curtailing executive privilege

Press release:

Assemblyman Steve Hawley voted "yes" on an amendment, introduced by the Minority Conference that would have taken large steps to ensure that the governor’s executive powers wouldn’t continue.

Since the start of the statewide response to the COVID-19 pandemic, Gov. Cuomo has issued 36 executive orders that impose a range of rules and regulations, from business closings to election process overhauls.

Hawley believes steps to curb that power will return the state to the more familiar democratic republic that New Yorkers expect.

However, despite the clear need for curtailing of executive privilege and overreaching of authority, the Downstate politicians voted down this amendment, keeping the governor’s power absolute. Despite this setback, Hawley is just as determined to fight and hold the Majority and the governor accountable.

“In the early stages of a pandemic, getting all of your ducks in a row is incredibly important, and the use of executive privilege in handling a crisis early on was important,” Hawley said. “However, with the decline in positive cases and the return of the legislature, it’s high time that clearer boundaries be made for what is and is not acceptable for the governor to do.

"This amendment would have restored the checks and balances system that is so crucial to our democracy. It’s a shame that my colleagues in the majority couldn’t recognize this, because it leaves the door open for power abuse and manipulation in the future. That’s no future I want to see in this state, so I will be fighting diligently to return the checks and balances.”

Specific provisions of the proposed legislation included:

• County-by-County Declaration – All state of emergency declarations would be done on a county-by-county basis rather than statewide, with a detailed explanation for each county based on the specific facts and circumstances of such county justifying the emergency declaration.
• Limited Duration – All emergency declarations would automatically end within 30 days, and could be extended by the governor for an additional 15 days. No other extension could occur without being authorized by the state Legislature.
• Local Authority – The county executive, chairperson of a county legislature would be able to request that the governor terminate any state of emergency that applies to their respective county. If the governor does not grant the request, he must provide the specific reasons why the request was denied.
• Due Process – Any Executive Order that impairs freedom of assembly, freedom of speech, freedom of worship, the equal protection of the law, the loss of liberty or property, or other fundamental constitutional rights would be subject to due process review, in a manner specified in the Executive Order and subject to independent judicial review.