26 July 2021: Editorial - Tips for JCOPE on How to Conduct a Real Investigation

Editorial: Helpful hints for JCOPE

We're featuring this short editorial from the Albany Times-Union in full. They provide a public service in telling New York's official ethics "watchdog" what conducting a real investigation would involve:

It gladdens our hearts to hear that the Joint Commission on Public Ethics is investigating Larry Schwartz, enforcer for Gov. Andrew Cuomo, over loyalty-check phone calls he made to county executives last spring while also serving as the state’s vaccine czar.

How exciting it would be if New York’s nominally independent ethics watchdog made a serious effort to examine the actions of someone that close to the governor. Since JCOPE hasn’t done much of that sort of thing recently — okay, likely ever — may we make a few suggestions?

To start with, maybe interview everyone involved, including Mr. Schwartz? That might work better than the way the state Inspector General “investigated” the 2019 JCOPE leak of confidential voting information — by not interviewing either Mr. Cuomo, who called Assembly Speaker Carl Heastie to complain about how his appointees had voted, or Mr. Heastie. Little wonder the IG said it couldn’t confirm the leak. That’s what happens, of course, when you don’t talk to witnesses.

Even after Mr. Heastie confirmed the leak — acknowledging the governor had called him about the votes — the IG still had no interest in finding out. Reopen the probe? Nope.

We hope JCOPE can muster a bit more curiosity for its Schwartz probe. Maybe if they try to conduct an actual, impartial and thorough investigation, they could stitch together some fragments of credibility and reach a defensible conclusion on whether Mr. Schwartz’s actions were appropriate.

Go on, JCOPE. Surprise us.

The members of JCOPE have not demonstrated they are meaningfully indpendent of either Governor Andrew M. Cuomo or Assembly Sepaker Carl Heastie's influence. We think as long as these two powerful officials do not want JCOPE to reach findings they do not find politically advantageous, JCOPE's members will comply with their wishes.