The Independent View: NY Legislators Push Overhaul of State Ethics Enforcement

As the New York Legislature returns to Session today with Democrats in Control of both Chambers, State Senator Liz Krueger (D-28th District, Manhattan) and Assembly Member Robert Carroll (D-44th District Brooklyn), are set to introduce a Resolution (S594) that would Amend the State Constitution, adding New Provisions to Prevent and Combat Public Corruption.

The Resolution, first introduced late in last year’s Session, would add a New Section on State Government Integrity to the State Constitution and would Consolidate Two Agencies that are currently Charged with Monitoring and Tackling Corruption, the Joint Commission on Public Ethics (JCOPE) and the Legislative Ethics Commission, into the New York State Commission on Government Integrity (NYSCGI). The effort is aimed at Dealing with a long-standing Problem in New York State Government that recently saw the Leaders of Both Houses of the Legislature convicted of Public Corruption, along with many other Legislators who were Removed from or Left Office due to Ethical Issues over the course of Decades.

The Proposed Resolution would have to be Passed by the Current Legislature and again by the Next Elected Legislature in the 2021-2022 Session, after which it would be Presented to Voters as a Ballot Question for their Approval. If successful during the Sessions and in the 2021 General Election, the New Law could go into effect by January 2022.

It would create a New Nine-Member Commission, Five of whom would be Appointed by the Judiciary; Two Appointments jointly by the Governor, Comptroller, and Attorney General; and Two by Legislative Conference Leaders whose Parties are the Top-Two Voter Getters in a previous Gubernatorial Election. The Commission would be Empowered to Issue Civil Sanctions and Censures against Legislators, would be able to Suspend, Demote, or Terminate a Non-Elected Employee, and make Referrals for Criminal Prosecution.

It would also serve as an Independent Counsel to Legislators and State Employees seeking Informal Ethics Advice that can later be used in their Defense. Those who have served as Political Party Officials, State Employees, or Lobbyists within the previous Three years would be Barred from being Appointed.

Both Carroll and Krueger argue that a Constitutional Amendment is essential, particularly with Renewed Attention in this last Election Cycle to the Activities of JCOPE, Headed by Seth Agata, a former Gov. Cuomo Aide nominated by the Governor and Appointed as Executive Director by the Agency's Commissioners. The State Agency, which Monitors Lobbying at the State Level besides Ethics Violations, has been widely Criticized as Inefficient and Overly Vulnerable to Political Interference, while at the same time being entirely Opaque to the Public and Lacking Clear Jurisdiction.

In particular, Krueger said the Agency has Failed to Investigate Incidents and Allegations of Sexual Harassment, even when they are made widely known. For instance, in January 2018, then-State Senator and Independent Democratic Conference Leader Jeff Klein was Accused of Forcible Kissing a former Staffer, Erica Vladimer, but JCOPE has yet to make clear whether it is Investigating the Claim and has Not provided any Information to either the Public, Press, or Vladimer in the year since she spoke out.

JCOPE Officials have pushed Back against such Criticism, noting that divulging Information about Investigations is against the Law. At a March 2018 Meeting, Commission Chair Michael Rozen said the Agency's Silence does not indicate Action or Inaction. "No conclusions should be inferred by the Commission’s silence," he said.

The New Agency, on the other hand, would have to Establish a Dedicated Unit for Sexual Harassment Investigations and would also have more Expansive Transparency Provisions, being subject to the same Freedom of Information Law that Currently applies to the Executive Branch, there are Ongoing Negotiations about Extending Freedom of Information Law (FOIL) to the Legislature.

Last year, JCOPE’s Lack of Transparency was put to the Legal Test. New York Republican Party Chair Ed Cox and Molinaro, the Republican Gubernatorial Nominee, Sued the Agency to Force a Vote on an Investigation into Joe Percoco, the former Top Cuomo Aide who was Convicted on Federal Corruption Charges last year.

During the Trial, Percoco was found to have Improperly used his Executive Chamber Office while working on Cuomo’s Campaign, but he was never Investigated by JCOPE. On December 19th, a State Supreme Court Judge ruled that the Agency must take a Vote within 30 days and then Inform the Judge, though they were Not Ordered to Release the Details of the Vote to the Public.

“I don’t think that current model is working and I think we need to fix that...It’s just not designed to do its job,” Krueger said of JCOPE in a December Interview. She and Carroll were joined at the State Capitol Building on Tuesday by Representatives of Groups including Common Cause New York, Reinvent Albany, the League of Women Voters of the State of New York, the New York Public Interest Research Group, the New York City Bar Association, as well as a Few Legislators, such as Senator Jen Metzger (D-42nd District) and Assembly Members Richard Gottfried (D-75th District) and Carrie Woerner (D-113th District).