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NY’s top ethics officer accused of ethical breach

By A. James Memmott

May 15, 2009 at 9:04am

The fallout from Eliot Spitzer’s short but contentious reign as governor of New York state continues.

This week, Joseph Fisch, the state’s inspector general, charged the state’s top ethics watchdog, Herbert Teitelbaum, with acting unethically.

Teitelbaum, the executive director of the Commission on Public Integrity, should be fired, Fisch concluded.

The charges came in a 174-page report (not counting appendices) that gives a detailed sense of the power of personal, professional and political connections in Albany.

The report also recalls a scandal that erupted just a few months after Spitzer took office in January 2007.

At first, the controversy focused on Republican Joseph L. Bruno, the then leader of the state Senate and a Spitzer opponent.

Allegedly, Bruno had been using state aircraft to fly to political events, a violation of law.

Rather quickly, the scandal did an about-face when it was reported that members of Spitzer’s staff had used state police to gather the damaging information on Bruno.

The use of the police for political purposes violated the law and the scandal got a label, Troopergate.

The Commission on Public Integrity launched an investigation, an investigation that posed a threat, if not to Spitzer, then to members of his inner circle.

Fisch, the inspector general, claimed in a report issued Wednesday that Teitelbaum compromised the investigation by leaking confidential information to Robert Hermann, then the director of Spitzer’s Officer of Governmental Reform and a member of Spitzer’s cabinet.

Hermann then passed information to Lloyd Constantine of Spitzer’s staff on several occasions, the report alleges. Hermann had once been Constantine’s supervisor in the state attorney general’s office.

Hermann also supposedly talked once about the investigation with Peter Pope, Spitzer’s director of policy.

Fisch also charges that the commission did not act properly when it was told of Teitelbaum’s conversations with Hermann.

Both Teitelbaum and Hermann have denied that they did anything wrong, and Teitelbaum has resisted the calls for his resignation.

Gov. David A. Paterson, Spitzer’s successor, has asked his seven appointees to the 13-member commission to resign. They, so far, have refused to step aside, just as they have refused to fire Teitelbaum.

Teitelbaum and Hermann, both Spitzer appointees and Spitzer supporters, had known early for years before they came to be officials in Albany.

As Fisch’s report explains, they first met when Hermann was at the law firm, Skadden, Arps, Slate, Meagher & Flom LLP.

Hermann interviewed Teitelbaum for an associate’s position with the firm, a position that he took.

However, Hermann had left the firm by the time Teitelbaum began work. (Eliot Spitzer would later be a lawyer with Skadden, Arps.)

Later in their careers, Teitelbaum and Hermann worked together at Teitelbaum, Hiller, Rodman, Paden & Hibsher, P.C., another law firm.

They had also served at different times as the legal counsel for the Puerto Rican Legal Defense and Education Fund.

Paterson was Spitzer’s lieutenant governor at the time of the Troopergate episode, and he was not swept up in the investigation.

However, he has a link to the latest news. In naming Fish inspector general last year, Paterson had returned a favor.

In 1982, Fisch, the chief assistant district attorney in Queens, hired Paterson, who was fresh out of law school.

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