April 4, 2022

New York State Joint Commission on Public Ethics

540 Broadway Albany, New York 12207

Chairman Nieves,

I formally request an investigation into Governor Kathy Hochul’s potential violation of §74 of the
Public Officers Law.

On August 23 2021, Governor Kathy Hochul filed a “recusal memorandum” with the Joint
Commission on Public Ethics on advice of her counsel. Governor Hochul agreed to recuse herself
from any dealings with Delaware North, a multi-billion dollar food and hospitality company, where
her husband, William Hochul, serves as general counsel.

Days before the missed April 1, 2022 deadline for New York State’s budget, Governor Hochul
announced, to the surprise of legislative leaders, a deal to direct $600 million to the Buffalo Bills,
as part of a $1.4 billion stadium reconstruction plan. $565 million came to the state after Gov.
Hochul froze bank accounts within the Seneca Nation to force a payment to the state, leaving
residents without access to money for food and necessities. The Times Union today reported that
a top firm lobbied the Governor’s finance head late last year regarding the “Seneca Nation
Compact” on behalf of Delaware North.

Another $250 million in taxpayer money comes from Erie County, bringing the total public
investment to $850 million.

With such a major public investment, no public discussions were ever held. Nor were the
legislative leaders of the Senate or Assembly informed of the decision to spend public dollars in
this manner.

In fact, state Senate Democratic Leader Andrea Stewart-Cousins told reporters she was not told
about the deal’s details.

This appears to be broad daylight corruption. This deal, negotiated by Governor Hochul, without
legislative leaders and without public input, is set to potentially benefit Delaware North which
operates concessions, suites and dining services at Highmark stadium, the current home of the
Buffalo Bills.

Further, Secretary to the Governor Karen Perschilli Keogh is married to a lobbyist at Bolton St.
John’s, a firm that has long been retained as a lobbyist for Delaware North. Her husband, Michael
Keogh, has directly lobbied for Delaware North as recently as 2021. Ms. Keogh also signed a
recusal memorandum.
It is unclear from vague current filings if Bolton St. John’s participated in discussions related to
the current deal, though Delaware North currently retains the firm. JCOPE must look into this
potential violation as well.

With zero transparency, the public once again will lose faith in Albany. It would be preposterous
to believe that Gov. Hochul, the only person who knew the details of the Buffalo Bills deal, did not
once speak to her husband who will potentially benefit.

I ask that you move swiftly before the public trust is eroded further.

Regards,

Michael Henry