JCOPE Opens Preliminary Inquiry in Libous Matter

According to a number of press reports, the Joint Commission on Public Ethics (JCOPE) has asked Senator Tom Libous (R-Binghamton), the Senate’s Deputy Majority Leader.  Read articles on the inquiry in the Albany Times Union, the New York Times, the Wall Street Journal.  The complaint was originally made by Democratic Binghamton Mayor Matt Ryan.

Senator Libous has acknowledged receipt of a letter of inquiry from JCOPE in relation to allegations that he improperly used his political influence to get his son a job.

JCOPE has 45 days from the start of a preliminary inquiry to decide whether to move forward with a full inquiry.

Assuming that what has been reported is accurate, this is the first known JCOPE inquiry involving a state legislator.

In a statement, Senator Libous said:

“If there is any review by JCOPE, I will fully cooperate and would hope they would do it in an expeditious manner.”

A commission spokesperson called the original Times Union article “inaccurate and misleading,” but did not provide any specific information.

It is not clear how the press learned of the letter to Libous. The Public Integrity Reform Act of 2011 requires all JCOPE commissioner and staff to sign a non-disclosure statement, and makes the unauthorized disclosure of commission information punishable as a class A misdemeanor [see Executive Law § 94(9-a)].

Senate Majority Leader Dean Skelos called the complaint against Libous “a political stunt,” and noted that these matters are supposed to be confidential.  Earlier today, Senator Skelos told reporters that he is considering looking into the matter with an eye toward “tightening up the law.”

Meanwhile, JCOPE Commissioner Ravi Batra has called for an investigation into the information leak.

There may also be some questions as to whether JCOPE has jurisdiction over this matter retrospectively.

All in all, the speculation and finger-pointing is not likely to enhance the public’s confidence in Albany’s new ethics watchdog.