Soft Money Rudy

Giuliani busts city and federal campaign limits on his way to possible senate run

As someone whose work as United States Attorney laid at least some of the foundation to this [campaign finance] law by the exposure of municipal corruption, I am a very, very strong advocate of it. . . . I believe that it is demonstrable that public officials in New York City very, very often the last 10 or 15 years were incapable of making decisions in the public interest because of the huge amounts of money donated by some. . . . We have to explain to people that, in fact, their generally held notion that you can buy and sell politicians actually does happen, has happened, and will continue to happen if we don't have laws intervene to try to create limits."

Rudy Giuliani, in a 1991 appearance before the NYC Campaign Finance Board

Sixty-five contributors to Giuliani campaign committees last year exceeded the $4500 Campaign Finance Board ceiling, donating $271,116 more than they would legally be allowed to give if the mayor was still abiding by the law he helped create. Most of the donors do business with his administration.

The gifts break no law because the mayor, who is barred from seeking a third term, has no committee currently registered with the CFB, and is instead fundraising through three committees: a federal candidate committee, a federal political action committee, and one state committee. Though he once denounced high state contribution limits as "lawless," in sharp contrast with what he said were "sensible" city restrictions, he actively solicited the $20,000 in individual donations permitted under state law in 1998, as well as the maximum contributions applicable to his two federal committees. As New York Public Interest Group watchdog Gene Russianoff put it to the Voice, "He could voluntarily agree to abide by city limits."

By accepting every allowable donation to each of his three committees, Giuliani has raked in up to $26,000 from some individuals— like real esate magnate Bernard Mendik, who leases office space to a variety of city agencies. That flies in the face of the onetime prosecutor's years of railing against the influence of big money. It also undermines the city's celebrated campaign finance system, which was intended to insulate mayors and other city decision makers from the perception, if not the reality, of "quid pro quo" relationships with donors by sharply reducing the amount anyone could give.

City Council Speaker Peter Vallone became the first city official to grossly exceed CFB limits, adhering to state guidelines when he ran for governor last year. Should Giuliani run for senate, however, he would fundraise outside the limits for three of the four years of his term, in contrast to Vallone's 10 months. Giuliani's advisers say he's seeking $10 million, while Vallone raised half that. And not even Vallone has anything approximating the power of a mayor to handpick the beneficiaries of municipal favor.

This assault on the intent of the campaign finance laws has been coupled in recent weeks with a series of overt actions taken by the mayor to wage war against the CFB. The administration just announced a plan to move board headquarters to Brooklyn. A CFB check bounced when a Giuliani aide initially refused to honor it with bank officials.

Most ominously, the administration has indicated it will not replenish the CFB fund that covers the cost of making matching payments to candidates. The mayor contends that a new law allowing a 4-to-1 match of small contributions, passed by the city council over his veto, has been nullified by the passage last November of an amendment to the charter he backed banning corporate contributions. The CFB insists the new law and charter amendment are perfectly compatible. Giuliani wants the old 1-to-1 match to stay in place.

At first, Giuliani threatened to block 4-to-1 expenditures by the CFB to candidates running in the February 16 election for three vacant city council seats. But the cash for that disbursement was already available in a CFB fund, so those matching payments were made anyway. A January 22 letter from corporation counsel Michael Hess, however, blasted the board for "administering the program in a manner contrary to law" and urged the CFB "to inform candidates of the possibility that they may be required to return the difference between the enhanced matching rate and the matching rate authorized by law."

The apparent reason for Giuliani's sudden interest in the matching formula for a system he will never participate in again is Alan Hevesi. The all-but-certain mayoral candidate of Giuliani ally and Liberal Party boss Ray Harding in 2001, Hevesi indicated at a Chelsea civic appearance last month that he shares the mayor's opposition to a 4-to-1 match, though he said he'd be comfortable with a 2-to-1 ratio. Indeed it was Harding's son, Robert, the Giuliani budget director, who wrote a December letter to the CFB trying to block 4-to-1 matches.

Hevesi— whose office says he merely "raised questions" about the matching provisions at the meeting of the Democratic Leaders of the 21st Century— may well see the 4-to-1 ratio as a benefit to his putative mayoral rival, Public Advocate Mark Green, who has been unable to raise more than two to three million dollars in previous citywide or state elections. With a 4-to-1 match and a $10.7 million expenditure cap, Green may be able to spend almost as much in 2001 as Hevesi, who, as comptroller, can attract many contributions at the $4500 maximum level.

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