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Thursday, November 21, 2013

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.

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