ALBANY, N.Y. — Former Gov. Andrew Cuomo may be out of office, but he’s not out of hot water.
New York’s beleaguered ethics panel voted Thursday to ask Attorney General Letitia James to probe an alleged illegal leak from a 2019 meeting related to the disgraced former governor.
A majority of members on the Joint Commission on Public Ethics also voted during a rare public show of hands to make a criminal referral regarding the state Inspector General’s Office’s handling of its own investigation into the alleged misconduct.
The IG’s office concluded the allegations were unsubstantiated.
“The motion is to refer the breach in confidentiality that occurred and I believe additional misconduct occurred in the cover-up of it, to the attorney general for the attorney general’s investigation,” said commissioner Gary Lavine, who proposed both referrals.
All eight members of the panel appointed by legislative leaders voted in favor of the motions, while the five hand-picked by Cuomo abstained following a heated back-and-forth over whether the commission should go into a closed-door session.
Grumblings were heard during the meeting, held with most members dialing in virtually, and one commissioner could be heard telling another: “This is bulls--t.”
James’ office, which released a damning report earlier this month detailing sexual harassment allegations against Cuomo, precipitating his resignation, is already probing the disgraced governor’s $5.1 million pandemic book deal and whether he illegally enlisted state workers to assist with the tome.
The JCOPE meeting came a day after former commissioner Julie Garcia testified before lawmakers about her decision to blow the whistle when the leak occurred and how she viewed the IG probe as nothing more than a Cuomo-orchestrated cover-up.
Garcia, appointed by Democratic Assembly Speaker Carl Heastie, resigned in 2019 after being contacted by Heastie’s office about concerns coming from Cuomo following what should have been a confidential vote.
The Albany Times Union first reported that Cuomo was allegedly briefed on the details of the closed-door decision relating to a possible probe of Joseph Percoco, a former top aide convicted on corruption charges in 2018.
“The person who leaked information is still sitting inside executive session, and voting on very important matters,” Garcia said during a Senate ethics hearing Wednesday, adding: “Either the Inspector General’s Office is incompetent, or corrupt.”
Current commissioner James Yates, also a Heastie appointee, said Thursday he had provided evidence to the Inspector General’s office that proved someone leaked confidential information.
According to the IG’s office, JCOPE commissioners and staffers flatly denied passing along insider info about the 2019 Percoco vote. Cuomo and Heastie, neither of whom were interviewed as part of the IG probe, have denied any wrongdoing.
JCOPE executive director Sanford Berland, appointed in April, defended the much-maligned commission to lawmakers, claiming it’s understaffed and underappreciated.
“I’m very well aware of the reputation that the agency has, unfortunately,” the former state judge said. “It’s not deserved.”
