New York’s Top Court Upholds Ethics Board in Cuomo Case
Albany, N.Y. (NEXSTAR) —
New York’s Court of Appeals ruled that the state’s Ethics Commission Reform Act of 2022 is constitutional, rejecting former Gov. Andrew Cuomo’s argument that it violated separation of powers by giving the Legislature too much authority.
The Decision
The majority ruling, written by Cuomo-appointed Judge Jenny Rivera, pointed out that the old ethics commission, JCOPE, operated for over a decade without a constitutional fight. They dismissed concerns that legislative appointees would dominate the commission, noting that appointees don’t just automatically obey the commands of those who appoint them.
COELIG’s Structure
According to the ruling, the commission’s structure follows the state’s constitutional tradition, where the Legislature can appoint non-constitutional officers. In fact, the ruling explained, the governor and Legislature share power over appointing state officers. The governor appoints three of the 11 commission members, and other executive officials appoint two more. Senate and Assembly leadership from both major parties split the remaining six. The Independent Review Committee (IRC) then checks each nominee’s qualifications.
Checks and Balances
The court wisely put the core principle of checks and balances between the branches above a rigid application of the separation of powers doctrine, said Blair Horner with the New York Public Interest Research Group. “While ethics oversight is always a work-in-progress, the structure of the current law has been given a clean bill of health by the state’s highest court and can now go about its business without a cloud hanging over its work.”
Removal Powers
The court also decided that shielding commissioners from dismissal by the governor or Legislature wouldn’t violate the separation of powers. Having the governor remove commissioners could allow officials to skirt ethics enforcement and undermine the public trust. The decision noted past measures in New York to limit executive removal powers for independent oversight bodies.
Conclusion
The public deserves to have faith in their elected officials, and that requires a strong, independent, ethics watchdog, said New York Attorney General Letitia James. “I was proud to help defend the constitutionality of the Commission on Ethics and Lobbying in Government, and I commend my team for securing this decision.”
FAQs
Q: What does the decision mean for the Commission on Ethics and Lobbying in Government (COELIG)?
A: The decision upholds the constitutionality of COELIG and allows it to continue overseeing lobbying and misconduct cases without direct control from the governor.
Q: What is the structure of COELIG?
A: COELIG is comprised of 11 members, with the governor appointing three, other executive officials appointing two, and Senate and Assembly leadership from both major parties splitting the remaining six. The Independent Review Committee (IRC) checks each nominee’s qualifications.
Q: What are the implications for the governor’s powers?
A: The decision limits the governor’s removal powers and ensures that COELIG operates independently, while the governor still has the authority to investigate state agencies through the Moreland Act and has a say in the commission’s budget.
Q: What does this mean for the public?
A: The public can have faith in their elected officials, knowing that there is a strong, independent ethics watchdog in place to ensure accountability and transparency in government.
