Ethics Commission Quietly Names New Director February 2, 2012, 12:00 pm ALBANY - The state ethics commission secretly approved a top aide to Gov. Andrew M. Cuomo as its new executive director on Tuesday, according to people with knowledge of the decision. The appointment raises question about the commission's independence from the executive branch, and its commitment to transparency. The new executive director, Ellen Biben, is a respected former federal prosecutor who served as a deputy under Mr. Cuomo in the attorney general's office, and now serves as his inspector general, a job that she would have to give up. It is not clear why the appointment was not announced, or if Ms. Biben, who is said to have applied for the job, is having second thoughts. The ethics commission, known as the Joint Commission on Public Ethics, is made up of appointees of both the governor and the legislative leaders. Legislation supported by Mr. Cuomo established the commission last year and gave it jurisdiction over the Legislature and the executive branch. Mr. Cuomo has put a priority on ethics reform in Albany, where there has been a parade of lawmakers accused or convicted of using their office for corrupt means. He hailed the ethics overhaul last year that created the joint commission as an important step in restoring the trust of New Yorkers in state government. Some legislative appointees to the commission voted against Ms. Biben's appointment, and it is said to have angered some legislative leaders. The 14-member commission's structure is already cumbersome - 11 commissioners can vote to proceed with an investigation, and yet it can still fail to go forward, under the commission's unusual rules. Janet DiFiore, the commission's chairwoman, was not immediately available for comment on Thursday, nor was Ms. Biben.