Former Gov. Andrew Cuomo has won another battle in his fight against the state’s Commission on Ethics and Lobbying in Government (COELIG) in relation to his pandemic-era book deal. A mid-level appellate court upheld a lower court judge’s decision to dismantle COELIG, which had previously ordered Cuomo to hand over the proceeds from his memoir. The court ruled that the Legislature violated the separation of powers and Cuomo, who resigned in 2021 amidst sexual harassment and ethics allegations, celebrated the decision as a victory against a partisan and baseless prosecution.
As a result of the court’s ruling, Cuomo will be able to keep the $5 million in profits from his book deal. The decision is also likely the end of COELIG, which was established in 2021 to replace the controversial Joint Commission on Public Ethics (JCOPE). The lack of independence of JCOPE’s appointees, who were primarily affiliated with the Governor, led to the creation of the short-lived COELIG. The unanimous decision by the appellate division means that the state will need approval from the same panel to appeal to the state’s highest court, and the attorney general’s office is currently reviewing the ruling.
Cuomo initially filed a lawsuit to challenge COELIG’s attempt to compel him to surrender the proceeds from his book American Crisis: Leadership Lessons from the COVID-19 Pandemic. The courts agreed with Cuomo’s argument that the appointment process for COELIG members eliminated checks and balances, favoring the executive branch. The nominations for the panel are made by various government officials before being reviewed by deans of law schools in New York. The judges emphasized the lack of accountability of the deans, who are not answerable to the public, as a key issue that undermines the Governor’s role in ensuring compliance with ethics laws.
Despite the court’s decision, good government groups advocating for ethics oversight reform are urging the state’s highest court to overturn the ruling. They argue that it is constitutional for the Legislature and Governor to enact legislation that promotes independence in ethics oversight. Rachael Fauss, Senior Policy Advisor at Reinvent Albany, highlighted that the State Ethics Commission, which still consists of officials appointed by those they oversee, lacks the necessary level of independence. The ongoing debate over ethics oversight and the separation of powers in New York will likely continue to be a point of contention and discussion in the future.
Overall, the legal battle over COELIG and Cuomo’s book deal reflects deeper tensions within New York’s political landscape regarding accountability, transparency, and ethics. The court’s decision to dismantle COELIG and allow Cuomo to retain his book profits has raised concerns among reform advocates about the efficacy of current ethics oversight mechanisms. While Cuomo views the ruling as a vindication, critics believe that the decision undermines the state’s efforts to strengthen ethics accountability. The future of ethics oversight in New York remains uncertain, as different stakeholders continue to push for reforms and debate the appropriate balance of power between branches of government.
