HA ha...
and the RATS take another one in the...
Posted on 10/24/2006 1:37:02 PM PDT by conservative in nyc
Senate Majority Leader Joseph Bruno on Tuesday called for embattled state Comptroller Alan Hevesi to resign, saying his failure to reimburse the state for the use of a staffer as his wife's driver represents "a serious breach of the public trust."
In a scathing report Monday, the state Ethics Commission said Hevesi, a Queens Democrat, broke the law by failing to pay for the driver despite a 2003 advisory opinion from the commission that he should. The commission faulted him for not tracking the employee's time and noted that Hevesi had assigned another state driver for his wife even before seeking permission.
"The public will not benefit from a dragged out, divisive process," said Bruno, the Legislature's most powerful Republican. "In light of the facts, the comptroller should not try to hang on through Election Day, but, for the good of the state, should resign immediately.
"We are talking about integrity, accountability and the public trust," Bruno said.
There was no immediate comment from Hevesi's campaign.
The Ethics Commission sent its findings to the Legislature for further action. It said Hevesi's "failure to keep any record that would allow for proper reimbursement suggests that Mr. Hevesi did not intend to reimburse the state." The commission also said there was little evidence Hevesi's wife needed security protection, as the comptroller suggested when he asked in 2003 whether the chauffeur hiring would be proper.
Hevesi could face a fine, suspension or removal from office. The Albany County district attorney's office has also launched a criminal investigation into the matter.
The process for removing a top state official has been under review since release of the commission report, but the question remains unsettled.
Bruno said Monday that the state's public officers' law says that the comptroller or attorney general may be removed from office by a two-thirds vote of the Senate on the recommendation of the governor.
But the state constitution also says impeachment proceedings may start in the Assembly and then go to the Senate for a trial. On Tuesday, Republican Assembly Minority Leader James Tedisco called on Assembly Speaker Sheldon Silver to begin impeachment proceedings against Hevesi. There was no immediate response from Silver.
Hevesi, who has rejected other calls to step down, said Tuesday he will debate the Republican challenger he has ignored for months.
He agreed to the Wednesday night debate against J. Christopher Callaghan as the once lopsided race has turned into the fight of -- and for -- his career. The debate was scheduled for 7 p.m. Wednesday at NY1's studio in Manhattan.
"He has capitulated and agreed to meet us," said John Callaghan, the son of the GOP candidate. "We're looking forward to seeing Mr. Hevesi pleading his case to the voters."
Separately, experts said Hevesi could also face tax problems because he failed until recently to pay for the services of the state worker.
Hevesi, a former Assemblyman seeking a second four-year term as the state's chief financial officer, acknowledged last month that he had not paid the state for use of the driver since 2003. Hevesi later apologized publicly and paid $82,688 for the worker's service.
Robert Green, a professor at Cornell Law School, said the assignment of a driver for Hevesi's wife probably would not qualify as tax-exempt benefit and Hevesi should have paid taxes on it.
"The tax law seems to be closely following what the ethics laws are, so if the service is not paid for, it must be treated as taxable income," he said.
"There are, theoretically, tax implications to the imputed income," Attorney General Eliot Spitzer told The Associated Press.
Spitzer said any tax case would be handled initially by the state Department of Taxation and Finance and they could refer it to the attorney general's office for enforcement. The tax department declined any comment.
Hevesi spokesman David Neustadt said the comptroller has talked with his accountant about filing amended tax returns.
Spitzer has recused himself from the case because of his ties to Hevesi, but his office has started an investigation into how much Hevesi may still owe the state. The ethics commission said Hevesi probably paid too little.
Hevesi is actually going to crawl out from under the rock he's been hiding under to debate his Republican opponent on Wednesday.
Unfortunately, I still think Hevesi will win re-election.
Hevesi represents what all of us need to worry about -- democrats who see themselves as above the laws that apply to the rest of us. And not just the laws, but the policies they profess, a well. Whether it's Robert Kennedy Jr. talking about the sacrifices we must all make to conserve energy, or it's Algore talking about controlling automobile emissions to fight global warming, both are hypocrites! Kennedy flies private jets to each and every event he attends! And Algore drives virtual caravans of high octane cars to any he attends! The reason for that is simple: Neither sees himself as one of us. Instead, each sees himself as someone "in leadership" who can be excused from such mundane requirements as will be applied to the rest of us.
Enough out of you, peasant! < /sarc >
He's a Democrat. What did you expect?
100 Dinar that Hevesi plays the role of victim in all of this.
LOL My gosh, what has happened to the world order when peasants no longer know their place?! :)
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