June 10, 2014 Assemblyman Micah Kellner 1365 First Avenue New York, New York 10021 Dear Assemblyman Kellner: On December 30, 2013 you were issued a Letter of Admonition. I have been advised by letter, a copy of which is enclosed, that the Standing Committee on Ethics and Guidance has concluded an investigation into allegations that you violated the terms of the Letter of Admonition. The investigation concludes that: • An intern has been working in your office; • you attempted to obstruct the required climate survey of your office; and • you engaged in additional sexual harassment beyond the matters that were the subject of the 2013 investigation. The Committee on Ethics and Guidance unanimously found as follows: 1. An independent investigator conducted a climate survey of your staff on May 14, 2014, and learned that subsequent to my directive to you of December 30, 2013, and through May 9, 2014, you had an intern working in your district office. 2. Although you denied willfully having an intern, the evidence does not support your claim. You admitted telling a staffer that you thought you needed to remove the intern from the office, but claimed you allowed yourself to be persuaded otherwise by the staffer in a conversation that the staffer did not describe in the staffer’s own interview. In addition, you had legal counsel whom you chose not to consult on the subject. Moreover, you had easy access to website information that would have confirmed your suspicion, but you did not make that simple inquiry. Finally, you did not seek clarification from me. These facts led the Ethics Committee to conclude that, at the very least, you deliberately and willfully remained ignorant. 3. Finally, aware that the discovery of the intern would demonstrate your violation of the admonition against having interns in your office, there is irrefutable evidence that you attempted to cover up the intern’s existence by telling your staff not to reveal that information during the climate survey. You thereby attempted to obstruct a second directive contained in the December 30, 2013, letter, namely the climate survey. 4. As a result of the investigation, it was learned that you engaged in unwanted and inappropriate conduct of a sexual nature toward two female members of your staff, in addition to the incidents that were brought to the Ethics Committee’s attention in 2013.
SHELDON SILVER Speaker of the Assembly
THE ASSEMBLY STATE OF NEW YORK ALBANY
Room 932 Legislative Office Building Albany, New York 12248 (518) 455-3791