MTA’s Lhota says he’s free to lobby in his job, but doesn’t
MTA Chairman Joe Lhota defended his role as a registered lobbyist. Credit: Jeff Bachner
ALBANY — Metropolitan Transportation Authority chairman Joe Lhota on Wednesday defended his continuing position as a registered lobbyist, but said he has not lobbied since he was appointed by Gov. Andrew M. Cuomo to head the mass transit system.
Common Cause/NY, a good-government group, filed a complaint earlier Wednesday to the state Authorities Budget Office, which oversees the state’s public authorities.
“It’s an apparent conflict of interest for the head of the MTA to actively lobby for another organization,” said Susan Lerner, executive director of Common Cause/NY. “Mr. Lhota is not exempt from the rules — he should discontinue lobbying immediately. The ABO should investigate Mr. Lhota swiftly and act accordingly.”
“I am not an employee of the MTA,” Lhota said in a Facebook Live telecast of a news conference. “I have not lobbied while I was on this job, but I am not prohibited from it . . . I look forward to an investigation.”
Lhota’s return to the MTA was a surprise in June. Cuomo nominated him and the Republican-controlled Senate confirmed the nomination in the final days of the legislative session as Cuomo faced mounting criticism for delays and overdue maintenance of the system.
A Cuomo spokesman didn’t respond to a request asking whether the governor’s office approved of Lhota being a registered lobbyist. Lhota took the MTA at a nominal pay of $1 per year.
The Authorities Budget Office said it is evaluating the complaint and if an investigation is done, the results will be made public.
“This is a matter for the MTA board and it’s, at best, highly unusual,” said Richard Brodsky, the former assemblyman whose legislation created the ABO and who teaches at the Wagner School at New York University. “The Authorities Budget Office ought to take it seriously.”
The MTA ethics code states: “Employees are prohibited from outside employment, business, professional, or other outside activity that interferes or is in conflict with the proper and effective discharge of the individual’s official duties or responsibilities. . . . Any MTA employees who wish to engage in outside employment/activities must consult with their agency’s Human Resources Department or Ethics Committee to determine what dual employment or outside activity policy exists at the employing agency.”
State lobbying records show Lhota is registered as a lobbyist for an entity called New York University Hospitals Center through 2018. His lobbying began in 2009 representing Madison Square Garden LP, and included NYU Hospitals and its predecessor since 2013, according to the lobbying records.
Hours after Lhota’s comments, the MTA released a statement Lhota received from the Joint Commission on Public Ethics that said Lhota is a board member and an employee paid per diem, not a full-time employee, and so is not subject to a ban from other employment. Lhota also advised the MTA and NYU Hospitals that he would not do any work that involved both entities.
“I’m like any other board member; I do have a right to do work somewhere else,” Lhota said.
There is no executive director now. A search continues.
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.
When Springsteen brought 'Santa' to LI ... 100th birthday for Purple Heart, Bronze Star recipient ... Get the latest news and more great videos at NewsdayTV
