Gov. Andrew Cuomo’s attempt to control an investigation into sexual harassment by several women has prompted a legislative response.

On Feb. 28, the governor’s office issued four statements in the wake of women accusing Cuomo of sexual harassment. The governor’s office first planned to appoint a retired federal judge to investigate, but that proposal was widely opposed. Cuomo then asked Attorney General Letitia James and Janet DiFiore, the state’s chief judge, to jointly select an outside lawyer to conduct a thorough review and issue a public report, but James refused.

James was eventually given a referral to open her own investigation with subpoena power to compel witness testimony, documents and other evidence. Earlier this week she appointed two lawyers to lead the probe.

The confusion prompted Sen. Andrew Gounardes, D-Brooklyn, to propose S.5306 to amend the state Executive Law to establish a process by which the legislature may direct the Attorney General to initiate investigations free from interference from the governor, and that the state Legislature and Attorney General be empowered to protect any investigation from interference. State law already gives the governor’s office the power to begin investigations.

Current state law allows the Attorney General to investigate and prosecute plainly illegal misconduct by executives and agency officials when the officials request an investigation. The Attorney General can also investigate if it is a matter of “public peace, public safety and public justice” but only with the express permission of the governor or if directed by the governor. Even then, the governor controls the salary paid to investigators, has immediate access to names of those who may be appointed to investigate, has power over payment of money because the governor must countersign checks written by the Attorney General’s office, has the power to audit money spent on an investigation and has access to a weekly report in a format the governor chooses from the deputies and other officers conducting the investigation.

“This process, in which the governor both initiates and referees an investigation into himself, falls far short of delivering the independence and autonomy that an Attorney General needs in order to hold those in power truly accountable,” Gounardes wrote in his legislative justification. “This bill aims to correct this injustice by establishing a process by which the legislature may refer investigations to the Attorney General under Executive Law 63(8), independent of the executive. The bill provides that pertinent case information such as appointments and witnesses may be shared only among the deputies carrying out the investigation, the Attorney General and the legislature, and that these actors are empowered to take any measures they deem necessary to shield the investigation from inappropriate attempts to influence and subvert it. The alternative roadmap to justice established by this bill will help assure the people of New York that matters of alleged misconduct by public officials are investigated thoroughly and with integrity.”

Gounardes’ legislation has been referred to the Senate’s Investigations and Government Operations Committee and is currently co-sponsored by Democrats Todd Kaminsky of Rockville Centre, Rachel May of Syracuse, Elijah Reichlin-Melnick of New York City, John Liu of Bayside, Jamaal Bailey of the Bronx, Jabari Brisport of Brooklyn, Michelle Hinchey of Kingston, Shelley Mayer of Port Chester, Julia Salazar of Brooklyn, and James Sanders of Far Rockaway. Companion legislation has not yet been introduced in the state Assembly.