There has been much dialogue about the Governor’s emergency Executive Orders (EOs) under legislation that the Legislature passed in 2020 during the budget process that enhanced Governor Cuomo’s already existing executive authority. The purpose of the expanded authority was to quickly address the future unknown issues that would arise during the COVID-19 pandemic, understanding that there would be time-sensitive issues that could not wait for enactment through the full legislative process.  It is public knowledge that the Governor has issued many EOs over the course of the past year that have impacted all New Yorkers in one way or another.

The Governor took to the public stage almost every day during the height of the crisis and every other day since then. During these publicized briefings he discussed the forthcoming EOs. The interesting thing that most people may not realize is that the Governor, and not just this Governor, but many others have had executive order powers for generations. This is not a favorable or unfavorable statement of how that decision-making authority has been wielded, but simply presenting the fact that it has existed.

For example, Governor George Pataki issued over 120 EOs right after 9/11.  At that time America was in shock from a single event that due to the unexpected nature, this type of attack on America, that there was no discussion from what I recall about the Governor’s executive powers.  Fast forward to March of last year until today. Instead of one single event, we have a long, drawn out and not yet finished pandemic that has taken the lives of at least 37,000 residents in our state including over 15,000 residents in our nursing homes. Each and every day over 100 people at a minimum have died which means the misery and pain continues every day which of course is causing mental pain and anguish. Every life lost is a tragedy. Add to that our national politics which over the past several years has become increasingly caustic and polarizing and there is understandable anger. The concerns and frustration surrounding the COVID-19 nursing home issue have led to calls to revoke the Governor’s emergency authority.

The Governor’s emergency powers currently are set to expire on April 30th.  That being said, I support limiting the Executive’s powers sooner but it needs to be done while considering the need to address certain time sensitive issues with the speed that an EO allows.  I have heard many members of the public call for a full repeal which may sound like a way to address the concerns and what the public may want to hear in some circumstances; however, careful review of the EOs brings up certain items that we may not want to repeal, especially as we are working through the vaccination effort.  For example, I do not think we want to limit the following measures:

  • Allowing Albany County Sheriff Craig Apple’s paramedics or the EMTs of Mohawk Ambulance to give COVID-19 vaccinations to homebound seniors?
  • The ability of pharmacies to provide COVID-19 testing?
  • The ability of patients over the age of 65 to get a COVID-19 vaccine at the local pharmacy when vaccine is in stock?
  • The ability to suspend waiting periods for individuals to collect unemployment claims due to COVID-19 related job loss?
  • The waiver that allows restaurants who have been struggling to sell takeout and delivery alcohol?

My point in sharing these examples out of the hundreds of EOs is a reminder that we cannot take the issue of EOs and paint a broad brush. While we all want more information and accountability regarding the impact of the nursing home EO, that is a separate issue from a blanket repeal of the authority that is implementing other measures that the public has asked for. Instead, we need to consider the scope of the authority that should continue but we also want to ensure that the Legislature has the appropriate controls to ensure accountability and oversight.

Many of these EOs were issued because it would not be realistic to have these issues resolved through the lawmaking process in an efficient manner and not with the urgency that this pandemic requires.  Recognizing that we are a year into this pandemic and are moving forward with vaccinations, I feel that we should limit the Executive’s emergency powers and that the leadership in both legislative houses should appoint committees to review the EOs in-depth and then determine where legislation is necessary.

In the meantime, we need the information on the nursing home data and work to determine what the next steps are on that issue, continued work to address the health of our communities, and to focus on safely opening up the economy.