The Joint Commission on Public Ethics blamed the recent embarrassing transmission during a closed executive session on an unspecified technical issue. But critics are calling for an independent investigation based on the powerful board's own rules to determine if the leak, which could carry a misdemeanor charge, was an intentional political hit on the Assembly.
"There were technical issues that the commission was made aware of and it's since been rectified," said John Milgrim, spokesman for board. He declined to say if an investigation was made, if a person triggered the technical malfunction or if there was any indication the transmission was intentional.
"That's the answer, that's the response," Milgrim said. Later yesterday, JCOPE called a special meeting for today but announced there would be no Internet transmission.
Former commission member Ravi Batra resigned in September to protest what he saw as a lack of independence from Gov. Andrew M. Cuomo. Most of the commission's top staffers had worked for Cuomo and he appointed the chairwoman. Batra had urged the panel to investigate a gambling interest that donated $2 million to a lobbying group, the Committee to Save New York, which promotes Cuomo and his policies, as Cuomo was contemplating expanding casinos statewide.
"There was a breach of confidentiality -- accidental, technical or intentional political hit," Batra told The Associated Press of the Jan. 29 event. "In any event, there must be an independent investigation of the cause."
Batra said the leak "was a trifecta: reputation-damaging, confirming who is being investigated, and worst of all, one or more commissioners expressing the view that 'recusal,' already conflict-based, be unethically done without disclosure of the conflict." The leak, less than five minutes long during an executive session, revealed a probe into the Assembly and identified a top aide.
Milgrim said today's special meeting won't be carried over the Internet because "little lead time and limited technical resources" made webcasting "not practical." During the Jan. 29 transmission, a commissioner appointed by Assembly Speaker Sheldon Silver is heard praising one of Silver's top aides, noting the aide had "high ethical standards." The commissioner, law professor and ethicist Ellen Yaroshefsky, said she wouldn't recuse herself from a case in which the aide is apparently involved.
The issue appears to have involved an investigation of sexual harassment accusations against Democratic Assemblyman Vito Lopez and a private $103,000 settlement using taxpayer money that was approved by Silver and reviewed by staff of Attorney General Eric Schneiderman and Comptroller Thomas DiNapoli, all Democrats.