Role of Government

There Ought To Be Sunlight on Non-Profit Organizations

One thing that concerns me is the lack of transparency for all not-for-profit organizations that are involved in influencing government polic or representing themselves in front of government agencies.

While all not-for-profit organizations must disclose how they spend their money, at least on an yearly bases on publically avaliable IRS Form 901, they do not have to disclose individual donors, or the amount each donor gives. In many cases, through the advocacy and other works of not-for-profits, substantial government lobbying and political influence is given by the organization, yet few actually know who is funding the organization, or what the true rational for the organization’s actions.

Round Mountain

If persons are afraid to give to not-for-profit organizations, for fear of disclosure, then they should not give. Not all not-for-profit organizations serve the public interest, as many spend a substantial amount of their funds advocate for policies that are highly detrimental to the public interest. Likewise, there should be public pressure on not-for-profit organizations avoid taking donations from corrupting sources of funds.

A great deal of advocacy on behalf of major corporations takes on behalf of citizens groups. Many cases, grass roots efforts are amplified by large corporate donations, but nobody really knows where the money comes from, except that they report large donations as being a key to sustaining their organization. For sake of openess, all not-for-profit organizations should have to disclose all donations and where they came from.

Urban-Rural Interface for State Boundaries?

Would government be effective if urban areas and those areas in the urban sphere of influence such as the suburbs where separate from truly rural areas, where residents rarely go to city? By definition, the urban-rural interface is the border between the lands within a practical commuting distance for the productive non-farming rural resident and the rural resident who rarely interacts with the city.

As I’ve written many times in the past, urban policies being applied to rural areas rarely make sense, as do rural policies applied to urban areas. The conflict between the rural and the urban is best mitigated by creating and having two separate and sovereign governments, while allowing them to come together for questions of national and international policy, for things like nation defense, transportation infrastructure, and large-source emitters’ pollution control.

Juneteenth 2022 Weekend

Political districts currently are based on haphazards of history or attempts at gaming the political system and not geographic reality. Large regional governments in urbanized areas and their spheres of influence would be far more effective at addressing the large problems of day from transportation to materials recovery or disposal. Moreover, the linkages between two urban regions of similar size (such as Syracuse Urbanized-area and Albany Urbanized-area), are far closer in many ways then a single county (Albany County’s Urban Sphere of Influence versus those areas in extreme western-portion of Albany County outside of Urban Sphere of Influence).

Urban areas really like their new found power since the awful 1964 ruling in Reynolds vs Simms, that mandated both houses of a legislature be equally proportioned, and banned the upper house (ie. Senate) from being based on geography, giving rural areas limited voice in the process. Urban and more liberal constituencies are unlikely to give up their dominance in the process, or allow more rural areas to have sovereignty, because it’s fun to boss around people you disagree with.

While maybe politically impractical, giving urban and rural areas complete sovereignty in their own matters would solve a lot of problems, and create policies more appropriate for their constituencies.

Is Local Government Pointless?

There are something like 965 towns, cities, and villages in NY State, along with 64 counties. All of them have elected officials, and civil servants providing mostly state and federally mandated services.

Autumn

The question is why do we even have local government anymore?

Nobody questions that the services of counties and towns are important, but in many cases they duplicate what the state currently does. Few governing decisions are made locally anymore. Most local government decisions are made with significant state involvement or influence, in the form of state regulations, state permitting, or in many cases actual laws passed by the state.

Local governments have a lot less freedom to make decisions that many pretend. All are highly dependent on state to go along with them. Most so-called local decisions are essentially decided at the state level. Local governments like to pretend they have significant control and power, but the reality is as creatures of state, and due to economic competition by surrounding towns, they are essentially powerless to decide their futures.

Albany in July

Local government is an idiom of an earlier era before modern communication techology, and modern transportation. Local government is from an era of horse and buggies. Local government tends to be stocked with well-connected political families and patronage. Local government tends to be totally ineffective, in an era when regional and indeed nationwide planning is needed, when any local decision can have vast impacts far beyond it’s own borders.

In a modern technocratic era, local decision making makes little sense, and squanders important public resources.

Home Rule vs Dillon’s Rule

There are two categories of state governments as it relates to local governments:

  • Home Rule: States that give local governments wide latitude to decide which policies are appropriate for their communities
  • Dillon’s Rule: States that give limited powers to local government to make decide which policies are appropriate for their communities

5 Percent

No states fall clearly in on category or another as it’s more of a continuum then definite categories. Indeed, when states choose how much to empower local governments they must consider a variety of factors such as:

  • Impact of one town or city’s decisions on surrounding communities
  • Citizens that travel through one community or reside their temporarily for work, recreation, or other activities, but due to lack residency have no voice in that government
  • Involvement and awareness of a community’s citizens in governments
  • Fairness between wealthier and poorer communities
  • State-wide goals for various programs

25 Most Densely Population Municipalities in New York State

Certainly some things really ought to be decided on a local level, under Home Rule, by an informed citizens and their representatives:

  • The rate of property taxation and structure of fees paid exclusively by local residents and businesses
  • The level of government services provided to local citizens and businesses
  • The design and management of local service roads and streets
  • The creation of local laws and policies, as long as much local laws and policies are made clear to visitors using signs or other documentation

Fountains

On the other hand, there is a compelling case to reserve some powers to states under Dillion’s Rule to ensure fairness both to local residents and more importantly, largely voiceless visitors to a community.

  • A state bill of rights must exist to ensure that local governments both treat their citizens fairly, and most importantly visitors to the community fairly
  • Local laws need to consistent enough so that visitors know what to reasonably expect when visit a community and require
  • Inter-community highways need to be regulated by the state to promote the quick and convenient movement of goods and people.

e-FOIL Your Government Monthly

Could 15 minutes a month make a big difference in how your government is run and allow you to make informed decisions about government policies? With New York’s Freedom of Information Law (FOIL), and a quick email off to your government officials, you can make a big difference.

Under Article 6 of the Public Officers Law, any person can request almost any government document using a quick email to the Records Access Officer that every state agency and subdivision such as counties, cities, towns, public authorities, public corporations, and school boards keep. You can request meeting agendas, meeting notes, email sent from government accounts, studies, maps, word documents, GIS Shapefiles, databases. While there are some exceptions to this law, the reality is most government documents are public property, and can be received through FOIL.

How Most New Yorkers View State Government

To send a FOIL request, you simply need to …

1) Figure out what your interested in. It helps to know what format the records are stored in, such as Word Processor Documents, Spreadsheets, Email, Database, GIS Shapefile, PDF. You also should try to make the best guess where the data is from, and describe it as possible. You have to accept records in whatever format stored by the agency as they are not required to convert or summarize the record, meaning you need to accurately request what they have or risk being denied access.

2) Go to agency’s website your are interested in, and try to find the Records Access Officer or FOIL request officer or other email. Typically emailing the highest level official in the agency is acceptable if no FOIL information is listed.

3) While not every agency accepts emails, but any that has a capacity to e-mail must accept requests in that format.

4) Write a very quick and simple email to the agency saying:

Dear Records Access Officer:

Under Article 6 of the Public Officers Law (NY Freedom of Information Law), I am requesting the following records:

  • Any and all emails sent from Commissioner John Smith jsmith@example.state.ny.us from April 1, 2011 through May 1, 2011 with the words “solid waste management” in the body of the email.
  • The Microsoft Excel spreadsheet, relating to revenue received through recycling programs. I am requesting the April 2011 numbers, as prepared by Solid Waste Specialist Deborah Smith.

Thank you. If you have any questions or need clarification, please email me at joe@example.com.

It’s that easy. You will get a receipt of your request within 5 days. Within 35 days, you will receive the requested documents or reasons for denial of such requests under the limited exceptions of NY Freedom of Information Act. You have the right to appeal such a denial to the records appeal officer, which you should be notified of whom it is when such information is denied. The Committee on Open Government offers advisory opinions to help you understand the law, and cite case law in your response.

I really encourage you to get into the practice of regularly writing FOIL requests. With e-mail it’s easy, and it keeps your elected officials and public servants on their toes. Receiving even one request for information perks up their ears, and more requests makes them realize that the public is keeping a watchful eye over them. Moreover, the records you will receive are both interesting and informative, and allow you to make better comment over public policies in the future.

 Abandoned Firetower Cab

You can be the hero that saves democracy and get lots of fun government documents for free to your email!

Term Limits

  • Term limits put fresh blood into office.
  • They allow voters real choice in electing officials.
  • They allow for primaries to help select both party’s candidates.
  • You create a wall between lobbyists and elected officials.
  • They unprofessionalize legislative bodies.

Capitol

Fresh Blood. When you prevent a person from spending a life time in office, it allows new people to serve in the office. New people have fresh ideas.

Real Choice in Elected Officials. People say that term limits prohibit people from choosing who they want to vote for. Yet, we know elections with incumbents are rarely a series of fair choices. Incumbents use their official duties to curry support with special interests, ensuring that they almost always win.

Legitmate Primaries to Select Both Parties Officials. There are rarely legitimate or even competitive primaries against incumbents. Incumbents enjoy so much financial support from the special interests and political parties, that most challengers can not unseat them.

Create a Wall Between Special Interests and Elected Officials. With long-term incumbents, they have much more time to get to know and trust special interests. With long-term incumbents, they are much more likely to have served in office the same time as the people who are trying to lobby them.

Unprofessionalize Legislative Bodies. While you probably want your denist or automobile repair shop technician to a professional, you don’t really want your politician to a be professional. You want people not to be stuck in their ways, and to try innovative things. Leave it to the professional and non-political bureaucracy to implement things.

Socialism

A common rallying cry these days from the Republicans is that the Democrat’s programs are socialism. They fear government-imposed equality that will deprive individual choice and the freedom to live one’s life as one chooses. The reality is that logic is faulty in a modern-era with big businesses staffed with lawyers that abuse the most basic principles enshrined in our laws.

Good government policy does not impose socialism or deprive choice. Instead, it protects and enhances the individual’s ability to make choices. People are allowed to make good choices based on accurate information thanks to government regulation. Government ensures that there is a basic level of quality or safety in the products they buy and use. It also protects sellers of products to ensure that they receive the compensation they are due, and labourers their pay.

Delaware Avenue After A Fresh Snow

Neither of the major political parties is advocating forced equality. What most Democrats want is to provide accurate and truthful information to consumers, and ensure that they get ensured a basic quality of life. Democrats don’t want to force people to one equal standard of living, but they do want to ensure that nobody is deprived basic healthcare or the ability to make ends should a terrible life event happen such as a job loss.

I don’t want the government telling me how to live my life any more then the next guy. Yet, I believe government can regulate businesses to ensure fairness without infringing on my personal choices. What one does to make money is fundamentally different then what one choose to do on their leasure time.