THE ASSEMBLY commrTees STATE OF NEW YORK ALBANY ‘Soci Sericas CHARLES D.LAVINE assambiman 1 Ostet co-cHaR Legale Etics Commision December 1, 2014 Honorable Sheldon Silver Speaker New York State Assembly LOB 932 Albany, New York 12248 Re icah Kellner Dear Speaker Silver: In your letter of November 13, 2014, you requested that the Assembly Committee on Ethics and Guidance consider two questions: (1)Whether further proceedings should be conducted to address that portion of Judge Levine's November 10, 2014 decision in which he concluded that Assemblyman Kellner was not afforded adequate due process regarding the new allegations arising from the climate survey that, in addition to the sexual harassment that he was originally found to have committed (which findings were earlier upheld by Judge Levine), Mr. Keliner had sexually harassed two additional female employees in 2012 and 2013; and (2) Whether, in light of Judge Levine's decision, the Committee would change its recommendations regarding sanctions contained in its letter to you dated June 1, 2014. You further asked the Committee to send to you, as soon as possible, its recommendations regarding the extent to which such sanctions should continue to be imposed. What follows is an update on the first question and a response to the second. Sexual Harassment The Committee has determined to address the concerns raised by Judge Levine by issuing a new notice to Assemblyman Kellner, and inviting him to a private hearing to address the sexual harassment allegations that were uncovered oom 2%, Lagistave Ofes Bulding, Albany, Now York 12248 518.455.5458, FAX ‘OFFICE Po Olan Steet Sue 249, Gio Cove Now Yor 11542 16-6760080, FD EMAL lecSassemby sitesby the climate survey. That private hearing is currently scheduled for December 15, 2014, but may be moved to accommodate his counsel's schedule. ‘The notice meets all of the requirements of the Assembly's new Policy Prohibiting Harassment, Discrimination and Retaliation, and includes detailed notice that the Committee expects will amply address the concerns raised by Judge Levine The Committee will report back to you once it has completed its hearings and deliberations. Vi Imonition Having Int¢ in Assemblyman Kellner’s Office In your November 13 letter, you indicated your understanding that, “that the Committee recommended the sanctions that were imposed primarily on the basis of Mr. Kellner’s violation of the ban on interns and actions to obstruct the climate survey.” That understanding was entirely accurate, Prior to its review of the second round of allegations of sexual harassment, the seven Committee Members in attendance unanimously recommended in our June 1, 2014 letter to you: a) That Member Kellner’s district and LOB offices be closed; b) That the Speaker issue a letter of further admonition and severe reprimand; and ©) That Member Kellner's staff be afforded all due considerations consistent with law, policies, and guidelines and past practices in these circumstances. ‘As you noted in your November 13 letter to the Committee, Judge Levine completely upheld your June 10, 2014 Determinations (adopting the Committee's findings) that Assemblyman Keliner (a) violated your December 30, 2013 directive not to employ any interns in his office and (b) he attempted to obstruct the climate survey mandated by your December 30, 2013 Determination. Judge Levine clearly and without equivocation held that there was substantial evidence before the Ethics Committee that was sufficient to support a rational inference that Assembly Member Kellner: (i) had a “willful intent” to violate your December 30, 2013 Determination when he permitted an intern to continue working in his office and (ii) further violated your December 30, 2013 Determination by attempting to obstruct the climate survey. Judge Levine especially noted the evidence that ‘Assembly Member Kellner asked his staff to lie during the climate survey. 2 The Committee does not agree with Judge Levine's determination on the due process issue, but is proceeding in this manner in order to afford Assemblyman Kellner the rights that Judge Levine believes him to have consistent with present Assembly policy.Based on all the above, the Committee does not change its recommendations regarding sanctions, as originally contained in our June 1, 2014 letter. Recommendation Upon reconsideration of the Ethics Committee's original findings and Judge Levine's determination that there was substantial evidence to support those findings, it is the Committee's considered judgment that Assemblyman Kellner’s “willful intent” to violate your December 30, 2013 Determination, his attempt to obstruct the climate survey, and his direction to his staff to lie, are more than sufficient to warrant all the sanctions imposed by your June 10, 2014 Determination. His actions were unethical and brought shame on the Assembly of the State of New York. Therefore, the Committee's recommendations remain: a) That Member Kellner’s district and LOB offices be closed; b) That the Speaker issue a letter of further admonition and severe reprimand; and ©) That Member Kellner’s staff be afforded all due considerations consistent with law, policies, and guidelines and past practices in these circumstances. Respectfully Submitted, Cue ZN pe Lie, tues Charles Leni ne ey a a aneenen Keon A Cahill NM A bes Go of Dugg Vehete Dare k, Dupreg