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The Next Steps in 'Chauffeurgate'
By now most New Yorkers have heard about the trouble State Comptroller Alan Hevesi is in. According to the State Ethics Commission, Hevesi intentionally abused the public trust by using tax dollars to illegally pay for a driver for his wife, who is seriously ill. Hevesi admits that he failed to reimburse the state in a timely manner for the use of the state worker (and only did so after he was caught), but says that he did not intentionally seek to steal from the taxpayers. Instead, Hevesi argues, he followed the State Ethics Commission’s instructions – which allow for state drivers under certain circumstances. Hevesi has paid restitution of over $82,000 to the state, an amount he claims more than covers the costs. Yet the State Ethics Commission’s opinion was “not a finding of guilt,” but instead was an allegation. Its spokesperson stated, “The final determination is up to the Legislature.” So what next? Some have called on Hevesi to resign his post. Hevesi has rejected these calls (mainly from Republicans and some editorial boards). But even if he did resign, his name would still be on the ballot next week. It is extremely difficult for a candidate to remove his or her name from the ballot with only one week to go before the election. Hevesi has said he will not resign and has said he will fight on. So it is very likely that on November 7 th, New Yorkers will be faced with a choice: either to vote for Alan Hevesi, the Democratic incumbent or Chris Callaghan, the Republican challenger. Callaghan is the former top fiscal officer for Saratoga County. If Callaghan wins, the political drama is over. Hevesi may still face investigations for his actions, but he would be out of office by the end of the calendar year. If Hevesi wins, the drama continues. The ethics investigations likely will go forward. If Hevesi then chooses to resign, his replacement would be chosen by a vote of the entire legislature. With Democrats having the majority of the two houses, they will likely control the choice of a replacement. However, if Hevesi continues to fight, the governor and the legislature may choose to remove him from office. There are two ways that such a removal can happen. The first way is that the Assembly could begin an impeachment proceeding. If they found that the comptroller had violated the law, they could impeach him and send the case to a trial held jointly by members of the Senate and the Court of Appeals. If a 2/3 majority of those members voted to remove Hevesi, he would be out of office. The other way is that the governor could choose to recommend removal of the comptroller. The Senate alone would then hold a trial and if 2/3 of all Senators agreed, then the comptroller would be removed. The governor would then appoint his replacement. Of course the public should assume that Hevesi is innocent until proven guilty. Hevesi has agreed that he did not reimburse the state in a timely manner, but challenges the assertion that he was deliberately trying to rip off the state. These revelations make the job of the voter much more difficult this Election Day. Hevesi deserves criticism for his careless actions, but has been widely viewed as having been a competent comptroller. Callaghan, his challenger, appears to have served his county well. On Election Day, the choice will be yours. On the day after Election Day, however, the controversy continues. That’s all for now. I’ll be keeping an eye on the Capitol and will talk to you again next week. |
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