The Assembly, led by Speaker Sheldon Silver, is trying to slam shut the books on the sensational sexual harassment finding lodged against Assemblyman and Brooklyn Democratic boss Vito Lopez.
Not so fast.
Soon after Silver censured Lopez as a groper, word leaked that the Democratic-controlled Assembly had secretly settled with a woman whose high-profile lawyer, Gloria Allred, had previously reported inappropriate conduct by Lopez.
As far as the facts can be discerned, the deal hushed up a claim made against Lopez, a ranking Silver ally, with $103,080 in taxpayer funds. The paperwork, obtained by the Daily News under a Freedom of Information request, seems designed to obscure the nature of the transaction.
There must be a full probe of the arrangement, as well as of whether Silver gave his blessing.
The Assembly Ethics Committee cannot be trusted with such a probe. The case demands the attention of the Joint Commission on Public Ethics, the panel established by Gov. Cuomo and the Legislature as Albany’s independent watchdog.
For his part, Lopez on Monday accused his Assembly colleagues of railroading him. Spurning calls for his resignation, he said: “The charges made against me are unfair and untrue. Never did I intentionally touch or attempt to kiss either of the complainants. I have never forced myself on anyone, nor would I.”
According to the version presented by key Assembly personnel, Allred contacted Silver’s counsel on behalf of a woman who worked for the Assembly and alleged impropriety by Lopez.
An Assembly lawyer is said to have asked Allred whether the woman wanted to file a formal complaint. Allred reportedly responded that the woman preferred not to but wanted to reach an accommodation. Allred declined to comment.
The conversations led to an understanding to allow the woman to leave the job but to give her the amount she would be owed if she worked till the end of the year. The $103,080 payment document obtained by The News describes the money as being paid for “LEGAL SERVICES-SETTLEMENT” and for “LEGAL-ATTORNEY.”
Because the matter was handled informally, the Assembly and Lopez avoided having to report a settlement to the attorney general’s office.
The secrecy was so tight that even the Ethics Committee was kept in the dark — on the ground that because the woman had not filed a complaint, there was nothing for the panel to act on.
Only after two other women filed formal complaints against Lopez did the panel find out about the first case and then come down hard on him . As Silver wrote to Lopez, describing its conclusions:
“There were multiple incidents of unwelcome physical conduct toward one complainant, wherein you put your hand on her leg, she removed your hand, and you then put your hand between her upper thighs, putting your hand as far up between her legs as you could go.”
Silver’s written policy calls for sending sexual harassment complaints to the panel for investigation. Given that the Assembly counsel settled with Allred’s client, it’s a dodge to say there was no complaint, so there was no need for a referral.
The Assembly under Silver used public money to keep Lopez out of a public mess. There must be a full accounting of how that took place — as well as a complete ventilation of all the evidence presented against him.
The revelations will no doubt show once again that the Legislature cannot police itself.
