Hochul again okays remote voting for lawmakers, but Nassau keeps no record of it (UPDATED WITH CLERK RESPONSE)

                                                                                 

Gov. Kathy Hochul

Wonder why people are ignoring pleas to return to the office to work?

You can thank Gov. Kathy Hochul for encouraging their hesitancy.

Democrat Hochul just signed yet another order on Tuesday extending for another month a "disaster emergency" in New York because of the Covid-19 pandemic.

And that order...just like all others she has signed since the former lieutenant governor from Buffalo was thrust into the governor's job when Gov. Andrew Cuomo resigned last August -- allows lawmakers and public boards throughout New York at all levels to continue through July 14 to appear remotedly at their governmental or agency meetings and vote.

Except for "extraordinary circumstances," lawmakers are mandated by state law to be physically present when voting to dispel any suggestion of behind-the-scenes coercion in their decision making.   

Hochul and New York City mayor Eric Adams have been urging city workers to return to the office to help revive the city, that was shut down at the height of the pandemic panic in March 2020 and has been slow to come back to life.

But if lawmakers don't have to show up in the office to work, why should regular employees?

In Nassau, Hochul's order means county legislators, who earn more than $70,000 a year for attending meetings twice a month, can continue to campaign for other offices, do their own personal work, play video games or do who knows what during legislative meetings, clicking in remotely to the official meeting in Mineola only to vote yea or nay at the appropriate time. They also avoid face to face confrontation with their constituents this way.

But the county legislature's clerk hasn't recorded who shows up in person and who clicks in remotedly...even though the state committee on open government says the meeting minutes must record who is physically present and who is remote.

Here is the quote from the open government rules on remote attendance:

A glance at the minutes posted online for all legislative meetings since the start of this year, doesn't show that Legis. Josh Lafazan of Woodbury was mostly remote from January through April, followed by Legis. Carrie Solages of Lawrence. Both Democratic lawmakers are simultaneously campaigning for their party's nomination to run for different Congressonal seats while serving on the legislature.

The only way to know who was remote and who was physically present is to watch the meeting videos, but legislators appear so small that it's difficult to determine who is who.

Awaiting a response from Michael Pulitzer, clerk of the Republican controlled legislature, as to  why remote attendance is not noted in the meeting minutes.

UPDATE: Pulitzer responded today in a statement: "The legislature has been operating under the Governor’s executive order to allow for remote meetings, which does not have a requirement to identify who attends in person or remotely. This executive order has been extended through July 14. 

He is correct. Hochul's orders didn't require a record of  remote attendance but rules issued by the New York Committee on Open Government do. (see below) They issued these rules after Hochul put a provision in her budget that allows for remote attendance during "extraordinary circumstances." Since the legislature approved her budget, that provision now stands.

Her law also requires governmental bodies to "opt in" to remote attendance during extraordinary circumstances. Let's see what lawmakers decide to do. 

Unlike Cuomo, Hochul hasn't received approval from the state legislature for any of her continuing orders declaring a disaster emergency.

She just issues them, along with empowering her appointed health commissioner to take measures that at least one state court judge declared illegal.

Nassau Supreme Court Justice Thomas Rademaker ruled in January that Hochul did not have the authority to direct the health department to issue mask mandates for New Yorker, particularly students, because she had not received legislative approval.  Noting the health commissioner is "beholden" to the governor, "this is the very antithesis of constitutionally established representative government," he wrote.

An appellate judge suspended Rademaker's decision. Since then, who knows? The issue appears to have disappeared into the morass that is New Yorks' court system.

Meanwhile, Hochul is running in a primary later this month, asking Democratic voters to make her their choice to run for governor in November. Her primary candidates are U.S. Rep Tom Suozzi of Glen Cove and New York City public advocate Jumaane Williams.