NYS Comptroller's Ethics Mess

NYS Comptroller, Democrat Alan Hevesi, is locked in a relatively tough battle with his Republican challenger. It got a whole lot tougher once the challenger, Chris Callaghan, uncovered the fact that Hevesi was using a state-paid chauffeur to ferry around his wife, and never reimbursed the state.

Indeed, the NYS Ethics Commission blasted Hevesi:

The record in this case does not support Mr. Hevesi's assertion that there was a nexus between his role as Comptroller and any threats to Mrs. Hevesi's safety. There were no threats of any kind to Mrs. Hevesi, and any threats to Mr. Hevesi, to the extent they existed, did not warrant special protection for Mrs. Hevesi.

In its Advisory Opinion, the Commission directed Mr. Hevesi to obtain an independent assessment of the threat to Mrs. Hevesi, which he did from the State Police, who determined that the existence of such a threat was "low." Given the clear directive in the Advisory Opinion, Mr. Hevesi was not entitled to substitute his judgment, or that of his staff, for the judgment of independent security personnel.

Moreover, Mr. Hevesi's security claim appears pretextual. Mrs. Hevesi had very real health issues; she did not face any appreciable security risks. Acquafredda had no security background or training and had no significant communication with those assigned to provide security at the OSC. He was simply a driver and companion for Mrs. Hevesi.

From May through August 2003, when the Commission and the State Police were reviewing his request for security for his wife, Mr. Hevesi had already assigned to her a driver. That fact was not disclosed to the Commission. The $6,439 reimbursement that he had made to the City of New York under similar circumstances was also not disclosed. Although Mr. Hevesi takes the position that such information was "not relevant" to the advisory opinion process, the Commission disagrees. In order to render proper service to State employees, the Commission must be informed of all relevant facts bearing on the ethics issue under review.

There is no question that Mrs. Hevesi suffers from debilitating illnesses, and that those closest to her have genuine concerns for her welfare. But State employees may not use public resources to care for their loved ones. Surely, the State's Comptroller may not do so. As the New York State Court of Appeals has noted, the provisions of §74 of the Public Officers Law "are not merely innocuous platitudes or beneficent bromides" (Nicholas v Kahn, 47 NY2d 24, 32 [1979] (citing Public Officers Law §74[4]). The Code of Ethics in Section 74 mandates standards of conduct that all those charged with the public trust must follow.

The Commission concludes that there is reasonable cause to believe that Mr. Hevesi knowingly and intentionally used his position as New York State Comptroller to secure unwarranted privileges for himself and his wife, and in doing so, pursued a course of conduct that raises suspicion among the public that he likely engaged in acts that violated the public trust.

Pursuant to Executive Law §94(12)(b), the Commission hereby sends to the Temporary President of the Senate and the Speaker of the Assembly this Notice of Reasonable Cause alleging that Comptroller Alan G. Hevesi violated Public Officers Law §74(3)(d) and (h).

Hevesi is in real serious trouble, and current Attorney General (and candidate for governor) Eliot Spitzer will open an investigation as well although one can hardly expect any outcome before the election on November 7. The Albany County District Attorney is also opening an investigation.

There is a possibility that Hevesi could be removed under the Public Officer's Law (a Governor's recommendation for removal and followed by 2/3 of the State Senate voting removal).

Hevesi is responsible for the state's fiscal position - oversight of the state's pension plans, and budget oversight. That he acted in such a capricous and egregious manner suggests he is unfit to continue in his current role.

UPDATE:
Daily Kos notes Hevesi's accomplishments in his first term as comptroller, but also points out the seriousness of the allegations and findings by the Ethics Commission. The diarist thinks that Hevesi will be reelected but resign shortly after the election, but wonders if Hevesi should even be reelected at all. I am inclined to agree with the diarist as it would give the new Democratic Governor Eliot Spitzer the ability to fill the slot (quite possibly with NYC Comptroller William Thompson).

Others blogging: Rochester Turning, Buffalo Pundit, and Gothamist.

UPDATE:
CBS 2 is reporting that Hevesi has no plans to resign. He intends to compete and win reelection as Comptroller. However, top Democrats are starting to pull back from Hevesi, including Spitzer. Callahan and Hevesi are going through with the debate tomorrow, and Hevesi claims that a snafu resulted in Hevesi missing a meeting with the New York Daily News editorial board.

The Times is reporting that other Democrats are pushing for Hevesi to step down. Upstate Assemblyman William L. Parment thinks Hevesi should go and the New York City Sergeants Benevolent Association, withdrew its endorsement of Mr. Hevesi.

This situation is going from bad to worse for Hevesi.

Technorati: hevesi, new york, spitzer, ethics, scandal, democrats.