The issue of the Governor’s emergency authority is being widely discussed in Albany in the wake of the cover up of public information regarding nursing home deaths during the pandemic. The State Attorney General’s (AG’s) compelling report has been the catalyst for this discussion.

First, I have long supported the curtailing of the Governor’s emergency authority granted under Chapter 23 of the Laws of 2020 and a return to the traditional emergency authority granted to Governors under the Executive Law. This was my position long before the State AG nursing home report.

I co-sponsored legislation, introduced on May 22, 2020, which would have ensured the Legislature's rightful role as a co-equal branch of government during a state disaster emergency declaration by making the Governor's actions subject to review every 30 days. On December 28, 2020, I voted in favor of a Republican-sponsored amendment that also would have restored the Legislature's rightful role as a co-equal branch of government. This should not be a partisan issue, but a matter of protecting constitutional checks and balances.

While the uncertainty we all faced at the beginning of the pandemic may have initially warranted granting extraordinary executive authority, there is now no case to be made why the Governor cannot protect the health, safety, and welfare of New Yorkers by returning to the same law used by then-Governor Pataki on and after 9/11.

Issues related to the withholding of information regarding nursing home deaths and the current vaccine distribution fiasco only underscores the need for checks and balances as we continue to respond to the pandemic. Chapter 23 should not be extended.

Regarding the events surrounding information on nursing home deaths, we know the public was denied the truth and that the State violated the Freedom of Information Law (FOIL) in the process. More investigation is needed. I support such investigation by any and all agencies, both state and federal, who have jurisdiction, including the State Legislature as it performs its critical oversight function. Let the chips fall where they may. It is imperative that such investigations be professional, and fact based and not descend into partisan wrangling that has infected so much of government.

It also points out the need to further strengthen the Freedom of Information Law. I urge the expeditious adoption of legislation I have recently sponsored to institute civil penalties including fines for violations of FOIL as a deterrent to public officials who wrongfully deny the public’s right to know.