Levy's office: No reason to probe Suffolk ethics office

On the eve of the first hearing of a special legislative committee investigating the Suffolk Ethics Commission, the county executive's office Tuesday issued a statement saying that no investigation is needed and that the legislature's action "is politically motivated in an effort to discredit the county executive."

The statement cited a legal brief written by County Executive Steve Levy's lawyer, Steven Schlesinger, who is also counsel to the Nassau Democratic Party. Schlesinger said that state law supersedes county law and that the Ethics Commission was required to accept Levy's filing of a state financial disclosure form, instead of the county form required of about 650 county employees. In the statement, Schlesinger said no "threshold" had been met for an investigation.

"The county executive, the Suffolk County Ethics Commission and its executive director are clearly vindicated by arguments within this memorandum of law," Schlesinger wrote.

Presiding Officer William Lindsay (D-Holbrook), who formed the committee, criticized the statement. "I'm just starting, and they're telling me I haven't reached a threshold. It's so overblown."

As a member of the state Pine Barrens Commission, Levy is required to file a state financial disclosure form. Levy has said the Ethics Commission ruled that the state form would fulfill the filing requirement for the local disclosure form, but neither he nor the commission has provided the date of that ruling to Newsday. Levy also has said Ethics Commission Director Alfred Lama gave him permission.

Unlike the state form, the county form requires, among other things, detailed information about bank accounts. And unlike the state form, the county form is a sworn statement. Schlesinger said that was not significant because anyone knowingly filing a false state financial disclosure is subject to a misdemeanor. However, according to the state penal code, anyone filing a false statement on the county form could be subject to an additional felony perjury charge.

Newsday requested a copy of Schlesinger's brief, but the county executive's office said it would be released Wednesday.

Lindsay said the legislature was merely exercising its oversight role, as it does with all county departments. "It's about the commission. It isn't about Mr. Levy."

THE INVESTIGATIVE COMMITTEE

The Suffolk County Legislature has formed a special committee to investigate actions of the county Ethics Commission, a three-person board that oversees the filing of county financial disclosure forms by roughly 650 county employees. When requested, the commission provides opinions to employees on potential conflicts of interest and other ethical issues. The commission is advised by the county attorney's office. By law, all commission proceedings are confidential.

The legislative committee, which is scheduled to meet Wednesday, plans to undertake the following, officials said:

• review the operations and procedures of the commission;

• determine whether the commission has been subject to undue influence by outside parties;

• ascertain whether greater oversight is needed over the commission.