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    Levine Letter 11-10-14

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    Levine Letter 11-10-14

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    2K views31 pages

    Levine Letter 11-10-14

    Uploaded by

    Matthew Hamilton
    Levine Letter 11-10-14

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    WHITEMAN Osterman | Atomeys stew seustavoh.com & HANNAue Howard A. Levine Senior Counsel 518497.7686 phone One Commerce Fass hlevite@woh.com Albany. New York 260 S800 phone srr fee ‘November 10, 2014 ‘The Honorable Sheldon Silver Speaker ‘New York State Assembly Legislative Office Building, Reom 932 ‘Albany, New York 12248 ‘Re: Assembly Member Micah Kellner — Second Appeal Dear Speaker Silver Enclosed is a Decision, dated November 10, 2014, disposing of Assembly Member Micah Kellner's appeal from your June 10, 2014 determination, which: (1) adopted the ‘Assembly Ethics Committee's ananimous findings that Member Keliner violated your December 30, 2013 admonishment and directives (issued with respect to Member Kellner’s prior violation of the Assembly Sexual Harassment Policy) by having an inter working in his district office and attempting to obstruct the office climate survey conducted in May 2014; (2) adopted the Ethics Committee's further findings that Member Kellner further violated the Sexual Harassment Poliey by his conduct toward two female staff-members; and (3) imposed sanctions therefor as recommended by the Ethies Committe. _fincerely yours, woke. Cor2 Howard A. Levine Enclosure cc: Amold N, Kriss, Esq Professor Merrick T, Rossein NEW YORK STATE ASSEMBLY In the Mater of ‘Assembly Member Micah Kellner's Appeal of Speaker Sheldon Silver's June 10, 2014 Determinatior Adopting Findings by the Assembly Standing Committee on Ethies and Guidance ‘That Assembly Member Kellner Violated Speaker Silver's December 30, 2013 Admonishment and Disectves, and Imposing Sanctions Therefor as Recommended By The Committee es DECISION By letter dated June 18, 2014, the Honorable Sheldon Silver, Speaker of the New York State Assembly (the “Speaker”), appointed the undersigned as appeals officer “pursuant to Section VII(B) of the Assembly's Policy Prohibiting Harassment, Discrimination and Retaliation” (“Revised Sexual Harassment Policy”), to hear Assembly Member Micah Kellner’s appeal of the Speaker's determination dated June 10, 2014, That determination: (1) adopted ‘unanimous findings by the Assembly Standing Committee on Ethics and Guidance (“Ethies Committee”) that Member Kellner violated the Speaker's December 30, 2013 admonishment and directives issued with respect to Member Kellner’s prior violation of the Assembly Sexual Harassment/Retaliation Policy of 2009-2010 ("2009-2010 Sexual Harassment Policy");? (2) ‘The appointment letter’ reference to Section *VII(B)" ofthe Revised Sexual Harassment Policy ‘appears to be a typographical error, While Section VIB) of that policy addresses the "Member's Opporsity to Appear before the Ethies Committe,” itis Section VIIN(B) that conesms appointment of | «an appeils office. {served as Hearing Officer with respect to Member Keller's appeal ofthe Speaker’s December 30, 2015 determination that Member Kellner violated the 2009-2010 Sexual Harassment Policy by certain ‘eonduet occuring in 2009 and 2011, and imposing sanctions therefor (the “prior appeal”). On September adopted the Ethies Committee’s further findings that Member Keller further violated the 2009- 2010 Sexual Harassment Policy by his conduct toward two female staff:members; and (3) imposed sanctions therefor as recommended by the Ethics Committee, During the investigation, ‘Memter Kellner was represented by Amold Kriss, Fsq., who remains his counsel on this appeal. Rossen Associates (through Professor Merrick T. Rossein) served during the investigation as the: independent neutral investigator of the subject allegations; Professor Rossein has appeared on. behalf ofthe Ethies Committee in response to Member Keliner's appes! in this mater. BACKGROUND ‘After allegations of sexual harassment by Member Kellner rose in mid-2013, the Speaker referred the matter tothe Ethies Committee for investigation, purstant to Article V of the then- applicable 2009-2010 Assembly Sexual Harassment Policy. Fellowing an investigation, the: Ethics Committee memorialized its findings in a letter to the Speaker dated December 30, 2013, ‘Also on December 30, 2013, the Speaker issued a determination letter to Member Kellner adopting the Ethics Committee's unanimous findings that: 1. In 2009 and 2011, comments [Member Kellner} directed at members of his staff, together with other conduct, created a hostile work environment; 2, Such conduct violated the Assembly's Sexual Harassment Policy, which is predicated upon applicable laws; and that 3. Such conduct is unbecoming of a Member of the Assembly and reflects poorly on the entire body. (On this basis, the Speaker further adopted and imposed the sanctions recommended by the Etiies Commitee in its December 30, 2013 letter. Among other sanctions, the Speaker's December 30, 2013 letter to Member Kellner expressly directed that “you should not have any 2, 2014, 1 issued a decision upholding thet December 30, 2013 determination and the associated woman pl Minn: ee 2 interns placed or working in your Assembly offices,” and “(an independent investigator should conduct climate surveys of your employees at least semi-annually 1o ensure that there is no. repeat ofthe conduct.” (December 30, 2013 letter from S, Silver to M, Kellner, ap. sanctions: Bands)? ‘The first climate survey was performed on May 14, 2014 by Mary M. Roach, Esq. from the Albany law firm Roemer Wallens Gold & Mineaux LLP. Ms. Roach went to Member Keliness district office on that date, and spoke with staff members there. Member Kellner ‘was not in his district office that day. Ms. Roach thereafter had follow-up discussions with some of the staff members she had interviewed. 1m light of information gathered during the climate survey, the Ethics Committee, by letter dated May 20, 2014, notified Member Kellner (through counsel) that it would be holding a private hearing, as defined by Section 73(1) of the New York Civil Rights Law, on May 27, 2014 to discuss certain allegations that had arisen, The May 20 notice letter stated that Member Kellner would have the opportunity to appear at the hearing, accompanied by counsel, to testify under oath in response to: "t) the allegation that he ‘Violated the directive in the Speaker's December 30, 2013 Letter of Admonition that he ‘should not have any interns working in his office, and 2) that he sexually harassed an ‘employee in 2013." No other factual detail was provided in the May 20 Ethics ‘Committee Notice concerning the nature of the allegations. > In addition to adopting the sanctions recommended by the Ethics Committe, the Speaker

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