The dog days of August are not here yet, but it appears that the Governor could use a tall cool glass of lemonade to cure what ails him. The recently released report from Attorney General Andrew Cuomo criticizing the actions of the Governor’s office, regarding allegations that State Senate Majority Leader Joe Bruno improperly used state aircraft and other transportation in furtherance of political fundraising activities, adds another headache (“lemon”) to the list for the freshman year of the recently elected chief executive.

This, on top of the ongoing public feud between Gov. Spitzer, Senator Bruno and Senate Republicans that has been characterized in the press as something akin to an elementary school yard name calling contest, does not help in terms of “moving the ball forward” with respect to the Governor’s reform and policy agenda.

Indeed, both Albany insiders and anxious reform minded activists have been critical of the results of the first 7 months of the Spitzer administration. Insiders have sniped that the Governor was/is unprepared for the dynamic of “three men in a room” and reformers have bridled at the pace and extent of change to the system and culture of Albany.

Notwithstanding some victories and progress here and there - the first seven months have produced a bowl with more lemons than cherries, which is where the cool glass of lemonade comes in (i.e., when life gives you lemons…make lemonade).

In this case the elixir is quite dry – Rules Reform. That’s right. The most boring topic of all reform issues – that dry dusty subject of procedure and “inside legislative baseball.” Nevertheless, don’t let the label fool you – this dry cocktail packs as much punch as a martini at the Merc Bar or Peter Luger’s.

Indeed, Rules Reform is a potential fountain of youth – well, maybe not a fountain of youth – but it could turn back the clock on the acrimony between the Governor and Senator Bruno.

Many people are under the impression that legislative rules reform can only be considered once every two years, at the beginning of the first year of the legislative session. That is not true, the issue of rules reform can be taken up by the legislature when it reconvenes next January.

Now, barring some unforeseen changes in circumstance, the Democrats will still be in the minority in January of 2008. Nevertheless, the Senate and Assembly – and more specifically, Senator Bruno and Speaker Silver, have already stated that the reforms that were enacted in 2005 and 2007 are not the end of their reform ideas. Therefore, why wait until 2009 to finish or do more work?

Clearly the system of three men in a room is not producing the kind of results that the electorate was looking for when they voted last November. Moreover, Governor Spitzer ran on the platform of changing Albany – and what could be a better example or legacy of change then transforming the New York legislature into a fully functioning deliberative body.

Many are already familiar with the Brennan Center’s work on the subject of Rules Reform and the condition of the New York legislature – specifically, their initial report in 2004 and their follow-up in 2006. Since then the State Affairs Committee of the City Bar – the Association of the Bar of the City of New York (one of the oldest and most respected bar associations in the country) - recently adopted a position and wrote a report on the issue of rules reform http://www.nycbar.org/pdf/report/Committee_on_State_Affairs.pdf . The report sets forth a package of reform proposals similar to and inclusive of those proposed by the Senate minority this past January.

Now, how does this translate into a glass of lemonade for Gov. Spitzer? Simply. By enacting the reform package outlined by the bar association the Senate (and hopefully the Assembly, because we all know that one chamber frequently follows the lead of the other) will create a truly vigorous legislature with active and empowered committee chairmen and fully engaged and accountable members.

By creating this type of system the current paradigm of three men in a room becomes obsolete and the Legislature and Governor will begin to transact business in a manner more akin to the U.S. Congress –hopefully with better results – rather than the Byzantine system currently employed in Albany.

This means less emphasis and distraction on the personal relations between Governor Spitzer and Senator Bruno and Speaker Silver and more focus on the results that committee chairmen, individual members and the leaders and Governor can accomplish. By infusing more voices into the system personal acrimony will be minimized and the collective will of the people will take its place.

What if they Senate and Assembly don’t adopt rules reform in January 2008? Well, the Governor can go back to campaigning and instead of arguing that it should be about him and his agenda he can advocate for a better system and legislators that will commit to making the overall system of lawmaking better in New York.