What are the chances, one might wonder, of New York state being able to find someone among its nearly 20 million residents who doesn’t have an obvious conflict of interest to serve on a seven-member commission?
Those chances must be incredibly slim for Marissa Shorenstein to continue serving on the state Gaming Commission while also working for a company that represents the New York Racing Association, which is regulated by the commission.
But don’t worry, New Yorkers, the commission assures us. It’s all completely ethical.
Just ask the commission’s ethics officer — oh, wait, you can’t do that. Discussions about the ethical affairs of commissioners are kept confidential.
Alternatively, you could ask the state’s Commission on Ethics and Lobbying in Government — oh, no, sorry, they won’t comment on this matter.
Or maybe don’t bother asking at all, because according to the Gaming Commission, even suggesting that something might be wrong here is “silly.”
Really? This is precisely the kind of significant ethics issue that the public always deserves thorough explanations for.
Ms. Shorenstein certainly has ample experience — and connections — in government. She has served in various capacities for New York’s three most recent governors, including overseeing Gov. Kathy Hochul’s transition. Her impressive resume includes working as the northern regional president of AT&T and handling planning and communications for the New York Jets.
It also involves her work as a principal at SKDK, a public relations and lobbying firm that counts NYRA among its clients. She joined the firm in May 2022 and was appointed to the Gaming Commission just three months later. As a commissioner, she has voted on multiple matters pertaining to the nonprofit racing association, such as issues involving horses, veterinary examinations, jockeys, and racing officials, as reported by Emilie Munson of the Times Union.
While it is worth noting that Ms. Shorenstein recused herself from NYRA matters at SKDK, it is beside the point. It is also beside the point that SKDK was hired by NYRA after Ms. Shorenstein joined the Gaming Commission.
Instead of asking how the system can accommodate a commissioner with an apparent conflict of interest, all while hiding behind a veil of confidentiality and secrecy, or how a commissioner can contort their private work to appear conflict-free, wouldn’t it be better to say: “Thank you for your service, but for the sake of public confidence, you need to choose between your private job or your public position”?
It’s the same kind of conversation that Ms. Hochul and her husband ought to have had when he was at Delaware North, a gaming and hospitality company that had potential interests in state negotiations with the Seneca Nation on a gaming compact, as well as in the substantial state subsidy for a new stadium for the Buffalo Bills, which Delaware North operates concessions for. Although the company lost the bid to handle concessions in the new stadium, William Hochul recently made the decision to leave the firm.
This might render a few potential conflicts irrelevant, much like Ms. Shorenstein’s departure from SKDK, but it certainly doesn’t make the questions any less important. On the contrary, avoiding these conflicts altogether and being completely transparent when they do arise are critical challenges for any administration, particularly one led by a governor who promised to restore public trust in government. If our leaders were willing to look beyond their political circles, we’d wager that there are plenty of supremely capable, intelligent, and sensible New Yorkers who don’t have conflicts of interest and would be willing to serve.
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