Governor Pataki’s official home page provides background on the First Family, highlights the Pataki administration’s accomplishments and his major speeches, and offers other documents of interest.
This document provides a brief history of the governor’s office, and describes the major functions that the governor carries out.
This document, which is part of Governor Pataki’s home page, provides a look at the individuals who have been governor of the Empire State, and offers brief biographies of some of New York’s best known former governors.
This article examines the new Pataki administration soon after the 1994 election, and provides a good look at the powers a new governor can use to shape the politics and policies of the state.
Governor Pataki’s home page contains key documents from his past speeches including his State of the State and Budget addresses during his years in office. The governor’s ability to attract favorable media coverage is an important tool in promoting his policy ideas.
This article looks at Governor Pataki’s initial pledge to work collegially with legislators of both parties. While Governor Pataki has had his share of legislative success, the partisan and personal wrangling that often characterize Albany politics make an “open door” policy hard to maintain.
Since the party leaders are crucial bargaining partners for the governor, the relationship between the three leaders-Governor, Assembly Speaker, and Senate Majority Leader-is a key aspect of legislative politics in Albany. The animosity that seems to exist between Governor Pataki and Speaker Silver has proved troublesome in the last couple of years.
As a result of the status quo election of 1998, the governor and legislature will continue to have trouble arriving at easy agreements given the divided control that exists between the two Houses and the governor.
In the wake of the murder of Jenna Grieshaber, Governor Pataki adeptly used the “bully pulpit” of the media to put pressure on the Assembly Democrats to pass Jenna’s Law which restricts parole for first time violent offenders.
Governors in 38 states have line item veto authority to strike spending provisions from budget bills. In 1998 Governor Pataki’s wide use of this power caused political upheaval in Albany, but the legislature failed to override the vetoes.
The DOB is a key agency in the executive branch given its large role in formulating the Governor’s budget proposals which dominate the legislative session each year.
This article provides a good overview of the difficulties that exist in passing the state budget by the April 1st deadline. The budget has been late for fifteen years, and in 1999 the August 5th passage of the budget almost set a new record.
The Albany Times Union newspaper provides this list of who sits in Governor Pataki’s executive branch offices, and provides salaries and brief backgrounds on each person.
The Counsel to the governor and the DOB Director are two of the governor’s chief staff people. The departure of Michael Finnegan, Pataki’s Counsel, and Patricia Woodworth, the DOB Director, were important developments in the Pataki administration.
Many groups use grass roots strategies, including letter writing, to influence state legislators on policy matters. The issue featured here concerns the NASW’s desire to pass a social work licensure bill, and offers a sample letter for members who wish to contact their legislators.
The Chief of State or ceremonial role played by the governor is an integral part of the office. The I Love NY campaign is a prime example of the ways in which the governor can promote the state’s interests and heighten his own visibility in a nonpartisan fashion.
The NGA has become a vocal force in Washington, D.C. acting on behalf of the fifty governors and the states they represent. This organization provides a lot of information here concerning the issues-welfare reform, unfunded mandates, transportation funding, among others-confronting governors across the nation in our federal system.
The New York Times provides this resource which allows you to find out information about the fifty governors that currently reside in the state houses across the nation.
Chapter Two
This article takes a look at the prospects for Governor Pataki’s second term. It is interesting to note the differences in expectations between his first term, The Governor Gets to Work, and his second time around.
This article examines Governor Pataki’s personal style, and notes that while many people underestimate the governor he has quietly achieved a number of accomplishments. Moreover, it provides some good comparisons to former Governor Cuomo’s style in office.
The Lieutenant Governor Mary Donahue provides information pertaining to the duties of her office, press releases, and the School Violence Task Force which she leads.
This site contains information pertaining to the duties and responsibilities of the Attorney General’s Office. Useful information concerning consumer fraud, lead poisoning, landlord tenant issues, among many other items, is presented here as well.
The State Comptroller Carl McCall is New York State’s chief fiscal officer. In this capacity the State Comptroller’s Office audits government operations and operates the Statewide Retirement Systems
The governor plays key roles in state politics and policy making, and in New York State a tradition of strong governors has been the norm. The strength of the governor in New York stems from ample constitutional powers, a dynamic and diverse economy, and historically high expectations regarding government’s role in society. This chapter examines the roles that the governor plays in state politics, and the formal powers of the governor’s office are explained. In addition, this chapter looks at the informal powers, which stem from political factors, the individual’s style and skill, and the economic context as well. Moreover, the policy responsibilities of governors across the nation have expanded during the recent period of devolution, and the National Governor’s Association has become an active force in national policy as a result. Finally, the other elected statewide officials-Lieutenant Governor, Comptroller, and Attorney General-receive attention in this chapter as well. Alexander Hamilton once declared that “energy in the executive” is the leading principle of a strong, effective government. New York’s governor has traditionally fit this description well over the years given the long term length, unlimited reelection, and ample legal powers concerning appointments, legislative relations, and the budget enjoyed by the state’s chief executive. In fact, Hamilton relied on the strong executive in New York as his prime example of what the presidency should include during the constitutional debates in 1787. The three year term and unlimited tenure enjoyed by Governor George Clinton during the 1780’s far surpassed the short terms and one term limit that characterized most state executives in the latter part of the eighteenth century. In general, the history of the New York State has shown additional growth in the governor’s powers, and by 1938 the basic framework of the governor’s powers was in place. The governor gained the power to nominate state officials subject to Senate approval in 1821, yet most of the enhanced nature of the governor’s office occurred in the first half of this century. During the 1920’s the short ballot was approved in New York meaning that many state officials that used to be directly elected became appointees after this time. Obviously, the ability of the governor to appoint these individuals broadened the governor’s powers and further consolidated the executive branch. In addition, the development of the executive budget took place in 1927 allowing the governor to shape, and at times dominate, the budget process. Finally, in 1938 the governor was given a four year term setting the executive apart from the legislators who serve for only two years. Using formal powers as a guide, New York ranks among the states with the strongest executives in the nation. Historically, the power of New York governor has been amplified by other factors as well. Since New York has traditionally been one of the largest states in terms of population, and is home to a very heterogeneous mix of people, New York’s governors have garnered more than their share of national publicity. In fact, simply by virtue of being governor of the Empire State an individual is considered a potential presidential nominee. Although Franklin Roosevelt is the last New York State governor to serve in the White House, in more recent years Governors Cuomo and Pataki have been mentioned as potential leaders of their party’s national ticket. In addition, New York has historically been a liberal, innovative state and the growth of government normally leads to enhanced gubernatorial clout and power. While the liberal image of New York has waned in recent years, New Yorkers still value the role of government in their lives, and New York’s governor will surely be dealing with the multiple, and often conflicting, demands of the state’s electorate. THE ROLES OF THE GOVERNOR
Chief Legislator
The governor acts as the chief legislator in the state, and provides a key agenda setting function in this role. The governor’s agenda, set forth in the annual State of the State address in January, normally determines the major items that will be debated in the legislature that session. The State of the State address garners widespread media coverage and begins the legislative season with a splash. The governor works with his staff and agency personnel to develop proposals called “Program Bills”. Since the governor can not introduce a bill to the legislature directly, he needs to convince a legislator in each chamber to sponsor the bill. Although the sponsor is often the committee chair on the topic, the governor may need to find a substitute depending on the political dynamics involved. While the State of the State address provides a broad overview of the governor’s agenda, the governor’s budget address in late January sets the stage for another round of heated budget negotiations.
The governor’s dealings with the legislature tend to be affected by a number of factors. The foremost factor is the partisan composition of the legislature, and New York has had divided government control since 1974. Currently, Governor Pataki shares a common philosophy with the Senate Republican Majority, but the presence of the Assembly Democratic Majority provides a built in road block to the governor’s agenda. During the 1980’s and early 1990’s Governor Cuomo experienced a similar dynamic since the Assembly Democrats often shared his policy views, yet the Republican Senate held a different perspective. In addition, even partisan ties do not guarantee support since both Governors Cuomo and Pataki experienced troubles with their “party friendly” chamber as well. This divided government scenario clearly necessitates that the governor bargain with party leaders to accomplish his legislative goals. On highly publicized issues, the staffs of the three leaders or some combination of them, engage in often protracted negotiations to reach a compromise. While action on the governor’s Program Bills shows the governor in an initiator mode, at other times the governor steps into the middle of an ongoing battle. The rent control debate is a prime example of an issue in which the governor played the mediator between the two Houses, and offered a compromise position to bring the issue to resolution. Regardless of whether the governor plays a passive or active role, the relationship between the governor and party leaders is key to addressing the tough issues New York faces. In recent years, Governors Carey and Cuomo had prickly relationships with the leaders, and Governor Pataki and Assembly Speaker Silver are well known of their shared animosity. Yet beyond the partisan and personal divisions that can exist between the governor and the party leaders, each leader is always cognizant of the constituency needs of their respective conference or caucus. Negotiating with the leaders is, in reality, bargaining with the views and demands of all 211 legislators.
While the normal avenue of interaction in Albany is through negotiation and compromise with the legislature, the governor can use the “bully pulpit” of the media to put pressure on the legislature. A classic example of this approach occurred during the 1998 legislative session regarding “Jenna’s Law” a proposal to limit parole for first time violent offenders. Governor Pataki easily secured the backing of the Senate Majority on this issue, but the Assembly Democratic Majority was initially against this idea. Yet, as noted in chapter 5, crime is an issue that causes splits in the Democratic Conference, generally between upstate and downstate Assembly Democrats. In this case, Governor Pataki held several press conferences with the family of Jenna Grieshaber, who had been murdered by a paroled felon, to activate public opinion on the issue. In the wake of public pressure, Speaker Silver eventually allowed the legislation to come to vote since many members of his conference were feeling the heat back home. Jenna’s Law passed convincingly and was quickly signed into law by Governor Pataki. The public strategy of persuasion has its limits, though. The issue has to be highly salient to the public and while the parole issue fit that description, many pieces of legislation are difficult to mobilize public opinion around. Moreover, in order to carry out a public campaign on an issue, it clearly helps to have a popular governor leading the charge, which Governor Pataki was during 1998. On most big issues it is not unusual for the governor and his staff to engage in both bargaining and public relations to move an idea through the legislative process.
Another important aspect of the governor’s relations with the legislature is the veto power. The governor can veto whole pieces of legislation, or use the line item veto to eliminate lines of money from the budget bills. In either case, since it is extremely rare for the two houses to muster the two-thirds vote needed to override the governor’s veto, this power provides the governor with enormous clout in the legislative process. The veto has been used more often in New York than other states, and approximately one-fourth of the bills passed in a given year are vetoed. In addition, the threat of a veto makes the legislators and party leaders need to be aware of the governor’s views on an issue and, consequently, to pass legislation it may need to be altered before it reaches the governor’s desk. The veto can be used as a middle step in the process of legislation or as a way for the governor to exercise fiscal restraint by striking out portions of the budget. In 1998 Governor Pataki vetoed a bill that would allow homeowners who install solar panels on their home to get reimbursed by utility companies for producing excess energy. The governor claimed that the bill lacked necessary safety precautions, and after modifying the legislation to deal with that problem he submitted a new version to the legislature for approval. In a more controversial move, Governor Pataki used the line item veto to remove over 1,000 budget lines from the 1998 legislative budget. Although the legislature was not able to override these provisions, the governor’s actions sparked a heated debate among legislators and many interest groups with a stake in the lost budget items. Clearly, the veto power will continue to play a important role in the legislative process and in the political battles in New York State.
The Governor's Budget
A major power of the governor in New York State is the ability to impact policy making through the executive budget. Since 1927 when a constitutional amendment was passed creating the executive budget, the governor has had enormous authority to dominate the budget process. While the governor’s budget address in January sets the stage for discussion of the budget in the state legislature, the executive budget is actually developed long before that time. Normally in August each executive agency establishes its individual budget requests. These agency budgets are submitted to the Division of the Budget (DOB) during the early fall, and the DOB provides a gate keeping function for the executive budget process. Budget examiners in the DOB scrutinize the agency’s budget request and develop the overall budget package that the governor will present to the legislature. Given the fact that money is essential to the effective operation of state agencies and services, the DOB is powerful office by virtue of the central role it plays in formulating the budget.
The importance of the state budget in the political process is underscored by the dominance of the budget debates in the annual legislative sessions. In fact, in many years until the budget is satisfactorily negotiated other top issues facing the state do not receive sustained attention. In addition, the importance of the budget is indicated by the difficult time the governor and legislative leaders have in arriving at a budget compromise leading to continual late budgets. Although the governor’s budget generally sets the parameters of the budget process, the legislature is free to change the budget to suit the needs of each House and its members. Until the 1970’s the governor dominated the budget process in the legislature, and Governor Rockefeller was noted for his skill in shepherding through his budget proposals. Yet the growth of legislative staff and the overall professionalization of the state legislature has enabled the party leaders and their members to play a more forceful role in the process. These changes, coupled with the emergence of divided government after 1974, have meant that while governor plays an enormous role in the budget process, the legislature is not shy about inserting its own views. As noted earlier, the governor’s line item veto power can be an important weapon in the budget battles as well.
While the legislature provides the foremost check on the governor’s budget proposals, the federal government and state courts can also impinge on the state budget process. As discussed in chapter 2, a sizable portion of the state budget comes from the federal treasury, and to the extent that “strings” are attached or matching formulas are used the state’s discretion over spending is constrained. In addition, the costs of state government are greatly effected by unfunded mandates and preemption laws that put burdens on the state budget without compensatory funding. Moreover, in some states the state courts have levied court orders that restrict state budget options. For instance, in several states, including New Jersey, the courts have mandated that states take steps to even out school funding disparities. Since state revenues are not infinite these court decisions force governors and the legislature to make budget choices regarding other programs and services. In short, while the governor enjoys ample budget authority in New York, there are political and legal factors that impinge on these powers.
The Chief Executive
The governor is the chief manager of state government, and this role brings on both ample responsibilities and enormous opportunities to shape the policies of the state. In carrying out his role as the chief executive, the governor oversees both his staff and the large number of agencies that exist in the state. Across the nation governors’ staffs have grown, and in New York State approximately two hundred employees work for the governor. The key members of the governor’s staff are the secretary or chief of staff, the governor’s counsel, the communications director, and the director of state operations and policy management. Each of these four staff units directly help the governor implement his goals by working with the legislature, overseeing executive agencies, and dealing with the press and organized interests. These staff offices, along with the DOB, form the inner core of the governor’s management team. In fact, DOB’s role is crucial since the budget process is one of the primary ways in which the governor fulfills the role of chief manager of the state.
An important tool in overseeing the operation of state agencies is the governor’s appointment power. Since New York is a state with a “short ballot” the governor is able to make appointments to almost all cabinet level offices and place his stamp on the direction of the executive branch. Two offices, the Attorney General and the Comptroller, are directly elected by the people, and the Department of Education reports to the Board of Regents, which is appointed by the legislature. Almost all of the governor’s appointees are subject to Senate approval, but the legislature has normally given the governor wide latitude in the appointment process. Although most agency staff are civil servants, by selecting the top officials in each agency the governor is able to set the tone and agenda of the executive branch. Given the pivotal role that state agencies play in the formulation and implementation of public policies, management of the executive branch allows the governor ample opportunities to shape policy outcomes.
Moreover, the governor’s ability to appoint members of the State Court of Appeals provides ample power as well. During Governor Pataki’s tenure in office he has appointed two of the seven justices on the state’s highest court, which has shifted the once liberal court to a more moderate position ideologically. The appointment of state judges is covered more thoroughly in chapter seven.
The governor also has two other tools by which to manage the bureaucracy, executive orders and reorganizations. Executive orders are quasi legislative in nature, and allow the governor to issue directives to the state agencies without legislative approval. This power is necessary, according to many people, because the legislature often passes general laws that need further delineation in order to effectively implement a given policy. The use of executive orders is restrained by the fact that they must conform to controlling legislation, or a constitutional grant of authority. The ability of the governor to reorganize the executive branch agencies is another source of power, yet in New York these changes are subject to legislative approval. Reorganization efforts are often done in the name of efficiency and cost cutting, but they also allow the governor to reorient the mission of an agency to better fulfill the governor’s policy agenda as well. In the wake of welfare reform and a renewed interest in youth policies in recent years, Governor Pataki proposed a large restructuring of the former Department of Social Services to better meet the realities of public policy trends in that substantive area.
Additional Roles of the Governor
As the top official in the state, the governor acts as the ceremonial leader for all citizens in New York. In this capacity, Governor Pataki has appeared prominently in recent “I Love NY” commercials to promote the tourism across the state. In times of emergency, the governor plays a lead role in representing the state, organizing the government’s response, and reassuring the affected citizens and their communities. For instance, in recent years the ice storms in the North Country and large scale fires on Long Island were events in which the governor was heavily involved. On the lighter side, the Baseball Hall of Fame in Cooperstown provides a national audience for the governor each summer, and annual events such as the state fair and the Empire State Games always receive an appearance, at least, from the governor. On the flip side, the governor as leader of his or her party can be a dividing personality as well. The governor acts as the chief spokesperson for his party, raises funds for the party coffers, and often helps the campaigns of state legislators and local officials. New York’s governors have varied enormously in regards to how they have handled this role. Governor Pataki is normally viewed as working more closely with the State Republican Party than his predecessor Mario Cuomo’s more detached role as the party leader. Yet in our age of dealignment and candidate centered elections, there are limits to how much the governor can affect state electoral politics and, perhaps, this environment provides a disincentive to be overly identified as a partisan leader.
The last major role played by the governor is the “intergovernmental middleman” or advocate for the state’s interest in the nation’s capitol. As the states have become increasingly affected by national policies the nation’s governors have become more active in trying to influence Washington policy debates. On many issues, the governors work together on common issues, and often orchestrate their strategies through the National Governor’s Association (NGA). The issue of welfare reform, for example, has caused the governors to work jointly concerning block grants, aid to immigrants, and related concerns. In addition, unfunded mandates and partial preemption statutes have galvanized the nation’s governors as well. On other issues, though, the nations’ governors are in different camps and lobby for their state or regional interest. For instance, both Governors Cuomo and Pataki, often joined by their fellow northeast colleagues, lobbied for stronger air pollution controls on Midwestern utilities in order to deal with the problem of acid rain. Moreover, the issue of interstate solid waste disposal has divided the nation’s governors and will continue to be a thorny dispute. Given the large role that fiscal and regulatory federalism plays in the day to day operation of state governments, the role of intergovernmental advocate is sure to occupy the time of New York’s governors in the years to come.
INFORMAL POWERS OF THE GOVERNOR
While the formal powers of the governor are relatively fixed over time, the informal powers are more variable in nature and often lead to a successful or unsuccessful tenure in office. These informal powers are both political and personal in nature. Political factors stem from electoral mandates, partisan patterns in a state, and the popularity of the governor. The personal dimension of power is related to a governor’s skill and personal style, and these aspects lead us to think about what types of experience a governor should possess before taking office. Finally, it is important to remember that the formal and informal powers of the governor do not exist in a vacuum, and can be constrained or facilitated by the roles of the legislature, interest groups, catalyzing events, or the state of the economy.
Political Factors
A governor’s electoral mandate or lack thereof can have a strong impact on his or her ability to successfully promote policies. In its simplest form, the electoral mandate refers to the size of the governor’s victory margin. Yet the perceptions of a mandate also stem from the issue nature of the victory and changes in the legislature. For instance, Governor Pataki’s first victory in 1994, although very narrowly won, created a sense of change since his policy focus was quite different from his predecessor and because leadership changes in the State Senate provided a strong ally in newly elected Senate Majority Leader Joseph Bruno. In addition, although the Assembly was still firmly in Democratic hands, the sense of momentum provided by the 1994 elections made the Assembly Democrats a bit cautious in taking on the new governor. Moreover, in 1994 Governor Pataki focused on lowering taxes, reining in the welfare system, and criminal justice reform, such as the death penalty, and these issues carried over into his first legislative session. In 1998 by comparison, although Governor Pataki won more easily the election was regarded as a status quo result, and the governor ran more on his record than on a new agenda for a second term. Related to the electoral mandate is the governor’s popularity over time normally measured by public opinion polls. There is no doubt that party leaders and other legislators take the governor’s popularity into account when deciding how to proceed on policy debates. As a general rule, though, governors are better able to secure their agenda early in their term and as the next legislative election emerges it can be increasingly difficult to enact proposals.
The partisan composition of the legislature and, to some extent, of the state’s electorate can help or hinder the governor. In New York the divided control on the state legislature provides an obstacle for governors of either party, and necessitates a need for negotiation and compromises throughout the process. By comparison, although the governor of Georgia has less formal power than New York’s chief executive, the traditional one party nature of Georgia politics has meant that governors there have been able to dominate state politics. Moreover, the Democratic enrollment edge in New York means that Republican governors have needed to be moderates on many issues, and as the share of New York City’s vote diminishes Democratic governors have increasingly needed to chart a more moderate course as well. It is not surprising that the Republican governors from the Northeast are leaders of the moderate, pragmatic wing of their party.
Personal Factors
The primary personal factors that affect gubernatorial success are political skills and personal style. The three key aspects of political skills involve negotiation and bargaining, public relations, and management. Generally, governors who enjoy the politicking that goes with the job are more successful than others. Former Governor Rockefeller was known as a chief executive that thrived on the wheeling and dealing and interpersonal relations that are usually needed to be a successful legislative leader. In contrast, former Governor Carey often maintained hostile relations with the legislature and once referred to the two House legislature as the “zoo”. Governors Cuomo and Pataki probably fall in between those two approaches in their dealing with the legislature. Although Governor Cuomo had a steady stream of legislative accomplishments during his tenure, his disdain for engaging in the give and take necessary for sustained leadership hampered his overall record. Governor Pataki has received mixed reactions in his legislative role as well. While the current governor has been skillful in developing and maintaining a focused agenda and achieving substantial gains on key issues, he has at times been aloof from the legislative process.
In terms of personal style, Governors Cuomo and Pataki could not be more different, at least on the surface. Their divergent styles are especially apparent in regards to the public relations and management aspects of the job. Governor Cuomo’s dramatic rhetorical style made him a national figure, and a leading spokesperson for the Democratic Party, during the late 1980 and early 1990’s. Governor Pataki, though, is often criticized for his more mundane and pedestrian speaking style. Yet many commentators have suggested that Governor Cuomo’s rhetoric was not always matched by substantive accomplishments, and that Governor Pataki’s low key persona has been one of his chief assets as Governor. These rhetorical differences are reinforced by the general demeanors of these two politicians as well. Governor Cuomo’s strong style was eventually viewed by many New Yorkers as overbearing, while a common refrain among Albany watchers is that Governor Pataki’s’ seemingly laid back approach allows him to “sneak up” on people. These traits also carry over to the management approaches the last two governors of the Empire State have relied on. Governor Cuomo was known to be a workaholic who drove his staff to work long hours and frenetic activity. He maintained an active management style and placed himself in the middle of most decisions. In contrast, Governor Pataki has delegated more responsibilities to key staffers, and spent ample time in his mid-Hudson home in Garrison. While each style has it drawbacks, it is important for any chief executive to have a good sense of their strengths and weaknesses in order to effectively carry out their duties as governor. Although there is no magic formula for how to prepare for the governor’s office it is generally viewed as important to have served in a legislative capacity and, to some extent, to have held an executive position such as Mayor or County Executive.
OTHER EXECUTIVE BRANCH OFFICIALS
There are three other executive branch officials who are also elected by the people in New York State. One of these officials is the lieutenant governor and Mary Donuhue is the current occupant of the office. One of the formal roles played by the lieutenant governor is to be the president of the Senate and a voting member of that body in case of a tie vote. The second formal role is to assume the duties of the governor in the event that the governor deis, resigns, or is other wise removed from office. While the lieutenant governor’s duties beyond those two roles are unclear, most governors have given their lieutenant governors particular assignments to carry out. For instance, Lieutenant Governor Donahue, a former District Attorney and Supreme Court judge, heads the School Violence Task Force that was recently established by Governor Pataki. Governor Pataki’s first lieutenant governor, Betsy McCaughey Ross, specialized in health care issues, including medicaid reform and early childhood interventions. In New York, the lieutenant governor is picked on a team ticket with the governor eliminating the possibility of a partisan split between these two office holders. Approximately half of the states provide for separate elections of these two offices, which has increasingly led to spit partisan control.
The state attorney general is another elected member of the executive branch. The attorney general is the chief lawyer for the state and represents the state when the state is a party in a lawsuit. The attorney general also acts as the state’s legal counsel, and can offer advisory opinions regarding state statutes and regulations. The current attorney general, Eliot Spitzer, has carried on the tradition of providing a host of informational services to the citizens of the state as well. Consumer fraud and environmental enforcement are areas that have increasingly received attention from the Attorney Governor’s office. Moreover, the nation’s attorney generals have garnered news coverage in taking on the tobacco companies in lawsuits to compensate for lost revenues. In 43 states the Attorney General is elected rather than appointed and in many states the Attorney General is in a different party that the governor. New York is an example of this situation since Governor Pataki is a republican and Attorney General Spitzer is a democrat. While most Attorney General contests do not draw much attention, the closely contested and controversial race between Eliot Spitzer and Dennis Vacco in 1998 was a real exception.
The final elected official in the executive branch is the state comptroller in New York, although many states refer to this position as the treasurer. The state comptroller has two primary duties to fulfill. This office, currently held by Carl McCall, conducts management and financial audits of State agencies and oversees the fiscal affairs of local governments. In addition, the comptroller’s office operates the retirement systems for state and local retirees, which involves a huge sum of money. In 38 of the states the chief fiscal officer, either comptroller or treasurer, is elected by the people, and many believe that this system affords the fiscal officer necessary independence from the Governor. As is the trend nationally, New York’s comptroller has been from the opposite party of the governor. Carl McCall is a democrat serving during the Pataki era, and republican Ned Regan was the comptroller for most of the Cuomo years.
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