New watchdog, old tricks: An official at the state’s reinvented state ethics commission makes a big mistake

Daily News Editorial Board, New York Daily News
·2 min read

Thanks to the Times Union newspaper in Albany, we know that the vice chair of the brand new state Commission on Ethics and Lobbying in Government, Leonard Austin, went to a fundraiser for Assembly Judiciary Committee Chair Chuck Lavine’s reelection. That’s a tremendous no-no for a watchdog who is supposed to be watching legislators, not cheering their campaigns, even if Austin didn’t make a contribution like his wife did.

Austin did this on Oct. 9, less than month after the inaugural meeting of the successor to the widely panned JCOPE, at which he was elected CELG vice chair. These facts come not from the commission or Austin, but the Times Union. Typical.

The public portion of yesterday’s commission meeting, where Austin properly apologized, was on video — but if you missed it live, there was no archive available until last night. That’s a small technological failing of the panel. Much more troubling are bone-headed moves like Austin’s, subverting the credibility of the whole enterprise.

Note that Austin is only the interim vice chair, matching the interim chairman and interim executive director. They all have that status because the agency is not even operating at two-thirds strength. The seven seated commissioners are waiting for four more members to be confirmed by a committee of the deans of New York State’s 15 law schools.

Assembly Speaker Carl Heastie, who appointed Austin, had his other nominee rejected by the deans, as was the pick of Attorney General Tish James. Heastie and James each have a new name before the deans now, while we wait for Gov. Hochul, who still has a vacancy to fill. Hochul must get moving and not wait until after the election.

The 11th seat belongs to Senate Republican Leader Rob Ortt, whose pick, Gary Lavine, was rejected by the deans. Lavine is now suing everyone and the courts may scramble everything.

Meanwhile, Albany’s terribly poor ethics still need to be properly policed. Those on the beat, like Austin, should be aiding the effort, not undermining it.