The agency preceding COELIG, the Joint Commission on Public Ethics (JCOPE), had determined that Governor Cuomo had improperly utilized state resources to write his book “American Crisis: Leadership Lessons from the Covid-19 Pandemic” in 2020. Consequently, JCOPE ruled that Cuomo was required to return the proceeds from the book. As legal proceedings regarding this decision ensued, JCOPE was succeeded by COELIG. Subsequently, Governor Cuomo filed a lawsuit shortly after being informed by the new commission that the case would be revived.
The decision affirming the constitutionality of COELIG was lauded by State Attorney General Letitia James and various good government organizations. Attorney General James expressed, “The public must have confidence in their elected officials, which necessitates a robust, independent ethics oversight entity. I am proud to have supported the constitutionality of the Commission on Ethics and Lobbying in Government, and I commend my team for securing this decision that upholds the state’s ethics oversight. New Yorkers can trust that my office will consistently safeguard the public’s interest.”
In a 4-3 ruling, the court of appeals overturned a previous decision by the appellate court, thereby preserving the state’s ethics commission. This victory in ethics oversight was viewed as a safeguard against the governor exerting undue influence over the entity responsible for ensuring ethical conduct. Various watchdog organizations, including Common Cause, Reinvent Albany, and the New York City Bar Association, jointly emphasized the significance of maintaining a strong ethics oversight framework.
Commenting on the ruling, Blair Horner, Senior Policy Advisor at the New York Public Interest Research Group, stressed the importance of a functional ethics oversight system. COELIG’s Chair Leonard Austin and Executive Director Sanford Berland expressed their satisfaction with the court’s validation of Governor Kathy Hochul and the state Legislature’s establishment of the ethics commission, highlighting the critical role of such an agency in the current climate.
Responding on behalf of Governor Cuomo, spokesperson Rich Azzopardi indicated that they would seek reconsideration from the court. Azzopardi criticized the court’s decision, expressing concern over what he perceived as a tolerance for constitutional violations when they are politically expedient. Governor Cuomo, the son of former Governor Mario Cuomo, has dedicated over two decades to serving in various elected and appointed political positions.
