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Thursday, July 24, 2008
4 Spitzer appointees accused of ethics violations
By MICHAEL GORMLEY
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Three former aides to ex-Gov. Eliot Spitzer and the former head of the state police were charged with ethics violations Thursday over travel records released to discredit a political rival, a scandal that consumed Spitzer's administration before it was wrecked by another involving a prostitute.

Spitzer himself was not charged. The state Public Integrity Commission harshly criticized the Democrat, saying he reneged on public promises to cooperate fully in the investigation, but said it did not have enough evidence to charge him over the misuse of travel records concerning then-Senate Majority Leader Joseph Bruno, a Republican.

The commission found former Spitzer aides Darren Dopp, Richard Baum and William Howard and former state police head Preston Felton conspired to smear Bruno by releasing his travel records to a reporter. At issue were trips by Bruno in May and June 2007 to New York City on days he met with lobbyists and attended Republican fundraisers.

Felton, who was acting state police superintendent and had been appointed by Spitzer, faces two ethics violations that could each carry a $10,000 fine. Now retired, he is accused of working with Dopp, then Spitzer's communications director, to compile and in some cases re-create records of Bruno's travel on state aircraft operated by state police.

Dopp is accused of one violation of the code of ethics in the Public Officers Law. Baum, Spitzer's former secretary, and Howard, formerly a top public security aide, settled their cases by accepting charges that carry no penalty. None of those accused remain in state government.

The commission, created as part of Spitzer's early government reforms, found Dopp and Felton used the state police to serve Spitzer's and their own interests in a way that compromised the agency.

"Such misconduct erodes public confidence in the integrity and independence of the state police," the commission stated. Spitzer appointed the majority of its members.

A state police official testified before the commission that travel itineraries of a state official were usually withheld on the theory that releasing them could endanger the life or safety of the official.

Dopp issued a statement saying he will contest the charges "because I do not believe I did anything wrong in releasing public records at the request of the media and at the specific direction of the governor."

"I can and will refute the commission's claims and look forward to doing so in the appropriate forum," Dopp said.

By not charging Spitzer, the commission drew sharp criticism from former Lobbying Commission Chairman David Grandeau, whose panel was replaced by the Public Integrity Commission.

"The whitewash is continuing," Grandeau said. "It's been a year of making sure Eliot doesn't get blamed."

A spokeswoman for Spitzer said the report "makes clear there is no evidence that he violated the Public Officers Law."

"Indeed the report confirms what Governor Spitzer has said throughout: that he understood the information to be public and accordingly its release was proper and obligatory. He is saddened by the toll this investigation has taken on public servants who were simply trying to do their jobs," Brandy Bergman said in a written statement. Continued...

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