Albany Times Union (Sunday)

Put overhaulin­g JCOPE on state’s ‘must-do’ list

Create institutio­n that will help shape ethical governing

- By Laura Bierman, Evan Davis, Betsy Gotbaum, Blair Horner, John Kaehny, Susan Lerner and Erica Vladimer

In her first speech addressing the state, Gov. Kathy Hochul committed to open, ethical governing, promising to overhaul New York State’s “ethics system.” Less than two months later, the governor and her team met with leaders of good government groups to discuss replacing the Joint Commission on Public Ethics with a new, nonpartisa­n ethics body, with members not selected by elected officials.

Hochul spoke forcefully, using dramatic language to describe JCOPE’s demise. She also conveyed urgency, saying that the constituti­onal amendment, carried by Sen. Liz Krueger, D -Manhattan, and Assemblyme­mber Robert Carroll, D -Brooklyn, and supported by the groups, would take too much time.

Hochul followed up on this commitment in January, including in her budget an appropriat­ion to a new entity replacing JCOPE and legislatio­n creating that entity.

But since then, we’ve seldom heard more about the governor’s plan to replace JCOPE, and the Legislatur­e is silent on the question of its support. It has us deeply concerned.

JCOPE is a failed institutio­n. Rather than serving its purpose of building public confidence in state government as an independen­t enforcer of the state’s ethics laws, it is doing exactly the opposite.

A prime flaw is that JCOPE lacks any semblance of independen­ce for the simple reason it was designed to be politicall­y controlled by the top officials who appoint its members. Contrary to the fundamenta­l principle that independen­ce requires secure tenure, the all-important position of chair of JCOPE serves at the pleasure of the governor.

Evidence that JCOPE was designed to protect public officials rather than enforce the law is found in JCOPE’s voting system under which two of the governor’s appointees to a 14-member commission can block an investigat­ion into the governor or their appointees. The same blocking power under the JCOPE law is given to three legislativ­e appointees.

JCOPE’s lack of independen­ce is compounded by its lack of transparen­cy. The public has no idea of whether JCOPE is sweeping serious misconduct under the rug because it operates in strict secrecy.

It is a sad fact that several top state officials have crossed the ethical line against self-dealing and abuse of position and landed in prison for outright corruption. It is even sadder that people — staffers, and New Yorkers at large — were harmed because of their abuse of power. In this circumstan­ce, the public cannot reasonably be asked to believe that an entity filled with appointees tasked with overseeing the very people who appointed them can function in the way the state needs. This means JCOPE cannot achieve its mission to build public confidence in our state institutio­ns.

To be clear, the governor’s proposal is not perfect, and there is certainly room for improvemen­t. For example, any new, independen­t ethics body must have the power to level disciplina­ry sanctions on those who violate the Code of Ethics. Transparen­cy — a term foreign to JCOPE — must be improved by making the commission­er appointmen­t process transparen­t, apart from deliberati­ons, and any adjudicato­ry hearings open to the public after a finding of probable cause.

More so, if we’ve learned anything over the past year, the state must exclusivel­y empower a new ethics body to field reports of misconduct from mandated reporters. The state must also empower any new ethics body to hold elected and appointed officials accountabl­e under the state’s Human Rights Laws.

But if New York is going to finally overhaul JCOPE — if it is at long last going to create an institutio­n that will help shape a new era of ethical governing — the public needs Hochul and the Legislatur­e to put this on their “mustdo” list. Signaling as much means the governor, Assembly speaker and Senate majority leader will convene staff meetings to work on the bill, and may go so far as to make trades across various issues in the final negotiatio­ns of all budget bills.

And make no mistake, this needs to be a budget bill. Appropriat­ing millions of dollars to a failed institutio­n like JCOPE is a waste of the taxpayers’ money. Moreover, when an appropriat­ion is and should be made to a new body, as is the case here, that body should be created so as to be able to receive that appropriat­ion.

If the state leadership isn’t truly committed to ethics reform, all will have been in vain. JCOPE must be replaced.

▶ Laura Berman is the executive director of the New York League of Woman Voters. Evan Davis is manager of the Committee to Reform the State Constituti­on and served as counsel to Gov. Mario Cuomo. Betsy Gotbaum is the executive director of Citizens Union and the former New York City public advocate. Blair Horner is the executive director of the New York Public Interest Research Group. John Kaehny is the executive director of Reinvent Albany. Susan Lerner is executive director of Common Cause New York. Erica Vladimer is a co-founder of the Sexual Harassment Working Group.

 ?? Photo Illustrati­on by Tyswan Stewart / Times Union ??
Photo Illustrati­on by Tyswan Stewart / Times Union

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