!

! November 22, 2013

Chair Daniel J. Horwitz Joint Commission on Public Ethics 540 Broadway Plaza Albany, NY 12207 Dear Mr. Horwitz: As we move into the new year, restoring and maintaining the publics trust in our government and political system is of paramount concern. While there have been some important steps forward on this front in recent years such as the creation of JCOPE itself our work is never truly completed. With that in mind, I write to you today about troubling recent reports indicating a disregard for high ethical standards by the Chair of the New York State Republican Party. As Chair, Ed Cox has aggressively advocated in favor of hydraulic fracturing. Disconcertingly, Mr. Cox is also a board member and direct financial beneficiary of Noble Energy Inc., a company that actively engages in hydraulic fracturing. Mr. Cox currently receives between $250,000 and $350,000 annually as a member of the companys board of directors and holds roughly $3 million in company stock. Regardless of ones partisan affiliation, this revelation is cause for serious concern and, I believe, warrants a full investigation. What is even more worrisome is that, according to an SEC filing reported by the Associated Press on November 21st 2013, Mr. Cox and Noble Energy may have lied to the Securities and Exchange Commission (SEC) and the general public regarding the companys intent to expand operations in New York State. Earlier this month Mr. Cox stated that Noble Energy did not intend to do business in New York. Yet the company maintains an active business certificate with the New York Department of State and reserves their right to conduct business in our state at any time. Just last year, Noble Energys SEC filings went so far as to cite concern over antifracking protestors as a barrier to expansion. That report specifically notes activism in New York, Pennsylvania and West Virginia against oil and gas development activities, particularly regarding the use of hydraulic fracturing.

Surely it stands to reason that Noble Energy would benefit significantly if measures to allow hydraulic fracturing in New York State were approved, as Mr. Cox has persistently lobbied for. Why then would Mr. Cox convey conflicting information about Noble Energys plans for New York? This unfortunate situation begs the question of which role Mr. Cox is purporting to fill when speaking as Chair of the State Republican Party political official, or private investor? The public is relying on JCOPE to fully examine the ethical ramifications associated with this questionable mix of public and private interests, and I urge you to swiftly undertake a full investigation to ensure that the publics trust has not, nor will be, violated. Sincerely,

Hon. Jeffrey D. Klein President Pro Tem Majority Coalition Leader!