16 May 2024: Editorial: NY Needs a Serious Solution to Address Public Officials' Ethical Problems

Editorial: Act now for a lasting ethics fix

The editors of the Albany Times-Union weigh in on the aftermath of the NY state appellate court's finding that the replacement state ethics watchdog agency was unconstitutional:

While it is possible the Court of Appeals, the state's highest court, will hear the case and even overturn last week's ruling, lawmakers would be foolish to wait before taking action. The ruling was unanimous, after all, suggesting that the flaws with COELIG are real and significant. Lawmakers must craft a fix that can work and last.

As we've said many times, the state needs a transparent ethics body appointed by a range of elected officials, with safeguards in place to guarantee independence from political meddling. Given New York's long and sordid history with political corruption, the need for such a body was obvious long before Mr. Cuomo was accused of using on-duty government staffers to help produce a book that paid him so handsomely.

Last week's ruling makes it clear that a permanent and bulletproof solution to the problem of ethics enforcement requires a constitutional amendment put forth by the Legislature. That process could put the proposal up for a statewide vote as soon as November 2025 — but only if lawmakers and Gov. Kathy Hochul act quickly.

Indeed, the task should be near the top of the Legislature's to-do list for the current session. Few things are more important than guarding against public corruption. In a state where two of the past four governors resigned in disgrace, New Yorkers have rightly grown cynical about state government and the willingness of elected officials to combat wrongdoing in their peer group.

The two New York state governors to resign in disgrace over their alleged misconduct in office are Eliot Spitzer and Andrew M. Cuomo. You have to go to Illinois to find a state with a worse reputation for public corruption.

This entry was added to the timeline on 26 May 2024.

9 May 2024: NY Appellate Court Says State Ethics Commission Is Unconstitutional

Appellate court agrees that state ethics commission is unconstitutional

The replacement ethics commission New York state lawmakers set up to address the shady dealings of Andrew M. Cuomo's multi-million COVID book deal has been declared to be unconstitutional by a state appellate court. Because it has, Cuomo now stands to keep the $5 million he gained for the he produced with the assistance of state government officials.

Here's an excerpt from City & State New York's article:

The future of state ethics is in jeopardy after a state appellate court upheld a lower court decision finding that New York’s current ethics watchdog commission is unconstitutional. The ruling marks another victory for former Gov. Andrew Cuomo, who brought the lawsuit after the commission started to investigate his $5 million book COVID book deal.

In a 5-0 ruling, a mid-level appellate panel of judges ruled that the Commission on Ethics and Lobbying in Government, the oversight board that administers the state’s ethics laws, violated the state constitution. The state Legislature originally created the commission in 2022 to replace the previous one – the Joint Commission on Public Ethics – that Cuomo himself had created in 2011. “We find that by enacting the foregoing scheme for the enforcement of the applicable ethics laws, the Legislature, though well intentioned in its actions, violated the bedrock principles of separation of powers,” reads the decision.

Although the court's decision favors Cuomo, it is not an endorsement of his ethics as the court did not address them. It is perhaps best understood as an indictment of sloppy lawmaking on the part of state legislators.

This entry was added to the timeline on 26 May 2024.