"Yesterday, I voted in favor of the Reportable Business Relationships guidelines, and voted against the JCOPE-proposed Source

Funding Regulations based upon law and principle. I did the latter, after I tried, by motion, to amend the JCOPE-proposed Source Funding Regulations to cure its perceived illegality and to honor the core objective of an honest government through unprecedented disclosure and ethics reform. Let me explain. Last December, I was touched and deeply honored by Governor Andrew Cuomo's announcement to be a member of NYS Joint Commission on Public Ethics (JCOPE), having been appointed, after vetting, by the Senate Democrats to bring integrity back to Albany. The passage and enactment of Public Integrity Reform Act of 2011 (PIRA) is a crowning acheivement by Governor Cuomo and our legislative leaders, as it is unique in American constitutional jurisprudence. I accepted the great burden, and along the way learned the need to be purer than Caesar’s wife. Of course, co-shouldering such burden and assisting my comprehension of incrementally elusive nuances, are 13 other illustrious commissioners, including, a legal scholar: Professor Ellen Yaroshefsky. Given the separation of powers regime, along with the hallowed Declaration of Independence, a core basis for American exceptionalism in human history, JCOPE straddle the separation of powers divide between two co-equal branches of government. Accordingly, PIRA grants a necessary veto-power to each commissioner, as a safeguard against a political attempt to subjugate a co-branch of government in violation of the Constitution. Hence, PIRA is a gem of a law that every New Yorker can be proud of, even, as it needs some obvious fine tuning. That I am a fan of Gov. Cuomo and wish him every success to make New York the proud Empire state compels me to effectuate, to the best of my ability and despite fatigue, the core covenant of PIRA to all New Yorkers: that an uncontrolled and independent JCOPE will honestly effectuate PIRA and thereby restore public confidence in government. There is no better way to achieve that than with greater disclosure, or greater disinfectant sunshine, as Justice Louis Brandeis would say. Indeed, the enabling legislation was all about more disclosure, not less, or worse, none at all. Yet, yesterday, JCOPE acted, with authority unknown to the law, to cloak a period of time that PIRA required to be disclosed! PIRA was approved and became effective August 15, 2011. However, two components were delayed to fairly allow everyone adequate time to adjust to the new ethics disclosure requirements, perhaps, the most stringent in the nation: Source Funding disclosure was made effective June 1, 2012, a 9 1/2 month delay, and Reportable Business Relationships in financial disclosure statements was delayed to 2013, with FDS filed by the May 2013 deadline. Yesterday, informed by the June 7 public hearing, even though every self-labeled "goo-goo" is subject to JCOPE jurisdiction, I followed the law, as written, and opposed the motion to adopt proposed-Source Funding Regulations that alter the effective disclosure-date set by PIRA, as I don't have the right or power, merely because I am a JCOPE Commissioner, to overrule the collective wisdom of the Governor and the legislature lawfully expressed in law. Legislative Law Article 1-h(c)(4) states that the source funding’s greater disclosure provisions, contained therein, are effective June 1, 2012 . That is the law. Therefore, I opposed the ultra vires, aka extra-legal, alteration of the effective date established by law, from June 1, 2012 to July 1, 2012, with a net effect of a delayed 6-month stealthy cloaking worthy of a Klingon warship in Star Trek. Respectfully, such JCOPE act is a nullity, ab initio, unless a court grants JCOPE the authority to overrule the law, as JCOPE, deems most beneficial for New Yorkers. The client-reporting periods are JanuaryJune and July-December, with the filing of the reports due on July 15 and January 15, respectively. The law required that the July 15, 2012 report include the period January 1 - June 30, 2012, which includes the June 1, 2012 "effective date" for source funding. The lobbyist's bimonthly reporting period of May 1 June 30, 2012 would include the June 1, 2012 "effective date," with a report due on July 15, 2012. See Legislative Law Section 1-h(a). The all-important "lookback" period, as required by PIRA, would go back 12 months. However, the ex post facto Constitutional considerations make August 15, 2011, a "safe" start

date for the "lookback" period, all the way to June 30, 2012, and be free of any improper "retroactivity" concerns, as everyone was on notice since PIRA’s enactment on August 15, 2011. Of course, a court may well opine that the PIRA-required 12-month lookback period mandates source funding disclosure to start from July 1, 2011 to June 30, 2012, and reportable on July 15, 2012. PIRA’s legal mandate of greater disclosure, to earn greater public confidence in government is not met by thwarting disclosure, or worse, by preventing it. American politics can ill-afford undisclosed foreign money to effect American elections. Moreover, Citizens United approved, under First Amendment considerations, a 527 entity to have the loudest possible issue-voice money can buy, without donor disclosure, so long as there is zero coordination between the 527 entity and the candidate or campaign. Otherwise, with coordination between a 527 entity and the candidate, it would be "political-voice" which is regulated by mortal limits, donor disclosure, and, inter alia, a clear bar of foreign money. 501c4s, however, with candidate-coordination and IRS-approved income tax deductibility for donors could confuse unlimited issues-speech with election law-limited political-speech, and remove a level political playing field . But, that is for the legislature and governor to address as and when they see best fit. Finally, given my un-seconded motion to cure JCOPE’s Source Funding Regulations, followed by my th lonely vote against the July 30 8:27pm version of the amended draft Source Funding Regulations that st were voted up during the July 31 meeting, I am uncertain that my efforts at JCOPE to support Gov. Cuomo’s prized law is at all welcome. In any event, my continued service on JCOPE is conditioned upon its necessary independence and willingness to lawfully effectuate the law, otherwise, consistent with my twin Becket and Burke moral imperatives, I will tender my resignation and create a vacancy, which can then be filled by one more worthy to join the already serving honorable commissioners." Dated: 8/1/12 /s/ Ravi Batra