Monday, July 19, 2021

19 July 2021: Cuomo Administration Blocking Release of Staff Attendance Records

Cuomo staff attendance records withheld for 'law enforcement purposes'

This report is related to Andrew M. Cuomo's alleged use of state resources (state government employees) to produce his pandemic "leadership" book. The records in question could confirm whether he violated New York's Public Officers law prohibiting the use of state resources, such as state government employees, for personal benefit or gain.

Gov. Andrew M. Cuomo’s office is declining to release records detailing overtime payments to junior staff members, arguing those records have been “compiled for law enforcement purposes” and if disclosed would "interfere" with law enforcement investigations.

The denial may provide insight into an investigation being conducted by Attorney General Letitia James’ office, which concerns Cuomo’s use of government staff to produce "American Crisis," a $5.1 million, for-profit book.

As the Times Union reported in April, at least two junior Cuomo staffers were assigned book-related tasks last year, while also earning substantial overtime payments in 2020.

Cuomo’s office says that no overtime was paid to staffers for work related to “American Crisis,” and that any overtime requested was “to help assist in the operation of state government." The office is declining to release the records that may confirm that assertion....

The attorney general's office is examining whether Cuomo’s use of government staff constituted a misuse of taxpayer resources. The governor's office, in its denial, did not explain how the release of those records would interfere with any law enforcement investigation.

If the staffers received significant overtime pay for official state work during the time they were also performing "volunteer" work on Andrew M. Cuomo's pandemic "leadership" book as his administration claims, it would effectively debunk those claims and confirm that Cuomo profited from the misappropriation of state resources in violation of New York's Public Officers law.

In blocking the Albany Times-Union's Freedom Of Information Act request for the records for the junior officials' pay records, the Cuomo administration is effectively hiding behind the multiple criminal probes of the administration to prevent the public from learning of its actions.