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THE PEOPLE FIGHT BACK...

Going Where the Commission to Investigate Public Corruption Did NOT:

JOINT COMMISSION ON PUBLIC ETHICS
(JCOPE)


& the belatedly appointed
JCOPE/LEC REVIEW COMMISSION

 

Part A, Sec. 21 of the Public Integrity Act of 2011
(Chapter 399 of the Laws of 2011)

 

"No later than May 1, 2015, the governor and the legislative leaders shall jointly appoint a review commission to review and evaluate the activities and performance of the joint commission  on  public  ethics and the legislative ethics commission in implementing the provisions of this act. On or  before  March 1, 2015,  the review commission shall report to the governor and the legislature on its review and  evaluation  which  report  shall  include  any administrative  and  legislative  recommendations  on  strengthening the administration and enforcement of the ethics law in New York state.  The review commission shall be comprised of eight members and the governor and the legislative leaders shall jointly designate a chair from among the members."

     

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CJA's July 11, 2014 letter to the "Three Men in the Room" -- Governor, Temporary Senate President, & Assembly Speaker -- "RE: Getting to First Base in Achieving 'the Dream of Honest Government'"
         (1) Rectifying your violation of “The Public Integrity Reform Act of 2011” by appointing the review committee to evaluate JCOPE that you were required to appoint “No later than June 1, 2014”;
       
(2) Making public your “written response”, if any, to CJA’s June 27, 2013 ethics complaint against you, filed with JCOPE 

 
CJA's July 18, 2014 letter to JCOPE -- "RE: The Record of JCOPE’s Handling of Complaints:       
     (1) 
Status of CJA’s June 27, 2013 ethics complaint;
     (2) 
Rectifying your violation of Executive Law §94.9(l)(i) ('The Public Integrity Reform Act of 2011') by supplementing your 2012 and 2013 annual reports with the statutorily-required list of assigned numbers for each complaint and referral, including the status of each complaint."
   

CJA's December 11, 2014 ethics complaint to JCOPE -- "RE: Conflict of Interest Ethics Complaint vs Governor Andrew Cuomo, Legislative Leaders, & JCOPE for Violation of the Public Integrity Reform Act of 2011 Pertaining to the Review Commission Statutorily-Required to be Appointed 'No later than June 1, 2014'”


*     *     *          

Part DD of Budget Bill S.2006-B/A.3006-B
introduced & passed MARCH 31, 2015:

 

   “Section  1.  Section  21 of part A of chapter 399 of the laws of 2011, relating to establishing the public integrity reform  act  of  2011,  is amended to read as follows:

 

   S 21.  No  later than [June 1, 2014] MAY 1, 2015, the governor [and], the [legislative leaders] TEMPORARY PRESIDENT  OF  THE  SENATE  AND  THE SPEAKER  OF  THE  ASSEMBLY  shall jointly appoint a review commission to review and evaluate the activities and performance of the joint commission  on  public  ethics and the legislative ethics commission in implementing the provisions of this act. On or  before  [March]  NOVEMBER 1, 2015,  the review commission shall report to the governor and the legislature on its review and  evaluation  which  report  shall  include  any administrative  and  legislative  recommendations  on  strengthening the administration and enforcement of the ethics law in New York state.  The review commission shall be comprised of eight members and the governor [and], the [legislative leaders] TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY shall jointly designate a chair from among the members.

     S 2.  This act shall take effect immediately.”

*     *     *         

    

CJA's June 18, 2015 letter to JCOPE/LEC Review Commission --
"RE:
Ensuring Honest Review by the JCOPE/LEC Review Commission:
(1) Your Methodology for Reviewing and Evaluating the Joint Commission on Public Ethics & Legislative Ethics Commission -- Including Public Hearings; (2) Your Protocol with Respect to Conflicts of Interest
"

              

CJA's June 22, 2015 letter to JCOPE/LEC & Public Officers --
"RE: Enabling
Honest Review by the JCOPE/LEC Review Commission:  Rectifying JCOPE’s violations of Executive Law §94.9(l)(i) by furnishing the statutorily-required yearly 'listing of assigned numbers of each complaint and referral received…including the status of each complaint'”

*    *    *

E-MAILS OF CJA's REQUEST TO TESTIFY --  & FOR OTHER INFO

CJA's September 28, 2015 e-mail -- "Request to testify at October 14, 2015 public hearing of the 'New York Ethics Review Commission'"

CJA's October 7, 2015 e-mail -- "Again -- Request to testify at October 14, 2015 public hearing of the 'New York Ethics Review Commission'"

October 7, 2015 e-mail response from Ariel Dvorkin, Coordinator for Commission
-- "Re: Again -- Request to testify at October 14, 2015 public hearing of the 'New York Ethics Review Commission'"

CJA's October 12, 2015 e-mail to David Grandeau -- "RE: Your FOIL Request to the JCOPE/LEC Review Commission" (with cc's to Review Commission)

 

click here for:
October 14, 2015 First & Only Public Hearing
of JCOPE/LEC Review Commission
& Elena Sassower's testimony
(at 0:44:06 minutes - 1:11:15 hours)

transcription of Elena Sassower's testimony

What was in those file folders that Elena Sassower handed up to the Commissioners before beginning her testimony?

(1)  CJA’s June 18, 2015 letter addressed to the members of the JCOPE/LEC Review Commission   link

(2)  CJA’s June 22, 2015 letter addressed to JCOPE, LEC, the Governor, Legislative Leaders, and investigative and prosecutorial authorities – to which the members of the JCOPE/LEC Review Commission were recipients link

(3) 
CJA’s July 27, 2013 conflict-of-interest ethics complaint, filed with JCOPE, against the Governor, Attorney General, Comptroller, Legislators, etc., with its accompanying April 15, 2013 criminal complaint to U.S. Attorney Bharara – and JCOPE’s July 28, 2013 acknowledgment letter link

(4)  CJA’s December 11, 2014 conflict-of-interest ethics complaint, filed with JCOPE, against the Governor, Legislative Leaders, and JCOPE, with its three enclosures: (1) CJA’s July 11, 2014 letter to the Governor & Legislative Leaders; (2) CJA’s July 18,  2014 letter to JCOPE; (3) the City Bar’s July 9, 2014 letter to the Governor & Legislative Leaders – and JCOPE’s December 16, 2014 acknowledgment letter   link

(5)  CJA’s December 12, 2014 conflict-of-interest ethics complaint to LEC  link

(6)   CJA’s November 8, 2011 Executive Summary of its October 27, 2011 Opposition Report  link

AND what further documents did Elena Sassower hand up during her testimony?

(1) Chapter 567 of the Laws of 2010 establishing, every four years, a Commission on Judicial Compensation   link

(2) the August 29, 2011 Final Report of the Commission on Judicial Compensation  link

(3) a full copy of CJA’s October 27, 2011 Opposition Report, including its two Compendia of Exhibits and the 2002 two final motions to the Court of Appeals in the Article 78 proceeding Elena Ruth Sassower, Coordinator of the Center for Judicial Accountability, Inc., acting pro bono publico v. Commission on Judicial Conduct of the State of New York  link

(4) the first three pages – and four causes of action – of the March 30, 2012 verified complaint in CJA's declaratory judgment action Center for Judicial Accountability, Inc....on behalf of the People of the State of New York & the Public Interest v. Cuomo, Schneiderman, DiNapoli, Legislative Leaders, Legislature, Lippman, Unified Court System & the State of NY  link

                       Other witness presentations

*  *  *

PRESS COVERAGE
OF THE COMMISSION's OCTOBER 14, 2015 PUBLIC HEARING

October 14, 2015:  Karen DeWitt:   "Witnesses testify of dysfunction on state ethics commission at public hearing", WRVO;   & "Witnesses at Public Hearing Say Ethics Commission Not Living Up to Its Mission", WXXI, also; WXKG , North Country Radio;

October 14, 2015:  "JCOPE review chairman says he asked Cuomo for staff", Capital Confidential-Albany Times Union, Chris Bragg

October 15, 2015:  "Reform Proposals Fly as Panel Evaluates Ethics Watchdog", Gotham Gazette, Samar Khurshid

 click here for more:  PRESS IN ACTION

*  *  *

CJA's POST-HEARING CORRESPONDENCE

CJA's October 19, 2015 FOIL/Records Request -- "RE:  Is the JCOPE/LEC Review Commission Lawfully Constituted?"

             
October 26, 2015 acknowledgment from Gov
                
October 26, 2015 response from Senate
                
October 26, 2015 response from Assembly

              November 24, 2015 extension letter from Gov
             December 23, 2015 letter from Gov   enclosure


CJA's October 21, 2015 letter to JCOPE -- "RE: FOIL/Records Request I: Assisting the JCOPE/LEC Review Commission with a methodologically-sound review:  (1) JCOPE’s 'internal procedures for intake and review of all tips and complaints'; (2) JCOPE's 'case management system'  

     JCOPE's First-Year Report  
        JCOPE's 2012 Annual Report
 
        JCOPE's February 2015 Report

     
Executive Law §94  Legislative Law §80  State Administrative Procedure Act

                 JCOPE's October 28, 2015 response


CJA's October 21, 2015 letter to JCOPE -- "RE:  FOIL/Records Request IIAssisting the JCOPE/LEC Review Commission with a methodologically-sound review: litigations against JCOPE, such as brought by Donald Trump"

      JCOPE's 2013 Annual Report
          JCOPE's 2014 Annual Report

Trump August 7, 2014 Article 78 petition:
Trump v. JCOPE

JCOPE's October 8, 2014 notice of motion to dismiss Trump petition
& affirmation of JCOPE Chief of Staff/Deputy Counsel Stamm
& October 8, 2014 memorandum of law

November 21, 2014 affirmation of Trump Executive VP/General Counsel
&
Trump November 21, 2014 memorandum of law

JCOPE's December 12, 2014 reply in further support of dismissal motion

February 11, 2015 decision in Trump v. JCOPE
"The requirement that a vote be held within 45 days from receipt of a complaint
is a purely ministerial act —
which must be carried out in accordance with the clear statutory language.” (at p. 7).

        JCOPE's October 28, 2015 response

CJA's October 21, 2015 letter to JCOPE/LEC Review Commission --
"RE:  Bringing the Commission's Website Out of Hiding"

 
                  screenshot of JCOPE/LEC Review Commission website
                    "A description for this result is not available because of this site's robots.tex
                                                     --
learn more"

 

CJA's October 22, 2015 letter to LEC -- "RE:  FOIL/Records Request: Assisting the JCOPE/LEC Review Commission with a methodologically-sound review – LEC’s annual reports for 2013 and 2014 & website

                                     LEC website

            LEC's October 26, 2015 response

CJA's October 26, 2015 letter to JCOPE -- "RE: FOIL/Records Request -- Assisting the JCOPE/LEC Commission with a methodologically-sound review: JCOPE's legislative recommendations"

IN THE SENATE:

(1) the six-member Senate Committee on Ethics

(2) the nine-member Senate Committee on Investigations and Government Operations

         

IN THE ASSEMBLY:
               (1)
    
the eight-member Assembly Committee on Ethics and Guidance
              
(2)     the fourteen-member Assembly Committee on Governmental Operations
 
              (3)     the seven-member Assembly Committee on Oversight, Analysis, & Investigation

 

    JCOPE's November 2, 2015 response

 

CJA's October 27, 2015 letter to JCOPE -- "RE: FOIL/Records Request -- Assisting the JCOPE/LEC Commission with a methodologically-sound review: JCOPE's written delegations of power to its executive director and, specifically, with respect to 15-day letters"

                   City Bar/Common Cause Report - Hope for JCOPE

               JCOPE's November 5, 2015 response

      

     

 

 

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