Pay-to-Play - Bergen Record - Ferreiro attacks regulation

Published in the Bergen Record, Thursday, August 30, 2007

Ferriero support of pay-to-play stuns Democrats

By CHARLES STILE
RECORD COLUMNIST

Joe Ferriero has never disguised his disgust for New Jersey's pay-to-play bans on campaign contributions.

Bergen County's top Democratic power broker would love nothing better than to watch a judge cut those restrictions to ribbons -- much like the way he swiftly diced a pair of poached eggs at a Hackensack diner on Wednesday.

"I have made it known to party leaders of my intention to challenge the constitutionality of pay-to-play [restrictions]," he said, referring to his plans to file a lawsuit in federal court, possibly in two weeks. "No one in any way has tried to dissuade me from doing this."

That's probably going to change. And quickly.

Nervous Democratic Party officials are furious, puzzled and privately ambivalent about Ferriero's attack on pay-to- play limitations, the crown jewel of the Democratic Party's ethics reform platform.

Ferriero's legal jihad defies every fundamental law of campaign politics, they say. Why would the wily political strategist and his legal counsel, Dennis Oury, openly talk about such an idea -- let alone draft a lawsuit -- just as the scandal-battered Democrats hit the campaign trail to try to maintain their tenuous control of the Legislature?

Sure, he has a point, some say. Many remain furious at Jim McGreevey for imposing an executive order on pay-to-play one month before the ethics-challenged governor left office in disgrace. McGreevey's last-ditch attempt to restore his name deprived his party of thousands of dollars

in contributions from professionals -- from lawyers to engineers to architects -- who do business with state and local governments.

Some even believe it's time to have a full debate over whether those contractors' First Amendment rights are being violated by pay-to-play bans.

But now?

Democrats know they are about to be painted as comrades of a corrupt party machine that produced Sens. Sharpe James of Newark and Wayne Bryant of Camden, both indicted on federal corruption charges. They are also the party of Ferriero protege Joe Coniglio of Paramus, who is in the crosshairs of a federal probe. And that's just for starters -- expect some opponents to roll out a McGreevey-era roster of rogue fund-raisers and friends.

So about the last thing Democrats want or need is to have Ferriero and the Bergen County Democratic Organization, which derived its power from an aggressive pursuit of contractor cash, trying to dismantle the new laws.

Tom Wilson, the Republican State Committee chairman, is already hatching a strategy: If Ferriero sues, he says, the GOP will challenge every Democratic candidate to take a position on the lawsuit. If they oppose it, he will call on them to return all BCDO contributions. (And the organization has been very generous in the past.)

Then there are the headlines such a lawsuit would generate. Think of how easily GOP strategists can cut and paste those screamers into campaign ads.

"All of us know that those statutes have turned good people from government,'' said Joe Cryan, chairman of the Democratic State Committee, striking a diplomatic tone. "However, our party is best served by our record of accomplishment, including ethics reform and the culture-changing Clean Elections campaign."

News of the suit, first reported in this column Tuesday, also reopened the public rift between Ferriero and his Bergen County nemesis, Sen. Loretta Weinberg of Teaneck, who has beaten back two challenges by his handpicked candidates. She and her running mates fired off a letter to Ferriero and the BCDO, criticizing him for pursuing the suit without input from county committee members. In other words, this was yet another example of Ferriero The Boss, a label he vehemently rejects.

Weinberg, who sponsored a key pay-to-play law in 2005, called opposition to it "bad government, bad politics and bad timing just before an election."

Governor Corzine is also less than enamored with the prospect of a fight.

"The governor is not going to support the lawsuit,'' said Lilo Stainton, his spokeswoman, adding: "He's more concerned with the potential corrosive effect of campaign cash than the possibility of debate within the Democratic Party."

Apparently stung by Weinberg's criticism, Ferriero said Wednesday that he will survey BCDO leaders, either through an executive committee meeting or by phone, before deciding whether to move ahead. But he remained unapologetic about his disdain for the laws, which he described as "unconstitutional and totally unnecessary."

He rejects suggestions that the bans are needed to halt the practice of rewarding donors with lucrative government spoils. Reformers argue that the practice inflates the cost of government, drives up property taxes and drains public confidence in government.

"It's an absolute absurd assertion to say that because people contribute to an election that it increases the costs,'' Ferriero said. "And I would defy anyone to prove that."

He added, "Contracts are not awarded in a vacuum. They are awarded in a public meeting subject to the scrutiny of the public and the press ... to determine whether the professional is qualified -- and what those rates are."

Ironically, Ferriero might find a sympathetic federal judiciary. The U.S. Supreme Court struck down a strict Vermont campaign finance law last year, and justices recently expressed disdain for the McCain-Feingold reforms on campaign advertising during oral arguments in a Wisconsin case.

Maybe that buoys confidence for Ferriero's prospects in a courtroom. It provides little comfort for Democrats defending themselves on the campaign trail.

E-mail: stile@northjersey.com

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(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)

Pay-to-Play - APP - Editorial: Limited at last

Published in the Asbury Park Press, Saturday, August 11, 2007

[Editorial]
Pay-to-play limited at last


Monmouth County's Board of Freeholders on Thursday effectively said to the state Legislature: OK, your turn. The freeholders unanimously passed pay-to-play restrictions and a curb on wheeling, outdoing the state's weaker reforms.

The freeholders did the right thing in backing the proposals from a committee that toiled for months to come up with measures that block the ability of contractors and other professionals to win lucrative public jobs by wooing politicians with hefty campaign donations.

Kate Mellina, a county chairwoman for the good-government group Citizens' Campaign, said the rules approved Thursday "set a standard for the state." We're glad to see Monmouth County join the many municipalities and one other county that are showing up the Legislature by passing stricter, more comprehensive, campaign finance reform measures. Political contributions from anyone seeking county work will now be capped at $300. To limit wheeling, candidates can't accept a contribution from another county's political party in excess of $2,600 per election.

The Democratic-controlled Legislature has failed to take the lead on pay-to-play, often saying they want to see what the counties and towns do first. That's a flimsy excuse. But one by one, towns and now counties are taking them up on it. We hope Monmouth County's actions will help shame Trenton's Democratic legislative leaders into doing the right thing, moving the strictest of the pay-to-play bills through the Statehouse and onto Gov. Corzine's desk.

Monmouth County's effort wasn't smooth — and should have been finished long ago. Some political shenanigans put a few forks in the road, including an effort in June to scuttle the work of the bipartisan committee in favor of weaker measures promoted by Republican leaders. But as one resident told the board Thursday, "at the end, you did the right thing. You showed some outstanding leadership."

Pay-to-play is a form of legal bribery where donations result in government contract prices that are inflated to cover the cost of those donations. That political game ultimately costs the taxpayers — a lot. Wheeling plays games with disclosure efforts as political contributions are made to out-of-county campaign funds, then wheeled back in to hide the identity of the original donor.

Monmouth County has tossed the ball back to Trenton. We'd like to see Ocean County get in the game, too, as well as the remaining municipalities that are still waiting for Trenton to act. There's no reason why that has to be an exercise in futility.

Link to online story. Archived here.

(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)

Pay-to-Play - APP - Monmouth County OKs restrictions

Published in the Asbury Park Press, Friday, August 10, 2007

County OKs pay-to-play restrictions
Sweeping reform hailed as a model for state

BY BOB JORDAN
FREEHOLD BUREAU


FREEHOLD — Sweeping pay-to-play and campaign-fund wheeling reforms were enacted by the Monmouth County Board of Freeholders on Thursday night, drawing bipartisan praise and the endorsement of the Citizens' Campaign good government group.

The group's members had attended county meetings for months and pushed for the changes, which will take effect Sept. 1. Other residents — about 50 people attended the board meeting at the Hall of Records — also said they welcomed the resolution, which was unanimously passed by the freeholders.

Howell resident John Lebrio told the board he has "been a staunch advocate for these types of changes in Howell, to no avail" and also noted that in recent years requests to county officials to take action "fell on deaf ears."

"I'm glad to see we've done a complete turnaround," Lebrio said.

Ocean Township resident Kate Mellina, who has addressed the topic at various board meetings during the last 22 months, told the freeholders that they've "set a standard for the state. I hope the municipalities follow."

The rules cover pay-to-play restrictions for professional service contracts and "extraordinary unspecifiable" service contracts, capping political contributions for those seeking such work at $300.

Also, wheeling money into Monmouth County elections is curbed: No candidate for county office shall accept a contribution from another county's political party in excess of $2,600 per election, according to the resolution.

Other highlights of the measure: contributions to a political party committee or municipal party committee count against the limit; there are restrictions against business entities seeking government contracts; and public disclosure
statements must be filed at least 10 days before the awarding of a contract or an agreement to procure services.

Not an easy journey

Republican Robert D. Clifton, Democrat Barbara J. McMorrow, county administrators and representatives of Citizens' Campaign — for which Mellina serves as a volunteer county co-chairwoman — had worked on different drafts of the
legislation since an action committee was formed at the start of the year.

McMorrow took office in January, becoming the first Democrat to serve on the board since 1989. Mellina said, "I do believe the rivalry thing, having the kid from the other side, helped this."

McMorrow said: "The journey has not been an easy one. There have been detours and bumps. But we got there. The pay-to-play portion of this resolution is tried and tested."

McMorrow said new rules on who the county purchases services and items from are so strong that Citizens' Campaign "is considering adding them to their model ordinance."

Clifton said Mercer County was the first county to pass a pay-to-play resolution and Atlantic County introduced a measure last week.

Clifton said, "We believe ours will go far beyond what the state has. We hope all the counties follow suit."

State law bans contracts over $17,500 from being given to a business that made a donation to the elected officials awarding the contract, or their political party committee, unless they are awarded through a "fair and open process."

Freeholder Lillian G. Burry said, "We are making history with the passing of this pay-to-play legislation. It would never occur without the tenacity and concern of the citizens."

Ball in state's court

William C. Barham, the freeholder director, said state legislators "should take notice."

"I call on all the legislators to stop the nonsense and stop wheeling all the money around, because we all know what's going on," he said.

Another Howell resident, John Costigan, agreed pressure should be put on the state government to move to tougher reforms.

"We should all go to Trenton. We should start at the top. I'm glad to see we're doing a great job in Monmouth County," Costigan said.

Jeannette Mistretta, a Freehold Township resident, said there had been much political interference while the legislation was being drafted. On one occasion, the work committee's draft scheduled for introduction on June 28 was scuttled and replaced by a version favored by GOP leaders.

"There were lots of shenanigans that went on at the last minute," Mistretta said. "But at the end you did the right thing. You showed some outstanding leadership. I want to thank you."

The resolution states that "substantial political contributions from those seeking to or performing business with the county of Monmouth raise reasonable concerns on the part of taxpayers and residents as to their trust in government contracts." The document goes on to note that "counties are authorized to adopt by resolution measures limiting the awarding of public contracts to business entities that have made political contributions."

Bob Jordan: (732) 308-7755 or bjordan@app.com

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(In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. Plainfield Today, Plainfield Stuff and Clippings have no affiliation whatsoever with the originator of these articles nor are Plainfield Today, Plainfield Stuff or Clippings endorsed or sponsored by the originator.)