Out As Cmte. Chair; Resigns As Dem Boss
Assemblyman Vito Lopez was stripped of his seniority and his chairmanship of the Assembly Housing Committee last Friday, Aug. 24, over allegations that he sexually harassed two female employees earlier this summer-and officials across the state have demanded his resignation from public office.
Assembly Speaker Sheldon Silver announced the sanctions against that the 71-year-old Lopez-who represents Bushwick, East Williamsburg and Williamsburg and serves as leader of the Kings County Democratic Party-were based on the findings of a probe conducted by the bipartisan Assembly Committee on Ethics and Guidance.
While he has rebuffed calls by many elected officials to step down from his Assembly seat, Lopez announced on Tuesday, Aug. 27, that he would not seek re-election as chairman of the Kings County Democratic Party.
In addition to losing his rank and status, Lopez was ordered to “undergo supplemental sexual harassment training” and pare down his staff to “the amount reserved for a first-term member,” with excessed employees reassigned to other duties within the Assembly. The sanctions also forbid the assemblyman from employing interns or any individuals under 21 years of age.
Losing the chairmanship of the committee will reportedly cost Lopez an annual stipend of $12,500; Silver additionally banned him from chairing any Assembly committee in the future.
Furthermore, in a letter sent to Lopez last Friday, Silver censured him “on behalf of the New York State Assembly and its members and declare that your conduct with respect to this matter … is inconsistent with the standards of conduct to which members of the Assembly should be held.”
“The Assembly has a zero toler-
Assemblyman Vito Lopez ance policy when it comes to sexual harassment, and we are committed to ensuring a safe and respectful workplace for all our employees,” Silver said in a press release issued last Friday. “The Committee on Ethics and Guidance has been diligent in thoroughly and fairly investigating the allegations made in this case and I will immediately implement its recommendations.”
‘Can’t continue’ as Dem leader
In the hours that followed Silver’s announcement, a host of elected officials- including City Council Speaker Christine Quinn, Sen. Charles Schumer, Rep. Jerrold Nadler, Democratic District Leader Lincoln Restler and Manhattan Borough President Scott Stringer issued statements demanding that Lopez step down from public office. Gov. Andrew Cuomo, through a statement made by a spokesperson to the New York Daily News on Monday, Aug. 27, also called on the assemblyman to voluntarily leave office.
Lopez responded to the charges and punishment to the Daily News last Friday, stating that the allegations were “unfounded” and that he would not resign from office. He repeated those claims in announcing his departure as the leader of the Democratic Party in Brooklyn in a statement published on Tuesday.
“The onslaught of character attacks has put enormous emotional pressures on my family and close friends,” Lopez stated. “I cannot sit by and allow that to continue. My political history has been to fight through challenges and political conflicts but, for the sake of loved ones and the Democratic Party, it is important that I take this action.”
Lopez went on to claim that “I have never sexually harassed any staff and I hope and intend to prove in the coming months the political nature of these accusations.” He added that he plans “to continue to serve the residents of the 53rd Assembly District and the borough of Brooklyn.”
Scandal tarnishes Silver, too
Despite Lopez’s troubles, the scandal took a new twist on Monday, Aug. 26, when The New York Times reported about Assembly documents which indicated that Silver “authorized a secret payment of $103,080” in June to settle a third sexual harassment case against Lopez. The paper had reported over the weekend that the deal was reached “in an arrangement that included public money [and] a confidentiality agreement.”
Silver confirmed these reports in a statement issued by his office on Tuesday night, stating that “it has been the opinion of Assembly counsel, which I endorsed, that if an employee or employees represented by counsel request a confidential mediation and financial settlement, the Assembly would defer to the employees’ desire for mediation and confidentiality, and that this precluded referring their complaints to” the Assembly Committee on Ethics and Guidance.
“While that opinion is both legally correct and ethical and can result in a resolution sought by complaining employees, I now believe it was the wrong one from the perspective of transparency,” Silver added. “The Assembly (1) should not agree to a confidential settlement, (2) should insist that the basic factual allegations of any complaint be referred to the Ethics Committee for a full investigation and (3) should publicly announce the existence of any settlement while protecting the identity of the victims.”
The speaker went on to note that “going forward, I will work with independent experts and our counsel’s office to ensure that we put in place policies that both protect the interests of victims and provide adequate transparency and accountability to the public.”
This development led the Joint Commission on Public Ethics to launch an investigation into the settlement of the Lopez sexual harassment case, the New York Post reported on Wednesday, Aug. 29. The chair of the State Republican Party, Edward Cox, also called for the appointment of a special prosecutor to look into the case in The New York Times report published Tuesday.
Went “as far … as [he] could go”
Chaired by Assemblyman Daniel O’Donnell and comprised of four Democrats and four Republicans, the Committee on Ethics and Guidance launched the investigation of Lopez after learning of complaints filed by two of his staff members that the assemblyman had verbally and physical harassed them between early June and mid July of this year.
The charges were outlined in Silver’s letter to Lopez, which was forwarded to the Times Newsweekly.
According to the complaint, Lopez allegedly made “repeated comments about their physical appearance, their bodies, their attire and their private relationships;” Silver stated that the “unwelcome verbal and physical conduct escalated over time.”
Lopez allegedly made repeated and unwanted physical contact with one of the female staff members. In one instance, he allegedly put his hand on her leg and, after she removed it, placed his hand between her upper thighs “as far up between her legs as [he] could go.”
Reportedly, Lopez later “required” that one of the women travel with him to Atlantic City in July. According to the complaint, the assemblyman “attempted to kiss her” and the woman struggled to avoid his advances.
On the return trip to New York, Silver noted, Lopez “again put [his] hand between her legs.”
It is further alleged that both women were required by the lawmaker to “write to [him] about how much they loved their jobs and cared” for him, according to Silver, and that Lopez “criticized their notes for being insufficiently effusive.”
All of this conduct, the speaker noted, was in violation of the Assembly’s Sexual Harassment/Retaliation Policy, “which appropriately provides that every Assembly employee is entitled to an employment environment free” from such activity.
A history of controversy
Lopez arrived on the public scene in 1973 when he founded the Ridgewood Bushwick Senior Citizens Council, an organization providing a litany of services to elderly residents and youths across both neighborhoods. He was first elected to the Assembly 11 years later, but his relationship with the RBSCC continued on, as he worked over the years to bring millions of dollars to the non-profit group.
Upon becoming chairman of the Assembly Housing Committee, Lopez helped direct millions more toward the RBSCC in order to purchase abandoned and/or dilapidated residences around Bushwick, then transform them into affordable housing for low-income residents in the neighborhood.
Lopez is also known to have personal ties for many years with two of the RBSCC’s highest-ranking members: Angela Battaglia, housing director and long-time Lopez companion; and Christiana Fisher, executive director and Lopez’s campaign treasurer.
The lawmaker’s relationship with the RBSCC came under fire in September 2010, when the city Department of Investigation (DOI) issued a report regarding a probe of the center after a phone-billing scam involving one of its employees came to light. The report found that the RBSCC needed to launch “greater internal controls to prevent potential fraud,” as previously reported in this newspaper.
Ranking members of the RBSCC agreed to enact a “corrective action plan” and install new board members and a fiscal monitor.
The investigation, however, led to further inquiries of the RBSCC and its ties to Lopez by state and federal law enforcement agencies. In October 2010, the state froze over $20 million in funding for the RBSCC amid the ongoing probes.
