Cuomo’s office ignored rules
Order governor signed says case should’ve been handed to GOER for investigation
A former female aide’s allegations that Gov. Andrew M. Cuomo had sexually harassed her last year — including asking about her sex life and interest in having sex with an older man — should have been referred to the Governor’s Office of Employee Relations for a formal investigation, according to interviews with state officials familiar with the rules for handling sexual harassment complaints.
Instead, the complaint was handled by Judith Mogul, a special counsel to the governor. Beth Garvey, the governor’s chief counsel, issued a statement last week saying the matter was “treated with sensitivity and respect and in accordance with applicable law and policy.” Still, according to Garvey’s statement, there is no indication that an investigation was conducted.
The complainant, 25-year-old Charlotte Bennett, “received the transfer she requested to a position in which she had expressed a long-standing interest, and was thoroughly debriefed on the facts which did not include a claim of physical contact or inap
propriate sexual conduct,” Garvey said in her statement. “She was consulted regarding the resolution, and expressed satisfaction and appreciation for the way in which it was handled.”
On Thursday, when asked if the matter had been referred to GOER, if a formal investigation had been conducted, or if the governor’s Executive Chamber believes its personnel are not subject to the laws governing other government agencies and offices, Garvey said, “As previously stated, we will not have further comment on this until the (attorney general’s) review is complete, and we cannot comment on this at this time.”
Garvey’s initial statement that the Executive Chamber would make no further comment on the matter was issued on Sunday morning, and was followed hours later by two additional statements from her. The governor, as well, issued a statement of apology on Sunday night and repeated many of its points in a Wednesday news conference.
In December 2018, under an executive order signed by Cuomo, GOER became the office responsible for handling sexual harassment investigations and is required to be notified of all complaints. That order, which followed expanded rules for sexual harassment allegations and responses in 2018, “transferred the responsibility for conducting investigations of all employment-related discrimination complaints to the Governor’s Office of Employee Relations ... (and) all such complaints of protected class employment-related discrimination will be investigated by GOER.”
According to interviews with people familiar with the state’s rules for handling sexual harassment complaints, Bennett’s case should not have been resolved
by simply transferring her to a new job — a position with the health department that moved her away from the governor.
“There was never a situation in which one could indicate, if brought to the proper authorities, a path to (an alleged victim saying) ‘Let’s forget about this, just move me to another position,’” said a former longtime affirmative action officer for a state agency who spoke on condition of anonymity. “As you know, sexual harassment is something that is a pattern of behavior and therefore you wouldn’t be addressing the issue at hand, but merely just pushing it away.”
Under “sweeping” sexual harassment reforms that Cuomo’s office announced in 2018, “sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex ... (including) words, signs, jokes, pranks, intimidation or physical violence which are of a sexual nature, or which are directed at an individual because of that individual’s sex.”
That legislation also defined sexual harassment as “any unwanted verbal or physical advances, sexually explicit derogatory statements ... which cause the recipient discomfort or humiliation, or which interfere with the recipient’s job performance.”
Debra Katz, an attorney for Bennett, did not immediately respond to a request for comment on Thursday.
In his first public appearance in a week, Cuomo on Wednesday offered an apology to the women “if they were offended” by his conduct and interactions with them.
Katz issued a statement after the governor made his remarks, noting that last year Bennett “reported his sexually harassing behavior immediately to his chief of staff and chief counsel.”
She added that the review by the attorney general’s office, which has been tasked with investigating the allegations against Cuomo, “will demonstrate that Cuomo administration officials failed to act on Ms. Bennett’s serious allegations or to ensure that corrective measures were taken, in violation of
their legal requirements.”
The governor, when asked whether he had taken legally mandated, annual sexual harassment training, said “the short answer is yes.” But his office has declined since Monday to provide details on when the governor took the training.
Bennett, who left her state job, earlier this week rejected Cuomo’s written apology in which he excused his behavior as “playful.” She characterized it as “predatory behavior.”
She said Cuomo grilled her about her sex life and asked whether she would be open to a relationship with an older man.
“I thought he’s trying to sleep with me,” Bennett told CBS Evening News in an interview that aired Thursday evening. “The governor’s trying to sleep with me. And I’m deeply uncomfortable and I have to get out of this room as soon as possible . ... Without explicitly saying it, he implied to me that I was old enough for him and he was lonely.”
State Attorney General Letitia James’ investigation of the allegations — three women have accused Cuomo of inappropriate conduct — is beginning as an increasing number of lawmakers are calling on the governor to resign immediately. On Wednesday, he said he would not do that and asked for “patience” until “the facts are known.”
The other allegations were brought by Lindsey Boylan, a former aide who alleges Cuomo kissed her without consent in his Manhattan office and made inappropriate remarks during a flight on state aircraft, and Anna Ruch, who did not work for Cuomo but told the New York Times that Cuomo held her face and attempted to kiss her at a wedding.
Erica Vladimer, a member of the Sexual Harassment Working Group, said anything short of resignation is unacceptable.
Five years ago, Vladimer alleges, she was forcibly kissed outside an Albany bar by thenstate Sen. Jeffrey D. Klein, who was head of the Independent Democratic Conference. Vladimer was a policy analyst for the IDC and later went public with her allegations. Klein responded by requesting the matter be investigated by the Joint Commission on Public Ethics — a probe that he is now seeking to block in state Supreme Court.
“The Workings Group’s position is resignation and an investigation,” Vladimer said of Cuomo. “We think one cannot supplement the other. … He clearly is a power abuser and does not deserve the privilege of holding power to govern the state. But the investigation is what is necessary to hold him accountable — and anyone else who protected and enabled him and also abused and harassed staff either in the Executive Chamber or any other place.”