ALBANY — The state’s ethics watchdog agency has gotten the green light from an Albany judge to investigate potentially illegal donations given to Mayor Bill de Blasio’s since-closed not-for-profit group.
Albany State Supreme Court Judge Richard Platkin ruled that the Joint Commission on Public Ethics has the authority to pursue a probe into Broadway Stages’ communications with de Blasio as well as $60,000 in donations.
The film studio — whose CEO and president Gina Argento raised more than $110,000 for de Blasio’s 2013 campaign and transition period — filed a lawsuit in November 2019 seeking to quash a subpoena from JCOPE seeking communications between the company, de Blasio, and his now-shuttered Campaign for One New York charity and lobbyist James Capalino, according to the lawsuit.
Broadway Stages claimed JCOPE can’t investigate individuals who give “gifts” and is limited to regulating officials who receive those monetary donations. It also denied donating to CONY following a request from de Blasio or any another public official.
The panel’s regulations bar lobbyists and their clients from giving gifts to a public official, or third parties on behalf of or at the request of an official.
“JCOPE’s interpretation of the Lobbying Act is rational, reasonable and consistent with the overarching legislative scheme concerning gift restrictions set forth in the Public Officers Law and Lobbying Act,” wrote Platfkin in a July 9 decision reviewed by The Post.
He added that this conclusion is reinforced because JCOPE is already empowered through state law with “enforcing the gift restrictions and investigating violations.”
“For essentially the same reason, the Court rejects petitioner’s contention that the Subpoena should be quashed because JCOPE lacks authority to investigate conduct that would only constitute a violation of its regulations,” he continued.
“In any event, the provision relied upon by petitioner … does not restrict JCOPE’s authority to investigate potential regulatory violations.”
The ruling is the latest development in a saga involving the mayor, his former charity and a gaggle of lobbyists.
Capalino lobbied City Hall on several occasions for Broadway Stages, whose client list include TV shows such as “Billions,” “Ray Donovan” and “Mr. Robot,” according to City records.
He donated $10,000 to CONY and raised an additional $90,000 from clients at the request of de Blasio’s campaign treasurer, Ross Offinger.
In 2018 he settled with JCOPE and was slapped with a $40,000 fine for ethics violations.
While JCOPE has come down hard on de Blasio and his donors, the ethics watchdog has come under fire for slow-walking their investigation into Gov. Andrew Cuomo’s former right hand man Joe Percoco, who served as his campaign manager and executive deputy secretary, and was convicted and sent to federal prison for accepting over $300,000 in bribes.
JCOPE spokesman Walter McClure responded, “The decision speaks for itself.”
“The decision does not change our position. Let’s wait for the appeal,” Broadway Stages spokesman Juda Engelmayer told The Post.