Did Melissa DeRosa violate the Public Officers Law? Or you just got Dopped Melissa

Melissa DeRosa is employed by the State of New York as the press secretary to Governor Andrew Cuomo.  This is an important point because as an employee of the executive branch she is subject to Public Officers Law section 74 (3) (c) and (d).  Which means she should not disclose confidential information and/or use her position to secure unwarranted privileges or exemptions for another.

I'm pretty sure she has done one or the other or maybe both.

How can I make that statement?

Read below Melissa's statement to the AP's Mike Gormley about the NYPIRG allegation that political parties should be required to register if they lobby.

"It has been well settled that the lobbying law does not apply to political parties," said Cuomo spokeswoman Melissa DeRosa. "This was confirmed by JCOPE and its predecessor agencies, and every credible expert on the topic knows it," she added, referring to the Joint Commission on Public Ethics."

Now lets analyze it.

"It has been well settled that the lobbying law does not apply to political parties"  Nothing wrong with this statement.  It's not accurate or truthful but that is what pr flacks like Melissa do for a living.

"This was confirmed by JCOPE"   UH OH Now Melissa has a big problem.  When and how did JCOPE confirm it?   I study this stuff and read everything JCOPE releases publicly, and plenty of stuff they keep secret, and I know for a fact that JCOPE has never confirmed that "the lobbying law does not apply to political parties" publicly.

Which leads to only two possible conclusions.

One that JCOPE secretly confirmed that "the lobbying law does not apply to political parties".  In which case Melissa just disclosed confidential information a violation of section 74 (3)(c).  Why JCOPE would have confirmed this statement confidentially is another violation for another day.

Or

Two that JCOPE never confirmed that "the lobbying law does not apply to political parties".  In which case Melissa just used her official position to lie and try to secure an unwarranted privilege or exclusion for another, a violation of section 74 (3)(d). 

Either way Melissa has a big problem except for the fact that it is JJOKE that would be prosecuting this case and "It has been well settled that JJOKE doesn't apply the Public Officers Law to the top staff on the 2nd floor ," and "This was confirmed by JCOPE and its predecessor agencies, and every credible expert on the topic knows it,".

And I apologize for plagiarizing Ms. DeRosa but I could not have said it better myself.

And speaking of plagiarism maybe Blair Horner should turn this blog entry into a complaint he can file at JJOKE . . . again.

JUNE 14 2013

That was the date that I posted on the blog that JJOKE should be investigating a whole bunch of unregistered lobbyists, among them the state democratic committee.

Don't say I didn't give everyone a heads up

Here's what I wrote

Unregistered lobbyists does JJOKE care? does the media care? why should I care?

Back in the old days this time of year brought lots of unregistered lobbyist cases to investigate. All I needed to do was listen to the radio, watch television, drive around and see the billboards. Old habits die hard and I still make note of all the lobby ads and occasionally see who isn't registered. I wonder if anyone at JJOKE does that? I wonder if anyone in the media does?

Well it's not my job and unless someone is paying me to help or hurt an unregistered lobbyist I should just mind my own business, but old habits die hard so here is one last list of unregistered lobbyists I'd be looking at if the lobby commission still existed. Hope it helps whomever still cares about this sort of thing.

Artists Against Fracking - Yoko Ono . . . hot issue celebrity involvement make it a good case to look at http://artistsagainstfracking.com/

Fair Elections for New York coalition . . .hot issue celebrity involvement make it a good case to look at http://fairelectionsny.org/dontcomehome/

New York State Democratic Party . . . it doesn't get any bigger possible gift to public official is a bonus http://auburnpub.com/blogs/eye_on_ny/video-gov-andrew-cuomo-s-clean-up-albany-television-ad/article_d65fc416-b80c-11e2-b68b-001a4bcf887a.html?utm_medium=twitter&utm_source=twitterfeed

Feminists Choosing Life of NY Action, Inc. . . the top issue today http://statepolitics.lohudblogs.com/2013/04/10/anti-abortion-billboards-coming-soon-to-albany-interstates/

I could go on and on but for anyone interested its a good start and for JJOKE it represents 10 Vito Lopez investigations worth of time and energy

"We don't receive wisdom; we must discover it for ourselves after a journey that no one can take for us or spare us"