Ethics

Two sources with knowledge of the process confirmed the NYT scoop that the Joint Commission on Public Ethics has quietly tapped a longtime top aide to Gov. Andrew Cuomo, Ellen Biben, to serve as its executive director.

The vote, which took place this past Tuesday, was not unanimous. Eleven of the 14 JCOPE commissioners voters in favor of Biben, a former federal prosecutor who worked in Cuomo’s AG office and now serves as state inspector general. The three who did not vote for her were all legislative appointees. Biben’s selection has angered the legislative leaders – particularly Assembly Speaker Sheldon Silver – according to one source. UPDATE1: I’m now told Silver is actually completely OK with Biben and will be issuing a statement shortly.

One source said two of Senate Majority Leader Dean Skelos’ JCOPE appointees voted for Biben and one abstained, but did not vote against her.

JCOPE members spent a long time behind closed doors in executive session Tuesday. They were known to be discussion the selection of a new executive director, but emerged without saying a word about their pick. (See Nick Reisman’s video below).

The commission also isn’t formally confirmining Biben’s hiring, even though she has, according to a source who received word from JCOPE Chairwoman Janet DiFiore, accepted the position.

“There’s no information to report at this time,” Theresa Schillaci, who has been more or less the acting director of JCOPE was officially formed last month, told Nick this afternoon.

I haven’t been able to get ahold of IG spokesman John Milgrim, who used to work in Cuomo’s press shop. One source told me Biben has already resigned her IG post and started her new job. Both the executive director’s position and running the IG’s office are full-time gigs. I can’t see how Biben would be able to do both.

According to one source familiar with how Biben was selected, a four-person search committee was formed that consisted of DiFiore, one Cuomo appointee, one Silver appointee and one Skelos appointee. The search committee reviewed resumes and then the majority voted to recommend Biben to the full 14-person commission.

“This was wired from the beginning,” the source said. “I think they had her in their sites from day one…Cuomo out-maneuvered everybody on this. The question is: How wide a net was cast and does it have holes in it?”

Another source said Biben’s selection was a foregone conclusion well before Tuesday and “her campaign was being run out of the governor’s office and aimed at a very select group of people: The search committee.”

UPDATE2: The WSJ’s Jacob Gershman reports the governor’s office “directly reached out to legislative leaders to promote Biben’s hiring” during the week leading up to Tuesday’s meeting.

The selection of Biben raises questions about the ability of JCOPE to be independent. The commission may find itself in the position of investigating the governor – its predecessor, the Public Integrity Commission, had to probe both Gov. Eliot Spitzer (for Troopergate), and Gov. David Paterson (for the Yankees ticket scandal and the David Johnson domestic violence mess) – and also has, for the first time, the power to investigate legislators.

The independence question led to the resignation of former PIC executive director Herb Teitelbaum, who was found by the former IG, Joseph Fisch, to have violated the Public Officers Law by sharing information with the Spitzer administration about the commission’s Troopergate investigation while it was still active.

JCOPE, which was formed last year as a result of the reform deal reached early in Cuomo’s tenure, has been under fire almost since its inception. A number of its appointees raised eyebrows and its proceedings have been criticized for a lack of transparency.

UPDATE2: Although the Cuomo administration hasn’t yet confirmed Biden’s selection, the League of Women Voters released a statement applauding her appointment, saying she will “contribute” to JCOPE’s overall goal of “strong oversight” to restore trust in state government.