Grand jury takes on Suffolk ethics probe

A grand jury has begun hearing testimony from current and former county officials about the operations of the Suffolk Ethics Commission, and at least two county legislators have been subpoenaed to testify.

Anton Borovina, who served as the first counsel to the then-Board of Ethics from 1976 to 1981, said he testified Tuesday about the history of the county's ethics code and "the consequences of an ethics charge being leveled against an official [and] why that matters."

Paul Sabatino, former chief deputy county executive who has been fighting an ethics charge filed against him by top deputies of Suffolk County Executive Steve Levy, also said he testified Tuesday. Sabatino declined to describe his testimony.

Suffolk District Attorney Thomas Spota's office also issued subpoenas Wednesday for the testimony of Legis. Edward Romaine (R-Center Moriches) and Legis. William Lindsay (D-Holbrook), Romaine and Lindsay said.

The Suffolk Ethics Commission has been under scrutiny for more than a year. Newsday has reported that critics raised questions about whether Levy wielded undue influence over the commission's actions and whether the commission leaked confidential information. Each year, the commission collects financial disclosure forms from some 650 county employees and issues opinions upon request. By law, its proceedings are confidential.

Levy spokesman Dan Aug said he was unaware of subpoenas to the administration and that ethics commissioners have said they were never pressured. County Attorney Christine Malafi did not respond to a call for comment.

"Obviously, they're heating up," Romaine said of the investigation, adding, "I'll be happy to give the DA any information he needs."

Romaine was involved in a protracted battle over an ethics complaint filed by a Levy aide that resulted in Romaine not voting on matters related to the county nursing home. Romaine's wife works as a housekeeper at the nursing home.

Lindsay, who is the legislature's presiding officer, oversaw a legislative committee investigating the commission. In March, Lindsay suspended the committee's hearings at the request of Spota.

Tim Laube, clerk of the legislature, said Wednesday that he testified briefly Tuesday to authenticate documents he turned over to the district attorney's office. He also said he recently received more subpoenas for minutes of legislative meetings and resolutions appointing commission members.

Grand jury proceedings can last months, and a grand jury may decide whether to issue indictments or a report.

A grand jury report can identify malfeasance or misconduct by a public official or recommend legislative or administrative changes. Robert Clifford, Spota's spokesman, declined to comment.

With Rick Brand