A state commission in New York that investigates ethical violations was deemed unconstitutional by an appeals court on Thursday in a ruling that favored former Gov. Andrew Cuomo. The court ruled in favor of Cuomo, who is fighting against the state Commission on Ethics and Lobbying in Government’s attempt to force him to forfeit $5 million he received for writing a book about his administration’s COVID-19 pandemic response. The court stated that the creation of the panel violated the principles of separation of powers under the state constitution. The commission’s chairman and executive director expressed their intention to appeal the decision to the state’s highest court.
The commission was established by the Legislature and current Gov. Kathy Hochul in 2022 to investigate possible ethics and lobbying violations by state officials, employees, lobbyists, and their clients. It was created to replace a previous ethics commission that was criticized for not being independent enough. Lawmakers sought to restore public trust in government following Cuomo’s resignation in 2021 amidst a sexual harassment scandal. A lower court judge had previously ruled that the law creating the commission made it too independent from the governor, violating the state constitution by giving the executive branch enforcement powers over ethics laws.
Cuomo’s spokesman, Rich Azzopardi, criticized the commission’s actions as a “partisan and baseless prosecution” following the appeals court’s ruling. Cuomo has been embroiled in a legal battle with both this commission and its predecessor, the Joint Commission on Public Ethics, over his earnings from the book. State officials have alleged that Cuomo used state resources for the book, despite his denial of the allegations. Cuomo resigned in August 2021 after an investigation by the attorney general found that he had sexually harassed at least 11 women, allegations that he has consistently denied.
The Appellate Division of the state Supreme Court upheld a lower court’s ruling in favor of Cuomo, emphasizing that the ethics commission’s actions were well-intentioned but lacked authority under the state constitution. The commission’s enforcement of ethics laws was deemed as a power belonging to the executive branch, which the governor could not control or hold accountable. The commission’s chairman and executive director expressed their commitment to promoting compliance with ethics and lobbying laws while the legal proceedings continued. They indicated their intention to appeal the decision and seek a stay on the ruling during the ongoing litigation process.
The ruling by the appeals court marks a setback for the ethics commission’s efforts to hold public officials accountable for their actions. The decision highlights the importance of upholding the separation of powers in government and ensuring that oversight bodies operate within the boundaries set by the state constitution. The legal battle between Cuomo and the commission reflects the ongoing challenges in addressing ethical violations and restoring public trust in government institutions. As the case moves forward to the state’s highest court, the outcome will have implications for the future of ethics enforcement in New York and the accountability of elected officials.
