Abuse of Power

“There’s no excuse for the Speaker’s office colluding with the [governor’s office] to clean up its mess,” said Susan Lerner of the nonpartisan group Common Cause New York. “The Legislature is a co-equal branch of government, not a laundering service for the Governor.”

Susan Lerner, executive director of Common Cause/New York, said the fact that the work occurred on a weekend lent credence to the idea that the senior staff was working voluntarily. "This is obviously outside of the work week and that is what we would want to see, that this sort of assistance would take place outside of the work week," she said. "That certainly strengthens the argument that it is a voluntary activity."

The reported conduct may be a violation of ethics rules set forth in the state’s public officers law which states public officials aren’t allowed to use “his or her official position to secure unwarranted privileges or exemptions for himself or herself or others.” Susan Lerner, the executive director of Common Cause New York, saw it as a clear breach of the law. “It’s unethical and yes, I think there needs to be a serious investigation,” she said. “Our law is very clear. You cannot use state resources for personal purposes.”

That is especially significant at a time when the pandemic has disrupted the normal operations of the state legislature, said Common Cause Executive Director Susan Lerner, a good-government advocate. “What we’re seeing is extraordinary consolidation of power by the governor and acquiescence by the legislature that undercuts our entire system of checks and balances,” Ms. Lerner said in an interview. “Without the normal appointment process, there’s no way to have any oversight or accountability.”

The suit was filed on behalf of Jenifer Benn, an eligible voter who has not yet registered in Rensselaer County and is now fearful of the consequences of doing so. A coalition of advocacy groups, including the New York Immigration Coalition, the New York chapter of Common Cause, Community Voices Heard, and Citizen Action of New York are also plaintiffs.