Violation of the Public Trust

NASSAU COUNTY CIVIC ASSOCIATION, INC.

"The government is us, we are the government, you and I." Teddy Roosevelt

October 26, 2006

Violation of the Public Trust

Putting politics above the law

Earlier this month, it was disclosed that New York State Comptroller Alan Hevesi used state funds over a three year period to pay a state employee to act as his wife’s chauffer. Mr. Hevesi claimed that his wife was in need of security due to threats. His challenger in the Comptroller’s race, J. Christopher Callaghan called the Comptroller’s own fraud hotline in September to report the alleged misuse of public funds. Shortly there after, the NYS Ethics Commission launched a review.

Back in 2003, Hevesi asked the Ethics Commission to provide an advisory opinion as to whether his wife could receive transportation and a security detail during official events. Mr. Hevesi informed the Commission that while NYC Comptroller, he received clearance from the City’s Corporation Counsel to provide his wife with occasional transportation and security. The Commission advised Mr. Hevesi that if independent law enforcement personal establish that there are legitimate security concerns and it involves official events, the use of state resources would be appropriate. If it did not involve official events, Mr. Hevesi would be required to reimburse the state.

While this advisory opinion would appear to support Mr. Hevesi’s claim that he did not violate the law, the facts tell a different story. The commission’s investigation revealed the following facts:

§ The State Police determined the threat risk to Mrs. Hevesi was low.

§ Mr. Hevesi’s security claims were pre-texual

§ Mr. Hevesi willfully failed to disclose to the commission that in 2001, he reimbursed the City of New York for $6439 involving the same driver who chauffeured his wife while he was the NYC Comptroller

§ Mr. Hevesi did not initially disclose to the commission that there were actually two drivers who chauffeured his wife.

§ No records were maintained to account for the Chaffers time in both cases.

§ Reimbursement was made only when both matters became public

§ The $82,688.82 reimbursement to the state is insufficient

§ Mr. Hevesi had no intention of reimbursing the state

The commission determined 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”.

As the chief financial officer of New York State, Mr. Hevesi cannot effectively continue as controller. His actions may constitute criminal violations of law not to mention tax consequences. Mr. Hevesi calls it a “mistake” and has refused to resign. It’s nothing more than arrogance. Mr. Hevesi is not above the law. The same standards that apply to the average working man or woman should apply to Alan Hevesi.

As it has been reported, there are two mechanisms to remove the Comptroller; the Assembly can move to impeach him or the Governor could recommend that he be removed with the Senate making the determination whether to remove him from office. Again politics enters the arena. If he is re-elected and resigns or is removed, the entire legislature votes for his replacement. As there are more democrats as a whole in both houses, Assembly Speaker Sheldon Silver gets to pick his replacement. If he resigns prior to the election, his Republican opponent may become the next Comptroller. Regardless of the political jockeying, Mr. Hevesi must go to ensure public confidence in government.

What is even more troubling than the Comptroller’s conduct is the response of the Attorney General, Eliot Spitzer. Mr. Spitzer who previously endorsed Hevesi for re-election as Comptroller actually defended Hevesi by referring to him as “honest” and a “stupendous” public servant. He could have asked his “friend” to resign but has declined. He could have immediately initiated an investigation but did not. Only after the Albany County DA announced a probe, Mr. Spitzer announced that he will investigate to see if the reimbursement was sufficient. When looking at the Attorney General’s track record of putting politics above the law, it’s not surprising.

“We cannot afford to differ on the question of honesty if we expect our republic permanently to endure. Honesty is not so much a credit as an absolute prerequisite to efficient service to the public. Unless a man is honest, we have no right to keep him in public life; it matters not how brilliant his capacity.” Teddy Roosevelt

As our mission statement calls for open, honest and moral government, we have asked Mr. Hevesi to resign. We have contacted members of the New York State legislature requesting that the legislature conduct an inquiry to determine if Mr. Hevesi should be removed from office. The time for action is now.

Which will ultimately prevail, the rule of law or the rules according to Albany? The people are watching.