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NY APPEALS COURT RULES ETHICS WATCHDOG THAT PURSUED CUOMO WAS CREATED
UNCONSTITUTIONALLY


New York Gov. Andrew Cuomo prepares to board a helicopter, Aug. 10, 2021, in New
York. A New York appeals court has ruled that a state commission tasked with
investigating ethical violations was created unconstitutionally, a ruling that
could strip the watchdog agency of its enforcement powers. The Thursday, May 9,
2024 ruling stems from a lawsuit filed by former Gov. Andrew Cuomo.(Seth Wenig |
AP Photo/Seth Wenig-File photo)
By The Associated Press
Published: May. 9, 2024 at 1:39 PM EDT|Updated: moments ago


ALBANY, N.Y. (AP) — A state commission that investigates ethical violations in
New York was created unconstitutionally, an appeals court said Thursday in a
ruling that could strip the watchdog agency of its enforcement powers.

The ruling stems from a lawsuit filed by former Gov. Andrew Cuomo, who is
fighting an attempt by the state Commission on Ethics and Lobbying in Government
to force him to forfeit $5 million he got for writing a book about his
administration’s efforts during the COVID-19 pandemic.

Cuomo argues the commission lacks authority under the state constitution to
prosecute him.

The Appellate Division of State Supreme Court unanimously upheld a lower court
in ruling in favor of Cuomo, with judges writing that the creation of the panel
“though well intentioned in its actions, violated the bedrock principles of
separation of powers.”



In a joint statement, the chairman and executive director of the ethics
commission said they would move to appeal the decision to the state’s highest
court and put the ruling on hold while litigation continues.

“The Commission will continue to promote compliance with the state’s ethics and
lobbying laws as this matter works its way through the full appellate process,”
said Chair Frederick A. Davie and Executive Director Sanford N. Berland.

The commission was formed 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 replaced a previous ethics commission widely criticized for not being
independent enough. Lawmakers said they wanted to restore public trust in
government after Cuomo’s 2021 resignation in a sexual harassment scandal.



A lower court judge said in September that the law creating the commission made
it too independent from the governor under terms of the state constitution. The
judge said the enforcement of ethics laws is a power that belongs to the
executive branch, yet the governor cannot control commission members, force them
to explain their actions or remove them for neglecting their duties.

“This has been a three-year exercise to bend the law to fit the political will
of those in charge and hopefully after this second — and unanimous — court
decision, this partisan and baseless prosecution will finally end,” Cuomo
spokesman Rich Azzopardi said in a statement after the Thursday ruling.

Cuomo has battled both this commission and its predecessor, the Joint Commission
on Public Ethics, over his book earnings. State officials have claimed Cuomo
hadn’t kept a promise not to use any state resources on the book. Cuomo has
denied those allegations.

Cuomo resigned in August 2021 after the attorney general released the results of
an investigation that concluded the then-governor had sexually harassed at least
11 women. Cuomo has denied the allegations.

(Copyright 2024 The Associated Press. All rights reserved. This material may not
be published, broadcast, rewritten or redistributed without permission.)



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