Wednesday, December 31, 2008

Rules Don't Apply to Them

In some states, the sordid downfall of George "Chris" Ortloff might be the year's biggest scandal.

Not in New York.

When Ortloff, a former state Parole Board member and longtime Plattsburgh-area assemblyman, admitted on Christmas Eve that he tried to entice two preteenage "sisters" into sex at a Colonie hotel, his guilty plea in U.S. District Court was not even the latest scandal at the Division of Parole.

In a year in which Americans faced an economic crisis and elected a new president, an assortment of politicians in the Empire State added new pages to an ever-increasing story leaders and lawmakers who break the law.

It is a story that spans the state from Buffalo to Queens and that is without former Gov. Eliot Spitzer, who avoided criminal charges after being toppled in a prostitution scandal. His departure followed the exit of former Comptroller Alan Hevesi, who was forced to resign in 2007 after defrauding the government.

The continuing legal troubles in state politics raise a simple question: Why does this keep happening?

"Far too many elected officials think that the rules don't apply to them," said Blair Horner, of the New York Public Interest Research Group. "Because of their 'exalted status,' they are outside of the normal restrictions that apply to everyone else. This rogues' gallery should spur action on legislation to create truly independent ethics oversight entities."

The Times Union reported last December that nearly one-fifth of elected legislators in New York had, by some measure, broken a law in recent years, ranging from traffic violations to bribery and theft.

A year later, the Ortloff case arguably makes them all appear tame.

When the 61-year-old tough-on-crime Republican quietly pleaded guilty to online enticement of minors Dec. 24, it was while facing charges he tried to arrange sex trysts with girls, ages 11 and 12, through their "mother," an undercover police officer. Ortloff had acknowledged to the undercover officer that he not only had a fondness for "toddlers," but had previously molested at least one child.

Five days before the Ortloff plea, on Dec, 19, state Sen.-elect. Hiram Monserrate, a Queens Democrat, was charged with slashing and beating his girlfriend. A day earlier, Assemblyman Anthony Seminerio, a longtime Queens Democrat, pleaded not guilty to fraud charges. He is accused of illegally accepting payments from groups with business pending before the state.

As it turns out, Monserrate took the seat of former Sen. John Sabini, whose own political career survived an alcohol-related driving arrest.

Meanwhile, Seminerio's arrest is said to have stemmed from cooperation from disgraced former Assemblyman Brian McLaughlin, another Queens Democrat, possible mayoral candidate and former president of the New York City Central Labor Council convicted of stealing money and perks in March.

The cases go beyond Queens. Among the year's other highlights (or lowlights):

On Dec. 19, an investigation by state Inspector General Joseph Fisch revealed that Division of Parole Chairman George B. Alexander of Buffalo took home a $1,700 government computer in 2007 and did not return it until anti-theft software traced it to his home. He tendered his resignation.

When Rep. Vito Fossella, a Staten Island Republican, was charged with drunken driving in Arlington, Va. ,on May 1, he told police he was headed to pick up his sick daughter. But the arrest revealed the married lawmaker had an out-of-wedlock daughter with a retired Air Force lieutenant. He chose not to seek re-election, then was convicted of driving under the influence.

Assemblywoman Diane Gordon, a Brooklyn Democrat, was convicted last year of trying to have a private developer build her a $500,000 home for a dollar in exchange for arranging a $2 million land deal.

Sen. Efrain Gonzalez, D-Bronx, had been under indictment on allegations he funneled nearly half a million taxpayer dollars through a charity to finance his cigar company, purchase Yankees tickets and pay tuition for his daughter.

As the year drew to a close, it was unclear what new cases might arise, though at least one top name made headlines without facing any charges. A federal probe into former Senate Majority Leader Joseph L. Bruno's business dealings was said to be nearing an end, with criminal charges being contemplated. The Brunswick lawmaker, the Legislature's most powerful Republican before he stepped down in July, has repeatedly denied any wrongdoing.

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