Lately, it seems we hear constant reports of how divided we are, and how this division creeps into the halls of government. Make no mistake about it, this polarization threatens democracy, and as citizens, we get shortchanged, because the focus is on the fight rather than the people and how we can best serve them.
Nevertheless, I remain proud to represent Assembly District 21 in Albany, where I witness many examples of government working for people, and the less contentious initiatives that often aren’t reported, but do get accomplished. Every day I see bipartisanship — coalitions that work toward the greater good, and individual legislators of both major parties working tirelessly on behalf of their districts. I believe it’s important to keep seeking and finding those alliances, especially when the news of the day becomes so overwhelmingly disheartening.
A good example of what can happen when government puts people before politics happened recently in Albany, when my bill, A.6804, was passed unanimously by both houses of the Legislature. I introduced it after meeting with the NYS Association of County Clerks, which described an ongoing privacy problem with the potential to do great harm to vulnerable people. The measure provides protection to families when they need it most.
When someone becomes mentally incapacitated as the result of any one of a variety of causes, an Article 81 Guardianship proceeding can be filed with a county Supreme Court so that a responsible adult can be legally appointed to manage the person’s finances for them. The court considers evidence of the need for guardianship, and can approve or deny the request. That evidence includes personal information about the person alleged to be incapacitated, including a Social Security number, banking information and other financial records. Incredibly, under current law, those records are publicly accessible, leaving some of our most vulnerable citizens in grave danger of identity theft, fraud and violations of their privacy.
In New York, county clerks are elected, and one of their responsibilities is the management and filing of these records. When requested by a citizen, they are obligated to release them. Given what we know about identity theft and the devastating consequences, however, the clerks association joined forces in an effort to change state law to prevent the release of information that should remain private. The clerks represent people from all 62 of the state’s counties — the entire political spectrum, and people from urban, rural and suburban communities.
In this instance, a coalition of bipartisan elected officials united as a formidable force to protect the personal information of citizens who often don’t have the ability to advocate for themselves. In their communication with me, the county clerks stated, “Unlike most court records, the files in these cases are replete with personal and account information, a treasure trove for identity thieves.” They made it perfectly clear to everyone that action was necessary. It was alarming to hear them describe the reasons legislation was vital to safeguard people going through these hearings.
When I introduced A.6804, I received immediate support from Democrats and Republicans alike. Assembly members from Long Island, Westchester, Queens, western New York and the Capital Region signed on as cosponsors.
This is an issue that few New York residents are aware of, unless and until an Article 81 is needed for them or a loved one. Thus far, many have navigated the proceedings without any requests for, or violation or exploitation of, their personal information. The county clerks recognized the very real threat that exists under current law, and worked hard to change it.
I am optimistic that Gov. Kathy Hochul will sign this legislation into law. I remain keenly aware that there are many more issues we need to find consensus on. This is just one example of what can happen when we work toward the common good, set aside political differences and do the right thing.
Imagine what our government could accomplish if we could all work together this way on other issues. As a member of the Assembly, I will continue to search for that common ground and work toward consensus. That is our responsibility to the people who elected us. The story of this bill’s origins and success is a roadmap for how it happens. We simply need to follow it.
Judy Griffin represents the 21st Assembly District.
