public confidence and breed public cynicism and apathy. Public confidence in the Legislature is a cornerstone of public support for lawmaking. Public distrust of the legislative process erodes democracy. Setting a more open process and offering a public forum for candidates for Speaker is important in helping to build public trust in the Assembly, an especially important public interest given the situation in which the Assembly currently finds itself.

Sincerely,

Lawrence Norden, Deputy Director, Democracy Program, Brennan Center for Justice

Dick Dadey, Executive Director, Citizens Union

Susan Lerner, Executive Director, Common Cause/New York

Blair Horner, Legislative Director, NYPIRG