Another unconstitutional mistake by New York Democrats

Just two days ago, we lamented the tendency of the Democratic-led Legislature to violate the State Constitution, as they did with the proposed Equal Rights Amendment for the ballot. this fall, which ignores the procedures clearly set forth in the fundamental law governing the State of New York. A judge rightly ruled that the ERA, which we support, is currently void and cannot appear on the November ballot. Meaning: The Constitution is a binding regulation, not just a list of suggestions.

We also listed the Legislature’s failed efforts to restructure New York’s 26 congressional districts to favor Democrats (thrown by the courts) and the Senate’s blatant abrogation of its duty to vote for or against Governor Hochul’s appointed Chief Justice, Hector LaSalle (again, they lost in court and had to take a roll call on LaSalle).

Today, Parliament’s weak and pathetic attempt to police Albany’s ethics has been found unconstitutional. Of course it is, as a trial judge concluded in September. Yesterday, an appeals panel ruled 5-0 that the state Commission on Ethics and Lobbying in Government was unconstitutional.

Besides the horrible acronym COELIG (which is such a bad nickname that it should also be declared illegal), since only three of the agency’s eleven commissioners are appointed by the governor, it unduly usurps the executive powers granted by the Constitution. An executive agency, like COELIG, must be controlled by the executive.

The man who toppled this fragile edifice is Andrew Cuomo, the former governor who sued when COELIG tried to reclaim the $5.1 million he got for his COVID memoir, a horribly timed that he had nevertheless obtained permission to write from the previous ethics regulator. the Joint Commission on Public Ethics or JCOPE.

JCOPE said yes to Cuomo when he was popular and on high during his famous COVID briefings in 2020. When Cuomo fell from grace and resigned in 2021 (the book deal was among the allegations against him, as well that the accusations of sexual harassment), JCOPE tried to undo itself. his approval. This is typical of ethics watchdogs, reluctant to rein in powerful bigwigs, but quite happy to hit hard on those in the doghouse or without influence.

Post-Cuomo, Governor Hochul and the Legislature then replaced JCOPE with COELIG, one of whose first actions was to pursue book money. Cuomo filed a lawsuit, claiming, rightly, that COELIG is unconstitutionally structured and should not exist. By the same logic, its creation in 2011, JCOPE, is equally unconstitutional to the extent that the governor also had a minority of appointments, or six of the 14 seats. Someone should have filed a lawsuit to invalidate JCOPE on these grounds.

The answer is to properly and legally amend the Constitution to establish a strict ethical oversight regime that can keep office holders in line. In fact, such a move had been considered during the discussions on the COELIG, but they instead decided to take the easy route and not the several years necessary to amend the Constitution. If they had done it right, COELIG would have been perfectly legitimate.

As for Cuomo’s accounting money, the regulator at the time gave him his blessing and he proceeded from there. It’s too late to start again because he is the former governor. Changing the decision in hindsight is an unfair way for any government agency to operate.