ALBANY, N.Y. (AP) 鈥� When state officials created New York鈥檚 new ethics commission in 2022, they billed it as an independent watchdog to replace an old ethics panel roundly criticized for doing too little to reign in public corruption and self-dealing.
One of the Commission on Ethics and Lobbying in Government's early high-profile actions was to investigate former Gov. Andrew Cuomo over $5 million he had gotten for writing a book about the COVID-19 pandemic.
Years later, the commission is fighting for its own survival after Cuomo鈥檚 lawyers persuaded courts that the panel was given unconstitutional enforcement powers. A state lawyer seeking to reverse a lower court ruling argued before New York's top court Tuesday that the commission鈥檚 more independent setup is both constitutionally proper and necessary for if to function properly.
The commission has continued to operate as the court case continues. But Rachael Fauss of Reinvent Albany, who listened to arguments with other good-government advocates, said that a ruling against the commission could upend ethics enforcement in New York.
鈥淭here would be no watchdog on the beat,鈥� she said. 鈥淲e鈥檝e had a history of ... corruption scandals in this state, and all the bodies have been ill-equipped to handle them. And if this one 鈥� this new body that鈥檚 the most independent we鈥檝e had yet 鈥� is thrown out, I think it raises a big question about what the Legislature could come up with.鈥�
The commission, known as COELIG, investigates potential ethics and lobbying violations by state officials, employees, lobbyists and their clients. Commission findings involving state lawmakers are referred to the Legislative Ethics Commission for enforcement.
It was created by Gov. Kathy Hochul and lawmakers in 2022 to replace the much-maligned Joint Commission on Public Ethics, or JCOPE. Members of that panel were appointed by the governor and legislative leaders, leading to widespread criticism that commission members had little appetite to hold those officials accountable.
In contrast, COELIG nominations by state officials are reviewed by an independent review committee made up of law school deans. And the governor cannot unilaterally remove commission members.
Cuomo is fighting an attempt by the commission that could force him to forfeit $5 million he got for writing a book about his administration鈥檚 efforts during the COVID-19 pandemic. State officials claim Cuomo hadn鈥檛 kept a promise on the book. Cuomo denies those allegations.
A trial court that the law creating the commission made it too independent from the governor under terms of the state constitution. The judge reasoned that enforcing ethics laws is a power that belongs to the executive branch, yet the governor cannot control ethics commission members, force them to explain their actions or remove them for neglecting their duties.
A mid-level .
Cuomo鈥檚 attorney, Gregory Dubinsky, told top court judges that the law creating the current ethics panel 鈥渋mbues this commission with sweeping, mighty law enforcement powers that are quintessential executive powers.鈥�
But lawyers for the state say the commission's setup insulates it from the political branches it watches over.
鈥淲e know what happens with an ethics commission when it鈥檚 not sufficiently independent. It is unable to do its job, it does not help protect the public trust in government,鈥� said the state's attorney, Dustin Brockner.
Brockner was peppered with sharp questions from judges who signaled doubts about the panel's constitutionality.
Cuomo resigned in August 2021 after the attorney general that concluded the then-governor had sexually harassed at least 11 women. Cuomo has denied those allegations. He continues to make public appearances and to speak out on political issues, fueling speculation he might run for New York City mayor or some other office.
Cuomo's exit followed decades of scandals involving New York's elected officials.
Former Gov. Eliot Spitzer resigned in 2008 after being caught up in a prostitution scandal. Ten years later, left office after four women he was romantically involved with or had romantic interactions with accused him of physical violence in accounts published by .
Also, past leaders of the and have been convicted on corruption charges.
A decision from the top court is expected in the coming months.
The leaders of the ethics commission said in a prepared statement that they were 鈥渙ptimistic that the court will rule in our favor, and confident that if the court, nonetheless, finds any shortcoming in the current statute, it will be quickly rectified by the governor and legislature.鈥��
Michael Hill, The Associated Press
