Lawmakers and several government organizations aren't convinced the private firm hired to review New York's COVID-19 pandemic practices for $4.3 million will do an adequate job, and started an early push this week to fund a separate study in the next budget they argue would yield a more transparent and effective assessment. 

Earlier this month, Gov. Kathy Hochul announced the state's COVID-19 After-Action Review is several months behind schedule, and will be completed in the middle of next year. 

A slate of good-government groups wrote the governor this week, calling for a separate review into the state's COVID-19 policies and response. 

They're pushing for legislation that would create a commission of 16 appointees — half named by the governor and legislative leaders choosing the rest — to study the state's pandemic response.

The work would be in addition to the $4.3 million state review under contract with Virginia-based firm the Olson Group Ltd. since January.

"While we look forward to what the Olson Group will produce, we don't think it's going to be a comprehensive look at the state's response to the pandemic," said Tom Speaker, legislative director with Reinvent Albany.

Speaker said Wednesday a truly independent review needs subpoena power the firm doesn't have, and is necessary after more than 80,000 COVID deaths in New York to date.

Assembly Member Jessica González-Rojas proposed the legislation in late September to create the COVID study commission, which would hold at least one public hearing and release a public report within one year of its first meeting.

The legislation does not include an estimated fiscal impact to conduct the study. Commissioners would not be paid for their time, only reimbursed for travel or other related expenses to complete the report.

"The specific outline of the governor's contract with the Olson Group says that this review does not, and will not, have the power to compel participation or document production, and I feel that takes the teeth out of the independence of the review," the assemblywoman said Wednesday.

Assembly Health Committee Chair Amy Paulin, a Democrat from Scarsdale, co-sponsors the measure. The proposal will be reviewed by the Senate and Assembly majorities after lawmakers return to Albany in January, but has not been discussed as a conference.

Lawmakers and advocates are skeptical the firm will have access to the right people, state records and documents to have an accurate picture of New York's decisions in the earliest days of the pandemic.

They argue without subpoena power, it's impossible to know what state officials will refuse to participate, or what lifesaving information will be left out of the final assessment of the best protocols in a public health emergency.

"Most of the pandemic was under the leadership of Gov. Cuomo and his administration —  many of those folks who are no longer with us," González-Rojas said.

Leaders with the Olson Group declined to answer questions about this legislative proposal, or how many people have refused to participate in the review. The firm referred all questions to the state Department of Homeland Security & Emergency Services.

"Since taking office, Gov. Hochul has prioritized strengthening New York’s emergency response posture and this review is a part of that effort. By looking back and learning the lessons of the past, we can better strengthen our operational preparedness to confront future disasters. To be clear, the extension of the review’s timeline has nothing to do with individuals refusing to participate. Given the scale and scope of this project, the vendor has taken more time to gather and review material than expected and the state has subsequently pushed back the timeline for final delivery."

Former Gov. Andrew Cuomo led the state through most of the COVID-19 pandemic, and was the brain behind most of New York's policies adopted during the public health emergency. State officials and advocates have said they want careful examination of the impact of Cuomo's pandemic decisions in early 2020, including mandating face masks across the state, closing schools to in-person classroom learning, the closure of businesses and a policy that sent COVID-positive nursing home patients back to the adult-care facility to recover in efforts to reduce hospital capacity.

"Advocates advocate and love nothing more than to hear the sound of themselves advocating," Cuomo's spokesman Rich Azzopardi said Wednesday.

Former staffers in Cuomo's administration have said they will participate in the Olson Group's review, but have yet to be contacted by the firm to schedule a time to be interviewed. Others declined to say if they'd participate. None would indicate if they've refused.

Bill Hammond, senior fellow for health policy with right-leaning think tank Empire Center for Public Policy, helped to draft the legislation. In a statement Wednesday, he said the Olson Group's report was a positive step, but lacking subpoena authority jeopardizes the independence and scrutiny of the investigation.

"There’s also a risk that any contractor — which is primarily answerable to the governor and her administration — will smooth the edges off its findings and recommendations to keep its client happy," Hammon said. "I get the sense that politicians are reluctant to reopen this topic because issues like vaccination and masking have become divisive. I would point out that a truly effective public health system tries to prevent outbreaks from happening in the first place — making large-scaled, disruptive interventions less necessary. For once, though, we need our leaders to do the right thing. This was a big deal — maybe the biggest deal of my lifetime. We got some stuff right but a lot wrong. We owe it to future New Yorkers to learn from our mistakes."

Lawmakers in favor of the commission say they'll push for it in the next budget after Hochul vetoed dozens of bills this week to create various commissions, task forces and studies. But they say additional COVID-19 review should be a priority.

"This is something that's continuing to impact a lot of people's lives and will for the foreseeable future," Speaker said.

Spectrum News 1 filed a Freedom of Information Law request for the state contract with the Olson Group on Nov. 13. DHSES has 30 days to respond, and has not sent the state contract to date.