Earlier today, the Appellate Division, Third Department handed down its decision affirming the order entered last September in Supreme Court, Albany County, holding that the Commission’s power to investigate and impose penalties for violations of the state’s ethics laws unconstitutionally trenches upon separation of powers principles. We respectfully disagree with the result reached by the court and are reviewing all options, including, if appropriate, recommending interim legislation.
Under the stay of the lower court’s order granted by the Appellate Division in September, the Commission has continued to administer and enforce the state’s ethics and lobbying laws. We will work with the Attorney General’s office to promptly seek review in the Court of Appeals and to continue the stay of the lower court’s order for the duration of the appellate process.
Let us be clear, the state ethics and lobbying laws (Public Officers Law §§ 73, 73-a, and 74, Civil Service Law § 107, and Legislative Law Article 1-A) remain intact. The Commission will continue to promote compliance with the state’s ethics and lobbying laws as this matter works its way through the full appellate process.
