New York's ethics system overhaul: Promising within limits

The state’s latest effort to build an effective ethics commission proceeds as planned. With the legislature out of session and incumbents seeking reelection, appointments to the 11-member panel are filtering in.

The record suggests that Albany is never far away from its next big corruption scandal. Ethics issues often takes a back seat amid hot-button conflicts, so structural changes that promise to make this new Commission on Ethics and Lobbying in Government stronger and more independent appear sensible as far as they go.

Over the decade it operated, the predecessor Joint Commission on Public Ethics showed multiple design flaws. Ex-Gov. Andrew M. Cuomo and his loyal appointees clearly had too much to say about what the panel did and how it performed. The new incarnation looks ready to retroactively fix specific issues that marred JCOPE.

To visibly reduce the influence of legislative leaders and the executive chamber, members are picked differently — three by the governor, two each by the majority leaders, one each by the minority leaders, and for the first time, one each by the comptroller and attorney general. They'll serve staggered terms. To better assure members’ integrity, each nominee must be confirmed or rejected within 30 days by an independent review committee comprised of 15 deans of accredited law schools.

The commission’s controls will only be as good as its members. The review committee must interpret its role broadly enough to screen out those whose backgrounds might even hint of political or financial favoritism toward any groups or individuals. We'll learn soon how vigilant the committee's vetting will be.

Information leaks marred JCOPE, as did suspicions about appointees' loyalties. Now, leaks are barred; the commission as a whole must authorize all confidential communication to outsiders.

Before disbanding, JCOPE released a consultant’s report on how it flubbed a big issue — Cuomo’s $5 million book deal. Initially, the authorship was approved with certain conditions. Once a scandal exploded, the panel declared Cuomo “misused the power and authority of his office to create, market and promote for enormous personal profit” a project that involved Executive Chamber and other state staff. But the report found the panel too passive in extracting conditions and information from Cuomo. He and aides prepared much of the book — and talked with publishers — before even seeking JCOPE’s opinion.

Of course, slamming the proverbial barn door after a controversy is easy. It's not as if the next governor elected in November is about to try the exact same thing as far as we know. Future success, however, has to depend on the moral compass of top elected officials in matters of fundraising, contracting, outside income, and lobbying. Rules and careful appointments only go so far.

That advisory opinion is always timely — no matter who issues it.