Albany Times Union

No sign Cuomo probe coming

Ethics panel won’t reveal results of vote prompted by Republican complaints

- By Chris Bragg

Three weeks after New York’s ethics watchdog panel voted behind closed doors whether to investigat­e the activities of a former top aide to Gov. Andrew Cuomo, there has been no indication that the commission moved forward with any inquiry.

The state Joint Commission on Public Ethics won’t reveal the results of its courtorder­ed vote, but the fact that the Cuomo administra­tion has not been notified strongly suggests JCOPE decided not to probe the actions of Cuomo or his government aides.

Under state law, if at least eight of the 14 JCOPE commission­ers had voted to open a “substantia­l basis investigat­ion,” the panel would have been required to provide written notice to the “individual who is the subject” of the investigat­ion.

Richard Azzopardi, a spokesman for the governor, said that JCOPE has not sent any notificati­ons on the matter to Cuomo, his administra­tion, or to the governor’s campaign.

“No, to all of the above,” Azzopardi said.

Under a court order issued in December, JCOPE was forced to vote on whether to open an investigat­ion into complaints filed by state Republican Chairman Ed Cox and Dutchess County Executive Marc Molinaro, who was Cuomo’s 2018 GOP opponent for governor.

They alleged that Joseph Percoco, the powerful former executive deputy secretary to the governor, had improperly used state resources while managing Cuomo’s 2014 re-election campaign. Cox’s complaint also called for investigat­ions into Cuomo and Executive Chamber staff, including whether they “knowingly aided and abetted or acquiesced” to any illegal actions by Percoco.

As the 2018 campaign for governor unfolded, JCOPE declined to take action on the complaints filed by the Republican­s, despite a law requiring a vote within 60 days of receiving a sworn complaint. The delays prompted Cox and Molinaro to file a lawsuit. In December, state Supreme Court Justice Patrick Mcgrath ruled JCOPE was required to vote on whether to pursue the matter.

On Jan. 31, JCOPE sent a letter to the judge indicating that it had taken “a vote,” as required, on the Republican­s’ complaints at a meeting two days earlier.

The wording of that JCOPE letter to Mcgrath suggested that JCOPE commission­ers had taken a single vote. It’s unclear whether the vote was about Percoco’s activities or Cuomo’s potential knowledge of illegality.

“The letter speaks for itself,” said JCOPE spokesman Walter Mcclure. “We have no other comment beyond that.”

It’s also not clear whether Percoco’s activities in 2014 might be outside the reach of commission because state law requires employees be notified of such an ethics probe within a year of leaving government service.

After rejoining the administra­tion following the successful 2014 re-election campaign, Percoco left the state payroll again in January 2016 and has not returned. The evidence of his possible misuse of state resources emerged in his corruption trial that began early last year.

Cox said he has also not received any notificati­on from JCOPE, including whether it has closed an investigat­ion.

“From the outset of our complaint, JCOPE has operated in the dark, flouting the law and it appears nothing has changed,” Cox said. “We will be contacting the court this week to request they compel JCOPE to provide the court with details and proof of their alleged vote. The fact remains that concrete evidence of a crime exists.”

Cox said the state GOP will “pursue every legal option available to us to ensure Cuomo and JCOPE are held accountabl­e.”

It’s not clear whether the state GOP will ask Mcgrath to publicly reveal the result of the JCOPE vote, which the agency was required to provide to the judge under a court order.

The Republican­s’ attorneys have previously maintained that JCOPE is required to notify complainan­ts within two weeks of an investigat­ion closing.

JCOPE, however, maintains notificati­on is not required at this time.

Percoco was convicted last year of accepting more than $300,000 from two developmen­t firms in exchange for government favors. He is scheduled to report to a federal prison by March 1 to begin his six-year term behind bars.

Percoco’s apparent campaign work in the governor’s Manhattan office occurred during an eight-month period in 2014 when he was managing Cuomo’s re-election effort but not working for the Executive Chamber. Those activities provided key context in the trial, but were not the basis of any of the federal charges against him.

Aides to Cuomo testified during Percoco’s trial last year that during the campaign that year he often used his former desk in Cuomo’s Manhattan office, where the two were only steps apart.

Records obtained by the Times Union show that on several days Percoco’s former government phone was used to make campaign-related calls, and that the governor was present in the Manhattan office during those times.

Cuomo has said he was unaware Percoco was campaignin­g from his office; that he believed Percoco was doing “transition work” after leaving his position as executive deputy secretary. Cuomo’s administra­tion has also said it would cooperate with any JCOPE inquiry.

Percoco’s phone records show that during an eight-month period, 68 calls were made from his former state office to Cuomo’s Manhattan campaign headquarte­rs — an apparent violation of state regulation­s. Percoco’s phone line was also used to call Cuomo’s fundraiser­s, campaign consultant­s and the campaign’s election lawyer. There were 837 calls over 68 days made from the taxpayer-funded phone in Percoco’s former office, records showed.

JCOPE, created in 2011, has faced abundant criticism that its rules prevent the public from knowing whether it is pursuing an investigat­ion. It has also been the subject of criticism for its close ties to Cuomo, who appoints a plurality of its commission­ers.

Since its inception, all of JCOPE’S executive directors have been former Cuomo administra­tion attorneys. Its current top staffer, Seth Agata, was an administra­tion counsel and campaign volunteer for Cuomo in 2014. He appeared as a witness at Percoco’s trial.

In addition to filing a complaint with JCOPE, Cox also formally requested the Manhattan district attorney’s office launch a criminal probe of Percoco’s campaign work from his taxpayerfu­nded office. There is no indication that office took any action.

 ??  ?? Cuomo: Office of governor says it hasn’t seen any notice of an inquiry.
Cuomo: Office of governor says it hasn’t seen any notice of an inquiry.
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PERCOCO

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