New York appeals court rules ethics watchdog that pursued Cuomo was created unconstitutionally

Author of the article:

The Associated Press

Michael Hill

Published May 09, 2024  •  2 minute read

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. Photo by Seth Wenig /THE ASSOCIATED PRESS

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.

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

The Appellate Division of state Supreme Court 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.”

A spokeswoman for the commission did not immediately comment.

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.

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.

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