ALBANY, N.Y. — In a move reflective of ongoing efforts to enforce ethical governance, New York Governor Kathy Hochul has appointed James Caras, a seasoned attorney with extensive experience in public service, as a new member of the state’s ethics oversight body. Caras, a Manhattan resident with 31 years of service in New York City government, has been nominated to join the state Commission on Ethics and Lobbying in Government, pending confirmation by a review committee of law school deans.
Caras is positioned to serve a six-year term on the 11-member commission, which is tasked with regulating ethical and lobbying practices within the state. This commission, formulated by both the governor and legislative leaders from major parties, compensates its commissioners at a rate of $127 per hour during meetings, although they do not receive a fixed salary.
This nomination comes at a critical period for the commission, which is actively contesting its constitutionality in court. Established in 2022, the commission’s legitimacy was challenged following a ruling by a state court in September, which declared its formation a violation of the state Constitution’s separation of powers doctrine. This issue arose from a lawsuit initiated by former Governor Andrew M. Cuomo, asserting that the commission unjustly required him to forfeit millions in royalties from a book he authored while in office.
The commission previously contended that Cuomo failed to procure requisite ethical approvals before penning his book on leadership during the COVID-19 pandemic, further accusing him of utilizing state resources and employees in the process. However, Cuomo disputed these claims, maintaining that he had received necessary consent from a predecessor agency and that his staff participated on a voluntary basis.
Despite these controversies, the commission is preparing its defense, slated for presentation in August, while Cuomo is expected to respond in September. In the interim, the court has permitted the commission to continue its operations until a final decision is rendered.
Leaders of the commission, Chairman Frederick Davie and Executive Director Sanford Berland, emphasized that state ethics and lobbying laws are still fully enforceable, signaling an unwavering commitment to uphold legal standards amidst the ongoing legal dispute.
The lawsuit specifically refutes the commission’s authority to mandate Cuomo to return $5 million he received for his book, “American Crisis: Leadership Lessons from the COVID-19 Pandemic.” This contentious issue underscores the broader efforts to maintain an autonomous and effective ethics oversight apparatus in New York.
The incident and subsequent formation of the Commission on Ethics and Lobbying in Government were propelled by criticisms that its predecessor, the Joint Commission on Public Ethics, lacked independence under Cuomo’s influence. This culminated in legislative actions, spearheaded by Hochul and state lawmakers, to establish a more autonomous body.
James Caras, praised for his commitment to public integrity and his expertise in navigating complex constitutional and lobbying issues, arrives at a juncture when robust ethical oversight is crucial. Previously, during his tenure in city government under both Democratic and Independent mayoral administrations, Caras garnered commendation for his dedication to ethical governance.
The process of confirming Caras’s appointment involves review by an Independent Review Committee of 15 law school deans, part of a revised system intended to enhance the transparency, accountability, and overall caliber of appointees to this pivotal commission.
This scenario encapsulates an evolving narrative of governance, ethics enforcement, and public service in New York, highlighting a collective endeavor to fortify the pillars of state government through judicious and transparent oversight mechanisms.