Jordan bill would reform records law
If passed, governor’s office would be required to retain files for 5 years
Gov. Andrew M. Cuomo and his staff would be required to save their records and documents for at least five years under a new bill introduced Wednesday by state Sen. Daphne Jordan.
In the bill introduced by the Halfmoon Republican, the Executive Chamber would have to save all records, including emails and electronic metadata. After five years, the records would need to be preserved an additional two years if there is any potential litigation, including civil or criminal investigations.
The law would apply to the entire executive branch, including departments, agencies, offices and commissions.
State law currently allows the governor’s office to decide which documents to retain or discard, unlike the U.S. president’s office, which deems public ownership of all presidential and vice presidential records under the Presidential Records Act.
“The governor is leaving in disgrace after his decade-long abuse of power has finally come to light,” Jordan wrote in a press release. “Have his office shredders been running all of this time? Are the computers being wiped clean?”
Jordan said she introduced the bill to “prevent any future governor from destroying or ‘misplacing’ potentially incriminating records as I have no doubt Cuomo’s lieutenants have already done.”
Jordan has been a frequent critic of the governor, calling him a “serial sexual harasser” and urging him to leave office after state Attorney General
Letitia James released a 165page report that concluded the governor had sexually harassed multiple women and created a toxic workplace. She had already called for his resignation in March.
The Legislature — where Democrats hold supermajorities in both chambers — is not scheduled to resume session until January. Even if passed, it does not appear likely that Jordan’s bill would take effect in time to impact Cuomo’s administration, unless a special session is called before he leaves office next week, which is unlikely.
Cuomo’s term as governor is set to end Monday. Lt. Gov. Kathy Hochul is scheduled to succeed Cuomo, and would become New York’s first female governor as she serves out his third term that expires next year. Hochul announced she will seek reelection to the state’s highest office.
Cuomo is under investigation by local, state and federal authorities on a variety of issues including the alleged concealment of COVID-19 deaths in New York’s nursing homes, giving family members preferential COVID-19 testing, and an alleged cover up of broken bolts during the construction of the Gov. Mario M. Cuomo Bridge.
Some of the law enforcement agencies that are investigating the governor’s administration have issued subpoenas to his office and members of his staff — and those subpoenas may include preservation orders that prohibit the destruction of pertinent records.
Richard Azzopardi, a spokesman for the governor, noted the Legislature is exempted from the state Freedom of Information Law and said he would “take this half-baked press release (from Jordan) for what it is.”