Having offered the Governor a cool glass of lemonade (i.e., “Rules Reform”) to slake his thirst for something – anything – other than “Travelgate,” “Spitzergate,” “Planegate” or whatever other clever “gate” the media can concoct in our post–Watergate era, it was pointed out that there might be something missing – i.e., “sweetener”. Well, sweetener in the sense of – “What’s in it for Joe Bruno and Sheldon Silver?”

What interest do they have in disarming? How does it serve them? And, how does weakening themselves and purportedly strengthening the governor help them? How does it play out?

Basically – what’s their motivation? To begin – both Senator Bruno and Speaker Silver admit that the Legislature needs to do something to restore the public’s confidence in institution. It is one of the reasons they passed rules changes in 2005 and 2007. After the ’07 changes Joe Bruno stated that, “these reforms are the first step, not the last, in our overall government reform effort.” Not to beat a dead horse, but read the City Bar’s report - http://www.nycbar.org/pdf/report/Committee_on_State_Affairs.pdf .

So, the first answer is – they have already admitted reform is an ongoing issue. Okay, so holding them to their word isn’t the most solid reason – see, the new Comptroller. So, what really motivates politicians? Votes, money and media. Hey, it’s not an indictment – try being an elected official without them. Of course, there is also power. In the current context only votes and power are really applicable.

As to votes it’s all about re-election and voter interest/anger/dissatisfaction, etc. Clearly the Brennan Center Report and Albany Reform Coalition (ARC – with 83 groups statewide) in 2005 sparked the first real run at rules reform. In 2006, the Brennan Center’s update and Reform New York coalition (with approximately 90 groups statewide) brought another wave at reform in 2007. Earlier this year 47% of Daily Gotham readers, responding to a poll, said that Rules Reform was their number #1 issue!

So, instead of having to wait until January of 2009 –Rules Reform remains ripe and germane for consideration now, specifically in January of 2008. How does this help/hurt Bruno and Silver?

First, Rules Reform abolishes the “three men in a room” paradigm – which is how we got here (more on that below). Abolishing three men in a room means Bruno and Silver will no longer be able to ride to the rescue at the end of the movie and save/ruin the day – exercising their 1/3 prerogative. Case in point, the Speaker’s nullification of the West Side Stadium deal. However, this does not mean that they will be powerless. Are Nancy Pelosi and Harry Reid powerless?

In the end Rules Reform does four good things – which is what’s so incredible because it could only have happened by accident. First, it gets rid of three men in a room; second, it creates a fully functioning and accountable legislature (down to the rank and file membership); third, it creates the mechanism for enacting other reforms, such as those supported by the Reform NY coalition and others and; fourth, it saves the day for the Governor. Okay, how about helps change the subject?

So where and how does the governor and this 212>1 stuff fit in this mix? In short, without three men in a room the Legislature is no longer represented by two individuals, rather, it meets the governor as an equal branch of government, all 212 members. The way it is done at the federal level and in every other state in the union, except Nebraska which is unicameral – go figure.

Okay, but it’s still three men in a room here in New York because the Senate is Republican and the Assembly is Democratic. Yes and no. If the reforms suggested in the City Bar report are enacted, the Legislature will look and be forced to act as the Congress and other legislatures have done when they were presented with the same situation. In short, real conference committees will broker compromises on bills.

The governor does not gain power in this deal because instead of being able to triangulate (i.e., divide) his adversary, he has to deal with it one on one - and in this case the one is 212 strong. In the end, what the governor, Speaker and Majority Leader have to give up is a little limelight.

This is their price for this latest fiasco that proves three men in a room does not really work. In return, the Legislature gains strength as a whole, there is a reduction in the politics of personalities (vis-à-vis the current 3-way dynamic) and the governor, by switching the topic to Rules Reform, can demonstrate that he is willing to adapt and return to the Fundamentals of reform, which is what he ran on last year. Finally, the governor does not lose power – rather, instead of only working out a deal with either the Speaker or Majority Leader, he can now create new and imagine this, possibly bi-partisan coalitions in the Legislature to support his or their legislation. The only other way to get a sure winner like this is to consult that ref from the NBA.

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