THE ASSEMBLY

STATE OF NEW YORK

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CHARLES D. LAVINE
th

Assemblyman 13 District
CHAIR
Ethics and Guidance Committee
CO-CHAIR
Legislative Ethics Commission

January 29, 2015

Members of New York State Assembly
Via Email
Dear Colleagues,
The experience of having served as Chairman of the Assembly
Standing Committee on Ethics and Guidance and as co-Chair of the
New York State Legislative Ethics Commission over the past two
challenged filled years has given me a unique insight into our
current ethical crisis.
With each and every instance of corruption, the publics
faith in our governmental institutions decreases and cynicism,
the easiest and least courageous response, increases. To me,
once a child of the Kennedy era, government is nothing less than
the organizational extension of community, with public
corruption cutting at the very heart of our sense of community
itself.
The New York State Assembly is now in the process of
selecting a new Speaker. There are currently four announced
candidates. Each is a friend and each has the capacity to well
serve the Assembly and the People of the State of New York.
Each candidate has indicated an interest in some type of
reform dealing with ethical conduct. While it would not be
appropriate for the Chair of the Ethics Committee and the NYSLEC
to advocate for any one of these candidates, it is highly
appropriate that I ask each to address the following proposals:
Reform: In discussions with many Assemblymembers over the
last days, it becomes obvious that the word reform has many
meanings and seems, like beauty, to be in the eye of the
beholder, ranging from new district office furniture to term
limits to the return of member item discretionary funding. Some
of my colleagues want to adopt reforms immediately. While this

ALBANY OFFICE: Room 441, Legislative Office Building, Albany, New York 12248 (518) 455-5456 FAX (518) 455-5467
DISTRICT OFFICE: 70 Glen Street, Suite 249, Glen Cove, New York 11542 (516) 676-0050 FAX (516) 676-0071
EMAIL: lavinec@assembly.state.ny.us

desire may be a natural reaction to our crisis, there is

absolutely no unanimity on the form these reforms should take.
I believe that any meaningful effort at reform demands
embarking on a true partnership with our citizens and can only
be produced after the Assembly has listened to the voice of the
people. Public hearings must be conducted throughout the State
to learn the opinions of our fellow New Yorkers, including good
government experts.
New Structure for Assembly Ethics Committee:
A. The Standing Committee on Ethics and Guidance is
provided for in the Assembly Rules. Its jurisdiction, however,
is essentially limited to investigating claims of sexual
harassment and retaliation and making appropriate
recommendations to the Speaker. It is unique among all Standing
Committees in that it is the only committee that is completely
bipartisan and acts only with consensus of its four Republican
and four Democratic members. The Committees chair serves as
well as co-chair of the bipartisan Legislative Ethics
Commission.
This committee is indispensable and its members and I are
extraordinarily proud of the demanding work it has performed.
No committee has met more in the past two years. It is,
however, very misleading for the People of the State of New York
to believe, based on the Committees name (i.e., Ethics
Committee), that it has general jurisdiction over all matters
of ethics.
I suggest that a new Committee should be provided for under
the Assembly Rules known as the Committee on Civil Conduct and
Guidance, which Committee shall have the present Committees
jurisdiction over matters of sexual harassment/retaliation and
guidance.
B: The Assembly Rules must be amended to provide for the
formation of a new Committee to be known as The Assembly
Standing Committee on Ethics, vested with the original
jurisdiction of reviewing and vetting all proposed legislation
dealing with ethical issues. This Committee should have the

ALBANY OFFICE: Room 441, Legislative Office Building, Albany, New York 12248 (518) 455-5456 FAX (518) 455-5467
DISTRICT OFFICE: 70 Glen Street, Suite 249, Glen Cove, New York 11542 (516) 676-0050 FAX (516) 676-0071
EMAIL: lavinec@assembly.state.ny.us

power to conduct hearings, issue reports and recommendations and

be fully staffed.
Assembly Staff: The New York State Assembly is truly
fortunate to have the services of a first rate central staff of
dedicated professionals including, but not limited to, bill
drafters, analysts, lawyers, statisticians and economic experts.
We rely heavily on these talented professionals and could not
function without them. They do the real heavy lifting, often
going without sleep for days during budget preparation and late
session negotiations.
Our staff is passionately dedicated to the Assembly as an
institution. One need only look at their faces these last days
to see how demoralized they are.
I became Chairman of the Ethics Committee during the
stormiest days of the Vito Lopez crisis, at the very moment our
then Speaker announced that Assembly staff would no longer be an
integral part of the Ethics Committees process. I know too
well the dangerous disadvantage of having to work without being
able to count on the professionalism and institutional knowledge
of staff. We cannot allow anything similar to occur again.
I will want to know how the Speaker candidates intend to
restore and strengthen and confidence of the Assembly staff.
As an institution that has served the interests of the
People of our State since the days of our Revolution, the
Assembly now needs to repair itself, and our next Speaker must
be able to provide the leadership necessary to begin this
process of healing.
Sincerely,
Charles D. Lavine
Member of Assembly

Cc:

Hon. Andrew Cuomo

ALBANY OFFICE: Room 441, Legislative Office Building, Albany, New York 12248 (518) 455-5456 FAX (518) 455-5467
DISTRICT OFFICE: 70 Glen Street, Suite 249, Glen Cove, New York 11542 (516) 676-0050 FAX (516) 676-0071
EMAIL: lavinec@assembly.state.ny.us

ALBANY OFFICE: Room 441, Legislative Office Building, Albany, New York 12248 (518) 455-5456 FAX (518) 455-5467
DISTRICT OFFICE: 70 Glen Street, Suite 249, Glen Cove, New York 11542 (516) 676-0050 FAX (516) 676-0071
EMAIL: lavinec@assembly.state.ny.us

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Sincerely,

Charles D. Lavine
Member of Assembly

ALBANY OFFICE: Room 441, Legislative Office Building, Albany, New York 12248 (518) 455-5456 FAX (518) 455-5467
DISTRICT OFFICE: 70 Glen Street, Suite 249, Glen Cove, New York 11542 (516) 676-0050 FAX (516) 676-0071
EMAIL: lavinec@assembly.state.ny.us