NOTE: Two days ago New York Civic celebrated its second birthday, and this is my one hundredth column. We thank our readers and contributors for their kind words, generous gifts, and sound ideas.

February 6, 2004
Henry J. Stern

The negotiated guilty plea by Brooklyn Assemblyman Roger Green is a satisfactory conclusion to a criminal proceeding. The case is described at length by James McKinley, in the Times, Kenneth Lovett and Fred Dicker in the Post, Joe Mahoney in the News, Bill Hammond in the Sun, and Alicia Chang, an AP writer, in Newsday.

The Albany district attorney found that claimed travel ‘expenses’ of 36 cents per mile (Albany is about 150 miles north of New York City) were routinely reimbursed by the Assembly without any substantiation. There appears to be a pattern of this sort of expense-account cheating by the state legislators.

The criminal case was settled as petty larceny, although the sum of the freebies Green enjoyed was rather grand. He repeatedly received free transportation from the Correctional Services Corporation which did substantial business with the state, and then charged the state for his nonexistent travel expenses. He is by no means the only legislator who cheated on his per diem. Assemblywoman Gloria Davis of the Bronx also took free rides, but she then tried to help the company get contracts. She pleaded guilty to felony bribery and forfeited her public office. The two convicted legislators are not alone.

It was disappointing to read in Thursday's News the remarks of Charles Carrier, spokesman for Speaker Silver, who said no reforms are in the works. “Fundamentally, these are elected public officials who answer to their constituents. We rely on them to follow our guidelines.” Better news came Friday when the Times reported that Silver said he would convene a panel of Assembly members to review the chamber’s reimbursement procedures. “I am deeply troubled by the facts of this case and fully recognize that wrongdoing or impropriety among elected officials is a serious concern for all New Yorkers.” The diligent Sun checked with the Republican-led State Senate and was told: “that the Senate is satisfied with its existing procedures and plans no similar review.”

As we have pointed out from time to time, in the absence of term limits or cotested seats, and because of bipartisan incumbent-protection redistricting and state-funded self-promoting "newsletters" by legislators, senators and assemblymen often serve until they tire of the office, go to jail, or expire. The sins of Mr. Green could have been tried as felonies, but the Albany County prosecutor’s judgment was that, in the lack of evidence that he did anything to help his benefactor, his sin was a misdemeanor. Ms. Davis, who was caught trying to return the favors she had received, lost her Assembly seat but avoided jail time.

Today is February 6. We will look at this situation on the business day following the sixth of each month to find out whether anything has happened with regard to the Assembly’s reimbursement procedures. Our next report will appear Monday, March 7. We hope we are not being unduly skeptical when we advise readers not to hold their breath, or stand on one leg, until this matter is resolved. We trust that the speaker is serious, and that this outright theft of taxpayer dollars will come to a swift and timely end.