New York Public Personnel Law: The New York State Court of Appeals holds that the State of New York's Ethics Commission Reform Act of 2022 did not unconstitutionally vests the State Commission on Ethics and Lobbying in Government with executive power

February 18, 2025

The New York State Court of Appeals holds that the State of New York's Ethics Commission Reform Act of 2022 did not unconstitutionally vests the State Commission on Ethics and Lobbying in Government with executive power

The New York State Court of Appeals said that "Plaintiff's principal argument is that because the Commission exercises executive power, the Governor must have power to appoint and remove the Commissioners. " However, opined the court, "In New York ... the Legislature—not the Governor—may ordinarily define the terms on which non-constitutional state officers may be appointed and removed".

Considering the Plaintiff's secondary arguments, the court decided "the Commission's placement within the Department of State does not violate Article V of the State Constitution."

According, the Court said "we conclude that plaintiff has not carried his burden and reverse the order of the Appellate Division".

Click HERE to access the decision of the Court of Appeals posted on the Internet.

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NYPPL Publisher Harvey Randall, Esq. served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; Staff Judge Advocate General, New York Guard [See also https://www.linkedin.com/in/harvey-randall-9130a5178/]. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.