Cuomo wants state to pay his lawyer fees in fighting harassment claims
ALBANY — Former Gov. Andrew M. Cuomo is suing to get the state to pay for his attorneys’ fees incurred in his fight against sexual harassment claims, arguing that they arose while he was “acting within the proper scope of his public employment or duties.”
Cuomo’s lawsuit is against Attorney General Letitia James, who had refused Cuomo’s requests to have the state pay his legal bills in defense of the sexual harassment claims that led to his resignation on Aug. 24, 2021.
In the lawsuit dated Wednesday, Cuomo said a provision of state Public Officers Law shows the state should pay for his defense against accusations of sexual harassment and a threatened civil lawsuit made by some of his accusers.
The law states in part: “The state shall provide for the defense of the employee in any civil action or proceeding in any state or federal court arising out of any alleged act or omission which occurred or is alleged in the complaint to have occurred while the employee was acting within the scope of his public employment or duties, … the employee shall be entitled to representation by private counsel of his choice in any civil judicial proceeding whenever the attorney general determines … that representation by the attorney general would be inappropriate.”
A spokeswoman for James argued that sexual harassment wasn’t part of Cuomo’s job that would be protected under Public Officers Law.
“Andrew Cuomo is trying to force New Yorkers to pay his legal bills because he believes sexual harassment was within his 'scope of employment' as governor,” said James’ spokeswoman Delaney Kempner. “Sexually harassing young women who work for you is not part of anyone’s job description. Taxpayers should not have to pony up for legal bills that could reach millions of dollars so Mr. Cuomo’s lawyer can attack survivors of his abuse."
Cuomo seeks an unspecified amount for his private attorneys.
James issued a report on Aug. 3, 2021 that concluded that Cuomo broke multiple laws in sexually harassing 11 women, some of whom were current and former staffers. Cuomo denied sexually harassing anyone. With the Assembly vowing to vote on possible impeachment by the end of the month, Cuomo resigned. Five prosecutors reviewed accusations by several of the women, but none lodged criminal charges.
A previous case tested the limits of the same Public Officers Law Cuomo cites in his lawsuit
In 2012, then-Attorney General Eric Schneiderman also denied payment for the lawyer fees amassed by former Senate Majority Leader Joseph Bruno as he fought corruption charges brought by the U.S. Attorney’s Office. In 2014, however, Schneiderman relented and the state paid $2.4 million to Bruno. Bruno, who died in 2020, had cited the same provision of Public Officers Law that Cuomo cited in the current lawsuit. Bruno was ultimately acquitted of felony corruption charges in a trial.
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.
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