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Complaint to the NYS Joint Commission on Public Ethics

Re: The Pataki-Cahill Group



New York State Joint Commission on Public Ethics
540 Broadway Plaza
Albany, New York 12207
www.jcope.ny.gov
518-408-3976

SWORN COMPLAINT
The J oint Commission on Public Ethics has jurisdiction to investigate potential violations
of Public Officers Law 73, 73-a, 74, Civil Service Law 107 and Legislative Law
article 1-A as they apply to state legislators, candidates for the Legislature and legislative
employees, as well as the four statewide elected officials, candidates for those offices,
executive branch state employees, certain political party chairs, and lobbyists and their
clients.

COMPLAINANT NAME: Aubrey M. Clark

ADDRESS:

CITY, STATE, ZIP: Vestal, NY 13850

TELEPHONE:

EMAIL:

COMPLAINT OVERVIEW:

In an apparent violation of the New York State Lobbying Act, the consulting firm founded
by former Gov. George Pataki and former Department of Environmental Conservation
Commissioner J ohn Cahill failed to disclose its participation in a number of meetings with
government agencies on behalf of corporate clients.

The firm, the Pataki-Cahill Group, touts its ability to help clients navigate government
agencies and gain access to new markets and opportunities and meetings in which it
participated over the past two years with the New York Power Authority, Department of
Public Service and Office of Information Technology Services pertained to contract
procurement and regulatory matters.

But neither the Pataki-Cahill Group nor its leadership which includes other former top-
ranking government officials such as Peter Smith, who previously headed the state Energy
and Development Authority has registered to lobby in New York.

We are particularly concerned about the Pataki-Cahill Groups representation of Veolia
Energy a corporation that engages in the dangerous drilling practice known as
hydrofracking, which inherently poses a risk to our water, air, climate and health of New
Yorkers and its view of hydrofracking as a promising new market.
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The J oint Commission on Public Ethics (J COPE) should investigate whether the Pataki-
Cahill Groups failure to report these activities violates the New York State Lobbying Act.


PATAKI-CAHILL GROUP HELPS COMPANIES SEEKING ACCESS TO NEW
MARKETS AND OPPORTUNITIES, NAVIGATES GOVERNMENT AGENCIES

The Pataki-Cahill Group founded in April 2007 by former Gov. George Pataki and
former state Department of Environmental Conservation Commissioner J ohn P. Cahill
2

is a business development firm providing high-level strategic and tactical advice to
companies in the energy, infrastructure, clean-tech, environmental and hard asset fields.
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The firms clients include entities ranging from small start-up energy companies to global
Fortune 50 companies seeking insight and access to new markets and opportunities.
4


Many of the core services the Pataki-Cahill Group advertises on its website include
helping firms navigate government agencies. These services include:

Develop[ing] high-level relationships for clients looking to engage with large
corporations, educational institutions, government agencies or medical facilities
[emphasis added]

Work[ing] with government agencies and NGOs to help achieve recognition of a
companys environmental commitment [emphasis added]

Facilitat[ing] communication with government agencies to develop successful
strategies for asset privatization [emphasis added]

Provid[ing] insight into government incentives to utilize federal or state funding
sources and regulations effectively
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[emphasis added]


PATAKI-CAHILL GROUP REPRESENTED CLIENTS IN GOVERNMENT
MEETINGS RELATED TO CONTRACT PROCUREMENT AND REGULATORY
MATTERS

A review of public records databases provided by the State of New York show the Pataki-
Cahill Group has, on a number of occasions, represented clients in meetings with

1
http://veolia-environnement.publispeak.com/2012-annual-sustainability-report/52.html#/pageNumber=52
2
NYS Department of State, accessed 3/12/14
3
http://www.patakicahillgroup.com, accessed 3/11/14
4
Id.
5
http://patakicahillgroup.com/coreServices.aspx, Core Services, accessed 3/11/14
government agencies pertaining to contract procurement and regulatory matters. These
meetings include:

1.) On February 14, 2013, J ohn Cahill and Peter Smith from the Pataki-Cahill Group met
with New York Power Authority President Gil C. Quiniones and Director of Resource
Planning & Project Analysis Gerard Vincitoreon on behalf of Ohio-based energy
company American Electric Power. The purpose of the meeting was listed as
Procuring a State Contract for real property, goods or services. Six officials from
American Electric Power attended the meeting, which was held at Pataki-Cahill
Groups office at 30 Rockefeller Plaza in New York.
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2.) On J une 27, 2013, Peter Smith from the Pataki-Cahill Group met with four officials
from the Office of Information Technology Services including Chief Operating
Officer Kim McKinney and Project Director for Data Center Consolidation Gary
Kuchark on behalf of MetTel. The purpose of the meeting is listed as Procuring a
State Contract for real property, goods or services. Two officials from MetTel
attended the meeting, which was held on Swan Street in Albany, New York.
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3.) On August 13, 2013, Peter Smith from the Pataki-Cahill Group met with New York
State Department of Public Service Commissioner Garry Brown on behalf of Veolia
Energy. The purpose of the meeting is listed as a Regulatory matter. The meeting
took place at Empire State Plaza in Albany and two officials from Veolia Energy
attended.
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4.) On February 19, 2014, Peter Smith from the Pataki-Cahill Group met with three New
York Power Authority officials Director Guy Sliker and engineers Sylvia Louie and
J ohn Markowtiz on behalf of Global Investment Group. The purpose of the meeting
is listed as Procuring a State Contract for real property, goods or services. Three
officials from Global Investment Group attended the meeting, which was held at 123
Main Street in White Plains, New York.
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PATAKI-CAHILL GROUP IS NOT REGISTERED TO LOBBY IN NEW YORK

Neither the Pataki-Cahill Group nor any of the employees listed on its website including
Co-Founder/CEO J ohn Cahill and Managing Director Peter Smith has registered with the
J oint Commission on Public Ethics to lobby in New York State.
10



STATE LOBBYING ACT REQUIREMENTS


6
http://www.projectsunlight.ny.gov, accessed 3/11/14
7
Id.
8
Id.
9
Id.
10
NYS J COPE Lobbying Data, accessed 3/11/14
The New York State Lobbying Act requires individuals and companies who engage in
lobbying activities to register with the J oint Commission on Public Ethics.

The law defines lobbying as any activity intended to support, oppose, modify, delay,
expedite or otherwise affect legislation, executive orders, agency rules or regulations,
government procurement, etc. The term lobbyist refers to any person or organization
retained, employed or designated by any client to engage in lobbying.
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J COPE further clarifies:

The Lobbying Act requires every lobbyist that reasonably anticipates incurring,
expending, or receiving more than $5,000 in combined reportable compensation and
expenses for lobbying activity on a state and/or local level, in any year during the
biennial period, file a biennial Statement of Registration within fifteen (15) days of
such date, regardless of when the threshold is actually reached during the biennial
period.
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While it is unclear if the Pataki-Cahill Group reached this $5,000 threshold, it is clear that
its meetings with government agency leaders on behalf of clients pertained to procurement
and regulatory matters categories for which the Lobbying Act requires disclosure.


CONCLUSION

The Pataki-Cahill Groups meetings with New York State government agencies related to
contract procurement and regulatory matters on behalf of its corporate clients strongly
suggests it has engaged in lobbying activities. In light of this, the J oint Commission on
Public Ethics should investigate the Pataki-Cahill Group, Co-Founder/CEO J ohn P. Cahill,
and Managing Director Peter Smith to determine whether their failure to report the
aforementioned activities is in violation of the New York State Lobbying Act.

###




11
NYS J COPE, Guidelines to the New York State Lobbying Act, accessed 3/11/14
12
NYS J COPE, Statements of Registration/Amendments, accessed 3/11/14

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