Plugged In @ Hinman Straub
August 9, 2021
What’s Inside
- Attorney General Issues Findings of Investigation into Allegations of Sexual Harassment by Governor Cuomo
- Governor Responds to the Attorney General’s Report
- Outside Counsel for Governor Responds to Findings of Retaliation
- Assembly Judiciary Committee Gives Governor Timeline for Response
- Impeachment Process
- No State Guidance on School Reopening
- New York Launches Excelsior Pass Plus
- Political Updates
- Reminders and Links
- Coming Up
Attorney General Issues Findings of Investigation into Allegations of Sexual Harassment by Governor Cuomo
On Tuesday, investigators appointed by the Attorney General released their report into the multiple allegations of sexual harassment by Governor Cuomo. The investigators concluded that Governor Cuomo did sexually harass multiple women, including former and current state employees, by engaging in unwanted groping, kissing, and hugging, and making inappropriate comments. Further, the report concludes that the governor and his senior staff took actions to retaliate against at least one former employee. Finally, the report finds that the Executive Chamber fostered a “toxic” workplace that enabled “harassment to occur and created a hostile work environment.” The investigators find that Governor Cuomo’s actions and those of the Executive Chamber violated multiple state and federal laws, as well as the Executive Chamber’s own written policies.
The report can be found in its entirety here.
Appendix I can be found here.
Appendix II can be found here.
Appendix III can be found here.
Governor Responds to the Attorney General’s Report
In a recorded statement, the Governor responded to the Attorney General’s report by denying ever touching anyone inappropriately. The Governor also responded to allegations made by Charlotte Bennett by apologizing for having made her feel uncomfortable, but, ultimately denying that his intentions were inappropriate. The Governor also characterized other accusations as common interactions that he routinely has with many people across the state. The Governor’s attorney also issued a lengthy statement addressing all allegations known to the public.
Video of the Governor’s response can be found here.
Attorney to the Governor, Rita Glavin’s statement can be found here.
Outside Counsel for Governor Responds to Findings of Retaliation
Outside counsel to the Governor, Paul Fishman, released a statement criticizing the Attorney General’s finding of retaliation against Lindsey Boylan by the Executive Chamber.
Mr. Fishman’s full statement:
“One of the report’s many errors is its conclusion that the Executive Chamber impermissibly retaliated when it responded to Lindsey Boylan’s allegations. On July 18, we provided the Attorney General’s office with a 13-page, detailed analysis explaining why such a finding would be legally and factually wrong. The report irresponsibly mischaracterizes and dismisses that analysis in a footnote.”
The analysis can be viewed here.
Assembly Judiciary Committee Gives Governor Timeline for Response
According to reports, the Assembly Judiciary has provided the Governor’s counsel with notice that it intends to complete its impeachment investigation soon and has given the Governor a deadline to submit any information or evidence by 5:00 p.m. on Friday August 13.
Director of Communications and Senior Advisor to the Governor Rich Azzopardi said in response:
“The Assembly has said it is doing a full and thorough review of the complaints and has offered the Governor and his team an opportunity to present facts and their perspective. The Governor appreciates the opportunity. We will be cooperating.”
Impeachment Process
New York has not impeached a Governor since 1913 when Tammany Hall’s William Sulzer lost favor with the machine that elected him and was impeached and removed on charges related to campaign finance violations. Barring resignation by Governor Cuomo, the legislature has singled that it intends to pursue impeachment. Below is a brief outline of that process.
Impeachment in the Assembly
First, the Assembly will need to offer a resolution outlining the charges against the Governor. The Assembly Judiciary Committee has been investigating allegations against the Governor since March. Once prepared by the Judiciary Committee, the Assembly resolution would then need to be considered by the entire body, requiring a majority of the members elected (76) to proceed. Once adopted, the Governor is technically impeached and must step down pending the outcome of the trial. The Lieutenant Governor will assume the title the powers and duties of the Governor until the outcome of the trial is determined.
Timing of Trial
Upon receipt from the Assembly of the adopted impeachment resolution, the Senate is required to set a date for trial “on a day not less than thirty nor more than sixty days from the day of delivery of the articles of impeachment.” This time is allotted to afford the Governor time to prepare a defense and the Assembly time to appoint impeachment managers and to prepare arguments.
Composition of the Court
The court is composed of all Senators, except for the Temporary President (Andrea Stewart-Cousins), and the seven judges of the Court of Appeals. The Lieutenant Governor and the Temporary President are excluded from serving as members of the court due to a conflict of interest as they are in the line of succession. At least a majority of Senators and a majority of the Court of Appeals judges must participate in the trial.
Conviction
In order to convict, the court must concur with two-thirds of the members present. This is a sliding scale depending on the number of members that participate, however, if all eligible Senators (62) and all Court of Appeals judges (7) participate, conviction would require 46 votes in favor.
Acquittal
If less than two thirds of the members of the court vote in favor of conviction, the Governor is acquitted of the impeachment charges and his powers and duties are restored.
Judgment
Only two outcomes are possible if the Governor is convicted. The Governor is either removed from office or is both removed from office and barred from holding any future office in this state. William Sulzer was removed from office in 1913, but, not barred from seeking or holding other elected office and won a seat in the Assembly the same year. Neither a conviction nor an acquittal would bar any potential criminal prosecution from occurring.
No State Guidance on School Reopening
The Department of Health announced – through a statement issued by the commissioner – that the state would not be issuing guidance related to school reopening. The commissioner cited the end of the declared state of emergency as reason for withholding such guidance. Instead, school districts and local health departments are encouraged to follow CDC guidelines. In response, the State Education Department, issued a statement requesting the Department of Health release guidance on school reopening under existing authority.
DOH Commissioner Zucker’s statement:
“With the end of the state disaster emergency on June 25, 2021, school districts are reestablished as the controlling entity for schools. Schools and school districts should develop plans to open in-person in the fall as safely as possible, and I recommend following guidance from the CDC and local health departments.”
Statement from State Education Department:
“Notwithstanding the position of the Executive Chamber that the Department of Health (DOH) will not be releasing guidance to assist schools with welcoming students back to safe and healthy learning environments in September, Commissioner of Education Betty A. Rosa has sent a letter asking Commissioner Howard Zucker to consider DOH’s statutory responsibilities as the state agency devoted to protecting the public health.
The Public Health Law provides that the Department of Health is charged with exercising control over and supervising the abatement of nuisances affecting or likely to affect public health as well as supervising and advising any local unit of government and the public health officials thereof within the state in the performance of their official duties. Currently, there is no greater nuisance affecting public health and safety than COVID-19. There is an urgent need for timely advice and supervision flowing from the State Department of Health to local and school officials as they navigate these uncertain times.
The circumstances enveloping the Executive Chamber this week should not prevent the Department of Health from the execution of its responsibilities to the public, as has been promised by the Governor’s office for months.”
New York Launches Excelsior Pass Plus
The state announced the launch of Excelsior Pass Plus to expand travel and commerce opportunities by enabling compatibility between New York State’s Excelsior Pass platform, which has generated 3 million passes and provides digital proof of vaccination or negative test result, and the SMART Health Cards Framework developed by an international consortium called VCI. Excelsior Pass Plus users can securely upload their verified COVID-19 vaccination credentials to VeriFLY, and travel internationally through American Airlines. Interested parties can learn more about Excelsior Pass Plus—including how to retrieve a Pass through the NYS Excelsior Wallet app—by visiting epass.ny.gov. Excelsior Pass Plus include can be used outside the state of New York while the original Excelsior Pass is only accepted in the state.
Political Updates
State of Politics Live Blog – continuously updated information on the developing Cuomo story.
Cuomo commissioner ‘appalled and angry’ at report.
Cuomo allies and advisors are split on whether the governor should fight or resign.
The City: Cuomo Wages a Lonely Last Fight for Power as Allies Say Resignation Appears Inevitable here.
NY Post: First sexual harassment accuser Lindsey Boylan to sue Cuomo and staff: report.
Hochul would make history if Cuomo resigns.
Reminders and Links
City & State NY’s Weekly Winners and Losers here.
Coming Up
The Senate will hold a second public hearing to solicit testimony on voting experiences and issues from voters in Westchester on August 9.
The Assembly will hold a public hearing on the provision of electric service on Long Island on August 9.
The Assembly will hold a public hearing on the Emergency Rental Assistance Program on August 10.
The Public Service Commission will hold its next meeting on August 12.
The Senate will hold a public hearing on the implementation of the COVID-19 Emergency Rental Assistance Program on August 19.
The Senate will hold a public hearing on New York State’s system of ethics oversight and enforcement on August 25.
The Board of Regents will hold their next meeting on September 13 and 14.
JCOPE will hold its next meeting on September 14.
The Senate will hold a public hearing to evaluate the current workforce challenges of the I/DD service delivery system on September 14.
The Senate will hold a public hearing to solicit testimony on proposed reforms to the voting process and operations of county boards of elections on September 21.
The Senate will hold a public hearing to review how school districts are spending Foundation Aid increases and ARP funds on September 30.
The Senate will hold a second public hearing to review how school districts are spending Foundation Aid increases and ARP funds on October 5.
**Rescheduled for Oct. 20** The Senate Task Force on Opioids, Addiction and Overdose will hold a public meeting to discuss the impacts of COVID-19 on the overdose crisis on October 20.