Governor Walker And Governor Cuomo Fail To Understand That Process Matters


Process matters. 

That is one of the continuing themes of this blog.  Over and over again those two words appear on CP, and get attention as they rise above any partisan division or human rancor that cloud the issues.  Without a firm and established process in government, as in many areas of our daily lives, there is chaos. 

I made a few waves over process while working with Representative Lary Swoboda, and know that regardless of the outcome I was right.  There are always louder voices that will try to out-shout the good-government types, but I stand with those around the nation who know that it is not the end results that matter as much as the means which allowed for an outcome to be reached.

That all may be  boring for many to ponder, but it is vitally important to our democracy that we all claim to embrace.

Be it in state capitols that dot this land, or in any family probate there is one thing that is crystal clear.  Try and circumvent the required process and there is a legal mess.  In the case of New York Governor Andrew Cuomo, and his changes to tax law there may be a political price to pay in future elections as opponents use his methods against him.

Wisconsin Governor Walker tried for a fast end-run around the political process when he sought to undermine and toss aside collective bargaining.  It was a colossal mistake that very well may force him from public office in a recall election.

While there will be less blow-back against Governor Cuomo  there is now a more clear picture of how that New York politician uses power and wields it in ways that makes many queasy.

Gov. Andrew M. Cuomo first notified the public that he wanted to revise New York’s income tax Sunday afternoon, with e-mail sent to the state’s newspapers, offering them an essay in which he mentioned “comprehensive reform of our tax code.”

Just two days later, the governor announcedthat he and legislative leaders had agreed on an overhaul of the income tax; that day, he summoned lawmakers back to Albany, and the next day, Wednesday, he invited them to a party before they had seen the measure or voted on it.

The remarkably rapid progress of the tax revisions — without a single public hearing or town-hall-style meeting — provided the most striking illustration to date of Mr. Cuomo’s policymaking strategy: information is tightly controlled, negotiations are carried out behind closed doors and the debate is limited to just a few people.

The tactics, derided by government watchdog groups and some lawmakers, have proved highly effective during Mr. Cuomo’s first year in office, as he has pushed, against long odds, to win passage of same-sex marriage, a property tax cap, a reworking of ethics rules and extensive budget cuts. And his efforts were rewarded again this week: The Senate voted, 55 to 0, to approve the tax code changes on Wednesday night, and the Assembly voted 132 to 8 in favor of the measure early Thursday morning.

“If you admire pure power politics and accomplishing things, which is what a leader does, you have to give the guy credit for the way he pulls these things off,” said David Grandeau, a former director of the state lobbying commission who now blogs about ethics in Albany.

“You can argue that it’s not good for democracy when we have things done this way,” he added, “but if you really want to be honest with yourself, the greatest form of government to accomplish things is a dictatorship. Democracy is a pain.”

5 thoughts on “Governor Walker And Governor Cuomo Fail To Understand That Process Matters

  1. Patrick

    Wow. Process matters? This must be a sarcastic post. How many hearings were there before the dems raised our taxes a billion last time they had power? Process is just an excuse: everyone knew what was going on, Republicans followed the law. The recall is about WEAC and public unions which don’t like that they now have to earn my dollars instead of just stealing them. That’s all it is. Wrap it up anyway you want, but that’s all it is about.

    In the meantime while the public cries out for leaders who will cut the crap and just solve the problems, here in Wisconsin we attempt to crucify the one who did. The message to future leaders (as opposed to politicians) don’t even bother to try. While you may not like the solutions, the problem was far worse. What did Doyle do? He screwed us, but never a peep from the left about that. Process….BS!

  2. Patrick

    You are the only writer–of note–that sees process as the issue here. The public would never move for recall on the basis of “process.” If there had been a violation of the law–which there was not–that might stir the public, and fairly so. If you believe this is about something more than power–the power of WEAC and the public employee unions, you are wholly unique on this matter. It is not a “fast end-around” that the sheepish union members are upset about, it is that their compensation was cut. I hear it every day. Every day. Of course I always ask how many of their fellow teachers they would rather were laid off, but that usually doesn’t get much of a response. Nobody ever mentions “collective bargaining rights” and certainly not process.

  3. Patrick,

    You are missing the forest, due to the trees.

    At the heart of government is a process of allowing action to take place.

    In the post it was noted that Cuomo did not have one single public hearing on his tax plan, and allowed so little time for the idea to be out in the public square that no one outside of the folks in Albany had any clue what it was all about.

    That is not how the process should work in a Democratic governorship, or a Republican one.

    As far as the post is concerned collective bargaining, in and of itself was not the issue. But the process of how that matter was handled was part of the post.

    When Walker made mention on a Friday in February that he had his idea about unions, and wanted both houses to have it passed and on his desk by the following Thursday, and given that his idea was not a part of the election process in the preceding months so there was no statewide dialogue on the topic that dealt with a massive change, well….that is a problem with the process.

    When a house of the legislature had mere seconds for a roll call so to circumvent all from voting,,,,that is a problem with the process. (When I worked there “all having voted the rolls will be closed” was not a wasteful use of words…they meant something!)

    When not enough time for notification of hearings are held….that is a problem with the process.

    When public hearings are held in spaces that are not designed for more than a small number of people so to diminish press coverage and public input…that is a problem with the process.

    Apart from the union measure I have concerns with the process when.…

    …elected officials get phone calls from a lobbyist prior to a hearing (lets say about plastic pipes in construction projects) and pump for campaign cash so that the ‘correct’ outcome can be assured…that is a problem with the process.

    ….members of a powerful lobbying group write legislation….that is a problem with the process.

    …when public hearings are held on bills prior to a fiscal note being attached…that is problem with the process.

    As I noted these are boring things to most people. I get that. I also get the fact that without a process there is no way to have a functioning government.

    What has happened in Wisconsin this year, and that which is now playing out likely well into 2012, is in large part due to a process that was not followed by those who thought power plays and speedy actions were the best way to make change.

    Government works best when a deliberative process is followed. Those who fashioned the government in a way to make it slow to make changes did so for a reason. And if not slow than clearly with a series of steps that must be followed in order.

    Finally, if what you took from my post was somehow a narrow argument about the actual issue of collective bargaining then I really missed connecting with my readers on this one.

  4. I don’t know who you are Patrick, but I do know that process matters to many of us. And the Republicans in our legislature and statehouse have decided that process and rules don’t apply to them, because they hold the majority.

    Well, that’s not the case in a democracy. Just as we learned as children, you don’t change the rules in the middle of the game. Process DOES matter, because it lets everyone be heard. DUE PROCESS protects your rights in criminal prosecution, employment law, and numerous other areas where your rights may be infringed.

    The recall is about a governor elected by 26% of the voting public trying to sell out Wisconsin to corporate interests at every level, and doing it by avoiding normal legislative processes which would temper that. It is way more than collective bargaining, Patrick, way more.

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