A retired engineer took the state's powerful Assembly
speaker to court on Monday, accusing him of using $103,000 in taxpayer money to
protect his own political interests by secretly settling sexual harassment
claims involving a fellow lawmaker.
Robert Schulz asked
a state judge to require that Assembly Speaker Sheldon Silver reimburse
taxpayers for the 2012 settlement. Silver brokered the deal to end claims
against Assemblyman Vito Lopez, a Brooklyn Democrat.
Schulz alleged the secret settlement was intended to protect
Silver's powerful position and violated the constitution by using public money
for a "private undertaking." An attorney for the Assembly, meanwhile,
argued Schulz lacks the legal standing to proceed with his case.
Acting Supreme Court Justice Kimberly O'Connor said she will
issue a written decision on the Assembly's request.
But there were plenty of fireworks in that hour of
arguments.
"We are not governed by the rule of whim, or the rule
of man," said Schulz, who isn't a lawyer. "We are governed by the
rule of law."
Schulz had accused Silver of "a bit of tickery,"
making insincere public comments on his opposition to sexual harassment after
he approved the settlement, and of "misleading the court." At one
point Schulz called Silver's argument "hogwash."
"The constitution is a set of principles to govern the
government," said Shulz. "It's all that stands between the people and
total tyranny and despotism."
Silver approved the settlement to end the first set of sexual
harassment claims against Lopez. The deal avoided the Assembly's ethics
committee process, which Silver had said spared the women from being identified
publicly. However, the women said they never sought secrecy. Lopez was accused
shortly after the settlement by more young, female staffers. Months later,
Silver publicly stripped Lopez of his perks and power of seniority.
"We're comfortable that the payment is lawful and that
the complaint is going to be dismissed," said Chris Massaroni, the
Assembly's attorney, after the court appearance.
Massaroni disputed Schulz's claim bypassing the Assembly's
internal policies are the same as violating the constitution. Massaroni said
Silver is fully authorized to act in the best interest of the Assembly. In this
case, Silver reduced the settlement to a fraction of the amount sought by the
former staffers. Massaroni said Schulz used ``snippets'' of the constitution
out of context to build his case.
"No matter how many times Mr. Schulz says it, no matter
how impassioned he is ... there were claims threatening the Assembly and
[Silver] was well within his rights," Massaroni told the judge.
Schulz tried to introduce Silver's press release after the
settlement in which Silver said he wouldn't again do a secret settlement and
regretted the action. The judge declined to accept it as part of her
deliberation, but said it could be reintroduced if there is a trial.
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